2023-79 Ordinance Amending City Code Chapter 52 Alcoholic Liquor

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ORDINANCE NO. 3OZ-1 9 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, 5, 7, 8, 9, 10, 11, 15, 17, 20, and 36 so that Sections 4, 5, 7, 8, 9, 10, 11, 15, 17, 20, and 36 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 B, under which alcoholic liquors may be sold only in packages for consumption off the licensed premises, which said Class B license shall not be issued for any premises located within One Thousand (1,000) feet of any church, school, park or subsidized disabled adult and elderly multi-story housing facility, unless the sale of alcoholic liquors is not the principal business carried on at any such location by such licensee, nor shall such Class B license be issued for any premises situated in any Residence, Office or Park Mobile Home District established by the Zoning Ordinance. The prohibition regarding distance from churches, schools, parks, or subsidized disabled adult and elderly multi-story housing facilities shall not apply to premises licensed on October 4, 2004, and continuously so licensed since that date. The restriction of off-premise sales shall not apply to sampling or test marketing. Video gaming shall be prohibited in establishments that possess a Class B license. Class BYOB,under which a business premises that is not licensed to sell alcohol is authorized to allow for the consumption of beer and wine brought onto the premises by a patron over the age of twenty-one (2 1) 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 and 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.