ACTION REQUESTED:
Title
Communication from the City Manager and the Corporation Counsel with a Request to ADOPT an ORDINANCE Amending CHAPTER 3 of the CODE of the City of Peoria, Adding Karaoke Subclass License; Adding Camera Requirement for 4 A.M. Subclass; Adding the Factor of Video Gaming Machines for Site Approval; and separating Class G License.
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BACKGROUND: The Liquor Commission has voiced concerns regarding the ability of an establishment with a live entertainment subclass to go from the originally proposed karaoke only to a full live band. The original owner of the establishment may have represented to the Liquor Commission that the establishment would only have karaoke for live entertainment, but a different owner may then use the live entertainment subclass to have a full band that has more of a negative impact on surrounding residents than patrons singing to a karaoke machine. The amendment defines karaoke and sets a separate subclass license for karaoke only live entertainment. The proposed fee for the new karaoke subclass is less than the full live entertainment subclass, and any licensed establishment that wants to convert to a karaoke only subclass can do so without going through a new site approval process and can receive prorated difference in the license fee.
The proposed amendment to Chapter 3 also adds the requirement that a subclass 1 (4 a.m.) licensee must maintain an operating camera that records the entrances to the licensed establishment and the recording must be immediately available to officers upon request. This will aid the police officers in their investigations into any crime and can be helpful to the licensed establishments in maintaining control of their patrons.
The third aspect of the proposed amendment addresses the proliferation of proposed establishments whose primary purpose is to have video gaming machines. Often times these proposed establishments seek out a Class G (beer and wine only) site approval in a very small commercial space in the middle of a strip of other businesses. The proposed amendment will allow the City Council to consider this as a detrimental factor and allow it to impose a condition that the location can have video gaming machines only after it has been operating for at least one year. The revised version of the amendment adds the provision that an application for site approval must include a statement whether the proposed site will have video gaming terminals within one year after operation.
The other amendment to Chapter 3 is a minor clean-up and clarification of Class G (beer and wine only) that separates Class G into G-A for taverns that allows for retail sale and on-site on consumption ; G-B for restaurants for retail sale and on-site consumption; and G-C for flower or gift shops for retail sale only, no on-site consumption.
FINANCIAL IMPACT: None.
NEIGHBORHOOD CONCERNS: Protects neighborhood residents near liquor establishment from negative impact of an establishment going from a karaoke machine to a full band for entertainment.
IMPACT IF APPROVED: Will provide the Liquor Commission and the City Council the ability to determine the appropriateness of a location for live entertainment versus karaoke and whether the proposed establishment will have video-gaming. In addition, the availability of video-recording at 4 a.m. establishments will provide an additional investigatory tool to police officers and assist establishments in maintaining crowd control. The proposed change will delineate the different types of Class G establishments.
IMPACT IF DENIED: The Liquor Commission will continue to fear that site approval for entertainment subclass can lead from karaoke to a full band, maintain the confusing Class G, limit the tools available to police investigation; and limit the City Council's ability to consider the proliferation establishments opening for the primary purpose of having video-gaming machines.
ALTERNATIVES: Not applicable.
EEO CERTIFICATION NUMBER: Not applicable.
WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL'S 2014 - 2029 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?
1. Attractive Neighborhoods with Character: Safe and Livable
2. Vibrant Downtown: Riverfront/ Central Business District/ Warehouse District
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
1. Reduce crime.
DEPARTMENT: Legal