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HomeMy WebLinkAboutOrdinances - MC-00-753 - 03/15/2000 - Chapter 4 Liquor OrdinanceORDINANCE NO. MC-00-753 An Ordinance Amending Various Sections of Chapter 4, Alcoholic Beverages, of the Municipal Code, City of McHenry, Illinois, to Provide Additional Regulations BE IT ORDAINED by the CITY COUNCIL of the CITY OF Mc.HENRY, McHenry County, Illinois, as follows: SECTION 1: That the introductory paragraph of Section 44 Applications for Licenses of the Municipal Code, City of McHenry, Illinois be amended to read as follows and that the remaining subsections (a) through (k) shall remain in full force and effect, unaltered by this ordinance. Applications for licenses required by this chapter shall be made to the Mayor, in writing, signed by the applicant, if an individual or by duly authorized agent thereof if a club or corporation and verified by oath or affidavit. All applications shall contain the following information and statements which shall be true and accurate by the person signing the affidavit: SECTION 2: That Section 4-5(l) of the Municipal Code, City of McHenry, Illinois, be amended to add the following sentence to the existing language: For purposes of this subsection 4-5(1), the terms "manager" and "agent" shall refer to an authorized representative of the Licensee who has supervisory authority over all employees of the licensed premises. The manager/agent must be a full-time employee who is regularly on the premises during hours when the business is open. SECTION 3: That Section 4-5, Persons Ineligible for License, of the Municipal Code, City of McHenry, Illinois, be amended to add the following subparagraph (w): Section 4-5(w). Any person whose application for liquor license contains false statements or misrepresentations thereon. SECTION 4: That Section 4-7, Effect on License if Holder Becomes Ineligible, of the Municipal Code, City of McHenry, Illinois, shall be amended to read as follows: 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 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 Commissioner deems the premises uninhabitable, said 30-day period shall be tolled until occupancy is granted by the Building Commissioner. SECTION 5: That Section 4-13, Effect on License Due to Change of Ownership: Transfer Fee, of the Municipal Code, City of McHenry, Illinois, shall be amended to read as follows: Sec.4-13. Effect on License Due to Change in Ownership - Transfer Fee. (a) Any changes in partnership, officers, directors, persons holding directly or beneficially more than five percent (5%) of the stock or ownership interest, managers of businesses licensed under this Chapter, shall be reported in writing to the Liquor Control Commissioner within ten (10) days of the change. All new personnel shall meet the standards of this Chapter and must otherwise qualify to hold a liquor license. All such changes in personnel shall, be subject to review by the Local Liquor Control Commissioner within thirty (30) days of the change. (b) Upon such a change in ownership, the pre-existing license shall be deemed terminated and the new license shall be applied for by the new ownership, and a transfer fee of $250 shall be paid. SECTION 6: That Section 4-16, License Revocation Authorized, of the Municipal Code, City of McHenry, Illinois shall be amended to add subsection (A)9 to read as follows: Section 4-16(A)9 submit to the Mayor an application for license containing a false or misleading statement. SECTION 7: That Section 4-22, Closing hours, of the Municipal Code, City of McHenry, Illinois, shall be amended to read as follows: 2 Sec. 4-22. Closing hours. It shall be unlawful to sell or offer for sale at retail, give away or deliver, either in, upon or from any licensed premises, any alcoholic liquor in the City between the hours of 1:00 a.m. and 6:00 a.m. on Monday, Tuesday, Wednesday, Thursday and Friday. It shall be unlawful to sell or offer for sale at retail, give away or deliver, either in, upon or from any licensed premises, any alcoholic liquor in the City between the hours of 2:00 a.m. and 6:00 a.m. on Saturday. It shall be unlawful for a Class A Licensee and a Class G Licensee to sell or offer for sale at retail, give away or deliver, either in, upon or from any licensed premises, any alcoholic liquor in the City between the hours of 2:00 a.m. and 10:00 a.m. on Sunday. On the mornings of New Year's Day, Memorial Day (observed), Independence Day (4" of July) and Thanksgiving Day, it shall be lawful to sell alcoholic liquor in the City for one additional hour beyond the aforesaid regular closing hours for that date:. Provided, however, when the above holiday falls on Sunday, regular 2:00 a.m. closing times shall apply. During the aforesaid hours, it shall be unlawful to keep open for business, to admit the public to, to permit the public to remain within or to permit the consumption of alcoholic liquor by employees or members of the public in or upon the licensed premises. Officers of the City's Police Department shall be permitted access for purposes of inspection to ensure compliance of this Section. SECTION 8: That Section 4-23(a)(1) of the Municipal Code, City of McHenry, Illinois, shall be amended to read as follows: Sec. 4-23 (a)(1) Within fifteen (15) minutes after the legal hours for closing in effect for that day, all customers shall be off the premises, and all containers of alcohol shall be emptied and removed from the areas accessible to customers. SECTION 9: That Section 4-23(a)(6) of the Municipal Code, City of McHenry, Illinois, shall be amended to add the following subsection: 4-23(a)(6) Employees of any licensed establishment shall immediately upon request admit officers of the McHenry Police Deparl.ment for the purpose of inspection of the premises to ensure compliance with the provisions of this Section 4-23. SECTION 10: 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 11: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 12: 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 15'' day of March, 2000. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Abstain: None. t;�Xayor Steven J. Cuda (SEAL) ATTEST: