HomeMy WebLinkAboutORDINANCES-2014-076-O-14• Effective Date: July 26, 2014 6/17/2014
5/28/2014
LJ
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AN ORDINANCE
Amending City Code Section 3-5-6-(D)
to Increase the Number of Class D Liquor Licenses
from Fifty to Fifty -One
(DMK Burger Bar & Fish Bar, 815 Noyes Street)
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Subsection 3-5-6-(D) of the Evanston City Code of 2012, as
amended, is hereby further amended by increasing the number of Class D liquor
licenses from fifty (50) to fifty-one (51) to read as follows-
(D) CLASS D licenses, which shall authorize the retail sale in restaurants only of
alcoholic liquor for consumption on the premises where sold. No such 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 3-5-1 of this Chapter. Alcoholic liquor may be sold in restaurants holding
class D licenses only during the period when their patrons are offered a complete
meal. The applicants for the renewal of such licenses may elect to pay the amount
required herein 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 $2,800.00.
The total fee required hereunder for renewal applicants electing to make
semiannual payments, payable pursuant to the provisions of Section 3-5-7 of this
Chapter, shall be $2,940.00.
No more than fifty-one (51) such licenses shall be in force at any one (1) time.
SECTION 2: Pursuant to the findings and the discussion set forth in the
legislative Record concerning this Ordinance, the licensee shall be authorized to offer for
retail sale at the licensed premises beer and wine only. The restriction on the type of
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alcoholic beverages offered for retail sale at the premises licensed by this Ordinance shall •
not apply to any other holder of a Class D liquor license.
Upon good cause shown, the licensee may petition the Local Liquor Control
Commissioner to amend the terms of this Section 2 to permit the retail sale of
spirits/alcoholic liquor at the licensed premises. Any such petition may only -be filed with
the Local Liquor Control Commissioner (6) six months after the effective date of this
Ordinance. Nothing in this Ordinance shall be construed or held to create a vested right
in the retail sale of spirits/alcoholic liquor at the licensed premises.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 4: 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 5: 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 6: 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:2014 Approved:
Adopted: L , 2014 —A , 2014
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Eli'a eth B. Tisdahl, Mayor
Attest: Approved as to form:
R,94ney Gene, City Clerk W. Gr nt Farrar, Corporation Counsel
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