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Home My WebLink About042-O-23 Amending City Code Sections 3-4-6 and to 7-10-3 to Allow Alcohol in Certain City Parks Pursuant to A One-Day Special Events Liquor License5/8/2023 42-O-23 AN ORDINANCE Amending City Code Sections 3-4-6 and to 7-10-3 to Allow Alcohol in Certain City Parks Pursuant to A One-Day Special Events Liquor License WHEREAS, the City of Evanston currently does not allow alcoholic beverages in City parks; and WHEREAS, there have been numerous requests from community members to hold events which would include the service and consumption of alcoholic beverages in City parks; and WHEREAS, the creation of a new Z-5 City Park Special Event One-Day liquor license allows for the consumption of alcoholic beverages in City parks pursuant to a process that helps ensure compliance with the law and safety regulations; and WHEREAS, the Evanston City Council finds that it is in the best interests of the City to amend the City Code to create a Z-5 City Park Special Event One-Day liquor license, allowing alcohol in City Parks under certain conditions. NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 3-4-6 “Classification and License Fees” of the Evanston City Code of 2012, as amended, is hereby further amended to add Subsection(Z-5) and to read as follows: 3-4-6. – CLASSIFICATION AND LICENSE FEES. (Z-5) Class Z-5 City Park Special Event One-Day liquor license, which shall authorize the sale, service, or consumption of alcoholic beverages on certain City parks ~ 1 ~ Page 1 of 6 Doc ID: ca37a437e38f566005fb40813af03350f2b28f31 42-O-23 ~2~ pursuant to a City of Evanston Special Event Permit. Such City Park Special Event One-Day liquor licenses shall be issued subject to the following conditions: a. It shall be unlawful for any person or business to sell, distribute or allow the consumption of alcoholic beverages in or upon any park in the City of Evanston without first having secured a Class Z-5 One-Day liquor license. Holders of liquor licenses who conduct events in a City park where alcohol is consumed must have a separate Class Z-5 City Park Special Event One-Day Liquor License for each event. b. Class Z-5 City Park Special Event One-Day Liquor License authorizes only the retail sale, service or consumption of alcoholic beverages on park premises specified in the application in conjunction with an event or function, including, but not limited to a picnic, meet, gathering, carnival, concert, show, movie or other named special event, that is open to the general public, with or without an admission charge, and is wholly or partially conducted out of doors on City park premises. A Class Z-5 City Park Special Event One-Day Liquor License is required in conjunction with such event or function even if the applicant possesses another class of liquor license under this section. c. Applications for a Class Z-5 City Park Special Event One-Day Liquor License shall be made in writing to the City of Evanston Parks and Recreation Department at least twenty-one (21) days prior to the event. The application must contain all required information as well as approval of the Parks and Recreation Department Director or their designee. Application For License of this article shall also state: 1) the date, hours, location, and the estimated maximum number of individuals to attend the event or function; 2) a description and the size of the area (including any indoor space) of the premises where the event or function is to occur and for which the license is being requested; 3) the name and type of media in which the event or function has been promoted or advertised and the dates of such advertisement or promotion; and 4) a detailed description of the event or function, including whether or not there is to be any unique property or valuables (e.g., antiques, artworks, jewelry, vehicles) displayed or exhibited and the average amount of cash anticipated to be on the premises at any given time due to the event or function. Applicants must additionally submit: 1) The name of applicant, address and phone number. 2) The name, telephone number and address of the person who is responsible for conducting the event, and who will be on the premises during the actual event. Such person(s) must be at least twenty-one (21) years of age. 3) a copy of a certificate of liquor liability insurance, naming the City as additional insured in the amount of one million dollars ($1,000,000.00) for the period and premises during which liquor will be sold. 4) A signed statement that: Page 2 of 6 Doc ID: ca37a437e38f566005fb40813af03350f2b28f31 42-O-23 ~3~ If I (we) am (are) granted this special liquor license, I (we) specifically recognize and agree that the Mayor may revoke this license at any time at the absolute discretion of the Mayor; and upon acceptance of this special liquor license, the holder specifically acknowledges the special privilege of obtaining this type of license and consents to all requirements, including the requirement of immediate forfeiture without reason. 5) The fee for a Class Z-5 liquor license, which shall be one hundred fifteen dollars ($115.00) for residents and three hundred forty dollars ($340.00) for nonresidents, and shall be deposited with the application. 6) Proof of BASSET training and certification by a representative/member of the sponsoring entity within the previous three (3) years who will be on-site for the duration of the event. d. The applicant shall provide security for the special event, pursuant to the City’s requirements and approval. e. The applicant may be required to provide restroom and sanitary facilities, pursuant to the City’s requirements and approval. f. The applicant shall provide food for the special event. g. No Class Z-5 City Park Special Event One-Day Liquor License shall be issued for a period in excess of one (1) day. Any request for a Class Z-5 City Park Special Event One-Day Liquor License in excess of the one (1) day license limitation shall require the submittal of a new application. h. In addition to their authority elsewhere in this Chapter to suspend or revoke any license, or impose fines or other penalties for violation of any local ordinance or State law, the Liquor Control Commissioner shall have the right, without any liability to the City of Evanston, to summarily suspend without notice or hearing any Class Z-5 City Park Special Event One-Day Liquor License, upon a determination pursuant to a sworn statement of a witness, that any of the following have occurred while alcoholic beverages are being sold, served, or consumed on the premises for which such license has been issued: 1. The total number of individuals on the property (excluding employees and contractors of the applicant and sponsor or conductor actually engaged in the conduct of the event or function) exceeds the estimated maximum number of attendees stated in the license application. 2. The consumption of alcoholic beverages sold or served at the event or function by attendees outside of the licensed premises. 3. Fighting or other physical altercations; defecation or urination in other than in sanitary facilities; and any of the acts prohibited by this Chapter. 4. Sale, service, or consumption of alcoholic beverages other than in plastic, paper or approved containers. Page 3 of 6 Doc ID: ca37a437e38f566005fb40813af03350f2b28f31 42-O-23 ~4~ 5. Noncompliance with the approved crowd control, security, and emergency plan as provided for in Subsection (d) of this Class Z-5 City Park Special Event One-Day Liquor License, or failure to provide fully functioning and maintained sanitary facilities as required by Subsection (e) of this Class Z- 5 City Park Special Event One-Day Liquor License. The Liquor Control Commissioner shall also have the power to so summarily suspend any Class Z-5 City Park Special Event One-Day Liquor License if he determines that the applicant or any conductor or sponsor of the event or function has provided false or misleading information in the application; is in violation of any Federal, State, or local law or any ordinance or resolution of the City of Evanston; or is indebted to the City of Evanston for any fee, cost, or fine. The order of summary suspension shall be immediately served upon the licensee, who may request in writing a hearing on such before the Liquor Control Commissioner, which shall be conducted as soon after the City Manager's receipt of the request as is reasonably practicable. Pursuant to such hearing, or upon his own initiative, the Liquor Control Commissioner, after determining that the acts or conditions giving rise to the summary suspension have ceased or been eliminated and are not likely to reoccur, may issue a written order rescinding the suspension. He may impose in such order any controls, restrictions, or provisions he deems appropriate to prevent the reoccurrence of such acts or conditions. i. The maximum number of Class Z-5 City Park Special Event One-Day Liquor Licenses issued in the City in any calendar year shall not exceed ten (10) excluding City of Evanston sponsored events. j. The service of alcoholic liquor shall only take place from 10:00 a.m. to 10:00 p.m. (Sunday through Saturday). k. No alcoholic beverages are permitted at and the Z-5 City Park Special Event One-Day Liquor License shall not be applicable to: Clark Street Beach, Lighthouse Beach, Lee Street Beach, South Boulevard Beach, Greenwood Street Beach, Lincoln Street Beach, and the Church Street Boat Launch. SECTION 2: Section 7-10-3 “General Regulations” of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 7-10-3. - GENERAL REGULATIONS. (A) Athletic Field Reservation System. The playground and recreation board may develop and administer an athletic field reservation system. Page 4 of 6 Doc ID: ca37a437e38f566005fb40813af03350f2b28f31 42-O-23 ~5~ (B) Practice On Tennis Backboards. Practice backboards may be used on tennis courts from eight o'clock (8:00) A.M. to nine o'clock (9:00) P.M. only. (C) Prohibitions On Tennis And Basketball Courts. No skateboards, bicycles, motorized vehicles, rollerblades/skates or scooters are permitted on tennis courts or basketball courts. (D) Tennis Rules And Regulations. Posted "tennis court rules and regulations" as adopted by the recreation board will govern use and conduct. (E) Tennis Court Activity. The playing of tennis is the only activity permitted on City tennis courts. (F) Private Instruction. Individuals providing private instruction for a fee in City parks must obtain a permit prior to the start of the instruction. City programs and the City's duly authorized agents are exempt. (G) Hours Of Play. Use of basketballs on basketball courts is permitted only between the hours of eight o'clock (8:00) A.M. to nine o'clock (9:00) P.M. (H) Park Access Road Regulation. No person shall stop, stand, park, drive upon or block a park access roadway except authorized emergency vehicles, municipally owned, or authorized vehicles. (I) Glass Containers. It shall be unlawful for a person to possess, bring, carry, scatter, dump, deposit, leave or have under his or her actual physical control a glass beverage container in or within a City park or beach. A "glass beverage container" means and includes all glass receptacles including bottles, jars, and glass tumblers containing potable liquids. (J) Alcohol Prohibited. No alcoholic beverages are permitted on park property with the exception of one day liquor service licenses for City owned buildings and City parks pursuant to Subsections 3-5-6(X) and 3-5-6(X1) 3-4-6(Z-3), 3-4-6(Z-4), and 3-4-6(Z-5) of this Code. (K) Aviation Apparatus. It shall be unlawful for a person to bring, land, or cause to ascend or descend or alight within City park property or within three hundred (300) yards of shore except when authorized any airplane, helicopter, flying machine, balloon, parachute, or other apparatus for aviation. (L) Lakefront Rock Revetment Regulation. Except for City employees or authorized contractors working for the City, no person shall climb onto, walk, run, stand or sit upon the rock revetment anywhere along the City-owned lakefront. Page 5 of 6 Doc ID: ca37a437e38f566005fb40813af03350f2b28f31 42-O-23 ~6~ SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled 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 provision or invalid application of this ordinance is severable. SECTION 5: 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 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2023 Adopted: ___________________, 2023 Approved: __________________________, 2023 _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Approved as to form: ______________________________ Nicholas E. Cummings, Corporation Counsel May 22 May 8 Page 6 of 6 Doc ID: ca37a437e38f566005fb40813af03350f2b28f31 May 24