File #: 24-0193B    Version: 1
Type: Ordinance Status: Passed
File created: 2/26/2024 In control: City Council
On agenda: 3/5/2024 Final action: 3/5/2024
Title: Pass the ordinance amending Sections 3-3-11:1 and 3-3-11:3 of the Naperville Municipal Code by allowing for the serving of 25 oz. to 32 oz. of draft beer/cider containing not more than 5% alcohol by volume in a single container before 10:00 p.m. with a limit of one per patron per visit for Class B - Restaurant and Tavern liquor license holders
Attachments: 1. 24-0144 - Block 59 Project Liquor Commission Meeting - FINALv2, 2. DRAFT LC Minutes 020824, 3. Class B Ordinance (Revised 2024_02_26)
Related files: 24-0193
CITY COUNCIL AGENDA ITEM

ACTION REQUESTED:
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Pass the ordinance amending Sections 3-3-11:1 and 3-3-11:3 of the Naperville Municipal Code by allowing for the serving of 25 oz. to 32 oz. of draft beer/cider containing not more than 5% alcohol by volume in a single container before 10:00 p.m. with a limit of one per patron per visit for Class B - Restaurant and Tavern liquor license holders
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DEPARTMENT: Legal Department

SUBMITTED BY: Jennifer Bonner, Senior Assistant City Attorney

BOARD/COMMISSION REVIEW:
On February 8, 2024, the Liquor Commission considered Brixmor's request to increase the serving size of beer and cider to thirty-two (32) ounces. The Liquor Commission recommended allowing for the serving of thirty-two (32) ounces of draft beer/cider in a single container with a limit of one per patron per visit for Class B - Restaurant and Tavern liquor license holders by a 3-2 vote. Draft minutes from the February 8, 2024 Liquor Commission meeting are attached.

BACKGROUND:
Section 3-3-12:3 of the Naperville Municipal Code sets forth serving sizes for alcoholic drinks for on-premises consumption. Unless a lower serving size is specifically delineated in an on-premises liquor license class, serving sizes are limited to twenty-four (24) ounces of beer or cider, six (6) ounces of wine, or three (3) ounces of spirits with exceptions for wine by the bottle or carafe.

The City was contacted by Brixmor, which is spearheading redevelopment of the shopping center at the corner of Route 59 and Aurora Avenue, about increasing the serving size limit to thirty-two fluid (32) ounces of beer or cider. One tenant, Yard House offers a thirty-two (32) ounce serving of beer/cider, which is dubbed "the half-yard" as a signature menu item. Brixmor has represented that without the increase in serving size then this restaurant may not open.

DISCUSSION:
Brixmor stated that the restaurant owners have not encountered serving size restrictions previously despite having l...

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