ORDINANCE
WHEREAS, the food service industry has been severely impacted by the COVID-19 pandemic due to periods of necessary mandated shut-downs and operating at a limited capacity, resulting in a sustained loss of business over the period of a year and counting; and,
WHEREAS, the City of Chicago (the City) requires all businesses seeking to sell liquor to pay for a liquor license up front for a two year term at the cost of $4,400 per license; and,
WHEREAS, the City of Chicago Data Portal shows that total liquor license revenue was $93.1 million, with Tavern liquor licenses accounting for $20.1 million, Caterer liquor licenses accounting for $4.3 million, On premise liquor licenses accounting for $47.2 million, and Package liquor licenses accounting for $21.5 million; and
WHEREAS, the 2020 Budget Overview shows that the Department of Business Affairs and Consumer Protection (BACP), which is responsible for issuing licenses, permits, certificates, shows an anticipated revenue of $134.1 million for the 2019 Budget; and
WHEREAS, The Small Business Center ofthe BACP that is responsible for issuing licenses has a budget of $3.4 million with 29 full time employees and the Liquor Control Commission has a budget of $569,000 with six full time employees; and
WHEREAS, the revenue brought in by liquor licenses exceeds the budget ofthe Small Business Center and the Liquor Control Commission by $89.1 million; and,
WHEREAS, due to the pandemic shut-downs and limited capacity openings that have reduced of stopped business operations, businesses with liquor licenses have lost some or all ofthe value of their liquor license, for which they had to pay up front; and
WHEREAS, the City is due to receives federal stimulus dollars to aid in the economic recovery ofthe city of which restaurants, bars, and the food service industry as a whole are vital to; therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. Definitions
"Liquor License" is defined as any liquor license issued by the City of Chicago in the following categories: Tavern, Caterer, On premise, and Package liquor licenses.
SECTION 2. Reimbursement of Liquor License Fees with Federal Stimulus Aid
The City of Chicago (the City) will appropriate $40 million of federal stimulus dollars to reimburse liquor license holders on a pro rata basis for lost use of the license due to forced shut-downs or limited capacity restrictions on their business operations since March 15, 2020. Any remaining funds after applications for reimbursement have been open for six months will be returned to the General Revenue Fund. Funds will be available on a first come first serve basis. Additional funds beyond $40 million will not be available for this purpose.
SECTION 3. Application and Calculation of Reimbursement
The Department of Business Affairs and Consumer Protection (BACP) will within one month of the adoption of this ordinance establish an application for businesses to apply for reimbursement based on the number of days they were forced to shut down and operate with a limited capacity.
The BACP will collect the requisite information in the application to calculate the lost value ofthe liquor license as follows:
Number of days a liquor license covers: 730
Applicants will attest to the number of days they were not able to use their license due to mandated shut downs and limited capacity mandates.
Mandated shutdown days will vary by business and be up to the applicant to note applicable days. Applicants will check a box if their business was mandated to shut down during the 90 days from March 15-June 15, 2020. Space for claiming additional mandated closure days will be provided in the application.
Full day equivalent closures (FDE): (number of days operating at limited capacity) x (percent capacity mandate)
Lost days of license = Mandated full shutdown days + FDE Lost monetary value of license = (Lost days of license/730) x (Cost of license) SECTION 4. Timeline for Reimbursement
The BACP will reimburse license holders the lost monetary value ofthe license within 60 days of their application being accepted through a check to their registered business address OR to an alternate address provided in the application if the business has subsequently closed.
SECTION 5. Verification through Sales Tax Records
The BACP will randomly audit applications using the City's sales tax records to verify if businesses have been closed or operating at reduced capacity in accordance with the application they make to the City for liquor license reimbursement.
SECTION 6. Severability
If any provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such provision shall ;not affect any of the other provisions of this ordinance.
SECTION 7. Conflicts
All ordinances, resolutions, motions or orders in conflict with this ordinance are hereby repealed to the extent of such conflict.
SECTION 8. Effective Date
This ordinance shall take effect upon its passage and approval.
Byron Sigcho-Lopez Alderman 25th Ward
BYRON SIGCHO-LOPEZ ALDERMAN, 25TH WARD
1S08.W 18TH STREET CHICAGO, ILLINOIS 60608 PHONE: 773523-4100 FAX: 773-523-9900 E-MAIL: WARD25®CITYOFCHICAGO.ORG
CITY OF CHICAGO
CITY COUNCIL
*
COMMITTEE MEMBERSHIPS
ZONING, LANDMARKS & BUILDING STANDARDS
COMMITTEES & RULES
CONTRACT OVERSIGHT & EQUITY
HEALTH & HUMAN RELATIONS
HOUSING & REAL ESTATE
PEDESTRIAN & TRAFFIC SAFETY
TRANSPORTATION & PUBLIC WAY
CITY HALL ROOM 200 121 NORTH LASALLE STREET CHICAGO, ILLINOIS 60602 PHONE: 773-523-4100
March 23, 2021
The following list of aldermen have requested their names to be included in the record as co-sponsors on the proposed RESOLUTION LIQUOR LICENSE FEE COVID-19 REINBURSEMENT attached hereto regarding its strategy to addressing a formula for the City to issue reimbursements to small businesses and restaurant owners, based on the number of days of total mandated shut down coupled with losses due to be forced to operate at a limited capacity which is hereby submitted for introduction at the City Council meeting of 03/24/2021 and referral to the Committee on Economic Development.
Daniel LaSpata (1 )
Michael Rodriguez (22 )
Andre Vasquez (40 )
Anthony Napolitano (41 )
Matt Martin (47_)
Maria Hadden (49J
Raymond Lopez (15_)
Rossana Rodriguez-Sanchez (33_)
Silvana Tabores (23_)
Felix Cardona Jr. (31)
Scott Waguespack (32)
Roberto Maldonado (26)
BYRON SIGCHO-LOPEZ ALDERMAN, 25TH WARD
1508 W 18TH STREET CHICAGO, ILLINOIS 60608 PHONE: 773523-4100 FAX: 773-523-9900 E-MAIL: WARD25@CITYbFCHICAGO.ORG
CITY OF CHICAGO
CITY COUNCIL
*
CITY HALL ROOM 200 121 NORTH LASALLE STREET CHICAGO, ILLINOIS 60602 PHONE: 773-523-4100
COMMITTEE MEMBERSHIPS
ZONING, LANDMARKS oV BUILDING STANDARDS
COMMITTEES 8c RULES CONTRACT OVERSIGHT & EQUITY HEALTH & HUMAN RELATIONS HOUSING 8c REAL ESTATE PEDESTRIAN & TRAFFIC SAFETY TRANSPORTATION & PUBLIC WAY
Very truly yours,
fr
Byron Sigcho-Lopez, (Ward 25)