2012-94 AMENDING CITY CODE - CHAPTER 52 - ALCOHOLIC LIQUOR

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ORDINANCE NO. 2012-94 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 adding a new Class M license classification thereto to provide as follows: 4. LICENSE CLASSIFICATIONS. Class M, under which the licensed premises may be a retail store of not less than Fifteen Thousand (15,000) square feet and in which the licensee has invested therein not less than One Million Dollars ($1,000,000.00), which investment may include the capitalized value of the first ten (10) years only of a leasehold interest as reasonably determined by the Finance Director of the City of Decatur using generally recognized accounting practices. Said licensed premises may only be located in a Planned Development or B-3 Planned Shopping Center District. A Class M license shall authorize liquor to be sold in packages between the hours of 9:00 A.M. and 10:00 P.M. for consumption off of the licensed premises. No drive through, walk-up or drive-up liquor sales shall be permitted on the premises. A Class M license shall be personal to the licensee and exclusively limited to the premises. Section 2. That Chapter 52 of the City Code of the City of Decatur, Illinois, be, and the same is hereby further modified and amended at Chapter 37 thereof, so that as so modified and amended, said Section 37 shall provide as follows: Section 37. Except as otherwise provided in Section 4 (M) of this Chapter, no license shall be issued for the sale at retail of any alcoholic liquor within five hundred (500) feet of any church or school, other than an institution of higher learning; provided that, this prohibition shall not apply to hotels offering restaurant service, regularly organized clubs, or to restaurants, food shops or other places where sale of alcoholic liquors is not the principal business carried on. This prohibition shall not apply to locations licensed on December 18, 1995, or to locations where a church or school has been established within 500 feet since the issuance of the most recent license. The distance of 500 feet shall be measured from the property boundary of the license premises to the property boundary of the church or school, except for