Loading...
HomeMy WebLinkAboutOrdinance #2061 ORDINANCE NO 2061 AN ORDINANCE AMENDING CHAPTER 8(INTOXICATING LIQUORS) OF THE CANTON MUNICIPAL CODE WHEREAS, the Public Safety Committee has determined that it is necessary and in the best interests of the citizens of Canton, Illinois to amend Chapter 8(Intoxicating Liquors) of the Canton Municipal Code to clarify prior codification errors and to create a liquor license classification to allow samples/tastings by a specific class of license holders; and WHEREAS, the 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: That Chapter 8(Intoxicating Liquors) of the Canton Municipal Code be amended to read as follows: 3-8-4: CLASSES OF LICENSES: 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 1 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 3-8-13 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 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, 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. 1. 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. 2 (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. (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. 2. 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 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. (I} Class "T, Wine/Cham~~ne Basket Sa(es I.,icense: C(ass "I' I:.icenses sha(1 atithorize the retail sale of' bc~ttled wine or cham~agne to be sc~ld e~clusivel~part ~f an ar7•~~ti~ernent in a J~,iit basket by an establishrnent in ~~~luch the retail sale oF11o~~ers or tloral inerchandise is the primar.-~p~•incipal business thcreof. A Class 'I' license shall only be issued to p~rsons who can demonstrate thcv are operatin~ a bana fide floral bu5ine5s ~~t~d participate in fulfillment of ordei•s throu~;h national sales cornpanies. Wine and chanipagne shall be sold in sealed packa es only and must ac;companv a tloral anans~ement and/or floral merchandise. Consumntion on the premises whcre sold is not p~;rmrttcd 1. Subclass "I,T: A supplemc;ntal lic~.nse must be obtained tor t(~e offerin~ and tastin~. on thc pren~ises of the I.icensce, of free samples of wine or chain~~a~z~e to be so:(d by the licensee. Said lic~nse must be applied for ~~id obtained annuallv. The license sh~~ll onlv be available as a supplemental license for the premises holdin~ a class T license. 3 2. I..imit: Anv offerin~s or tastin~s shall not eaceed two (2) ounce5 and must comply with all a~plicable liquor laws of the state of Illinoi5 (J) Class U, C'aterin~,~: Class T licenses shall au:thorize the retail sale of alcoholic lic uors for canstimntian on the premises onl~bject to the follo~vin~ condition• The retail sale of alcoholic liQuors shal l be allowed only at p1•ivate ~r civic fiinctions on the ~~relnises, whicl~ ~~re not ot~en to the ~reneraf public and at ~~-hich the licensee provides food f~r cc~n5um tion by_those persons attendin~ the iunction. 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. 1970, 4-21-2009) 3-8-7: HOURS OF SALE, CLOSING HOURS ON NEW YEAR'S EVE: It shall be unlawful for any person holding a class A, D, E, F, CJ, S, 'C" or I.1license to sell or offer for sale at retail any alcoholic liquor in the city at any time other than during the following hours: Monday through Saturday, from six o'clock (6:00) A.M. to one o'clock (1:00) A.M.; Sunday, from eleven o'clock (11:00) A.M. to eleven o'clock (11:00) P.M. These closing hours are hereby extended to permit the sale of alcoholic liquors at retail until three o'clock (3:00) A.M. on any New Year's Day. It shall be unlawful for any person holding a class B or C license to sell or offer for sale at retail any alcoholic liquor in the city at any time other than during the following hours: Monday through Saturday, from six o'clock (6:00) A.M. to twelve o'clock (12:00) midnight; Sunday, from eleven o'clock (11:00) A.M. to ten o'clock (10:00) P.M. These closing hours are hereby extended to permit the sale of alcoholic liquors at retail until two o'clock (2:00) A.M. on any New Year's Day. It shall be unlawful to keep open for business, or to permit the public to patronize any premises where alcoholic liquors are sold at retail during the hours within which the sale of such liquor is prohibited, or to give away or allow the consumption of alcohol or to consume alcohol upon the premises during hours in which the sale of such liquor is prohibited; provided, however, that in the case of supper clubs, restaurants, clubs, bottle clubs or setup establishments and bowling alleys, such establishments may be kept open during such hours, but no alcoholic liquors may be sold or consumed during such hours, except as provided in this chapter. Be it further provided that class A license holders may keep their establishments open for food service for food prepared on the premises if such establishments secure all alcoholic beverages from possible sale or consumption during such hours in which the sale of alcoholic beverages is prohibited. All establishments availing themselves of the food service additional open hours must have prior approval of the police department. The police department shall have the right to enter upon the licensed premises at any time for the purpose of inspection to control the unlawful sale of alcoholic beverages. (Ord. 1964, 3-3-2009) 4 3-8-8: LICENSE FEE: The annual fee for licenses for the sale at retail of alcoholic liquor for the various categories of licenses shall be for a six (6) day license (Monday through Saturday). Said fees shall be payable annually in advance beginning May 1 of each fiscal year of the city and shall be as follows: (A) The annual license fee far a six (6) day class A, tavern license shall be nine hundred dollars ($900.00). (B) The annual license fee for a six (6) day class B, supper club license shall be six hundred dollars ($600.00). (C) The annual license fee far a six (6) day class C, restaurant, beer and wine license shall be six hundred dollars ($600.00). 1. The annual license fee for a subclass C license shall be one hundred fifty dollars ($150.00). (D) The annual license fee for a six (6) day class D, club license shall be four hundred eighty dollars ($480.00). (E) The annual license fee for a six (6) day class E, package store license shall be one thousand twenty dollars ($1,020.00). 1. The annual license fee for a six (6) day supplementary class EE license shall be one hundred fifty dollars ($150.00). (F) The annual license fee for a six (6) day class G, golf course/clubhouse license shall be four hundred eighty dollars ($480.00). (G) The annual license fee for a six (6) day class S, bottle club or setup establishment license shall be seven hundred fifty dollars ($750.00). (H) The annual license fee for a class T, wine/champagne basket, license shall be fifty dollars ($50.00). l. The annual license for a six (6~y supplementary class TT license shall be one hundred fiftv dollars ($150.00). (I) The annual license fee for a class U, catering, license shall be six hundred dollars ($600.00). The fee for a class F, special events license shall be one hundred dollars ($100.00) plus ten dollars ($10.00) for each day for which the license is to be used. Those licensees who desire to sell alcoholic liquor at retail on Sunday shall pay an additional one hundred dollars ($100.00) for a seven (7) day license (Monday through Sunday) in each 5 of the categories set out above, with the exception of a class A tavern licensee which shall pay an additional four hundred fifty dollars ($450.00) for a seven (7) day license (Monday 3-8-19: BARTENDER PERMIT; REQUIRED; DISPLAY: (A) It shall be unlawful for any person to sell or serve alcoholic liquor across a dramshop 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. All persons holding a valid bartender permit shall display such permit to any customer or police officer upon request. (B) The requirements of subsection (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 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 subsection (A) of this section shall not apply to club establishments holding class "B", "D", "G", "T" or "LI" 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 section, he must be a member of the club or organization and must not be paid for the bartending services. (D) The requirements of subsection (A) of this section shall not apply to establishments holding class "F" licenses at bars, dramshop 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, dramshop counter or stand which has for available sale or delivery alcoholic liquors in 6 addition to beer and/or wine from complying with the provisions of subsection (A) of this section. (Ord. 1970, 4-21-2009) PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 20th day of December 2011 upon a roll call vote as follows: AYES: Aldermen Schenck, Fritz, West, Nelson, Ellis, Pickel, Hartford NAYS: Alderman Pasley ABSTAIN: APP VED: ~ Kevin . Meade, Mayor TT ~T~:~~ Dian ucker, City Clerk 7