Web Site: EAST PEORIA HOME OF THE FESTIVAL OF LIGHTS

To: Thru: From: The Honorable Mayor and the City Council Tom Brimberry, City Administrator Morgan Cadwalader, City Clerk 100 South Main Street East Peoria, Illinois 61611 Phone: (309) 698-4715 Fax: (309) 698-4747 David W. Mingus Mayor COMMISSIONERS Benjamin C. Joos Public Health & Safety Gary R. Densberger Dept. of Accounts & Finance Daniel S. Decker Dept. Streets & Public improvements Timothy J. Jeffers Dept. Public Property J. Thomas Brimberry City Administrator Morgan Cadwalader City Clerk Theresa L. Gualandi Treasurer/Comptroller Dick Ganschow Police Chief William J. Darin Fire Chief Ty Livingston Director of Community Development, Planning & Zoning Steven J. Ferguson Director of Public Works Dan Cunningham Director of Tourism, Special Events & Facilities Robert Cole Director of Buildings and Public Property Dennis R. Triggs City Attorney Date: July 12, 2013 Subject: Liquor Code Amendments (Ordinance No. 4118) DISCUSSION: With the addition of the pedestrian promenade, farmer s market, other events to be located on public property and other public events, as well as to make the City Liquor Code easier to understand, we are proposing changes to the special permits in the liquor code section and to liquor license hours. The changes all concern the special use permits section, except as that portion that proposes the change of sale and service liquor hours to 10:00 a.m. on Sundays. The amendments seek to make the special use permit section easier to understand and create consistencies where language may be more confusing. The amendments make clear that all special use permits must comply with state regulations; provide adequate dram shop insurance coverage for the location of the special event; and if needed, must obtain any special event permits from the State Liquor Control Commission. For those locations already licensed in the City, the proposed changes allow those current liquor license holders to obtain a special permit for outdoor service at their location for events other than just charitable fundraising. It also allows for special permit approval by the East Peoria Liquor Control Commission (the Liquor Control Commission ) instead of having to go through the City Council as a resolution. The Liquor Control Commission approval process will allow for a more efficient procedure, and there will still be proper checks and balances in the approval process, as the application will still need to be approved by the Police Department and fulfill all other requirements. The change also decreases the amount of time that an applicant has to turn in the application in advance from 21 days to 15 days and allows for exceptions by approval of the Liquor Control Commission where the applicant is not able to obtain the application 15 days in advance of the event. If the process requires approval by the Liquor Control Commission, the change in the number of days will likely not pose an issue as it will not require potential waiting period of two weeks to get on the Council agenda. The amendments also propose allowing alcohol service in the parking lot area of the FOLEPI building for outdoor events in addition to the building itself. The Pedestrian Promenade and Civic Plaza public locations are added as areas that allows for approval of a special use permit. In addition to general sales of alcoholic liquors, the amendments propose to add a special use permit for sampling events. Finally, the proposed change would allow for sales and service of alcohol beginning at 10:00 a.m. on Sundays. This change would allow for Sunday brunch sales and service and allow for those eating an early lunch or purchasing alcohol on Sundays. RECOMMENDATION: Approval of Ordinance No. 4118 that includes amendments to the liquor code. Web Site: www.cityofeastpeoria.com EAST PEORIA HOME OF THE FESTIVAL OF LIGHTS

ORDINANCE NO. 4118 AN ORDINANCE UPDATING CITY OF EAST PEORIA LIQUOR CODE (TITLE 3, CHAPTER 3 OF THE EAST PEORIA CITY CODE) WHEREAS, the New EP Downtown Development Area, also known as The Levee District, includes several new public areas including the Pedestrian Promenade and the New Civic Complex and adjacent outdoor Civic Plaza; and WHEREAS, City Officials anticipate that functions and activities will be held in or on these new public areas in The Levee District for which requests for selling alcoholic beverages will be sought; and WHEREAS, City Officials seek to develop uniform provisions under the City s Liquor Code for addressing the sales and distribution of alcoholic beverages at events on all of the City s public property, including the new public areas in The Levee District, and seek to ensure consistency among the various provisions in the City s Liquor Code that deal with special use permits and licenses; and WHEREAS, City Officials also seek to allow alcoholic liquor tasting events such as wine tastings and beer sampling upon these new public areas in The Levee District, as well as in other areas throughout the City; and WHEREAS, City Officials further seek to allow for earlier sales of alcoholic beverages on Sundays in order to allow businesses in East Peoria to remain competitive with surrounding communities with regard to such sales on Sundays; and WHEREAS, the City Council hereby finds that the adoption of these revisions to the City s Liquor Code is in the best interests of the City as these revisions will ensure consistency with regard to the issuance of special use permits and licenses under the City s Liquor Code, will allow for service of alcoholic beverages at special events in The Levee District that will include tasting and sampling events, and will assist East Peoria businesses with remaining competitive for sales on Sundays; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT: Section 1. Title 3, Chapter 3, Section 3.1 of the City Code (the Liquor Code) of the City of East Peoria is hereby amended as follows (additions are indicated by underline; deletions by strikeout): 3-3-3. SPECIAL USE PERMITS 3-3-3.1. Temporary permits for the sale of beer and wine.

In addition to the classes of licenses authorized in this chapter, the city council may from time to time authorize the issuance of a temporary permit for the sale at retail of beer and wine by a not-for-profit organization located in the city. A temporary permit shall be subject to the following restrictions: (a) (b) (c) (d) (e) (f) (g) The temporary permit may be issued only to a not-for-profit organization located in the city which has an established charitable or public service objective and which has been in active and continuous existence for at least one year prior to the making of such application and which in good faith has maintained a membership role during said one year period, or to a bona fide notfor-profit corporation devoted to the advancement and promotion of music, theater, dance, or the arts, provided that the corporation has been in active and continuous existence for a period of at least five (5) years, or any such organization which has been incorporated under the laws of the state or a bona fide not-for-profit labor organization where the labor organization or a committee of the labor organization is conducting a fund raising activity designed to raise funds for a charitable or public service project, provided that the labor organization has been in active and continuous existence for a period in excess of five (5) years and has a permanent place of business located within the City. The temporary permit shall authorize the sale of alcoholic liquor for consumption only at a specific location which shall be described on the lace of such permit. The event is not required to be conducted at the organization s permanent place of business. The temporary permit may authorize the sale of alcoholic liquor for a period not in excess of three (3) days. The holder of a temporary permit shall not sell alcoholic liquor between the hours of one o'clock (1:00) A.M. and six o'clock (6:00) A.M. Except as specifically modified in this section, all the provisions set forth in this chapter which are applicable to the holder of a regular license shall be applicable to the holder of a temporary permit. The fee for the issuance of a temporary permit shall be fifty dollars ($50.00) which fee may in the discretion of the city council be waived. Compliance with section 3-3-1.9 relating to the bond required may, in the discretion of the local liquor control commissioner, be waived. 2

(h) The permit holder shall obtain, from the Illinois Liquor Control Commission, approval for the sale of beer and wine at a special event and shall provide proof of said approval to the city. Section 2. Title 3, Chapter 3, Section 3.2 of the City Code (the Liquor Code) of the City of East Peoria is hereby amended as follows (additions are indicated by underline; deletions by strikeout): 3-3-3.2. Special outdoor sales and consumption permits. (a) Special outdoor sales and consumption permits may be issued to the following licensees upon the following terms: (1) A special outdoor sales and consumption permit granted under this section shall be issued for the purpose of charitable fundraising only. In addition, each permit holder is restricted to one (1) permit not more than once every fortyfive (45) days. (2) The fee for the issuance of a special outdoor sales and consumption permit shall be fifty dollars ($50.00), which must be submitted with the permit application. (32) The Liquor Control Commission may city council may, by resolution, authorize the issuance of a special outdoor sales and consumption permit to the holders of a class A license for a specific date which shall be a Friday, Saturday, or a national holiday, or a Sunday before a Monday that is a national holiday. Alcoholic liquor may not be sold or served under authority of a special outdoor sales and consumption permit issued to the holder of a class A license prior to one o'clock (1:00) P.M. or later than seven o'clock (7:00) P.M. on the date designated in the permit. (43) The Liquor Control Commission may city council may, by resolution, authorize the issuance of a special outdoor sales and consumption permit to the holders of a class C license for any specific date. Alcoholic liquor may not be sold or served under authority of a special outdoor sales and consumption permit issued to the holder of a class C license prior to four o'clock (4:00) P.M. or later than eleven o'clock (11:00) P.M. on the date designated in the permit, except that on a Sunday alcoholic liquor may not be sold or served after ten o'clock (10:00) P.M. 3

(54) The Liquor Control Commission may city council may, by resolution, issuance of a special outdoor sales and consumption permit to the holders of a class D or E license for a specific date which shall be a Friday, Saturday, or a national holiday, or a Sunday before a Monday that is a national holiday. Alcoholic liquor may not be sold or served under authority of a special outdoor sales and consumption permit issued to the holder of a class D or E license prior to one o'clock (1:00) P.M. or later than eleven o'clock (11:00) P.M. on the date designated in the permit. (65) The Liquor Control Commission may city council may, by resolution, authorize the issuance of a special outdoor sales and consumption permit to the holders of a class V or Z license for a specific date which shall be a Friday, Saturday, Sunday, or national holiday, except that such a permit may be issued for a Sunday when the class V or Z license holder is hosting a charitable fund raising event. Alcoholic liquor may not be sold or served under authority of a special outdoor sales and consumption permit issued to the holder of a class V or Z license prior to one o'clock (1:00) P.M. or later than eleven o'clock (11:00) P.M. on the date designated in the permit, except that on a Sunday alcoholic liquor may not be sold or served after five o'clock (5:00) P.M. (b) Application for the issuance of a special outdoor sales and consumption permit shall be made to the city clerk not less than twenty one (21) fifteen (15) days in advance of the date requested by the licensee, unless otherwise waived by the Liquor Control Commission. Permits issued under this section shall be subject to the following regulations: (1) Alcoholic liquor may be sold or served on the exterior of a totally enclosed permanent structure located on the licensed premises, but such sales shall be confined to the parcel or tract or real estate designated as the licensed premises. (2) The license holder shall not permit the removal from the licensed premises of any alcoholic liquor except in original or unopened packages for consumption off of the licensed premises. (3) Temporary or permanent fences or lines shall be installed marking those boundaries of the licensed premises adjacent to private property. 4

(4) One or more employees of the license holder shall at all times be present and capable of observing any portion of the licensed premises where alcoholic liquor is sold or consumed. (5) Alcoholic liquor may not be sold or served under authority of a special outdoor sales and consumption permit unless freshly cooked food is simultaneously offered for sale or consumption on the licensed premises. (6) All consumption of alcoholic liquor on the licensed premises, exterior to a totally enclosed permanent structure and pursuant to a special outdoor sales and consumption permit, shall cease one-half hour after the time specified in the permit or this section for the cessation of sales. (7) Outdoor music shall be permitted between the hours specified in this section for the sale or service of alcoholic liquor, but only in conjunction with the special outdoor sales and consumption permit. (8) The issuance of a special outdoor sales and consumption permit shall not diminish the responsibility of the license holder to comply with all applicable laws, ordinances, rules or regulations, and specifically those relating to unnecessary noise. Section 3. Title 3, Chapter 3, Section 3.4 of the City Code (the Liquor Code) of the City of East Peoria is hereby amended as follows (additions are indicated by underline; deletions by strikeout): 3-3-3.4. City designated public property and buildings and public events. (a) Alcoholic liquor may be sold or delivered in the FOLEPI building or outdoor areas in the parking lot for the FOLEPI building located at 2200 Washington Street, East Peoria, Illinois at a Public or Private Function, subject to the following conditions: (1) Such sale or delivery must either (1) be made in accordance with a properly issued license under this code, or (2) be otherwise permissible under local and state regulations without the issuance of a permit. (2) Such sale or delivery must either (1) be made in connection with an event which is sponsored by a person pursuant to an 5

approved written agreement with the City, or (2) be made in connection with an event sponsored by the City. (3) For outdoors sales, the licensee must comply with all provisions set forth in Section 3-3-3.2(b) except for subsection (b)(5), and the licensed premises shall be considered the FOLEPI building and the adjacent parking lot for the FOLEPI building. (4) Licensee must obtain a special use permit under Section 3-3-3.5(a) and follow all the provisions in Section 3-3-3.5(a) in order to sell or deliver any alcoholic liquor in the FOLEPI building or outdoor areas in the parking lot for the FOLEPI building. (b) A special use permit may be issued to individuals or organizations holding a retailer s license issued by the State of Illinois and seeking to provide beer or wine at the location of a public event so designated by the Liquor Control Commission of the City of East Peoria, subject to the following regulations: (1) The beer or wine served at the location must be transferred from the inventory of the retail licensed premises of the permittee. (2) The beer or wine may be served indoors or outdoors but may not be served prior to one o clock (1:00) p.m. or later than eleven o clock (11:00) p.m. on the dates designated in the permit. (3) The special use permit may be granted for the following time periods: one (1) day or less; two (2) or more days to a maximum of fifteen (15) days. (4) An applicant shall provide proof satisfactory to the Local Liquor Commission that the applicant will provide dram shop liability insurance to the maximum limits. (5) An application must be accompanied by a permit fee of $50.00. (6) The applicant must obtain a special use permit from the Illinois Liquor Control Commission and provide proof that the permit has been obtained to the City prior to any alcoholic liquor being served or consumed. 6

(bc) Alcoholic liquor may be sold and delivered for consumption only on the premises of Riverfront Park located behind Wal-Mart and/or Bass Pro in the City of East Peoria at a Public or Private Function, subject to the following conditions: (1) Such sale or delivery must be made in accordance with a properly issued license, special use permit, or temporary permit issued under this Code. (2) Licensee or temporary permittee must obtain a special use permit under Section 3-3-3.5(a) and comply with all the provisions therein in order to sell or deliver any alcoholic liquor in Riverfront Park. (32) Such sale or delivery must either (a) be made in connection with an event which is sponsored by a person pursuant to a written agreement with the City, or (b) be made in connection with an event sponsored by the City. (43) The City may, in its discretion in issuing any license or permit for the sale or delivery of alcoholic liquor at Riverfront Park, designate the hours during which alcoholic liquor may be sold or delivered, which hours may be different than those otherwise provided in the special use permit provisions under Section 3-3-3.5(a)this Code. (54) The licensee or temporary permittee license holder shall not permit the removal of any alcoholic liquor from the premises except in original or unopened packages. This subsection does not, however, permit the sale or delivery of alcoholic liquor to persons for consumption off the premises. (65) Sale of alcoholic liquor or beer and wine shall be confined to the parcel or tract of real estate designated designed as Riverfront Park. (76) One or more employees of the licensee or temporary permittee license holder shall at all times be present and capable of observing any portion of the park where alcoholic liquor is sold or consumed and shall make such provisions as the City determines are necessary to prevent the purchase, consumption or possession of alcoholic liquor by minors. (87) The licensee or temporary permittee shall provide the number of security guards required by the City, who shall be 7

present at all times when alcoholic liquor is sold or consumed on the premises. (98) The licensee or temporary permittee shall carry adequate dram shop liability insurance naming the City an additional insured and provide proof of said insurance to the City. (109) Outdoor music may be permitted during the hours of sale as provided in the permit issued by the City. (110) The issuance of a license for the sale or delivery of alcoholic liquor at Riverfront Park shall not diminish the responsibility of the permit license holder to comply with all applicable laws, ordinances, rules or regulations, and specifically those relating to noise. (121) The City Council may modify the above regulations when a license or permit is approved in order to address special problems or circumstances. (132) The licensee or temporary permittee shall obtain, from the Illinois Liquor Control Commission approval for the sale of alcoholic liquor beer and wine at Riverfront Park and shall provide proof of said approval to the City prior to the event. (c) Alcoholic liquor may be sold and delivered for consumption only on the premises of the Pedestrian Promenade or the Civic Plaza locations, including the indoor City portions of the Civic Complex adjacent to the outdoor Civic Plaza, in the New EP Downtown development area (The Levee District) in the City of East Peoria at a Public or Private Function, subject to the following conditions: (1) Such sale or delivery must be made in accordance with a properly issued license or temporary permit issued under this Code. (2) Licensee or temporary permittee must obtain a special use permit under Section 3-3-3.5(a) or 3-3-3.5(b) and comply with all the provisions therein in order to sell or deliver any alcoholic liquor at one of these locations in The Levee District. (3) Such sale or delivery must either (a) be made in connection with an event which is sponsored by a person pursuant to a written agreement with the City, or (b) be made in connection with an event sponsored by the City. 8

(4) The City may, in its discretion in issuing any permit for the sale or delivery of alcoholic liquor at a location in The Levee District, designate the hours during which alcoholic liquor may be sold or delivered, which hours may be different than those otherwise provided by the special use permit provisions under Section 3-3-3.5(a). (5) The licensee or temporary permittee shall not permit the removal of any alcoholic liquor from the premises except in original or unopened packages. This subsection does not, however, permit the sale or delivery of alcoholic liquor to persons for consumption off the premises, except for the holder of a sampling permit issued under Section 3-3-3.5(b). (6) Sale of alcoholic liquor shall be confined to the portion of the parcel or tract of real estate designated by the City in the permit issued for the location in The Levee District, which may require the permit holder to install or set up temporary or permanent fences or lines marking those boundaries of the permitted premises. (7) One or more employees of the permit holder shall at all times be present and capable of observing any portion of the permitted premises where alcoholic liquor is sold or consumed and shall make such provisions as the City determines are necessary to prevent the purchase, consumption, or possession of alcoholic liquor by minors. (8) The licensee or temporary permittee shall provide the number of security guards required by the City, who shall be present at all times when alcoholic liquor is sold or consumed on the permitted premises. (9) The licensee or temporary permittee shall carry adequate dram shop liability insurance naming the City an additional insured and provide proof of said insurance to the City. (10) The issuance of a permit for the sale or delivery of alcoholic liquor at a location in The Levee District shall not diminish the responsibility of the permit holder to comply with all applicable laws, ordinances, rules or regulations, and specifically those relating to noise. 9

(11) The City Council may modify the above regulations when a permit is approved in order to address special problems or circumstances. (12) The licensee or temporary permittee shall obtain, from the Illinois Liquor Control Commission approval for the sale of alcoholic liquor at the location in The Levee District and shall provide proof of said approval to the City prior to the event. (13) The sale or delivery of alcoholic liquor in the indoor City portions of the Civic Complex adjacent to the outdoor Civic Plaza must either (1) be made in connection with an event which is sponsored by a person pursuant to an approved written agreement with the City, or (2) be made in connection with an event sponsored by the City. (d) Alcoholic liquor may be sold or delivered in the Conference Center located at 100 Conference Center Drive, East Peoria, Illinois at a Public or Private Function, subject to the following conditions: (1) Such sale or delivery must be made in accordance with a properly issued license, special use permit, or temporary permit issued under this Code. (2) The licensee shall carry adequate dram shop liability insurance naming the City an additional insured and provide proof of said insurance to the City. Section 4. Title 3, Chapter 3, Section 3.5 of the City Code (the Liquor Code) of the City of East Peoria is hereby re-numbered as new Section 3.6 with revisions as follows (additions are indicated by underline; deletions by strikeout): 3-3-3.65. Outdoor sales and consumption permits for class CC licenses. A holder of a class CC license may obtain special permits from the Liquor Control Commission to allow the sale and consumption of alcoholic liquor outside of the interior of a totally enclosed building located on the grounds of a Convention Center, subject to each of the conditions and requirements set forth in this section: (a) General requirements: (1) The outdoor sale and consumption of alcoholic liquor shall be permitted only on the grounds of the Convention Center 10

and adjacent to buildings that form a part of the Convention Center. (2) The outdoor sale and consumption of alcoholic liquor shall be permitted only in conjunction with a scheduled Public or Private Function. (3) The outdoor sale and consumption of alcoholic liquor shall be confined to a location on the Convention Center site as designated by the Liquor Control Commission pursuant to the procedure set forth in Section 3-3-3.65(3). (4) The special permit issued shall only authorize the sale of alcoholic liquor on a specific date, which shall be stated on the face of the special permit. The Liquor Control Commission may issue a permit to allow sales on consecutive days during which a specific event will be ongoing. However, a separate permit will be required for each function where outdoor sales are proposed. (5) The sale of alcoholic liquor shall cease at least 45 minutes before the end of the scheduled event, but in no event shall alcoholic liquor be sold or delivered between the hours of 12:00 A.M. and 8:00 A.M. or at any other time as prohibited in this Chapter. All consumption of alcoholic liquor on the licensed premises must cease by the end of the scheduled event or by 12:45 A.M. at the latest. (6) All regulations and provisions set forth in this chapter applicable to other licenses, except as specifically modified by this section, shall be applicable to the holder of a special permit. (7) The fee for issuance of the special permit shall be Fifty Dollars ($50.00) per function. (8) The permit holder shall, if necessary, obtain any license required by the State for the outdoor sales. (9) The license holder may not allow any person to remove any alcoholic liquor from the Convention Center site. (10) Outdoor music may be permitted during the scheduled outdoor public or private event licensed under this section subject to the discretion of the Liquor Control Commission, 11

which may establish reasonable hours after which all such music must cease. (11) The licensee shall at all times have sufficient numbers of employees present and capable of observing all portions of the area where the outdoor sales and consumption of alcoholic liquor is permitted. Only employees of the licensee may sell or dispense alcoholic liquor. (12) The licensee shall make provisions for adequate security on the premises during all times when outdoor sales and consumption is permitted as required by the Liquor Control Commission. (b) Application by the holder of a class CC license for a permit to allow outdoor sales and consumption of alcoholic liquor on the premises of a Convention Center shall be made to the City Clerk not less than twenty-one (21) days fifteen (15) in advance of the date of the scheduled Private or Public Function, unless otherwise waived by the Liquor Control Commission. The application shall include the following information: (1) Date of event; (2) Type of event; (3) Expected attendance; (4) Whether there will be outdoor music or entertainment; (5) Hours of the event; (6) The proposed location on the Convention Center premises; (7) The proposed method by which the licensee will provide security and will insure that persons under 21 years of age will not be served alcoholic liquor; (8) A copy of the written agreement between the sponsor of the event and the Convention Center; (9) The licensee shall pay the $50.00 fee to the City clerk with the application; (10) Any other information requested by the Liquor Control Commission; 12

(11) In the discretion of the Commission, the time for filing the application may be waived. (c) When a completed application with the required fee is submitted, the City Clerk shall cause the application to be delivered to the Liquor Control Commission. The Commission will then review said application to determine if it is in compliance with City Code, including this section. After that review, the Liquor Control Commission will grant or deny the permit request. If the permit is denied, the Commission will provide the applicant with the reason for said denial. If the Commission grants the request, the Commission may impose such additional restrictions as are reasonably determined to be necessary to protect the public and to maintain order. The Commission is specifically authorized to impose conditions concerning hours, dates, location on the premises, limitations on live or amplified music, the requirement to erect barriers or fences around the area where alcoholic liquor may be consumed, and may require any additional security measures as in the Commission s discretion may be appropriate. In addition: (1) The issuance of an outdoor sale and consumption permit shall not diminish the responsibility of the license holder to comply with all applicable laws, ordinances, rules or regulations of the City or state and specifically those laws and ordinances related to unnecessary noise. (2) The license holder shall not permit the outdoor sale or consumption of alcoholic liquor within three hundred (300) feet of any premises used for residential purposes, or within five hundred (500) feet of any church, school, hospital or home for the aged or indigent persons, veterans or their wives or children, military or naval stations. (3) Any violation of the authority granted by the permit or any violation of any other rule, regulation or ordinance of the City will be deemed to be a violation of the Liquor Code of the City of East Peoria and will subject the licensee to a fine or other discipline, including suspension or revocation of the permit and the liquor license of the licensee. (4) The number of special permits that may be issued to the licensee during any calendar year shall not be limited except in the discretion of the Liquor Control Commission. However, separate permits will be required for each separate function. 13

(5) The Liquor Control Commission shall not, however, issue more than two (2) special permits for functions on the grounds of a Convention Center for the same date and time. Section 5. New Section 3.5 of Title 3, Chapter 3 of the City Code (the Liquor Code) of the City of East Peoria is hereby added as follows (additions are indicated by underline; deletions by strikeout) 3-3-3.5. Special Use Permit for Public Events and Sampling Events. (a) A special use permit may be issued to individuals or organizations holding a retailer s license issued by the State of Illinois and seeking to provide alcoholic liquor at the location of a Public or Private Function or a public event so designated by the Liquor Control Commission of the City of East Peoria, subject to the following regulations: (1) The alcoholic liquor served at the location must be transferred from the inventory of the retail licensed premises of the permittee. (2) The alcoholic liquor may be served indoors or outdoors but may not be served prior to ten o clock (10:00) a.m. or later than eleven o clock (11:00) p.m. on the dates designated in the permit, except on Sundays when service of alcoholic liquor cannot occur prior to Noon. (3) The special use permit may be granted for the following time periods: one (1) day or less; two (2) or more days to a maximum of fifteen (15) days. (4) An applicant shall provide proof satisfactory to the Local Liquor Commission that the applicant will provide dram shop liability insurance to the maximum limits. (5) The special use permit application must be accompanied by a permit fee of $50.00. (6) The applicant must obtain a special use permit from the Illinois Liquor Control Commission and provide proof to the City that the permit has been obtained prior to any alcoholic liquor being served or consumed. (b) A special use permit may be issued for product tasting of alcoholic liquor to individuals or organizations holding a retailer s license issued by the State of Illinois and seeking to provide samples of alcoholic liquor at the location of a Public or Private Function or a public event so 14

designated by the Liquor Control Commission of the City of East Peoria, subject to the following regulations: (1) Each sample shall consist of no more than one-quarter ounce of distilled spirits, one ounce of wine, or one ounce of beer. Permittee must ensure that samples are consumed in the area immediately adjacent to the permittee s service area of the sample. (2) Samples of alcoholic liquor may be served indoors or outdoors but may not be served prior to ten o clock (10:00) a.m. or later than eight o clock (8:00) p.m. on the dates designated in the permit, except on Sundays when service of alcoholic liquor cannot occur prior to Noon. (3) The special use permit may be granted for the following time periods: one (1) day or less; two (2) or more days to a maximum of fifteen (15) days. (4) An applicant shall provide proof satisfactory to the Local Liquor Commission that the applicant will provide dram shop liability insurance to the maximum limits. (5) The special use permit application must be accompanied by a permit fee of $50.00. (6) The applicant must comply with any applicable requirements or permits required from the Illinois Liquor Control Commission in relation to this type of product tasting or sampling and provide proof to the City that such compliance has been obtained prior to any alcoholic liquor being served or consumed pursuant to this special use permit. Section 6. Title 3, Chapter 3, Section 1.4(m) of the City Code (the Liquor Code) of the City of East Peoria is hereby amended as follows (additions are indicated by underline; deletions by strikeout): 3-3-1.4. Licenses; classifications. Licenses to sell alcoholic liquor at retail shall be of the following classes: (m) Class CC licenses. Class CC licenses shall authorize the owner or concession operator of a Convention Center to sell and serve alcoholic liquor but only when the alcoholic liquor is sold or served in connection with a scheduled private function or public function and only for consumption within one or more buildings located on the parcel of land 15

being used as a convention center or in designated outdoor locations adjacent to the building or buildings, but located on the same parcel of land as the Convention Center when permitted pursuant to Section 3-3- 3.65. A class CC license shall be subject to the following general regulations: GENERAL PROVISIONS 1. A class CC license may be issued to either the owner of the Convention Center or to a Concession operator or manager that has a written agreement with the Owner to provide food and beverage service at the Convention Center. At no time shall a class CC license be issued to more than one person or entity for the same premises. In the event the license is to be issued to a concessionaire, the concessionaire must have a written agreement with the owner of the Convention Center to operate as the concessionaire for the whole term of the license to be issued hereunder. Upon application for and renewal of the license, the concessionaire must provide proof to the City that the concession agreement is in full force and effect for the whole term of the license. 2. The licensee shall designate at least one permanent location within a building located on the site for the receipt and storage of the alcoholic liquor to be used for service at functions conducted at the Convention Center. 3. The sale and consumption of alcoholic liquors shall be confined to the interior of any building located on the grounds of the Convention Center site, except as provided in Section 3-3-3.65. 4. Said license shall authorize the licensee to sell or serve alcoholic liquor in up to ten (10) additional temporary locations, such as ballrooms, meeting rooms or party rooms not otherwise licensed as permanent locations at the same time and for the same or different functions occurring on the Convention Center premises or in any of the buildings that form a part of the Convention Center. The fee for the temporary locations shall be included as a part of the annual fee for a class CC license. 5. The sale or consumption of alcoholic liquor at any permanent or temporary location shall occur only in conjunction with a scheduled public or private function. No sale or consumption may occur at times when a public or private function is not in progress. 6. One or more employees of the licensee shall at all times be present and capable of observing any part of the premises where alcoholic liquor is being sold or consumed. In addition, only employees of the 16

licensee may dispense, serve or sell alcoholic liquor at any function conducted on the Convention Center premises. At no time shall guests or patrons be allowed to serve or dispense alcoholic liquor. This section shall not, however, prohibit employees of a licensee from serving single bottles of wine or champagne to tables to be used for the seating of guests, provided that guests will not be permitted to obtain and deliver bottles from a central location to the table. This exception, however, does not permit the service at tables of pitchers of beer or other alcoholic liquor. This section also does not prohibit the use of serving methods, such as decorative champagne fountains, provided an employee of the licensee is in a position to observe and monitor patrons service from such items. This section does not, however, permit patrons to serve themselves from tappers or kegs of beer during any function. 7. The licensee must have a written agreement with the person or entity sponsoring or operating the public or private function, specifying the time and date for the planned function, whereby the person or entity acknowledges its obligation to abide by all of the East Peoria City Code and the laws of the State of Illinois regarding the sale and consumption of alcoholic beverages. The hours during which alcoholic liquor may be served and sold at a Convention Center shall be the same as provided for class A licensees under Section 3-3-4.2 of the East Peoria City Code, except as provided in Section 3-3-3.65 for outdoor sales. 8. The licensee must implement measures to insure that minors are not served alcoholic liquors and do not consume alcoholic liquor on the premises or any place alcoholic liquor is served. 9. The CC licensee shall obtain from the Illinois Liquor Control Commission a state-issued license for the sale of alcoholic liquor allowing the sale on private Convention Center property and provide proof of obtaining that license to the City before any alcoholic liquor is served. Section 7. Title 3, Chapter 3, Section 4.2 of the City Code (the Liquor Code) of the City of East Peoria is hereby amended as follows (additions are indicated by underline; deletions by strikeout): 3-3-4.2. Hours of sale; closing requirements. (a) Except as set forth in subsections (b), (f) and (g) of this section, it shall be unlawful for any person to whom a class A, B, C, D, E, F, G, H, V, Z or RB license has been issued to sell or offer for sale at retail any alcoholic liquor in the city between the following hours: (1) One o'clock (1:00) A.M. Monday and six o'clock (6:00) A.M. Monday; 17

(2) One o'clock (1:00) A.M. Tuesday and six o'clock (6:00) A.M. Tuesday; (3) One o'clock (1:00) A.M. Wednesday and six o'clock (6:00) A.M. Wednesday; (4) One o'clock (1:00) A.M. Thursday and six o'clock (6:00) A.M. Thursday; (5) Two o'clock (2:00) A.M. Friday and six o'clock (6:00) A.M. Friday; (6) Two o'clock (2:00) A.M. Saturday and six o'clock (6:00) A.M. Saturday; (7) Two o'clock (2:00) A.M. Sunday and ten o'clock (10:00) A.M. twelve o'clock (12:00) noon Sunday. (b) On the first Sunday in Novemberlast Sunday in October, or on any other date specified by the state as a return to United States Standard Central Time, it shall be unlawful for any person to whom a class A, B, C, D, E, F, G, H, V, Z or RB license has been issued to sell or offer for sale at retail any alcoholic liquor in the city during the hours of one o clock (1:00) A.M. Central Standard Time and ten o'clock (10:00) A.M.twelve o'clock (12:00) noon. (c) It shall be unlawful to keep open for business or to permit the public to patronize any premises where alcoholic liquors are sold at retail during the hours within which the sale of such liquor is prohibited. (d) The time for closing as set forth in subsections (a), (b) and (f) of this section shall be marked by: (1) The ceasing of all service at the bar of any alcoholic liquor; (2) The ceasing of all service at the tables of any alcoholic liquor; (3) The extinguishing of all electrical signs and decorative outdoor lights; (4) The locking of the whole of such premises with respect to which a liquor license has been issued hereunder; 18

(5) The vacation of all patrons of said premises within fifteen (15) minutes thereafter, whether alcoholic liquor or food is being consumed, or not; provided, however, that this subsection shall not apply to the owner, manager, bartender, employees or watchmen; provided, further, that such persons so remaining do not consume any alcoholic liquor whatsoever. (e) The premises of duly licensed hotels, restaurants and veterans organizations may be kept open during such hours; provided, that the following activities shall cease during the hours within which the sale of alcoholic liquor is prohibited; (1) All service at the bar of any alcoholic liquor; (2) All service at tables of any alcoholic liquor; (3) All consumption by any person of any alcoholic liquor upon such licensed premises within fifteen (15) minutes thereafter. (f) The hours of sale as set forth in subsection (a) of this section shall be extended one additional hour on New Year s Day, January 1, for any person to whom a class A, C, D, E, F, G, H, V, Z or RB license has been issued; provided, however, that sales of alcoholic liquor within the extended hour shall be for consumption on the licensed premises only. (g) It shall be lawful for any person to whom a class RB license has been issued to sell, offer for sale at retail, or otherwise provide wine or champagne between the hours of nine o'clock (9:00) A.M. Central Standard Time and ten o'clock (10:00) A.M. twelve o'clock (12:00) noon on Sundays so long as such provision of wine or champagne is clearly incidental to the service of food in a setting generally referred to as a "champagne brunch" and the wine or champagne cannot be purchased and is not served except in conjunction with the purchase and service of the food. (h) It shall also be lawful for any person to whom a class RB license has been issued to sell, offer for sale at retail, or otherwise provide beer or wine only for consumption on the premises between the hours of ten o clock (10:00) a.m. Central Standard Time and twelve o clock (12:00) noon on Sundays only in connection with a televised sporting event and only in an area of the premises that is discrete from the restaurant and other areas of the main pavilion. It shall be unlawful under this subsection for the licensee to sell beer or wine at retail in original packages for consumption off the premises during the period from 10:00 a.m. to 12:00 noon on Sundays. 19

(hi) For any licensee issued a class CR or subclass CR or class CC license, the provisions of subsections (a), (b) and (f) shall be applicable to said licensee, subject to the following additional limitations: (1) All sales and service of alcoholic liquor shall cease at least 45 minutes prior to the time set forth in the written agreement for the conclusion of the private or public function or as otherwise provided by Code. (2) Consumption of alcoholic liquors by any person upon the licensed premises shall be prohibited during the times specified in subsections (a), (b) or (f) and must in any event cease by the time set forth in the written agreement for the conclusion of the public or private function, or as otherwise provided by Code. Section 8. This Ordinance is hereby ordered to be published in pamphlet form by the City Clerk and said Clerk is ordered to keep at least three (3) copies hereof available for public inspection in the future and in accordance with the Illinois Municipal Code. Section 9. This Ordinance is in addition to all other ordinances on the subject and shall be construed therewith except as to that part in direct conflict with any other ordinance, and in the event of such conflict, the provisions hereof shall govern. Section 10. This Ordinance shall be in full force and effect from and after its passage, approval, and ten (10) day period of publication in the manner provided by law. PASSED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, IN REGULAR AND PUBLIC SESSION THIS DAY OF, 2013. APPROVED: ATTEST: Mayor City Clerk EXAMINED AND APPROVED: Corporation Counsel 20