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Home My WebLink About063-O-23 Amending City Code Sections 3-4-6(P-2) to Allow the Service of Wine and Alcoholic Liquor at Craft Breweries7/10/2023 63-O-23 AN ORDINANCE Amending City Code Sections 3-4-6(P-2) to Allow the Service of Wine and Alcoholic Liquor at Craft Breweries WHEREAS, the City of Evanston Class P-2 Craft Brewery liquor license allows for the service of craft beer but does not allow for the service of wine or alcoholic beverages; and WHEREAS, there has been community feedback indicating that allowing the service of wine and alcoholic liquor at craft breweries would benefit both craft breweries and members of the public who want to visit one of the City’s craft breweries but do not want to consume craft beer; and WHEREAS, the Evanston City Council finds that it is in the best interests of the City to amend the City Code to allow Craft Breweries to serve limited amounts of wine and alcoholic liquor on their premises. NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Table 1 of Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended as follows: P-2 Craft Brewery Beer Liquor Beer $4,000 $4,000 2 None 10 a.m. — 12 p.m. a.m. (Mon- Thu); 10 a.m. — 1 a.m. (Fri-Sat); 12 p.m. — 12 ~1~ Page 1 of 4 Doc ID: 0c4cc02b299bbc7fd26ad4f1a4f372768a8f7824 63-O-23 ~2~ a.m.(Sun) SECTION 2: Section 3-4-6 “Classification and License Fees” of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 3-4-6. – CLASSIFICATION AND LICENSE FEES. (P-2) CLASS P-2 CRAFT BREWERY license shall authorize the on-site production and storage of craft beer in quantities not to exceed nine hundred thirty thousand (930,000) gallons (or thirty thousand (30,000) barrels) per year and the sale of such beer for consumption off-premises. It also authorizes on-site sampling and retail sale for consumption of such beer by persons of at least twenty-one (21) years of age. It also authorizes the limited sale of wine and alcoholic liquor for consumption only on the premises where sold. Such craft brewery licenses shall be issued subject to the following conditions: 1. It shall be unlawful for a Class P-2 licensee to sell a container of beer for off- premises consumption unless the volume of the container is equal to or greater than twenty-two (22) ounces or .65 liters. 2. Class P-2 licensees may during authorized hours of business offer for onsite consumption samples of beer, or beer for retail sale, the beer permitted to be produced and sold pursuant to this classification. Additionally, Class P-2 licensees may dedicate a total of two (2) draft taps to either draft wine and/or draft craft cocktails. Licensees who offer servings of beer for retail sale shall provide expanded food service which includes such items as sandwiches, flatbreads, empanadas, hot dogs, salads, or other similar a la carte items to customers who are purchasing a craft beer serving(s). Licensees may arrange for the presence and operation of a mobile food vehicle on or adjacent to the licensed premises during authorized hours of business to serve food to customers. Only mobile food vehicle vendors licensed pursuant to Title 8, Chapter 23 of the City Code shall be allowed to be present and operate. Licensees required to provide expanded food service shall comply with all applicable requirements of Title 8, Chapter 6 of the City Code. 3. Class P-2 licensees must have at least one (1) BASSET-certified site manager on- premises whenever beer is available for on-site consumption. All persons who sell, open, pour, dispense or serve craft beer shall be BASSETT certified. Class P-2 licensees must provide food service whenever beer is available for on-site consumption, in accordance with the specifications applicable to retail sale for on-site Page 2 of 4 Doc ID: 0c4cc02b299bbc7fd26ad4f1a4f372768a8f7824 63-O-23 ~3~ consumption. The licensee is strictly liable for complying with all provisions regarding food service. Craft beer for product sampling or retail sale for on-site consumption shall be sold and dispensed only in containers provided by the licensee. Craft beer servings for consumption on premises shall be dispensed in containers no larger than sixteen (16) ounces. Craft beer sold within the licensed premises for consumption on the premises shall not be removed from the licensed premises. No alcoholic liquor shall be brought onto the licensed premises or consumed on the licensed premises other than the craft beer sold at retail or offered for sampling. 4. It shall be unlawful for the holder of a Class P-2 license to provide a sample of or sell any beer between the hours of 12:00 a.m. and 10:00 a.m. on any Monday, Tuesday, Wednesday, Thursday or Friday; between the hours of 1:00 a.m. and 10:00 a.m. on any Saturday; and between the hours of 1:00 a.m. and 12:00 p.m. on any Sunday. 5. Every Class P-2 licensee must have a valid Class 3 brewer's license from the State of Illinois. Every licensee shall maintain accurate records as to the total gallonage of beer manufactured on the premises and the total gallonage of beer manufactured on the premises and sold for consumption off-premises. Licensee shall produce said records to the City upon request. 6. Every employee of a Class P-2 licensee who participates in the production and sale of beer, pursuant to this license class, must be BASSET-certified. The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be four thousand dollars ($4,000.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be four thousand ninety dollars ($4,090.00). No more than two (2) such license(s) shall be in force at any one (1) time. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: 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 Page 3 of 4 Doc ID: 0c4cc02b299bbc7fd26ad4f1a4f372768a8f7824 63-O-23 ~4~ without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 4: 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 5: 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 July 10 July 24 Page 4 of 4 Doc ID: 0c4cc02b299bbc7fd26ad4f1a4f372768a8f7824 July 26