HomeMy WebLinkAboutORDINANCES-2011-079-O-11Effective Date: December 13, 2011
79-0-11
AN ORDINANCE
Amending City Code Section 3-5-6-(AC) to Authorize
Limited Alcohol Consumption in Viewing Auditoriums
10/5/2011
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Subsection 3-5-6-(AC) of the Evanston City Code of 1979,
as amended, is hereby further amended to read as follows:
(AC) Class AC licenses, which shall authorize the sale, as described herein, of
alcoholic liquor, for consumption on the premises of an arts cinema, having a
minimum seating capacity of eight hundred (800) and located in the Core District,
while food service is available. Establishments holding Class AC licenses must
have some food service available and at least one (1) BASSET -certified site
manager on the premises when alcoholic liquor is being sold. Each Class AC
• license shall be subject to the following conditions:
1. Sale, Possession and Consumption: Sale of alcoholic liquor shall be
restricted to the cafe area only. Possession and consumption of alcoholic
liquor shall be permitted in the cafe area and in the viewing auditoriums
pursuant to 3-5-6-(AC)-2.
2. Restrictions on Alcohol in Auditoriums: A class AC licensee may permit
patrons to exit the cafe area while possessing or consuming alcoholic
liquor if the licensee first verifies that every such patron:
a. Is at least twenty-one (21) years of age;
b. Is wearing a wristband, issued by a BASSET -certified employee of
the licensee, that indicates the patron is at least twenty-one (21)
years of age;
C. Has in his/her possession no more than one (1) alcoholic beverage
served in an open plastic container of a different color, size and
design than those in which non-alcoholic beverages are served;
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d. Is viewing a motion picture rated PG-13 or R by the Motion Picture •
Association of America, or attending a Special Event approved by
the Local Liquor Commissioner pursuant to 3-5-6-(AC)-3.
3. Special Event: Upon approval by the Local Liquor Commissioner of a
request submitted by the licensee for a Special Event to be held at the arts
cinema, the sale and consumption of alcoholic liquor on the premises
during a Special Event shall be permitted pursuant to the terms of 3-5-6-
(AC)-2.
4. Special Event Waiver: For a Special Event, the restrictions of 3-5-6-(AC)-
3 may be waived, in writing, by the Local Liquor Commissioner if he/she
finds that alternative procedures proposed by the licensee will prevent
underage persons from being served alcoholic liquor. Such a waiver may
be granted only after a review of the licensee's written proposal of
alternate practices. The licensee shall submit any request for a waiver
and the accompanying written proposal at the same time he/she seeks the
Local Liquor Commissioner's approval for a Special Event under 3-5-6-
(AC)-3. If such a waiver is granted, it shall be effective only for the Special
Event as described in the application and shall cease to have effect at the
conclusion of said Special Event.
5. The sale of alcoholic liquor shall only take place from eleven o'clock
(11:00) a.m. to one o'clock (1:00) a.m. Sunday through Saturday and •
while the licensed premises is open for the showing of motion pictures or a
Special Event pursuant to 3-5-6-(AC)-3. Under no circumstances shall
alcoholic liquor be served more than one (1) hour prior to the advertised
showing time of the first motion picture to be screened on any day, or any
Special Event.
6. No licensee shall employ on its premises any person under the age of
twenty-one (21) years to attend bar, or to pour, draw, or mix alcoholic
liquor on said premises.
7. A licensee shall be liable for any alcohol consumption by any person
younger than twenty-one (21) years of age on the licensed premises,
regardless of whether the alcohol was purchased from the licensee.
The annual single payment fee for initial issuance or renewal of such license
shall be five thousand dollars ($5,000.00).
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 five thousand, two hundred fifty dollars ($5,250.00). •
No more than one (1) such license shall be in force at any one time.
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40 SECTION 2: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3: If any provision of this Ordinance 79-0-11 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 79-0-11 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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79-0-11
Introduced: , 2011 Approved:
Adopted. -"-I) CV-U-n ):e 9 9 , 2011 ,,bt -r -q_, 2011
Eliz eth B. Tisdahl, Mayor
Attest: Approved as to form:
Fbd Gree,'Clerk W. Grant Farrar, Corporation Counsel
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