HomeMy WebLinkAboutORDINANCES-1999-028-O-993/3/99
3/9/99
AN ORDINANCE
Amending Title 3, Chapter 5
to Increase Fees For Certain
Alcoholic Liquor Licenses
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That section 3-5-6(A) of the Evanston City Code of 1979, as amended,
is hereby further amended by increasing the fees for the within -described license, to read
as follows:
3-5-6(A) CLASS A licenses, which shall authorize the sale of alcoholic liquors for
consumption only on the premises where sold and limited to members and
their guests which may be issued only to "clubs", as defined in this Chapter,
maintaining permanent club quarters irrespective of the size of their
membership. The applicants for the renewal only of such licenses may elect
to pay the amount required herein semi-annually. Such election shall be
made at the time of application.
The annual single -payment fee for initial
issuance of renewal of such license shall be ................................. $1,800.00
The total fee required hereunder for renewal
applicants electing to make semi-annual payments,
payable pursuant to the provisions of Section
3-5-7 of this Chapter, shall be ....................................................... $1,890.00
No more than zero such licenses shall be in force at any one time.
(Ord. 43-0-88)
SECTION 2: That section 3-5-6(B) is hereby amended to increase the fee for the
0 within described license, to read as follows:
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3-5-6(B) CLASS B licenses, which shall authorize the sale on the premises specified of
alcoholic liquor only for consumption on the premises while food is
available. Such licenses may be issued only to hotels or restaurants in the
Core Area. Establishments holding Class B licenses must have some food
service available when alcoholic liquor is being sold. The meanings of.
"hotel", "restaurant" and "Core Area" shall be as defined in Section 3-5-1 of
this Chapter. The applicant for the renewal only of such licenses may elect
to pay the amount herein semi-annually. Such election shall be made at the
time of application.
The annual single -payment fee for initial
issuance or renewal of such license shall be ................................. $4,300.00
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........................................................$4,515.00
No more than thirteen (13) such licenses shall be in force at any time.
(Ord. 11-0-98)
SECTION 3: That Section 3-5-6(C) is hereby amended to increase the fee for the .
within -described license, to read as follows:
3-5-6(C) CLASS C licenses, which shall authorize the retail sale in restaurants only of
alcoholic liquor for consumption on the premises where sold. No such
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 C licenses only during the period when their
patrons are offered a complete meal. The applicants for the renewal of such
licenses may elect to pay the amount required herein semi-annually or
annually. Such election shall be made at the time of application.
The annual single -payment fee for initial
issuance or renewal of such license shall be ............................... .$2,800.00
The total fee required hereunder for renewal
applicants electing to make semiannual payments,
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• payable pursuant to the provisions of Section
3-5-7 of this Chapter, shall be.....................................................$2,940.00
No more than seventeen (17) such licenses shall be in force at any one time.
(Ord. 66-0-98)
SECTION 4: That section 3-5-6(D) is hereby amended to increase the fee for the
within -described license, to read as follows:
3-5-6(D) CLASS D licenses, which shall duplicate Class C licenses in all regards
except that beer and/or wine only shall be served. 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. The applicants for the renewal only of such
licenses may elect to pay the amount required herein semi-annually or
annually. Such election shall be made at the time of application.
The annual single payment fee for initial
issuance or renewal of such licenses shall be ............... $1,800.00
• The total fee required hereunder for renewal
applicants electing to make semi-annual
payments, payable pursuant to the provisions
of Section 3-5-7 hereof, shall be ......................... $1,890.00
No more than twenty one (21) such licenses shall be in force at any one
time. (Ord. 67-0-98)
SECTION 5: That Section 3-5-6(E) is hereby amended to increase the fee for the
within -described license, to read as follows:
3-5-6(E) CLASS E licenses, which shall authorize the sale on the premises specified of
alcoholic liquor only for consumption upon the premises while food service
is available. Such licenses shall be issued only to premises owned, operated
and maintained by not -for -profit educational institutions within the
designated university areas. Establishments holding Class E licenses, must
have some food service available when alcoholic liquor is being sold. Sales
of alcoholic liquor by Class E licensees shall be to students, faculty, alumni,
invited guests and staff of the licensee only. The term "university area" shall
be as defined in Section 3-5-1 of this Chapter.
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The annual fee for such license shall be ....................................... $4,300.00 •
The total fee required hereunder for renewal
applicants electing to make semi-annual payments,
payable according to the provisions of Section
3-5-7 of this Chapter, shall be ....................................................... $4,515.00
No more than two (2) such licenses shall be in force at any said time.
SECTION 6: That section 3-5-6(F) is hereby amended to increase the fee for the
within -described license, to read as follows:
3-5-6(F) SPECIAL ONE DAY Licenses, which shall authorize the sale on,the premises
specified of beer and wine only in any university, business, commercial or
manufacturing district (as classified in the Zoning Ordinance of the City).
Such special one day licenses shall be issued subject to the following
conditions:
1. No more than four (4) special one day licenses shall be issued to any
sales address in any one calendar year.
2. No application shall receive more than two (2) special one day licenses
within any calendar year.
3. Only Evanston entities may receive the special one day license.
"Evanston entities" are hereby defined to include individuals residing within
the City, businesses with a permanent'address in the City, and not -for -profit
organizations located within the City.
4. The license shall authorize the consumption of beer and wine only.
5. The sale of beer and wine shall only take place from ten o'clock (10:00)
A.M. to ten thirty o'clock (10:30) P.M. (Sunday through Thursday) and from
ten o'clock (10:00) A.M. to twelve o'clock (12:00) midnight (Friday and
Saturday) provided also that food is made available during those hours.
6. The license shall be issued to and valid only for the "sales premises"
described on the application.
7. The application shall contain the following information:
a. The name of applicant, address or phone number. •
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b. The "sales premises" for which the license is applicable, a
isdescription of the approximate area of the sales premises,
whether or not it is indoors or outside, and whether the event
will be held on public or private property.
C. Whether or not the event is sponsored by a religious
organization.
d. The hours of operation of the event, the sale date, the name of
the property owner and a written statement of consent from
the property owner (if other than the applicant).
e. The person's name, phone number and address who is
responsible for conducting the event, and who will be on -the
premises during the actual event.
f. A statement that,
If I (we) am (are) granted this special liquor license, I (we)
specifically recognize and agree that the Mayor or the City
Council may revoke this license at any time at the absolute
• discretion of the Mayor and City Council; and upon
acceptance of this special liquor license, the holder specifically
acknowledges the special privilege of obtaining this type of
license and consent to all requirements, including the
requirement of immediate forfeiture without reason.
•
g. Signature of a applicant,
8. A copy of a certificate of liquor liability insurance, naming the City as
certificate holder for the period during which liquor will be sold.
9. The fee for a Class F liquor license shall be one hundred dollars ($100.00)
and shall be deposited with the application.
10. No special one day liquor license shall be required for the following:
a. Gratuitous service of alcoholic beverages on streets, alleys,
sidewalks, parkways, public parkways and within public
buildings, by -neighborhood organizations to whom a block
party permit has been issued by the City Manager. (Ord. 14-0-
82)
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b. Sale of beer and wine in business districts at licensed special
events by holders of current liquor licenses, at locations •
immediately adjacent to their regularly licensed premises.,
11. No special one day liquor licenses shall be issued in the university
districts for sales on property owned by Northwestern University without the
written consent of Northwestern University.
12. Religious organizations are exempt from the provisions of subsection (F)9
of this Section pertaining to the fee for a special one day liquor license.
13. Applications for special one day liquor licenses shall be submitted to the
Liquor Control Commissioner in accordance with the provisions of
subsection (F) of this section. The Liquor Control Commissioner shall have
the authority to grant or refuse to grant all special one day liquor licenses.
(Ord. 64-0-80)
SECTION 7: That section 3-5-6(G) is hereby amended to increase the fee for the
within -described license and to substitute "Retail Package Store Area" for B4 and B5
Zoning Districts to read as follows:
3-5-6(G) CLASS G licenses which shall authorize in the Retail Package Store Area, as •
defined in section 3-5-1 of this Chapter, the retail sale in package stores of
beer and wine in original packages to persons of at least twenty one (21)
years of age for consumption off the premises. The applicant for a Class G
license shall pay a first -year license fee of twenty thousand dollars
($20,000.00). Thereafter, the annual fee for a Class G license shall be two
thousand five hundred ($2,500.00). Each Class G license shall be subject to
the following conditions:
1. It shall be unlawful for a Class G 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.
2. It shall be unlawful for a Class G licensee to sell a single container of
wine unless the container is greater than sixteen (16) fluid ounces or 0.473
hi te rs.
3. It shall be unlawful for the holder of a Class G license to offer for sale at
retail any alcoholic liquor in original packages for consumption off the
premises where sold before the hour of ten o'clock (10:00) A.M. or after the •
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• hour of ten o'clock (10:00) P.M. Monday through Thursday; before the hour
of ten o'clock (10:00) A.M. or after the hour of eleven o'clock 01:00) P.M.
Friday and Saturday; and before the hour of twelve o'clock 0 2:00) noon or
after the hour of ten o'clock (10:00) P.M. on Sunday.
The total number of Class G and Class H licenses in force at any one time
shall not exceed two (2). Ord. 73-0-94).
SECTION 8: That section 3-5-6(H) is hereby amended to increase the fee for the
within -described license, to read as follows:
3-5-6(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 Three thousand one hundred dollars ($3100.00) .
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.
2. It shall be unlawful for a Class H 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 H licensee to sell a single container of
alcoholic liquor, except beer and wine which are regulated by supra 1 and 2,
unless the container is greater than sixteen (16) fluid ounces or 0.473 liters.
4. It shall be unlawful for the holder of a Class H license to offer for sale at
retail any alcoholic liquor 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 00:00) 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. (Ord. 68-0-
97).
5. Licensees affiliated with, and under the same roof as, a drugstore, must
• assure that all items available for sale in the package store are paid for in the
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package store. (Ord. 134-0-96). •
The total number of Class G and Class H licenses in force at any one time
shall not exceed two (2). (Ord. 68-0-97)
SECTION 9: That section 3-5-60) is hereby amended to increase the fee for the
within -described license, to read as follows:
3-5-6(J) CLASS J licenses, which shall authorize the sale of alcoholic liquors for
consumption on the premises where served and limited to invited guests at
private catered functions. Such licenses shall be issued only to businesses
defined as "caterers" under Section 6-18-3 of the Zoning Ordinance and
having a current Evanston business license. Caterers holding Class J licenses
must have food service available when alcoholic liquor is being served. The
service of alcoholic liquor shall be by employees of the licensed catering
business. Such licenses shall be issued only for the premises owned,
operated or maintained by the licensed catering business or for the location
in which the licensed catering business shall serve food and alcoholic liquor.
The service of alcoholic liquor shall only take place from ten o'clock (10:00)
A.M. to one o'clock (1:00) A.M. except that service may be made up to two
o'clock (2:00) A.M. on Saturday and Sunday mornings. The sale of alcoholic
liquor shall be deemed to occur at the address of the caterer. •
The annual single -payment fee for initial
issuance or renewal of such license shall be..................................$2,800.00
The total fee required hereunder for renewal
applicants electing to make semi-annual payments,
payable pursuant to the provisions of Section
3-5-7 of this Chapter, shall be ....................................................... $2,940.00
No more than one (1( such licenses shall be in force at any one time (Ord.
75-0-98)
SECTION 10: That section 3-5-6(K) is hereby amended to increase the fee for the
within -described license, to read as follows:
3-5-6(K) That section 3-5-6(K) is hereby amended to increase the fee for the within -
described license, to read as follows:
•
CLASS K licenses, which shall authorize the sale of beer and wine for
consumption on the premises where served, only to invited guests at private,
catered functions. Such licenses shall be issued only to businesses defined
as catering establishments under Section 6-18-3 of the Zoning Ordinance
and having a current Evanston business license. Catering establishments
holding Class K licenses must have food service available when beer and
wine are being served. The service of beer and wine shall be by employees
of the licensed catering business. Class K licensees shall serve beer or wine
only to invited guests at catered functions. Such licenses shall be issued only
for the premises owned, operated, or maintained by the licensed catering
business or for the location in which the licensed catering business shall
serve food, beer and wine. The service of beer and wine shall only take
place from ten o'clock (10:00) A.M. to one o'clock (1:00) A.M.; except, that
service may be made up to two o'clock (2:00) A.M. on Saturday and Sunday
mornings. The sale of beer and wine shall be deemed to occur at the
address of the catering establishment.
The annual single -payment fee for initial issuance
or renewal of such license shall be .............................................. $1,800.00
The total fee required hereunder for renewal
applicants electing to make semi-annual
payments, payable pursuant to the provisions
of Section 3-5-7 of this Chapter, shall be ...................................... $1,890.00
No more than zero such licenses shall be in force at any one time. (Ord.
115-0-89)
SECTION 11 That section 3-5-6(L) is hereby amended to increase the fee for the
within -described license, to read as follows:
3-5-6(L) CLASS L licenses, which shall authorize the sale of beer and wine for
consumption on the premises where served, limited to patrons of a theater
presenting live stage performances during a period limited to one hour prior
to the start of the performance and during intermission(s); provided, that
sales and consumption are restricted to lobby areas.
The annual single -payment fee for initial issuance
or renewal of such license shall be ............................................. ..$1,300.00
The total fee required hereunder for renewal
applicants electing to make semi-annual
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payments, payable pursuant to the provisions
of Section 3-5-7 of this Chapter, shall be ....................................... $1,365.00
No more than zero (0) such licenses shall be in force at any one time.
The sale of beer and wine is prohibited in theaters located in public
buildings. (Ord. 108-0-94)
SECTION 12: That section 3-5-6(M) is hereby amended to increase the fee for the
within -described license, to read as follows:
3-5-6(M) CLASS M licenses, which shall authorize the sale of alcoholic liquors for'
consumption on the premises where served, limited to patrons of a theater
presenting live stage performances during a period limited to one hour prior
to the start of the performances during a period limited to one hour prior to
the start of the performance and during intermission(s); provided, that sales
and consumption are restricted to lobby areas.
The annual single -payment fee for initial issuance
or renewal of such license shall be ............................................. $21500.00
The total fee required hereunder for renewal •
applicants electing to make semi-annual
payments, payable pursuant to the provisions
of Section 3-5-7 of this Chapter, shall be ...................................... $2,625.00
No more than zero such licenses.shall be in force at any one time.
The sale of alcoholic liquors is prohibited in theaters located in public
buildings. (Ord. 112-0-90)
SECTION 13: That section 3-5-6(N) is hereby amended to increase the fee for the
within -described license, to read as follows:
3-5-6-(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 eight thousand
eight hundred dollars ($8,800.00). No more than two (2) such licenses shall
10 .
be in force at any one time. Once license is created hereby, making a total
40 of one in force. Such Class N license shall be subject to the following
conditions:
Ll
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
1 iters.
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
1 iters.
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 "
and 2 supra, unless the container is greater than sixteen (16) fluid ounces or
0.473 liters.
4. The sale of alcoholic, liquor shall be confined to an areas which is
separated by a full enclosure or full partition with a controlled access to and
from all other retail sales activity at the grocery store or wholesale club.
5. It shall be unlawful for a Class N licensee to consummate the sale of
alcoholic liquor except solely within the area set forth in subsection 4 supra
and with a cash register designated as for the sale of alcoholic liquor and
which cash register is operated by a person of at least twenty one (21) years
of age.
6. It shall be unlawful for the holder of a Class N license to offer for sale at
the licensed premises requiring membership alcoholic liquor in original
packages for consumption off the premises where sold before the hour of
eleven o'clock (1 1:00) A.M. or after the hour of ten o'clock (10:00) P.M. on
Monday through 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.
7. A Class N licensee shall provide a minimum of sixty thousand (60,000)
square feet of production, preparation, and display area in which products
are prepared and are for sale. The sale of products other than alcoholic
liquor shall be the primary use within the area. No more than ten percent
(10%) of the area shall be utilized for the sale of alcoholic liquor.
8. No such license may be granted to an establishment that is located within
five hundred feet (500') of a licensee holding a Class N liquor license.
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SECTION 14: That section 3-5-6(0) is hereby amended to increase the fee for the
within -described license to read as follows:
3-5-6(0) CLASS O licenses, which shall authorize the retail sale of warm beer and
wine in grocery stores and combination stores and combination stores, as
defined in Section 3-5-1 of this Chapter, 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 ten thousand dollars
($10,000.00) for the first fifteen thousand (15,000) square feet of space and
five thousand dollars ($5,000.00) for each additional five thousand (5,000)
square feet, to a maximum fee of twenty thousand dollars ($20,000.00). The
annual renewal fee for renewal of a Class O license is three thousand one
hundred ($3100.00) No more than five (5) such licenses shall be in force at
any one time.
1. It shall be unlawful for a Class O licensee to sell a single container of
beer unless the volume of the container is equal to or greater than forty (40)
ounces or 1.18 liters.
2. It shall be unlawful for a Class O licensee to sell a single container of
wine unless the container is greater than or equal to sixteen (16) fluid ounces
or 0.473 liters. i
3. The sale of warm beer and wine shall be confined to an area which is
separated by a full enclosure or full partition with a controlled access to and
from all other retail sales activity at the grocery store or wholesale club.
4. It shall be unlawful for a Class O licensee to consummate the sale of
warm beer and wine except solely within the area set forth in subsection 3
supra and with a cash register designated as for the sale of warm beer and
wine and which cash register is operated by a person of at least twenty one
(21) years of age.
5. It shall be unlawful for the holder of a Class O license to offer for sale at
the licensed premises warm beer and wine in original packages for
consumption off the premises where sold before the hour of eleven o'clock
(11:00) A.M. or after the hour of ten o'clock (10:00) P.M. on Monday
through 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.
6. A Class O licensee shall provide a minimum of twelve thousand (12,000)
square feet of production, preparation, and display area in which products
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are prepared and are for sale. The sale of products other than warm beer and
• wine shall be the primary use within the area. No more than ten percent
(10%) of the area shall be utilized for the sale of warm beer and wine.
(P) CLASS P licenses, Ordinance 7-0-93 Class P Liquor Licenses not adopted.
SECTION 15: That section 3-5-6(Q) is hereby amended to increase the fee for the
within -described license, to read as follows:
3-5-6(Q) CLASS Q licenses, which shall authorize the sale in restaurants of alcoholic
liquor for consumption on the premises where sold. No such 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 Q licenses
only during the period when patrons are offered a complete meal. The sale
of alcoholic liquor shall only take place from eleven o'clock (11:00) A.M. to
ten o'clock (10:00) P.M. Monday through Saturday and from twelve o'clock
(12:00) noon to ten o'clock (10:00) P.M. on Sunday. No alcoholic liquor
may be consumed on the premises after ten thirty o'clock (10:30) P.M.
Sunday through Saturday. The applicants for the renewal of such licenses
may elect to pay the amount required herein semi-annually or annually.
Such election shall be made at the time of application.
The annual single -payment fee for initial
issuance or renewal of such licenses shall be .............................. $2,800.00
The total fee required hereunder for renewal
applicants electing to make semi-annual
payments, payable pursuant to the provisions
of Section 3-5-7 of this Chapter, shall be ...................................... $2,940.00
No more than zero (0) such licenses shall be in force at any one time.
(Ord. 107-0-92)
SECTION 16: That section 3-5-6(R) is hereby amended to increase the fee for the
within -described license, to read as follows:
• 3-5-7(R) CLASS R licenses, which shall authorize the sale in restaurants only of beer
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and/or wine only, for consumption on the premises where sold. No such •
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 hereof. It shall be unlawful for any
person licensed hereunder to sell beer and wine at a bar, as defined in
Section 3-5-1 hereof, except to persons attending a reception or party not
open to the public. Beer and wine may be sold in restaurants holding Class
R licenses only during the period when patrons are offered a complete meal.
The sale of beer and wine shall only take place from eleven o'clock (11:00)
A.M. to ten o'clock (10:00) P.M. Monday through Saturday and from twelve
o'clock (12:00) noon to ten o'clock (10:00) P.M. on Sunday. No beer or
wine may be consumed on the premises after ten thirty o'clock (10:30) P.M.
Sunday through Saturday. The applicants for the renewal of such licenses.
may elect to pay the amount required herein semi-annually or annually.
Such election shall be made at the time of application.
The annual single -payment fee for initial
issuance or renewal of such licenses shall be .............................. $1,800.00
The total fee required hereunder for renewal
applicants electing to make semi-annual
payments, payable pursuant to the provisions
of Section 3-5-7 of this Chapter, shall be ...................................... $1,890.00 •
No more than one such license shall be in force at any one time.
(Ord. 16-0-93)
SECTION 17: That Section 3-5-6(S) of the Evanston City Code of 1979, as amended
is hereby further amended to increase the fee for the within -described license, to read as
foI lows:
3-5-6-(S) Class S Licenses, which shall authorize the retail sale in combination
restaurant/package stores of alcoholic liquor in the restaurant area and wine
only 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
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• 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 wine only 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: _
1. The Class S licensee must sell alcoholic liquor in the restaurant area and
wine 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 wine 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.
3. The retail package area shall occupy no more than 10% of the total floor
space (including office, bathroom and kitchen space).
4. It shall be unlawful for a Class S licensee to sell a single container of wine
unless the contained is greater than sixteen 06) fluid ounces or 0.473 liters.
5. It shall be unlawful for a Class S licensee to sell a single container of wine
in the original package for consumption off the premises unless the
container, as originally packaged, is stoppered with a cork. The sale of such
wine in containers with twist -off tops is expressly prohibited by a Class S
licensee.
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 licensee to consummate the sale of wine in
original packages except solely within the area set forth in subsection 2 supra
and with a cash register designated as for the sale of such wine, 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.
9. It shall be unlawful for the holder of a Class S License to offer for sale at
retail any wine in original packages for consumption off the premises where
sold before the hour of ten o-clock 00:00 a.m.) or after the hour of ten
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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 or 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.
10. Every wine offered for retail sale in original packages must be offered for
sale in the restaurant area and listed on the restaurant's preprinted menu.
11. 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 one (1) Class S license shall be in force at any
one time.
SECTION 18: All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 19: This ordinance shall be in full force and effect from and after its
passage, approval, and publication in the manner provided by law.
Introduced
Adopted:
C
, 1999
, 1999
Approved: 11999
Mayor pro tem
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• ATTEST:
Cary I
Approv as to form:
I�
Corporation Counsel
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