File #: 19-438    Version: 1
Type: Ordinance Status: Agenda Ready
File created: 4/29/2019 In control: City Council
On agenda: 5/7/2019 Final action:
Title: Conduct the first reading of an ordinance amending Sections 3-3-3, 3-3-5, 3-3-10, 3-3-11, 3-3-12 and 3-3-14 of the Naperville Municipal Code pertaining to liquor license applications, liquor and tobacco violation penalties, liquor license and permit classifications, liquor license restrictions, and unlawful acts and conditions pertaining to liquor.
Attachments: 1. Liquor Code Revisions, 2. February Liquor Commission Meeting Minutes, 3. Draft April Liquor Commission Meeting Minutes, 4. DNA Email Regarding BYOB
Related files: 19-438B
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CITY COUNCIL AGENDA ITEM

ACTION REQUESTED:
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Conduct the first reading of an ordinance amending Sections 3-3-3, 3-3-5, 3-3-10, 3-3-11, 3-3-12 and 3-3-14 of the Naperville Municipal Code pertaining to liquor license applications, liquor and tobacco violation penalties, liquor license and permit classifications, liquor license restrictions, and unlawful acts and conditions pertaining to liquor.
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DEPARTMENT: Legal Department

SUBMITTED BY: Jennifer Lutzke, Senior Assistant City Attorney

BOARD/COMMISSION REVIEW:
The Liquor Commission considered revisions that were presented on April 4, 2019 and voted unanimously to recommend approval of the text amendments.

BACKGROUND:
The City has local liquor license regulations for the sale of retail and service of alcohol beverages within the City. The City's current liquor license regulations do not specifically address the ability to bring your own bottle (BYOB) into a public establishment. Balboa's Cheesesteaks expressed an interest in allowing the consumption of beer and wine brought onto its premises by patrons and asked if the City would consider an amendment to its liquor license and permit classifications.

Section 11-42-10.1 of the Illinois Municipal Code (65 ILCS 5/11-42.10.1) allows municipalities to license and regulate businesses operating as public accommodations that permit the consumption of alcohol on the premises.

The City previously had a BYOB license classification. The license restricted BYOB to the consumption of wine and allowed for consumption after 5:00pm on Monday through Friday with no time restrictions on weekends. On April 8, 2009, City Council eliminated the BYOB license classification due to a lapse in utilization. Contemporaneously, City Council created a provision allowing Class A - Restaurant, Class B - Restaurant and Tavern, Class I - Hotel/Motel, and Class J - Hotel/Motel and Tavern licensees to permit patrons to bring a bottle of wine onto the licensed premises for consumption i...

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