The City Council discussed changes to the liquor code and drug violation fines at a meeting Monday.

The Council read through a proposed series of amendments to the city’s liquor license and renewal processes in hopes of streamlining the code for potential businesses.

According to a joint report submitted to the Council for review by city attorney Dean Frieders and city manager Mark Biernacki, the amendments would lower the number of liquor license categories. There are currently 22 types of classifications, and the amendment would lower that number to seven. The amendment would also reduce the length of the liquor code by 25 percent,

First ward alderman David Jacobson said the changes would be great way to clarify the language of the code and make it a smoother process for licensees.

“We have more liquor license categories than even the city of Chicago,” Jacobson said. “These changes would make it easier for new applicants to get into the market and it won’t be a burden for either the license holders or the city.”

The fees associated with renewing a license or applying for a license will remain mostly similar, according to the report. The proposed fee structure for the seven license system is designed to “treat all licensees fairly, and would not result in undue hardships to licensees.”

DeKalb Mayor Kris Povlsen said the proposed changes would certainly be tested should the amendment pass.

“The new regulations are really a matter of enforcement,” Povlsen said. “I think these changes will move us forward in a really positive way.”

Fifth ward alderman Ron Naylor said the proposed changes still needed to be tweaked before he would be happy with the ordinance.

“I’d like to see the fee for this structure more leveled out,” Naylor said. “I think the current proposal needs some work.”

Safety was also a big concern when considering the new liquor code, Povlsen said.

“We are not compromising any of the restrictions currently on liquor, which is important in keeping DeKalb safe,” Povlsen said.

The Council also looked over a proposal to lower the fees involved with minor possession cases. DeKalb currently processes the possession of drug paraphernalia or less that 2.5 grams of marijuana as “mail-in” offenses. These offenses are prosecuted as ordinance violations within the city and can be settled in a similar manner to a parking ticket. According to the proposal submitted to the Council by Frieders, Biernacki and Police Chief Gene Lowery, the proposal will be a more “efficient use of the legal system, and will reduce the demand on the police departments, legal systems and city resources.”

The proposed amendment would lower the minimum fine for a possession ordinance violation from $750 to $350. According to the proposal, this is meant to raise incentive for participating in the mail-in process.

The council also congratulated the NIU football team for its participation in the Orange Bowl game and the DeKalb High School Marching Band for its performance at the Sugar Bowl.

 

Examples of current liquor license application and renewal fees:

Package Liquor Stores: $10,000 application and $2,525 renewal

Small Grocery/Drug Stores: $5,150 application and $3,333 renewal

Medium Grocery/Drug Stores: $10,300 application and $8,079 renewal

Restaurants: $4,750 application and either $3,434 or $2,725 for renewal

Examples of proposed liquor license application and renewal fees:

Package Liquor Stores: $10,000 application and $2,500 renewal

Small Grocery/Drug Stores: $6,000 application and $3,300 renewal

Medium Grocery/Drug Stores: $10,500 application and $6,600 renewal

Restaurants: $5,000 application and $3,300 renewal

 

Mail-in Charges and You: A Guide to DeKalb Marijuana Tickets

DeKalb possession ordinance (Municipal Code Chapter 52, Section 52.400b-c)):

POSSESSION: Possession may be either actual or constructive.

1. Actual possession means exercising physical dominion.

2. Constructive possession may be inferred if the defendant has intent and capacity to maintain control and dominion over the cannabis or drug paraphernalia.

Current Penalty (Municipal Code Chapter 52, Sections 52.400c and 52.410c): Any person violating this Section shall be fined not less than Seven Hundred Fifty Dollars ($750.00) nor more than One Thousand Dollars ($1,000.00).

Proposed Penalty: A minimum fine of $350.

*The handling of possession of marijuana and drug paraphernalia charges are up the police officer in charge of the case. At their discretion, a case may be handled as either mail-in eligible city ordinance violation, or a state mandate violation. A state offense does not follow the same regulations as a city charge and will include a circuit court hearing.