S ULB S T IT U T E ORDINANCE
WHEREAS, over the past several years, the decline in youth employment rates across all races has raised many concerns:" and
WHEREAS, in 2016 the City of Chicago ("City") had a rate of only 58.2% of young
adults employed, with the highest concentration of youth-unemployment being-in-minority
neighborhoods; and
WHEREAS, the City has the greatest racial disparity in young adult employment rates of any major city; and
WHEREAS, the City seeks to increase the employment of individuals aged 18 to 20 years; and
WHEREAS, the City currently restricts the employment of young adults aged 18-20 on liquor-licensed premises to certain limited positions, and
WHEREAS, the Illinois Liquor Control Act allows municipalities to permit young adults aged 18 to 20 to work as servers in full service restaurants and in accessory-use packaged licensed stores and many municipalities currently do so with positive results; and
WHEREAS, amending Section 4-60-143 to allow young adults aged 18-20 to work in more capacities in certain liquor-licensed premises would allow more young adults to obtain gainful employment, decreasing the current young adult unemployment rate and racial disparity in young adult employment; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. Section 4-60-143 of the Municipal Code of Chicago is hereby amended by deleting the language stricken and by inserting the language underscored, as follows:
4-60-143 Additional restrictions on hiring of persons under 21 years of age.
(a) Notwithstanding the provisions of subsection (a) of Section 4-60-140, the holder of a valid consumption on premises - incidental activity license may engage, employ or permit a person under 21 years of age to work on the licensed premises7 in compliance with the following: if the person under 21 years of age has no duties relating to the sale, dispensing, service or delivery of alcoholic liquor on the premises, and complies with the conditions of paragraph (1), (2), (3), or (4) of this subsection.
A person under 21 years of age may be engaged, employed or permitted to work as a musician on the premises, but only pursuant to a written contract. A performer so engaged, employed or permitted to work who is 16 to 18 years of age must either be legally emancipated or be accompanied by a parent or legal guardian while on the licensed premises. Any person under 16 years of age so engaged, employed or permitted to work must be accompanied by a parent or legal guardian while on the licensed premises.
If the licensed premises is a sports stadium with a fixed seating capacity of more than 3,000 persons, a person under 21 years of age may be engaged, employed or
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permitted to work as an usher or as a participant in an exhibition or athletic competition on the premises; or
If the licensed premises is a theater, a person under 21 years of age may be engaged, employed or permitted to work as a performing member of a theatrical company in the theater if no portion of the performance occurs in the lobby area of the theater building.
A person under 21 years of age may be employed or permitted to work as a host or hostess, or a receptionist in a restaurant.
If the licensed premises is a restaurant, an employee of the licensee who: (i) is at least 18 years of age: and (ii) obtained and completed training in basic responsible alcohol service as outlined in rules promulgated by the Illinois Liguor Commission, may serve alcoholic liguorthat has been prepared or mixed, or in the case of wine and beer, opened by a manager or employee of the licensee who is at least 21 years of age or older. This exception in this subparagraph (a)(5) shall not be available to holders of a late-hour license or tavern license as defined in this chapter.
(b) A licensee who engages, employs or permits a person under 21 years of age to work pursuant to subsection (a)(1), (2), (3) or (4) of this section shall not assign or permit that person to perform any duties or acts relating to the sale, dispensing, service or delivery of alcoholic liquor on the premises.
Notwithstanding section 4-60-140(a), if the licensed premises is a supermarket, as that term is defined in section 4-60-130(a)(4)(B), that holds a packaged goods license, a licensee's employee who: (i) is at least 18 years of age; and (ii) obtained and completed training in basic responsible alcohol service as outlined in rules promulgated by the Illinois Liguor Commission, may be permitted to have duties relating to the stocking or sale of alcoholic liguor.
A licensee who engages, employs or permits a person under 21 years of age to work as allowed in this section subsection (a) of this Section 4 60-143 shall be responsible for compliance with the Illinois Child Labor Law in connection with the employment of any person under the age of 16 years. The licensee shall be responsible for assuring that the person so engaged, employed or permitted to work does not consume, obtain or possess alcoholic liquor on the licensed premises, except as provided in this section.
SECTION 2. This ordinance shall take effect following passage and publication.
Thomas M. Tunney Roderick T. Sawyer
Alderman, 44th Ward Alderman, 6th Ward
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Proco Joe Moreno Alderman, 1st Ward
Brian Hopkins Alderman, 2nd Ward
Leslie A. Hairston Alderman, 5th Ward
Michelle A. Harris Alderman, 8th Ward
Anthony A. Beale Alderman, 9th Ward
Patrick D. Thompson Alderman, 11th Ward
George A. Cardenas Alderman, 12th Ward
Raymond A. Lopez Alderman, 15th Ward
Matthew J. O'Shea Alderman, 19th Ward
Howard B. Brookins Jr. Alderman, 21st Ward
Michael Scott, Jr. Alderman, 24th Ward
Ariel E. Reboyras Alderman, 30th Ward
Brendan Reilly Alderman, 42nd Ward
John Arena Alderman, 45th Ward
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Full list of Sponsors at Introduction. 33 total
1.25.17
Tom Tunney -44 Roderick Sawyer - 6
Proco Joe Moreno — 1 Brian Hopkins - 2 Leslie A. Hairston - 5 Michelle A. Harris - 8 Anthony A. Beale - 9 Susan Sadlowski Garza -10 Patrick D. Thompson -11 George A. Cardenas - 12 Raymond A. Lopez - 15 Toni Foulkes - 16 Matthew J. O'Shea- 19 Howard B. Brookins Jr. - 21 Michael Scott, Jr. - 24 Roberto Maldonado - 26 Walter Burnett Jr. - 27 Jason Ervin - 28 Chris Taliaferro - 29 Ariel E. Reboyras - 30 Scott Waguespack - 32 Deb Mell - 33 Carlos Ramirez Rosa - 35 Margaret Laurino - 39 Patrick J. O'Connor - 40 Anthony Napolitano -41 Brendan Reilly - 42 Michele Smith - 43 John Arena - 45 James Cappleman -46 Ameya Pawar - 47 Harry Osterman - 48 Joe Moore - 49
O2017-231
Chicago, March 29, 2017
To the President and Members of the City Council:
Your Committee on License and Consumer Protection, having under consideration a substitute ordinance introduced by Aldermen Tunney, Sawyer and others (which was referred on January 25, 2017), to amend Section 4-60-143 of the Municipal Code of Chicago regarding employing persons under 21 years of age at establishments which sell or serve alcoholic liquor, begs leave to recommend that Your Honorable Body pass the substitute ordinance which is transmitted herewith.
This recommendation was concurred in by a viva voce vote of the members of the committee on March 22, 2017.
CHAIRMAN, COMMITTEE ON LICENSE AND CONSUMER PROTECTION
Respectfully submitted,