HomeMy WebLinkAboutOrdinance #3030 ORDINANCE NO. 3030
AN ORDINANCE AMENDING CHAPTER 8 (INTOXICATING LIQUORS) OF THE
CANTON MUNICIPAL CODE
WHEREAS, the Public Safety Committee has determined that it is necessary and in the
best interests of the citizens of Canton, Illinois to amend Chapter 8 (Intoxicating Liquors) of the
Canton Municipal Code to allow and
WHEREAS, the 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:
That Chapter 8 (Intoxicating Liquors) of the Canton Municipal Code be amended to read
as follows:
3-8-4: 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
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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 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. to ten o'clock (10:00) P.M. on Friday
and Saturday. 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.
1. 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.
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(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.
2. 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.
2. 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.
(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 autharize the
retail sale of bottled wine or champagne to be sold exclusively as part of an arrangement in a
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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.
2. 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.
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. (Ord. 1970, 4-21-2009)
3-8-7: HOURS OF SALE, CLOSING HOURS ON NEW YEAR'S EVE:
It shall be unlawful for any person holding a class A, D, E, F, G, H, S, T or U license to sell or
offer for sale at retail any alcoholic liquor in the city at any time other than during the following
hours: Monday through Saturday, from six o'clock (6:00) A.M. to one o'clock (1:00) A.M.;
Sunday, from eleven o'clock (11:00) A.M. to eleven o'clock (11:00) P.M. These closing hours
are hereby extended to permit the sale of alcoholic liquors at retail until three o'clock (3:00) A.M.
on any New Year's Day.
It shall be unlawful for any person holding a class B or C license to sell or offer for sale at retail
any alcoholic liquor in the city at any time other than during the following hours: Monday
through Saturday, from six o'clock(6:00) A.M. to twelve o'clock (12:00) midnight; Sunday, from
eleven o'clock (11:00) A.M. to ten o'clock (10:00) P.M. These closing hours are hereby extended
to permit the sale of alcoholic liquors at retail until two o'clock (2:00) A.M. on any New Year's
Day.
It shall be unlawful to keep open for business, or to permit the public to patronize any premises
where alcoholic liquors are sold at retail during the hours within which the sale of such liquor is
prohibited, or to give away or allow the consumption of alcohol or to consume alcohol upon the
premises during hours in which the sale of such liquor is prohibited; provided, however, that in
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the case of supper clubs, restaurants, clubs, bottle clubs or setup establishments and bowling
alleys, such establishments may be kept open during such hours, but no alcoholic liquors may be
sold or consumed during such hours, except as provided in this chapter. Be it further provided
that class A license holders may keep their establishments open for food service for food
prepared on the premises if such establishments secure all alcoholic beverages from possible sale
or consumption during such hours in which the sale of alcoholic beverages is prohibited.
All establishments availing themselves of the food service additional open hours must have prior
approval of the police department.
The police department shall have the right to enter upon the licensed premises at any time for the
purpose of inspection to control the unlawful sale of alcoholic beverages. (Ord. 1964, 3-3-2009)
3-8-8: LICENSE FEE:
The annual fee for licenses for the sale at retail of alcoholic liquor for the various categories of
licenses shall be for a six (6) day license (Monday through Saturday). Said fees shall be payable
annually in advance beginning May 1 of each fiscal year of the city and shall be as follows:
(A) The annual license fee for a six (6) day Class A, tavern license shall be nine hundred dollars
($900.00).
(B) The annual license fee for a six (6) day Class B, supper club license shall be six hundred
dollars ($600.00).
(C) The annual license fee for a six (6) day Class C, restaurant, beer and wine license shall be six
hundred dollars ($600.00).
1. The annual license fee for a Subclass C supplemental license shall be one hundred fifty
dollars ($150.00).
(D) The annual license fee for a six (6) day Class D, club license shall be four hundred eighty
dollars ($480.00).
(E) The annual license fee for a six (6) day Class E, package store license shall be one thousand
twenty dollars ($1,020.00).
1. The annual license fee for a six (6) day Subclass EE supplemental license shall be one
hundred fifty dollars ($150.00).
(F) The annual license fee for a six (6) day class G, golf course/clubhouse license shall be four
hundred eighty dollars ($480.00).
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(G)The annual license fee for a six (6) day Class H shall be one thousand twenty dollars
($1,020.00).
1. The annual license fee for a six (6) day Class HH supplementary license shall be one
hundred fifty dollars ($150.00).
(H)The annual license fee for a six (6) day class S, bottle club or setup establishment license
shall be seven hundred fifty dollars ($750.00).
(I) The annual license fee for a class T, wine/champagne basket license shall be fifty dollars
($50.00).
The annual license for a six (6) day Class TT supplemental license shall be one hundred
fifty dollars ($150.00).
(J) The annual license fee for a class U, catering license shall be six hundred dollars
($600.00).
(K) The fee for a class F, special events license shall be one hundred dollars ($100.00) plus
ten dollars ($10.00) for each day for which the license is to be used. Those licensees who desire
to sell alcoholic liquor at retail on Sunday shall pay an additional one hundred dollars ($100.00)
for a seven (7) day license (Monday through Sunday) in each of the categories set out above,
with the exception of a class A tavern licensee which shall pay an additional four hundred fifty
dollars ($450.00) for a seven(7) day license (Monday through Sunday). (Ord. 2061, 12-20-2011)
PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting
this 19th day of November 2013 upon a roll call vote as follows:
AYES: Aldermen West,Jim Nelson, Pickel, Ellis, Lovell, Pasley
NAYS: Aldermen Putrich,Justin Nelson
ABSTAIN:
APPROVED:
Jef ry . Fritz, ar
ATTE :
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Di avle - ock, Ci Cler
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