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An Ordinance Amending Chapter 112.33-Creating Class R License Classification
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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 112.33 of the Village Code of Ordinances shall be hereby be amended by the addition of the following text, to be codified as and for a new Chapter 112.33(R):
(R) Class R License. A Class R license shall authorize the shall authorize the retail package sale of alcoholic liquor for use or consumption at a locale other than the premises from where it was sold, and shall further authorize the holder thereof to permit the sale of premium beer and wine only to the exclusion of spirits for on-premises consumption in accordance with the limitations and conditions hereinafter set forth in this Chapter 112.33(R). The annual fee for a Class R license shall be $3,000.00. All sales of beer and wine for on-premises consumption conducted by a Class R licensee shall be conducted in accordance with the following limitations and conditions:
(1) Sales of premium beer and wine for on-premises consumption must be conducted from a physically distinct area consisting of not more than five percent of the Class R licensed premises, sometimes hereinafter referred to as a “tasting room”. The total area of any Class R licensed premises containing a tasting room shall consist of not less than 10,000 square feet. No gratuitous dispensation of premium beer or wine shall be permitted in connection with the operation of a tasting room.
(2) Alcoholic beverages offered for consumption on the Class R licensed premises shall be limited to premium beer, as defined in Chapter 112.33(O) and wine. No Class R licensee shall sell or offer spirits for on-premises consumption in connection with the operation of a tasting room.
(3) No Class R licensee shall serve more than 32 ounces of premium beer to a patron or more than 16 ounces of wine to a patron during any one calendar day, nor shall any Class R licensee serve both premium beer and wine to the same patron during any one calendar day.
(4) Class R licensees shall only offer premium beer and wine for on-premises consumption during the hours from 12:00 noon to 10:00 p.m.
(5) No Class R licensee shall derive more than 10 percent of its gross revenues in any 12 month period from the operation of a tasting room within the Class R licensed premises. All Class R licensees shall maintain documentation demonstrating compliance with the foregoing standard available for inspection on the request of the Local Liquor Control Commissioner.
(6) No Class R licensee shall at any time offer or permit the performance of any form of live entertainment within the Class R licensed premises.
(7) No Class R licensee shall be permitted to apply for or hold a video gaming terminal location endorsement under Chapter 112.33A.
(8) No Class R licensee shall permit any tasting room patron to bring any form of alcoholic beverage from outside of the Class R licensed premises into a tasting room for on-premises consumption, or to permit any tasting room patron to purchase premium beer or wine from the portion of the Class R licensed premises dedicated to retail sales of alcoholic beverages for off-premises consumption, and to thereafter consume the same within the tasting room.
(9) Class R licensees shall be prohibited from selling, providing or offering food for on-premises consumption within a tasting room, from permitting tasting room patrons to consume food within a tasting room whether purchased or obtained on or off the Class R licensed premises, and from inviting, permitting or authorizing any food truck licensed under the provisions from Chapter 129 from operating on or from any real property owned or controlled by any Class R licensee, including but not limited to any parking lot available for use by customers of the Class R licensed premises.
(10) All premium beer or wine to be served by a Class R licensee to patrons of a tasting room shall be served by an employee of the endorsement holder who has successfully completed a T.I.P.S. alcohol training and certification course conducted by the Police Department or a B.A.S.S.E.T. program approved by the Illinois State Liquor Control Commission within a period of one year immediately prior to the date(s) during which the Class R licensee proposes to serve such premium beer or wine as herein contemplated.
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.