HomeMy WebLinkAboutORDINANCES-2017-012-O-17Effective Date: May 8, 2017 3/ 7/2017
3/27/2017
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AN ORDINANCE
Amending City Code Section 3-4-6-(K) Allowing On -Site Consumption
of Beer and Wine for the Class K Liquor License
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Section 3-4-6 of the Evanston City Code of 2012,
"Definitions," as amended, is hereby further amended and revised to include the
following definition:
CRAFT BEER. A beverage obtained by the alcoholic fermentation of an
infusion or concoction of barley, or other grain, malt and
hops in water, and includes, among other things, beer,
ale, stout, lager, porter and the like, manufactured by a
Class 1 Brewer as defined in 235 ILCS 5/3-12(18)(a).
SECTION 2: Class K of Table 1, Section 3-4-6 of the Evanston City Code
of 2012, as amended, is hereby further amended and revised as follows:
�K Wine, Beer, Wine, $5,000 $5,000 2
Beer, and Wine Beer, and
Spirits Spirits
Shop
Store Off -Site
under Consumption:
5,000
8 a.m.—
sq.
ft. Midnight
and
On -Site
Core
Consumption:
Area
10a.m.-9
Exclude p.m. (Mon-
tt
Thurs);
10a.m.-10
p.m. (Fri -Sat);
12 p.m.-
9 p.m. (Sun)
SECTION 3: Subsection 3-4-6-(K) of the Evanston City Code of 2012, as
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amended, is hereby further amended and revised as follows:
(K) Class K licenses, which shall authorize the retail sale of alcoholic liquor, wine and
beer for consumption off the premises and the sale of wine and beer for
consumption on the premises to persons of at least twenty-one (21) years of age.
1. It shall be unlawful for a Class K licensee to sell a single sealed container
of wine for consumption off premises unless the container is greater than
or equal to sixteen (16) fluid ounces or 0.473 liters.
2. It shall be unlawful for a Class K licensee to sell a container of craft beer
for consumption off the premises unless the volume of the container is
greater than or equal to twelve (12) ounces or 0.355 liters. It shall be
unlawful for a licensee to bundle, tape, package, or otherwise manipulate
single containers of beer for sale as a set. Any such manipulation of
packaging shall be a violation of this Subsection. Nothing in this
Subsection shall be construed as prohibiting the sale of packages
containing six (6) single containers of beer, including such packages
consisting of various single containers of beer chosen by the consumer.
3. Class K licensees may during authorized hours of business offer for on -
site consumption beer and/or wine for retail sale.
Licensees shall not provide more than three (3) free samples of wine,
each of which shall not exceed one (1) fluid ounce, to any person in a day.
Licensees may sell wine samples, but the volume of any wine sample sold
shall not exceed six (6) fluid ounces and the total volume of all wine
samples sold to a person in a day shall not exceed twelve (12) fluid
ounces. Licensees shall not provide and/or sell more than a total of fifteen
(15) fluid ounces of wine samples to any person in a day.
Licensees shall not provide more than three (3) free samples of beer,
each of which shall not exceed two (2) fluid ounces, to any person in a
day. Licensees may sell beer samples, but the volume of any beer sample
sold shall not exceed twelve (12) fluid ounces and the total volume of all
beer samples sold to a person in a day shall not exceed twenty-four (24)
fluid ounces. Licensees shall not provide and/or sell more than a total of
thirty (30) fluid ounces of beer samples to any person in a day.
Licensees must have at least one (1) BASSET -certified site manager on -
premises whenever offering wine and beer for tasting or retail sale for on -
site consumption. All persons who sell, open, pour, dispense or serve craft
beer or wine shall be BASSET certified. Licensees must provide food
service when offering wine and beer for tasting. Beer or wine sold within
the licensed premises for consumption on the premises shall not be
removed from the licensed premises. Beer or wine for product sampling or
retail sale for on -site consumption shall be sold and dispensed only in
containers provided by the licensee.
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4. The licensed premises shall not exceed a gross area of five thousand
(5,000) square feet total.
5. Not less than ten percent (10%) but not more than twenty percent (20%)
of total gross square foot area of the licensed premises shall be
designated for the sale of food.
6. Not more than two percent (2%) of total gross square foot area of the
licensed premises may be designated for the sale of alcoholic liquor other
than wine and beer.
7. Licensees who during authorized hours of business, offer for on -site
consumption samples of beer and/or wine shall provide limited food
service such as cheese, crackers, snack food or other similar deli -style
items to customers who are sampling beer and/or wine.
8. No such license may be granted to an establishment that is located within
the core area as defined in Section 3-4-1 of this Chapter.
9. The sale of wine and/or beer for consumption off site shall be limited to the
hours of 8:00 a.m. until Midnight on any given day. The sale of wine
and/or beer for consumption on site shall be from 10:00 a.m. until 9:00
p.m. Monday through Thursday; 10:00 a.m. until 10:00 p.m. Friday
through Saturday; 12:00 noon until 9:00 p.m. on Sunday.
The applicant for the renewal only of such licenses may elect to pay the amount herein
required semiannually or annually. Such election shall be made at the time of
application.
The annual single payment fee for initial issuance or renewal of such license shall be
five thousand dollars ($5,000.00).
The total fee required hereunder for renewal applicants electing to make semiannual
payments, payable according to the provisions of Section 3-4-7 of this Chapter, shall be
five thousand one hundred sixty dollars ($5,160.00).
No more than two (2) such license(s) shall be in force at any one (1) time.
SECTION 4: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 5: If any provision of this ordinance or application thereof to
any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
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SECTION 6: The findings and recitals contained herein are declared to be
prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
SECTION 7: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
Introduced: �Y-1 k , 2017 Approved:
Adopted: �pC'� C%1 , 2017 , 2017
Attes
n
Rodney GreeCity Clerk
Eli eth B. Tisdahl, Mayor
Approved as o form:
W. Grant array, Corporation Counsel
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