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G-570 - 05/14/1996 - LICENSE -ALCOHOL - Ordinances ORDINANCE 96-AL-RR-EXI-G-570 AN ORDINANCE ADOPTING A COMPREHENSIVE AMENDMENT TO CHAPTER 3 ENTITLED, "ALCOHOLIC BEVERAGES" OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAR BROOK, ILLINOIS WHEREAS, the Village Manager and staff have recommended a comprehensive amendment to Chapter 3 entitled, "Alcoholic Beverages" of the Code of Ordinances of the Village of Oak Brook; and WHEREAS, the Village President and Board of Trustees have reviewed this comprehensive amendment and have approved the changes recommended by the Village Manager and staff; 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 Chapter 3 entitled, "Alcoholic Beverages of the Code of Ordinances of the Village of Oak Brook is amended to read as forth in the attached exhibit labeled Exhibit A and incorporated herein by reference. Section 3: That this ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Section 4: That the Village Clerk is hereby authorized and directed to publish this ordinance in pamphlet form in the manner provided by law. PASSED THIS 14th day of May, 1996. Ayes: Trustees Kenny, McInerney, Payovich and Shumate Nays: None Absent: Trustees Bartecki and Savino Abstain: None APPROVED THIS 14th day of May, 1996. V llage &residt • • 3 ordinance 96-AL-RR-EXI-G-570 Amending Chapter 3, Alcoholic Beverages, Page 2 AT.TE M; r } S 4 D sm 7. '- I i A. rov K as to Form: Village Attorney Published 5-15-96 Pamphlet form Date Paper Not Published EXHIBIT A CHAPTER 3 ALCOHOLIC LIQUOR ARTICLE I. GENERAL PROVISIONS Section 3-1. Title. The provisions of this Chapter 3 may be cited and referred to as the "Oak Brook Liquor Control Ordinance". Section 3-2. Purpose. It is the policy of the village to limit the sale of alcoholic liquor at retail primarily to the sale in its original package or by restaurants, recreational facilities or hotels as defined herein. It is not deemed conducive to the promotion of this public policy to allow the sale of alcoholic liquor at retail for consumption on the premises where such sale is the sole business to be conducted. Further, it is the policy of the village to limit the purchase, consumption or possession of alcoholic liquor to persons of the age of 21 years or older in order to prevent intoxication, disorderly conduct, trespass, unruly disturbance at public or private assemblies, traffic accidents and similar conduct which often result from the purchase, consumption or possession of alcoholic liquor by persons under the lawful age. Section 3-3. Definitions. The following words and phrases shall have the meanings respectively ascribed to them by this section. (a) ALCOHOL - The product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the origin thereof, and includes synthetic ethyl alcohol, but not including denatured alcohol or wood alcohol. (b) ALCOHOLIC LIQUOR - Any alcohol, spirits, wine and beer, and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer, and capable of being consumed as a beverage by a human being. The provisions of this Chapter shall not apply to alcohol used in the manufacture of denatured alcohol produced in accordance with Acts of Congress and regulations promulgated thereunder, not to any liquid or solid containing one-half of one percent ( .5%) or less, of alcohol by volume. (c) APPLICANT - An individual, partnership, corporation or limited liability company which seeks to be licensed under the provisions of this Chapter. In the case of a corporation or limited liability company, it shall mean the officers, directors, all persons owning directly or beneficially more than five percent (5%) of the stock of such corporation, and the person operating as manager of the premises. (d) BAR - A counter upon or over which alcoholic liquor is the principal commodity served or dispensed for consumption by persons at such a counter. (e) CATERER - A person who serves alcoholic liquors for consumption at the customer's site, whether the location is licensed or -1- unlicensed, as an incidental part of food service. (f) CLUB - A corporation organized under the laws of this State, not for pecuniary profit, but solely for the promotion of some common object other than the sale or consumption of alcoholic liquors, kept, used and maintained by its members through the payment of annual dues, and owning, hiring or leasing a building or space in a building, of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests and provided with suitable and adequate kitchen and dining room space and equipment and maintaining a sufficient number of employees for cooking, preparing and serving food and meals for its members and their guests; provided that its affairs and management are conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting and that no member or any officer, agent, or employee of the club is paid, or directly or indirectly receives, in the form of salary or other compensation any profits from the distribution or sale of alcoholic liquor to the club or the members of the club or its guests introduced by members beyond the amount of such salary as may be fixed and voted at any annual meeting by the members or by its board of directors or other governing body out of the general revenue of the club. (g) HOTEL - Every building or other structure kept, used, maintained, advertised and held out to the public to be a place where a restaurant is located and sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or residential, in which twenty-five (25) or more rooms are used for the sleeping accommodations for transients. (h) LOUNGE AREA - That portion of a restaurant possessing a liquor license which contains a bar, tables and chairs and is set aside primarily for the service of alcoholic beverages by the poured drink without food, and which is operated in compliance with the liquor license requirements. (i) LIVE ENTERTAINMENT - The playing of live music by a person or persons using string, brass, reed, woodwind, percussion, electronic and digital instruments at a volume which does not create a public nuisance and/or performances by individuals and/or groups which may involve acting, singing, dancing, comedy and the reading and/or recital of poetry. (j) MEN'S OR WOMEN'S CLUB - An establishment which offers entertainment where any person may appear in a nude or semi-nude state, or offers the customer a role playing interaction, including but not limited to servers, hosts, hostesses, dancers, singers, models or other performance artists, or an establishment which offers customers role playing interaction. (k) NUDE OR NUDITY OR A STATE OF NUDITY - The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast; or, a state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breast. (1) SEMI-NUDE. A state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or -2- devices. (m) ORIGINAL PACKAGE. Any bottle, flask, jug, can, barrel, keg, or other receptacle or container whatsoever, used, corked or capped, sealed and labeled by the manufacturer of alcoholic liquor, to contain and to convey any alcoholic liquor. (n) PACKAGE LIQUOR SALES - The phrase "package liquor sales" means the sale or offering for sale at retail of alcoholic liquor, in the original package, and not to be consumed in whole or in part on the premises where sold. (o) PERSON - An individual, partnership, corporation or limited liability company. (p) PREMISES - Premises licensed under this Chapter shall refer to that area for which a license has been issued to sell alcoholic beverages. Where more than one area for the sale of alcoholic beverages is under the same roof or at the one street address, each area shall be considered to be a separate premises for licensing purposes. (q) RECREATIONAL FACILITY - A building or area in which the primary business is to provide, by membership or user fee or both, a place in which the public may participate in a sport or engage in physical fitness activities, including but not limited to golf courses; tennis, racquetball or handball clubs; and health clubs, provided, that such facilities shall include an area in which service of food prepared on premises is provided, including hot or cold sandwiches or other similar foods, and in which the guest seating capacity is not less than thirty-five (35) . (r) RESTAURANT - Any public place kept, used, maintained, advertised and held out to the public as a place where the primary business is the service of meals, and where meals are actually and regularly served, without sleeping accommodations, and where adequate provision is made for sanitary kitchen and dining room equipment and capacity and a sufficient number of employees to prepare, cook and serve a reasonable variety of meals for its customers. The mere availability and service at any premises of cold sandwiches, hors d'oeuvres or other similar foods will not, standing alone, be deemed sufficient to constitute such premises a restaurant within the meaning of this paragraph, it being the intent of this paragraph that the primary business conducted on premises to be licensed as restaurants hereunder shall be the service of meals. (s) RETAIL SALE - The sale for use or consumption and not for resale. (t) ROLE PLAYING INTERACTION - An arrangement, service or program where a server, host, hostess, dancer, singer, model or other performance artist, engages a customer in a meeting or conversation involving, depicting, participating in, or relating to any specified sexual activities as set forth in Section 3-55(g) . (u) 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 -3- consideration: (1) the selling of liquor; (2) 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; (3) the dispensing of liquor; (4) the providing of mix, ice, water or glasses for the purposes of mixing drinks containing alcoholic liquor for consumption on the same premises; (5) the pouring of liquor; (6) the providing of "set-ups" containing alcoholic liquor; (v) SPECIAL EVENT - means an event conducted by a person who is not licensed under this chapter which involves the sale of alcoholic liquor or at which alcoholic liquor is made available to the general public, or an event conducted by a person who is licensed under this chapter which exceeds the restrictions and limitations of such license. Section 3-4. Local Liquor Control Commissioner. The President of the Board of Trustees of the Village of Oak Brook shall be the local liquor control commissioner and shall be charged with the administration within the Village of the appropriate provisions of this Chapter, and whenever the term "commissioner" is used herein, such term shall refer to the local liquor control commissioner. Section 3-5. Powers. The liquor control commissioner shall have the following powers, functions and duties with respect to licenses granted hereunder. (a) To grant, impose a monetary fine, and/or suspend for not more than thirty (30) days, or revoke for cause, all local licenses issued to persons for premises within the Village's jurisdiction; (b) To enter or to authorize any law enforcing officer to enter at any time upon any premises licensed hereunder to determine whether any of the provisions of this chapter or any rules or regulations adopted pursuant thereto or by the State of Illinois Liquor Control Commission have been or are being violated, and at such time to examine said premises of said licensee in connection therewith; (c) To receive complaints that any of the provisions of this chapter, or any rules or regulations adopted pursuant hereto, have been or are being violated and to act upon such complaints in the manner hereinafter provided; (d) To examine, or cause to be examined, under oath, any applicant for a local license or for a renewal thereof, or any licensee upon whom notice of revocation has been served, or any licensee against whom a citation proceeding has been instituted by the State of Illinois Liquor Control Commission; to examine, or cause to be examined, the books and records of any such applicant or licensee, and to hear -4- testimony and take evidence for use in the performance of the commissioner's duties, and for the information of the commissioner to issue subpoenas which shall be effective in any part of this state. Other persons may be designated by the commissioner to take action for the purpose of obtaining any of the information desired by the commissioner under this section. (e) To report to the Village Board from time to time actions which have been taken to grant or deny liquor licenses or to penalize licensees. Section 3-6. Applicability of other provisions. Nothing in this chapter shall excuse or relieve the licensee, owner, proprietor, or person in charge of any place in the Village where alcoholic liquor is sold from the restrictions and requirements of any other provision of this code, other ordinances of the Village or of the statutes of the State of Illinois. Sections 3-7 - 3-15. Reserved. ARTICLE II. LICENSES Section 3-16. License Required. It shall be unlawful for any person to sell or offer for sale, at retail, within the limits of the Village any alcoholic liquor without having first secured a retail liquor dealer's license, or in violation of the terms of such liquor license, or in violation of the provisions of this chapter. Section 3-17. Classification of Licenses. Retail liquor licenses issued under this article 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 3.5 to 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. 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 3.5 to 1, but not less than 1.4 to 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. 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. -5- Class B: Retail sale of alcoholic liquors in the original package, not for consumption on the premises where sold. Promotional activities involving the consumption of alcoholic liquors on the premises may be held once per month for a period not to exceed three (3) consecutive days. 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. 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. Class F: Retail sale of alcoholic liquor for consumption on the premises of lodging facilities predominantly for the transient use of employees of the owner of the facilities, their business invitees, and community non-profit organizations invited by the owner. Section 3-18. Term; Fees. (a) The term of each license issued hereunder shall be from July 1 to June 30. (b) All applications for issuance of a license hereunder shall be accompanied by the deposit of a check, money order, or cash in the full amount of the application fee required to be paid for the classification of license applied for. (c) The fees for licenses issued pursuant to this Chapter shall be as follows: Class of Application Annual License Fee License Fee A-1 $2,000 $2,500 A-2 2,000 2,500 A-3 2,000 2,500 B 2,000 2,500 C 2,000 2,000 D 2,000 2,000* E 2,000 4,500 F 2,000 2,000 *$500 if issued in addition to a license of another classification. There shall be no application fee in such instance. -6- (d) There shall be no refund or proration of the license application fee. For any license issued on or after the first day of July 1 of any year, the annual license fee shall be prorated by dividing the fee set forth in subsection (c) by 12 and multiplying the resulting sum by the number of months, or parts thereof, remaining in the license yeaz. (e) If an applicant conducts, or proposes to conduct, the retail sale of alcoholic liquor within a single building in ways which would require the issuance of more than one license to authorize all of the subject activities, the applicant shall be required only to obtain the single license with the highest annual fee of the licenses applicable to the subject activities. However, the requisite number of licenses shall be issued by the Village Clerk for public posting at each location where alcoholic liquor is being offered for retail sale. All of the subject activities and their locations must be listed on the application for license, must be conducted within a single building, and must be under the same ownership and control. Section 3-19. Application. Applications for a liquor license shall be made in writing to the local liquor control commissioner on forms provided by the Village, signed by the applicant, if an individual; or if a corporation, partnership or limited liability company, by a duly authorized agent thereof, verified by oath or affidavit, and shall contain the following statements and information: (a) The name, date of birth, social security number, driver's license number and state of the applicant in the case of an individual; in the case of a partnership, the same information from the persons entitled to share in the profits thereof; in the case of a corporation, the date of incorporation, the objects and purposes for which it was organized, a summary of its activities during the past year, and the aforesaid information for each of the officers, directors, all persons owning directly or beneficially more than five percent (5%) of the stock of such corporation, and the person operating as manager of the premises; and in the case of a limited liability company, the date of organization, the purposes for which it was organized, a summary of its activities during the past year, and the aforesaid information for each of the managers and members owning directly or beneficially more than 5% (five percent) of the ownership of the company and the person operating as manager of the premises. (b) The citizenship of the applicant, the place of the applicant's birth, and if a naturalized citizen, the date and place of the applicant's naturalization; (c) The character of business of the applicant; and in case of a corporation or limited liability company, the objects for which it was formed; (d) The length of time said applicant has been in business of that character, or in the case of a corporation or limited liability company, the date when its charter was issued; (e) The location and description of the premises or place of business which is to be operated under such liquor license; -7- (f) A statement whether applicant has made application for a similar or other liquor license on premises other than described in this application, and the disposition of such application; (g) A statement that the applicant is not disqualified to receive a liquor license by reason of any matter or thing contained in this Chapter, laws of this State, or the ordinances of the Village, and • statement as to whether the applicant has ever been convicted of • felony; (h) Whether a previous liquor license issued by any licensing authority has been revoked, and the reasons therefor; (i) A statement that the applicant will not violate any of the laws of the State of Illinois, or of the United States, including but not limited to the Americans With Disabilities Act, or any ordinances of the Village in the conduct of the applicant's place of business; and (j ) A statement describing the specific procedures of the applicant to monitor operations to insure no incidences of underage drinking. Section 3-20. Persons Eligible for License. No such liquor license shall be issued or renewed to the following: (a) An individual who is not a resident of the Village. (b) A person who is not of good character and reputation in the community. (c) A person who is not a citizen of the United States. (d) A person who has been convicted of a felony under any Federal or State law if the local liquor control commissioner determines after investigation, that such person has not been sufficiently rehabilitated to warrant the public trust; (e) A person who has been convicted of being the keeper of, or is keeping, a house of ill fame; (f) A person who has been convicted of pandering or other crime or misdemeanor opposed to public decency and morality; (g) A person whose liquor license under this Chapter has been revoked for cause; (h) A person who at the time of application for renewal of any liquor license issued hereunder would not be eligible for such liquor license under a first application; (i) A partnership, unless all of the members of such partnership shall be qualified to obtain a license. (j ) A corporation or limited liability company, if any officer, manager or director thereof, or any stockholder or stockholders owning directly or beneficially in the aggregate more than five percent (5%) of the stock of such corporation, would not be eligible to receive a liquor license hereunder for any reason other than citizenship and residence within the Village; -a- (k) A corporation or limited liability company, unless it is incorporated in Illinois or unless it is a foreign corporation which is qualified under the Business Corporation Act to transact business in Illinois; (1) A person whose place of business is conducted by a manager or agent, unless said manager or agent possesses the same qualifications required of the licensee; (m) A person who has been convicted of a violation of any Federal or State law concerning the manufacture, possession or sale of alcoholic liquor, or who shall have forfeited his or her bond to appear in court to answer charges for any such violation; (n) A person who does not own the premises for which a liquor license is sought, or does not have a lease thereon for the full period for which the liquor license is issued; (o) Any elected public official, Oak Brook Village employee, and no such official shall be interested in any way, either directly or indirectly in any business holding an Oak Brook liquor license; (p) A person who fails to obtain a State liquor license; (q) A person who is not a beneficial owner of the business to be operated by the licensee; (r) A person who has been convicted of a gambling offense as prescribed by section 28-3 of the "Criminal Code of 1961" approved July 28, 1961, as set forth in 720 Illinois Compiled Statutes 5/28-1 and 3, 1992, as heretofore or hereafter amended, or as proscribed by a statute replaced by any of the aforesaid statutory provisions; (s) A person to whom a Federal gaming device stamp or a Federal wagering stamp has been issued by the Federal government for the current tax period; (t) A partnership to which a Federal gaming device stamp or a Federal wagering stamp has been issued by the Federal government for the current tax period, or if any of the partners have been issued a Federal gaming device stamp or Federal wagering stamp by the Federal government for the current tax period; (u) A corporation or limited liability company, if any officer, manager or director thereof, or any stockholder owning in the aggregate more than five percent (5%) of the stock of such corporation has been issued a Federal gaming stamp or a Federal wagering stamp for the current tax period; (v) Any premises for which a Federal gaming device stamp or a Federal wagering stamp has been issued by the Federal government for the current tax period; Section 3-21. Restrictions on issuance. (a) No liquor license shall be issued to any person for premises upon which theatrical or other live performances which include the types of conduct enumerated in Sections 3-55(f) and 3-55(g) of this chapter shall constitute the entertainment offered to the patrons thereof. This prohibition includes, but is not limited to, any -9- entertainment, fashion show or other presentation which may include any person in a nude or semi-nude state, including, but not limited to, servers, hosts, hostesses, dancers, singers, models or other performance artists, or role playing interactions. (b) No license shall be issued for the sale at retail of any alcoholic liquor within one hundred (100) feet of any church, school, other than an institution of higher learning, or other entity as provided in 235 ILCS 5/6-11 provided that this prohibition shall not apply to hotels offering restaurant service, regularly organized clubs, or to restaurants, food shops or other places where sale of alcoholic liquors is not the principal business. (c) No liquor license shall be issued to any person for premises upon which a men's or women's club is located as defined in Section 3- 3(J) Section 3-22. Limitation on Numbers_ (a) The number of liquor licenses authorized to be issued in each classification is: No. of Licenses Class A-1 16 Class A-2 1 Class A-3 2 Class B 4 Class C 1 Class D 1 Class E 4 Class F 1 (b) The number of authorized liquor licenses stated herein shall be automatically reduced for any such license which is: 1. Not issued. 2. Not used for thirty (30) days or more; or 3. Revoked. Section 3-23. List Required. The Village Clerk shall keep or cause to be kept a complete record and shall furnish the commissioner, Village Manager, Village Treasurer and Chief of Police each with a copy thereof; upon the issuance of any new license, or any revocation of any old license, the Village Clerk shall give written notice to each of said officers of such action. Section 3-24. Renewal; effect of failure to renew. (a) Any licensee may apply for renewal of its license prior to the expiration thereof, provided it is then entitled to receive a license and the premises for which such renewal license is sought are suitable for such purpose. (b) In order to assure eligibility to renew the license, the licensee shall either certify to the continued compliance of the premises with the conditions pursuant to which the license was initially granted, including the approved floor plan, or shall submit a request for approval of certain changes in the licensed business -10- pursuant to Section 3-27(a) of this chapter. The renewal application shall be on forms provided by the Village and shall include the same information as provided for an original application to determine whether the licensee is, and will continue to be, qualified for a license. Provided, in lieu of new submittals, the renewal applicant may certify, on forms provided for by the Village, that some or all of the information previously provided by the applicant with any original or renewal application has not changed. (c) Application for renewal along with the required license fee shall be filed with the Village no later than the second Friday of June each year. Applications for renewal filed after this deadline shall be considered a late filing, but shall be accepted by the Village until June 30th of each year, provided that any licensee submitting a late filing shall, in addition to the license fee, pay a late fee of one hundred dollars ($100.00) . No application for renewal shall be accepted after June 30th of each year. Any application filed after June 30th shall be treated as a application for an original license. (d) Applications for renewal shall be considered by the commissioner and either approved or denied based upon the standards and qualifications for issuance as set forth in this ordinance and state law. (e) Except for special events licenses under Section 3-75, any license issued pursuant to this chapter shall terminate by operation of law at 11:59:59 P.M. of the June 30th following issuance. Any licensee who has filed an application shall be permitted to continue operation under the. authority of the existing license, even after June 30th, until a final decision is made by the commissioner as provided herein. Any licensee who fails to file a renewal application shall cease liquor operation on or before June 30th. Section 3-25. Change in ownership. (a) The occurrence of any one or more of the following events shall be deemed to constitute a change in ownership of licensed businesses for which a new license shall be required. (1) With respect to any licensee that is a corporation, or limited liability company, the replacement or addition of any shareholder owning directly or indirectly (including ownership by members of the same household) twenty percent (20%) or more of the outstanding shares of any class of the capital stock of said corporation; provided that any sale or exchange of stock which results in a change in controlling ownership under the bylaws of the corporation shall be deemed to be a change of ownership hereunder regardless of the percentage of actual sale or exchange. (2) With respect to any licensee that is a general partnership, the replacement or addition of any general partner. (3) With respect to any licensee that is a limited partnership, the replacement or addition of any general partner or of any limited partner holding directly or indirectly (including ownership by members of the same household) twenty percent or more interest in the earnings of said limited partnership. -11- (4) The operation of a licensed business by an unlicensed individual or corporation under a management agreement which permits such unlicensed individual or corporation to control and direct the operation of the business, to retain all or a majority of the profits derived from such business, or to utilize the privileges of the liquor license issued to another for such business for any period in excess of ninety (90) days. A management agreement shall not be deemed to include a contract for employment between a licensee and an individual manager or managers, who operate the licensed business on behalf of or at the discretion of the licensee. (b) At least ninety (90) days prior to any of the events described in paragraph (a) hereof as constituting a change of ownership, the licensee shall apply for a new license pursuant to the requirements of Section 3-19 of this chapter. The commissioner shall act promptly thereon; however, the licensee shall not conduct its business following any change of ownership as defined herein until a new license has been issued. No license fee shall be required for the new license. (c) The occurrence of any one or more of the following events shall constitute a change in ownership of licensed businesses for which a new license shall be required, but shall not be subject to the application requirements established in Section 3-19 of this chapter. Within five business days following any change described below, licensee shall notify the commissioner in writing describing the event in detail. (1) With respect to any licensee that is a corporation, or limited liability company, the replacement or addition of any officer or director of said corporation or any shareholder owning directly or indirectly (including ownership by members of the same household) more than five percent but less than twenty percent (20%) of the outstanding shares of any class of the capital stock of said corporation. (2) With respect to any licensee that is a limited partnership, . the replacement or addition of any limited partner holding directly or indirectly (including ownership of members of the same household) more than a five percent interest but less than a twenty percent (20%) interest in the earnings of said limited partnership. (d) Within ten days of any change of manager or agent conducting business for the licensee, the licensee shall report such change to the commissioner and shall provide information concerning such manager or agent as required in Section 3-19 herein. Failure to give the notice required in Section 3-25(b) and 3-25(d) shall constitute a violation of this chapter subjecting the licensee to the penalties set forth in Article V, including revocation or suspension of the license. No additional license fee shall be payable for a new license required by virtue of changes described in this paragraph and so long as an application therefor is pending and not yet acted upon by the commissioner, the applicant may continue to conduct its business and operations under the license in effect immediately prior to such changes. Section 3-26. Change of location. -12- A license issued under this chapter shall permit the sale of alcoholic liquor only in the premises described in the application for the license. Such location may be changed only upon written permission to make such change issued by the commissioner. No change of location shall be permitted unless the proposed new location is a proper one for the retail sale of alcoholic liquor under the laws of the state, and under ordinances of the Village. Section 3-27. Change in floor plan or focus of local operation. (a) During the term of any license issued for the sale of alcoholic liquor for consumption on the premises, if a licensee proposes to make any of the changes hereinafter enumerated, which would alter its operation from the conditions pursuant to which the license was initially granted, the licensee shall apply in writing to the commissioner for approval of such changes, and provide information concerning the specific changes proposed, including a revised floor plan, if any. The following shall be considered a change in the operation for purposes of this section; (i) a change in the floor plan in any manner which would alter the number of seats provided primarily for restaurant use by more than ten percent (10%) , or which would expand any area in which entertainment or service of alcoholic liquor is provided; (ii) any increase in the number of bar seats; (iii) a change in the type and/or focus of the theme, decor, motif, advertising or menu for the licensed business in any manner which would promote the sale of alcohol or the entertainment available on the premises as opposed to the availability of food service. (b) Upon receipt of a request for approval of any of the changes as provided in paragraph (a) of this section, the commissioner shall review the licensee' s proposed changes to determine the nature and significance of the changes in consideration of the classification of license held and the requirements established for such classification. The commissioner may approve the proposed changes if it is determined that the proposed changes in the floor plan, the nature and focus of the local operation, the menu, the type and focus of advertising for the licensed business in substantial conformity with the requirements of the liquor control ordinance for the license classification. If it is determined that such proposed changes are not in substantial conformity, the commissioner will so advise the licensee. (c) No additional license fee shall be payable and no new license shall be required by virtue of the changes described in paragraph (a) hereof. (d) So long as an application for approval of any of the changes described in paragraph (a) hereof is pending, and not yet acted on by the commissioner, the applicant may continue to conduct .its business and operations in the manner approved at the time the license was initially granted. If approval of the proposed changes is granted, the licensee may proceed to implement such changes in accordance with the approval granted, and subject to any conditions which may be established as part of such approval. If approval is denied, licensee shall continue to operate its business in the manner approved at the time the license was initially granted. (e) Any licensed business which implements any of the changes on licensed premises as provided in paragraph (a) hereof, without requesting and receiving approval of the commissioner as provided -13- therein, shall be subject to the penalties for violation of this chapter, as established in Article V hereof, up to and including revocation of the license. Section 3-28. Cessation of business. Any licensee who has ceased to do business or closes its place of business for a period of more than thirty successive days without written permission from the commissioner shall be subject to having its license declared forfeited and lapsed by order of the commissioner. Section 3-29. License a personal privilege; not to be subject to attachment, transfer, devolution. A license shall be purely a personal privilege, good for not to exceed one year after issuance, unless sooner revoked as in this chapter provided, and shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated. Such license shall not descend by the laws of testate or intestate devolution, but it shall cease upon the death of the licensee; provided, that executors or administrators of the estate of any deceased licensee, and the trustee of any insolvent or bankrupt licensee, when such estate consists in part of alcoholic liquor may continue the business of the sale of alcoholic liquor under order of the appropriate court, and may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of such decedent or such insolvency or bankruptcy until the expiration of such license, but not longer than six months after the death, bankruptcy or insolvency of such license. A refund shall be made of that portion of the license fees paid for any period in which the licensee shall be prevented from operating under such license in accordance with the provisions of this section. Section 3-30. Sale or delivery at municipal facilities. Notwithstanding the licensing requirements of this chapter, alcoholic liquor may be sold or delivered at facilities owned or controlled by the Village, in particular, the facilities at the Oak Brook Sports Core, 700 Oak Brook Road, Oak Brook, IL; the Oak Brook Bath and Tennis Club, 800 Oak Brook Road, Oak Brook, IL; and the Oak Brook Golf Club, 2606 York Road, Oak Brook; IL, or in any facility located on land owned or controlled by the Village as may be designated from time to time by the Village Board. The sale of alcoholic liquor shall be subject to all other state and local laws and regulations, including specifically those relating to hours of operation, sale of alcoholic liquor as a supplement to food service, and insurance. Sections 3-31 - 3-40. Reserved. ARTICLE III. RESTRICTIONS AND REQUIREMENTS PERTAINING TO LICENSES AND LICENSED PREMISES Section 3-41. Insurance Requirements. (a) All licensees shall have in effect prior to the issuance of any liquor license hereunder liquor liability insurance with limits of not less than $1,000,000 combined single limit or $1,000,000 per occurrence and per aggregate, and shall submit a certificate or policy of insurance as evidence of such coverage, issued by an insurance company licensed to do business in the State of Illinois -14- and have a "Best" rating acceptable to the Village. The effective period of such insurance coverage shall coincide with the period the liquor license is in effect. (b) In addition, each liquor license applicant shall furnish evidence satisfactory to the liquor control commissioner, or the commissioner's designee, that it is covered by a policy of dram shop and/or host liquor liability insurance by a responsible insurance company authorized and licensed to do business in the state insuring such applicant in the amount of not less than one million dollars ($1,000,000) . Section 3-42. Display of license. Any license issued under this chapter shall be displayed by the licensee at all times in a conspicuous place where it is readily visible to an inspecting officer. The same requirement shall apply for any license issued by the Illinois State Liquor Control Commission. Section 3-43. Mandatory Alcohol Awareness Training. (a) It shall be the responsibility of each licensed establishment which sells alcoholic liquor for consumption on the premises to have present on the premises at all times when alcoholic liquor may legally be sold, a manager or other employee in charge of such establishment who shall have successfully completed a training program for servers and sellers licensed by the Illinois Department of Alcohol and Substance Abuse and approved by the commissioner. In addition to the penalties otherwise provided in this chapter, failure to comply with this section shall be cause for denial of a liquor license or subject a licensee to the penalties set forth in Article V. (b) The initial application and all subsequent renewal applications for all classes of alcoholic liquor dealer's licenses, except Class B, shall be accompanied by proof of completion of such program licensed by the State by all facility managers and such other current employees as is necessary to comply with the provisions of paragraph (a) above. (c) The managers and employees who have successfully completed the alcohol awareness training shall be responsible for training and educating the alcoholic liquor servers within their establishments as to alcohol awareness. (d) In addition to the other requirements of this section, all managers and bartenders of alcoholic liquor shall attend a program conducted by the Oak Brook Police Department relative to alcohol awareness on an annual basis. Section 3-44. Sanitation. All premises used for the retail sale of alcoholic liquor or for the storage of such liquor for such sale shall be kept in a clean and sanitary condition and shall be kept in full compliance with all ordinances and regulations concerning the condition of premises used for the storage of sale of food for human consumption. Section 3-45. Responsibility for agents and employees. -15- Every act or omission of whatsoever nature, constituting a violation of any of the provisions of this chapter by an officer, director, manager or other agent or employee of any licensee, if such act is committed or omission is made within the scope of such agency or employment or with the authorization, knowledge, or approval of the licensee, shall be deemed and held to be the act of such employer or licensee and such employer and licensee shall be punishable in the same manner as if such act or omission had been done or omitted by the employer or licensee. Section 3-46. Sale to certain persons prohibited. (a) No licensee or other person shall sell, give or deliver alcoholic liquor, including beer and wine, to any person under the age of twenty-one (21) years, or to any intoxicated person or to any person known by the licensee or other person to be a habitual drunkard, spendthrift, or insane, feebleminded or distracted person. (b) If a person under the age of twenty-one (21) years is in possession of alcoholic liquor on premises licensed to sell alcoholic liquor for consumption on such premises, it shall be presumed that the licensee sold, gave or delivered such alcoholic liquor to the minor in possession thereof. (c) For the purpose of preventing the violation of this section, any licensee, or its agent or employee, may refuse to sell or serve alcoholic beverages to any person who is unable to produce adequate written evidence of identity and of the fact that he or she is twenty-one (21) years of age or older. Section 3-47. Delivery of samples of alcoholic liquor. No licensee shall deliver wine at a wine tasting, or any other alcoholic liquor at a tasting pursuant to a special event license issued by the local liquor commissioner pursuant to Section 3-75 of this chapter, unless an employee or agent of the licensee who is twenty-one (21) years of age or older is present in the display area where the wine or other alcoholic liquor is available for consumption on the premises. It shall be the responsibility of such employee or agent, on behalf of the licensee, to demand presentation of positive identification showing proof of age if such employee or agent has reason to believe or should have reason to believe that any prospective recipient is underage. Section 3-48. Evidence of age of person attempting to purchase or receive alcoholic liquor. (a) If a licensee or its agent or employee believes, has reason to believe or should have reason to believe, that a sale or delivery of alcoholic liquor is prohibited because the prospective recipient is underage, then, before making such sale or delivery, the licensee shall demand presentation of positive identification issued by a public officer in the performance of official duties, and containing proof of age and a picture of the holder thereof. A traffic citation shall not be accepted as identification or evidence of age. (b) No person shall transfer, alter or deface an identification card issued by a federal, state, county or municipal government or subdivision or agency thereof, use the identification card of another, carry or use a false or forged identification card, or -16- obtain an identification card by means of false identification. (c) No person shall purchase, accept delivery or have possession of alcoholic liquor by the use of an altered, forged or defaced identification card or by the use of an identification card of another person. (d) No person shall misrepresent his or her age for the purpose of purchasing or obtaining alcoholic liquor in any place in the village where alcoholic liquor is sold at retail. Section 3-49. Required warning signs. (a) In every place in the village where alcoholic liquor is sold, there shall be displayed at all times in a prominent place a printed card, 8-1/2" x 11" in size, which shall read substantially as follows: WARNING: IF YOU ARE UNDER TWENTY-ONE YEARS OF AGE, YOU ARE SUBJECT TO A FINE OF UP TO $500 UNDER THE OAK BROOK CODE OF ORDINANCE IF YOU ATTEMPT TO PURCHASE ALCOHOLIC LIQUOR, PURCHASE ALCOHOLIC LIQUOR OR MISREPRESENT YOUR AGE FOR THE PURPOSE OF PURCHASING OR OBTAINING ALCOHOLIC LIQUOR. OFFICIAL PHOTO IDENTIFICATION WILL BE REQUIRED TO PROVE AGE BEFORE PURCHASE. (b) The Village Board finds that there is a need for public information about the risk of birth defects when women consume alcoholic liquor during pregnancy. The U.S. Surgeon General has recommended abstinence from alcohol during pregnancy. Since Fetal Alcohol Syndrome and fetal alcohol effects are preventable, the-Village Board finds that it is in the public interest to provide warning about the risk of alcohol-related birth defects at places where alcoholic liquors are sold. In every place in the village where alcoholic liquor is sold, there shall be displayed at all times in a prominent place a printed card, 8-1/2" x 11" in size, which shall read substantially as follows: "GOVERNMENT WARNING; ACCORDING TO THE SURGEON GENERAL, WOMEN SHOULD NOT DRINK ALCOHOLIC BEVERAGES DURING PREGNANCY BECAUSE OF THE RISK OF BIRTH DEFECTS." Section 3-50. Employment of underaged persons. (a) It shall be unlawful for any licensee, or any officer, associate, member, representative, agent or employee of such licensee, to engage, employ or permit any person under the age of twenty-one (21) years to attend bar or to draw, pour or mix any alcoholic liquor; provided that the provisions of this section shall not be construed to prevent the employment of persons who are at least nineteen (19) years of age as waiters or waitresses in restaurants, recreational facilities or hotels for the purpose of serving food and alcoholic liquor in the licensed retail premises. (b) It shall be unlawful for any licensee or any agent or employee of any licensee holding a retail liquor license authorizing the sale of alcoholic liquor not for consumption on the premises to permit any employee under the age of twenty-one (21) years or any customer -17- of any age to register, by mechanical or electronic means, the sale of any alcoholic liquor, including beer and wine. Section 3-51. Consumption on premises. (a) Except for tasting of samples as authorized in Section 3-47 and for special events as authorized by the commissioner pursuant to Section 3-75, it shall be unlawful for anyone having a Class "B" license under this chapter, to sell or offer for sale any alcoholic liquor for consumption on the licensed premises, or to permit alcoholic liquor to be consumed on such premises. (b) Except for private functions not open to the public or for special events as authorized by the local liquor commissioner pursuant to Section 3-75, it shall be unlawful for any person operating or employed by any business establishment which is not licensed to sell alcoholic liquor in the village pursuant to the requirements of this chapter, to permit alcoholic liquor to be consumed on the business premises. Section 3-52. Outdoor sales. Sale of alcoholic liquor in an outdoor area included in the licensed premises shall be permitted adjacent to premises licensed to sell alcoholic liquor for consumption on the premises; subject to the following conditions: (a) The outdoor area is delineated by an enclosure; and (b) The outdoor area is owned or leased by the licensee; and (c) The outdoor area is included as part of the regular food service business located on the licensed premises; and (d) Access to the outdoor area is through the licensed premises, and no direct entrance to or exit from such area is available; and (e) The outdoor area is lawfully established pursuant to the zoning Ordinance of the Village of Oak Brook. Section 3-53. Closing; hours of business. It shall be unlawful to consume, sell, offer for sale, cause to be sold or to give away in or upon any licensed premises, any alcoholic liquor during the hours set forth below: MONDAY 1:00 A.M. to 6:00 A.M. TUESDAY 1:00 A.M. to 6:00 A.M. WEDNESDAY 1:00 A.M. to 6:00 A.M. THURSDAY 1:00 A.M. to 6:00 A.M. FRIDAY 1:00 A.M. to 6:00 A.M. SATURDAY 1:00 A.M. to 6:00 A.M. SUNDAY 2:00 A.M. to 10:00 A.M. NEW YEAR'S DAY 4:00 A.M. to 6:00 A.M. NEW YEAR'S DAY SUNDAY 4:00 A.M. to 10:00 A.M. It shall be unlawful to keep open for business or to admit the public to or to permit the public to remain within, or to permit the consumption of alcoholic liquor in or upon any licensed premises during the above hours; provided, however, that in the case of restaurants and hotels, such establishments may -18- be kept open for business during such hours, but no alcoholic liquor may be sold or consumed by any person on or about such licensed premises. Section 3-54. Restrictions on club licenses. It shall be unlawful for any licensee holding a Class "C" license to sell or offer for sale any alcoholic liquor for any event which is open to the general public, except as follows. (a) An event open to the public which is for the benefit of a not-for profit or charitable organization and which is sponsored by a member of the club shall be permitted. (b) An event open to the public which is not for the benefit of a not- for-profit or charitable organization or which is not sponsored by a member of the club may be held as a special event, subject to the restrictions of Section 3-75 of this chapter. Section 3-55. Prohibited activities on licensed premises. (a) No holder of a liquor license, its agent or employee shall allow, permit or suffer to maintain on the Licensed Premises any person who engages in an act which constitutes soliciting for a prostitute or soliciting for a juvenile prostitute as defined in 720 ILCS 5/11-15 and 720 ILCS 5/11-15.1. No holder of a liquor license, its agent or employee shall commit any act which constitutes keeping a place of prostitution as set forth in 720 ILCS 5/11-17 on the Licensed Premises. (b) No holder of a liquor license, its agent or employee shall allow or permit any gambling on any premises licensed to sell alcoholic liquor. (c) No holder of a liquor license, its agent or employee shall allow, permit or suffer to remain on the Licensed Premise any person who solicits any customer or patron of the Licensed Premises to purchase alcoholic liquor or non-alcoholic beverages. (d) No holder of a liquor license, its agent or employee shall allow or permit any employee or contractor who performs any dance or exhibition on the Licensed Premises to solicit or accept payment of money or other valuable consideration from any customer or patron of the Licensed Premises for such performance. (e) No holder of a liquor license, its agent or employee shall employ or contract with any person to engage in any live act, dance or exhibition on the Licensed Premises in any room or area where alcoholic liquor is sold, dispensed, or delivered unless such act, demonstration, dance or exhibition is performed on a single continuous stage which has an area of not less than 100 square feet and which, if circular, has a radius of not less than six feet and which, if square or rectangular, has a width at its smallest point of not less than ten feet. (f) No holder of a liquor license, its agent or employee shall allow, permit or suffer any person to engage in any live act, demonstration, dance, exhibition or appearance on the Licensed Premises which exposes to public view: (1) His or her genitals, pubic hair, buttocks, perineum and anal -19- region or pubic hair region; or (2) Any device, costume or covering (including latex, plastic or other substances) which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or (3) Any portion of the female breast below the top of the areola, or any simulation thereof. For purposes of this section, any of the items described in subsections (1) through (3) shall be considered exposed to public view if it is uncovered or is less than completely and opaquely covered. (g) No holder of a liquor license, its agent or employee shall allow, permit or suffer the following kinds of conduct; nor allow, permit or suffer books, magazines, coin-operated motion picture devices, films, or movies depicting, describing or relating to the following kinds of conduct to be present on the licensed premises: (1) The performance of acts, or simulated acts, of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law; (2) The actual or simulated touching, caressing or fondling of the breast, buttocks, anus or genitals; or (3) The actual or simulated displaying of the breasts, pubic hair, anus, vulva or genitals. (h) No holder of a liquor license, its agent or employee shall allow, permit or suffer any entertainment, fashion show, presentation or performance which may include any person in a nude or semi-nude state, including, but not limited to, servers, hosts, hostesses, dancers, singers, models or other performance artists, or to permit role playing interactions. Section 3-56. Limitations on the sale and promotion of alcoholic liquor on licensed premises. (a) It shall be unlawful for any licensee, or any employee or agent of any licensee, on licensed premises where alcoholic liquor is sold or offered for sale for consumption thereon, to engage in any of the following practices: (1) Delivery of two (2) or more drinks to one (1) person at one (1) time, except sale or delivery of wine by the bottle or carafe. (2) Sale, offer for sale, or delivery 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) Sale, offer for sale, or deliver drinks to any person or group of persons on any one (1) day at prices less than those charged the general public on that entire day, except at private functions not open to the public. -20- (4) Increasing the volume of alcoholic liquor contained in a drink without a proportionate increase in the price charged for such drink as compared to prices during the same calendar week; (5) Encouraging or permitting on the licensed premises any game or contest which involves drinking or the awarding of drinks as prizes. (b) No licensee shall advertise or promote in any way, whether within or outside the licensed premises, any of the practices prohibited under this section. (c) Nothing contained in this section shall prohibit a licensee from engaging in any of the following practices: 1) Offering free food or entertainment at any time; 2) Offering a drink as part of a meal or hotel services package; 3) Offering free wine tastings; 4) Offering room service to registered guests in hotels licensed for such service. 5) 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 (2) or more persons at one time. Section 3-57. License limited to single business. All licenses issued pursuant to this chapter shall be limited to a single business establishment. No licensee shall operate, advertise or otherwise represent that it is operating a liquor establishment or business except as expressly designated on the face of the license. Sections 3-58 - 3-70. Reserved. ARTICLE IV. OTHER REGULATIONS AND RESTRICTIONS CONCERNING ALCOHOLIC LIQUOR Section 3-71. Unlawful possession and consumption by persons under age. (a) No person under the age of twenty-.one (21) years shall possess, consume, purchase, attempt to purchase or accept delivery of alcoholic liquor within the Village; provided the possession and dispensing, or consumption by a person under the age of twenty-one years of alcoholic liquor in the performance of a religious ceremony, the consumption by a person under the age of twenty-one years under the direct supervision and approval of the parent or guardian of such underage person in the privacy of the parent' s or guardian' s home, or the possession and delivery of unopened containers of alcoholic liquors in pursuance of a person' s lawful employment is not prohibited and shall not be construed as a violation of this section. (b) No person after purchasing or otherwise obtaining alcoholic liquor shall sell, give or deliver such alcoholic liquor to another person under the age of twenty-one years, except as allowed under -21- subparagraph (a) of this section. Section 3-72. Parental responsibility. It shall be unlawful for any person to knowingly permit any child under the age of twenty-one of whom he or she may be the parent or guardian to violate any provision of this chapter. Section 3-73. Responsibility of the owner or occupant of premises. (a) It shall be unlawful for any owner or occupant of any premises located within the Village to knowingly allow any person under the age of twenty-one years and not his/her child to remain on such premises while in the possession of alcoholic liquor or while consuming alcoholic liquors in violation of Section 3-71 of this code. (b) For purposes of this section, to "possess" alcoholic liquor shall include, but is not limited to, the presence of any amount of alcohol within the body of a person. (c) For purposes of this section, the refusal to submit to a test of a person's blood, urine or breath to determine if alcohol is present, shall create a rebuttable presumption that the person possessed alcohol within his or her body. Section 3-74. Peddling prohibited. It shall be unlawful to peddle alcoholic liquor in the village. Section 3-75. Special events. (a) The purpose of this section is to provide for the issuance of temporary licenses for the sale or dispensing of alcoholic liquor during special events. It shall be unlawful for any person who does not hold a valid license issued pursuant to the provisions of this chapter, to sell or dispense or cause -to be sold or dispensed alcoholic liquor at a grand opening, wine tasting, open house or other special event open to the public without first having obtained a special event license from the commissioner. It shall be unlawful for any person who holds a valid license issued pursuant to the provisions of this chapter to sell or dispense alcoholic liquor in any manner which exceeds the restrictions and limitations of such license without first having obtained a special event license from the commissioner. (b) Applications for license under the provisions of this section shall be filed on forms provided by the Village. The general application procedures set forth in Sections 3-19 and 3-20 shall not apply to licenses issued under this section. The application shall include. such information as the commissioner determines is necessary to process such application and may include, but is not limited to, the estimated number of persons attending the event, the location and layout of liquor sales at the event and at the premises, the persons responsible for dispensing of alcoholic liquor, steps to be taken by applicant to protect against any violations of the Village' s ordinances, and information regarding the manner in which liquor will be dispensed and consumed. Additional information and material may be required during the processing of such application related to applicant' s qualifications and information provided in -22- the original submittal, including attachments. In the event applicant is made aware that any information or document submitted as part of this application process is inaccurate or incomplete, applicant shall immediately notify the commissioner and provide appropriate corrections. Failure to accurately and completely provide, or as necessary update, required information may delay the processing of such application or result in its denial. (c) A fee shall be paid along with the application submittal based upon the estimated number of persons attending, as follows: Estimated Attendance Event Fee 0 - 50 $ 25.00 51 - 100 50.00 101 - 500 100.00 501 - 1,000 150.00 more than 1,000 200.00 (d) Upon submittal of a properly completed application and payment of the fee, the commissioner may issue a special events license subject to the following conditions: (1) The special event will last no longer than three (3) days. (2) The provisions of Section 3-21(b) regarding proximity of the proposed special event shall not apply to licenses issued under this section. (3) Except as otherwise provided in this section, the applicant shall comply with all applicable provisions of the Oak Brook Code, including but not limited to, zoning, building, health and safety regulation. Sections 3-76 - 3-80. Reserved. ARTICLE V. PENALTIES FOR VIOLATION OF THIS CHAPTER Section 3-81. General. Any person violating any provision of this chapter may be fined not less than twenty-five dollars ($25) nor more than five hundred dollars ($500) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. In addition to any other penalty, a licensee convicted of violating any provision of this chapter may be subject to having its license revoked, suspended or not renewed by the commissioner. Section 3-82. Revocation or suspension of local license - Notice; hearing. (a) The commissioner may revoke or suspend any license issued if the commissioner determines that the licensee has violated any of the provisions of this chapter or any state law pertaining to the sale of alcohol. However, no such license shall be so revoked or suspended except after a public hearing by the commissioner with at least three days' prior written notice, to the licensee, as provided in Section 3-83, affording the licensee an opportunity to appear and defend. If the licensee fails to appear for such public hearing after receiving notice as provided in Section 3-83, a default judgment may be entered and the commissioner may revoke or -23- suspend the license. If the commissioner has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community, the commissioner may, upon the issuance of a written order stating the reason for such conclusion, and without notice or hearing, order the licensed premises closed for not more than seven days, giving the licensee an opportunity to be heard during that period; except, that if such licensee shall also be engaged in the conduct of another business on the licensed premises, such order shall not be applicable to such other business. (b) The commissioner shall, as promptly as practicable, after such hearing, if the commissioner determines after such hearing that the license should be revoked or suspended, state the reasons for such determination in a written order of revocation or suspension and shall serve copy of such order upon the licensee. Section 3-83. Method of notice. All notices herein required shall be in writing. The notice will be effective upon service by delivery of the notice personally to any agent of the licensee on the licensed premises and by mailing the notice by certified mail, return receipt requested, to the owner, if the licensee is an individual,, to a partner, if the licensee is a partnership, or to the registered agent of the licensee, if the licensee is a corporation. Section 3-84. Appeal. In the event of an appeal from an order or action of the local liquor commissioner to the State Liquor commissioner, the appeal shall be limited to a review of the official records of the proceedings of the commissioner. -24-