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Home My WebLink AboutOrdinances - MC-19-1210 - 10/21/2019 - Liquor Code Amendments CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance MC-19-1210 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, Section 4-21 Closing Hours, Section 4-24 Special Civic Events and Section 4-31 Prohibitions 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 October 21,2019 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry,McHenry County,Illinois this 22"1 day of October,2019. ORDINANCE NO. MC-19-1210 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,Section 4-21 Closing Hours, Section 4-24 Special Civic Events and Section 4-31 Prohibitions 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 revised definition of "Catering Endorsement" and new definitions of"Mixed Use Special Event Facility", "Special Event" and "Theatre and Entertainment Center", are required when defining a Class B Liquor License as well as services provided through a catering endorsement. WHEREAS,the City Council has determined that there is a need to authorize and regulate the consumption of alcohol within certain businesses related to theatre and entertainment center establishments and mixed use event space businesses. WHEREAS,the City Council has determined a need to regulate the method in which alcohol is consumed in licensed establishments for health and safety reason, limiting the method to the traditional method of drinking alcohol in liquid form. 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 new definitions: Sec. 4-1. Definitions. Catering Endorsement permits the service of Alcoholic liquor for off-site consumption as an incidental part of food service,sold at a package price as agreed upon under contract and extends the premise of a business to include City owned parks and property when being requested by the City to provide alcohol service at a Cijy event. Mixed Use Special Event Facility means a fixed establishment within an enclosed building that rents space specially designed for both private events and public events and accommodates a minimum of(50)f ft patrons. Special Event: An event being held only by a not-for-profit organization within the City limits in which the not-for-profit organization offers the retail sale of alcoholic beverages for on-site consumption, during the time frame of the special event. Alcohol License Amendment 10-21-19, Page 1 Theatre and Entertainment Center means an establishment within an enclosed building with stationary affixed seating for at least 100 patrons at which the primary activity is the display of movies plays being performed or musical performances being given or in combination thereof. SECTION 2: Chapter 4, Alcoholic Liquor, Section 4-6, License classification and fees; approval authority; limitation on number of licenses, is hereby amended to add the following new approval authority and license classifications: Sec.4-6.License classification and fees; approval authority; limitation on number of licenses. Upon the approval by City Council of an increase in Class A, Class B, Class C, Class F, liquor licenses the City Clerk is hereby directed to amend this section of the City Code to increase the number of liquor licenses accordingly. (b) Class B ("Service") license. Issuance of a Class B license shall authorize the sale of Alcoholic liquor,for consumption on the premises only when served as follows.No full bar is permitted. 1. Restaurant Table Service:All sales service,and consumption conducted at tables; and 2. Theatre & Entertainment Service: All sales and service conducted over a concession counter with consumption in Theater and Entertainment Center seats;and 3. Mixed Use Service: All sales and service conducted at tables or over a temporary counter and consumption within the defined area of the Mixed Use Special Event Facility. (d) Class D ("Special Event") license. Issuance of a Class D license shall only authorize the Retail sale of Alcoholic liquor by not-for-profit organizations, for consumption on the premises during a designated special event.No such license shall be issued for a license period in excess of 5 days nor shall any private premises be eligible for more than eight such licenses during any calendar year. The fee for such license shall be $100.00 per event. The premises shall be considered unlicensed both immediately before and immediately after any Special Event license period. SECTION 3: Chapter 4,Alcoholic Liquor, Section 4-21,Closing Hours,is hereby amended to add the following new closing hours: Sec. 4-21. Closing Hours. Class B licenses: • Between the hours of 1 a.m. and 6 a.m. any day of the week Provided however, on Memorial Day (observed), Thanksgiving Day, New Year's Day and Independence Day(4th of July) it shall be lawful for Class B licensees to sell alcoholic liquor until 2 a.m. SECTION 4: Chapter 4, Alcoholic Liquor, Section 4-24, Special Civic Events, is hereby amended to add Special Use Permits: Alcohol License Amendment 10-21-19, Page 2 Sec. 4-24. Special Civic Events. The City Council and the Local Liquor Control Commissioner may from time to time announce certain Special Civic Events,such as Fiesta Days,where outdoor and public property alcoholic sales and consumption adjacent to the licensee's property may be permitted. Any Class A and B licensee wishing to sell Alcoholic liquor outdoor and on public property at Special Civic Events must attend a meeting of licensees at a time and place designated by the Local Liquor Control Commissioner or his designee. Notice of the meeting will be sent to all Class A and B licensees approximately one month prior to the Special Civic Event. At the completion of the meeting, each licensee will receive a Special Civic Event Endorsement permitting off-premise, outdoor and public property sales on a restricted basis specified in the endorsement. SECTION 5: Chapter 4,Alcoholic Liquor,Section 4-31,Prohibitions,is hereby amended to add the following. Sec. 4-31. Prohibitions. (c) It shall be unlawful for any business that possess a on premise consumption liquor license to allow the consumption of alcohol through any means other than the traditional method of drinking alcohol in the liquid form. Vaping alcohol is strictly prohibited. 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. Passed this 20th day of May, 2019. Ayes Nays Absent Abstain Alderwoman Baehne X Alderman Devine X Alderman Glab k Alderman Mihevc x Alderwoman Miller X Alderman Santi AX Alderman Schaefer X Aqa�Aamlwvt-1 WaynerflItt, kayor Trisha Ramel, City Clerk Alcohol License Amendment 10-21-19, 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 21 st day of October, 2019, the foregoing Ordinance entitled An Ordinance Amending Chapter 4, Alcoholic Liquor, Section 4-1 Definitions and Section 4.6 License classification and fees; approval authority; limitation on number of licenses 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-19-1210, 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 22nd day of October 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 22nd day of October 2019. Trisha Ramel, Clerk City of McHenry, McHenry County, Illinois (SEAL)