The URL can be used to link to this page

Home My WebLink AboutOrdinances - MC-19-1193 - 05/20/2019 - Amending Alcohol for Bring Your Own AlcoholCITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS ORDINANCE NUMBER MC-19-1193 An Ordinance Amending Chapter 4; Alcoholic Liquor and Chapter 14; Offenses Miscellaneous, of the City of McHenry's Municipal Code Adopted by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois May 20, 2019 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 21St day of May 2019. ORDINANCE NO. MC-19-1193 AN ORDINANCE AMENDING CHAPTER 4, ALCOHOLIC LIQUOR AND CHAPTER 14; OFFENSES MISCELLANEOUS, OF THE CITY OF MCHENRY'S MUNICIPAL CODE WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. WHEREAS, the City of McHenry desires to amend its ordinance governing the licensing and enforcement of "Bring Your Own Alcohol" businesses. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: Chapter 4, Alcoholic Liquor, Section 4-1, Definitions, shall be amended to add the following language: Sec. 4-1. Definitions. BYOA: Bring Your Own Alcohol. SECTION 2: Chapter 4, Alcoholic Liquor, Section 4-3, License Required, shall be amended as follows: Sec. 4-3. License required. It shall be unlawful for a business or establishment to sell or offer for sale at retail or allow the possession or consumption of alcohol without having a valid Liquor License in accordance with Chapter 4, Section 4-6 of the McHenry Municipal Code. SECTION 3: Chapter 4, Alcoholic Liquor, Section 4-6, License classification and fees; approval authority; limitation on number of licenses, shall be amended as follows: Sec. 4-6. License classification and fees; approval authority; limitation on number of licenses. Licenses required by this Chapter shall be divided into the following classes. The approval and authority to issue liquor licenses is the responsibility of the Liquor Control Commissioner with the approval of the City Council. The Liquor Control Commissioner or appointed designee may issue Class D "Special Event" licenses and Class E "Bring Your Own Alcohol" licenses without prior Council approval when the license does not involve the use of additional City services or public property. Upon approval by the City Council of an increase in Class A, Class B and Class C liquor licenses and by the Mayor of Class E liquor licenses, the City Clerk is hereby directed to amend this Section of the City Code to increase the number of liquor licenses accordingly. Any time a license is revoked or voluntarily surrendered, the maximum number of authorized licenses of that class will reduce by one, and the City Clerk is hereby directed to amend this Section of the Code to reflect that reduction. In the event a new license is issued after May I" of the year, the license fee for that fiscal year will be prorated monthly to account for the remaining months in the year. (e) Class E BYOA license. Issuance of a Class E license shall allow for the legal consumption of alcohol within the premises of an establishment or business that is open to the public and does not otherwise possess a City issued liquor license. Issuance of a Class E license does not permit the owner, manager or staff of the business to sell or serve alcoholic liquor to customers. The annual fee for a BYOA license shall be $250.00. No more than (2) two Class E licenses shall be in force in the City at any time. Conditions of the BYOA license are as follows: 1. The licensee shall only permit BYOA to occur on the premises in conjunction with the purchase of a service within the establishment; 2. Only patrons who are over the age of (21) twenty-one and that are participating in the service of the business shall be permitted to consume alcohol that has been provided by the patrons; 3. The licensee may provide glassware and ice to patrons but may not serve alcohol; and 4. It shall be unlawful for any person to carry, transport or possess liquor in an unsealed and open condition. SECTION 4: Chapter 4, Alcoholic Liquor, Section 4-7, Effect on license if holder becomes ineligible, shall be amended as follows: Sec. 4-7. Effect on license if holder becomes ineligible. If the Licensee identified on the license discontinues operations at the premises described in the application and license for a period of 30 consecutive days (except as hereafter set forth or businesses that are seasonal by nature), or whenever there is clear evidence of an intent of the licensee to abandon the premises, said license shall be deemed void, and the license shall cease to exist upon written notice to the Licensee by the Local Liquor Control Commissioner. Thereafter, the total number of available licenses for that class shall be reduced by action of the City Council. If said discontinued operation is due to fire or other such damage wherein the Building Inspector deems the premises uninhabitable, said 30-day period shall be tolled until occupancy is granted by the Building Inspector. SECTION 5: Chapter 4, Alcoholic Liquor, Section 4-14, License revocation authorized, shall be amended as follows: Sec. 4-14. License revocation authorized. (a) No person holding a license issued by the City shall, in the conduct of the licensed business or upon the licensed premises, either directly or through an Agent or employee of the licensee: 4. Permit the sale and/or consumption of any Alcoholic liquor outdoors except upon issuance of specific permit or license by the McHenry City Council. SECTION 6: Chapter 4, Alcoholic Liquor, Section 4-21, Closing Hours, shall be amended as follows: Sec. 4-21. Closing hours. Except as otherwise provided for herein, it shall be unlawful to sell or offer for sale at retail, give away or deliver, either in, upon or from any licensed premises as follows: Class D and E licensees: • As defined on the Special Event Liquor License and BYOA License, but not between the hours of 12 a.m. and 6 a.m. SECTION 7: Chapter 14, Offenses — Miscellaneous, Section 14-36, Alcoholic Beverages, shall be amended as follows: Sec. 14-36. Alcoholic beverages (C) Businesses Open to the Public. The consumption or possession of any alcoholic liquors by a person, at any time in an establishment or business that is open to the public is prohibited unless said business holds a valid Liquor License in accordance with Chapter 4, Section 4-6 of the McHenry Municipal Code. SECTION 8: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 9: All ordinances, or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 10: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 11: This Ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. Passed and approved this 20th day of May, 2019 Ayes Alderwoman Baehne -' Alderman Devine k Alderman Glab t Alderman Mihevc Alderman Miller Alderman Santi Alderman Schaefer X Wayne J t, ayor Nays Absent Abstain Monte JohnsoiFDeputy Clerk CERTIFICATION I, MONTE JOHNSON, do hereby certify that I am the duly appointed, acting and qualified Deputy Clerk of the City of McHenry, McHenry County, Illinois, and that as such Deputy Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Council Members of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Council Members of the City of McHenry, held on the20th day of May, 2019, foregoing Ordinance entitled AN ORDINANCE AMENDING CHAPTER 4; ALCOHOLIC LIQUOR AND CHAPTER 14; OFFENSES MISCELLANEOUS, OF THE CITY OF MCHENRY'S MUNICIPAL CODE, was duly passed by the City Council of the City of McHenry. The pamphlet form of Ordinance No. MC-19-1193, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing on the 2l' day of May 2019, and will continue for at least 10 days thereafter. Copies of such Ordinance are also available for public inspection upon request in the office of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. GIVEN under my hand and seal this 21 st day of May 2019. r'76Ck . Monte Johnson, D uty Clerk City of McHenry, McHenry County, Illinois (SEAL)