Loading...
HomeMy WebLinkAboutOrdinance #1537 .~~ ORDINANCE NO. 15 3 7 AN ORDINANCE DEFINING AND REGULATING SO-CALLED BOTTLE CLUBS OR SET UP ESTABLISHMENTS AND BARRING CERTAIN ACTIVITIES ON THE PREMISES OF SUCH ESTABLISHMENTS WHEREAS it appears that it is necessary to regulate establishments where patrons bring and provide their own alcoholic beverages and purchase ice, mix or other materials from the operator; and, WHEREAS, it is necessary to protect the public health and welfare by regulating the nature of entertainment at such establishments; and, WHEREAS, the Legal and Ordinance Committee has determined that it is necessary and in the best interest of the City of Canton that the foregoing be adopted; and, WHEREAS, the City Council of the City of Canton, Fulton County, Illinois has made a similar determination. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois that the following additions be made to Chapter 8 of the Canton Municipal Code: "3-8-1: Bottle Club or Set Up Establishment DEFINITIONS: ALCOHOL - The word "alcohol" means the product of distillation of any fermented liquor, whether rectified or diluted, whatever may be the origin thereof, and includes synthetic ethyl alcohol. It does not include denatured or wood alcohol. 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, vodka, gin or other spirituous liquors, and such liquors when rectified, blended or otherwise mixed with alcohol or other substances. 3-8-22.1: It shall be unlawful for any person to provide, operate or maintain an establishment within the City of Canton wherein patrons supply or bring to the premises their own alcoholic liquor or beverages and purchase or obtain from the operator mix, ice, glasses or other materials in order to provide themselves with refreshments normally available only in a Class A liquor license establishment, without first obtaining a license therefor as a "set up" establishment. 3-8-22.2: APPLICATION: Any person, firm or corporation desiring a license to operate a set up establishment shall make application to the City through the Police Department upon a form prescribed by the City. 3-8-22.3: Upon receipt of an application, the police department shall prepare a report to the Mayor, Liquor Control Commission and City Council concerning the applicant in the same manner as for a liquor license application. 3-8-22.4: HOURS OF OPERATION: Hours of operation shall be identical with those for a class A liquor license. 3-8-22.5: LICENSE FEE: All licenses thereunder shall be subject to approval by the liquor control commission and shall cost $750.00 per annum. 3-8-22.6: MINORS: No minors shall be permitted on the premises of a set up establishment. 3-8-22.7: REPORTING INCIDENTS POLICE - TELEPHONE ON PREMISES:: Each licensee and each of his agents and employees shall promptly report to the Police Department of the City any incident occurring on or about the licensed premises in his knowledge or view relating to the Commission of any crime, including any violation of this Chapter and shall truthfully and fully answer all questions and investigations of any identified police officer who makes inquiry concerning any persons in or about the licensed premises, and any events taking place in and about the licensed premises. Each licensee shall maintain on each licensed premises not less than one telephone in operating order, which phone must be within the easy access of the bartender or other responsible person in charge of the premises at all times, for the purpose of reporting to the Police Department incidents occurring on or about the licensed premises. 3-8-22.8: ILLEGAL ACTIVITIES ON PREMISES: No licensee or any officer, associate, member, representative, agent or employee of such licensee shall engage in any activity or conduct or suffer or permit any other person to engage in any activity or conduct in or about the licensed premises which is prohibited by any ordinance of the City or law of the State of Illinois or the United States. 3-8-22.9: CERTAIN FORMS OF NUDITY PROHIBITED: It shall be unlawful for any licensee of a set up establishment to suffer or permit any person to appear on the licensed premises, or in any area which can be viewed from the premises, in such a manner or attire as to show the human male or female genitals, pubic area, or cleavage of the human buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernably turgid state. 3-8-22.10: CERTAIN ACTS PROHIBITED: It shall be unlawful for any licensee under this Chapter to suffer or permit any person to perform on the premises, or any area which can be viewed from the premises, acts of or acts which simulate: (A) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law. (B) The touching, caressing or fondling of the breasts, buttocks, anus or genitals. (C) The displaying of the pubic hair, anus, vulva or genitals. ~, (D) To permit any person to remain in or upon the licensed premises who commits any of the acts described above or allows another person to commit upon his or her body any of the acts described herein. 3-8-22.11: SHOWING OF CERTAIN FILMS, PICTURES PROHIBITED: It shall be unlawful for any licensee under this Chapter to suffer or permit the showing on the premises, or in any area which can be viewed from the premises, of films, still pictures, electronic reproduction, or other visual reproductions depicting: (A) Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law. (B) Any person being touched, caressed or fondled on the breast, buttocks, anus or genitals. (C) Scenses wherein a person displays the vulva or the anus or the genitals. (D) Scenes wherein artificial devices or inanimate objects are employed to depict or drawings are employed to portray any of the prohibited activities described above. 3-8-22.12: BARTENDER PERMIT; REQUIRED; DISPLAY: (A) It shall be unlawful for any person to serve alcoholic liquor across a dram shop counter (even if the alcoholic liquor be supplied by the customer) or attend upon any bar unless he shall have on his person a current, valid bartender permit, or for a licensee under this Chapter to permit any person to do so unless such person shall have on his person a current, valid bartender permit. However, all licensed premises under this chapter shall have on the premises at all times while alcoholic liquor is either being consumed or exposed on the premises at least one person who shall have on his person a current valid bartender permit. All persons holding a valid bartender permit shall display such permit to any customer or police officer upon request. 3-8-22.13: AGE OF EMPLOYEES: Bartenders in licensed establishments shall be not less than twenty-one (21) years of age. Persons serving set ups (waiters, waitresses) shall be not less than eighteen (18) years of age. r ~ ~+ • .. 3-8-22.14: PENALTY: Any person who shall violate any of the provisions of this Chapter pertaining to Bottle clubs or set up establishments shall be punished by the maximum fine permitted by law. Any person who shall violate any of the provisions of Sections 3-8-22.1 or 3-8-22.8 through 3-8-22.13 of this Chapter shall be punished by the maximum permitted by law. In addition to any fine provided for in this section, any person, firm or corporation who shall violate any provisions of this Chapter shall be subject to the revocation of license. 2. That this Ordinance shall be in full force and effect immediately upon its passage by the City Council of the City of Canton and approved by the Mayor thereof. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 18 th day of March , 1997. AYES: Aldermen May, Shores, Meade, Phillips, Sarff, Hartford, Molleck. NAYS: None . ABSENT: Alderman Nidiffer. APPROVED: ,: ~' ~~ .~! i . / ~" ~Z~~ c'/ onald E. Edwards, Mayor ATTEST: 9 ari Whites, ity Clerk.