Committee on Public Safety June 12,2019
WHEREAS, The City of Chicago is a home-rule unit of government under Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois and, as such, may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, Promoting the safety, health, and welfare of those who work, visit, and reside within the City of Chicago's borders plain meets this criterion; and
WHEREAS, Encouraging the responsible sales and consumption of alcohol is a reasonable means to promote and enhance the public safety and welfare of residents and visitors within the City of Chicago; and
WHEREAS, Consuming alcohol in motor vehicles while parked on the public way is a likely contributor to drunken or impaired driving; and
WHEREAS, Illegal consumption of open containers of alcohol on the public way diminishes the beauty, serenity, and public safety of the City of Chicago and its neighborhoods and business districts; now therefore:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. The foregoing recitals, are hereby incorporated as the findings of the Chicago City Council.
SECTION 2. Section 8-4-030 of the Municipal Code of Chicago is amended by deleting the language stricken through and inserting the language underscored, as follows:
8-4-030 Drinking in public ways - Exceptions.
(a) (1) It shall be unlawful for any person to drink any alcoholic liquor as defined by law on any public way or in or about any motor vehicle upon a public way in the city. Provided, however, that this subsection (a)(1) shall not apply to:
any portion of the public way occupied by a sidewalk cafe permitted pursuant to Chapter 10-28 of this Code which is properly licensed to sell alcoholic liquor, or
any portion of the public way located on Navy Pier, if: (1) the alcoholic liquor being carried and consumed on such public way was purchased at an establishment holding a valid liquor license at Navy Pier under Section 4-60-071; and (2) such alcoholic liquor is in a disposable cup that clearly identifies the name of the serving establishment; and (3) such alcoholic liquor is not brought into or consumed in any prohibited area designated as such by the Metropolitan Pier and Exposition Authority in posted signs; or
(iii) any venue holding a valid Riverwalk Venue liquor license under Section 4-60-074.
(2) It shall be unlawful for any person to transport, carry, possess or have any alcoholic
liquor in or upon or about any motor vehicle upon any public way in the city except: (1) in the original package and with the seal unbroken, or (2) in a package properly sealed, bagged and receipted pursuant to Section 6-33 of the Liquor Control Act of 1934, added by P.A. 94-1047,
I
effective January ], 2007, and codified at 235 ILCS 5/6-33, as amended, or (3) in compliance with Section 11-502 of the Illinois Vehicle Code, codified at 625 ILCS 5/11-502.
(3) Except as otherwise provided in subsection (b), any person who violates this section shall be fined not less than $100.00 $250.00 nor more than $500.00 or shall be punished by imprisonment for a period of six months or by-both such fine and-i-mprisonment for eaeh offense:, and shall be fined not less than $500.00 nor more than $1,000.00 for any second and each subsequent offense, or shall be punished by imprisonment for a period of no more than six months, or both by such fine and imprisonment in a five-year period.
Any person who violates this section while within 800 feet of a parade route which is not open to traffic shall be fined not less than $500.00 nor more than SI ,000.00 or shall be punished by imprisonment for a period of up to six months or by both such fine and imprisonment for each offense. For purposes of this subsection, the term "parade" has the meaning ascribed to the term in Section 10-8-330 of this Code.
A motor vehicle that is used in the violation of subsection (2) of this section shall be subject to seizure and impoundment under this subsection ffl. The owner of record of such vehicle shall be liable to the city of an administrative penalty of $1000.00 in addition to fees for towing and storage of the vehicle. Whenever a police offer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this subsection, the police officer shall provide for the towing of the vehicle to a facility controlled by the citv or an agent of the city. When the vehicle is towed, the police officer shall notify the person who is found to be in control of the vehicle at the time of the alleged violation if there is such a person, of the fact of the seizure and of the vehicle owner's right to request a preliminary hearing to be conducted under section 2-14-132 of this Code. The provisions of Section 2-14-132 shall apply whenever a motor vehicle is seized and impounded pursuant to this section.
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(Omitted text is unaffected by this ordinance)
SECTION 3. This ordinance shall be effective upon passage and publication.
BRIAN HOPKINS Alderman, 2nd Ward
Chicago City Council Co-Sponsor Addition/Change
Document No. OXoft- V/k I|1010|
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Please Add or Change the Co-Sponsor As Shown Below.
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Alderman Alderman Alderman
Please Add or Change the Co-Sponsor As Shown Below.
Alderman Alderman Alderman Alderman Alderman
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Signature:
Date Filed: 07/23/2019
Final copies to be filed with:
Chairman of Committee to which legislation was referred
City Clerk