HomeMy WebLinkAboutORDINANCES-2013-067-O-13Effective Date:August 15, 2013 6/5/2013
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AN ORDINANCE
Amending Subsection 3-4-6-(T) of the City Code
to Authorize Class T Licensees to Offer Samples
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Subsection 3-4-6-(T) of the Evanston City Code of 2012, as
amended, is hereby further amended to read as follows:
(T) CLASS T 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 T 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 T 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 T 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 T
licenses shall be issued only to premises located within the core area.
Each class T license shall be subject to the following conditions:
1. It shall be unlawful for a class T licensee to sell a single container of beer for off -
premises consumption unless the container is greater than or equal to forty (40)
fluid ounces or 1.18 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
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premises shall be placed in a paper or plastic bag prior to its delivery to the •
purchaser.
3. During authorized hours of business, Class T licensees may offer for on -site
consumption samples of beer brewed by the licensee and permitted to be sold
pursuant to this classification. Licensees shall not provide more than three (3)
free samples, each of which shall not exceed two fluid ounces (2 fl. oz.), to any
person in a day. Licensees may sell for on -site 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 fluid ounces (16 fl. oz.).
4. It shall be unlawful for the holder of a Class T license to offer for sale at retail any
beer in original packages for consumption off the premises where sold before the
hour of ten o'clock (10:00) a.m., or after the hour of ten o'clock (10:00) p.m., on
Monday through Thursday; before the hour of ten o'clock (10:00) a.m., or after
the hour of eleven o'clock (11:00) p.m., Friday and Saturday; and before the hour
of twelve o'clock (12:00) noon and after the hour of ten o'clock (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 annual fee for such license shall be $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
$7, 875.00.
No more than one (1) 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 .
without the invalid application or provision, and each invalid provision or invalid
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• 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: CL Oei', 2013
Adopted: , 2013
Attest:
4RodeyGreen ,City Clerk
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Approved:
2013
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Ann Rainey, Mayor Prc�Iem�J
Approved as to form:
W. GranfFarrar, Corporation Counsel
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