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HomeMy WebLinkAboutORDINANCES-1971-108-O-71• As`Adopted 1/3/72 108-0-71 AN ORDINANCE Amending Chapter 4 of the Code of the City of Evanston, 1957, as amended, Relating to Alcoholic Liquor Dealers. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Chapter 4 of the Code of the City of Evanston, 1957, as amended, - is hereby amended to read as follows: "Chapter 4. Alcoholic Liquor Dealers Article I. General Provisions ss 4-101 Definition Article Il. License Required 4-201 License Required 4-202 Local Liquor Control Commissioner 4-203 Application Article III. Restriction on Licenses § 4-301 Restriction on Licenses Article IV. Term § 4-401 Term § 4-402 Classification and license fees § 4-403 Disposition of fees Article V. Miscellaneous § 4-501 Miscellaneous § 4-502 Transfer of license § 4-503 Change in personnel § 4-504 Renewal of license § 4-505 Change of location § 4-506 Peddling § 4-507 Sanitary conditions § 4-508 Employees § 4-509 Closing hours C9 0/ 11 t • 001,-' 0 - 2- § 4-510 Revocation § 4-511 Sales to Minors, Habitual Drunkards, Spend- thrifts and Mental Incompetents Article VI. Sales on Credit § 4-601 Sales on credit § 4-602 Purchase or acceptance of gifts of liquor by persons of non -age - Identification cards § 4-603 Reuse of Premises § 4-604 Penalty Article VII. Revocation or Suspension of License § 4-701 Revocation or suspension of license § 4-702 Complaint of violation Article I. General provisions "Sec. 4-101. Definition. Unless the context otherwise requires, the following terms as used in this chapter shall be construed according to the definitions given • below, Alcohol - The product of distillation of any fermented liquid, whether rectified or diluted, what- ever rgay be the origin thereof, and includes synthetic ethyl alcohol, but not including denatured alcohol or wood alcohol. Alcoholic liquor - Any alcohol, spirits, wine and beer, and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer, and capable of being consumed as a beverage by a human being. The provisions of this Ordinance shall not apply to alcohol used in the manufacture of denatured alcohol produced in accordance with Acts of Congress and regulations promulgated thereunder, nor to any liquid or solid containing one-half of one percent, or less, of alcohol by volume. Applicant - An individual, co -partnership or corporation which seeks to be licensed under the pro- visions of this ordinance. In the case of a club, applicant shall mean the officers, directors and person operating as manager, and in the case of a corporation, it.shall mean the officers, directors, all persons owning directly or beneficially more than 5% of the stock of such corporation and the person operating as manager of • the premises. 0 0 -3- Beer - A beverage obtained by the alcoholic 003 fermentation of an infusion or concoction of barley, or other grain, malt and hops in water, and includes, among other things, beer, ale, stout, lager, porter and the like. Club - A corporation organized under the laws of this State, which shall have been in operation as a club for one year prior to applying for a liquor license and which shall have been organized solely for the promotion of some common object other than the sale or consumption of alcoholic liquors, kept, used and maintained by its members through the payment of annual dues, and owning, hiring or leasing a building or space in a building, of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests. Core Area - As used in this ordinance, the term Core area shall mean the area starting at the inter- section of Chicago Ave. and Grove St., thence west on Grove St. to the north -south alley between Sherman Ave. and Chicago Ave. and south on that alley to Lake St., thence west to the Chicago and North Western Rail- way tracks, thence north to Grove St., thence west to Elmwood Ave., thence south to the east -west alley be- tween Grove St. and Lake St., thence west on that alley and a line continuing the alley to Maple Ave., thence north to the east -west alley between Grove St. and Davis St., thence west on that alley to Oak Ave., thence north to Clark St., thence east to Benson Ave., thence north to Elgin Rd., thence easterly to Orrington Ave., thence south to Church St., thence east to Chicago Ave., thence south to Grove St., the point of origin. Hotel - Every building or other structure kept, used, maintained, advertised and held out to the public to be a place where a restaurant is located and sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, per- manent or residential, in which 50 or more rooms are used for the sleeping accommodations for transients. Restaurant - Any public place kept, used, maintained, advertised and held out to the public as a place where meals are served, which offers patrons complete meals, including dinner and/or luncheon menu at which the service of alcoholic beverages is incidental and complementary to the service of such meals. Limited food • -4- service such as provided by lounges, luncheonettes, diners, coffee shops, drive-ins, etc. does not satisfy the requirements of this definition. Wine - Any alcoholic beverage obtained by the fermentation of the natural contents of fruits or vege- tables, containing sugar, including such beverages when fortified by the addition of alcohol as defined above. Article II. License Required Sec. 4-201. License Required. It shall be unlawful to sell or offer for sale in the City any alcoholic liquor without having a liquor dealer's license, or in violation of the terms of such license. Sec. 4-202. Local Liquor Control Commissioner. The Mayor of the City of Evanston shall be the Local Li-;uor Control Commissioner and shall be charged with the administration within the City of the appropriate provisions of this ordinance. The Mayor, with the consent of the City Council, shall • appoint a Liquor Control Review Board of three Evanston residents to investigate and review all applications, renewals and complaints, and to investigate the opera- tion of all licensed establishments, conduct hearings, receive evidence and sworn testimony and make recom- mendations to the Commissioner. Members of the Board shall serve for a term of three years, except that the first members shall be appointed for terms of one, two and three years, respectively. The Local Liquor Control Commissioner shall have the following powers, functions and duties with respect to licenses. (1) To grant, suspend for not more than thirty days or revoke for cause all local licenses issued to persons for premises within his juris- diction; (2) To enter or to authorize any law enforcing officer to enter at any time upon any premises licensed hereunder to determine whether any of the provisions of this ordinance or any rules or regulations adopted by him or by the State Commission have been or are being violated, and at such time to examine said premises of said licensee in connection therewith; (3) To receive complaints from any citizen within • his jurisdiction that any of the provisions of this ordi- nance, or any rules or regulations adopted pursuant .0a4 • -5- thereto, have been or are being violated and to act upon such complaints in the manner hereinafter provided; (4) To receive local license fees and pay the same forthwith to the City Collector; (5) In the event that an application is rejected by the Local Liquor Control Commissioner, the Council may overrule him if a motion to do so is made within 30 days of the -rejection. A two- thirds vote of the City Council is necessary to overrule the Commissioner. If the Commissioner is overruled, such action shall create an additional license of the class applied for, and the Commis- sioner shall issue such license to the applicant. Sec. 4-203. Application. Applications for such licenses shall be made to the Commissioner in writing, signed by the applicant, if an individual, or by a duly authorized agent thereof, if a club or corpora- tion, verified by oath or affidavit, and shall contain the following statements and information: • (1) The name, age, and address of the applicant in the case of an individual; in the case of a co -partnership, the persons entitled to share in the profits thereof; and in the case of a corpora- tion, the date of incorporation, the objects for which it was organized, a summary of its activities during the past year, and the names and addresses of the officers, directors, all persons owning di- rectly or beneficially more than 5% of the stock of such corporation and the person operating as manager of the premises; and in the case of a club, the date of its incorporation, the objects for which it was organized, a summary of its activities during the past year, the names and addresses of the officers, directors and the person operating as manager. A club must file with the local liquor control commis- sioner at the time of its application for a license under this ordinance two copies of a list of names and residences of its members, and similarly files within ten (10) days of the election of any addi- tional member, his name and address. (2) The citizenship of the applicant, the place of his birth, and if a naturalized citizen, the time and place of his naturalization. (3) The character of business of the applicant; • and in case of a corporation, the objects for which it was formed. SO Is (4) The length of time said applicant has been in 48 " business of that character, or in the case of a corporation, the date when its charter was issued. (5) The amount of goods, wares, and merchandise on hand at the time application is made. (6) The location and description of the premises or place of business which is to be operated under such license. (7) A statement whether applicant has made appli- cation for a similar or other license on premises other than described in this application, and the disposition of such application. (8) A statement that applicant is not dis- qualified to receive a license by reason of any matter or thing contained in this chapter, laws of this State, or the ordinances of the City, and a statement as to whether applicant has ever been convicted of a felony. (9) Whether a previous license by any state or subdivision thereof, or by the Federal govern- ment has been revoked, and the reasons thereof. (10) A statement that the applicant will not violate any of the laws of the State of Illinois, or of the United States, or any ordinances of the City in the conduct of his place of business. (11) Before any license shall be issued on such application, the applicant shall furnish a bond with a corporate surety, such corporate surety to be a surety company regularly authorized to act as surety and to be approved by the local liquor con- trol commissioner. Such bond shall provide against any violation by the principal, his agents or employees of any of the terms of this article or any chapter, rules and regulations now in force or which may hereafter be in force in the City af- fecting the operation of such business. The penalty of such bond shall be $2,500. In lieu of such corporate surety such applicant may furnish a bond to the City with two sureties who shall be residents of the City of Evanston, and each of whom shall be able to schedule real estate owned by him in the City of a market value of twice the penalty of such bond over and above any encum- brances, taxes, assessments, homestead rights, and liens of any haracter. Such proposed surety shall file with the local liquor control commissioner a • schedule setting forth the street address, as well as the legal description of the real estate owned by him; the names of all persons interested therein, whether or not the same is improved; if improved the nature of the improvements thereon; whether or not the same is encumbered and if encumbered the amount and nature of the encumbrance; whether or not the same is subject to homestead rights, listing any unpaid taxes except current taxes and unpaid special assessments, and any other liens, if any; the appropr6ximate estimated value of such property over and above encumbrances, and such other informa- tion as the local liquor control commissioner may request to aid him in determining the sufficiency of the bond. Such schedule shall be sworn to by the proposed surety. Article III. Restriction on Licenses Sec. 4-301. Restriction on Licenses. No such license shall be issued to: (1) A person who is not a resident of the City; (2) A person who is not of good character and reputation in the community in which he • resides; (3) A person who is not a citizen of the United States; (4) A person who has been convicted of a felony under any Federal or State law if the Com- missioner determines, after investigation, that such person has not been sufficiently rehabilitated to warrant the public trust; (5) A person who has been convicted of being the keeper of or is keeping a house of ill -fame; (6) A person who has been convicted of pandering or other crime or misdemeanor opposed to public decency and morality; (7) A person whose license under this chapter has been revoked for cause; (8) A person who at the time of application for renewal of any license issued hereunder would not be eligible for such license under a first application; (9) A co -partnership, unless all of the members of such co -partnership shall be qualified to • obtain a license; '00 7 -8 (10) A corporation, if any officer, manager or director thereof, or any stockholder or stockholders owning directly or beneficially in the aggregate more than 5% of the stock of such corporation, would not be eligible to receive a license hereunder for any reason other than citizenship and residence within the political subdivision; (11) A corporation unless it is incorporated in Illinois or unless it is a foreign corpora- tion which is qualified under the Business Corporation Act to transact business in Illinois; (12) A person whose place of business is conducted by a manager or agent unless said manager or agent possesses the same qualifications re- quired of the licensee; (13) A person who has been convicted of a violation of any Federal or State law concerning the manufacture, possession or sale of alcoholic liquor, or who shall have forfeited his bond to appear in court to answer charges for any such violation; (14) A person who does not own the premises for which a license is sought, or does not have a lease thereon for the full period for which the license is issued; (15) Any elected public official, Evanston city employee, or member of any Evanston board or commission, and no such official shall be in- terested in any way, either directly or in- directly; (16) Any applicant who fails to obtain a State liquor license shall not be able to operate in the City of Evanston; (17) A person who is not a beneficial owner of the business to be operated by the licensee; (18) A person who has been convicted of a gambling offense as prescribed b any of subsections (a) (3) through (a) (10� of Section 28-1, or as proscribed by Section 28-3 of the "Criminal Code of 1961", approved July 28, 1961, as heretofore or hereafter amended, or as proscribed by a statute replaced by any of the aforesaid statutory provisions; 008 <1 -9- (19) A person to whom a federal gaming device O©g stamp or a federal wagering stamp has been issued by the federal government for the current tax period; (20) A co -partnership to which a federal gaming device stamp or a federal wagering stamp has been issued by the federal government for the current tax period, or if any of the partners have been issued a federal gaming device stamp or federal wagering stamp by the federal government for the current tax period; (21) A corporation, if any officer, manager or director thereof, or any stockholder owning in the aggregate more than 5% of the stock of such corporation has been issued a federal gaming device stamp or a federal wagering stamp for the current tax period; (22) Any premises for which a federal gaming device stamp or a federal wagering stamp has been issued by the federal government for the current tax period. • Article IV. Term. Sec. 4-401. Term. Each such license shall terminate one year from the date of issuance. Sec. 4-402. Classification and license fees. Licenses issued hereunder shall be divided into four classes: (1) 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, and which shall be issued only to clubs, as defined in this ordinance, maintaining permanent club quarters irrespective of the size of their membership. The annual fee for such license shall be $1,000. No more than one such license shall be in force at any time. (2) Class B licenses which shall authorize the sale on the premises specified of alco- holic liquor only for consumption on the premises while food service is available. Such licenses shall be issued only to hotels or restaurants in the Core Area. Establish- ments holding Class B licenses must have some -10- • food service available when alcoholic liquor is being sold. The meaning of hotel, restau- rant and Core Area shall be as defined in this ordinance. The annual fee for such license shall be $2,500. Only one such license shall be in force at any`dne time. (3) 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 shall be granted to or retained by any establish- ment in which the facilities for food prepara- tion and service are not primarily those of a restaurant, as defined in this ordinance. Alcoholic liquor may be sold in restaurants holding Class C Licenses only during that period when their patrons are offered a complete meal. The annual fee for such license shall be $1,500. Only one such license shall be in force at any one time. (4) Class D Licenses which shall duplicate Class C Licenses in all regards except that beer and or wine only may be served. The annual fee for such license shall be $1,000. Only one such license shall be in force at any one time. Sec. 4-403. Disposition of fees. The amount of such fee as is hereinbefore provided for licenses shall be paid to the Commissioner at the time application is made either for the issuance of a license or the re- newal thereof and shall be forthwith turned over to the City Collector. In the event the license applied for is denied, such payment shall be returned to the applicant; if the license is granted, such payment shall be deposited in the General Corporate Fund or in such other funds as the City Council may by appropriate action direct. Article V. Miscellaneous. Sec. 4-501. Miscellaneous. cause to be kept a complete issued by him. The Mayor shall keep or record of all such licenses 010 Sec. 4-502. Transfer of License. A license shall be 011 purely a personal privilege, good for not to exceed one year after issuance unless sooner revoked as in this article provided, and shall not constitute prop- erty, nor shall it be subject to attachment, garnish- ment or execution, nor shall it be alienable or trans- ferable, 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, provided that executors or administrators of the estate of any deceased licensee, and the trustee of any in- solvent or bankrupt licensee, when such estate 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 bank- ruptcy until the expiration of such license but not longer than six months after the death, bankruptcy or insolvency of such licensee. Sec. 4-503. Change in Personnel. (a) Any changes in partnerships, officers, directors, persons holding directly or beneficially more than 5% of the stock or • ownership interest, or managers of establishments li- censed under this ordinance, shall be reported in writing to the liquor control commissioner within ten days of the change. All new personnel shall meet all the standards of this ordinance and must otherwise qualify to hold a liquor license. All such changes in personnel shall be subject to review by the liquor control commissioner; (b) when a license has been issued to a partnership and a change of owner- ship occurs resulting in a partnership interest by one who is not eligible to hold a liquor license, said license shall terminate; (c) when a license has been issued to a corporation and a change takes place in officers, directors, shareholders of more than 5% of the 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; (d) when a license has been issued to an individual who is no longer eligible for a license, said license shall terminate. Sec. 4-504. Renewal of License. Any licensee may renew his license at the expiration thereof, provided that he is then qualified to receive a license and the premises for which such renewal license is sought are suitable for such purpose; provided further, that • • =12- the renewal privilege herein provided for shall not be construed as a vested right which shall in any case prevent the City Council from decreasing the number of licenses to be issued within its jurisdiction. Sec. 4-505. Change of location. A liquor license shall permit the sale of alcoholic liquor only in 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 Mayor. No change of location shall be permitted unless the proposed new location is a proper one for the sale of alcoholic liquor under the laws of this State and the ordinances of the City. Sec. 4-507. Peddling. It shall be unlawful to peddle alcoholic liquor in the City. Sec. 4-507. Sanitary Conditions. All premises used for the sale of alcoholic liquor, or for the storage of such liquor for sale, shall be kept in full compliance with the ordinances regulating the condition of premises for the storage and sale of food for human consumption. Sec. 4-508. Employees. It shall be unlawful to employ in any premises used for the sale of alcoholic liquor any person who is afflicted with, or who is a carrier of, any contagious, infectious or veneral disease; and it shall be unlawful for any person who is,afflicted with or is a carrier of any such disease to work in or about any premises or to engage in any way in the hand- ling, preparation or distribution of such liquor. Sec. 4-509. Closing hours. No person licensed here- under as a seller of alcoholic liquor shall sell or permit to be sold or given away any alcoholic liquor between the hours of 1:00 a.m. and 11:00 a.m., except that sales may be made up to 2:00 a.m. on Saturday and Sunday mornings and on the morning of January 1, Mem- orial Day, Labor Day and Thanksgiving; however, no such sales shall be made between 2:00 a.m. and noon on Sunday. All patrons and customers shall leave the premises not later than ten (10) minutes following the closing hours herein established. Sec. 4-510. Revocation. The Mayor may revoke any retail liquor license for any violation of any pro- vision of this chapter, or for any violation of any State law pertaining to the sale of alcoholic liquor. 01.2 • -13- Sec. 4-511. Sales to Minors, Habitual Drunkards, Spendthrifts and Mental Incompetents. No licensee or officer, associate, member, representative, agent or employee of such licensee shall sell, give or deliver alcoholic liquor to any person under the age of twenty-one (21) years, or to any intoxicated person, or to any person known by him to be an habitual drunkard, spendthrift, insane, mentally ill, mentally deficient or in need of mental treatment. No person after purchasing or otherwise obtaining alcoholic liquor shall sell, give or deliver such I lcoholic liquor to another person under the age of twenty-one (21) years except in the performance of a religious ceremony or service. It shall be unlawful for any person under the age of twenty-one (21) years to misrepresent his or her age for the purpose of pur- chasing or obtaining alcoholic liquor in any place in the City where alcoholic liquor is sold. In every place in the City where alcoholic liquor is sold there shall be displayed at all times in a prominent place a printed card which shall be supplied by the City Clerk and which shall read substantially as follows: • 'Warning to Minors: `You are subject to a fine up to $500.00 under the ordinances of the City of Evanston, if you purchase alcoholic liquor, or misrepresent your age for the purpose of purchasing or obtaining alcoholic liquor.' It shall be unlawful for any holder of a liquor license, or his agent or employee, to suffer or permit any minor to be or remain in any room or compartment adjoining or adjacent to or situated in the room or place where such licensed premises is located; provided that this paragraph shall not apply to any minor who is accompanied by his or her parent or guardian, or to any licensed premises which derives its principal business from the sale of ser- vice or other commodities than alcoholic liquor. In addition to all other fines and penalties, the local liquor control commissioner may revoke the liquor dealer's license for any violation of the above paragraph. It shall be unlawful for any parent or guardian to per- mit any minor child of which he or she be parent or guardian to violate any provisions of this section. r: 013 0 -14- Article VI. Sales on Credit 1'4 Sec. 4-601. Sales on Credit. No person shall sell or furnish alcoholic liquor to any person on credit or on a pass book, or order on a store, 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 guests in accordance with the bylaws -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. Sec. 4-602. Purchase or acceptance of gifts of liquor by persons of non -age - Identification cards. Any person to whom the sale, gift or delivery of alcoholic liquor is prohibited because of age shall not purchase, or accept a gift of alcoholic liquor or have alcoholic - liquor in his possession. If a licensee or his agents or employees believes or has reason to believe that a sale or delivery of alcoholic liquor is prohibited because of the non -age of the prospective recipient, he shall, before making such sale or delivery, demand presentation of some form of positive identification, containing proof of age, issued by a public officer in the performance of his official duties. No person shall transfer, alter or deface such an identification card; use the identification card of another; carry or use a false or forged identification card; or obtain an identification card by means of false information. No person shall purchase, accept delivery or have possession of alcoholic liquor in violation of this section. Whoever violates any provisions of this section shall be punished by a fine of not less than twenty-five dollars ($25) nor more than five hundred dollars ($500) for each such offense. Sec. 4-603. Reuse of Premises. When any license shall have been revoked for any cause, no license shall be E • -15- granted to any person for the period of one (1) year thereafter for the conduct of business of selling p 5 alcoholic liquor in the premises described in such r revoked license. Sec. 4-601. Penalty. Except as otherwise provided herein, any person, firm or corporation violating any provisions of this ordinance shall be fined not less than five dollars ($5.00) nor more than five hundred dollars ($500) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Article VII. Revocation or Suspension of License Sec. 4-701. Revocation or suspension of license. The local liquor control commissioner may revoke or suspend any license issued by him if he determines the the licensee has violated any of the provisions of this chapter, or any applicable rules or regula- tions established by the local liquor control commis- sioner or the State Commission which is not incon- sistent with law. However, no such license shall be so revoked or suspended except after a public hearing by the local liquor control commissioner with a three day • written notice to the licensee affording the licensee an opportunity to appear and defend. If the local liquor control commissioner has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community, he may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, order the licensed premises closed for not more than seven (7) days, giving the licensee an opportunity to be heard during that period, except that if such licensee shall also be engaged in the conduct of another business or businesses on the li- censed premises, such order shall not be applicable to such other business or businesses. Appeals shall be taken to the Illinois Liquor Control Commission and the Circuit Court in the manner provided by law. Sec. 4-702. Complaint of violation. Any resident of the City shall have the right to file a complaint with the Local Liquor Control Commissioner stating that any licensee, subject to the jurisdiction of the Local Liquor Control Commissioner, has been or is violating the provisions of this chapter or the rules or regula- tions issued pursuant hereto. Such complaint shall be in writing in the form prescribed by the local commis- sion and shall be signed and sworn to by the parties complaining. The complaint shall state the particular • -16- - 016 provisions, rule or regulation believed to have been violated and the facts in detail upon which belief is based. If the Liquor Control Commissioner is satisfied that the complaint substantially charges a violation and that from the belief he shall set the matter for hearing and shall serve notice upon the licensee of the time and place of such hearing and of the particular charges in the complaint." SECTION 2: All ordinances or portions of ordinances in conflict with the terms of this ordinance 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. Introduced December 6 , 1971 Adopted January 3 1972 Approved, , 1972 Mayor \ Attest: Maurice F. Brown City Clerk Approved as to form: Jack M. Siegel Corporation Counsel