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G-1186 - 05/25/2021 - LICENSE -ALCOHOL - Ordinances ITEM 9.A.2 BOARD OF TRUSTEES MEETING VILLAGE 0E UPPER LEVEL CONFERENCE ROOM OAK B R(�- , K BUTLER GOVERNMENT CENTER 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Board of Trustees Meeting of May 25. 2021 SUBJECT: Ordinance Amendment to Title 4, Chapter 1 Liquor Control FROM: Riccardo F. Ginex, Village Manager Michael Castaldo, Jr., Village Attorney BUDGET SOURCE/BUDGET IMPACT: NA RECOMMENDED MOTION: Motion To Approve Ordinance 2021-LC-AL- G-1186,An Ordinance Amending Title 4, Chapter 1, Section 4-1-10 of the Village of Oak Brook Code of Ordinances. Background/History: At the Special Meeting on May 19, 2021,the Village Board had a discussion regarding amending the Liquor Control section of the Village Code. The Village decided to amend Title 4 Chapter 1 Section 4-1-10(M) as follows: (M) Any eleeted publie affleial, village employee, and no stieh offieial shall inwrested in mty way, either direetly or indireetly, in wty business holding an Oak Bra A member of the Village Board of Trustees other than the President of the Village Board may have a direct or indirect interest in the manufacture, sale, or distribution of alcoholic liquor as long as he or she is not a law enforcing public official. To prevent any conflict of interest,the elected official with the direct or indirect interest in the manufacture, sale, or distribution of alcoholic liquor shall not participate in any meetings, hearings, or decisions on matters impacting the manufacture, sale, or distribution of alcoholic liquor; Recommendation: The Village Boar approves the ordinance as amended. RG BOT AGENDA Page 1 THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS ORDINANCE NUMBER 2021-LC-AL-G-1186 AN ORDINANCE AMENDING TITLE 4 CHAPTER 1 SECTION 4-1 -10 OF THE VILLAGE OF OAK BROOK CODE OF ORDINANCES GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk LARRY HERMAN MICHAEL MANZO JAMES NAGLE A. SURESH REDDY EDWARD TIESENGA ASIF YUSUF Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on this the 25th day of May, 2021 Ordinance Amendment No.2021-LC-AL-G-1186 Page 2 of 4 ORDINANCE NO 2021-LC-AL-G-1186 AN ORDINANCE AMENDING TITLE 4 CHAPTER 1 SECTION 4-1-10 OF THE VILLAGE OF OAK BROOK CODE OF ORDINANCES WHEREAS,the Village of Oak Brook(hereinafter referred to as the"Village')is an Illinois Municipal Corporation organized pursuant to the laws of the State of Illinois; WHEREAS,the Village has in full force and effect a codified set of ordinances which are of a general and permanent nature,which said codified set is known and designated as the Village Code of the Village of Oak Brook,as amended; WHEREAS,the Village has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs that protect the health,safety and welfare of its residents including the adoption and imposition of certain taxes; WHEREAS,the Village continuously monitors and reviews its Village Code to ensure that it is properly updated and revised to coincide with any current developments; WHEREAS,the Village desires to amend its liquor code pertaining to persons eligible for license to more accurately reflect the language contained in the Illinois Liquor Code;and WHEREAS,the Corporate Authorities of the Village of Oak Brook are of the opinion that that it is in the best interests of the safety, health and welfare of the residents to amend the portions of the Village Code as set forth herein. NOW, THEREFORE, BE IT ORDAINED, in open meeting assembled by the Village President and Board of Trustees of the Village of Oak Brook,Cook and DuPage Counties,Illinois as follows: Section One-Recitals The Board of Trustees hereby find that all of the recitals hereinbefore stated as contained in the preamble to this ordinance are full, true and correct and do hereby, by reference, incorporate and make them part of this ordinance as legislative findings. Section Two—Amending Title 4 Chapter 1 Section 4-1-10 Title 4 Chapter 1 Section 4-1-10(M)shall be restated as follows: ;A member of the Villaae Board of Trustees other than the President of the Village Board may have a direct or indirect interest in the manufacture sale or distribution of alcoholic liquor as Iona as he or she is not a law enforcing public official To prevent any conflict of interest the elected official with the direct or indirect interest in the manufacture,sale.or 2 Ordinance Amendment No.2021-LC-AL-G-1186 Page 3 of 4 distribution of alcoholic liquor shall not participate in any meetings hearings or decisions on matters impacting the manufacture sale or distribution of alcoholic liquor; Section Four—Effective Date This ordinance shall become effective immediately after its passage. Section Five-Conflict Clause That all ordinances,parts of ordinances or board actions in conflict with the terms of this ordinance shall be repealed to the extent of said conflict. Section Six-Passage Clause That this ordinance shall take full force and effect from and after its passage,approval and publication as provided by law. Section Seven-Constitutionality Clause Any part or parts of this ordinance declared by a court of law to be invalid or unconstitutional shall not affect the validity of the remaining provisions of this ordinance or the Oak Brook Municipal Code. Section Eight-Publication This ordinance shall be published in book or pamphlet form as provided by the Illinois Municipal Code. Section Nine-Recording This ordinance shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook. Remainder of this Page has been Intentionally Left Blank 3 Ordinance Amendment No.2021-LC-AL-G-1186 Page 4 of 4 PASSED THIS 25th day of May, 2021 Trustee Herman, Manzo, Reddy, Tiesenga Ayes: Trustee Yusuf Nays: Absent: None Trustee Nagle Recuse: APPROVED THIS 25th day of May, 2021 Gopal G. Lalmalani Village President ATTEST, r Charlotte K. Pruss Village Clerk ��PGE OF aq*A � a y 4