HomeMy WebLinkAboutOrdinances - 23-36 - 06/19/2023 - Liquor Text Amendments/ . .
CITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
Ordinance 23-36
An Ordinance Amending Title 4, Business and License Regulations,
Chapter 2, Alcoholic Liquor, of the McHenry Municipal Code
Passed by the
Mayor and City Council
Of the
City of McHenry
McHenry County
State of Illinois
June 19, 2023
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry, McHenry County, Illinois this 20th day of June 2023
ORDINANCE NO. 23-36
An Ordinance Amending Title 4,Business and License Regulations,
Chapter 2,Alcoholic Liquor, of the 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 COLJNCIL of the CITY OF
McHENRY, McHenry County, Illinois, as follows:
SECTION 1: Title 4, Chapter 2, Alcoholic Liquor, Section 6, License Classification and
Fees;Approval Authority;Limitation on Number of Licenses,shall be amended with the underline
language being added and the stricken language being deleted as follows:
4-2-6: LICENSE CLASSIFICATION AND FEES; APPROVAL AUTHORITY;
LIMITATION ON NUMBER OF LICENSES:
* * *
D. Classifications Specified; Fees;Number Permitted:
* * *
6. [Intentionally left blank]
* * *
E. "To Go"Mixed Drinks/Cocktails and Single Servings of Wine: Each liquor licensee who
also possesses a State of Illinois combined retailer licensee ("Combined lA Licensee") or a
retailer licensee (lA) with both an on-premises and off-premises license, may sell and deliver"to
go"mixed drinks/cocktails and single servings of wine for off-premises consumption subject to
compliance with all applicable City and State rules and regulations.
SECTION 2:Title 4,Chapter 2,Alcoholic Liquor,Section 11,Sales Near Churches,Schools
and Similar Establishments, shall be amended with the stricken language being deleted as follows:
4-2-11: SALES NEAR CHURCHES, SCHOOLS AND SIMILAR ESTABLISHMENTS:
No license shall be issued under the terms and conditions of this chapter for the sale at retail of
any alcoholic liquor within a distance of one hundred feet(100') of any church, school or
hospital.No person shall hereafter engage in the business of retail of any alcoholic liquor within
a distance of one hundred feet(100') of any undertaking establishment or mortuary.
Notwithstanding any provision of this section to the contrary,the Local Liquor Commissioner
may, in his discretion, based on the circumstances including, but not limited to, safety, grant an
exemption to the prohibition in this section.
Liquor Licenses, Page 1
SECTION 3: 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 4:All ordinances or parts of ordinances in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 5: 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
Alderwoma Bassi X
Alderman Glab X
Alderman Koch X
Alderman Strach X
Alderwoman Miller X
Alderman Santi X
Alderman McClatchey X
APPROVED:
/,
� Mayor Wayne Jett
(SEAL) �I��vt� - 1
ATTEST:
City Clerk Trisha Ramel
Passed: June 19, 2023
Approved: June 19, 2023
Liquor Licenses, Page 2
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 19`h day of June, 2023, the foregoing Ordinance entitled An Ordinance
Arr�ending Title 4, Business and License Regulations, Chapter 2, Alcoholic Liquor, of the
McHenry Municipal Code was duly passed by the City Council of the City of McHenry.
The pamphlet form of Ordinance No. 23-36 , 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 20th day of June 2023, 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 19th day of June, 2023.
��� 0. ,
Monte Johnson, Deputy City Clerk
City of McHenry,
McHenry County, Illinois
(SEAL)