HomeMy WebLinkAboutORDINANCES-1985-074-O-857/2/85
7/15/85
• 7/16/85,,
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AN ORDINANCE
Amending Sections 3-5-8(C) and 3-5-8(D)
• Pertaining to Liquor Licenses
I
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Section 3-5-8 of the City Code of
the City of Evanston, 1979, as amended,
be and is hereby further amended to read as follows:
3-5-8: LICENSE CONDITIONS:
(A) Transfer of License: A license shall be purely a
i personal privilege, good for not to exceed one year
after issuance unless sooner revoked as in this
Ii Chapter provided, and shall not constitute property,
nor shall it be'subject to attachment, garnishment or
execution, nor shall it be alienable or transferable,
voluntarily or involuntarily, or subject to being
+ encumbered or hypothecated. Such license shall cease
upon the death of the licensee and shall not descend
by the laws of testate or intestate devolution,
i provided that executors or administrators of the
estate of any deceased licensee, and the trustee of
any insolvent or bankrupt licensee, when such estate
• f; consists in part of alcoholic liquor under the order
of the appropriate court, may exercise the privileges
of the deceased or insolvent'or bankrupt licensee
after the death of such decedent, or such insolvency
or bankruptcy, until the expiration of such license
but not longer than six (6) months after the death,
bankruptcy or insolvency of such licensee.
(B) Change in Personnel:
1. Any changes in partnerships, officers, directors,
persons holding directly or beneficially more than
five percent (50) of the stock or ownership interest,
or managers of establishments licensed under this i
Chapter, shall be reported in writing to the Liquor,
Control Commissioner within ten (10) days o.f the
change. All new personnel shall meet all the
standards of this Chapter and must otherwise qualify !
to hold a liquor license. All such changes in
personnel shall be subject to review by the Liquor
Control Commissioner.
2. When a license has been issued to a partnership
and a change of ownership occurs resulting in a
partnership interest by one who is not eligible to i
hold a liquor license, said license shall terminate.
• j 3. When a license has been issued to a corporation
and a change takes place in officers, directors,
shareholders of more than five percent (50) of the f
stock, or managers resulting in the holding of office
or such shares of stock by one who is not eligible
for a license, said license shall terminate.
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4. When a license has been issued to an individual '
whc is no longer eligible for a license, said license
shall terminate.
5. When a licensee ceases to operate and closes its
business premises, said license shall terminate.
• (C) Termination or transfer of license:
1. When a license terminates as set forth in
Sections 3-5-8(A) and 3-5-8(B), the maximum number of
licenses in force for the respective license
classification pursuant to Section 3-5-6 shall be
reduced by one for each license so terminated.
2. A transfer of license or a change in personnel as
set forth in 3-5-8(A) and 3-5-8(B) shall be reported
in writing to the Liquor Control Commissioner within j
ten (10) days of the transfer or change.
(D) Change of Location: A liquor license shall permit the
sale of alcoholic liquor only on the premises
described in the application and license. Such
location may be changed only upon a written
permission -to make such change issued by the Liquor
Control Commissioner. No change of location shall be
permitted unless the proposed new location is a
proper one for the sale cf alcoholic liquor under the
laws of this State and the ordinances of the City.
(E) Peddling: It shall be unlawful to peddle alcoholic
liquor in the City.
(F) Sales on Credit: No person shall sell or furnish
alcoholic liquor at retail to any person on credit or
• on a pass book, or in exchange for any goods, wares
or merchandise, or in payment for any services
rendered; and if any person shall extend credit for
such purpose the debt thereby attempted to be created
shall not be recoverable at law; provided that
nothing herein contained shall be construed to
prevent any club from permitting checks or statements
for alcoholic liquor to be signed by members or bona
fide guests of members and charged to the account of
such members or quests in accordance with the by-laws
of said club; and provided further that nothing
herein contained shall be construed to prevent any
hotel from permitting checks or statements for liquor
to be signed by regular guests residing at said hotel
and charged to the accounts of said guests; and
provided further that nothing herein shall be
construed to prevent payment by credit card or other
credit device for the purchase of liquor in the
original package or container for consumption off the
premises.
(G) Class C and Class D License Holders, Restrictions:
Sale of alcoholic liquor on the licensed premises of
Class C and Class D licensees shall be permitted only
to those persons intending to purchase a meal for
consumption on the premises. The holder of a Class C
or Class D license shall not sell or give away
• alcoholic liquor to any person unless he has
reasonable grounds to believe that the recipient of
such alcoholic liquor intends to consume a meal on
the premises.
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SECTION 2: All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 3: This ordinance shall be in full force
and effect from and after its passage,
approval, and publication in the manner provided by law. j
Introduced:.
U
Adopted:
ATTEST•,
City Clerk
Ap�veddo fo�m:y
Corporation Counsel
•
•
1985.
1985.
Appro d : �. G 1985
UMayor
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