HomeMy WebLinkAboutOrdinance #1145I
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ORDINANCE NO. 1145
An Ordinance Amending Title 3, Chapter 8 of the Canton
Municipal Code Relating to Intoxicating Liquors.
WHEREAS, the Legal and Ordinance Committee has determined that
it is necessary and in the best interest of the City of Canton to
amend Chapter 8, Title 3 of the Canton Municipal Code as herein-
after set forth; and,
WHEREAS, the Canton City Council has made a similar
determination.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CANTON, Fulton County, Illinois as follows:
1. That the Canton City Council hereby finds the foregoing
recitals to be fact.
2. That Title 3, Chapter 8 of the Canton Municipal Code is
hereby amended by adding thereto the following Sections 20 and 21
to read as follows:
"3-8-20. Bartender permit -- Required; display.
(a) It shall be unlawful for any person to sell or serve
alcoholic liquor across a dram shop counter 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.
(b) The requirements of paragraph (a) of this section shall
not apply to establishments holding class "C" licenses for the sale
of beer and wine only, and to employees of such establishments,
except that at all times during business hours there shall be
present on the licensed premises at least one holder of a current
valid bartender's permit for such establishment. Such permit
e ~ ~ r
holder shall have supervisory authority over and be responsible for
the actions of all employees not holding a bartender permit in
connection with the selling, serving and handling of alcoholic
liquors and any requirements imposed by law on employees of a
licensed establishment.
(c) The requirements of paragraph (a) of this section shall
not apply to club establishments holding class "B" or "D" licenses,
except that at all times during business hours when alcoholic
liquor is being sold or served there shall be present on the
licensed premises at least one holder of a current valid
bartender's permit for such establishment. Such permit holder
shall have supervisory authority over and be responsible for the
actions of all bartenders not holding permits in connection with
the selling, serving and handling of alcoholic liquors and any
requirements imposed by law on bartenders or employees of a
licensed establishment. For any bartender to qualify for the
permit exemption of this paragraph, he must be a member of the club
or organization and must not be paid for the bartending services.
(d) The requirements of paragraph (a) of this section shall
not apply to establishments holding class "F" licenses at bars,
dram shop counters or stands at which the only alcoholic liquor
sold or served is beer and/or wine, and to their employees who work
at such limited bars, counters or stands, except that at all times
during which the only alcoholic liquors sold at such bars, counters
or stands are beer and/or wine at least one holder of a current
valid bartender's permit shall be present in each bar, counter or
stand. Such permit holder shall have supervisory authority over
and be responsible for the actions of all employees not holding
bartender permits in connection with the selling, serving and
handling of alcoholic liquors, and any requirements imposed by law
on employees of a licensed establishment.
However, nothing herein shall exempt any person who sells or
serves alcoholic liquor at a bar, dram shop counter or stand which
has for available sale or delivery alcoholic liquors in addition to
beer and/or wine from complying with the provisions of paragraph
(a) of this section.
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3-8-20.1 Bartender Permit - Emergency approval.
Should an occasion arise during the approval hours for sale of
a licensed establishment whereby said establishment is or will be
left without a licensed bartender due to circumstances beyong the
control of the licensee, the licensee or an approved manager may
seek emergency approval from the Chief of Police or his designee of
an unlicensed person to serve as bartender until closing time that
day as set forth in section 3-8-7 of this chapter. The Police
Chief, or, his designee shall approve such requests if he shall
find that the person to serve as bartender has no known
disqualification from holding a bartender permit, and if the
circumstances giving rise to the need for an unlicensed bartender
were truely unknown to the licensee and beyond its control.
3-8-20.2 Bartender Permit - Requisites.
No bartender permit shall be issued to any person to whom the
issuance of a license to sell liquor at retail would be prohibited
by section 3-8-3 of this chapter, except that a person who is not a
citizen of the United States or not a resident of the City of
Canton shall not be disqualified to receive a bartender's permit
for that reason.
3-8-20.3 Bartender Permit - Application; Approval.
(a) Upon the written request of any licensee under this
chapter requesting the issuance of a bartender permit to a person
for the purpose of being employed as a bartender in a licensed
establishment operated by the requesting licensee, such person
shall submit an original application to the City Clerk in writing,
with a copy thereof to the Chief of Police, under oath stating
substantially the same requisites as are set forth in section 3-8-3
of this chapter. The applicant shall state in the application the
location or locations where the applicant is to be employed.
(b) The Chief of Police or his designate, shall render his
decision to approve or deny the issuance of a bartender permit
within ten (10) days of the filing of the original application and
mailing of the copy to the Chief of Police. A person aggrieved by
the action of the Chief of Police or his designate may file a
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written appeal with the Mayor within five (5) days of such denial.
The Mayor in his discretion may consider the matter upon written
statement of appeal from the aggrieved party and report to the
Chief of Police may cause a hearing to be held at which the
aggrieved party and the Chief of Police may present evidence. The
decision of the Mayor shall be made within ten (10) days of the
filing of the appeal by the aggrieved party unless otherwise agreed
by the parties.
3-8-20.4 Bartender Permit - Expiration date; renewal.
Such bartender permit shall be current for three (3) years
from the next birthday of the applicant and shall be renewable at
its expiration upon written showing of current employment as a
bartender and proof of eligibility.
3-8-20.5 Bartender Permit - Issuance of temporary permit.
Upon filing written application for a bartender's permit or a
renewal thereof, the Chief of Police, or his delegate, shall make
preliminary investigation through the records of the Canton Police
Department, and if he finds no cause to deny such person a
bartender's permit or renewal, he shall issue a receipt upon
payment of the specified fee. Such receipt shall be dated and
shall allow the applicant to be employed as a bartender for a
period of ten (10) days from the date of issuance, or until
notification of approval or denial of the application, whichever
occurs first.
3-8-20.6 Bartender Permit - Revocation.
Upon the happening of any occurrence or the discovery of any
condition which would have caused a permit holder to be ineligible
to receive said permit, or upon failure to comply with any
provision of this chapter, the Chief of Police or his designee may
revoke such person's permit upon written notice specifying the
grounds therefor, a copy of which shall be sent to the Mayor. Such
person shall immediately surrender his bartender permit to the
Chief of Police or any police officer on demand.
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A person aggreived by such action of the Chief of Police or
his designee may file written appeal with the Mayor within five (5)
days of such revocation. The Mayor may in his discretion consider
the matter upon written statement of appeal from the aggrieved
party and report of the Chief of Police or may cause a hearing held
at which the aggrieved party and the Chief of Police may present
evidence. The decision of the Mayor shall be made within ten (10)
days of the filing of the appeal by the aggrieved party unless
otherwise agreed by the parties.
3-8-20.7 Bartender Permit - Fee; duplicate permit.
The fee for the bartender permit required by this chapter
shall be five dollars ($5.00) upon original application and two
dollars ($2.00) upon application for renewal; provided, however,
that any person who, as an individual, partner, or officer of a
corporation, has been issued a license to sell alcoholic liquor at
retail under the Canton City Code or any approved manager pursuant
to section 3-8-3 shall be issued an original or renewal bartender
permit without additional charge. If a bartender permit is lost or
destroyed, the permit holder may apply for a duplicate permit upon
affidavit stating the circumstances of such loss or destruction,
and reaffirming the information contained in the original
application. The fee for a duplicate bartender permit shall be
five dollars ($5.00).
3-8-21 Penalty.
Except as otherwise provided in this Section, any person who
shall violate any of the provisions of this Chapter shall be
punished by a fine of not less than twenty five dollars ($25.00)
nor more than five hundred dollars ($500.00) for each such offense.
Any person who shall violate any of the provisions of Section 9 of
this Chapter shall be punished by a fine of not less than one
hundred dollars ($100.00) nor more than five hundred dollars
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($500.00) for each such offense. Any person who shall violate any
of the provisions of Sections 17, 18, 19, or 20 of this Chapter shall
be punished by a fine of not less than one hundred dollars
($100.00) nor more than five hundred dollars ($500.00) for each
such offense; a second or subsequent violation of any of the
provisions of Section 17, 18, 19, or 20 of this Chapter shall be
punished by a fine of not less than three hundred dollars ($300.00)
nor more than five hundred dollars ($500.00). In addition to any
fine provided for in this Section, any person who shall violate any
provision of this Chapter shall be subject to the revocation
provisions of Section 16 of this Chapter."
3. That this Ordinance shall be in full force and effect ten
(10) days after its passage by the City Council of the City of
Canton, Fulton County, Illinois, approval by the Mayor thereof, and
publication in pamphlet form as provided by law.
PASSED by the City Council of the City of Canton, Fulton
County, Illinois at a regular meeting this 1~ day of Mav
1987 upon a roll call vote as follows:
AYES: Aldermen Bohler, r~eade, Sarff, Steck, Tilly, Kovachevich.
NAYS: Aldermen Chapman, May.
ABSENT: None.
APPROVED:
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Donald E. Edwards, Mayor.
ATTEST: Ps~blica~rion Onstruction~
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Nancy White , City Clerk.
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G7~o not publish
Publish in ~t rnPhlet tors on9y
Publish in ~ general circulation newspaper
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City Att. _ Date