G-587 - 04/08/1997 - LICENSE -ALCOHOL - Ordinances ORDINANCE 97-AL-RR-G-587
AN ORDINANCE AMENDING
CHAPTER 3 ENTITLED, °ALCOHOLIC BEVERAGES.
OF THE CODE OF ORDINANCES
OF THE VILLAGE OF OAK BROOK, ILLINOIS
WHEREAS, the President and Board of Trustees of the Village of Oak Brook
on May 14, 1996, enacted Ordinance G-570, known as "the Oak Brook Liquor
Control Ordinance", within the Village of Oak Brook; and
WHEREAS, the Village Manager and staff have recommended several
amendments 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 these
amendments and have approved the changes recommended by the Village Manager
and staff;
WHEREAS, the President and Board of Trustees deem passage of this
ordinance to be in the best interest and in pursuance of the general welfare
of the Village of Oak Brook.
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 hereinabsove set forth
are hereby adopted as though fully set forth herein.
2ec-tion 2: That Section 3-3, Definitions, of Chapter 3 of the Code of
Ordinance of the Village of Oak Brook be amended to include the following:
"Section 3-3. Definitions.
LIQUOR MANAGER - The person who directs, controls, supervises, or
is generally in charge of its employees and staff relating to the
distribution or purveyance of alcoholic beverages within the
licensed establishment."
Section 3: That Section 3-19 (a) , Application, be amended to read as
follows:
"Section 3-19. Application.
(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,
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Amending Chapter 3, Alcoholic
Beverages, Page 2
directors, all persons owning directly or beneficially
more than five percent (5%) of the stock of such
corporation, and the person operating as liquor
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. "
Section 4: That Section 3-25 (d) , Change in ownership, be amended to
read as follows:
"Section 3-25. Change in ownership.
(d) Within ten days of any change of liquor manager or
agent conducting business for the licensee, the
licensee shall report such change to the commissioner
and shall provide information concerning such liquor
manager or agent as required in Section 3-19 herein."
Section 5: That Section 3-43, Mandatory Alcohol Awareness Training, be
amended to read as follows:
"Section 3-43. Mandatory Alcohol Awareness Training.
(a) It shall be the responsibility of each licensed establishment
which sells alcoholic liquor to provide certified training from
the state-licensed Beverage Alcohol Seller Server Education
Training (BASSET) program or Training for Intervention Procedures
(TIPS) program to its liquor managers, bartenders, servers, and
any other employee involved in the furnishing of alcoholic
beverages to its customers.
(b) 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 liquor manager 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.
(c) The initial application and all subsequent renewal applications
for all classes of alcoholic liquor dealer's licenses shall be
accompanied by proof of completion (copy of certificate) of such
program licensed by the State by all facility managers and such
Ordinance 97-AL-RR-G- 587
Amending Chapter 3, Alcoholic
Beverages, Page 3
other current employees as is necessary to comply with the
provisions of paragraphs (a) and (b) above.
(d) In addition to the other requirements of this section, all liquor
managers shall attend a program conducted by the Oak Brook Police
Department relative to alcohol awareness on an annual basis.
Section 6: That Section 3-45, Responsibility for agents and employees,
be amended to read as follows:
"Section 3-45. Responsibility for agents and employees.
Every act or omission of whatsoever nature, constituting a
violation of any of the provisions of this chapter by an officer,
director, liquor 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 7: That Section 3-56(a) , Limitations on the sale and promotion
of alcoholic liquor on licensed premises, be amended to read as follows:
"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 foY 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.
(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.
(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
Ordinance 97-AL-RR-G-587
Amending Chapter 3, Alcoholic
Beverages, Page 4
as prizes."
Section 8: That this ordinance shall be in full force and effect from
and after its passage, approval and publication as required by law.
Section 9: That the Village Clerk is hereby authorized and directed to
publish this ordinance in pamphlet form in the manner provided by law.
PASSED THIS 8th day of April, 1997.
Ayes: Trustees Bartecki, McInerney, Payovich Savino and Shumate
Nays: None
Absent: Trustee Kenny
Abstain: None
APPROVED THIS 8th day of April, 1997.
01 04/r Village President
` AT ;,
7
Approved as to Form: J
Village Attorney
Published 04-09-97 Pamphlet Form
Date Paper
Not Published