G-439 - 11/28/1989 - LICENSE -ALCOHOL - Ordinances L.IC,EAjTE -ALC►oHoL
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ORDINANCE G- 4 39
AN ORDINANCE AMENDING SECTION 3-29
OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK
RELATIVE TO THE PROHIBITION OF CERTAIN SALES OF ALCOHOLIC BEVERAGES
WHEREAS, the Village President and Board of Trustees have heretofore
passed and approved Ordinance G-397, which ordinance sets forth certain
restrictions on the sale of alcoholic beverages, commonly referred to as
"happy hours" prohibition; and
WHEREAS, the General Assembly of the State of Illinois has recently
adopted Public Act 86-462, which Public Act prohibits happy hours consistent
with the Village's ordinance, which ordinance has been codified in Section
3-29 of the Code of Ordinances of the Village of Oak Brook; and
WHEREAS, said Public Act provides exemptions in addition to those
enumerated in the Village's ordinance; and
WHEREAS, the Village President and Board of Trustees desire to amend
Section 3-29 to conform said exemptions to those set forth in Public Act
86-462;
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: That the provisions of the preamble hereinabove set forth are
hereby adopted as though fully set forth herein.
Section 2: That Section 3-29(B) and (C) of the Code of Ordinances of the
Village of Oak Brook be and are hereby amended to read as follows:
"Section 3-29. Certain sales prohibited.
(B) It shall be unlawful for any licensee selling alcoholic beverages to
be served and consumed on the licensed premises to engage in any of the
following enumerated practices. For purposes of this section, "drink"
shall mean any drink containing alcoholic liquor as defined in Section
3-1 of this Code of Ordinances:
1) deliver or serve two or more drinks to one person at one time,
excepting selling or delivering wine by the bottle or carafe.
L" 2) sell, offer or deliver to any person an unlimited number of drinks
during any set period of time for a fixed price, except at private
functions not open to the public.
3) sell, offer to sell or deliver drinks to any person or group of
persons on any one date at prices less than those charged the general
G - L+33 �.
Ordinance G- 4 3 9
Amending Section 3-29 Relative to
the Prohibition of Certain Sales
of Alcoholic Beverages
Page 2
public on that entire day, except at private functions not open to
the public.
4) increase the volume of alcoholic beverages contained in a drink
without increasing proportionately the price charged for such drink.
5) encourage or permit on the licensed premises any game or contest
which involves drinking or the awarding of drinks as prizes.
6) advertise or promote in any way whether within or without the
licensed premises any of the above practices
C) The prohibited practices contained in subsection B hereof shall not
prohibit licensees from:
1) offering free food or entertainment at any time.
2) including a drink as part of a meal package.
3) including drinks of alcoholic liquor as part of a hotel package.
4) negotiating drinks of alcoholic liquor as part of a contract between
a hotel or multi-use establishment and another group for the holding
of any function, meeting, convention or trade show;
5) providing room service to persons renting rooms at a hotel;
6) selling pitchers (or the equivalent, including but not limited to
buckets), carafes, or bottles of alcoholic liquor which are
customarily sold in such manner and delivered to two or more persons
at one time; or
7) increasing prices of drinks of alcoholic liquor in lieu of, in whole
or in part, a cover charge to offset the cost of special
entertainment not regularly scheduled."
Section 3: That all ordinances or parts thereof in conflict with the
provisions' of this ordinance be and the same are hereby repealed.
L. Section 4: That this ordinance shall be in full force and effect from
and after passage, approval and publication in pamphlet form as provided by
law.
Section 5: That the Village Clerk is hereby authorized and directed to
publish this ordinance in pamphlet form in the manner provided by law.
G
ordinance G-439
Amending Section 3-29 Relative to
the Prohibition of Certain Sales
of Alcoholic Beverages
Page 3
PASSED THIS 28th day of November 1989.
Ayes: Trustees Bartecki , Bushy, Maher, Payovich, Rush and Winters
Nays: None
Absent: None
Abstain: None
APPROVED THIS 28th day of November ?989.
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Village Presi nt
ATTEST:
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Village Clerk
Approved as to Form:
Vil age Attorney
Published 11- 29- 89 Pamphlet form
Date Paper
Not Published
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VI LLAGL OF OAK BROOK
I2C0 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 - 2255
November 6, 1.989 3 1 _' 9 -3
MEMO TO: Stephen Berley, Village Manager
FROM: John H. Brechin, Village Attorney
SUBJECT: Public Act 86-462 - Happy Hours
I reviewed your memorandum of October 23, 1989 and concur with your general
conclusions that our ordinance is consistent with the State Statute. More
specifically, it appears that the State Statute is a copy of our happy hour
ordinance. The only substantial difference that the State law provides is in
its expansion of the exemptions. It would be appropriate to amend our
`- ordinance to add these additional exemptions so that our ordinance is in
conformance with the State Statute.
Unless I hear from you to the contrary, I will proceed to draft the necessary
ordinance to include these additional exemptions as part of our happy hour
ordinance.
Respectfully submitted,
Sohn H. Brechin
Village Attorney
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FCOUNT�'
`- VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
November 22, 1989 708 990-3000
MEMO TO: Village President and Board of Trustees
FROM: Stephen Berley, Village Manager
RE: Amending Code of Ordinances of the Village of Oak Brook Relative
to the Prohibition of Certain Sales of Alcoholic Beverages
RECOMMENDATION: That the Village President and Board of Trustees approve an
Ordinance which amends Section 3-29 of the Code of Ordinances
of the Village of Oak Brook Relative to the Prohibition
of Certain Sales of Alcoholic Beverages
The Village President and Board of Trustees previously passed and approved Ordinance
No. G-397 (Exhibit #2) which sets forth certain restrictions on the sale of alcoholic
beverages commonly referred to as "Happy Hours" prohibition. Recently the
General Assembly approved a bill, which the Governor also signed, that prohibits
Happy Hours which appears to be a copy of the Village of Oak Brook's ordinance.
However, the new Public Act provides exemptions in addition to those enumerated
in the Village's ordinance.
Attorney Brechin and I discussed said exemptions with President Cerne and determined
that it would be appropriate to amend our ordinance to add the additional exemptions
allowed by the State so that our ordinance is in conformance with the State Statutes.
Therefore, it is recommended that the Village's ordinance be amended to include
the following additional exemptions:
1) Including drinks of alcoholic liquor as part of a hotel package.
2) Negotiating drinks of alcoholic liquor as part of a contract between a hotel
or multi-use establishment and another group for the the holding of any function,
meeting, convention, or trade show.
3) Selling pitchers (or the equivalent including but not limited to buckets), carafes,
or bottles of alcoholic liquor which are customarily sold in such manner and
delivered to two or more persons at one time; and
4) Increasing prices of drinks of alcoholic liquor in lieu of, in whole or in part,
a cover charge to offset the cost of special entertainment not regularly scheduled.
0
Page 2 t�R�\F T 1.39
11/22/89 `..
The attached proposed ordinance (Exhibit #0 includes the additional exemptions
allowed by the State of Illinois. It is recommended that the President and Board
review the attached ordinance and additional exemptions and if they deem appropriate,
adopt the attached ordinance. If you have any questions regarding this item,
please contact me.
Respectfully submitted,
Stephen Berl
Village Manager
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Attachments
�RAOFT C-r-431
VILLAGE OF OAK BROOK Minutes -2- November 28, 1989
B. ORDINANCE NO. G-438 AN ORDINANCE AMENDING ORDINANCE G-177 THE TRAFFIC
CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS, AS AMENDED AND REPEALING_
THE PROHIBITION OF RIGHT TURNS ON RED FOR EASTBOUND TRAFFIC ON 22ND
STREET AT SPRING ROAD:
Trustee Bushy moved, seconded by Trustee Rush. . .
To pass Ordinance No. G-438 as presented and waive the full reading
thereof.
ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Maher, Payovich, Rush, Winters
and President Cerne.
Nays: None
Absent: None So ordered.
C. ORDINANCE NO. G-439 AN ORDINANCE AMENDING SECTION 3-29 OF THE CODE OF
ORDINANCES OF THE VILLAGE OF OAK BROOK RELATIVE TO THE PROHIBITION OF
CERTAIN SALES OF ALCOHOLIC BEVERVES:
Proposed Ordinance amends Section 3-29 of the Code of Ordinances of the
Village of Oak Brook relative to the prohibition of certain sales so
that the Ordinance is in conformance with the State Statutes.
Trustee Bushy moved, seconded by Trustee Bartecki. ..
To pass Ordinance No. G-439 as presented and waive the full reading
thereof.
ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Maher, Payovich, Rush, Winters
and President Cerne.
Nays: None
Absent: None So ordered.
D. ORDINANCE NO. G-440 AN ORDINANCE AMENDING SECTIONS 2-53 AND 2-182 OF
THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK REGARDING PROCEDURES
FOR BIDDING AND AWARDING CONTRACTS:
Proposed Ordinance amends Sections 2-53 and 2-182 of the Code of
Ordinances of the Village of Oak Brook regarding procedures for bidding
and awarding contracts by increasing the threshold for requiring
competitive bidding from $5,000 to $10,000 and to authorize the Village
Manager to purchase without competitive bidding supplies, equipment,
materials, and services if they do not exceed $5,000.
Trustee Bartecki moved, seconded by Trustee Rush. . .
To pass Ordinance No. G-440 as presented and waive the full reading
thereof.
ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Maher, Payovich, Rush, Winters
and President Cerne.
Nays: None
Absent: None So ordered.
IV. FINANCIAL:
No Business.
V. OLD BUSINESS:
A. Recommendation to Accept Quote - Pistol Range E ue ipment:
Authorization given at the Regular Meeting of June 13, 1989; two (2)
quotes were received.-
Trustee Bushy moved, seconded by Trustee Rush. . .
VILLAGE OF OAK BROOK Minutes -2- November 28, 1989
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RCOUNTy,
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
December 1 , 19T9 708 990-3000
Municipal Code Corporation
1700 Capital Circle S.W.
P. 0. Box 2235
Tallahasee, Florida 32304
Attention: Mr. Robert Laslie
Dear Mr. Laslie:
The Village Board at their Board Meeting of Tuesday, November 28, 1989, passed and
approved the following ordinances:
OR_DIN_ANCE NO. G-437 AN ORD_I_NANCE AMENDING SECTION 9-12 OF THE CODE_ OF
ORDINANCES OF THE VILLAGE OF OAK BROOK RELATING TO ANIMAL CONTROL
ORDINANCE NO. G-438 AN ORDINANCE_ AMEN_DI_N_G ORDINA"ICE_ G-1_77 THE TRAFFIC CODE OF
THE CODE OF THE VILLAGE OF OAK BR00_K, ILLINOIS_, AS AMENDED AND REPEALING THE
PROHIBITION OF RIGHT TURNS ON RED FOR EASTBOUND TRAFFIC ON 22ND STREET AT
SPRING ROAD
�bINANCE_N_O._G-439 AN ORDINANCE_AMEN_DING SECTION 3-29 OF THE CODE OF
ORDINANCES_ - THE VI_L_L_AGE OF OAK_ BROOK RELATIVE TO THE P_R_O_H_I_B_I_T_ION OF CERTAIN
SALES OF ALCOHOLIC BEVERAGES
ORDINANCE NO. G-440 AN ORDINANCE AMENDING_ SECT_I_O_NS_2-53 AND 2-182 OF THE CODE
OF ORDINAN_C_ES OF THE VILLAGE_ OF OAK BROOK_ REGARDING PROCEDURES FOR BIDDING AND
AWARDING OF CONTRACTS
The above Ordinances are being forwarded to you for inclusion in the next
supplement of the Code of Ordinances of the Village of Oak Brook. I would
appreciate your acknowledging receipt of these Ordinances.
Sincerely,
John H. Brechin
Vill ge Attorney
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Enclosures