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An Ordinance Amending Chapter 112-Creating Section 112.44A-Temporary COVID 19 Outdoor Service Regulations
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WHEREAS, the Village of Romeoville is a home rule unit of government located in Will County, Illinois that has the authority to adopt ordinances pertaining to its government and affairs and to protect the health, safety and welfare of its residents; and
WHEREAS, the licensing and regulation of the sale of alcoholic beverages within the Village of Romeoville is a matter greatly affecting the health, safety, morals, and welfare of the residents of the Village of Romeoville; and
WHEREAS, the Village of Romeoville has the authority to regulate the sale of alcoholic beverages within the Village of Romeoville pursuant to Article 4 of the Liquor Control Act of 1934, 235 ILCS 5/4-1 et. seq.; and
WHEREAS, at the direction of the President and Board of Trustees of the Village of Romeoville, the Village staff has reviewed those ordinances of the Village of Romeoville pertaining to the licensing for the sale of alcoholic beverages within the Village of Romeoville; and
WHEREAS, based upon said review the President and Board of Trustees have determined that it is in the best interests of the health, safety, morals and welfare of the Village of Romeoville and its residents to revise Chapter 112 of the Village Code of Ordinances as hereinafter more fully set forth.
NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES FOR THE VILLAGE OF ROMEOVILLE, WILL COUNTY, ILLINOIS; THAT:
SECTION 1: RECITALS. The foregoing recitals are hereby incorporated into this Ordinance as if fully set forth herein.
SECTION 2: AMENDMENT TO CHAPTER 112-- All those provisions of all heretofore adopted Village ordinances presently codified as and for Chapter 112 of the Village Code of Ordinances shall be hereby be amended to add the following text, to be codified as and for a new Section 112.44A thereof:
112.44A During the pendency of the gubernatorial declaration of a state of emergency relating to COVID-19, and for so long as executive orders issued by the Governor of the State of Illinois and/or guidelines issued through the Illinois Department of Commerce and Economic Opportunity so require, Village liquor licensees holding liquor licenses within license classes A, B, C, D, F and G that are authorized to sell at retail for on premises consumption shall be permitted to offer the same for sale at retail for consumption at an outdoor/patio area associated with and available for the use of the licensee, provided, however, that the foregoing activity shall be conducted in compliance with such guidelines and policies as may be established by the Village from time to time with respect thereto (including but not limited to guidelines and policies established for the conduct of outdoor dining operations), and as may be established by the State of Illinois or any office or agency thereof. Upon the termination of the gubernatorial disaster declaration or the issuance of appropriate regulatory from the Governor’s office or other State of Illinois agency allowing full occupancy of the licensed premises in the same manner and to the same extent as the same was permitted prior to the gubernatorial disaster declaration, the authorization herein granted for outdoor retail sale and service of alcoholic beverages for on premises consumption shall terminate, without the necessity of further action by the Village or the Local Liquor Control Commissioner.
SECTION 3: SEVERABILITY. That the various provisions of this Ordinance are to be considered severable and if any part or portion of this Ordinance shall be held invalid by any Court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Ordinance.
SECTION 4: CONFLICTS. All prior Ordinances and Resolutions, or parts thereof in conflict or inconsistent with this Ordinance are hereby expressly repealed only to the extent of such conflict or inconsistency.
SECTION 5: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law.