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HomeMy WebLinkAboutOrdinance #1145I . • 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. -2- 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 -3- 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. -4- 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 -5- ($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: -24 ~~~`tt~- Donald E. Edwards, Mayor. ATTEST: Ps~blica~rion Onstruction~ // / '~ ~ 1 Nancy White , City Clerk. -6- G7~o not publish Publish in ~t rnPhlet tors on9y Publish in ~ general circulation newspaper ..~ 2-o g1 City Att. _ Date