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G-603 - 11/11/1997 - LICENSE -ALCOHOL - Ordinances F ORDINANCE 97-LC-AL-G-603 AN ORDINANCE AMENDING ARTICLE 11,SECTIONS 3-17, 3-18& 3-22 AND ARTICLE V,SECTION 3-81 OF CHAPTER 3,ALCOHOLIC LIQUOR, OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK, ILLINOIS RELATIVE TO THE CLASS, FEE AND NUMBER OF AUTHORIZED LIQUOR LICENSES & PENALTIES FOR VIOLATIONS, RESPECTIVELY WHEREAS, Sections 3-17, 3-18 and 3-22 of the Code of Ordinances of the Village of Oak Brook pertain to classes of retail liquor licenses, fees and limitations on the number of liquor licenses, respectively; and WHEREAS, a representative of the Illinois Liquor Control Commission has recently suggested that the Village should issue a liquor license to the Bath&Tennis Club at 800 Oak Brook Road and the Oak Brook Golf Club at 2606 S.York Road prerequisite to the issuance of a State license; and WHEREAS,the Village President has suggested that Section 3-81 of the Code of Ordinances of the Village of Oak Brook,which section addresses penalties for violations of the liquor control ordinance, should be amended by requiring a licensee who is found guilty of a violation to pay the costs associated with a hearing held before the Village President; and WHEREAS,the President and Board of Trustees of the Village deem it advisable and in the best interest and in furtherance of the general welfare of the citizens of the Village that the Code of Ordinances of the Village be amended by adding a new class of retail liquor license and amending the penalties for violations, Section 3-81; 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 Section 3-17 of the Code of Ordinances of the Village of Oak Brook, Illinois, be and the same is hereby amended by adding thereto a new subsection (i) as follows: Section 347.Classification of Licenses. "(i) Class G. Retail sale of alcoholic liquor for consumption on the premises of municipally owned and operated recreation facilities, including grounds! Section 2: That Section 3-18 of the Code of Ordinances of the Village of Oak Brook, Illinois, be and the same is hereby amended to read as follows: Section 3-18. Term; Fees. I (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: Ordinance 97-1-C-AL-G-603 Amending Articles II &V of Chapter 3, Page 2 Class of Annual License Application 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 G No Fee No Fee *$500 if issued in addition to a license of another classification. There shall be no application fee in such instance. (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 3-18(c) by 12 and multiplying the resulting sum by the number of months, or parts thereof, remaining in the license year. (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 his registered guests in any room or part of his hotel, if such liquor so served shall be kept in and served from a licensed location, place, or premises in the hotel.' Section 3: That Section 3-22 of the Code of Ordinances of the Village of Oak Brook, Illinois, be and the same is hereby amended to read as follows: "Section 3-22. Limitation on Numbers. (a) The number of liquor licenses authorized to be issued in each classification is: No. of Licenses f Class A-1 16 Class A-2 1 Class A-3 2 Class B 6 Class C 1 Class D 1 Class E 4 • Ordinance 97-LC-AL-G-603 Amending Articles II &V of Chapter 3, Page 3 Class F 1 Class G 2 (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 4: That Section 3-81 of the Code of Ordinances of the Village of Oak Brook, Illinois, be and the same is hereby amended to read as follows: "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. Any licensee determined by the Village President to have violated any of the provisions of this article shall pay to the Village the costs of the hearing before the Village President on such violation. The Village President shall determine the costs incurred by the Village for said hearing, including, but not limited to: court reporter's fees, the costs of transcripts or records, attorneys' fees, the cost of preparing and mailing notices and orders and all other miscellaneous expenses incurred by the Village or such lesser sum as the Village President may allow.' Section 5: That this ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Section 6: That all ordinances or parts thereof in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. PASSED THIS 11th day of November, 1997. Ayes: Trustees Bartecki; Caleel Kenny, McInerney and Savino Nays: None Absent: Trustee Shumate Abstain: None APPROVED THIS 11th day of November, 1997. it ge President Ordinance 97-LC-AL-G-603 Amending Articles 11 &V of Chapter 3, Page 4 of QA ATTEST: ��' " "?° e VIlage lerk trx•^ Approved as to Form: COUW Village Attorney Published 11-13-97 Pamphlet form Date Paper Not Published