HomeMy WebLinkAboutORDINANCES-2016-052-O-16Effective Date: July 2, 2016
5/2/2016
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UTZ C•7� �11 T1 [«3�
Amending Subsection 3-4-6(P-3) of the City Code to Allow for Sale of
Wine in Twenty -Two (22) Ounce Containers for Off -Site Consumption
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Subsection 3-4-6(P-3) of the Evanston City Code of 2012,
as amended, is hereby further amended by allowing the sale of wine in twenty-two (22)
ounce containers for off -site consumption, to read as follows:
(P-3) CRAFT WINERY license shall authorize the on -site production and storage of
wine in quantities not to exceed fifty thousand (50,000) gallons per year and the
sale of such wine for consumption off -premises and on -premises. It also
authorizes on -site sampling consumption of such wine by persons of at least
twenty-one (21) years of age. Such craft winery licenses shall be issued subject
to the following conditions:
1. It shall be unlawful for a Class P-3 licensee to sell a container of wine for
off -premises consumption unless the volume of the container is equal to or
greater than twenty-two (22) ounces or .65 liters.
2. Class P-3 licensees may during authorized hours of business, offer for on -
site consumption samples of wine, or wine for retail sale, the wine
permitted to be produced and sold pursuant to this classification.
Licensees who offer servings of wine for retail sale shall provide expanded
food service which includes such items as sandwiches, flatbreads,
empanadas, hot dogs, salads, or other similar a la carte items to
customers who are purchasing a wine serving(s). Licensees may arrange
for the presence and operation of a mobile food vehicle on or adjacent to
the licensed premises during authorized hours of business to serve food to
customers. Only mobile food vehicle vendors licensed pursuant to Title 8,
Chapter 23 of the City Code shall be allowed to be present and operate.
Licensees required to provide expanded food service shall comply with all
applicable requirements of Title 8, Chapter 6 of the City Code.
3. Class P-3 licensees must have at least one (1) BASSET -certified site
manager on -premises whenever wine is available for on -site consumption.
All persons who sell, open, pour, dispense or serve wine shall be BASSET
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certified. Class P-3 licensees must provide food service whenever wine is
available for on -site consumption, in accordance with the specifications
applicable to retail sale for on -site consumption. The licensee is strictly
liable for complying with all provisions regarding food service. Wine for
product sampling or retail sale for on -site consumption shall be dispensed
only in containers provided by the licensee.
During authorized hours of business, Class P-3 licensees may offer for on -
site consumption samples of wine permitted to be produced and sold
pursuant to this classification. Licensees shall not provide more than
three (3) free samples, each of which shall not exceed one (1) fluid ounce,
to any person in a day. Wine servings for consumption on premises shall
be dispensed in containers no larger than 500 milliliters. Wine sold within
the licensed premises for consumption on the premises shall not be
removed from the licensed premises. No alcoholic liquor shall be brought
onto the licensed premises or consumed on the licensed premises other
than wine sold at retail or offered for sampling.
4. It shall be unlawful for the holder of a Class P-3 license to provide a
sample of or sell any wine between the hours of 12:00 a.m. and 10:00
a.m. on any Monday, Tuesday, Wednesday, Thursday or Friday; between
the hours of 1:00 a.m. and 10:00 a.m. on any Saturday; and between the
hours of 1:00 a.m. and 12:00 p.m. on any Sunday.
5. Every Class P-3 licensee must have a valid First Class Wine Maker's
License from the State of Illinois. Every licensee shall maintain accurate
records as to the total gallonage of wine manufactured on the premises
and the total gallonage of wine manufactured on the premises and sold for
consumption off-premiises. Licensee shall produce said records to the
City upon request.
6. Every employee of a Class P-3 licensee who participates in the production
and sale of wine, pursuant to this license class, must be BASSET -
certified.
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
$4,000.00.
The total fee required hereunder for renewal applicants electing to make semiannual
payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall
be $4,200.00.
No more than zero (0) such license(s) shall be in force at any one (1) time.
SECTION 2: All ordinances or parts of ordinances in conflict herewith are
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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.
Introduced: , 2015 Approved:
Adopted: Jv►'�, \a , 2015 lUlne-, a P , 2015
Attest:
Eli eth B. Tisdahl, Mayor
Approved as to form:
Rodney Gree , City Clerk W. Grant Farrar, Corporation Counsel
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