G-1098 - 01/24/2017 - ALCOHOL - Ordinances ORDINANCE 2017-LC-AL-G-1098
AN ORDINANCE PERMITTING HAPPY HOUR
WITHIN THE VILLAGE OF OAK BROOK
WHEREAS, Public Act 99-46 authorized "happy hour," a period of time during which bars and
restaurants could sell alcoholic beverages for a reduced price; and
WHEREAS, the Illinois General Assembly, in passing Public Act 99-46, determined that there is
no evidence that "happy hour" promotes binge drinking or increases the likelihood of patrons becoming
excessively intoxicated; and
WHEREAS, the Municipal Code of the Village of Oak Brook("Village")forbids"happy hour;" and
WHEREAS, the Village Board of Trustees ("Board") has determined that many residents of the
Village want bars and restaurants to provide"happy hour;" and
WHEREAS, based on the aforementioned considerations, the Board has determined that it would
be in the best interests of the public to amend the Village Code to make it consistent with Public Act 99-
46;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS, as follows:
SECTION 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Ordinance as though findings of the President and Board of Trustees of the Village of Oak Brook.
SECTION 2: Amendment. The following changes are made to Section 4-1-24(B) of the Village
of Oak Brook Code of Ordinances (new language underlined and deletions noted with stfikethFeugh text):
B. Limitations On The Sale And Promotion Of Alcoholic Liquor On Licensed Premises:
1. It shall be unlawful for any licensee, or any employee or agent of any licensee, on licensed
premises where alcoholic liquor is sold or offered for sale for consumption thereon, to engage in
any of the following practices:
a. Delivery of two(2)or more drinks to one person at one time.
b. Sell, offer for sale, or delivery to any person an unlimited number of drinks during any set
period of time for a fixed price, except at private functions not open to the public.
G. Sale, GffeF f9F sale, OF deliV8F dFiRks to any PeFGOR or group of persons an any one day-at
4 c.lncrease the volume of alcoholic liquor contained in a drink without a proportionate increase
in the price charged for such drink as compared to prices during the same calendar week.
Ordinance 2017-LC-AL-G-1098
An Ordinance Permitting Happy Hour within the Village of Oak Brook
Page 2 of 3
e d.Encouraging or permitting on the licensed premises any game or contest which involves
drinking or the awarding of drinks as prizes.
2. No licensee shall advertise or promote in any way, whether within or outside the licensed premises,
any of the practices prohibited under this section.
3. Nothing contained in this section shall prohibit a licensee from engaging in any of the following
practices:
a. Offering free food or entertainment at any time;
b. Offering a drink as part of a meal or hotel services package;
c. Offering free wine tastings;
d. Offering room service to registered guests in hotels licensed for such service;
e. Selling pitchers or the equivalent, including, but not limited to, buckets, carafes or bottles of
alcoholic liquor which are customarily sold in such manner and delivered to two (2) or more
persons at one time.
f Discounting any drink of alcoholic liquor during a specified time only if:
(1) the price of the drink of alcoholic liquor is not changed during the time that it is discounted;
(2) the period of time during which any drink of alcoholic liquor is discounted does not exceed
4 hours per day and 15 hours per week: however, this period of time is not required to be
consecutive and may be divided by the licensee in any manner;
(3) the drink of alcoholic liquor is not discounted between the hours of 10:00 p.m. and the
licensed premises' closing hour; and
(4) notice of the discount of the drink of alcoholic liquor during a specified time is posted on
the licensed premises or on the licensee's publicly available website at least 7 days prior to
the specified time.
SECTION 3: Repealer. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed insofar as they are in conflict with this ordinance.
SECTION 4: Severability. If any provision of this ordinance or its application to any person or
under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the
ordinance as a whole or of any portion not adjudicated invalid.
SECTION 5: Effective date. This ordinance shall be in full force and effect from and after its
passage, approval and publication as required by law.
Ordinance 2017-LC-AL-G-1098
An Ordinance Permitting Happy Hour within the Village of Oak Brook
Page 3 of 3
APPROVED THIS 24th day of January, 2017. --
Gopal G. Lalmalani
Village President
PASSED THIS 24th day of January, 2017.
Ayes: Trustees Adler, Mar, Moy, Tiesenga, Yusuf
Nays: Trustee Manzo
Absent: None
ATTEST:
° � -
� F ,
Charlotte K. Pruss
Village Clerk
F = ,
V.
`, e C