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