HomeMy WebLinkAboutORDINANCES-2012-009-O-12a
4W Effective Date: February 25, 2012 1/11/12
12/14/2011
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AN ORDINANCE
Amending City Code Sections 3-5-6-(H), 3-5-6-(N) and 3-5-6-(0) to
Clarify the Prohibition on Sales of Single Containers of Beer
Less than 40 Ounces in Volume
WHEREAS, Title 3, Chapter 5, Section 6 of the Evanston City Code of
1979, as amended ("City Code"), contains liquor license classifications and fees, and
includes regulations pertaining to the sale of liquor by licensees; and
WHEREAS, pursuant to City Code Section 3-5-2, the Mayor of the City
of Evanston, as the Local Liquor Control Commissioner ("Commissioner"), is charged
• with administration of the City's Liquor Control Regulations contained in City Code
Title 3, Chapter 5; and
WHEREAS, pursuant to 3-5-6-(H)-1 of the City Code, "It shall be
unaa-wfua-for a-Class-l-lAcensee-to-sell-a-single-container-of-beer-un-less-#he-volume-of
the container is equal to or greater than forty (40) fluid ounces or 1.18 liters;" and
WHEREAS, pursuant to 3-5-6-(N)-1 of the City Code, "It shall be
unlawful for a Class N licensee to sell a single container of beer unless the volume of
the container is greater than forty (40) ounces or 1.18 liters;" and
WHEREAS, pursuant to 3-5-6-(0)-1 of the City Code, "It shall be
unlawful for a Class O licensee to sell a single container of beer unless the volume of
the container is greater than forty (40) ounces or 1.18 liters;" and
WHEREAS, the Liquor Control Review Board (the "Board") convened a
meeting, pursuant to notice, on November 28, 2011 at the Evanston Civic Center; and
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WHEREAS, at the November 28, 2011 meeting, certain licensees sought 1%
clarification from the Board and Commissioner regarding the licensees' ability to sell at
retail re -packaged single bottles of beer; and
WHEREAS, pursuant to a review of the licensees' inquiry and
consideration of Title 3, Chapter 5, Section 6, during the aforementioned November
28, 2011 meeting, the Commissioner and the Board determined that City Code
Subsections 3-5-6(H)-1, 3-5-6-(N)-1 and 3-5-6-(0)-1 are intended to prevent the sale
of single containers of alcoholic liquor, including those that have been re -packaged at
retail in any fashion different than packaged by the producer of the alcoholic liquor,
with the exception for certain allowances outlined in 3-5-6-(H), 3-5-6-(N) and 3-5-6-(0)
regarding the sale of wine or non -beer liquor in individual bottles of specific volumes,
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 0
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Section 3-5-6-(H) of the City Code is hereby further
amended to read as follows:
(H) CLASS H licenses, which shall authorize in the retail package store area the retail
sale in package stores of alcoholic liquor in original packages to persons of at least
twenty-one (21) years of age for consumption off the premises. The applicant for a class
H license shall pay a first year license fee of twenty-five thousand dollars ($25,000.00).
Thereafter, the annual fee for a class H license shall be four thousand one hundred
dollars ($4,100.00). Each class H license shall be subject to the following conditions:
1. It shall be unlawful for a class H licensee to sell a single container of beer
unless the volume of the container is equal to or greater than forty (40) fluid ounces
or 1.18 liters. It shall be unlawful for a licensee to bundle, tape, package, or
otherwise manipulate single containers of beer for sale as a set. Any such
manipulation of packaging shall be a violation of this subsection. Nothing in this
subsection shall be construed as prohibiting the sale of packages containing six
single containers of beer, including such packages consisting of various single
containers of beer chosen by the consumer.
2. It shall be unlawful for a class H licensee to sell a single container of wine
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Or- unless the container is greater than sixteen 16 fluid ounces or 0.473 liter.
9 ( )
3. It shall be unlawful for a class H licensee to sell a single container of alcoholic
liquor, except beer and wine which are regulated by Subsections (H)1. and (H)2. of
this Section, unless the container is greater than sixteen (16) fluid ounces or 0.473
liter.
4. The sale of alcoholic liquor at retail pursuant to the class H license may begin
after 8:00 a.m., Monday through Sunday. Alcoholic liquor shall not be sold after the
hour of 12:00 midnight on any day.
The total number of class H licenses in force at any one (1) time shall not exceed two
(2)
SECTION 2: Section 3-5-6-(N) of the City Code is hereby further
amended to read as follows:
(N) CLASS N licenses, which shall authorize the retail sale of alcoholic liquor in grocery
stores, combination stores as defined in Section 3-5-1 of this Chapter, and wholesale
clubs requiring membership in original packages to persons of at least twenty-one (21)
years of age for consumption off the premises. The applicant for such license shall pay
an initial fee of thirty-five thousand dollars ($35,000.00) and thereafter an annual fee of
eleven thousand five hundred dollars ($11,500.00).
1. It shall be unlawful for a class N licensee to sell a single container of beer
unless the volume of the container is greater than forty (40) ounces or 1.18 liters. It
shall be unlawful for a licensee to bundle, tape, package, or otherwise manipulate
single containers of beer for sale as a set. Any such manipulation of packaging
shall be a violation of this subsection. Nothing in this subsection shall be construed
as prohibiting the sale of packages containing six single containers of beer,
including such packages consisting of various single containers of beer chosen by
the consumer.
2. It shall be unlawful for a class N licensee to sell a single container of wine
unless the container is greater than sixteen (16) fluid ounces or 0.473 liters.
3. It shall be unlawful for a class N licensee to sell a single container of alcoholic
liquor, except beer and wine which are regulated by Subsections (N)1. and (N)2. of
this section, unless the container is greater than sixteen (16) fluid ounces or 0.473
liters.
4. The sate of alcoholic liquor at retail pursuant to the class N license may begin
after 8:00 a.m., Monday through Sunday. Alcoholic liquor shall not be sold after the
hour of 12:00 midnight on any day.
5. No such license may be granted to an establishment that is located within five
hundred (500) feet of a licensee holding a class N liquor license.
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6. A class N licensee shall provide a minimum of twelve thousand (12,000)
square feet of production, preparation, and display area in which products are
prepared and are for sale.
The total number of class N licenses in effect at any one time shall not exceed six (6).
SECTION 3: Section 3-5-6-(0) of the City Code is hereby further
amended to read as follows:
(0) CLASS O licenses, which shall authorize the retail sale of beer and wine in grocery
stores and combination stores as defined in Section 3-5-1 of this Chapter, and in
original packages to persons of at least twenty-one (21) years of age for consumption
off the premises. The applicant for such license shall pay an initial fee of twenty
thousand dollars ($20,000.00) and thereafter an annual fee of four thousand one
hundred dollars ($4,100.00).
1. It shall be unlawful for a class O licensee to sell a single container of beer
unless the volume of the container is greater than forty (40) ounces or 1.18 liters. It
shall be unlawful for a licensee to bundle, tape, package, or otherwise manipulate
single containers of beer for sale as a set. Any such manipulation of packaging
shall be a violation of this subsection. Nothing in this subsection shall be construed
as prohibiting the sale of packages containing six single containers of beer,
including such packages consisting of various single containers of beer chosen by
the consumer.
2. It shall be unlawful for a class O licensee to sell a single container of wine
unless the container is greater than sixteen (16) fluid ounces or 0.473 liters.
3. The sale of alcoholic liquor at retail pursuant to the class O license may begin
after 8:00 a.m., Monday through Sunday. Alcoholic liquor shall not be sold after the
hour of 12:00 midnight on any day.
4. A class O licensee shall provide a minimum of twelve thousand (12,000)
square feet of production, preparation, and display area in which products are
prepared and are for sale.
The total number of class O licenses in effect at any one (1) time shall not exceed two
(2).
SECTION 4: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 5: If any provision of this Ordinance 9-0-12 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
M,M
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Ofgiven effect without the invalid application or provision, and each invalid application of
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this Ordinance is severable.
SECTION 6: 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 7: This Ordinance 9-0-12 shall be in full force and effect from
and after its passage, approval, and publication in the manner provided by law.
Introduced: UL(j)'l i O , 2012
Adopted: YAIUL"
o� , 2012
Attest:
67
Ro0ey Green , City Clerk
Approved:
of , 2012
Eli eth B. Tisdahl, Mayor
Approved as to form:
1VGrant Farrar, Corporation Counsel
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