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CITY OF WEST CHICAGO
CITY COUNCIL
AGENDA ITEM SUMMARY
ITEM TITLE: AGENDA ITEM NUMBER: TA.+ 6.
Amending the Alcoholic Beverages Code to Add
a Class C-6 Liquor License for the Sale of Beer, | FILE NUMBER:
Wine and Spirits at Gas Stations with Conven-
ience Stores that is Non-Transferrable COMMITTEE AGENDA DATE: N/A
Ordinance No. 25-O-0032 COUNCIL AGENDA DATE: October 6, 2025
Ordinance No. 25-O-0044
STAFF REVIEW: Kelley Chrisse, AICP, CEcD SIGNATURE Ni
ITEM SUMMARY:
The Class C-4 Liquor License has historically been tightly regulated in West Chicago, with the num-
ber of licenses reduced over the past two decades as gas stations closed or changed hands. The
City’s long-standing policy prohibited additional licenses of this type.
In November 2024, the City Council amended the C-4 License to allow other large-format gas station
convenience stores meeting minimum size requirements to apply for a license. However, the revised
license limited sales to beer and wine only. These restrictions were intended to level the playing field
between the existing C-4 license holder and other gas station operators in the community.
The existing C-4 license holder, which had previously been the only gas station convenience store in
the City authorized to sell liquor, requested reconsideration of the changes prior to the July 1, 2025
compliance deadline. The business explained that its investment and operations were structured
based on the original license terms, and the altered classification was not anticipated at the time of
the decision to invest in the redevelopment of their West Chicago location.
At the July 21, 2025 Council meeting, a new Class C-6 License was introduced that would authorize
the sale of beer, wine and spirits under restricted terms. Council referred the matter to the Liquor
Commission for review.
The Liquor Commission reviewed the proposal to create a Class C-6 License Classification at the
September 24, 2025 meeting. Key points raised included:
The C-4 revisions were originally intended to ensure fairness among similarly situated gas
station convenience stores.
The business's reliance on the original approval created a unique circumstance.
The Commission directed staff to draft an ordinance creating a Class C-6 License, permitting
beer, wine, and spirits sales, that would be non-transferable. If ownership changes, only a C-4
(beer and wine only) License could be sought.
Two ordinances are presented for consideration: 1) establishing a new C-6 License Classification;
and 2) confirming that such license is non-transferable. Approval would preserve the original invest-
ment reliance of the current business while preventing full liquor sales to future operators.

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ACTIONS PROPOSED:
e Consideration of Ordinance No. 25-O-0032 to create a new C-6 Liquor License Classification.
e Consideration of Ordinance No. 25-O-0044 to prohibit the transfer of a C-6 License upon
change of ownership.
COMMITTEE RECOMMENDATION:
This item did not go to a Committee and has been sent directly to the City Council from the Liquor
Commission.
Attachments:
1. Ordinance Creating C-6 License; and
2. Ordinance Prohibiting Transfer of C-6 License

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ORDINANCE NO. 25-0-0032
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF
THE CITY OF WEST CHICAGO TO DEFINE CERTAIN TERMS IN
ITS LIQUOR CODE AND TO CREATE A NEW LIQUOR LICENSE
CLASSIFICATION AND REGULATIONS ADDRESSING THE SALE
OF PACKAGED ALCOHOLIC BEVERAGES AT GAS STATIONS
WHEREAS, the City of West Chicago (hereinafter referred to as the “City’) is an Illinois home
rule municipality organized, operated and existing pursuant to Section 6(a), Article VII of the 1970 Illinois
Constitution; and
WHEREAS, the City, as a home rule unit of government, may exercise any power and perform
any function pertaining to its government affairs; and
WHEREAS, the Illinois Liquor Control Act, 235 ILCS 5/1-1. et seq. (“Act”), describes the
minimum regulation of liquor license establishments in the State of Illinois; and
WHEREAS, Article IV of the Illinois Liquor Control Act of 1934, 235 ILCS 5/4-1, et seq.,
authorizes the City to license and regulate the sale of alcoholic liquor within its boundaries, and to
determine the number, kind and classification of local liquor licenses, as well as the fees for such licenses
and to provide such further regulations and restrictions on the issuance and operations pursuant to such
local licenses; and
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 has adopted certain liquor license regulations designed to protect the health,
safety and welfare, which regulations are codified in Chapter 3 of the West Chicago Municipal Code
(“Liquor Code”); and
WHEREAS, the City is desirous of clarifying the meaning of certain terms utilized in its Liquor
Code; and
WHEREAS, the City has determined that it is in the best interest of the public health, safety and
welfare to create a new Class C-6 liquor license category for relatively large-scale gas station convenience
stores, allowing for the packaged sale of spirits, wine and beer at retail for off-premises consumption in
accordance with the regulations set forth in this Ordinance; and
WHEREAS, the Mayor and City Council of the City (hereinafter referred to as the “Corporate
Authorities”) desire to update and revise the City’s Liquor Code as set forth herein to create a new liquor
license classification and find that so doing is in the best interest of the City and consistent with the health,
welfare and safety of City residents and visitors.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
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CITY OF WEST CHICAGO, DUPAGE COUNTY, ILLINOIS, IN THE EXERCISE OF ITS HOME
RULE AUTHORITY, THAT THE CITY CODE BE AMENDED AS FOLLOWS, WITH ALL
EXISTING PROVISIONS OF THE CITY CODE NOT SET FORTH BELOW CONTINUING IN FULL
EFFECT AS PRESENTLY WRITTEN:
SECTION 1. Recitals. The foregoing recitals are incorporated as though fully set forth herein.
SECTION 2. Section 3-2 Amendment. That Chapter 3 (“Alcoholic Beverages”), Article I
(“General Provisions”), Section 3-2 (“Definitions”) of the Code of Ordinances of the City of West
Chicago, Illinois, shall be and hereby is amended as follows (additions are in bold, redline and
underlined) to define certain terms used throughout Chapter 3, with all currently-existing provisions of
the City Code remaining in full effect as written:
Sec. 3-2. — Definitions.
Alcoholic liquor. Alcohol, spirits, wine and beer, and every liquid or solid, patented or not,
including alcohol-infused spirits, containing alcohol, spirits, wine or beer and capable of
being consumed as a beverage by a human being, but not alcohol used in the manufacture of
denatured alcohol or any liquid or solid containing one-half of one per cent, or less, of alcohol
by volume.
Beer. A beverage obtained by the alcoholic fermentation of an infusion or concoction of
barley, or other grain, malt, and hops in water, and includes, among other things, beer, ale,
stout, lager beer, porter and the like.
Spirits. Any beverage which contains alcohol obtained by distillation, mixed with water or
other substance in solution, and includes brandy, rum, whiskey, gin, or other spirituous
liquors, and such liquors when rectified, blended or otherwise mixed with alcohol or other
substances.
Wine. Any alcoholic beverage obtained by the fermentation of the natural contents of fruits,
vegetables, or honey, containing sugar, including mead and such beverages when fortified
by the addition of alcohol or spirits
SECTION 3. Section 3-10 Amendment. That Chapter 3 (“Alcoholic Beverages”), Article II
(“Licensing”), Section 3-10 (“Classifications”) of the Code of Ordinances of the City of West Chicago,
Illinois, shall be and hereby is amended as follows (additions are in bold, redline and_underlined;
deletions in beld,redlineand-strikeout), to add a new liquor license category, with all currently-existing
provisions of the City Code remaining in full effect as written:
Sec. 3-10. — Classifications.
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(c) Package store license—Class C.
Class C-6 license authorizes the retail sale, on the premises specified, of alcoholic liquor,
including spirits, beer and wine in its original individual package, not for consumption
on the premises. To qualify for a Class C-6 license, the premises must be primarily
used _as a gas station, have a convenience store associated with it of at least three
thousand five hundred (3,500) square feet in size, and the license holder must have
held a C-4 license prior to December 16, 2024. The following additional requirements
apply to all Class C-6 licenses:
(1) The floor area devoted to alcoholic liquor sales within the convenience store
shall not exceed more than fifteen percent (15%) of the total retail sales
area and shall be in a segregated area, approved by the local liquor control
commissioner, so designed to be separate, distinct_and_ visible by an
employee working behind the counter where transactions occur;
(2) Beer in containers less than sixteen (16) ounces shall not be sold to any
person in quantities of less than six (6) cans or bottles. Sale of individual
bottles and cans is strictly prohibited;
(3) Wine shall not be sold in containers less than 750 ml; and
(4) Spirits shall not be sold in containers less than two (2) ounces; and
(5) Each transaction for the sale of alcoholic liquor shall be with point-of-
sale equipment that shall scan the identification of the customer as to
verify age.
SECTION 4. Section 3-12 Amendment. That Chapter 3 (“Alcoholic Beverages”), Article II
(“Licensing”), Section 3-12 (“Record Number of Licenses”) of the Code of Ordinances of the City of
West Chicago, Illinois, shall be and hereby is amended as follows (additions are in bold, redline and
underlined; deletions in beld,redline-and-strikeeut), to add a new liquor license category, with all
currently-existing provisions of the City Code remaining in full effect as written:
Sec. 3-12. — Classifications.
(c) There shall be no more than the following number of licenses issued for each
class:
Class C-6 ..... 1
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SECTION 5. Fee Schedule Amendment. That Appendix G (“Fee Schedule”) of the Code of
Ordinances of the City of West Chicago, Illinois, Section 8.1 (“Liquor Licenses”) be amended to add a
license fee for the C-6 liquor license classification as follows (additions are in bold, redline and
underlined), with all currently-existing provisions of the City Code remaining in full effect as written:
Appendix G
8.1 Liquor Licenses
Class C-6 .... $2,800.00
SECTION 6. Applicability. Existing liquor licensees in good standing in the City of West
Chicago are eligible to transfer to another liquor license classification, provided a license is available in
such other license classification, upon demonstrating eligibility for the new classification, paying any
applicable fee increase on a pro-rata basis for the remaining portion of the license term, and surrendering
licensee’s existing license upon the issuance of the new liquor license for the remaining balance of the
then-existing license term. Licensees possessing a current Class C-4 Liquor License in the City of West
Chicago are eligible for immediate transfer to a Class C-6 Liquor License for the remaining term of their
C-4 Liquor License without payment of additional fees.
SECTION 7. Severability. That this ordinance and every provision thereof shall be considered
severable. If any word, phrase, clause, sentence, paragraph, provision, section, or part of this ordinance is
found to be void, unconstitutional, or otherwise unenforceable, all remaining portions of this ordinance
not so declared void, unconstitutional, or unenforceable shall remain in full force and effect.
SECTION 8. Resolution of Conflicts. 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 9. Effective Date. That this ordinance shall be in full force and effect from and after
its passage, approval and publication in the manner provided by law.
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Adopted by the City Council of the City of West Chicago, DuPage County, Illinois this 6th day of
October, 2025.
VOTE:
Alderman J. Alcantar-Garcia Alderman D. Beebe
Alderman I. Santiago Alderman J. Sheahan
Alderman D. Carreto-Mufioz Alderman A. Hallett
Alderman M. Birch Ferguson
Alderman J. Smith, Jr.
Alderman R. Stout
Alderman J. Morano
Alderman S. Dimas
Alderman C. Swiatek
Alderman C. Avifia Soto
Alderman M. Myers
LTT
APPROVED as to form:
City Attorney
APPROVED this 6th day of October, 2025.
Daniel Bovey, Mayor
ATTEST:
Valeria Perez, Executive Office Manager
PUBLISHED:
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ORDINANCE NO. 25-0-0044
AN ORDINANCE AMENDING SECTION 3-13 OF THE CODE OF
ORDINANCES OF THE CITY OF WEST CHICAGO TO ADDRESS
CHANGES OF OWNERSHIP AND/OR ORGANIZATIONAL
MANAGEMENT OF AN EXISTING LIQUOR LICENSEE
WHEREAS, the City of West Chicago (hereinafter referred to as the “City”) is an Illinois
home rule municipality organized, operated and existing pursuant to Section 6(a), Article VII of
the 1970 Illinois Constitution; and
WHEREAS, the City, as a home rule unit of government, may exercise any power and
perform any function pertaining to its government affairs; and
WHEREAS, the Illinois Liquor Control Act, 235 ILCS 5/1-1. et seq. (“Act”), describes
the minimum regulation of liquor license establishments in the State of Illinois; and
WHEREAS, Article IV of the Illinois Liquor Control Act of 1934, 235 ILCS 5/4-1, et seq.,
authorizes the City to license and regulate the sale of alcoholic liquor within its boundaries, and to
determine the number, kind and classification of local liquor licenses, as well as the fees for such
licenses and to provide such further regulations and restrictions on the issuance and operations
pursuant to such local licenses; and
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 has adopted certain liquor license regulations designed to protect the
health, safety and welfare, which regulations are codified in Chapter 3 of the West Chicago
Municipal Code (“Liquor Code”); and
WHEREAS, Section 3-13 of the City Code prohibits the transfer of local liquor licenses
and requires licensees to report changes in ownership, managers, officers and directors to the local
liquor control commissioner, but only provides for license termination where the new owner,
partner, officer, director, manager, or stockholder would themselves be ineligible to hold a license;
and
WHEREAS, the Mayor and City Council (the “Corporate Authorities”) find and determine
that additional regulations are required to ensure that significant internal changes in organization
and ownership by corporations, partnerships, co-partnerships, limited liability companies, or other
non-natural “persons” holding liquor licenses will result in license termination in order to close a
loophole through which licensees could avoid the prohibition on the transferability of local liquor
licenses by instead transferring shares or changing corporate officers, members, managers,
partners of existing liquor licensees while preserving the name identity of the licensee; and
WHEREAS, the Corporate Authorities find that amending the City Code to address
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internal changes within corporate liquor licensees as provided herein will serve and advance the
public’s health, safety and welfare and be in the best interest of the Village and its residents insofar
as it will require overhauled liquor licensees — even where such new owners or officers are eligible
for licensure to actually apply for a new license.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF WEST CHICAGO, DUPAGE COUNTY, ILLINOIS, IN THE EXERCISE OF
ITS HOME RULE AUTHORITY, THAT THE CITY CODE BE AMENDED AS FOLLOWS,
WITH ALL EXISTING PROVISIONS OF THE CITY CODE NOT SET FORTH BELOW
CONTINUING IN FULL EFFECT AS PRESENTLY WRITTEN:
SECTION 1. Recitals. The foregoing recitals are incorporated as though fully set forth
herein.
SECTION 2. Section 3-13 Amendment. That Chapter 3 (“Alcoholic Beverages”),
Article I (“General Provisions”), Section 3-13 (“Transfer of License”) of the Code of Ordinances
of the City of West Chicago, Illinois, shall be and hereby is amended as follows (additions are in
bold, redline and underlined) to add a new subsection (c), addressing internal changes in, with
all currently-existing provisions of the City Code remaining in full effect as written:
Sec. 3-13. — Transfer of License.
@. Major Change to Licensee’s Business — Class C-6 License. Unless a new
liquor license application has been filed (i) at least thirty (30) days prior to the below-
described changes in ownership and (ii) conditionally approved by the local liquor
commissioner pending the consummation of the below-described internal personnel
changes constituting a deemed change of ownership, the existing C-6 liquor license
shall be terminated and become null and void upon the occurrence of the deemed
change of ownership. The occurrence of any one or more of the following events shall
be deemed to constitute a change in ownership of a C-6 licensed business for which a
new license shall be required in order for sales of alcoholic liquor to resume:
1. For any C-6 licensee that is a corporation or limited liability company, the
replacement or addition of any shareholder owning directly or indirectly
(including ownership by members of the same household) twenty five percent
(25%) or more of the outstanding shares of any class of the capital stock of
said corporation; provided that any sale or exchange of stock which results in
a_ change in controlling ownership under the bylaws of the C-6 corporation
shall_be deemed _to_be a change of ownership hereunder regardless of the
percentage of actual sale or exchange.
2. With respect to any C-6 licensee that is a general partnership, the replacement
or addition of any general partner.
3. With respect to any C-6 licensee that is a limited partnership, the replacement
or addition of any general partner or of any limited partner holding directly
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or indirectly (including ownership by members of the same household) twenty
five percent (25%) or more interest in the earnings of said limited partnership.
4. The operation of a C-6 licensed_business_by an unlicensed_individual_or
corporation under a management agreement which permits such unlicensed
individual or corporation to control and direct the operation of the business,
to retain all or a majority of the profits derived from such business, or to utilize
the privileges of the liquor license issued to another for such business for any
period in excess of thirty (30) days. A management agreement shall not be
deemed _ to include a contract for employment between a licensee and an
individual manager or managers, who operate the licensed business on behalf
of or at the discretion of the licensee.
5. AC-6 licensee’s form of ownership or organization changes other than from
an individual to a sole proprietorship, such as a change from an individual
person to a partnership, limited liability company or corporation, or from a
corporation, limited liability company or partnership to an individual.
SECTION 3. Severability.That this ordinance and every provision thereof shall be
considered severable. If any word, phrase, clause, sentence, paragraph, provision, section, or part
of this ordinance is found to be void, unconstitutional, or otherwise unenforceable, all remaining
portions of this ordinance not so declared void, unconstitutional, or unenforceable shall remain in
full force and effect.
SECTION 4. Resolution of Conflicts. 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 5. Effective Date. That this ordinance shall be in full force and effect
from and after its passage, approval and publication in the manner provided by law.
Adopted by the City Council of the City of West Chicago, DuPage County, Illinois this 6"
day of October, 2025.
VOTE:
Alderman J. Alcantar-Garcia Alderman D. Beebe
Alderman I. Santiago Alderman J. Sheahan
Alderman D. Carreto-Mufioz Alderman A. Hallett
Alderman S. Dimas Alderman M. Birch Ferguson
Alderman C. Swiatek Alderman J. Smith, Jr.
Alderman C. Avifia Soto Alderman R. Stout
Alderman M. Myers Alderman J. Morano
LTT
APPROVED as to form:
City Attorney
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APPROVED this 6" day of October, 2025.
Daniel Bovey, Mayor
ATTEST:
Valeria Perez, Executive Office Manager
PUBLISHED:
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