HomeMy WebLinkAbout007-O-22 Amending City Code Section 3-4-6(M) to Reduce the Number of License Holders12/13/2021
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AN ORDINANCE
Amending City Code Section 3-4-6(M) to Reduce the Number of
License Holders
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Class M of Table 1, Section 3-4-6 of the Evanston City Code
of 2012, as amended, is hereby further amended and revised as follows:
M Wine None Wine $5,000 $5,000 4- 0 None 8 a.m. -
Sale - Midnight
Retail
Delivery
SECTION 2: Subsection 3-4-6(M) of the Evanston City Code of 2012, as
amended, is hereby further amended) to read as follows:
(M) CLASS M licenses, which shall authorize the off premises sale, packaging of
orders and delivery of original, factory sealed packages of wine for consumption.
1. A licensee under this Class M may deliver wine that is sold to retail customers in
this state. All deliveries must be made only to a person which is at least twenty-one
(21) years of age. The deliveries must be made for personal use and not for resale
purposes. A licensee may sell and deliver wine to a retail customer in the licensee's
licensed premises.
2. It shall be unlawful for a Class M licensee to sell or deliver wine from a premises
that is mobile. It shall be unlawful for a Class M licensee to sell a single container of
wine unless the container is greater than or equal to sixteen (16) fluid ounces or 0.473
liters.
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3. The sale of wine at retail pursuant to the Class M license may begin after 8.00
a.m., Monday through Sunday. Wine shall not be sold after the hour of 12:00 midnight
on any day.
4. Any deliveries of wine to a retail customer by the licensee or a carrier used by the
licensee shall only be made after verifying by inspecting government issued photo
identification that the recipient is at least twenty-one (21) years of age, obtaining the
signature of the recipient of the wine upon delivery, and determining that the recipient
is not visibly intoxicated at the time of delivery. If a licensee uses a carrier service for
delivery, that licensee shall be liable for any violation of this subsection.
The applicant for such license shall pay an initial fee of five thousand dollars
($5,000.00) and thereafter an annual fee of five thousand one hundred sixty dollars
($5,160.00).
No more than ones) zero (0) such license(s) shall be in force at any one (1) time.
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.
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Introduced: December 12
Adopted: January 10
Attest:
Ay"k&
Stephanie Mendoza, City Clerk
, 2021
, 2022
Approved:
1/12
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Daniel Biss, Mayor
Approved as to form:
✓✓c Aola s S. Ca nir zc s
Nicholas E. Cummings, Corporation
Counsel
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