G-1057 - 10/13/2015 - LICENSE -ALCOHOL - Ordinances Supporting Documents ITEM 9.A.2)
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AGENDAITEM
Regular Board of Trustees Meeting
of
October 13, 2015
SUBJECT: An Amendment to 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-1057, "An
Ordinance Amending Chapter 1 of Title 4 of the Village Code of the Village of Oak Brook,
Illinois Regarding "BYO" Liquor License Regulations"
BackgroundlHistory:
After discussion at the Village Board meeting of September 8, 2015 regarding "BYO" liquor
license regulations, direction was given to Staff to ask for input on the proposed regulations from
the Village's restaurant establishments. Attached is the letter that was sent to our restaurant
establishments. The Village did not receive any questions or suggestions from restaurants
regarding the proposed `BYO"regulations.
In addition, based on the feedback from the Board, Staff and the Village Attorney have updated
the Ordinance creating the new BYO liquor license classification and adopting BYO liquor
regulations. The Ordinance now permits Class A-I and A-2 licensees to allow BYO
consumption without requiring these establishments to get a separate BYO liquor license.
Restaurants that do not have a Class A-1 or A-2 license can also permit BYO consumption if
they obtain a new Class J license, which specifically permits BYO consumption. The explanation
for the amendments are as follows:
Section 4-1-2
The amendment proposed to Section 4-1-2 would add additional clarity that a liquor license is
required by those who desire to permit BYO liquor consumption.
Qk-:r-
Section 4-1-7
The amendments proposed to Section 4-1-7 would:
• Permit Class A-1 and A-2 liquor licensees to allow BYO consumption on premises
without having to obtain a second liquor license.
• Add a new classification (Class J) specifically permitting the consumption of beer and
wine on the premises of a restaurant, which beer or wine has been brought into the
licensed premises by a patron for consumption while being served a meal on the
premises.
Section 4-1-8
The amendments to Section 4-1-8 create an application fee and annual license fee for the new
Class J liquor license. The proposed application fee is $2,000.00 and annual license fee is
$500.00.
Class A-1 and Class A-2 licensees, Class E licenses, and Special Event licensees whose license
specifically permits patrons to bring liquor into licensed premises would not be required to pay
additional fees to allow BYO consumption.
Section 4-1-16.5
The ordinance also proposes to add a new Section 4-1-16.5 to the Village Code, which section
contains specific conditions that Class A-1, A-2, and Class J licensees would need to follow to
serve alcohol brought into the premises by patrons. These conditions were modified after the
Board provided feedback at the prior Board meeting.
Section 4-1-24
The amendment to Section 4-1-24 is intended to make clear that, except for licensees with a
Class A-1, Class A-2, Class E, Class J, or a Special Event license that specifically permits
patrons to bring into licensed premises liquor, all other liquor licensees are prohibited from
allowing BYO consumption.
Recommendation:
Approve Ordinance G-1057
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October 5, 2015
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Village of
Oak Brook California Jeffrey White
California Pizza Kitchen, Inc.
1200 Oak Brook Road d/b/a California Pizza Kitchen
Oak Brook,IL 60523-2255
Website 551 Oakbrook Center
www.oak-brook.org Oak Brook, IL 60523
Administration RE: Proposed Village of Oak Brook"BYO" Liquor Regulations
630.368.5000 p g q g
FAX 630.368.5045
Dear Mr. White:
Community
Development
630.368.5101 You are receiving this letter because you currently possess a liquor license issued
FAX 630.368.5128 by the Village of Oak Brook, Illinois. This is to inform you that the Village Board
of the Village of Oak Brook, Illinois, will be considering an amendment to its
Engineering
Department Liquor Ordinance at its October 13, 2015 Village Board meeting.
630.368.5130
FAX 630.368.5128 The proposed amendment would be:
Fire Department
630.368.5200 5. Permit Class A-1 and A-2 liquor licensees to allow patrons to bring their
FAX 630.368.5251 own alcoholic liquor into a licensed establishment;
Police Department 6. Create a new "Class J" liquor license classification to permit restaurants
630.368.8700
FAX 630.368.8739 without an A-1 and A-2 liquor license to allow patrons to bring beer and
wine into the restaurant;
Public Works
Department 7. Allow Class A-1, A-2, and Class J liquor licensees to charge corkage fees to
630.368.5270 q g g
FAX 630.368.5295 customers; and
Oak Brook 8. Regulate how Class A-1, A-2, and Class J liquor licensees may serve
Public Library alcoholic liquor brought into the premises by patrons.
600 Oak Brook Road (Collectively, "BYO Regulations'. The proposed application fee for the "Class J"
Oak Brook,IL 60523-2200 liquor license is $2000.00 and the proposed annual license fee is $500.00.
630.368.7700 q p P
FAX 630.368.7704
For more information on the proposed BYO regulations, or to provide input to the
Oak Brook Sports Core Village, please contact my office 630-368-5052 prior to the October 13, 2015
meeting of the Village Board.
Bath&Tennis Club
700 Oak Brook Road
Oak Brook,IL 60523-4600 Sincerely,
630.368.6420
FAX 630.368.6439
Charlotte K. Pruss
Golf Club Village Clerk
2606 York Road g
Oak Brook,IL 60523-4602
630.368.6400
FAX 630.368.6419
ORDINANCE 2015-LC-AL-G-1057
AN ORDINANCE AMENDING CHAPTER 1 OF TITLE 4
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS
REGARDING "BYO" LIQUOR REGULATIONS
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 Liquor Regulations do not currently contain a liquor classification or regulations
that specifically permit or regulate liquor licensees who desire to serve alcoholic liquor brought into the
licensee's establishment by patrons ("BYO Regulations'l; 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 to: (i) allow Class A-1 and A-2
liquor licensees serve alcoholic liquor brought into the licensees' establishment by the licensee's patrons;
(ii) create a new"Class X liquor license allowing restaurants that do not possess either a Class A-1 or A-2
liquor license to serve beer or wine brought into the establishment by the licensee's patrons; and (iii)
adopt BYO Regulations;
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 3 of the Village Code. Section 3,
entitled "Definitions," 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:
SALE: Any transfer, exchange or barter, in any manner or by any means whatsoever, for
a consideration and not for resale, including all sales made by any person, except a
person acting in the privacy of his/her home, or as part of a religious ceremony, whether
as principal, proprietor, agent, servant or employee, and including, but not limited to, all of
the following acts when done for consideration:
A. The selling of liquor;
B. The delivery of liquor, without additional charge, with a meal or with
entertainment or the providing of samples of liquor as part of a promotion or
sales device of any kind;
C. The dispensing of liquor;
Additions are bold and double-underlined;a°'°*^^° °�°°*^ ^' through.; ^'
Ordinance 2015-LC-AL-G-1057
Amending Chap. 1,Title 4 re:
"BYO"Liquor Regulations
Page 2 of 6
D. The providing of mix, ice, water or glasses for the purposes ofocin. or
mixing drinks containing alcoholic liquor for consumption on the same premises;
E. The pouring of liquor;
F. The providing of"set-ups" containing alcoholic liquor.
Section 3: Amendment to Title 4, Chapter 1, Section 7 of the Village Code. Section 7,
entitled "License Classifications," 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:
4-1-7: LICENSE CLASSIFICATIONS:
Retail liquor licenses issued under this chapter shall be divided into the following classes:
CLASS A-1: Retail sale of alcoholic liquor for consumption on the premises where sold
when the primary business conducted on said premises is that of a restaurant, when the
ratio of seating predominantly or exclusively used for dining purposes to that seating for
bar or lounge areas equals or exceeds three and one-half to one (3.5:1). A license of this
classification may be issued to an establishment located within another establishment,
such as a department store, provided that the licensed establishment meets all other
criteria stated herein. Holders of a class A-1 license with banquet hall faGilities GGRtaffiRiRg
not less thaR thFee thousand (3,000) square feet of floei: 6paGe open to the pub may
dispense alcoholic liquor brought on the licensee's premises by a customer of the
licensees
which service is subject to the conditions and
restrictions set forth in section 16.5, and all other applicable sections of this
�. Also permitted is the distribution of alcoholic liquor for consumption on the
premises provided that the alcoholic liquor is not sold and is offered only in conjunction
with a special event or sale which is by invitation only and not open to the general public
in a department store which contains at least fifty thousand (50,000) square feet of retail
area.
CLASS A-2: Retail sale of alcoholic liquor for consumption on the premises where sold
when the primary business conducted on said premises is that of a restaurant when the
ratio of seating predominantly or exclusively used for dining to that seating for bar/lounge
area is less than three and one-half to one (3.5:1), but not less than one and four-tenths
to one (1.4:1). A license of this classification may be issued to an establishment located
within another establishment, such as a department store, provided that the licensed
establishment meets all other criteria stated herein. Holders of a class A-2 license with
baRquet hall faGilities Gentaining RGt less thaR three thousand (3,000) square feet of floe
may dispense alcoholic liquor brought on the licensee's
premises by a customer of the licensee, iR GGRjURGtion with the use of the lirensee's
which service is subject to the conditions and
restrictions set forth in section 16.5 and all other applicable sections of this
CLASS A-3: Retail sale of alcoholic liquors for consumption on the premises where sold,
such as in a tavern, saloon or bar where the primary business is not that of a restaurant.
CLASS B: Retail sale of alcoholic liquors in the original package, not for consumption on
the premises where sold, except for as specifically permitted by section 4-1-17 of this
chapter. No licensee shall give, or offer to give, alcoholic liquor as a gift or gratuity with
the sale of products other than alcoholic liquors, or induce the purchase of or promote the
sale of products other than alcoholic liquors, except for as specifically permitted by
Additions are bold and double-underlined; .
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Ordinance 2015-LC-AL-G-1057
Amending Chap. 1,Title 4 re:
"BYO"Liquor Regulations
Page 3 of 6
section 4-1-17 of this chapter. A license of this classification may be issued to an
establishment located within another establishment, such as a department store,
provided that the licensed establishment meets all other criteria stated herein.
CLASS C: Retail sales of alcoholic liquors for consumption on the premises of regularly
organized clubs.
CLASS D: Retail sale of alcoholic liquor in conjunction with the service of food by
caterers for catered events conducted off the premises of the licensee, provided that the
sale of alcoholic liquor by the drink is not permitted.
CLASS E: Retail sale of alcoholic liquor in hotels and motels. Retail sales may take place
only in areas specifically designated on the license.
A. The holder of a class E license issued to a hotel/motel may install cabinets
for the storage of liquor for the use of room guests in each room; provided,
however, that each such cabinet shall be securely locked and a separate key
from the room key given only to a guest twenty one (21) years or older at the
time of registration.
B. Any hotel/motel providing cabinets for the storage of liquor available in
guestrooms on the effective date hereof shall provide locks for such cabinets.
CLASS F: Retail sale or dispensing of alcoholic liquor on a temporary basis during a
special event as defined and regulated in section 4-1-17 of this chapter.
CLASS G: Retail sale of alcoholic liquor for consumption at the village sports core which
includes the following facilities: municipal golf clubhouse, beverage cart service, veranda,
Oak Brook room, saddle room, polo fields, poolside and library.
CLASS H: Retail sale of alcoholic liquor for consumption on the premises of municipally
owned and operated recreation facilities, including the grounds, but not including the
village sports core.
CLASS I: Retail sale of alcoholic liquor for consumption on the premises where sold
when the primary business conducted on the premises is that of a movie theater,
provided that a movie theater is not an adult motion picture theater.
LASS J: The consumption of beer and wine on the premises of a restaurant.
which beer or wine has been brought into the licensed premises by a patron for
consumption while being served a meal on the premises, su bint to the conditions
and restrictions set forth in section 16.5 and all other applicable sections of this
Section 4: Amendment to Title 4, Chapter 1, Section 8 of the Village Code. Section 8,
entitled "License Fees and Numbers," 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:
4-1-8: LICENSE FEES AND NUMBERS:
A. Fees And Number Of Licenses Authorized: The fees for the licenses issued and
the number of licenses authorized pursuant to this chapter shall be as follows:
Additions are bold and double-underlined; stfuek*'rough
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437131344_v4
Ordinance 2015-LC-AL-G-1057
Amending Chap. 1,Title 4 re:
"BYO"Liquor Regulations
Page 4 of 6
Class Of Application Annual Number
License Fee License Fee Issued
A-1 $2,000 .00 $2,750.00 26
A-2 $2,000 .00 $2,750.00 0
A-3 $2,000 .00 $2,750.00 1
B $2,000 .00 $2,750.00 14
C $2,000 .00 $2,200.00 1
D $2,000 .00 $2,200.00 2
E $2,000 .00 $4,950.00 6
F No fee $50.00 per event Not
applicable
G No fee No fee 0
H No fee No fee 1
I $2,000.00 $2,750.00 1
,i $2,000.OQ $500 a
Section 5: Amendment to Title 4, Chapter 1, Section 16.5 of the Village Code. Chapter 1,
entitled "Liquor Control," of Title 4, entitled "Business and License Regulations," of the Village Code shall
be amended further to add a new Section 16.5, which shall read as follows:
4-1-16.5: "BRING YOUR OWN LIQUOR" REGULATIONS:
In addition to the other applicable conditions and requirements of this chanter.
Class A-1, A-2, and J I"cluor licensees may allow for the consumption of alcoholic
liquor on the licensed premises that has been brought into the licensed premises
by a patron subject to the following pf ovisions. conditions and restrictions:
A. It shall be unlawful:
1. For any Class J liquor licensee to serve any type of alcoholic liquor
that is brought into the licensed premises by a patron other than
beer or wine:
2. For any person under the age ring alcoholic liquor
into a licensed premises:
3. For any person to bring alcoholic liquor into the licensed premises
in an unsealed container or receptacle,acle, or in a container or
receptacle other than its original package as defined in Section I-
3.06 of the Liquor control Act of 1934(235 ILLS 5/1-3.061:
4, at is
brought Onto the licensed premises by a patron of
a. Under the age of 21 years; or
b. Not seated at a table or bar, and being served a mealF
5. For any person other than an employee of the licensed premises to
open or pour the container of alcoholic liquor:
6. For any person to exit the licensed premises with an open container
Of alcoholic liguor provided, however, that a person may exit the
licensed premoses w0th ;ne partially consumed bottle of win tha
Additions are bold and double-underlined; deletions are stfuek thfough.
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Ordinance 2015-LC-AL-G-1057
Amending Chap. 1,Title 4 re:
"BYO"Liquor Regulations
Page 5 of 6
has been sealed in compliance with Section 6-33 of the Lia_uor
Control Act of 1934 (235 ILCS 5/6-33).; and
7. To store on the licensed premises after the permitted consumption
hours any unconsumed alcoholic liquor other than wine that was
brought into the licensed premises by a patron, provided that any
wine to be stored on the premises must be in its original and
unopened container.
B. The licensed premises may charge a service or corkage fee for the serving
of beer or wine that is brought into the licensed premises by a patron.
Section 6: Amendment to Title 4, Chapter 1, Section 24 of the Village Code. Section 24,
entitled "Prohibited Acts," 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:
4-1-24: PROHIBITED ACTS:
A. Prohibited Activities on License Premises:
10. No liquor licensee may permit a patron to bring alcoholic liquor
o a licensed premises for consumption in the licensed
premises exce tp for:
a. Class A-1 liquor licensees:
b. Class A-2 liquor licensees:
c. Class J liquor licensees:
d. Class E liquor licenses, provided that such consumption
occurs only within hotel or motel rooms; and
e. Special Event-licensees_specifically authorized within such
special event license to allow patrons to bring alcoholic
liquor onto a licensed premises for consumption on the
licensed premises.
Section 7: 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 8: 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.
[SIGNATURE PAGE FOLLOWS]
Additions are bold and double-underlined;
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Ordinance 2015-LC-AL-G-1057
Amending Chap. 1,Title 4 re:
"BYO"Liquor Regulations
Page 6 of 6
APPROVED THIS 13`h 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;deletions stfue-thfouR'
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437131344v4