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G-1076 - 05/10/2016 - LICENSE -ALCOHOL - Ordinances Supporting Documents ITEM 9.G. 1) BOARD OF TRUSTEES MEETING VILLAGE of SAMUEL E. DEAN BOARD ROOM OAK B R K . BUTLER GOVERNMENT CENTER c92. � 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of May 10, 2016 SUBJECT: An Amendment to Chapter 1 of Title 4 of the Village Code of the Village of Oak Brook, Illinois Relating to Coffee Shops FROM: Charlotte K. Pruss,Village Clerk BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to approve passage of Ordinance G-1076, "An Ordinance Amending Chapter 1 of Title 4 of the Village Code of the Village of Oak Brook,Illinois Relating to Coffee Shops" Background/History: We were contacted by Starbucks regarding serving beer and wine beverages at their current establishment within the Village of Oak Brook (See Attachement). In reviewing our current Village's Liquor License Ordinance and in consultation with the Village Attorney, the Village Clerk Charlotte Pruss and Deputy Village Clerk Kathy Vonachen recommend that Title 4, of Chapter 1, Section 7 ("Liquor Regulations") of the Village Code be amended to permit coffee shops in the Village to serve liquor. The amendments to Section 4-1-3, 4-1-7, 4-1-8, and 4-1-15 of the Liquor Regulations would create a new classification specifically permitting coffee shops to sell liquor to its patrons. The explanation for the amendments are as follows: Section 4-1-3 The amendment proposed to Section 4-1-3 would add a new definition pertaining to j coffee shop establishments. BOT AGENDA Page 1 ^ Section 4-1-7 The amendment proposed to Section 4-1-7 would add a new classification (Class K) specifically permitting retail sale of alcoholic liquor for consumption when the primary business conducted on the premises is that of a coffee shop Section 4-1-8 The amendments to Section 4-1-8 create an application fee and annual license fee for the new Class K liquor license. The proposed application fee is $2,000.00 and the proposed annual license fee is $2,750.00. These fees are consistent with the fees charged by the Village for other types of liquor licenses. Section 4-1-15 The ordinance also proposes to add a new Section 4-1-15 to the Village Code, which section contains specific conditions that coffee shop licensees would need to follow to serve liquor in a coffee shop. These conditions have been specifically tailored for coffee shops. The Village Board may remove or add any conditions it deems desirable if it decides to create a new liquor license specifically for coffee shops. Recommendation: The recommendation is for passage of Ordinance G-1076, "An Ordinance Amending Chapter 1 of Title 4 of the Village Code of the Village of Oak Brook, Illinois Relating to Coffee Shops". BOT AGENDA Page 2 t, !t 6z i STARBUCKS EVENINGS CUP/Public Hearing > What to expect > Starbucks Evenin s overview > Sample StarbuO-) Evenings menu > Operational cletc-jiis . ` x� ^fie y. . r e, s $ �� } 6 2/STARBUCKS EVENINGS STARBUCKS EVENINGS OVERVIEW Why Starbucks Evenings? >,By expanding our offerings to include food and drinks that are more suitable for the evening hours, we are enhancing our role as a gathering place for the community throughout the day and into the evening History and Future of Evenings > The Evenings menu is currently offered at more than 75 stores across the U.S., including Washington, Oregon, Los Angles, Chicago, Florida, Atlanta, and most recently expanded into Denver, Miami, Orlando and Northern California. > We are on track to launch the Evenings menu at about 2,000 stores in the US by year end 2019 Customer Experience > Starbucks Evenings stores are a familiar and inviting place with an expanded food and beverage menu that is more appropriate for the late afternoon/evening occasion without a bar atmosphere > Evenings provides our customers: saws jejol salois e jo (Aep aad pros sjiun zz — g) %z — t do ajew of jaaq pue auiM IDadxa aM < s6uruan3 aof u014v4.)adxa saIDS juawaiinba.i @beds pue ubisap ino 1!j osle jegj spooq,Iogg6iau jg6ia aqj ui saaoIs ID@Ias Je 6uijool We am —aaaq pue auinn anaas Ip m eaae agl ui aaois Aaana ION < aao4s s5uruan3 U0 ,10f n1104M.) aY-L s ('DID '6uileas 1os 'algej Aj!unu. 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Wrapped Brie and apricot preserves. hearts and miniature sweet chorizo sausage, wrapped in in parchment paper and served Served with rich sea salt peppers. Served warm with bacon. Crisped with a drizzle of in a glass crackers and red grapes lemon parsley aioli sauce balsamic glaze. Truffle Macaroni Artichoke & Goat Chicken Sausage & Parmesan Crusted & Cheese Cheese Flatbread Mushroom Chicken Skewer i` 11 q I +� Elbow macaroni with truffle Flatbread with dry Jack cheese, Flatbread layered with slices of Chicken breast with a fondue and black truffle all marinated artichoke hearts, red chicken sausage, oven-roasted Parmesan and panko breading. topped with herbed Parmesan peppers and goat cheese. tomatoes, diced cherry peppers and Served with a honey Dijon breadcrumbs. a chopped mushroom spread sauce. Double Chocolate Chocolate Brownie Bites Truffles Our classic brownie with Espresso, Champagne and drizzles of chocolate and Raspberry. Available V caramel. individually or as a trio �.. 0 2014 Starbucks corporation.All rights reserved.Internal Use Only. Published October 2014 Page 1 of 1 Ordinance 2016-LC-AL-G-1076 AN ORDINANCE AMENDING CHAPTER 1 OF TITLE 4 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS RELATING TO COFFEE SHOPS WHEREAS, Title 4 of the Oak Brook Code is referred to as the Oak Brook Liquor Control Ordinance; and WHEREAS, the Liquor Control Ordinance prohibits the sale and service of alcoholic beverages in the Village without a liquor license issued by the Village; and WHEREAS, the Village desires to amend the Liquor Control Ordinance to establish a new liquor license class to permit the sale of wine and beer by coffee shops located within the Village, subject to conditions; and WHEREAS, the Village Board has determined that it is in the best interests of the Village to amend the Liquor Control Ordinance as set forth in this Ordinance; and 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 in that a new definition shall be added in its proper alphabetical place, as follows: COFFEE SHOP: Means a place of business that is: (a) licensed if such requirement is contained within the Ordinances of the Village; (b) opens to the public for business each day and remains open to the public for business continuously for not less than ten hours; and (c) is engaged in the primary business of the sale, over a counter located at the point of sale where customers place orders, of: (i) coffee, tea, coffee-based beverages, tea-based beverages, and other beverages prepared on the premises for consumption on or off the premises where served; and (ii) food items, including baked goods for consumption on or off the premises where served. The sale or service of beer and wine at any coffee shop located within the Village is prohibited except pursuant to a Class K Coffee Shop License. No coffee shop located within the Village is eligible for any class of liquor license other than a Class K Coffee Shop License. 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 in that a new license classification, Class K, shall be added to the existing classes. Class K shall read as follows: CLASS K: Retail sale of beer and wine for consumption on the premises where sold when the primary business conducted on the premises is that of a coffee shop. All sales of beer and wine will be for consumption on the premises only. All alcoholic beverages poured from original packaging into glass containers prior to service to consumers. Beer and wine sales will account for less than 10% of the total sales of the business. All employees will be 21 years of age or older and no table service will be permitted. Beer and wine must be ordered and received at a counter. Ordinance 2016-LC-AL-G-1076 Amending Chap.1 of Title 4 re: Relating to Coffee Shops Page 2 of 2 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 in that a new class of license, Class K, shall be added with an application fee of$2,000 and an annual license fee of $2,750 with only one Class K License to be issued. Section 5: 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 by the addition of the following sentences to the end of Section F, and shall read as follows: 4-1-15: CONDITIONS OF LICENSES: F. Permitted Hours for Sale and Consumption of alcohol for Licensee which has been granted a Class K License, shall permit the sale of beer and wine only between the hours of 12:00 p.m. to 10:00 p.m. Monday through Sunday. Section 6: 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 7: 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 10th day of May, 2016 Gopal G. Lalmalani Village President PASSED THIS10th day of May, 2016 Ayes: Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk