ORDINANCE NO. 953-AMENDING SECTION 110.16 OF THE CODE OF FARMER CITY

ORDINANCE NO. 953

AN ORDINANCE

AMENDING SECTION 110.16 OF THE CODE OF FARMER CITY

 

WHEREAS, the City of Farmer City has previously adopted regulations licensing businesses that sell or offer for sale at retail alcoholic liquor within the corporate limits of the City;

 

            WHEREAS, the City of Farmer City seeks to allow for winetasting and package wine sales at market-type events from time to time within the corporate limits of the City;

 

WHEREAS, The Mayor and the City Council of the City have determined that it is necessary to update the Code of Farmer City; and

 

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FARMER CITY, ILLINOIS, as follows:

 

Section 1 – Supplement and Amendment. That Section 110.16 “RETAILER’S LICENSES; CLASSES AND FEES” of Chapter 110: ALCOHOLIC LIQUORS be and the same is hereby supplemented and amended to a new subsection (I) thereof, which such subsection (I) shall provide as follows:

 

• 110.16 RETAILER’S LICENSES; CLASSES AND FEES

…

(I) Class I licenses, which shall authorize a holder of a State of Illinois issued liquor license to conduct Winetasting by a Winetasting Representative and/or the retail sale of Package Wine on the premises and during the hours of a Market Event. The semiannual fee for such licenses shall be $50 and $15 for each day the licensee conducts authorized Winetasting and/or Packaged Wine sales at a Market Event.

 

For the purposes of this section –

 

(1) “Winetasting” shall mean a supervised presentation of alcoholic products to the public at an off-premise licensed retailer for the purpose of disseminating product information and education, with consumption of alcoholic products being an incidental part of the presentation without any charge or any monetary compensation. Only products registered with the Commission may be tasted using glasses, cups or other containers which are capable of holding no more than one (1) ounce of wine each.

 

(2) “Package Wine” shall mean wine offered for sale, whether or not the license holder conducts Winetasting, in original containers which bear the wine manufacture’s label and which are corked, capped, or otherwise securely sealed at the place of manufacture.

 

(3) “Market Event” shall mean, but shall not necessarily be limited to, the Farmer City Chamber Farmers’ Market held in the City.

 

(4) “Winetasting Representative” means any person who holds a valid tasting representative license which has been issued by the Illinois Liquor Control Commission and who works under the direction of, is supervised by, or is employed by a person who holds a valid liquor license issued by the Illinois Liquor Control Commission.

 

(5) “Class I License Affidavit” means a signed and notarized affidavit stating that –

(a) the applicant shall not permit a consumer to take any cup, glass, or other container containing wine for tasting beyond the immediate adjacent area where the applicant will be offering the Winetasting;

(b) no person under the age of twenty-one (21) years shall be permitted to offer wine for wasting or offer Package Wine for sale;

(c) no person under the age of twenty-one (21) shall be offered wine for tasting or Package Wine for sale;

(d) only a holder of a liquor license or a Winetasting Representative shall be permitted to serve wine for tasting;

(e) the applicant is not disqualified from receiving a liquor license by reason of any matter or thing stated in the Farmer City Code or the laws of the State of Illinois;

(f) the applicant has not been convicted of any felony in any state or federal jurisdiction which otherwise would disqualify the applicant from receiving a Class I License;

(g) the applicant shall abide by the Farmer City Code and the laws of the State of Illinois in offering Winetasting and/or the sale of Package Wine;

(h) affirms that all statements made in the application for the Class I License are true and correct; and

(i) understands that by submitting the application and the information requested herein and thereby, along with the fees required, the City in its exercise of reasonable discretion may deny the application for the Class I License and, if denied, refund any fees tendered to the City for the Class I License.

 

(6) A Class I license application shall provide the following additional information in an application for such a license –

(a) names of Market Events for which the application is requested and the specific dates and times of each Market Events’ operation for which the Class I License is sought;

(b) addresses of where the Market Events are scheduled to operate;

(c) statement whether the applicant will be conducting Winetasting and/or Package Wine sales;

(d) names and contact information for each Winetasting Representative who will be responsible for handing the Winetasting, if applicable;

(e) a copy of the applicant’s current valid liquor license and each Winetasting Representative’s license, if applicable, issued by the Illinois Liquor Control Commission;

(f) a Class I License Affidavit; and

(g) other information as the Mayor deems appropriate.

 

Section 2 – The Mayor, acting as Liquor Commissioner, or the Mayor’s designee shall prepare or cause to be prepared such forms as are necessary and which are consistent with this Ordinance to implement the new Class I License provisions contained in this Ordinance.

 

Section 3 – If any provision, clause, sentence, or paragraph of this section or the application thereof to any person or circumstances shall be held valid, that invalidity shall not affect the other provisions of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.

 

Section 4 – The provisions of this Ordinance shall become effective following its passage, approval and publication as required by law. The City Clerk is hereby authorized and directed to cause this Ordinance to be published in pamphlet form.

 

 

This Ordinance is hereby passed by the affirmative vote, the “ayes” and “nays” being called, of a majority of the members of the City Council of the City of Farmer City, at a regular meeting of said Council on the ____ day of ___________, 2015, at which a proper quorum was present, by roll call vote, as follows:

 

Voting “aye” (names):            _______________________________________           

________________________________________           

Voting “nay” (names):            _________________________________________           

Abstained (names):                                                                                                                       

 

 

PASSED this ____ day of ___________, 2015.

 

 

                                                                       

City Clerk

 

 

APPROVED this ____ day of ___________, 2015.

 

 

                                                                       

Mayor