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HomeMy WebLinkAboutOrdinance#4246 ORDINANCE N04246 AN ORDINANCE AMENDING TITLE 3, CHAPTER 8 (INTOXICATING LIQUORS) OF THE CANTON MUNICIPAL CODE TO ALLOW FOR BREWERY AND WINERY LICENSES 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, Title 3, Chapter 8 (Intoxicating Liquors) of the Canton Municipal Code (the "Code") governs liquor licenses within the City; WHEREAS, the Code does not currently provide for a liquor license for breweries or wineries within the City; WHEREAS, the City desires to expand business opportunities within the City for breweries and wineries; WHEREAS, the City Council of the City of Canton has determined that it is necessary and in the best interest of the City to amend and update Title 3, Chapter 8 in order to allow for and govern liquor licenses for breweries and wineries. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS AS FOLLOWS: Section 1. That the City hereby finds as fact the recitals set forth above and incorporates said recitals herein as though fully set forth. Section 2. That Section 3-8-1 of the Canton Municipal Code is hereby amended by adding the following definition(s): MICROBREWERY: An establishment that is authorized to produce beer pursuant to a valid manufacturer's license, craft brewer license or brew pub license from the State of Illinois and pursuant to any applicable federal law(s) and/or regulations. WINERY: An establishment that is authorized to produce wine pursuant to a valid manufacturer's license, wine-maker's license or wine-maker's premises license from the State of Illinois and pursuant to any applicable federal law(s) and/or regulations. Section 3. That Section 3-8-4(A)(2)(b) of the Canton Municipal Code is hereby amended and replaced to state as follows: (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 1 be limited to the hours of eleven o'clock (11:00) A.M. Friday to twelve o'clock (12:00) midnight Friday and eleven o'clock (11:00) A.M. Saturday to twelve o'clock (12:00) midnight 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, G, MB, or W 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. Section 4. That Section 3-8-4 of the Canton Municipal Code is hereby amended by adding the following sub-paragraphs (M) and(N): (M) Class MB, Microbrewery: Class MB licenses shall authorize a microbrewery to produce beer on-premise, along with the subsequent storage of beer and distribution of the produced beer, provided said production, storage, and distribution is in compliance with all state and federal laws, regulations, and/or licenses authorizing the production, storage and distribution of beer. A Class MB license further authorizes the retail sale of alcoholic liquors on the premises of the microbrewery for consumption on the premises, as well as other retail sales of beer produced on premises for consumption off said premises. No other consumption or retail sale under a Class MB license is allowed. A Class MB License may only be granted to a licensee that carries a valid manufacturer's license under 235 ILCS 5/5-1(a) for the manufacturing and retail sale of beer; to a valid brew pub licensee under 235 ILCS 5/5-1(n); or to a craft brewer, brewery, or other similar license for the manufacturing of beer, as deemed appropriate and applicable by City Council at the time of approval of the license. Failure to keep valid and maintain the necessary state and/or federal licenses will be cause for immediate revocation of a Class MB license. Conditional approval of a Class MB license may be granted by the City Council, for up to fifteen (15) days, in the event local authority approval is necessary prior to the issuance of the state and/or federal licenses needed to comply with this section. 1. Subclass MBMB: A supplemental license must be obtained for the offering and tasting, on the premises of the licensee, of free samples of beer produced and to be sold by the licensee. The offering and tasting may allow the consumption of up to four samples, not to exceed four ounces per sample, of the beer produced on premises without charge. Said license must be applied for and obtained annually. Said license shall only be available as a supplemental license for the premises holding a valid Class MB license. (N) Class W, Winery: Class W licenses shall authorize a winery to produce wine on- premise, along with the subsequent storage of wine and distribution of the produced wine, provided said production, storage, and distribution is in compliance with all state and federal laws, regulations, and/or licenses authorizing 2 the production, storage and distribution of wine. A Class W license further authorized the retail sale of alcoholic liquors on the premises of the winery for consumption on the premises where sold as well as other retail sales of wine produced on the premises for consumption off said premises. A Class W license may only be granted to a licensee that carries a valid manufacturer's license under 235 ILCS 5/5-1(a) for the manufacturing and retail sale of wine; to a valid wine- makers premises licensee under 235 ILCS 5/5-1(i); or to a wine-maker or other similar license for the manufacturing of wine, as deemed appropriate and applicable by the City Council upon approval of the license. Failure to keep valid and maintain the necessary state and/or federal licenses will be cause for immediate revocation of a Class W license. Conditional approval of a Class W license may be granted by the City Council, for up to fifteen (15) days, in the event local authority approval is necessary prior to the issuance of the state and/or federal licenses needed to comply with this section. 1. Subclass WW: A supplemental license must be obtained for the offering and tasting, on the premises of the licensee, of free samples of wine produced and to be sold by the licensee. The offering and tasting may allow the consumption of up to four samples, not to exceed four ounces per sample, of the wine produced on premises without charge. Said license must be applied for and obtained annually. Said license shall only be available as a supplemental license for the premises holding a valid Class W license. Section 5. That Section 3-8-8 of the Canton Municipal Code is hereby amended by adding the following sub-paragraphs (L) and (M): (L) The annual license fee for a six (6) day class MB, microbrewery license shall be one thousand five hundred dollars ($1,500.00). 1. The annual license for a six (6) day class MBMB supplemental license shall be two hundred fifty dollars ($250.00). (M) The annual license fee for a six (6) day class W, winery license shall be one thousand five hundred dollars ($1,500.00). 1. The annual license for a six (6) day class WW supplemental license shall be two hundred fifty dollars ($250.00). Section 6. That Section 3-8-11 of the Canton Municipal Code is hereby amended by amending sub-paragraphs 3-8-11(G-H) and adding 3-8-11(I-K) as follows: (G) Class MB, microbrewery licenses, shall be restricted to two (2) licenses in the City. (H) Class W, winery licenses, shall be restricted to two (2) licenses in the City. (I) All licenses hereunder shall be issued only to a named person or organization for the use at a particular location. 3 • J 1 (J) The Local Liquor Control Commission shall also impose any conditions or restrictions upon the issuance of liquor licenses which are specifically set forth by an applicable law of the State. (K) All licenses hereunder which require that the licensee secure liquor liability insurance coverage shall only be issued after proof of liquor liability insurance coverage in an amount at least equal to the maximum liability amounts set forth in 235 ILCS 5/6-21 et seq. or as set forth by the applicable laws of the State. Section 7. That all ordinances or parts thereof in conflict with this Ordinance are hereby expressly repealed. Section 8. If any part or parts of this Ordinance shall be held to be unconstitutional or otherwise invalid, such unconstitutionality, or invalidity shall not affect the validity of the remaining provisions of this Ordinance. I Section 9. That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. PASSED THIS 3rd day of August, 2021. AYES: Alderperson Justin Nelson, Craig West, Angela Hale, Jeff Fritz, Angela Lingenfelter, Greg Gossett NAYS: None ABSENT: Alderpbrson Andra Chamberlin, John Lovell APPROVED THIS 3rd day of August, 2021. `l Kent A. McDo , Mayor ATTEST: i Diana fey-Roc , City k, 4 _ I