HomeMy WebLinkAboutORDINANCES-2012-102-O-12Effective Date: November 11, 2012 9/6/2012
102-0-12
AN ORDINANCE
Amending City Code Subsection 3-5-6-(0) to Decrease the Number of
Class O Liquor Licenses from Three to Two
(Whole Foods Market Group, Inc., d/b/a
Whole Foods Market, 1111 Chicago Ave)
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Section 3-5-6-(0) of the Evanston City Code of 1979, as
amended ("City Code"), is hereby further amended by decreasing the number of
Class O liquor licenses from three (3) to two (2), 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.
102-0-12
4. A Class O licensee shall provide a minimum of twelve thousand (12,000) is
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 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hereby repealed.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 be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
Introduced: i" Y x-rX , 2012 Approved:
Adopted: Q,&e abR--r 9 , 2012 J-()t)_Q_ ( , 2012
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Eliza6ith B. Tisdahl, Mayor
Attest: Approved as to form:
Rbdney reene, City Clerk W. Grant Farrar, Corporation Counsel •
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