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HomeMy WebLinkAboutOrdinance #4569 - Establishing a Downtown Entertainment District; a New Class of Liquor License; and Authorizing the Local Liquor Commisioner to Establish Rules and Regulations STATE OF ILLINOIS) ) SS. COUNTY OF FULTON) CERTIFICATE I, Andi Smith-Walters, certify that I am the duly elected City Clerk of the CITY OF CANTON, FULTON COUNTY, ILLINOIS. I further certify that on July 21, 2026. the City Council of such municipality passed and approved Ordinance #4569 entitled: AN ORDINANCE ESTABLISHING A DOWNTOWN ENTERTAINMENT DISTRICT; ESTABLISHING A NEW CLASS OF LIQUOR LICENSE; AND AUTHORIZING THE LOCAL LIQUOR COMMISSIONER TO ESTABLISH RULES AND REGULATIONS RELATED TO THE DOWNTOWN ENTERTAINMENT DISTRICT The ordinance attached is a true and correct copy of the ordinance adopted by Canton City Council. DATED AT CANTON, ILLINOIS, THIS 21St DAY OF July, 2026 Seal ndi Smith-Walters, City Clerk City of Canton, Illinois ORDINANCE NO. 4569 AN ORDINANCE ESTABLISHING A DOWNTOWN ENTERTAINMENT DISTRICT; ESTABLISHING A NEW CLASS OF LIQUOR LICENSE; AND AUTHORIZING THE LOCAL LIQUOR COMMISSIONER TO ESTABLISH RULES AND REGULATIONS RELATED TO THE DOWNTOWN ENTERTAINMENT DISTRICT WHEREAS, the City of Canton, Fulton County, Illinois (the "City") is an Illinois non- home rule municipal corporation, established in accordance with the constitution of the State of Illinois of 1970; WHEREAS, pursuant to Section 4-1 the Illinois Liquor Control Act of 1934, the City Council has the authority to"determine the number,kind and classification of licenses, for sale at retail of alcoholic liquor not inconsistent with this Act and the amount of the local licensee fees to be paid for the various kinds of licenses to be issued in their political subdivision, except those issued to the specific non-beverage users exempt from payment of license fees under Section 5-3 which shall be issued without payment of any local license fees, and the manner of distribution of such fees after their collection; to regulate or prohibit the presence of persons under the age of 21 on the premises of licensed retail establishments of various kinds and classifications where alcoholic liquor is drawn,poured, mixed or otherwise served for consumption on the premises;to prohibit any minor from drawing,pouring, or mixing any alcoholic liquor as an employee of any retail licensee; and to prohibit any minor from at any time attending any bar and from drawing, pouring or mixing any alcoholic liquor in any licensed retail premises;and to establish such further regulations and restrictions upon the issuance of and operations under local licenses not inconsistent with law as the public good and convenience may require; and to provide penalties for the violation of regulations and restrictions,including those made by county boards,relative to operation under local licenses;provided,however,that in the exercise of any of the powers granted in this section,the issuance of such licenses shall not be prohibited except for reasons specifically enumerated in Sections 6-2, 6-11, 6-12 and 6-25 of this [the Liquor Control Act of 1934]." 235 ILCS 5/4-1; WHEREAS,the Mayor is the Local Liquor Control Commissioner for the City and he is charged with the administration of the provisions of the Liquor Control Act of 1934 and of such ordinances and resolutions relating to alcoholic liquor as may be enacted(see 235 ILCS 5/4-2); WHEREAS, the corporate authorities have determined it necessary for the public good, and in the best interests of the City to improve the quality of life within downtown Canton, and to develop a new entertainment district (hereinafter, the "Downtown Entertainment District") to permit the open carrying of alcohol during special events and/or other times as may be established by the City from time-to-time. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS AS FOLLOWS: Section 1. The City of Canton hereby finds as fact the recitals set forth above and are incorporated herein as though fully set forth; Section 2.That Title 3, Chapter 8 of the Canton Municipal Code is hereby amended by adding the following the Section 3-8-22, entitled"Downtown Entertainment District": 3-8-22: DOWNTOWN ENTERTAINMENT DISTRICT (A) Establishment: There is hereby established a Downtown Entertainment District. If there is any conflict between the provisions herein and any other section of this Title 3, Chapter 8,the provisions of this Section 3-8-22 shall control. (B) Definitions: "Downtown Entertainment District" means the area as approved by the City Council of the City of Canton, the official map of which shall be approved by resolution or ordinance of the City Council and published on the City's website. The City's Local Liquor Commissioner may also modify and/or restrict portions of the Downtown Entertainment District in the Local Liquor Commissioner's sole discretion. "Non-Licensed Participant" means any business located within the boundaries of the Downtown Entertainment District, opting into the Downtown Entertainment District pursuant to this Section,that is not a Qualified Licensor. "Qualified Licensor" means any business or person located within the boundaries of the Downtown Entertainment District that holds a Class DED Supplemental License and a Class A, B, C, D, G, MB or W License under this Code, which is valid and in good standing with the City of Canton, and holds a valid and in good standing license with the State of Illinois authorizing the retail sale of alcoholic liquors on their business premises for consumption on their premises. "Participating Business" means any Qualified Licensor or Non-Licensed Participant that opts into the Downtown Entertainment District pursuant to this Section. (C) Class DED Supplemental License: A Class DED Supplemental License shall be obtained for the retail sale of alcoholic liquors for consumption within the Downtown Entertainment District, which must be directly adjacent to or encompass, in whole or in part, the otherwise licensed premises of the license holder. All sales of said alcoholic liquors must be within the premises licensed (including any premises permitted pursuant to a Subclass A License),and said sales shall not be permitted on property owned by the City of Canton or not otherwise permitted pursuant to an applicable license. The use of a Class DED Supplemental License will be limited to the hours when the Downtown Entertainment District is activated. 1. Application for this license may be made for each business or person that holds a Class A, B, C, D, G, MB or W License desiring to sell alcoholic liquors for consumption within the Downtown Business District. If a Class DED 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. 2. To apply for this Class DED Supplemental License, the licensee shall file its request, in writing, with the Canton Liquor Commission. A nonrefundable application fee of ten dollars ($10.00) shall be paid by the licensee requesting this supplemental license if Class DED Supplemental License is for a single 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 Class DED Supplemental License. 3. The City's Local Liquor Commissioner may establish conditions, rules, and regulations for all Class DED Supplemental Licenses, and may further require that all holders of a Class DED Supplemental License execute a waiver and hold harmless agreement,to the satisfaction of the City,prior to the issuance of any Class DED Supplemental License. 4. The Class DED Supplemental License does not authorize any music or other entertainment, and is strictly for purposes of permitting the sale of alcoholic liquors for consumption within the Downtown Entertainment District during times that the Downtown Entertainment District is activated pursuant to the Canton Municipal Code. 5. Class DED Supplemental License may be revoked at any time should the license holder violate any rules or regulations related to the Downtown Entertainment District, any ordinances of the City, and/or any other laws or regulations,including without limitation the sale of alcoholic liquors to minors. 6. All Class DED Supplemental License Holders shall be responsible for the consumption of any alcoholic liquors they sell for consumption within the Downtown Entertainment District. All Class DED Supplemental License Holders are solely responsible for ensuring that they maintain all necessary liquor liability / dram shop insurance in accordance with applicable laws and regulations and for ensuring compliance with all applicable laws and regulations, including without limitation the Illinois Liquor Control Act of 1934, as amended. 7. All Class DED Supplemental License Holders must add the City of Canton as an additional insured on its liquor liability / dram shop insurance policies and provide proof of said insurance prior to the issuance of any Class DED Supplemental License. Failure to keep the City of Canton as an additional insured shall be cause for immediate revocation of any and all liquor licenses of the license holder and be deemed a violation of this (D) Participation in the Downtown Entertainment District: 1. Participation in the Downtown Entertainment District Program shall be voluntary. 2. Any business may opt in to the Downtown Entertainment District by registering with the City Clerk.All Participating Businesses opting in to the program shall place authorized stickers or sign on their door or window indicating their participation in the Downtown Entertainment District. Approved stickers or signs shall be provided by the Local Liquor Commissioner or his or her designee. (E) Participation by non-liquor-licensed businesses: Non-Licensed Participants may allow alcoholic liquors to be consumed upon their premises by opting into the Downtown Entertainment District; however,they may not permit the retail sale of alcohol nor provide mix, ice, glasses, or other materials for alcoholic liquor or beverages without obtaining a proper license under Section 3-8-4 of the Canton Municipal Code(e.g., Class S License).Non-Licensed Participants shall comply with all rules and regulations of the Downtown Entertainment District set forth herein.Nothing in this Section permits any Non-Licensed Participant or other business or person within the Downtown Entertainment District to sell, offer to sell,or serve on their premises any alcoholic liquor without a required license pursuant to this Chapter or pursuant to applicable law. (F) Rules and regulations: 1. Participating Businesses may permit a patron to carry up to one alcoholic liquor drink from their establishment into the contiguous Downtown Entertainment District.No Participating Business shall allow a patron,guest or member to exit their establishment with more than one open container of alcoholic liquor. 2. Participating Businesses shall not allow patrons to exit their establishment with an alcoholic liquor drink unless they are wearing a wristband approved by the Local Liquor Commissioner. Patrons are required to wear the wristband at all times while possessing open alcoholic liquors within the Downtown Entertainment District, except when indoors of the establishment. 3. Alcoholic liquors may only be carried into a Participating Business or City- owned property within the Downtown Entertainment District in an approved container. Participating Businesses may allow patrons to enter their premises with up to one (1) alcoholic liquor drink in the approved container. All Participating Businesses reserve the right to prohibit entry to their establishment with open alcoholic containers, including approved containers pursuant to this Section. 4. All alcoholic liquor drinks consumed within the Downtown Entertainment District must be carried in an approved container only,which shall be approved by the Local Liquor Commissioner or his or her designee or otherwise by ordinance or resolution of the City Council. Alcoholic liquor drinks being consumed on the Qualified Licensor's premises otherwise licensed under this Chapter shall not be required to be consumed in the approved containers unless the patron otherwise enters the Downtown Entertainment District(e.g., a glass beer bottle is acceptable in the Qualified Licensor's beer garden pursuant to a Subclass A license). 5. No alcoholic liquors shall otherwise be removed from any Participating Business in a can,bottle, glass container or other container,except as otherwise allowed by law. 6. Alcoholic liquors consumed within the Downtown Entertainment District must be purchased from a Qualified Licensor, shall not be brought into the Downtown Entertainment District from home or any non-Qualified Licensor. 7. Participating Businesses shall post, at all points of egress from their premises, a map of the boundaries of the district. The map shall be provided, either in electronic or paper form, by the city. 8. Open alcoholic liquors shall not be removed from the Downtown Entertainment District,unless otherwise permitted by law.All approved cups must be disposed of in a proper receptacle prior to leaving the Downtown Entertainment District. 9. No person shall carry in an alcoholic liquor drink into any non-Participating Business or into any business that has otherwise opted out of the program or elected not to permit alcoholic liquors to be carried into the business or onto its property. 10. Alcoholic liquors shall not be consumed on any street, parking lot, or in any parks or green spaces,except as provided in this Section or otherwise permitted by this Code. 11. Any person carrying alcoholic liquors in an approved container may only do so for the personal use of the possessor. 12. The Local Liquor Commissioner is hereby authorized to implement any other rules and regulations for the Downtown Entertainment District, provided however, that said rules and regulations shall be posted on the City's website and be available for inspection in the City Clerk's office. (G)Days and hours. The provisions of this Section shall only be applicable during the hours approved for any special event in which the Downtown Entertainment District is activated or unless the Local Liquor Commissioner otherwise activates the Downtown Entertainment District. Otherwise,all other applicable ordinances, laws, and regulations shall apply within the Downtown Entertainment District. (H)Activation of Downtown Entertainment District. Any business or person seeking a special event permit may apply for the Downtown Entertainment District to be activated during said special event and/or during certain hours before and/or after said event. Additionally, Qualified Licensors may request that the Downtown Entertainment District be activated by application to the City Council. The City Council reserves the right to modify said hours upon any approval of the special event permit(or application) and/or thereafter. The City Council may also activate and establish dates/hours of the Downtown Entertainment District by majority vote of the City Council at any regular or special meeting of the City Council, by ordinance, and/or by resolution. Additionally, the Local Liquor Commissioner may activate the Downtown Entertainment District during other times by public notice. If the Downtown Entertainment District is not activated pursuant to this subsection,then the other provisions of this Section shall not be applicable and all other applicable ordinances, laws, and regulations shall apply within the Downtown Entertainment District. (I) Public Streets, Jones Park and Opera House Plaza -- Special events at the Jones Park and/or the Opera House Plaza (as defined in Section 8- 12-4 of this Code)and/or on public streets may opt in to the Downtown Entertainment District on a case-by-case basis. No alcohol may be carried into or consumed at Jones Park and/or the Opera House Plaza and/or on the public streets unless said space is approved by the City Council or the Local Liquor Commissioner as part of the Activation of the Downtown Entertainment District or pursuant to a permit or other permission by the City Council. Special event applicants shall indicate their intent to opt in on their special event applications submitted to the City. In the event that a special event has opted in (or a Qualified Licensor has applied) and it is approved by the City, all rules and regulations set forth in this Section shall apply. The special event applicant (or other Qualified Licensor applicant) shall obtain all required approved containers and signage/notices from the city prior to the event. (J) Any businesses participating in the Downtown Entertainment District shall be solely responsible for ensuring they maintain necessary dramshop/liquor liability insurance coverage as may be necessary or required, as well as any other liability insurance coverage as may be necessary or required. All Participating Businesses of the Downtown Entertainment District shall execute a release/waiver, in a form as approved by the Local Liquor Commissioner, holding the City harmless from any and all damages and injuries resulting from or arising out of their participation in the Downtown Entertainment District or patrons utilizing the Downtown Entertainment District. (K)Penalties for violation. 1. Any person, business, or entity participating in the Downtown Entertainment District program shall comply with this Section. 2. Violations of this Section, whether by a person, firm, partnership, corporation, limited liability company,or other legal entity, shall be governed by Title 1,Chapter 27,"General Penalty",of this Code and the fee schedule that is adopted by city council from time to time. 3. Any business holding a valid liquor license that violates any provision of this Section shall, in addition to fines, be subject to suspension or revocation of their liquor license by the City's Local Liquor Commissioner. Section 3. That the initial map of the area encompassing the "Downtown Entertainment District" shall be substantially as depicted in"Exhibit A." Section 4. The initial approved containers for alcoholic liquors being carried and/or consumed within the Downtown Entertainment District shall consist of aluminum cans and bottles and plastic cups (not to exceed sixteen ounces). Section 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed insofar as they are in conflict with this ordinance. Section 6. If any provision of this ordinance is adjudged invalid,such adjudication shall not affect the validity of the ordinance as a whole or of any portion not adjudged invalid. Section 7. This ordinance shall be in full force and effect from and after its passage,approval and publication as required by law. PASSED AND APPROVED THIS 21st day of July,2026. AYES: Alderpersons Chamberlin,Nelson,Lovell, Pickel Ketcham, Gossett NAYS:None ABSENT: Alderpersons Grimm, Hale APPROVED: // By: 4W �" Kent McDowell, Mayor ATTEST: Andrea J. mith-Walters, City Clerk EXHIBIT A Canton Entertainment d .a4 � > • a ' max - Canton •� E Locust+st '�• Jimmy Johns _„mot Lib ' m - E Chestnut St �. -, yE`G�eStnut St Q .* Majestic w Theatre of Z ►anton m W W EIm St E Elm St E Elm„St W Pine St U E Pine St a E Pine St 3 1 • 1:3,••8 Parcels 1 0.03 0.05 1 • Green: Band-2 M Entertainment District 1 1 1� 1 1' 1 • Blue: i • .16 km • NOAA, OpenStreetMap • Band-1