HomeMy WebLinkAboutOrdinance #4365 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
19TH DAY OF SEPTEMBER,2023 ADOPTED ORDINANCE NO. 4365 A TRUE AND CORRECT
COPY OF WHICH IS CONTAINED IN THIS PAMPHLET.
GIVEN UNDER MY HAND AND SEAL THIS 19TH DAY OF SEPTEMBER, 2023.
(SEAL)
• REA SMITH-WALTERS
ITY CLERK
ORDINANCE NO. 4365
AN ORDINANCE AMENDING TITLE 3, CHAPTER 8 (INTOXICATING LIQUORS)
OF THE CANTON MUNICIPAL CODE
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 the Illinois Liquor Control Act of 1934, as amended(the"Act"),
the City has the power by ordinance to "determine the number,kind and classification of licenses,
for sale at retail of alcoholic liquor not inconsistent with th[e] 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 [of the Act] which shall be issued without payment of any local license fees, and the
manner of distribution of such fees after their collection . . . 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 . . . 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 Act." (235 ILCS 5/4-1);
WHEREAS, Title 3, Chapter 8 (Intoxicating Liquors) of the Canton Municipal Code
provides for the number, kind and classification of licenses for the sale of alcoholic liquor in the
City of Canton;
WHEREAS, the City Council of the City of Canton has determined that it is consistent
with the public good and convenience of the City to amend and update Title 3, Chapter 8 of the
Canton Municipal Code (the "Code") to further regulate Class B, Class C, Class H, and Class S
licenses as set forth in this Ordinance.
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, Section 3-8-4, Subsection (I) of the Canton Municipal
Code is hereby deleted in its entirety and replaced as follows:
(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
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refreshments. This license does not authorize the sale of alcoholic liquor by the
license holder.
Section 3. That Title 3,Chapter 8, Section 3-8-11, Subsection(B)of the Canton Municipal
Code is hereby deleted in its entirety and replaced as follows:
(B) All licenses for Class B and Class C shall only be issued to businesses where
sixty percent(60%) of gross revenues are for food and non-alcoholic beverages.
1. All license holders of Class B and Class C licenses, being supper clubs
and restaurants, shall, at the request of the Local Liquor Commission or
Commissioner, provide verified financial reports from a certified
accountant or tax preparer providing sufficient information and detail to
establish that the gross revenues of food and nonalcoholic beverages are
at least sixty percent(60%) of the business' gross revenues.
2. Should the business fail to establish the minimum requirements of sixty
percent(60%) of gross revenues, as set forth above,the license may be
suspended or revoked after a hearing before the Local Liquor
Commission.
3. Class B, Supper Club Licenses, shall be restricted to four(4)licenses in
the City.
4. Class C,Restaurant Licenses,shall be restricted to one(1)license in the
City.
Section 4. That Title 3, Chapter 8, Section 3-8-11, Subsections (I) — (K) of the Canton
Municipal Code are hereby deleted in their entirety and replaced as follows:
(1) Class H, Packaged Beer and Wine Licenses, shall be restricted to twelve (12) licenses
in the City.
(J) All licenses hereunder shall be issued only to a named person or organization for the
use at a particular location.
(K) 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.
(L) 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 of Illinois.
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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 19th day of September, 2023.
AYES: Alderpersons Chamberlin, Grimm,Nelson,Lovell,Hale, Gossett, Ketcham, Lingenfelter
NAYS:None
ABSENT:None
APPRO ED:
By; � i Nis). -/Kent McDowell, or
ATTEST: 4.C .Iii �—
Andrea J. mith-Walters, ity Clerk
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