HomeMy WebLinkAboutORDINANCES-2013-108-O-13Effective Date: January 1, 2014 9/23/2013
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108-0-13
AN ORDINANCE
Enacting a New City Code Subsection 3-4-6-(M)
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Section 3-4-6 of the Evanston City Code of 2012, `as
amended ("City Code"), is hereby further amended by the enactment of a new
Subsection M thereof, to read as follows:
(M) CLASS M licenses, which shall authorize the off premises sale, packaging of
orders and delivery of original, factory sealed packages of wine for consumption.
The applicant for such license shall pay an initial fee of five thousand dollars
($5,000.00) and thereafter an annual fee of five thousand one hundred sixty
• dollars ($5,160.00).
1. A licensee under this Class M may deliver wine that is sold to retail
customers in this state. All deliveries must be made only to a person
which is at least 21 years of age. The deliveries must be made for
personal use and not for resale purposes. A licensee may sell and deliver
wine to a retail customer in the licensee's licensed premises.
2. It shall be unlawful for a Class M licensee to sell or deliver wine from a
premises that is mobile. It shall be unlawful for a class M licensee to sell
a single container of wine unless the container is greater than or equal to
sixteen (16) fluid ounces or four hundred seventy-three thousandths liter
(0.4731).
3. The sale of wine at retail pursuant to the Class M license may begin after
8:00 a.m., Monday through Sunday. Wine shall not be sold after the
hour of 12:00 midnight on any day.
4. Any deliveries of wine to a retail customer by the licensee or a carrier
used by the licensee shall only be made after verifying by inspecting
government issued photo identification that the recipient is at least 21
• years of age, obtaining the signature of the recipient of the wine upon
delivery, and determining that the recipient is not visibly intoxicated at the
108-0-13
time of delivery. If a licensee uses a carrier service for delivery, that
licensee shall be liable for any violation of this subsection.
The total number of Class M licenses in effect at any one (1) time shall not
exceed zero (0).
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hereby repealed.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 held 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 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 take effect January 1, 2014.
Introduced:_Vk1(nh)-f I� , 2013 Approved:
Adopted: h hu � `� , 2013 2013
Attest:
7�
RcdK(d ney Gre e, Ci erk
Elieth B. Tisdahl, Mayor
Approved as to form:
W. Grant Farrar, Corporation Counsel
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