HomeMy WebLinkAboutORDINANCES-1998-109-O-9811 /17/98
• 11 /25/98
109-0-98
AN ORDINANCE
Amending Title 3, Chapter 5 of the
City Code to Provide for a New Class of
Alcoholic Liquor License, the Class S License
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Section 3-5-1 of the Evanston City Code of 1979, as
amended, be and it hereby is further amended, by adding the following definition in
appropriate alphabetical order, to read as follows:
• 3-5-1 COMBINATION RESTAURANT/PACKAGE STORE: An entity
under single ownership and management, containing a restaurant
which sells alcoholic liquor and a package store which sells wine
only in original packages for consumption off the premises,
operated as a single unit under one roof in the retail package store
area.
SECTION 2: That the lead-in sentence of Section 3-5-6 is revised, with no other
changes in Section 3-5-6 except as provided below in Section 3 of this Ordinance
109-0-98, to read as follows:
3-5-6 CLASSIFICATION AND LICENSE FEES. Licenses issued
hereunder shall be divided into the classes provided for in this
Section 3-5-6.
SECTION 3: That Section 3-5-6 is amended by adding a new subsection (S) to
read as follows:
• 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
109-0-98
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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
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 container is greater than or equal to 750 ml.
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.
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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 (10:00 a.m.) or after the hour of ten
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.
0 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 ................... $7,865.00
No more than zero (0) Class S licenses shall be in force at any
one time.
SECTION 4: That all ordinances or parts of ordinances in conflict herewith are
hereby repealed.
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SECTION 5: That this ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
Introduced:M&-,'�33,1998
Adopted: ( 7 , 1998
ATTEST:
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