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HomeMy WebLinkAboutOrdinances - 21-18 - 04/05/2021 - Class G Liquor License CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance 21-18 AN ORDINANCE AMENDING TITLE 4, BUSINESS AND LICENSE REGULATIONS, CHAPTER 2, ALCOHOLIC LIQUOR, OF THE CITY OF MCHENRY MUNICIPAL CODE Passed by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois April 5, 2021 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 6' day of April, 2021. ORDINANCE NO. 21-18 An Ordinance Amending Title 4, Business and License Regulations, Chapter 2,Alcoholic Liquor, of the City of McHenry 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. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY, McHenry County, Illinois, as follows: SECTION 1: Title 4, Chapter 2, Section 4-2-1,Definitions, shall be amended by adding the following, in alphabetical order: BEER: A beverage obtained by the alcoholic fermentation of an infusion or concoction of barley, or other grain, malt and hops in water, and includes, among other things, beer, ale, stout, lager beer, porter and the like. See, 235 ILCS 5/1-3.04 PACKAGED LIQUOR: Alcoholic liquor sealed in the original package container which meets the State and Federal label requirements; provided, however, where the packaged liquor is to be consumed off premise,the license holder may break up original larger cases of alcoholic liquor received from distributers for retail sale to customers. WINE:Any alcoholic beverage obtained by the fermentation of the natural contents of fruits or vegetables containing sugar, including those beverages when fortified by the addition of alcohol or spirits, as defined in this Section. See, 235 ILCS 5/1-3.03 SECTION 2: Title 4, Chapter 2, Section 4-2-6, License Classification and Fees; Approval Authority; Limitation on Number of Licenses, shall be amended as follows: B. Increase,Reduction In Number Of Licenses: Upon the approval by City Council of an increase in Class A, Class B, Class C, Class F and Class G liquor licenses, and by the Mayor of Class E liquor licenses,the City Clerk is hereby directed to amend this section 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 to reflect that reduction. SECTION 3: Title 4, Chapter 2, Section 4-2-6, License Classification and Fees; Approval Authority; Limitation on Number of Licenses, shall be amended by adding the following: Liquor License, Page 1 7. Class G(Limited Service and Package") License. Issuance of a Class G license shall authorize the sale of beer and wine only for consumption on the premises,and the retail sale of packaged liquor. The annual fee for such licenses shall be one thousand three hundred dollars ($1,300.00). Conditions on license are as follows: a. This license shall be issued only for the designated area of Miller Point Park that is identified under a valid use/permit agreement with the City. b. No more than (1) one Class G license shall be issued. All sale of beer and wine must be in metal cans, plastic bottles or plastic cups; glass containers are not permitted. SECTION 4:Title 4,Chapter 2,Section 4-2-14,Operational Restrictions and Requirements, shall be amended by adding the following at the end of paragraph E. 1.: f. Class G licenses: Between the hours of 11 a.m. and 7:30 p.m. any day of the week; provided, however, in the event that a City hosted Special Event, with alcohol sales,is conducted at the Miller Point Park during the hours of 11 a.m. -7:30 p.m.,this Class G license shall be temporarily suspended until the City hosted Special Event is concluded. SECTION 5: 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 6:All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: 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. Ayes Nays Absent Abstain Alderman Harding Alderman Devine .i- Alderman Glab 4- Alderman Mihevc �►' Alder-woman Miller Y Alderman Santi .V Alderman Schaefer X Liquor License, Page 2 v Mayor'Wane fett (SEAL) ATTEST: 7i�b, 6y �yl.►�t. a� ' " City Clerk Trisha Ramel Liquor License, Page 3 CERTIFICATION I,Trisha Ramel,do hereby certify that I am the duly appointed,acting and qualified 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 5th day of April, 2021, the foregoing Ordinance entitled An Ordinance Amending Title 4, Business and License Regulations, Chapter 2,Alcoholic Liquor, of the City of McHenry Municipal Code, was duly passed by the City Council of the City of McHenry. The pamphlet form of Ordinance No. 2�• 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 61h day of April 2021, 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 6th day of April 2021. /ri/11q 17,14 d Trisha Ramel, Clerk City of McHenry, McHenry County, Illinois (SEAL)