ORDER OF THE COMMISSIONER OF HEALTH OF THE CITY OF CHICAGO
No. 2020-5 -NINTH AMENDED AND RE-ISSUED (EVENING CESSATION OF ALCOHOLIC LIQUOR SALES)
Issued and Effective: May 18, 2021
WHEREAS, In an Executive Order filed on May 17, 2021 (EO2021-10), the Governor of Illinois affirmed that a local government body may enact provisions that are stricter than those in the Executive Order; and
WHEREAS, Guided by public health data, on May 18, 2021, the Commissioner of Health of the City of Chicago re-issued Order No. 2020-9, identifying the Bridge Phase steps the City of Chicago will take to safely reopen; and
WHEREAS, It remains imperative to maintain social distancing and not permit groups of Chicagoans across the City to recklessly congregate and cluster at or near establishments that sell alcoholic liquor, in particular in the late evening, unacceptably placing their own health and the health of all Chicagoans in danger; and
WHEREAS, The Municipal Code of Chicago ("Code") authorizes the Commissioner of Health to implement emergency measures to stop the spread of communicable diseases, and to protect the health, safety, and welfare of the City's residents, including but not limited to authority granted in Sections 2-112-080, 2-112-160(a)(3) and (a)(4) of the Code, in addition to 77 III. Adm. Code Sections 690.1305(a) and 690.1310(c); and
WHEREAS, The Commissioner of Health continues to closely monitor the public health data to make determinations regarding appropriate restrictions; and
WHEREAS, This Order is issued following consultation with, and on the recommendation of, the Commissioner of Business Affairs and Consumer Protection, the Local Liquor Control Commissioner, and the Chicago Police Department; now, therefore,
The Commissioner of Health of the City of Chicago hereby orders as follows:
SECTION 1. Any establishment possessing a late-hour license under Section 4-60-130 of the Code shall allow only patrons who are fully vaccinated, as defined by the Centers for Disease Control and Prevention, against the virus that causes COVID-19 to enter or remain on the late-hour licensed premises during the additional hours until 4:00 a.m. on Mondays through Saturdays and until 5:00 a.m. on Sundays.
SECTION 2. Any establishment possessing a package goods license under Chapter 4-60 of the Code shall:
cease all sales of alcoholic liquor between 11:00 p.m. and the hour at which the licensee is permitted to resume alcoholic liquor sales under Section 4-60-130 of the Code; and
prominently post signage, in a form prescribed by the Commissioner of Business Affairs and Consumer Protection, at each publicly accessible entrance to the establishment and in any area of the establishment where alcoholic liquor is sold, informing patrons of the 11:00 p.m. cessation of alcoholic liquor sales.
SECTION 3. Pursuant to Sections 2-112-070 and 2-112-080 of the Code, in conjunction with enforcement authority granted in the Code to the following officers, this Order and Section 3 of Order No. 2020-9 may be enforced by the Commissioner of Business Affairs and Consumer Protection, the Local Liquor Control Commissioner, and the Chicago Police Department.
SECTION 4. In addition to any other penalty provided by law, any person who violates this Order or Section 3 of Order No. 2020-9 shall be subject to arrest, and to the fines set forth in Section 2-112-340 of the Code. Further, any business that violates this Order or Section 3 of Order No. 2020-9 shall be subject to sanctions, including, but not limited to, closure pursuant to Sections 2-112-080 and 2-112-210 of the Code.
SECTION 5. This Order does not grant any licensee any privilege to sell liquor in contravention of, or less restrictively than allowed by any other applicable ordinance or Order.
SECTION 6. This Order shall remain in effect until the Commissioner of Health makes a written determination that the threat to public health posed by COVID-19 has diminished to the point that this Order can be safely repealed.
Allison Arwady, M.D.,
Commissioner of Health of the City of Chicago
Dated: May 18, 2021
Office of the Chicago City Clerk
2021 MAY 18 pm4: 08