HomeMy WebLinkAbout#4085 Amending Liquor Licenses Ordinance No. 4085
An Ordinance Amending Provision 3-8-1,3-8-4 and 3-8-11 Pertaining to Liquor Licenses in
the City of Canton, Illinois
WHEREAS pursuant to Section 4-1 of The Liquor Control Act of 1934 (235 ILCS 5/4-1
et seq.), the City Council of the City of Canton has the power to determine the number, kind and
classification of liquor licenses issued within its municipal boundaries; and
WHEREAS the City Council of the City of Canton has been approached by a proprietor
of a video gaming café which proposed to operate video gaming terminals as defined by the
Illinois Video Gaming Act and the City has been requested to potential create a new license
relative to a video gaming café.
THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON,
FULTON COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1:
"Section 3-8-1: DEFINITIONS: of the Code of Ordinance of the City of Canton is hereby
amended to read as follows:
(3-8-1 Definitions)
Unless the context otherwise requires, the words and phrases herein defined are used in this
chapter in the sense given them in the following definitions:
ALCOHOL: 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.
ALCOHOLIC LIQUOR: Includes the four (4) varieties of liquor herein defined, "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 chapter do not apply to alcohol used in the manufacture of denatured alcohol produced in
accordance with the acts of congress and regulations promulgated thereunder, nor to any liquid
or solid containing one-half of one percent (0.5%) or less, of alcohol by volume. Nor shall the
provisions of this chapter apply to flavoring extracts, syrups, or medicinal, mechanical,
scientific, culinary or toilet preparations, or 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 manufacture, preparation or compounding of such products. None of the provisions of this
chapter shall apply to wine intended for use and used by any church or religious organization for
sacramental purposes.
BEER: 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.
BOTTLE CLUB OR SETUP ESTABLISHMENT: An establishment operated or maintained
within the city 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.
CLUB: A corporation organized under the laws of the state of Illinois, not for pecuniary profit,
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 and provided with suitable and adequate kitchen and dining room
space and equipment and maintaining a sufficient number of servants and employees for
cooking, preparing and serving food and meals for its members and their guests; provided, that
such club files with the local commission at the time of its application for a license under this
chapter two (2) copies of a list of the names and residences of its members, and similarly files
within ten (10) days of the election of any additional member his name and address; and,
provided further, that its affairs and management are conducted by a board of directors,
executive committee, or similar body chosen by the members at their annual meeting, and that no
member, or any officer, agent or employee of the club is paid, or directly or indirectly receives,
in the form of salary or other compensation any profits from the distribution or sale of alcoholic
liquor to the club or members of the club or its guests introduced by members beyond the
amount of such salary as may be fixed and voted at any annual meeting by the members or by its
board of directors or other governing body out of the general revenue of the club.
GOLF COURSE/CLUBHOUSE: A public or private golf course consisting of at least nine (9)
holes, a minimum of thirty (30) acres, and having fairways, greens, and other attributes common
to the sport of golf, with a clubhouse having facilities used, kept and maintained as a place where
food is served, such space being provided with adequate and sanitary kitchen and dining room
equipment and capacity and having employed therein a sufficient number and kind of employees
to prepare, cook and serve suitable food for its guests.
PACKAGE STORE: A place of business, operated for profit, whose exclusive business is to sell
alcoholic beverages at retail in packages for consumption only off the premises and not for
consumption on the premises where sold and to sell related items. No bar, chairs and tables shall
exist or be maintained on the premises of a package store for use in connection with the
consumption of alcoholic beverages on said premises at any time. The words "package store
license" shall mean and have reference to the liquor license required and provided for under this
chapter for the operation of such a business.
RESTAURANT: Any public place kept, used, maintained, advertised and held out to the public
as a place where meals are actually and regularly served for profit, without sleeping
2
accommodations, with space provided for adequate and sanitary kitchen and dining room
equipment and area and where a sufficient number and kind of employees are employed to
prepare, cook and serve suitable food for guests or patrons.
RESTAURANT, BEER AND WINE LICENSE: A place of business, operated for profit, whose
primary business is the operation of a restaurant and which is licensed to sell beer and wine at
retail as an incident to its primary business for consumption only on the premises thereof and in
conjunction with the simultaneous or near simultaneous consumption of food. No bar, chairs and
tables shall exist or be maintained on the premises except in connection with the simultaneous or
near simultaneous consumption of food. The words "restaurant, beer and wine license' shall
mean and have reference to the liquor license required and provided for under this chapter for the
operation of such a business.
RETAILER: Any person who sells, or offers for sale, alcoholic liquor for use or consumption
and not for resale in any form.
SALE: Any transfer, exchange or barter in any manner or by any means whatsoever for a
consideration, and includes and means all sales made by any person, whether principal,
proprietor, agent, servant or employee.
SELL AT RETAIL AND SALE AT RETAIL: Sales for use or consumption and not for resale in
any form.
SPIRITS: 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.
SUPPER CLUB: A place of business, operated for profit, whose primary business is the
operation of a restaurant and which is licensed to sell alcoholic beverages at retail as an incident
to its primary business for consumption only on the premises thereof and in conjunction with the
simultaneous or near simultaneous consumption of food. The words "supper club license" shall
mean and have reference to the liquor license required and provided for under this chapter for the
operation of such a business.
TAVERN: A place of business, operated for profit, whose primary business involves the sale, at
retail, of alcoholic beverages for consumption on or off the premises thereof even though food is
served as an incident of the primary business. The words "tavern license" shall mean and have
reference to the liquor license required and provided under this chapter for the operation of such
a place of business.
VIDEO GAMING CAFÉ: An establishment whose primary or major focus is to operate video
gaming terminals as defined under the Illinois Video Gaming Act and the service of alcohol and
food is incidental to the operation of the video gaming. The following factors may be considered
by the local liquor commission when determining if the establishment is a video gaming café:
1. The design of the establishment;
3
2. Whether food and beverages are offered or prepared on the premises;
3. The presence of a full-service kitchen;
4. The number of video gaming terminals relative to the customer seating capacity of the
establishment;
5. The square footage of space devoted to video gaming terminals and video gaming as
compared to the amount of space devoted to other activities;
6. The source of the proposed or actual revenue derived from the establishment;
7. The number of employees at the establishment and their proposed job duties and
functions; and
8. Any other factors determined as relevant by the local liquor control commissioner.
TO SELL: The words "to sell" include to keep or expose for sale and to keep with intent to sell.
WINE: Any alcoholic beverage obtained by 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 herein. (Ord. 1970, 4-21-2009)
SECTION 2:
"Section 3-8-4: CLASSES OF LICENSES: of the Code of Ordinances of the City of Canton
is hereby amended to read as follows:
Licenses for the retail sale of alcoholic liquor or operation and maintenance of a bottle club or
setup establishment within the corporate limits of the city shall be divided into the following
classes:
(A) Class A, Tavern License:
1. Class A: Class A licenses shall authorize the retail sale of alcoholic liquors on the premises of
any tavern for consumption on the premises, as well as other retail sales of such liquor for
consumption off said premises.
2. Subclass A: A supplemental license shall be obtained for the retail sale of alcoholic beverages in
an outdoor beer garden or cafe or a sidewalk restaurant adjacent to the licensed premises. A
supplemental license will be limited to the hours of eleven o'clock (11:00) A.M. to ten o'clock
(10:00) P.M. Sunday through Thursday and eleven o'clock (11:00) A.M. to twelve o'clock
(12:00) midnight Friday and Saturday. If outside entertainment will be permitted on the
premises, all supplemental licenses shall be further subject to the provisions of subsection
(A)2(b) of this section.
(a) Application for this license shall be made for each outdoor beer garden or cafe or sidewalk
restaurant where alcoholic beverages will be sold at retail. To apply for this supplemental
license, the licensee shall file its request, in writing, with the Canton liquor commission.
Application for the supplemental license must be received by the Canton liquor commission
fourteen (14) days in advance of the opening of the outdoor beer garden or cafe or sidewalk
restaurant. A nonrefundable application fee of ten dollars ($10.00) shall be paid by the licensee
requesting this supplemental license if the supplemental license is for a single outside event or
4
for one day only. Otherwise, a nonrefundable application fee of one hundred dollars ($100.00)
shall be paid by the licensee requesting the supplemental license. The request for the
supplemental license shall include a scale drawing of the proposed outdoor facility which shall,
at a minimum, include the following:
(I) A method by which the area shall be confined to prohibit the removal of alcoholic liquor and
constrict noise to the approved area;
(2) A reasonably substantial structure across which alcoholic liquor shall be served which shall
afford bartenders reasonable protection from patrons, unless the outdoor facility is serviced
directly by the indoor licensed premises;
(3) The locations of at least two (2) exits from the area, only one of which shall be through a
building or, in the case of a patio, deck, open porch, balcony or rooftop facility, such exits as are
required by the city fire codes, as adopted in section 5-6-1 of this code;
(4)The location of the telephone required by section 3-8-13 of this chapter for the outside area;
(5)A description of the nature of the outside entertainment planned, if any.
(b) The supplemental license requested shall not be issued for any location in a residential section
of the city, as defined in section 10-4-1 of this code. No live entertainment shall be permitted
outside except live music. No music (recorded or live) or any other broadcast, including public
address, shall be made at an unreasonable level and shall conform with the city ordinances
including prohibition of noise or similar nuisance. All outside entertainment or music shall be
limited to the hours of eleven o'clock (11:00) A.M. Friday to eleven o'clock (11:00) P.M. Friday
and eleven o'clock (11:00) A.M. Saturday to eleven o'clock (11:00) P.M. Saturday. Any
extensions of time shall be by special permit request to be approved by the city council. Outside
entertainment or music shall be prohibited on Sunday.
Only holders of a class A, B, C, D or G license may apply for such supplemental license. If a
supplemental license is granted to a class B license holder, the licensee shall continue to maintain
its primary business as a restaurant pursuant to section 3-8-2 of this chapter. Such license may be
revoked at any time should the above rules not be followed.
(B) Class B, Supper Club License: Class B licenses shall authorize the retail sale of alcoholic
liquors on the premises of any restaurant for consumption on the premises.
(C) Class C, Restaurant, Beer And Wine License: Class C licenses shall authorize the retail sale
of beer and wine only on the premises of any restaurant for consumption on the premises.
I. Subclass C License: Wine and champagne tasting may be permitted by a subclass C license as a
promotion each week not to exceed four (4) consecutive days per week. No licensee shall give
or offer to give away alcoholic liquors as a gift, gratuity or tie in with the sale of nonalcoholic
products or to induce the purchase or promote the sale of nonalcoholic products. A
supplemental license must be obtained for the retail sale of champagne or wine to be sold
exclusively as incidental to a wine or champagne tasting. The license shall only be available as
a supplemental license for the premises holding a class B or C license.
(D) Class D, Club License: Class D licenses shall authorize the retail sale of alcoholic liquors
on the premises of any club for consumption on the premises.
5
(E) Class E, Package Store License: Class E licenses shall authorize the retail sale of alcoholic
liquors in packages for consumption off the premises and not for consumption on the premises
where sold.
1. Subclass EE: A supplemental license must be obtained for the offering and tasting, on the
premises of the licensee, of free samples of beverages to be sold by the licensee. Said license
must be applied for and obtained annually. The license shall only be available as a supplemental
license for the premises holding a class E license.
(a) Limit: Any offerings or tastings shall not exceed two (2) ounces and must comply with all
applicable liquor laws of the state of Illinois.
(F) Class F, Special Events License: Class F licenses shall authorize the retail sale of alcoholic
liquors on the premises in any nonresidential location for a period of two (2) weeks or less, as
determined by the local liquor control commission. The license shall only apply to catered
functions or special events. No person can obtain a class F license more than once in a period of
sixty (60) consecutive days.
(G) Class G, Golf Course/Clubhouse License: Class G licenses shall authorize the licensee to sell
alcoholic liquor to its patrons and guests by the drink, for consumption in the clubhouse and on
the golf course, and not for resale in any form. The license shall only be available for premises
defined as a "golf course/clubhouse" herein.
(H) Class H, Packaged Beer And Wine License: Class H licenses shall authorize the retail sale of
beer and wine in packages for consumption off the premises and not for consumption on the
premises where sold.
1. Subclass HI-i: A supplemental license must be obtained for the offering and tasting, on the
premises of the licensee, of free samples of beverages to be sold by the licensee. Said license
must be applied for and obtained annually. The license shall only be available as a supplemental
license for the premises holding a class H license.
(a) Limit: Any offerings or tastings allowed under the subclass HH supplemental license shall not
exceed two (2)ounces and must comply with all applicable liquor laws of the state of Illinois.
(I) Class S, Bottle Club Or Setup Establishment: Class S licenses shall authorize an
establishment to be operated or maintained 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.
(J) Class T, Wine/Champagne Basket Sales License: Class T licenses shall authorize the retail
sale of bottled wine or champagne to be sold exclusively as part of an arrangement in a gift
basket by an establishment in which the retail sale of flowers or floral merchandise is the primary
and principal business thereof. A class T license shall only be issued to persons who can
demonstrate they are operating a bona fide floral business and participate in fulfillment of orders
through national sales companies. Wine and champagne shall be sold in sealed packages only
6
and must accompany a floral arrangement and/or floral merchandise. Consumption on the
premises where sold is not permitted.
I. Subclass TT: A supplemental license must be obtained for the offering and tasting, on the
premises of the licensee, of free samples of wine or champagne to be sold by the licensee. Said
license must be applied for and obtained annually. The license shall only be available as a
supplemental license for the premises holding a class T license.
(a) Limit: Any offerings or tastings shall not exceed two (2) ounces and must comply with all
applicable liquor laws of the state of Illinois.
(K) Class U, Catering: Class U licenses shall authorize the retail sale of alcoholic liquors for
consumption on the premises only, subject to the following condition: The retail sale of alcoholic
liquors shall be allowed only at private or civic functions on the premises, which are not open to
the general public, and at which the licensee provides food for consumption by those persons
attending the function.
(L) Video Gaming Cafes shall not be qualified to obtain any existing classifications of the City
of Canton liquor licenses. No such licenses allowing video gaming cafes shall be created,
maintained or authorized by this Chapter.
The above described classes of licenses shall be the only classes of licenses available for the
retail sale of alcoholic liquor or operation and maintenance of a bottle club or setup
establishment within the corporate limits of the city. (Ord. 3034, 11-19-2013)
SECTION 3:
"Section 3-8-11: LICENSE RESTRICTIONS: of the Code of Ordinances of the City of
Canton is hereby amended to read as follows:
(A) Class A,tavern licenses, shall be restricted to nine (9) licenses in the City.
(B) All licenses for Class B and Class C shall only be issued to businesses where sixty percent
(60%) of gross sales are for food and nonalcoholic beverages.
1. All license holders of Class B and Class C licenses being supper club and restaurants shall at the
request of the Liquor Commission provide verified financial reports from a certified accountant
or a tax preparer providing sufficient information and detail to establish that the gross sales of
food and nonalcoholic beverages are in excess of sixty percent(60%) of the business' gross sales.
2. Should the business fail to establish the minimum requirements of sixty percent(60%) of food
and nonalcoholic beverages the license may be suspended or revoked after a hearing before the
Liquor Commission.
(C) Class E, package store licenses, shall be restricted to two (2) licenses in the City.
(D) Class G, golf course/clubhouse licenses, shall be restricted to one(1) license in the City.
7
(E)Package stores shall be required to have outside ingress and egress only. Under no
circumstances shall a package store be permitted to have an exit or an entrance to or from
another building from within the package store building.
(F) A video gaming café shall not be qualified to obtain any existing classification of the City of
Canton liquor licenses. No such licenses allowing video gaming café shall be created,
maintained or authorized by this Code.
(G) All licenses hereunder shall be issued only to a named person or organization for the use at a
particular location.
(H) The Local Liquor Control Commission shall also impose any conditions or restrictions upon
the issuance of liquor licenses which are specifically set forth by an applicable law of the
State. (Ord. 4078, 6-20-2017),
This Ordinance shall be in full force and effect ten (10) days from and after its publication in
pamphlet form in accordance with 65 ILCS 5/1-2-4. Such publication must take place within
thirty (30) days after passage of this Ordinance.
Passed by the City Council of the City of Canton, Fulton County, Illinois, at a regular
meeting this 3RD day of October,2017 upon a roll call vote as follows:
AYES: Aldermen Ryan Mayhew,John Lovell, Craig West, Angela Hale, Tad Putrich,
Angeila Lingenfelter, Justin Nelson
NAYS: None
ABSENT: None
ABSTAIN: Alderman Chris Jump
TOVER:
il' 4. U'AJ
la
Cit erk
8