2023-01 Ordinance Amending City Code Chapter 52 Alcoholic Liquor

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ORDINANCE AMENDING CITY CODE -CHAPTER 52- -ALCOHOLIC LIQUOR— BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF DECATUR, ILLINOIS: Section 1. That Chapter 52 of the City Code of the City of Decatur, Illinois, be, and the same is hereby modified and amended by amending Sections 4 and 10, so that Sections 4 and 10 as so modified and amended, shall provide as follows: 4. LICENSE CLASSIFICATIONS. Classes of local liquor licenses are hereby established and are hereby authorized as follows:... ...Class L, under which the licensed premises may only be a retail store of not more than 5,000 square feet and in which the licensee has invested therein not less than Fifty Thousand Dollars ($50,000.00) (which may include the capitalized value of the first five (5) years only of a leasehold interest) as reasonably determined by the Local Liquor Control Commissioner using generally recognized accounting practices, which said Class L license shall not be issued for any premises located within two hundred(200)feet of any church,school,or subsidized disabled adult and elderly multi-story housing facility. Said licensed premises must be located in the B-4 Central Business District of downtown Decatur. A Class L license shall authorize the sale of alcoholic liquor to be sold for consumption on or off of the licensed premises between the hours of 10:00 A.M. and 10:00 P.M. No video gaming, drive through, walk-up or drive-up liquor sales shall be permitted on the premises. A Class L license shall be personal to the licensee and exclusively limited to the premises and shall not be used for any premises situated in any Residence, Office, Park Mobile Home or Neighborhood Shopping District established by the Zoning Ordinance. Issuance of this Class shall be limited to two(2). Class L licenses are non-transferrable. ... ...Class BYOB, under which a licensed premises is authorized to allow for the consumption of beer and wine brought onto the premises by a patron over the age of twenty-one (21) for on-site consumption on the premises of a restaurant, which does not otherwise possess a City of Decatur liquor license. BYOB shall only be permitted in conjunction with the purchase of consumption of a meal, is limited to the licensed premises, and is limited to no more than one (1) seven hundred fifty (750) milliliter bottle of wine or thirty-six (36) ounces of beer. The establishment may provide glassware and ice to patrons,and may uncork,pour,serve or otherwise control the consumption of the beer or wine. A certificate of insurance reflecting coverage for dram shop or equivalent liability for BYOB service shall be provided upon application. Video gaming shall be prohibited in establishments that possess a Class BYOB license.... ...10. NUMBER OF LICENSES. The issuance of a maximum number of Class A licenses is limited to 40 and the issuance of a maximum number of Class B licenses is limited to 53. There shall be no maximum number for the issuance of the respective Class C, Class D,Class E, Class F, Class G, Class I, Class J, Class K, or Class O licenses. Issuance of Class H licenses is limited to 1. Issuance of Class L is limited to two (2). Issuance of Class M and Class N licenses is limited to three(3). Issuance of Class P licenses is limited to 20.If on August 29,2016,premises