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HomeMy WebLinkAboutOrdinances - MC-99-722 - 04/28/1999 - Ch 13 Traffic speed limitsORDINANCE NO. MC-99-721 An Ordinance Amending various Sections of Chapter 4, Alcoholic beverages Of the City of McHenry Municipal Code BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County, Illinois as follows: SECTION 1: That Section 4-16 of the City of McHenry Municipal Code is repealed and replaced with the following provisions: A. No person holding a license issued by the City shall, in the conduct of the licensed business or upon the licensed premises, either directly or through the agents or employees of the licensee: Violate or permit a violation of any federal law or state statute related to the control of liquor. 2. Violate or permit a violation of any City ordinance or resolution regulating the sale of alcoholic liquor or relating to the eligibility of the licensee to hold a liquor license. 3. Violate or permit a violation of any rule or regulation of the Illinois :Liquor Control Commission as revised from time to time. 4. Permit the sale and/or consumption of any alcoholic beverages outdoors absent a specific permit granted by the McHenry City Council. Exceptions to this restriction are the following: 1) outside sales and/or consumption from the hours of 11:00 a.m. to 5:00 p.m. during Sidewalk Sales on the Saturday preceding Parade Day during Fiesta Days; and 2) license holders conducting such outdoor sales or consumption as of April 21, 1999. 5. During Fiesta Days on Parade Day sell or service (a) carry out alcoholic beverages (not including packaged liquor sales); or (b) alcoholic beverages in non -original containers, such as plastic cups. Only original containers, such as cans, bottles or other glassware may be used. Chapter 4-16 Amendment, Liquor Page 1 6. Allow fighting, disorderly conduct or excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees of licensee, as defined in the McHenry City Code. To take place on the licensed premises or on, about and/or adjacent to the property where the licensed premises are located. 7. Allow patrons to serve or distribute alcoholic beverages to minors on the licensed premises or allow minors to drink alcoholic beverages on the licensed premises. 8. Fail to call the City Police Department upon the violation of any, City ordinance or state law relating to fighting, disorderly conduct or excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees on the licensed premises. B. Proof before the Liquor Control Commissioner of the facts which establish a violation of any federal law, state statute, City ordinance or resolution or rule of the Illinois Liquor Control Commission shall be sufficient cause for revocation, suspension and fine of any liquor licensee, irrespective of whether or not a conviction has been obtained in any court. In addition, the licensee shall be obligated to reimburse the City for all attorneys' fees incurred as a result of the prosecution of the offending licensee. i F-YK,' b It�} C. Pursuant to Resolution No.passed by the McHenry City Council and pursuant to 235 ILCS 5/7-9, all appeals from the decision of the City of McHenry Local Liquor control Commissioner shall be limited to a review of the official record of proceedings. SECTION 2: Section 4-6(1) Class A license held in the City of McHenry Municipal Code is repealed and replaced with the following provision: Class A license which shall authorize the retail sale of alcoholic liquors for consumption on the premises and retail sale of packaged liquors. The annual license fee for such license shall be $1,400. No more than twenty-five Class A licenses shall be in force in the City at one time. SECTION 3: The last paragraph in Section 4-22 closing Hours, of the City of McHenry Municipal Code is repealed and replaced with the following provision: Chapter 4-16 Amendment, Liquor Page 2 m On the morning of New Years Day, Memorial Day (observed), Independence Day (Fourth 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 hour for that date. Provided, however, when the above holidays fall on Sunday, regular 2:00 a.m. closing times shall apply. 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 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. 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. Voting Aye: BOLGER, GLAB, MCCLATCHEY, MURGATROYD, BAIRD. Voting Nay: NONE . Absent: NONE. Abstain: NONE. APPROVED: (SEAL) ATTES City Clerk Pamela J. lthoff Passed: 4/21 /99 Approved: 4/21/99 ayor Steven" . Cuda Chapter 4-16 Amendment, Liquor Page 3 12 A RESOLUTION NO. R -99- A Resolution Providing for the Appeal Process from an Order of the Liquor Control Commissioner. WHEREAS, the City of McHenry, Illinois, a unit of local government existing under the Constitution and the laws of the State of Illinois, has passed and approved an Alcoholic Beverage Ordinance; and WHEREAS, said Ordinance has been adopted as a part of the City of McHenry Municipal Code and is designated as Chapter 4 entitled "Alcoholic Beverages"; and WHEREAS, City of McHenry Municipal Code Chapter 4 specifies procedures for providing a Public Hearing by the Local Liquor Commission for complaints against Liquor License Holders and the pursuant action which may be taken; and WHEREAS, Section 7-9 of the Illinois Liquor Control Act of 1934 (235 ILCS 5/7-9) ("Act") provides that the appeal from an order of the Local Liquor Control Commissioner shall be limited to a review of the official record of the proceedings of such Local Liquor Control Commissioner if the City Council has adopted a resolution requiring that such review be on the record; and WHEREAS, the City of McHenry deems it is in its best interest to adopt a resolution as provided for in Section 7-9 of the Act. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of McHenry, that, pursuant to 235 ILCS 5/7-9, all appeals from the decision of the City of McHenry Local Liquor Control Commissioner shall be limited to a review of the official record of proceedings. This resolution shall apply to all appeals filed after the effective date of its passage by the City Council. Passed and Approved this 21sT day of APRIL , 1999 Mayor Attest: Cit Clerk Alf