HomeMy WebLinkAboutORDINANCES-2014-045-O-14•
Effective Date: May 2, 2014
3/21/2014
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AN ORDINANCE
Amending City Code Section 3-5-6-(1)
to Decrease the Number of Class 1 Liquor Licenses
from One to Zero
(Ward Eight LLC, 629 Howard Street)
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Subsection 3-5-6-(1) of the Evanston City Code of 2012, as
amended, is hereby further amended by decreasing the number of Class I liquor
licenses from one (1) to zero (0), to read as follows:
(1) CLASS I licenses, which shall authorize the retail sale in combination
• restaurant/package stores of alcoholic liquor in the restaurant area and alcoholic
liquor in the package store area. Sales of alcoholic liquor in the restaurant area of
the licensed premises shall be for consumption on the premises where sold. No
class I 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. Alcoholic liquor may be sold in
restaurants holding class I licenses only during the period when their patrons are
offered a complete meal. Class I licenses authorize retail sales of alcoholic liquor in
original packages to persons of at least twenty-one (21) years of age in the retail
package store area of the licensed premises, for consumption off the premises.
Each class I license shall be subject to the following conditions:
1. The class I licensee must sell alcoholic liquor in the restaurant area and
alcoholic liquor in original packages in the package store area in accordance
with the class S license provisions and restrictions. The class I license
requires the licensee to operate both the restaurant and retail package areas.
2. The sale of alcoholic liquor in its original package shall be confined to an area
which is separated by a full enclosure or full partition with a controlled access
to and from the restaurant area. The retail package area shall be accessed
only through the restaurant.
• 3. It shall be unlawful for a class I licensee to sell a single container of wine
unless the container is greater than sixteen (16) fluid ounces or 0.473 liter.
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4. It shall be unlawful for a class I licensee to sell a single container of beer •
unless the volume of the container is greater than forty (40) ounces or 1.18
liters.
5. It shall be unlawful for a class I licensee to sell a single container of alcoholic
liquor, except wine and beer which are regulated by Subsections (1)3 and (S)4
of this Section, unless the container is greater than sixteen (16) fluid ounces or
0.473 liter.
6. Items purchased in the retail package area in original packages shall not be
consumed in the restaurant area.
7. It shall be unlawful for a class I licensee to sell alcoholic liquor in original
packages except solely within the area set forth in Subsection 2., above, and
with a cash register designated as for the sale of such alcoholic liquor, which
cash register is operated by a person of at least twenty-one (21) years of age.
8. Class I licensees shall sell alcoholic liquor in the restaurant area only during
the hours set forth in Section 3-4-9 of this Chapter.
9. The sale of alcoholic liquor at retail pursuant to the class I license may begin
after eight o'clock (8:00) a.m., Monday through Sunday. Alcoholic liquor shall •
not be sold after the hour of twelve midnight on any day.
10. Class I license fees are as follows:
The annual single -payment fee for initial issuance or renewal of such license shall
be $7,500.00.
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 $7,875.00.
No more than zero (0) such licenses 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 •
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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:
%.
12014
Adopted:
rk
2�
, 2014
Attest:
Ro�ey Gre e, City Clerk
Approved: (�
,2014
Eli&th B. Tisdahl, Mayor
Approved as to form:
W. GrA Farrar, Corporation Counsel
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