CITY OF MONTICELLO PIATT COUNTY, ILLINOIS ORDINANCE NO. 2017-58 AN ORDINANCE GRANTING AUTHORITY FOR THE EXTENSION OF AN EXISTING LIQUOR LICENSE TO TEMPORARILY INCLUDE SPECIFIC PUBLIC PROPERTY FOR A SPECIFIC DURATION (EAST END TAVERN, SEPTEMBER 16, 2017) PASSED BY THE CITY COUNCIL CITY OF MONTICELLO THIS 14 th DAY OF AUGUST, 2017 Published in pamphlet form by authority of the City Council of the City of Monticello, Piatt County, Illinois, this 15 th day of August, 2017.
CITY OF MONTICELLO PIATT COUNTY, ILLINOIS ORDINANCE NO. 2017-58 AN ORDINANCE GRANTING AUTHORITY FOR THE EXTENSION OF AN EXISTING LIQUOR LICENSE TO TEMPORARILY INCLUDE SPECIFIC PUBLIC PROPERTY FOR A SPECIFIC DURATION (EAST END TAVERN, SEPTEMBER 16, 2017) WHEREAS, the City of Monticello ( City ) is an Illinois Municipal Corporation organized and operating under the Illinois Municipal Code, 65 ILCS 5/1-1-1, et seq., and all laws supplemental thereto; and WHEREAS, the Liquor Control Act of 1934, 235 ILCS 5/1-1 et seq., gives the City authority to regulate the provision and consumption of liquor within its borders, and the City has heretofore enacted such regulations, codified in Title XI, Chapter 111 of its City Code; and WHEREAS, Title XI, Chapter 111, Section 111.048 of the City Code provides that the City Council may, by Ordinance, extend an existing liquor license to temporarily include public property, in accordance with terms of the City Council stated in such Ordinance; and WHEREAS, the City Council has considered a request by the East End Tavern, LLC., an existing license holder located at 116 E. Washington Street in Monticello, to temporarily extend its license outside to the portion of Washington Street and its sidewalks between Independence Street and State Street (as generally depicted on Exhibit A hereto) for a special event on September 16, 2017, between the hours of 5:00PM and 1:00AM (September 17, 2017); and WHEREAS, the City Council considers this event to be in the public interest and is willing to authorize the temporary extension of the East End Tavern s liquor license, subject to certain limitations, restrictions and requirements stated herein. NOW THEREFORE, be it ordained by the City Council of the City of Monticello, Piatt County, Illinois as follows. - 2 -
1. Recitals and Severability. The Mayor and Alderman hereby find that the foregoing recitals are a full, complete and accurate representation of the purpose and intent of this Ordinance, direct that the Ordinance be liberally construed to accomplish the purpose and intent herein described, and incorporate the recitals the same as though fully set forth herein. In the event that any provision or application of this Ordinance is found invalid or unenforceable, it is the desire of the Mayor and Alderman for the court making such finding to treat the remaining provisions and alternate applications as severable from the invalidity or unenforceability and to remain in full force and effect to the maximum extent permitted by law. 2. Temporary Extension of Liquor License. The liquor license held by the East End Tavern, LLC. ( Licenses ), located at 118 ½ E. Washington Street in Monticello, is to temporarily extend its license outside to the portion of Washington Street and its sidewalks between Independence Street and State Street (as generally depicted on Exhibit A hereto) for a special event on September 16, 2017, between the hours of 5:00PM and 1:00AM (September 17, 2017) (the Special Event ), is subject to the following limitations, restrictions and requirements: (a) Beverage service at the Special Event conducted by Licensee shall start not earlier than 5:00 PM on September 16 th, 2017, nor last later than 1:00 AM on September 17 th, 2017. This authorization does not extend beyond this period, beyond the limits of the Libation Area, to any other use besides the Special Event, nor to the benefit of anyone other than the Licensee. (b) The Licensee shall, within eight (8.0) hours after the time when alcohol service and consumption must end, in accordance with subsection (a) above, remove all refuse, litter, debris, garbage and the like from the Libation Area and the area immediately surrounding the Libation Area to the extent that any refuse, litter, debris or garbage is present outside of the Libation Area as a result of the Special Event. In the event that Licensee does not remove all refuse, litter, debris, garbage and the like within this eight (8) hour period, the City may, without further notice to the Licensee, remove all refuse, litter, debris, garbage and the like from the Libation Area and area immediately surrounding it, and invoice the Licensee for the costs. (c) Licensee is solely responsible for access to, supervision of and security for the Special Event within the Libation Area. No minors shall be allowed within the Libation Area, and identifications shall be checked by servers, as appropriate, to ensure that there is no such service. Signs shall be posted at the entrances to and exists from the Libation Area, advising guests that alcoholic liquors may not be removed from the - 3 -
Libation Area and minors are not allowed within the Libation Area, and the Licensee shall monitor and enforce such restriction. (d) Licensee shall procure and maintain, during the entire Special Event, liability insurance against property damage and personal injury naming the City of Monticello, its elected and appointed officials, employees, agents and volunteers as additional insureds, in coverage amounts acceptable to the City Administrator. The Licensee must also procure and maintain dram shop liability coverage with a limit of not less than $1,000,000 per occurrence, also naming the City of Monticello, its elected and appointed officials, employees, agents and volunteers as additional insureds. The Licensee shall provide the City Administrator certificate(s) of such insurance prior to beginning setup for the Special Event, and the Special Event is contingent upon such provision. The property identified as the Libation Area herein must fall within the policy terms as stated on the certificate(s) of insurance. Any outside vendors must also provide a certificate of insurance allowing an off-premises event and naming the City of Monticello, its elected and appointed officials, employees, agents and volunteers as additional insureds. (e) The Licensee must sign an indemnification and hold harmless agreement, providing that the Licensee agrees to indemnify, defend and hold the City, its officers, employees, agents and volunteers harmless from any loss, damage, expense, claim and cost of every nature and kind whatsoever, including attorney s fees, arising out of or in connection with the Licensee s use of the City s property at, during, or in conjunction with the Special Event. (f) Any violations of this Ordinance shall be punishable by a fine of not less than $50.00, nor more than $500.00. A separate offense shall be deemed committed on each day, or part thereof, on which a violation continues. Any violation of this Ordinance shall also be grounds for the revocation of the original license held by the Licensee. 3. Effective Date. That this Ordinance shall be effective forthwith upon its passage and approval, and its publication in pamphlet form, as may be required by law. Passed by the City Council of the City of, this 14 th day of August, 2017, by the following roll-call vote: AYES: JONES, CLARK, MILLER, KEATING, MELTON NAYS: NONE ABSENT: BROWN, REED, BROCK Pamela Harlan, City Clerk of the City of - 4 -
Approved by the Mayor of the City of Monticello this 14 th day of August, 2017. ATTEST: Larry Stoner, Mayor of the City of Pamela Harlan, City Clerk of the City of - 5 -
CERTIFICATE I, Pamela Harlan, City Clerk of the City of, do hereby certify that the foregoing and attached AN ORDINANCE GRANTING AUTHORITY FOR THE EXTENSION OF AN EXISTING LIQUOR LICENSE TO TEMPIRARILY INCLUDE SPECIFIC PUBLIC PROPERTY FOR A SPECIFIC DURATION (EAST END TAVERN, SEPTEMBER 16, 2017) is a true and correct copy of said Ordinance duly adopted and enacted by the City Council of the City of Monticello at its regular meeting on the 14 th day of August, 2017, by the following roll-call vote: ayes 5 ; nays 0 ; absent 3 ; and that the same was published by publication in pamphlet form on the 15 th day of August, 2017. Dated this 14 th day of August, 2017. Pamela Harlan, City Clerk of the City of - 6 -
Exhibit A 4827-7619-0519, v. 1-7 -