HomeMy WebLinkAboutORDINANCES-2012-010-O-12Effective Date: February. 25, 2012 12/27/2011
10-0-12
AN ORDINANCE
Amending City Code Section 3-5-6-(S), "Classification & License Fees"
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Subsection 3-5-6-(S) of the Evanston City Code of 1979, as
amended, is hereby further amended to read as follows:
(S) CLASS S 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 S 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. It shall be unlawful for any person licensed hereunder to sell
"alcoholic liquor" at a "bar", as defined in Section 3-5-1 of this Chapter,
except to persons attending a reception or party not open to the public.
Alcoholic liquor may be sold in restaurants holding class S licenses only
during the period when their patrons are offered a complete meal. Class S
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 S license shall be subject to the following conditions:
The class S 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 S 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.
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3. It shall be unlawful for a class S licensee to sell a single container it
of wine unless the container is greater than sixteen (16) fluid
ounces or 0.473 liters.
4. It shall be unlawful for a class S 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 S licensee to sell a single container
of alcoholic liquor, except wine and beer which are regulated by
Subsections (S)3 and (S)4 of this section, unless the container is
greater than sixteen (16) fluid ounces or 0.473 liters.
6. Items purchased in the retail package area in original packages are
not to be consumed in the restaurant area.
7. It shall be unlawful for a class S licensee to consummate the sale of
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 S licensees shall sell alcoholic liquor in the restaurant area
only during the hours set forth in Section 3-5-9 of this Chapter.
9. The sale of alcoholic liquor at retail pursuant to the class S 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 S 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 3-5-7 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: This Ordinance 10-0-12 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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SECTION 3: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 4: If any provision of this Ordinance 10-0-12 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 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.
Introduced:
Adopted:
Attes
Ro r ey Gre ne, ity Clerk
•
Q , 2012 Approved:
2012 Ij
2012
Eli a eth B. Tisdahl, Mav_ or
V
Approved as to form:
W. Grant Farrar, Corporation Counsel
MCC