HomeMy WebLinkAboutORDINANCES-1963-014-O-63• 2 38
14-0-63
AN ORDINANCE
Amending Chapter 4 of the Evanston
City Code, 1957, Relating to Alco-
holic Liquor, Defining Liquor, Pro-
viding for the Applicability of
Restrictions and Prohibiting Certain
Practices.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON,
COOK COUNTY, ILLINOIS-
SECTION 1: Chapter 4 of the Evan-
ston City Code, 1957, as amended, is hereby amended to read as follows:
"Section 4-1. Definitions:
Unless otherwise expressly stated or the context clearly
• indicates a different intention the following terms shall,
for the purposes of this chapter, have the meanings in-
dicated in this section-,
(1) Alcohol. The word "alcohol" means the product of
distillation of any fermented liquid, whether rectified
or diluted, whatsoever may be the origin thereof, and
included synthetic ethyl alcohol. It does not include
denatured alcohol or wood alcohol.
(2) Alcoholic Liquor. The phrase "alcoholic liquor"
includes 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.
(3) Beer. The word "beer" means a beverage obtained
by alcoholic 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
beer, porter and the like.
(4) Spirits. The word "spirits" means any beverage
which contains alcohol obtained by distillation,
mixed with water or other substance in solution, and
•
includes brandy, rum, whiskey, gin or other spirituous
liquors, and such liquors when rectified, blended or
otherwise mixed with alcohol or other substances.
(5) Wine. The word "wine" means any alcoholic
beverage obtained by the fermentation of the natural
contents of fruits or vegetables, containing sugar,
including such beverages when fortified by the
addition of alcohol or spirits, as defined in this
section.
(6) Sale. The word "sale" means any transfer, ex-
change or barter in any manner, or by any means
whatsoever, including the transfer of alcoholic
liquors by and through the transfer or negotiation of
warehouse receipts or certificates, for a considera-
tion, and includes and means all sales made by any
person, whether principal, proprietor, agent, ser-
vant or employee.
(7) To Sell. the words "to sell" includes to keep
or expose for sale and to keep with intent to sell.
• Section 4-2. Applicability of Chapter; Exceptions.
The provisions of this chapter 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 per cent
or less of alcohol by volume. Nor shall the pro-
visions of this chapter apply to wine intended for use
and used by any church or religious organization for
sacramental purposes; or to flavoring extracts, con-
centrates, syrups or medicinal, mechanical, scientific,
culinary or toilet preparations of food products
unfit for beverage purposes, but the provisions of
this chapter shall not be construed to exclude or
not apply to alcoholic liquor used in the manu-
facture, preparation or compounding of such products.
Section 4-3. Prohibition.
It shall be unlawful for any person, firm, or cor-
poration to sell alcoholic liquor at retail or to
grant or issue, or cause to be granted or issued
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any license to sell alcoholic liquor at retail within
the corporate limits of the City of Evanston. No
person shall manufacture, bottle, blend, sell, barter,
transport, deliver, furnish or possess any alcoholic
liquor for beverage purposes, for retail trade or
uses in the city, except as specifically provided in
this chapter; provided, however, that nothing herein
contained shall prevent the possession and trans-
portation of alcoholic liquor for the personal use
of the owner, his family and guests, nor prevent the
making of wine, cider, or other alcoholic liquor by
a person from fruits, vegetables and grains, or the
products thereof by simple fermentation and without
distillation, if it is made solely for the use of
• the maker, his family and his guests; provided
further that nothing herein contained shall prevent
any duly licensed practicing physician or dentist
from possessing or using alcoholic liquor in the
strict practice of his profession, or any hospital
or other institution caring for sick and diseased
persons from possessing and using alcoholic liquor
for the treatment of bona fide patients of such
hospital or other institution; provided further,
• that any drugstore employing a licensed pharmacist
may possess and use alcoholic liquors in the con-
coction of prescriptions of duly licensed physicians;
and, provided further, that the possession and dis-
pensation of wine by an authorized representative of
any church for the purpose of conducting any bona
fide rite or religious ceremony conducted by such
church shall not be prohibited by this chapter.
Section 4-4. Devices to Evade Prohibited.
The giving away or delivery of any alcoholic liquor
for the purpose of evading any provisions of this
chapter, or the taking of orders, or the making of
agreements which are within the corporate limits of
the City of Evanston for the sale or delivery of any
alcoholic liquors, or other shifts or devices to
evade the provisions of this chapter, shall be held
to be an unlawful selling.
Unlawful selling shall include, but not be limited
to: (a) the exchange of alcoholic liquor for
coupons, tickets or other tokens which have been
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obtained for a valuable consideration, or may be
sold,or exchanged for a valuable consideration,
regardless of where such coupons, tickets, or
other tokens originated or where obtained; (b)
the charging or crediting of alcoholic liquor to
an established account for the dispensing of
alcoholic liquors, regardless of where such ac-
count was established or prepaid; (c) the charging
of a'service charge of any nature for providing ice,
soda water, or other incidentals to be used in
connection with the consumption of alcoholic
liquor where such service charge is in excess
of the normal retail value of such ice, soda
water, or incidentals, or where the service
charge is in any way related to the number of
drinks of alcoholic liquor consumed; (d) any
device or technique whereby any person gives,
transfers, or causes to be given or transferred,
any valuable consideration of any nature or kind
whatsoever in return for dispensing of alcoholic
f liquor to such person, or other person designated
by him."
SECTION 20 All ordinances or por-
tions 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 March 4 , 1963
ADOPTED March 11 1963
APPROVED March 11 , 1963
/s/ John D. Emery
ATTEST: Mayor
/s/ Maurice F.'Brown
City Clerk
Approved as to form-,
/s/ Jack M. Siegel
Published
March 21 1963