File #: 14-413    Version: Name:
Type: Ordinance Status: Deferred
File created: 10/8/2014 In control: City Council
On agenda: 11/11/2014 Final action:
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 to Add SUBCLASS 12 SUPPLEMENTAL LICENSE Allowing for On-Site Consumption of Alcohol for a Restaurant Located Inside a Supermarket Grocery Store. MOTION ON THE FLOOR: To Adopt an Ordinance Amending Chapter 3 of the Code of the City of Peoria to Add Subclass 12 Supplemental License Allowing for On-Site Consumption of Alcohol for a Restaurant Located Inside a Supermarket Grocery Store, as Amended to Change the Square Footage from 25,000 to 50,000.
Sponsors: Sonni Williams
Attachments: 1. ORD NO 17,162, 2. Chap 3 sub 12 for C_supermarket with 24000 sq feet_on-site in restaurant_ver3, 3. Supermarket Grocery Stores over 50K sqft.
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 to Add SUBCLASS 12 SUPPLEMENTAL LICENSE Allowing for On-Site Consumption of Alcohol for a Restaurant Located Inside a Supermarket Grocery Store.
 
MOTION ON THE FLOOR:   To Adopt an Ordinance Amending Chapter 3 of the Code of the City of Peoria to Add Subclass 12 Supplemental License Allowing for On-Site Consumption of Alcohol for a Restaurant Located Inside a Supermarket Grocery Store, as Amended to Change the Square Footage from 25,000 to 50,000.
 
Body
BACKGROUND:  
A proposal for a new Supermarket grocery store includes a full service separate restaurant with wait-staff to be located and operated within its store. The concept of the proposed sit-down restaurant includes the sale and service of alcoholic beverages to be served in conjunction with the sale and service of meals. Currently, the City's Liquor Code contained in Chapter 3 of the City Code, does not allow for on-site consumption of alcohol for Supermarkets, except for limited tasting for product sampling and a location or site can be site approved for only one full liquor license class. Thus, the current City Code does not allow for the Supermarket to have both class C (grocery) and class B (restaurant) licenses within the same building of the proposed establishment.
 
The amendment to Chapter 3 will add a supplemental license, subclass 12, which will allow any Supermarket grocery store meeting the minimum square footage of 50,000 square feet and meeting the definition of a Supermarket grocery store, to have on-site consumption of alcohol at its separate full service restaurant, with wait-staff, located within the store. The proposed annual fee for the supplemental subclass 12 license is $1,000.00, which is the same fee amount for a full Class B (restaurant) license.
 
The proposed amendment was presented to the City Council for first reading at its meeting on October 14, 2014, and was presented for approval on October 28, 2014. Based on the feedback from the October 28th meeting, the amendment to Chapter 3 defines and limits the subclass 12 restaurant inside a Class C (grocery) establishment to a Supermarket grocery store and increases the square footage requirement.
 
FINANCIAL IMPACT: It unknown whether any of these Supermarket grocery stores will seek such a subclass, therefore, the financial impact is unknown on how many subclass 12 licenses will be sought and approved.
 
NEIGHBORHOOD CONCERNS:  Not applicable.
      
IMPACT IF APPROVED: Supermarket grocery stores that meet the minimum square footage space of 50,000 square feet that seek to have a full- service restaurant in the store, will be able to apply for a subclass license that will authorize on-site consumption of alcohol in the restaurant area.
 
IMPACT IF DENIED:  Supermarket grocery stores that meet the minimum square footage space of 50,000 square feet and that seek to have a full service restaurant in the grocery store, will not be allowed to have on-site consumption of alcohol.
 
ALTERNATIVES: As determined by the City Council.
 
EEO CERTIFICATION NUMBER: Not applicable.
 
WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL'S 2014 - 2029 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?
 
1. Grow Peoria: Businesses, Jobs, and Population      
 
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
 
1. Grow employers and jobs.      
 
DEPARTMENT: Legal