HomeMy WebLinkAboutORDINANCES-2015-085-O-15Effective Date: August 8, 2015
6/25/2015
85-0-15
AN ORDINANCE
Amending Subsection 3-4-6-(J) of the City Code to Allow for Sale of
Beer 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-(J) of the Evanston City Code of 2012, as
amended, is hereby further amended to read as follows:
(J) CLASS J licenses, which shall authorize the retail sale of beer in combination
brewpub restaurants, which beer is brewed by the licensee at any of its
designated premises in a brew pub for consumption on or off the licensed
premises and the sale of alcoholic liquor excluding beer for consumption on the
premises where sold. Notwithstanding any of the foregoing, the on -premises
consumption of beer and other alcoholic liquor is permitted only in the restaurant
area.
No Class J license may be granted to, or retained by, an establishment in which
the facilities for food preparation and service are not primarily those of a
"restaurant," as defined in Section 3-4-1 of this Chapter. Establishments holding
Class J licenses must have some food service available when alcoholic liquor,
including beer brewed at any of the licensee's designated locations, is being sold.
Class J licenses authorize retail sales of beer for off -premises consumption only
in original packages to persons of at least twenty-one (21) years of age, Class J
licenses shall be issued only to premises located within the core area.
Each Class J license shall be subject to the following conditions:
1. It shall be unlawful for a Class J licensee to sell a single container of beer
for off -premises consumption unless the container is greater than or equal
to twenty-two (22) fluid ounces or .65 liters.
2. Beer purchased in original packages for consumption off the licensed
premises shall not be consumed in the restaurant. All beer sold for
consumption off the premises shall be placed in a paper or plastic bag
prior to its delivery to the purchaser.
3. During authorized hours of business, Class J licensees may offer for
onsite consumption samples of beer brewed by the licensee and permitted
to be sold pursuant to this classification. Licensees shall not provide more
85-0-15
• than three (3) free samples, each of which shall not exceed two (2) fluid
ounces, to any person in a day. Licensees may sell for onsite consumption
samples of the beer permitted to be produced and sold pursuant to this
classification, provided the total quantity of the sampling package,
regardless of the number of containers in which the beer is being served,
does not exceed sixteen (16) fluid ounces.
4. It shall be unlawful for the holder of a Class J license to offer for sale at
retail any beer in original packages for consumption off the premises
where sold before the hour of 10:00 a.m., or after the hour of 10:00 p.m.,
on Monday through Thursday; before the hour of 10:00 a.m., or after the
hour of 11:00 p.m., Friday and Saturday; and before the hour of 12:00
noon and after the hour of 10:00 p.m. on Sunday.
5. The combination brewpub restaurant must have a valid brew pub license
from the State of Illinois for the brewing of beer.
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 fee for such license shall be seven thousand five hundred dollars
($7,500.00).
• The total fee required hereunder for renewal applicants electing to make semiannual
payments, payable to the provisions of Section 3-4-7 of this Chapter, shall be seven
thousand eight hundred seventy-five dollars ($7,875.00).
No more than two (2) 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
—2—
85-0-15
0
Is
is
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: V`%, k3- , 2015
Adopted: �V�,� � t , 2015
A
Roaey Gre�Xe, City Clerk
Approved:
Vh -J '2015
Eli b th 13. Tisdahl, Mayor
Approved as to form:
W.'Grants Farrar, Corporation Counsel
-3-