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An Ordinance Amending Chapter 112.33A(B)(1)-Class A. B. C License Off Premises Sale Endorsement
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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 112.33A(B)(1) of the Village Code of Ordinances shall be hereby amended to read as hereinafter set forth:
(1) No beer or wine may be sold by any licensee pursuant to an off-premises sale endorsement unless (i) in the case of beer, the original package in which such beer is sold consists of at least one single sealed package, container or its functional equivalent containing not less than 12 sealed cans or bottles of beer of not less than 12 ounces volume each, or containing the same or greater total volume in sealed cans, bottles, barrels or kegs none of which shall be less than 12 ounces volume each, or (ii) in the case of premium beer as defined in § 112.33(O), such premium beer is drawn from a tapped barrel or keg of such premium beer maintained by the licensee for on-premises sale and consumption, and dispensed into a container having a capacity of not less than 64 fluid ounces commonly known as a "growler" that is sealed after filling with a seal identifying the name and address of the licensee, and in a tamper-proof manner requiring the seal to be broken in order to open the container, and (iii) in the case of wine, the original package in which such wine is sold consists of at least one single sealed package, container or its functional equivalent containing not less than 750 mL.
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.