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Home My WebLink AboutOrdinances - MC-19-1196 - 06/17/2019 - Amending Chapter 4, Alcoholic LiquorCITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS ORDINANCE NUMBER MC-19-1196 An Ordinance Amending Chapter 4, Alcoholic Liquor, Section 4-1 Definitions, Section 4.6 License classification and fees; approval authority; limitation on number of licenses and Section 4-21 Closing hours, 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 June 17, 2019 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 18th day of June 2019. ORDINANCE NO. MC-19-1196 An Ordinance Amending Chapter 4, Alcoholic Liquor, Section 4-1 Definitions, Section 4.6 License classification and fees; approval authority; limitation on number of licenses and Section 4-21 Closing hours, 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 Council has determined that a definition of"Full Bar" is required when defining a Class A Liquor License. WHEREAS, the City Council has determined that there is a need to authorize and regulate the consumption of alcohol within certain businesses related to personal care establishments. 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 include the following new definitions: Sec. 4-1. Definitions. Full Bar: An area within a business that is designed to store, sell, pour, serve and consume alcoholic beverages which includes a structure in the appearance of a counter, across which alcoholic beverages served. A full bar can be a standalone component of a business, whose primary service is the service of alcoholic beverages, or it may be a component added to a restaurant business who provides tabled food service and alcoholic beverage service as the two core components of the business. Full Service Personal Care Establishment: a business establishment that offers multiple personal care services that when giving individually or combined as a package require a minimum of (2) two hours to complete, which may include, but is not limited to; hair treatments, haircuts, nail treatments, body packs and wraps, exfoliation, waxing, aromatherapy, facials, and formal wear fitting events. SECTION 2: Chapter 4, Alcoholic Liquor, Section 4-6, License classification and fees; approval authority; limitation on number of licenses, shall include the following new license classification: Class F, (Full Service Personal Care Establishment) License: Issuance of a Class F license shall permit a Full Service Personal Care Establishment to serve (not sell) and consume beer and/or Alcohol License, Page 1 wine only for consumption on the licensed premises as an incidental part of a Full Service Personal Care Service Establishment. The annual fee for a Class F license shall be $250.00. The defined number of Class F licenses in force shall be determined by the amount of licenses authorized by Council, on a case by case basis, and any respective licenses that were revoked, not renewed or surrendered in accordance with this Code. Conditions of the Class F license shall include, but not be limited to, the following: a. Limited Individual Servings: The serving of beer and/or wine intended for consumption on the licensed premises shall be limited to individual servings of beer and/or wine as part of a package of personal care services. No more than two (2) servings of beer (each not to exceed 12 ounces) or wine (each not to exceed 4 ounces) per customer shall be permitted on the licensed premises per calendar day; b. Incidental to Business Operation: The serving of beer and/or wine for consumption on the licensed premises shall be merely incidental to the primary business operation of the licensed premises of a full service personal care services establishment, and the licensed premises shall not be advertised or otherwise held out to be a drinking establishment; c. Live Entertainment Prohibited: No live entertainment of any nature shall be permitted on the licensed premises; d. Daycare or Child Care Facilities: No Class F license will be issued to a personal care facility within 100 feet of a licensed daycare or childcare facility; and e. Minimum Business History: Only establishments that have been in business within the City limits for a minimum of 12 months or applicants who have previously owned a personal care establishment in the City within the last 12 months that was in business for a minimum of 12 months and are in good standing with the City and State shall be eligible for application. SECTION 3: Chapter 4, Alcoholic Liquor, Section 4-21, Closing Hours, shall include the following new Class F license hours: Sec. 4-21. Closing hours. Class F licensees: In no case shall the serving, and/or consumption on the licensed premises of beer and/or wine take place outside of the normal business hours of the licensed premises and, in any event, not between the hours of 12 a.m. and 6 a.m. SECTION 4: 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 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Alcohol License, Page 2 SECTION 6: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Passed and approved this 17th day of June, 2019 Ayes Alderwoman Baehne X Alderman Devine X Alderman Glab k Alderman Mihevc X Alderwoman Miller X Alderman Santi X Alderman Schaefer X llar-ze Wayne YK NKYor Nays Absent Abstain Z:\M\McHenryCityof\Ordinances\AlcoholicLiquorAmend.doc 9 CL . Monte Johnson, f5eputy Clerk Alcohol License, Page 3 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 Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry, held on the 171h day of June, 2019, the foregoing Ordinance entitled An Ordinance Amending Chapter 4, Alcoholic Liquor, Section 4-1 Definitions, Section 4.6 License classification and fees; approval authority, limitation on number of licenses and Section 4-21 Closing hours, 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-19-1196., 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 181h day of June 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 191h day of June 2019. Monte Johnson, Deputy City Clerk City of McHenry, McHenry County, Illinois (SEAL)