===== PDF PAGE 29 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO CITY COUNCIL AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: __7. A. Ordinance No. 23-0-0014 — Amending the Liquor Code — Various Provisions FILE NUMBER: COMMITTEE AGENDA DATE: N/A COUNCIL AGENDA DATE: 07/03/2023 STAFF REVIEW: SIGNATURE APPROVED BY CITY ADMINISTRATOR: SIGNATURE ITEM SUMMARY: This Ordinance incorporates changes to the Liquor Code: new license categories for craft breweries; eliminating the square footage requirement for hard alcohol sales for restaurants; permitting to go alcoholic drinks as was done during the Emergency Declaration; and allowing for grocery stores that provide home delivery to allow alcohol to also be sold in that manner. STAFF RECOMMENDATION: Staff recommends adoption of Ordinance No. 23-O-0014. COMMITTEE RECOMMENDATION: The Liquor Control Commission members, informally and individually, directed that this item go directly to the City Council as it has been on the elected officials’ radar for several months now via the Weekly Update, with no concerns raised. ===== PDF PAGE 30 ===== [Extraction: OCR (rendered-page OCR)] ORDINANCE NO. 23-0-0014 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST CHICAGO, CHAPTER 3, SECTIONS 3-10, 3-31 AND 3-32 ESTABLISHING ALCOHOLIC BEVERAGE LICENSE CLASSIFICATIONS FOR BREW PUBS AND BREW FACILITIES AND REGULATIONS REGARDING DELIVERY SERVICES AND “PICK-UP” OR CARRYOUT SALES WHEREAS, the City of West Chicago (hereinafter referred to as the “City”) is a body politic and corporate, organized and existing pursuant to the Illinois Municipal Code, 65 ILCS 5/1- 1-1 et seq.; WHEREAS, the City possesses the authority, pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq., to adopt ordinances and pass resolutions pertaining to the public health, safety, welfare and government functions; and WHEREAS, the City Council of the City (hereinafter referred to as the “City Council”) is the corporate authority for the City and is authorized by law to exercise all powers provided for thereby and to control the affairs of the City, including the retail sales and distribution of alcoholic beverages; and WHEREAS, the City Council possesses full power and authority to approve and pass all necessary ordinances, resolutions, rules and regulations necessary for carrying into effect the objects for which the City was formed, in accordance with the Illinois Municipal Code; and WHEREAS, the Illinois Liquor Control Act, 235 ILCS 5/4-1 et seq. (hereinafter the “Act”), authorizes municipalities to license, control and restrict the sales of alcoholic beverages within their boundaries; and WHEREAS, pursuant to its home-rule powers and the Act, the City has enacted an Ordinance regulating the sales, delivery, serving, and consumption of alcoholic beverages at Sec. 3 et seq. of the Code of Ordinances of the City of West Chicago (hereinafter the “Code”); and WHEREAS, the City’s Liquor Control Commission has recently reviewed the existing provisions relative to the retail sale and distribution of alcoholic beverages and has recommended various revisions to Ordinances, as codified in Chapter 3 Alcoholic Beverages in the Code; and WHEREAS, the City Council has reviewed the requested revisions and has determined that the revisions are reasonable and appropriate to update the City Code relative to the retail sale and distribution of alcoholic beverages in the City. NOW, THEREFORE, be it ordained, by the City Council of West Chicago as follows: Section 1. That the foregoing recitals shall be and are hereby incorporated as findings of fact as if said recitals were fully set forth herein. ===== PDF PAGE 31 ===== [Extraction: OCR (rendered-page OCR)] Section 2. This Ordinance and each of its terms shall be the effective legislative act of the home rule municipality, without regard to whether such Ordinance contains terms contrary to the provisions of the current or subsequent non-preemptive state law. It is the intent of the corporate authorities of the City that, to the extent that the terms of this Ordinance are inconsistent with any non-preemptive state law in that regard within its jurisdiction, that any parts of this Ordinance not in conflict therewith remain valid and enforceable. Section 3. All ordinances and resolutions or parts of ordinances and resolutions in conflict with the provisions of this Ordinance are hereby repealed insofar as they conflict herewith. Section 4. Any provision of the Ordinance deemed invalid shall not invalidate the remaining provisions hereof and shall remain in full force and effect. Section 5. This Ordinance shall be in full force and effect from the date of passage, as provided for by law. Section 6. That Chapter 3 of the Code of Ordinances of the City of West Chicago is hereby amended as follows: Chapter 3 - ALCOHOLIC BEVERAGES ARTICLE II. - LICENSING Sec. 3-10. - Classifications. On premise restaurant license—Class A. Class A-1 license authorizes the retail sale, on the premises specified, of alcoholic liquor by the drink for consumption on restaurant premises. Alcoholic liquor may only be sold during the period when regular food service from the restaurant is available. All liquor service shall be from a service (m)___ Brew Pub Restaurant—Class M. Class M license authorizes the retail sale, on the premises specified, of alcoholic liquor and beer produced on the premises for consumption on brew pub restaurant premises and the retail sale of beer produced on the licensed premises in original packages, unopened only, for off-premise consumption. (n) Brewing Facility—Class N. Class N license authorizes the consumption of craft beer, on the premises specified, and the retail sale of craft beer for consumption off the licensed premises where the premise is that of a brewing facility as defined herein. On-premise consumption shall be limited to ===== PDF PAGE 32 ===== [Extraction: OCR (rendered-page OCR)] the retail portion of the licensed premises, which shall not exceed three thousand (3,000) square feet, except during supervised tours and private events. Product sampling shall be permitted in accordance with State law at no charge. Patrons under the age of twenty-one (21) shall be allowed on the premises when accompanied by an individual twenty-one (21) years of age or older, however, classes and seminars shall be limited to patrons twenty-one (21) years of age or older. ARTICLE IV. - ADMINISTRATION AND ENFORCEMENT Sec. 3-31, — “Pick-Up” or Carryout Sales (a) Only Class A, E and L liquor licenses may provide “Pick-Up” Sales in accordance with the type of license they hold, and subject to the following restrictions: (1) Mixed drink. Any beverage obtained by combining ingredients alcoholic in nature, whether brewed, fermented or distilled, with ingredients non-alcoholic in nature, such as fruit juice, lemonade, cream or a carbonated beverage. (2) Original container. A container that is filled, sealed and secured by a retail licensee’s employee at the retail licensee’s location with a tamper-evident lid or cap. (3) Sealed container. A rigid container that contains a mixed drink, is new, has never been used, has a secured lid or cap designed to prevent consumption without removal of the lid or cap and is tamper-evident. Sealed container does not include a container with a lid with sipping holes or openings for straws or a container made of plastic, paper or polystyrene foam. (4) Tamper evident. A lid or cap that has been scaled with tamper-evident covers, including, but not limited to, wax dip or heat shrink wrap. (5) Zo go. The sale of alcoholic liquor for off-premises consumption via pick-up only by the purchaser at the licensee’s location. (b) Pre-packaged beer, wine and mixed drinks placed in a sealed container at the licensee’s location, may be transferred and sold for off-premises consumption only if: (1) Such sale occurs in conjunction with a food purchase; (2) Said transfer is for pick-up at the licensee’s location: and (3) Such sale is facilitated by an employee of the licensee who is twenty-one (21) years of age or older. Sec. 3-32. — Delivery Service (a) For the purposes of this Section, “delivery” shall mean the movement of beer, wine or alcoholic liquor purchased from a licensee to a consumer through the following methods: (1) Delivery within the licensee’s parking lot, including curbside, for pickup by the consumer; (2) Delivery by an owner, officer, director, shareholder, or employee of the licensee; or ===== PDF PAGE 33 ===== [Extraction: OCR (rendered-page OCR)] (b) (3) Delivery by a third-party contractor, independent contractor, or agent with whom the licensed retailer has contracted to make deliveries of beer, wine or alcoholic liquors. Beer, wine or alcoholic liquor delivered to any address located within the City which does not hold a valid liquor license is subject to the following restrictions: (1) Delivery must be made by an individual at least twenty-one (21) years of age or older. (2) Deliveries shall be made only within twelve (12) hours from the time the alcoholic liquor leaves the licensed premises for delivery. (3) Adequate evidence of proof of age should be produced to the delivery agent in all instances of delivery. (4) Unless otherwise restricted by State law, only Class A, E, and L liquor license holders may deliver beer, wine or alcoholic liquor in accordance with the type of liquor license they hold. (5) Allow Class C-2 licensees that offer delivery service of groceries to also deliver packaged alcoholic beverages. PASSED THIS ___ day of June, 2023. Alderman D. Beebe Alderman L. Chassee Alderman J. Sheahan Alderman A. Hallett Alderman M. Birch-Ferguson Alderman C. Swiatek Alderman J. Short Alderman J. Morano Alderman H. Brown Alderman C. Dettmann Alderman S. Dimas Alderman J. Smith Alderman R. Stout Ward 7 Alderman HLT = Q B APPROVED as to form: Patrick K. Bond, City Attorney APPROVED this ___ day of June, 2023. ATTEST: Ruben Pineda, Mayor Valeria Perez, Executive Assistant PUBLISHED: ===== PDF PAGE 34 ===== [Extraction: OCR (rendered-page OCR)] Trem # 7.6. ORDINANCE NO. 23-0-0020 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST CHICAGO - CHAPTER 3, SECTION 3-12 (C) INCREASING CLASS A-1 (MANNY’S BISCUITS AND GRAVY CAFE INC.) LIQUOR LICENSE WHEREAS, the Illinois Liquor Control Act, 2351LCS 5/4-1 et seq., authorizes municipalities to determine the kind and classification of liquor licenses; and WHEREAS, the City Council of the City of West Chicago has determined that it is appropriate to amend the Class A-1 Liquor License category (Manny’s Biscuits and Gravy Café Inc.) by increasing the number of licenses from 4 to 5. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST CHICAGO, ILLINOIS, IN REGULAR SESSION ASSEMBLED AS FOLLOWS: SECTION 1. That Section 3-12 (c) “Records, number of licenses” is hereby amended as follows: "(c) There shall be no more than the following number of licenses issued for each class: SECTION 2. That all ordinances and resolutions, or parts thereof, in conflict with the provisions of this Ordinance are, to the extent of such conflict, expressly repealed. SECTION 3. That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. PASSED this 3" day of July 2023. Alderman D. Beebe ee Alderman L. Chassee _ Alderman J. Sheahan ee Alderman H. Brown _ Alderman A. Hallett _ Alderman C. Dettmann ee Alderman M. Birch Ferguson Alderman S. Dimas ee Alderman J. Smith, Jr. ee Alderman C. Swiatek ee Alderman R. Stout ee Alderman J. Short ee Alderman J. Morano VACANT Ordinance 23-O0-0020 Page | of 2 ===== PDF PAGE 35 ===== [Extraction: OCR (rendered-page OCR)] APPROVED as to form: City Attorney APPROVED this 3" day of July 2023. Mayor Ruben Pineda ATTEST: Valeria Perez, Executive Office Manager PUBLISHED: Ordinance 23-O0-0020 Page 2 of 2