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HomeMy WebLinkAbout#4132 Amending Provision 3-8-4 Relative to live music CERTIFICATE THE UNDERSIGNED CERTIFIES THAT SHE IS THE CITY CLERK FOR THE CITY OF CANTON,ILLINOIS,AND THAT THE CITY COUNCIL AT A REGULARLY CONSTITUTED MEETING OF SAID CITY COUNCIL OF THE CITY OF CANTON ON THE 2ndDAY OF APRIL 2019 ADOPTED ORDINANCE NO. 4132 A TRUE AND CORRECT COPY OF WHICH IS CONTAINED IN THIS PAMPHLET. GIVEN UNDER MY HAND AND SEAL THIS 2ndDAY OF APRIL 2019 (SEAL) ' zl Com_ DIANA AVLEY-ROCK CITY CLERK ORDINANCE NO. 4132 AN ORDINANCE AMENDING PROVISION 3-8-4 RELATIVE TO LIVE MUSIC IN THE CITY OF CANTON,ILLINOIS WHEREAS, pursuant to the Municipal Code and the City of Canton Code, the City of Canton has the authority to regulate its liquor licenses and any related supplemental licenses within its municipal boundaries; and WHEREAS, the Municipal Code allows the City to determine certain activities related to its liquor licenses, including allowing live music to be played at certain hours of the day and night related to said licenses; and WHEREAS, the City Council of the City of Canton has determined that an update and amendment is required to be made pursuant to Provision 3-8-4 to allow for an extension of live music and the times same may be allowed during the evening. NOW, THEREFORE, BE IT ORDAINED, by the City Council for the City of Canton, Fulton County, Illinois, Section 3-8-4 shall now provide as follows: SECTION 1: 113-8-4: 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 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 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 twelve o'clock (12:00) P.M. Friday and eleven o'clock (11:00) A.M. Saturday to twelve o'clock (12:00) 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. 2 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. (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 HH: 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. 3 (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 and must accompany a floral arrangement and/or floral merchandise. Consumption on the premises where sold is not permitted. 1. 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: 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." SECTION 2 —That upon passage of this amendment, the City Clerk shall be instructed to submit to the Codifiers or Municipal Ordinance the said Ordinance amendment for insertion in its proper place and each copy of this Code within thirty (30) days of its final passage. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 2nd day of April, 2019 upon a roll call vote as follows: AYE'S: Aldermen Ryan Mayhew,Justin Nelson,John Lovell, Craig West,Angela Hale, Tad Putrich,Angela Lingenfelter,Quin Mayhew 4 NAYE'S: None ABSENT: None APPROVED:_ Mayor KentTacDowerl ATTEST Cao City Clerk Diana Pavley 5