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G-868 - 09/09/2008 - LICENSE - Ordinances Supporting Documents['1'EM (,),F. s 1'I� r'll AGENDA ITEM Regular Board of Trustees Meeting of September 9, 2008 SUBJECT: Amendment to A -1 Liquor Classification FROM: Charlotte K. Pruss, Village Clerk BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: Motion for Passage of Ordinance G -868, An Ordinance Amending the Permitted Uses for a Class A -1 Liquor License and Amending Chapter 1 (Liquor Control) of Title 4 (Business and License Regulations) of the Village Code of the Village of Oak Brook. Background/History: In 2007and 2008 the Village passed separate ordinances amending the A -1 Liquor classification. Sterling Codifiers, the company that manages the Village Code, believes because the second ordinance did not include the additional mandatory language from the first ordinance that the current code that applies to the class A -1 license does not include those stipulations from the previous ordinance. Ordinance G -868 is an ordinance which includes the mandatory language from each of the 2007 and 2008 ordinances which will settle the issue. Recommendation: That the Village Board pass the recommended Ordinance G -868 to clarify the Permitted Uses for a Class A -1 Liquor License. Last saved by Documents Last printed 9/3/2008 2 38 PM ORDINANCE 2008- LC -AL -G -868 AN ORDINANCE AMENDING THE PERMITTED USES FOR A CLASS A -1 LIQUOR LICENSE AND AMENDING CHAPTER 1 (LIQUOR CONTROL) OF TITLE 4 (BUSINESS AND LICENSE REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK 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 The Class A -1 classification contained in Section 4 -1 -7 of the Village Code is hereby amended to read as follows Class A -1 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 purposes to that seating for bar or lounge areas equals or exceeds three and one -half to one (3 5 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 Holders of a Class A -1 license with banquet hall facilities containing not less than 3,000 square feet of floor space open to the public, may dispense alcoholic liquor brought on the licensee's premises by a customer of the licensee in conjunction with the use of the licensee's banquet hall facility and the licensee may charge such customer a fee in connection with the service of such alcoholic liquor Also permitted is the distribution of alcoholic liquor for consumption on the premises provided that the alcoholic liquor is not sold and is offered only in conjunction with a special event or sale which is by invitation only and not open to the general public in a department store which contains at least 50,000 square feet of retail area 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 in conflict herewith 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 Ayes Nays Absent APPROVED THIS 9th day of September 9, 2008 John W Craig Village President PASSED THIS 9th day of September, 2008 ATTEST Charlotte K Pruss Village Clerk