G-888 - 06/09/2009 - LICENSE - Ordinances Supporting DocumentsITEM 10.11.1)
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AGENDA ITEM
Regular Board of Trustees Meeting
of
June 9, 2009
SUBJECT: Ordinance G -888, An Ordinance Amending Title 4, Chapter 1, Section 8A of the
Village Code of the Village of Oak Brook, Illinois Relative to the Number of Authorized Liquor
Licenses as a result of Revocation of the Liquor License of Gabriel and Jasmine, Inc. d /b /a Cafe
Bellagio at 1600 W. 16th Street
FROM: Charlotte Pruss Village Clerk
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: Motion for Passage of Ordinance G -888, An Ordinance
Amending Title 4, Chapter 1, Section 8A of the Village Code of the Village of Oak Brook,
Illinois Relative to the Number of Authorized Liquor Licenses
Background/History:
The Local Liquor Control Commissioner, President Craig, charged Gabriel and Jasmine, Inc.
d /b /a Cafe Bellagio at 1600 W. 16th Street for violations of the Liquor Control Section of the
Village Code of the Village of Oak Brook. A hearing was held and the Commissioner entered
findings and decisions which included a payment of fines and hearing costs.
The Licensee tendered a check in apparent satisfaction of the fine and costs, but subsequently
stopped payment on the check with no explanation. A Hearing on these issues was held on May
26, 2009 and the Licensee failed to attend. The Commissioner entered findings and decisions
which included revocation of the Licensee's liquor license.
As a result, the Number of Authorized Liquor Licenses in Chapter 1, Section 8A of the Village
Code of the Village of Oak Brook, Illinois needs to be adjusted.
Recommendation:
Recommendation is for Passage of Ordinance G -888 to adjust the number of authorized liquor
licenses as prepared by the Village Attorney.
Last saved by charty J \AGENDA MEMOS \Liquor License AGENDA ITEM Cafe Bellagio dot
Last printed 6/5/2009 9 37 AM
ORDINANCE 2009- 1-C -AL -G -888
AN ORDINANCE AMENDING TITLE 4, CHAPTER 1, SECTION 8A
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS
RELATIVE TO THE NUMBER OF AUTHORIZED LIQUOR LICENSES
WHEREAS, Title 4, Chapter 1, Section 8A (4 -1 -8A) of the Village Code of the Village of Oak
Brook authorizes certain numbers of liquor licenses and the number of such licenses issued for each
class of license may be increased or decreased from time to time by ordinance; and
WHEREAS, the President and Board of Trustees of the Village deem it advisable and in the best
interest and in furtherance of the public welfare to reduce the number of Class A -1 licenses from 25 to 24
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 8A of Chapter 1 (Liquor Control) of Title 4 (Business and License
Regulations) (4 -1 -8A) of the Village Code of the Village of Oak Brook, Illinois be amended by revising the
table of licenses to read as follows.
_�� , 'r•�'h`� '; °License >r �.�� � � �
. _ Fefi«
rise Fee�Annual Lice
Nurfiber,'. �ls,vsApplication,
.qt
A -1
$2,00000
$2,75000
24
A -2
2,00000
2,75000
1
A -3
2,000.00
2,75000
1
B
2,00000
2,750.00
10
C
2,00000
2,200.00
1
D
2,000.00
2,200 00
2
E
2,000.00
4,95000
6
F
No Fee
100
Not Appli cable
G
No Fee
No Fee
2
Section 2 If any section, paragraph, clause or provision of this ordinance shall be held invalid, the
invalidity thereof shall not affect any of the other provisions of this ordinance.
Section 3. All ordinances or parts thereof in conflict with the provisions of this ordinance are
hereby repealed to the extent of such conflict.
Section 4 This ordinance shall be in full force and effect from and after its passage, approval and
publication as required by law
APPROVED THIS 9th day of June, 2009
PASSED THIS 9th day of June, 2009.
Ayes.
Nays-
Absent:
John W. Craig
Village President
ATTEST-
Charlotte K. Pruss
Village Clerk
Ordinance 2009-LC-AL-G-888
Amending Title 4, Chapter 1,
Section 8A Relative to Liquor
Licenses Page 2 of 2
VILLAGE OF OAK BROOK
LOCAL LIQUOR CONTROL COMMISSION
IN RE PROCEEDING TO SUSPEND
OR REVOKE VILLAGE OF OAK
BROOK RETAIL LIQUOR LICENSE
AND ALL OTHER VILLAGE
LICENSES AND TO FINE LICENSEE,
Issued to Gabriel and Jasmine, Inc. d /b /a
Caf6 Bellagio,
Licensee
LICENSED PREMISES }
Located at }
1600 W. 16th Street, T -8 }
Oak Brook, Illinois 60523 }
No. 09 -03
FINDINGS AND DECISION
This matter comes before the Local Liquor Control Commissioner ("Commissioner ") for a hearing
on charges against Gabriel and Jasmine, Inc. d /b /a Cafe Bellagio ("Licensee ") as more particularly
described in the Notice of Hearing which is incorporated herein by reference as though fully set forth
herein. A hearing was conducted on May 26, 2009. The Licensee was duly served through its registered
agent and failed to attend the hearing. Based on the evidence adduced at the hearing the Liquor
Commissioner makes the following findings and decision:
FINDINGS
1. Pursuant to Title 4, Chapter 1 of the Oak Brook Village Code and the Liquor Control Act, 235
ILCS 5/1 -1, of seq., the Village of Oak Brook issued a liquor license to Licensee, Gabriel and
Jasmine, Inc. d /b /a Cafe Bellagio, located at 1600 W. 16th Street, T -8, Oak Brook, Illinois.
2. On November 28, 2008 and March 26, 2009 the Local Liquor Control Commissioner
( "Commissioner ") conducted a hearing in case No 08 -03 in connection with charges that the
Licensee sold alcoholic liquor to minors in violation of Section 4 -1 -23A of the Oak Brook Village
Code and Section 6 -16 of the Liquor Control Act of 1934 (235 ILCS 516 -16).
3. On March 31, 2009 the Commissioner entered his findings and decision in case number 08 -03.
4. Pursuant to the findings and decision in case number 08 -03 the Licensee was directed to pay a
fine in the amount of $2,000.00 and to pay the Village the additional sum of $1,500.00 as
reimbursement for all fees and costs associated with the hearing
5. On or about April 17, 2009 the Licensee tendered to the Village its check number 1159 in
apparent satisfaction of the fine and costs
6, The Village deposited the Licensee's check in its general account
7. On or about April 23, 2009 the Village was notified by its bank that the Licensee stopped payment
on the check.
8. The Licensee never notified the Village why it stopped payment on the check.
9. The Licensee has not made any other effort to pay the fines and costs imposed in case number
08 -03
DECISION
Based on the above findings, it is hereby ordered as follows:
1. The charges are sustained.
2. Licensee's liquor license is hereby revoked.
3. Licensee shall pay a fine in the amount of $2,000.00 and shall pay the Village the additional sum
of $1,000.00 as reimbursement for all fees and costs occasioned by the Village in connection with
this hearing.
Dated' at Oak Brook, Illinois, this
0 day of June, 2009.
BY ORDER OF
/sl John W. Craig
John W. Craig
President of the Village of Oak Brook
Local Liquor Control Commissioner
2
PROOF OF SERVICE
1, the undersigned, certify that I caused a copy of the foregoing Notice of Hearing to be served by
Federal Express on June 4, 2009 to the Registered Agent of the Licensee,
Andrew D. Werth
2822 Central Street
Evanston, Illinois 60201
Y•
Subscribed and sworn to before me
this 4th day of June, 2009.
Notary Public F
t
J
OFFICIAL SEAL
CHARUNE A. DOODY
Notary Public - State of Illinois
My Commission Expires Nov 15, 2012