HomeMy WebLinkAboutORDINANCES-2017-024-O-17Effective Date: May 8, 2017
2/20/2017
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AN ORDINANCE
Amending Subsection 3-4-6-(F) of the City Code
to Decrease the Number of Class F Liquor Licenses
from Ten to Nine
(WFM-WO, Inc. d/b/a Whole Foods Market, 1111 Chicago Avenue)
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Subsection 3-4-6-(F) of the Evanston City Code of 2012, as
amended, is hereby further amended by decreasing the number of Class F liquor
licenses from ten (10) to nine (9), to read as follows:
(F) CLASS F licenses, which shall authorize the retail sale of alcoholic liquor in
grocery stores, combination stores as defined in Section 3-4-1 of this Chapter,
and wholesale clubs requiring membership in original packages to persons of at
least twenty-one (21) years of age for consumption off the premises. Class F
licenses shall also authorize the tasting of alcoholic liquor not exceeding the
limits set forth herein.
1. It shall be unlawful for a Class F licensee to sell a single container of beer
unless the volume of the container is greater than forty (40) ounces or
1.18 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 single containers of beer, including such packages
consisting of various single containers of beer chosen by the consumer.
2. It shall be unlawful for a Class F licensee to sell a single container of wine
unless the container is greater than sixteen (16) fluid ounces or 0.473
liters.
3. It shall be unlawful for a Class F licensee to sell a single container of
alcoholic liquor, except beer and wine which are regulated by Subsections
(F)1 and (F)2 of this Section, unless the container is greater than sixteen
(16) fluid ounces or 0.473 liters.
4. The sale of alcoholic liquor at retail pursuant to the Class F license may
begin after 8:00 a.m., Monday through Sunday. Alcoholic liquor shall not
be sold after the hour of 12:00 midnight on any day.
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5. No such license may be granted to an establishment that is located within
five hundred (500) feet of a licensee holding a Class F liquor license.
6. A Class F licensee shall provide a minimum of twelve thousand (12,000)
square feet of production, preparation, and display area in which products
are prepared and are for sale.
7. Class F licenses shall permit the tasting of samples of the alcoholic liquor
permitted to be sold under this classification, on the licensed premises
during authorized hours of business. No charge, cost, fee, or other
consideration of any kind shall be levied for any such tasting. Licensees
shall not provide more than three (3) free tastings, each of which shall not
exceed one (1) fluid ounce for wine, two (2) fluid ounces for beer and one -
quarter (.25) fluid ounce for distilled alcohol, to any person in a day.
Licensees must have at least one (1) BASSET -certified site manager on -
premises whenever offering alcoholic liquor for tastings. Licensees must
provide food service when offering alcoholic liquor for tastings.
The applicant for a Class F license shall pay a first year license fee of thirty-five
thousand dollars ($35,000.00). Thereafter, the annual fee for a Class F license shall be
eleven thousand five hundred dollars ($11,500.00).
No more than nine (9) such license(s) shall be in force at any one (1) time.
SECTION 2: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3: 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.
SECTION 4: 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 5: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
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Introduced:r� ` , 2017 Approved:
Adopted: r� 1 0 , 2017 � \ '2017
Elizao th B. Tisdahl, Mayor
Attest: Approved as to form:
Rodney G ene, City Clerk W. Grant Farrar, Corporation Counsel
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