HomeMy WebLinkAboutOrdinance #4306 ORDINANCE NO. VP*
AN ORDINANCE AMENDING TITLE 3, CHAPTER 8 OF THE CANTON MUNICIPAL
CODE IN RELATION TO THE REQUIREMENTS FOR AND ISSUANCE OF CLASS MB AND
CLASS W LIQUOR LICENSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, FULTON
COUNTY, ILLINOIS AS FOLLOWS:
Section 1. That the definitions of "MICROBREWERY" and "WINERY" as stated in
Section 3-8-1 of the Canton Municipal Code are hereby amended to state as follows:
MICROBREWERY: An establishment that is or is reasonably anticipated within three
(3) months of the City's approval of the license to be authorized to produce beer pursuant
to a valid manufacturer's license, craft brewer license, brew pub license, or similar
license (as determined by the Local Liquor Commissioner) from the State of Illinois and
pursuant to any applicable federal law(s) and/or regulations.
WINERY: An establishment that is or is reasonably anticipated within three (3) months
of the City's approval of the license to be authorized to produce wine pursuant to a valid
manufacturer's license, wine-maker's license, wine-maker's premises license, or similar
license (as determined by the Local Liquor Commissioner) from the State of Illinois and
pursuant to any applicable federal law(s) and/or regulations.
Section 2. That Section 3-8-4(M) of the Canton Municipal Code is hereby amended to
state as follows:
(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 holder of a
Class MB License may only operate as Microbrewery if it: carries a valid
manufacturer's license under 235 ILCS 5/5-1(a) for the manufacturing and retail
sale of beer; is a valid brew pub licensee under 235 ILCS 5/5-1(n); or holds a
similar license to operate as a craft brewer, brewery, or manufacturer of beer
under state and federal law, as deemed appropriate and applicable by the Liquor
Commissioner. Failure to keep valid and maintain the necessary state and/or
federal licenses within three (3) months of the City's approval of the Class MB
license, and at all times thereafter, will be cause for immediate revocation of a
Class MB license and said licenses shall be tendered to the City Clerk
immediately upon receipt of same.
1
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.
Section 3. That Section 3-8-4(N) of the Canton Municipal Code is hereby amended to
state as follows:
(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
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 holder of a Class
W License may only operate as Winery if it: carries a valid manufacturer's license
under 235 ILCS 5/5-1(a) for the manufacturing and retail sale of wine; is a valid
wine-makers premises licensee under 235 ILCS 5/5-1(i); or holds a similar wine-
maker or other license for the manufacturing of wine, as deemed appropriate and
applicable by the Liquor Commissioner. Failure to keep valid and maintain the
necessary state and/or federal licenses within three (3) months of the City's
approval of the Class W license, and at all times thereafter, will be cause for
immediate revocation of a Class W license and said licenses shall be tendered to
the City Clerk immediately upon receipt of same.
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 4. That all ordinances or parts thereof in conflict with this Ordinance are hereby
expressly repealed.
Section 5. 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.
Section 6. That this Ordinance shall be in full force and effect from and after its passage
and approval as provided by law.
2
PASSED THIS 20`h day of September 2022.
AYES: 40eebi.GS L_'AAinde2/itt1)eecSav, L e ,141-/G? F Tz1 czoSSei i
NAYS: F e25OL)S D
ABSENT: 4/vicepe2S0/05 C.)G"5i'/�Git9 PL'ei
APPROVED THIS 20th day of September, 2022.
ft
\ ' ent A. M o , Mayor
ATT V T: Q
•.ndrea J. Sm. -Walters, Acting City Clerk
3