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G-1059 - 10/13/2015 - LICENSE -ALCOHOL - Ordinances Supporting Documents ITEM 9.A. 1) OF {7q 1r�9 d 40 Impawn a p O NV �&C©tIN'tY,�`y AGENDAITEM Regular Board of Trustees Meeting of September 22, 2015 SUBJECT: An Amendment of Chapter 1 of Title 4 of the Village Code of the Village of Oak Brook, Illinois Regarding Liquor License Regulations FROM: Charlotte K. Pruss, Village Clerk BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to approve passage of Ordinance G-1059, "An Ordinance Amending Section 15 of Chapter 1 of Title 4 of the Village Code of the Village of Oak Brook, Illinois Regarding Delivery of Liquor Bacliground/Distory: After discussion at the Village Board meeting on September 22, 2105 regarding the Village's Liquor License Code, direction was given to the Village Attorney and Staff to amend the Village Code to allow Class B liquor licensee to deliver alcoholic liquor to their customers' homes or places of business. Staff and the Village Attorney have prepared the Ordinance to amend Section 4-1-15 of the Village Code to provide that Class B liquor licensees may deliver alcoholic liquor to their customers pursuant to certain restrictions. The explanation for the amendments are as follows: Section 4-1-15 Delivery of alcoholic liquor off-premises by Class B liquor licensee must comply with the following regulations: • Alcoholic liquor must be delivered to, and signed for at the time of delivery by, a person who is 21 years of age or older. T net,xi,rtNrl 1!1/7/x(11� 1 17 PM • The person delivering alcoholic liquor on behalf of the liquor licensee must check the identification of any person accepting delivery of the alcoholic liquor at the time of delivery • Alcoholic liquor may only be delivered in its original and unopened container. • Licensees must comply with all applicable law when making deliveries. Recommendation: Approve Ordinance G-1059 Last printed 10/7/2015 1:12 PM ORDINANCE 2015-LC-AL-G-1059 AN ORDINANCE AMENDING SECTION 15 OF CHAPTER 1 OF TITLE 4 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS REGARDING DELIVERY OF LIQUOR WHEREAS, the Village of Oak Brook, Illinois ("Village") is a body politic and corporate, organized and existing pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq.; and WHEREAS, Section 11-42-10.1 of the Illinois Municipal Code, 65 ILCS 5/11-42-10.1, and Section 4-1 of the Illinois Liquor Control Act, 235 ILCS 5/4-1, provide the Village the authority to determine the number, kind, and classification of licenses for retail sales of alcoholic liquor; and WHEREAS, pursuant to Chapter 1 of Title 4 of the Village Code of the Village of Oak Brook, Illinois, the Village regulates the number, kind, and classification of licenses for retail sales of alcoholic liquor("Liquor Regulations"); and WHEREAS, the Village desires to amend the Liquor Regulations to more clearly specify that Class B liquor licensees may deliver alcoholic liquor to their patrons, provided that the licensees comply with the restrictions set forth in this Ordinance and all other applicable laws; and WHEREAS, the Village President and Board of Trustees have determined that it is in the best interest of the Village and its residents to amend the Liquor Regulations pursuant to this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Ordinance as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Amendment to Title 4 Chapter 1, Section 15 of the Village Code. Section 15, entitled "Conditions of Licenses," of Chapter 1, entitled "Liquor Control," of Title 4, entitled "Business and License Regulations,"of the Village Code shall be amended further, and shall read as follows: 4-1-15: CONDITIONS OF LICENSES: G Delivery of Alcoholic Liquor Off-Premises• It shall be unlawful for anv liquor licensee licensed by the Villaae to deliver alcoholic liquor to someone located in the Village and outside of the licensee's licensed nramicnc Notwithstanding anything contained herein to the contrary. liquor licensees may deliver alcoholic liquor to their customers outside of the licensee's licensed premises provided that the Class B liquor licensee complies with the following regulations: 1. Alcoholic liquor must be delivered to, and signed for at the time of delivery by, a person who is 21 years of age or older;. 2. The person delivering alcoholic liquor on behalf of the liquor licensee must check the identification of any person accepting delivery of the alcoholic liquor at the time of delivery: Additions are bold and double-underlined;—deletions are struck`hfough Ordinance 2015-LC-AL-G-1059 Amending Sec. 15,Chap. 1,Title 4 re: Delivery of Alcoholic Liquor Page 2 of 2 3. Alcoholic liquor may only be delivered in its original and unopened container; and 4. The liquor licensee must comply with all federal, state, and Joical laws, regulations, rules and ordinances that are applicable to the delivery of alcoholic liquor. Section 3: Severability. If any provision of this Ordinance or part thereof is held invalid by a court of competent jurisdiction, the remaining provisions of this Ordinance shall remain in full force and effect, and shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent of this Ordinance to the greatest extent permitted by applicable law. Section 4: Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. APPROVED THIS 13th day of October, 2015 Gopal G. Lalmalani Village President PASSED THIS 13th day of October, 2015 Ayes: Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk Additions are bold and double-underlined;a ' *ions are^«,..,,.v t4ough. 2 #37456554_vl