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G-591 - 05/13/1997 - VILLAGE CODE - Ordinances ORDINANCE 97-AL-RR-G-591 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 hereinabove set forth are hereby adopted as though fully set forth herein. Section 2: That Section 3-3 entitled, "Definitions" of Chapter 3 entitled, "Alcoholic Liquor" of the Code of Ordinance of the Village of Oak Brook is amended by including the following definitions: "Section 3-3. Definitions. Adult bookstore: An establishment having, as a substantial portion of its sales or stock in trade, books, magazines, films for rent, sale or for viewing on the premises by use of motion picture devices or by coin- operated means, and periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities," or "specified anatomical areas" as defined in this section, or an establishment with a segment or section devoted to the sale or display of such materials; or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, presence of video preview or coin-operated booths, exclusion of minors from the establishment's premises or any other factors showing the establishment's primary purpose is to purvey such material. Adult entertainment cabaret: An establishment offering to its patrons,. as entertainment, any exhibition or display, or any theatrical or other live performances which include topless or go-go dancers, exotic dancers, strippers, male or female impersonators, or similar Ordinance 97-AL-RR-G-591 Amending Chapter 3, Alcoholic Beverages, Page 2 entertainers, or any persons singing, reading, posing, modeling, or serving food or beverages, where the exhibition, performance, display or dance is intended to sexually arouse the entertainer or the patrons, or where the attire of persons involved is such as to expose "specified anatomical areas", as defined in this section. Adult motion picture theater: An enclosed building, regardless of its seating capacity, which is used to present for public view on the premises, films, movies, previews, trailers or advertisements which are distinguished by their emphasis on matter depicting, describing or relating to "specified sexual activities" or" specified anatomical areas", as defined in this section. Adult use: Includes adult bookstores, adult entertainment cabarets, and adult motion picture theaters, and similar uses. General Manager: The person who directs, controls, supervises, or is generally in charge of all operations of the licensed establishment. Specified anatomical areas: (1) Less than completely and opaquely covered: human genitals, public region, or pubic hair; buttocks; and female breasts below a point immediately above the top of the areola; and (2) Human male genitals in a discernible turgid state, even if completely opaquely covered. Specified sexual activities: (1) Human genitals in a state of sexual stimulation or arousal; (2) Acts or representations of acts of human masturbation, sexual intercourse or sodomy, bestiality, oral copulation or flagellation; (3) Fondling or erotic touching of human genitals, pubic region, buttock or female breast; (4) Excretory functions as part of or in connection with any activities set forth in paragraphs (1) through (3) of this definition. Section 3: That Section 3-17, Classification of Licenses, of Chapter 3 of the Code of Ordinance of the Village of Oak Brook be amended as follows: "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 Ordinance 97-AL-RR-G-591 Amending Chapter 3, Alcoholic Beverages, Page 3 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. 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. (a) The holder of a Class E license issued to a hotel/motel may install cabinets for the storage of liquor for the use of room guests in each room; provided, however, that each Ordinance 97-AL-RR-G-591 Amending Chapter 3, Alcoholic Beverages, Page 4 such cabinet shall be securely locked and a separate key from the room key given only to a guest 21 years or older at the time of registration. (b) Any hotel/motel providing cabinets for the storage of liquor available in guest rooms on the effective date of this chapter shall provide locks for such cabinets. 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 4: That Section 3-18(e) , Term; Fees, be amended to read as follows: "(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. Nothing herein contained shall be so construed as to prevent any hotel operator licensed under the provisions of this chapter from serving alcoholic liquor to its registered guests in any room or part of its hotel, if such liquor so served shall be kept in and served from a licensed location, place, or premises in the hotel." Section 5: That Section 3-19, Application, be amended to read as follows: "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 Ordinance 97-AL-RR-G-591 Amending Chapter 3, Alcoholic Beverages, Page 5 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, the general manager(s) and the person(s) operating as liquor manager(s) 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; (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. (k) A completed fingerprint card of each officer, general partner, sole proprietor, general manager and liquor manager. (1) Such additional information or identification as the Local Liquor Control Commissioner may deem necessary for directors and other ordinance 97-AL-RR-G-591 Amending Chapter 3, Alcoholic Beverages, Page 6 persons affiliated with the applicant in order to establish the character of the applicant." Section 6: That Section 3-21 entitled "Restrictions on Issuance" is amended to read as follows: "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 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 or premises which are to be operated as a "men's or women's club" as defined in Section 3-3(o) of this Chapter. (d) No liquor license shall be issued to any person or premises which are to be operated as an "adult use", as defined in Section 3-3(d) of this Chapter. Section 7: That Section 3-25(d) be amended to read as follows: (d) Within ten days of any change of liquor manager, general 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, general manager or agent as required in Section 3-19 herein. Section 8: That Section 3-31 be amended to read as follows: "Section 3-31. Temporary License: Notwithstanding any provision of this Chapter to the contrary, and provided that an applicant has otherwise fully complied with the requirements of this Chapter and is eligible to receive a license, the Local Liquor Control Commissioner may issue a temporary liquor license, pending a receipt of the results of the fingerprint(s) record search for said applicant. Ordinance 97-AL-RR-G-591 Amending Chapter 3, Alcoholic Beverages, Page 7 A temporary liquor license may be valid for a period of up to two (2) months, unless sooner terminated, as hereinafter provided. A temporary liquor license shall terminate upon the first of the following to occur: A. The expiration date shown on the temporary liquor license. B. The receipt of satisfactory results with respect to the fingerprint(s) record search for the applicant and the issuance of the license otherwise provided for by this Chapter. C. The receipt of results with respect to the fingerprint(s) record search for the applicant which would give the Local Liquor Control Commissioner grounds not to issue the license otherwise provided for by this Chapter. In the event a temporary liquor license terminates as a result of subsection C above, the Local Liquor Control Commissioner shall refund one-half (1/2) of the license fee paid to the Village, in accordance with Section 3-18 of this Chapter. The Local Liquor Control Commissioner may issue no more than two (2) temporary liquor licenses annually with respect to a particular application. Section 9: That Section 3-43(b) , (c) and (d) be amended to read as follows: "(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 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. (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 liquor managers and such other current employees as is necessary to comply with the provisions of paragraph (a) above. (d) In addition to the other requirements of this section, all liquor 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." Ordinance 97-AL-RR-G-591 Amending Chapter 3, Alcoholic Beverages, Page 8 Section 10: That Section 3-45 be amended to read as follows: Every act or omission of whatsoever nature, constituting a violation of any of the provisions of this chapter by an officer, director, general manager, 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 11: That Section 3-55 entitled "Prohibited Activities on Licensed Premises" of Chapter 3 of the Code of Ordinance of the Village of Oak Brook is amended to read as follows: "(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; or (4) The permitting by a licensee of any person to remain in or upon the licensed premises who exposes his or her genitals or anus to public view." Section 12: That this ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Section 13: That the Village Clerk is hereby authorized and directed to publish this ordinance in pamphlet form in the manner provided by law. PASSED THIS 13th day of May, 1997. Ayes: Trustees Caleel, Kenny, McInerney, Savino and Shumate Nays: None Absent: Trustee Bartecki Abstain: None Ordinance 97-AL-RR-G-591 Amending Chapter 3, Alcoholic Beverages, Page 9 APPROVED THIS 13th day of May, 1997. Xlage President G .. ATTEST: ' Village .Clerk Approved as to Form: Village Attorney Published 5/14/97 Pamphlet Form Date Paper Not Published