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SECTION 1: That Section 4-16 of the City of McHenry Municipal Code is repealed and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.
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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