HomeMy WebLinkAboutOrdinance # 1906
ORDINANCE NO.
1906
AN ORDINANCE AMENDING SECTION 3-8-4(A) (CLASS A, TAVERN
LICENSE) OF THE CANTON MUNICIPAL CODE.
WHEREAS, the Legal and Ordinance Committee of the City of Canton, Illinois
has determined that it is necessary, desirable and in the best interest of the citizens of
Canton, Illinois to amend Section 3-8-4(A) (Class A, Tavern License) of the Canton
Municipal Code; and
WHEREAS, the City Council of the City of Canton, Illinois has made a similar
determination.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois, as follows:
1. That Section 3-8-4(A) (Class A, Tavern License) of the Canton Municipal
Code currently reads as follows:
(A) Class A, Tavern License.
1. 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 temporary supplemental license must 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. Such a license
must be applied for and obtained for each outside event (or 1 per day). A
temporary 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. All events subject to a temporary supplemental license
whereby outside entertainment will be permitted are further subject to the
provisions of §3-8-4(A)(2)(b) below.
(a) Application for this license must be made for any outdoor
event where alcoholic beverages are sold at retail. To apply for this
supplemental temporary license, the licensee shall file its request, in
writing, with the Canton Liquor Commission. Application for the
temporary license must be received fourteen (14) days in advance of the
event. A nonrefundable application fee of ten dollars ($10.00) shall be
paid by the licensee requesting this supplemental license. The request shall
include a scale drawing of the proposed outdoor facility which shall, at a
minimum, include the following:
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(1) 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 5-6-1 of this Code.
(4) The location of the telephone required by Section 3-8-14 of
this Chapter for the outside area.
(5) A description of the nature of the outside entertainment
planned.
(b) The supplemental temporary license requested shall not be
issued for any location in a residential section of the City, as defined in
Section 10-4-1 et seq., of the Canton Municipal 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 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. to ten o'clock (10:00) P.M. on Friday and Saturday. Outside
entertainment or music shall be prohibited on Sunday.
Only holders of a Class A, B, C or D license may apply for such a license.
If 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 Code. Such license may be revoked at any time should the above rules
not be followed.
2. That Section 3-8-4(A) (Class A, Tavern License) of the Canton Municipal
Code shall be hereinafter amended to read as follows:
(A) Class A, Tavern License.
1. 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
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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 Section 3-8-4(A)(2)(b) below.
(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 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:
(1) 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-
8-14 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 et seq. of the Canton Municipal 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 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. to ten
o'clock (10:00) p.m. on Friday and Saturday. Outside entertainment or
music shall be prohibited on Sunday.
Only holders of a Class A, B, C or D 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 Code. Such license maybe
revoked at any time should the above rules not be followed.
3. That this Ordinance shall be in full force and effect immediately upon its
passage by the City Council of the City of Canton, Illinois and approval by the Mayor
thereof as provided by law.
PASSED by the City Council of the City of Canton, Fulton County, Illinois at a
regular meeting this s~ day of Jtime , 2007 upon a roll call vote
as follows:
AYES: Aldermen Schenck, Berardi, Sarff, West, Carl, Strandberg, Lewis.
NAYS: None.
ABSENT: Al-dean 1`'Ieade
AP D:
Rodney W einze, Mayor
ATTEST:
ancy S. ites, City Clerk
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