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G-1191 - 07/13/2021 - LICENSE -ALCOHOL - Ordinances Supporting Documents ITEM 10.6.1 BOARD OF TRUSTEES MEETING VILLAGE Of SAMUEL E. DEAN BOARD ROOM OAK B R,9- 20 K BUTLER GOVERNMENT CENTER � 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of July 13, 2021 SUBJECT: An Amendment to 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. FROM: Charlotte K. Pruss, Village Clerk Kathy Vonachen, Deputy Village Clerk BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to approve passage of Ordinance G-1191, "An Ordinance Amending Title 4, Chapter 1, Section 8A of the Village Code of the Village of Oak Brook, Illinois by Increasing by One to Eighteen the Number of Authorized Class B Liquor Licenses Backaround/History: Nordstrom, Inc. d/b/a Nordstrom Ruscello has made application to the Village of Oak Brook for an additional classification of liquor license to their already approved Class A-1 liquor license. They are requesting to add a Class B Liquor License for their establishment, Nordstrom,Inc. d/b/a Nordstrom Ruscello located at 10 Oakbrook Road. A Class B liquor license allows the retail sale of alcoholic liquors in the original package, not for consumption on the premises where sold. The approval of this liquor license will increase the number of Class B liquor licenses in the Village of Oak Brook from 17 to 18. Background checks are being processed at this time for the officers and manager. The applicant has requested that this application be brought before you for your consideration at the Village Board's regular meeting of July 13, 2021. Enclosed for the Village Board's review is the Application for a Liquor License. BOT 071321 AGENDA Nordstrom Ruscello �'�' Recommendation: The recommendation is for Passage of Ordinance G-1191, which increases the number of Class B liquor licenses by one. If all ordinance requirements are met, the Local Liquor Commissioner Gopal Lalmalani, will issue a Class B Liquor License to Connoisseur Nordstrom, Inc. d/b/a Nordstrom Ruscello located at 10 Oakbrook Road, in the Oak Brook Center. j I� I BOT 071321AGENDA Nordstrom Ruscello Page 2 err FOR OFFICE USE VILLAGE OF OAK BROOK Date Approved: 0 Chwlone K.Pruss.Village Clerk License#Issued: �'] 1200 oak Brook Road Fee Received: ._ eEefr!a � Oak Brook,Illinois 60523-2255 •� (630)368-5036 Fax(630)368.5037 kvonachen oak-brook.o APPLICATION FOR LIQUOR LICENSE Application is hereby made to the Local Liquor Control Commissioner of the Village of Oak Brook for issuance of a Village of Oak Brook liquor license,pursuant to the ordinances of the Village and laws of the State of Illinois. In support of said application,the following is submitted: CLASS:5 FEE: EXTENDED HOUR FOR CLASS A-I LICENSE ONLY: Yes❑No❑Phone 0 L FEE: 500.00 Corporate Name: Nordstrom Inc. Business Name: DBA Nordstrom Ruscello Phone#: 630-571-2121 ext. 1610 Establishment Name: Nordstrom Ruscello Phone#: 630-571-2121 ext.1610 Corporate Address: Fax#: 206 454-1229 Street Address 1600 7th Ave.Ste 2500 E-Mail Address: RESTLIC@nordstrom.cgy City/State/Zip Seattle,WA 98101 Contact Name: Mila Darling Contact Title: Risk Analyst Phone#: 206-454-5572 E-mail address: RESTLICAtiordstrom.com Establishment Address: Fax#: 206-454-1229 Street Address 10 Oakbrook Center City/State/Zip Oak Brook,IL 60523 E Mail Address: 221 rest@nordstrom.com Contact Name: Michael Switzer Contact Title: General Manager Phone#: 630-571-2191 art. 1610 E-mail address: YUVW((Dnordstrom com State of Illinois Liquor License Number: 1A-0081145 Expiration Date: 03/31/2022 List each specific location within this I) NORDSTROM SCELLO establishment where alcoholic 2) Men's Departments liquor is being offered for retail sale: 3) Contemporary Departments - 4) SDecialty Departments 5) Shoe Departments 6) Designer Departments 7) Patio Dining Ownership of Premises: OwnedC3 For initial application,provide proof of ownership(e.g.title policy) Leased 0 If leased,provide copy of lease for full period of license and provide the following information: Name of Lessor: No changes since lease was filed Address of Lessor: City,State&Zip: TYPE OF BUSINESS: 9 Corporation B Individual/Sole Proprietorship 0 Limited Liability Co.93 Partnership Length of time in business: 118 years Character of business:Specialty Fashion Retailer LIQUOR LICENSE APPLICATION 5-12 Page 1 of 9 VILLAGEOF OAK BROOK Charlotte K.Pmss,Village Clerk /sL1200 Oak Brook Road Oak Brook,Illinois 60523.2255 (630)368-50361-(630)368.5037 k—chenrnloak-brook org INDIVIDUAL/SOLE PROPRIETORSHIP: Are you a resident of Oak Brook ®Yes [] No Other than an India idual/Sole Proprietorship this section must be completed by an authorized agent of the applicant This applicant,other than an Individual/Sole Proprietorship,was organized,formed,or incorporated under the laws of the State of Washington on the 281b day of Sept. 1946 If applicant was not organized,formed or incorporated in the State of Illinois,is applicant a foreign business qualified under one ofthe following to transact business in Illinois M Yes 13No Please check which one: M Illinois Business Corporation Act alllinois Revised Uniform Limited Partnership Act Illinois Secretary of State ®I llinois Revised Uniform Partnership Act Other than an Individual/Sole Proprietorship is this business qualified pursuant to one of the following to transact business in Illinois M Yes El No Please check which one: Illinois Business Corporation Act 0111inois Revised Uniform Limited Partnership Act ❑Illinois Secretary of State E3 Illinois Revised Uniform Partnership Act Registered Agent: Name: Corporate Creations Network Inc. _ Telephone#: 773-649-9240 Street Address 350 S Northwest Highway#300 Fax#: City/State/Zip Park Ridge,IL 60068 E-Mail Address: OUALIFICATIONS: a Yes No Does the applicant,the manager or any person or entity listed as Officer,Shareholder,Member, Manager or Partner possess a current Federal wagering and gaming device stamp? (/f)es,provide details on reverse side)(or on an addendum) Yes No Has a federal wagering stamp been issued by the federal government for the current tax period for the premises for which a license is sought? (Ifyes,provide details on reverse side) ❑Yes ❑� No Has applicant,the manager or any person or entity listed as Officer,Shareholder,Member, Manager or Partner ever been convicted of a violation of any Federal or State law concerning the manufacture,possession or sale of alcoholic liquor,or forfeited their bond for failure to appear in court to answer charges for any such violation? (1f),es,provide date,offense,jurisdiction and case number on reverse side) "See attachment#I [DYes ❑No Has applicant made application for similar or other liquor license on premises other than described in this application? *See attachment#2 Page 2 ofv LIQUOR LICENSE APPLICATION OS-12 VILLAGE OF OAK BROOK Charlotte K.Press,Village Clerk 1200 Oak Brook Road Oak Brook,Illinois 60523-2255 (630)369-5036 Fax(630)36&5037 kvormchen(a)oak-brook.org (/f yes,provide disposition of such application on reverse side) Q Yes [:)No Has any liquor license issued to the applicant ever been revoked or suspended? (/f yes,provide date,reason and jurisdiction on reverse side) *See attachment#3 ❑Yes ❑� No Has applicant,the manager or any person or entity listed as Officer,Shareholder,Member, Manager or Partner ever been convicted of a gambling offense in violation of Section 28-3 of the Criminal Code of the State of Illinois(720 ILCS 5.28-1,et seq.),as heretofore or hereafter amended,or as proscribed by a statute replaced by any of the aforesaid statutory provisions? (Ifyes,provide date,offense,jurisdiction and case number on reverse side) ❑Yes Q No Has applicant,the manager or any person or entity listed as Officer,Shareholder,Member, Manager or Partner ever been convicted of a felony? ❑Yes No Has applicant,the manager or any person or entity listed as Officer,Shareholder,Member, Manager or Partner ever been convicted of being the keeper of,or is keeping,a house of ill fame? ®Yes No Has applicant,the manager or any person or entity listed as Officer,Shareholder,Member, Manager or Partner ever been convicted of pandering or other crime or misdemeanor opposed to public decency and morality? INDIVIDUALS: For each Person,Owner,Partner,Officer,Director,Member and Stockholder holding directly or beneficially more than 5%of stock in the business please provide the following information. Position Held Within Organization %of stock i.e.Owner,Managing Partner,general partner,shareholder, owned or Name officer(name office held) membshp interest Bruce A.Nordstrom Shareholder 16'x° Anne E.Gittinger Charitable Contributions Coordinator 9.76% LIQUOR LICENSE APPLICATION OS 12 Page 3 o19 VILLAGE OF OAK BROOK Charlone K.Pmts,Village Clerk 1200 Oak Brook Road Oak Brook,Illinois 60523-2255 (630)368-5036 F-(630)369-5037 kvonachen -k-brook.o FOR EACH OF THE INDIVIDUALS LISTED PLEASE PROVIDE THE FOLLOWING INFORMATION: Name: Bruce A.Nordstrom Phone number:# Address: Date of Birth: City/State,Zip Place of Birth: Drivers License Number: # Position held with above named business: Shareholder 0 Yes ®No Are you a citizen of the United States? ❑Yes ❑NO Are you a Naturalized Citizen? /f you are a naturalized citizen give date and city of naturalization: Court in which/or lain under which)you were naturalized Name: Anne E.Gittinger Phone number:# Address: Date of Birth: City/State,Zip Place of Birth: Drivers License Number: # Position held with above named business: Charitable Contributions Coordinator 0 Yes ❑No Are you a citizen of the United States? ❑Yes ❑No Are you a Naturalized Citizen? If you are a naturalized citizen give date and city of naturalization: Court in which(or law under which)i ou were naturalized Name: Phone number:# Address: Date of Birth: City/State,Zip Place of Birth: Drivers License Number: # Position held with above named business: ❑Yes ❑No Are you a citizen of the United States? []Yes ❑No Are you a Naturalized Citizen? Ifyou are a naturalized citizen give date and city ofnaturalization: LIQUOR LICENSE APPLICATION 05.12 Page 4 of 9 VILLAGE OF OAK BROOK Charlotte K.Pnrss.Village Clerk 1200 Oak Brook Road Oak Brack,Illinois 60523-2255 ?: ! (630)36&5036 Fax(630)368-5037 kvonachen(a)oak-brook org Court in which(or law under which)you were naturalized Name: Phone number:# Address: Date of Birth: City/State,Zip Place of Birth: Drivers License Number: # Position held with above named business: Yes ❑No Are you a citizen of the United States? ❑Yes ❑No Are you a Naturalized Citizen? If you are a naturalized citizen give date and city of naturalization: Court in which(or law under which)you were naturalized 7:u17: Phone number:# Address: Date of Birth: City/State,Zip Place of Birth: Drivers License Number: # Position held with above named business: ❑Yes ❑No Are you a citizen of the United States? []Yes ❑No Are you a Naturalized Citizen? If you are a naturalized citizen give date and city of naturalization:— Court aturalization:_Court in which(or law under which)you were naturalized _- Name: Phone number:# Address: Date of Birth: City/State,Zip Place of Birth: Drivers License Number: # Position held with above named business Yes [3 No Are you a citizen of the United States? ❑Yes ❑No Are you a Naturalized Citizen? /f you are a naturalized citizen give date and city of naturalization: Court in which(or law under which)you were naturalized LIQUOR LICENSE APPLICA nON 05.12 Page 5.1`9 VILLAGE OF OAK BROOK charlotte Press.Village Clerk a 1200 Oak Brook Road Oak Brook,k.Illinois 60523-2255 (630)368-5036 Fax(630)368-5037 kvormchenra)oak-brook org Name: Phone number:# Address: Date of Birth: City/State,Zip Place of Birth: Drivers License Number: # Position held with above named business: ❑Yes ❑No Are you a citizen of the United States? ❑Yes ❑No Are you a Naturalized Citizen? If you are a naturalized citizen give date and city of naturalization: _ Court in which(or lair under which)you were naturalized Name: Phone number.a Address: Date of Birth: City/State,Zip Place of Birth: Drivers License Number: # Position held with above named business: ❑Yes ❑No Are you a citizen of the United States? ❑Yes ❑No Are you a Naturalized Citizen? If you are a naturalized citizen give date and city of naturalization:__ _ (burl in which(or law under which)you were naturalized Name: Phone number:# Address: Date of Birth: City/State,Zip __ Place of Birth: Drivers License Number: # Position held with above named business: ®Yes ®No Are you a citizen of the United States? ❑Yes ❑No Are you a Naturalized Citizen? Ifyou area naturalized citizen give date and city of naturalization: - --— Court in which(or law under which)you were naturalized LIQUOR LICENSE APPLICATION 05.12 Page 6 of 9 VILLAGE OF OAK BROOK Chadoue K.Prasa,Village CIcAc 1200 Oak Brook Road Oak Brook,Illinois 60523-2255 (630)368-5036 Fax(630)368-5037 kvonachenra)oak-brook org Name of person operating as General Manager of the premises. Michael Switzer Name of person operating as Liquor Manager of the premises: A Manager Application Form nwl be submitted for the individuals named above. :An initial application must also include completed fingerprint card. RESTRICTIONS: a. No liquor license shall be issued to any person for premises upon which theatrical or other live performances, which include the types of conduct enumerated in Sections 3-55 of Chapter, 3 shall constitute the entertainment offered to the patrons thereof. This prohibition includes,but is not limited to,any entertainment,fashion show or other presentation which may include any person in a nude or semi-nude state,including,but not limited to,servers,hosts,hostesses,dancers,singers, models or other performance artists,or role playing interactions. b. No liquor license shall be issued to any person for premises upon which amen or women's club is located. INSURANCE REQUIREMENTS: a. Certificate of general liability insurance with limits of not less than$1,000,000 combined single limit or $1,000,000 per occurrence and per aggregate naming the Village of Oak Brook as a party insured issued by an insurance company licensed to do business in the State of Illinois having a"Best"rating acceptable to the Village. The effective period of such insurance coverage shall coincide with the period the liquor license is in effect. Please note that insurance requirements are not satisfied by insurance policies that contain a self-insurance retention provision(SIR)for either general liability or liquor liability insurance. b. Policy of liquor liability insurance by a responsible insurance company authorized and licensed to do business in the state insuring such applicant in the amount of not less than one million dollars ($1,000,000). Please note that insurance requirements are not satisfied by insurance policies that contain a self-insurance retention provision(SIR)for either general liability or liquor liability insurance. SUBMITTALS: In addition to this application forth the following must be submitted: �✓ Annual Fee plus Extended Hour Fee if Applicable F7 Certificate of Insurance ✓=Liquor License Manager Application Form Lease-If premises not beneficially owned by Applicant 'No changes since originally filed Proof of completion of the Illinois Department of Alcohol and Substance Program by all facility managers and employees as is necessary. LIQUOR LICENSE APPLICATION 05.12 Page 7 of 9 VILLAGE OF OAK BROOK CharloRe K.Pm Village Clerk 1200 Oak Brook R-d Oak Brock.111_160523-2255 r (630)368-5036 F.(630)368-5037 k-whenoa oak-brook org LZIProof of completion of attendance by all facility managers and employees as is necessary of a Alcohol Awareness Training Program conducted by the Oak Brook Police Department. Initial Applicants most also provide: =Proof of ownership of premises(e.g.title report) =Floor Plan,as required for any premises to be licensed for sale of alcoholic liquor for consumption on the premises,drawn to scale,and with sufficient detail to depict types of seating,location of bars and other design features.(Submit twelve(12)copies of Floor Plan and Menu.) Zaompleted fingerprint cards for each Corporate Officer,General Manager and Liquor Manager =Employee liquor handling training manual describing the specific procedures of the applicant to monitor operations to insure no incidences of underage drinking. Applicant understands and agrees that additional information and material may be required during the processing of this application related to applicant's qualifications, the information provided herein, including attachments,and the class of license involved. Applicant agrees to provide such additional information and material and that failure to do so may delay the processing of this application or result in its denial. Applicant understands that no liquor license shall be issued to any person: (a) for premises upon which theatrical or other live performances which include the types of conduct enumerated in Section 3-55 of Chapter 3 of The Oak Brook Village Code. This prohibition includes, but is not limited to,any entertainment,fashion show or other presentation which may include any person in a nude or semi-nude state,including,but not limited to,servers,hosts,hostesses,dancers, singers,models or other performance artists,or role playing interactions. (b) for the sale at retail of any alcoholic liquor within one hundred(100)feet of any church,school, hospital, home for the aged or indigent persons or for veterans,their spouses or children or any military or naval stations. (c) for premises upon which a men's or women's club is located. In the event Applicant is made aware that any information or document submitted, as part of this application process is inaccurate or incomplete,Applicant agrees to immediately notify the Village and provide appropriate corrections. Applicant understands and agrees to provide such additional information and material,and that failure to do so may delay the processing of this application or result in its denial. LIQUOR LICENSE APPLICA730N 05.12 Page 8 of 9 VILLAGE OF OAK BROOK Charlotte K Pn ,Village Oak 1200 Oak Brook Road . � Oak Brook.Illinois 60523-2255 (630)369-5036 F.(630)368.5037 k_=henr5),mk-brook mg ATTESTATIONS: 1.Ann Munson Steines the EVP/Corp Sec of the above licensee, hereby certify under oath, that the foregoing application is true and correct and all information previously submitted on the original application, including the floor plan,has not changed. 1 further understand that any incorrect or fraudulent statement made in this application constitutes grounds for immediate suspension and/or revocation of the liquor license herein sought. The undersigned,does further state as follows: That the undersigned is empowered to prepare and sign this application on behalf of the applicant. That the undersigned has reviewed this application,and all attachments and submittals,and that the information contained herein is true and accurate. That the undersigned,on behalf of the Applicant,acknowledges and agrees that a false statement knowingly made in this application shall bar the Applicant from further consideration and the application shall be denied. That the undersigned is not disqualified to receive a liquor license by reason of any matter or thing contained in the laws of this state,or the ordinances of the Village. That the undersigned will not violate any of the laws of the State of Illinois,or of the United States,including but not limited to the Americans With Disabilities Act, or any ordinances of the Village in the conduct of the applicant's place of business. APPLICANT Nordstrom,Inc.DBA Nordstrom Ruscello BY: Signature Print Name Ann Munso telnes Title Executive Vice President General Counsel&Corporate Secretary LIQUOR LICENSE APPLICAMN 05-12 Page 9 0l 9 OATE(MM/DOYYYVI A�ROa CERTIFICATE OF LIABILITY INSURANCE °�1°BgD2 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. „ IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(Ies)must have ADDITIONAL INSURED provisions or be endorsed.It SUBROGATION IS WAIVED,sub)ect ID the terms and conditions of the policy,certain policies may require an endorsement.A statement on this Derliflcale does not cooler rights to the certificate holder In lieu of such endorsement(s).PAOy CONTACT a Aon Risk Insurance Services West, Inc. Nom. (206)]c-OD FAX (106)IA9-A660 v Seattle WA Office IA'C MO Exl. A'C No 1420 Fifth Avenue = CRESS: Suite 1200 Seattle WA 99101-4030 USA WSURER(S)AFFOROMMO Ams�� R6URERA: XL Specialty Insura Nordstrom, Inc. INSWER B: Landmark American I 701 Narger Road N6URERC: Oakb rook IL 60523 USA N6URER D: INSURER E: a6UAER F: COVERAGES CERTIFICATE NUMBER:570085995235 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Llmtts shown arc as requested TYPE OF INSURANCE POLICYMMBER y Laws TR LNA EACH OCCURRENCE 51,000,000 X COWERCIALGEIERALLAABILIfY S'Ta'RER 5300,000 CLAMS-MADE X❑OCCUR PREMISE E ¢uRa00e NEO EXP(My one Oawo^l Excluded PERSONAL a ADV WURY Excluded GEN'L AGGREGATE LMRi APPLES PER. GENERAL AGGREGATE $5,000,000 POLICY❑RO D— vn000CT5 DONP,OPAGG 55.000,000 E Pallon 11mV, $1.000,000 Sbbb OTHER COMABNED SINGLE LMR AUTOMOBILE UABILRY BODILY W URY 1 Par gmPe) ANVAUTO SCHEDULED BOOBY WURY IPB,a "I' 4 OWNED AUTOS PROPERTY DAM AGE 0 IA UTO O"Y NON-0wNED AttWm C DHLY AUTOS ONLY Par A % UMBRE;RETENTICI AB % OCCUR See Attac a 0210112022 EACH OCCURRENCE $5,000,000 AGGREGATE S5,000,000 E%CESCLAMS#WDE DED % S 10.000 COMPEAs.AND WORKERS PEP STATUTE OTM- EWLOYERS'UABILITY y/N E EACH ACCIDENT PROPmE10R�PARiNERr E%ECUIIVE Mr♦ pGFICERM.EMBER ExU WED+ E.L.DISEASE EA EMPLOYEE rya„IalerymRKO E.L DISEASE-POLICY LMR YY OFF aeKrEe DESCRFTx)N OF OPERATXINS Www oESCRVTKSN Or OPERITIOILS r LOCATION$I VEHICLES(ACW D 101.AINKsPi l Rww—BCWaIAa.Amy W AIACWa N mon FPAca N raWMe41 RE: Liquor License for Store 121, Oakbrook center, 10 Oakbrook center, Oak Brook, IL 60523-1830. Liquor Liability is 'ncluded n General Liability Policy with 51,000,000 Each Occurrence and S2,000,000 Aggreggate. The village of Oak Brook, its officials, L employees, volunteers and agents are included as Additional Insured as required by ordinance in accordance with the policy provinons of the General Lability and Liquor Liability policies. in, im CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE TMAEOF,NOTICE WILL BE DELIVERED N ACCORDANCE WITH THE POLICY PROVBIONs. Village Of Oak Brook AUTHORIDED REPREUNTATNE 1200 Oak Brook Road Oak Brook IL 60523-2255 USA �I ©198&2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 10644125 LOC#: ADDITIONAL REMARKS SCHEDULE Page _of_ AGENC' NANED WSIIRED AOn Risk Insurance Services West, Inc. Nordstrom, Inc. Poucy N WEER See certificate Number: 570085995235 0ARRIER MAIC CODE See Certificate Number: 510065995235 EEEECIIVE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liabifit Insurance Excess Layers company: XL Specialty Insurance Company policy#: US00089327L121A company: Endurance American Specialty Insurance Policy#: XSC30DO0526103 company: Great American Insurance Company of NY Policy#: EXC3284398 ACORD 101(3008101) The ACORD name aM k 0 2008 ACORO CORPORATION.AN rights reserw0.logo are replsteraA marks of ACORD POLICY NUMBER:LHA141333 COMMERCIAL GENERAL LIABILITY CG 20 12 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: VILLAGE OF OAK BROOK 1200 OAK BROOK RD. OAK BROOK,IL 60523 Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section II—Who Is An Insured is amended to 2. This insurance does not apply to: include as an additional insured any state or a. 'Bodily injury', "property damage" or governmental agency or subdivision or political "personal and advertising injury"arising out subdivision shown in the Schedule,subject to the of operations performed for the federal following provisions: government,state or municipality;or 1. This insurance applies only with respect to b. 'Bodily injury" or "property damage" operations performed by you or on your behalf included within the "products-completed for which the state or governmental agency or operations hazard". subdivision or political subdivision has issued a B With respect to the insurance afforded to these permit or authorization. additional insureds, the following is added to However: Section III—Limits Of Insurance: a. The insurance afforded to such additional If coverage provided to the additional insured is insured only applies to the extent permitted required by a contract or agreement,the most we by law;and will pay on behalf of the additional insured is the b. If coverage provided to the additional amount of insurance: insured is required by a contract or 1. Required by the contract or agreement;or agreement, the insurance afforded to such additional insured will not be broader than 2. Available under the applicable Limits of that which you are required by the contract Insurance shown in the Declarations; or agreement to provide for such additional whichever is less. insured. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 12 04 13 ©Insurance Services Office,Inc.,2012 Page 1 of 1 13 VILLAGE OF OAK BROOK Charlone K.Pori,Village Clerk 1200 Oak Brook Road Oak Brook,Illinou 60523.2255 (630)368.5036 Fa:(630)368.5037 kvonachen@mk-bmok.org LIQUOR LICENSE MANAGER APPLICATION Corporate Name: Nordstrom, Inc. _ Business Name: Nordstrom Ruscello _ Establishment Name: Nordstrom Ruscello Street Address 10 Oakbrook Center Phone N: 630-571-2121 ext 1610 Applicant Phone#: Name: Michael Switzer e-mail(wk) YUVO/ nordstrom.com Home Address: Date of Birth: I City/State,Zip Place of Birth: Drivers License N a Position held with above named business: General Manager ®Yes ❑No Are you a citizen of the United States? ❑Yes ❑No Are you a Naturalized Citizen? If you are a naturalized citizen give date and city of naturalization: Court in which(or law under which)you were naturalized ❑Yes ®No Do you possess a current Federal wagering and gaming device stamp? (If)vs,provide details on reverse side) ❑Yes ®No Have you ever been convicted of a violation of any Federal or State law concerning the manufacture,possession or sale of alcoholic liquor,or forfeited their bond for failure to appear in court to answer charges for any such violation? (/f)es,provide date,offense,jurisdiction and case number on reverse side) ❑Yes ®No Have you ever been convicted of a gambling offense in violation of Section 28-3 of the Criminal Code of the State of Illinois(720 ILCS 5.28-1,et seq.),as heretofore or hereafter amended,or as proscribed by a statute replaced by any of the aforesaid statutory provisions? (If)es,provide date,offense,jurisdiction and case number on reverse side) ❑Yes m No Have you ever been convicted of a felony? ❑Yes No Have you ever been convicted of being the keeper of,or is keeping,a house of ill fame? ❑Yes m No Have you ever been convicted of pandering or other crime or misdemeanor opposed to public decency and morality? LIQUOR LICENSE MANAGER APPLICATION FORM 01.2016 Page I of 2 VILLAGE OF OAK BROOK 4� Charlotte K Press,Village Clerk e' 1200 Oak Brook Road Oak Brook,Illinois 60523.2255 (630)368-5036 FU(630)369.5037 kvonachen@oak-brook.org Yes ®No Have you ever been convicted of a drug-related offense? (If yes,provide date,offense,jurisdiction and case number on reverse side) ❑Yes ®No Have you pled guilty to or were you ever been convicted of driving under the influence,Class A misdemeanor? If yes,indicate on reverse side date of guilty plea or date of conviction and if suspension given, date of completion of suspension. ®Yes No Have you successfully completed a State-licensed alcohol seller/server education program? If yes,please provide a copy of the Certificate of Completion. If no,please arrange to attend a Village of Oak Brook BASSET program. Liquor Handling Experience—Please provide name and address of any other liquor establishment in which you have been employed or owned an interest. Nordstrom Cafe,77 Old Orchard Shopping Center,Skokie,IL 60077 Marshall Field's,1 Oakbrook Center,Oak Brook,IL 60523 1 on oath state that I will not violate any of the ordinances of the Village of Oak Brook or the laws of the State of Illinois or the United States of America in the operation of the place of business described herein,that I have read and understand the Oak Brook liquor control ordinances and that the statements herein are true and correct. Signature LIQUOR LICENSE MANAGER APPLICATION FORM 01.2016 Page 2 of 2 After recording, return to: David G. Johansen, Esq• Lane Powell Moss & Miller 1420 Fifth Avenue Suite 4100 Seattle, Washington 98101-2338 MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE is dated as of the day of April, 1990, and is entered into between LA SALLE ertNATIONAL BANK, not individually but as Trustee75, ndukner owntastTrustallo.T49475 Agreement dated November 20, 1975, INC. , a Washington (the "Trust") ("Landlord") and NORDSTROM, corporation ("Tenant'). J WHEREAS, Landlord and Tenant havewherebydlease into a Landlord has" dated the date hereof (the Lease" on Exhibit C. ground leased the premises es legally describedTenant hereto (the "Premises") ' WHEREAS, the Premion Oakbrook Center soes are Illinois s (the "ShoppingCenter") a in the village of Oak Brokis owned by the Landlord (the certain portion of which' "Landlord's Tract") legally described on Exhibit "A" attached hereto; sire to enter into this WHEREAS, Landlord and Tenant dethat Memorandum °haveanoticewhich ofrs to be Tenant'srinterestlin theorder premisesthird parties may and the Lease. NOW THEREFORE, in consideration of d p erformedents nbycTenantts provided for in the Lease to be paid and p thereunder, Landlordrhas leased ttheetermsnant aandTconditionslset ed from Landlord, incorporated forth in the Lease, which terms and conditions are herein by this reference. of the month in which 1 . Term. The initial term of the Lease commences on the ay date hereof and ends with the anniversarysOfdthe Commencement Date the thirtieth (30th) occurs, unless sooner terminated or means (hereinafter defined) ens e" the extended as provided in the Lease. "Commencement Date en its Store (as defined the first to occur of the date on which Tenant °p public date on which Tenant is reqShopping ed to Centerforbusinessantedhthprteen to t in the Lease) ir. the oft 5� oars each to p,,r�uant to Section 3 of the Lease. Tenant is 9 (13) separate, successive periods for five (�, '!- renew the term of the Lease. Bnc 2. Easements. ditions of Pursi�nted tont to hTenantsvariousneasements, 3 the Lease, Landlord has g egress and vehicular parking including easements foortions ingress, the Landlord's Tract. over the common area p each other nonexclusive Landlord and Tenant have granted to of construction, reconstruction, easements for the purpose uP erection, removal and maintenance to each other's tracts. Landlord has granted to Tenant nonexclusive easements for utilities. Landlord and Tenant have granted to eachother an easement Tenantehasnstruction granted to Landlord attachment for for bridge. construction, maintenance and repair of a vehicular access roadway over, through and under a portion of the Premises. 3. Chan es to Landlord's Tract. ahe Lease contemplates and construction of certain buildings, a parking dlord's Tract over which Tenant has common areas on the Lan approval and consulting rights. 4. Operator. Urban Oakbrook Venture, a general signatory partnership and the beneficiary under the Trust, to the Lease and has agreed to pelyrfowi and assume to Landlord for the responsibility jointly and severally obligations of Landlord under the Lease. 5. Addresses of the Provided inheeaddresseson 40 offttheLease, parties, until changed as p are set forth in the Lease as follows: JMB Properties Urban Company Landlord: 900 North Michigan Avenue � Chicago, Illinois 60611 Attention: Senior Vice President-Management Urban Investment and Development Co. with a copy to: 900 North Michigan Avenue r Chicago, Illinois 60611 t Attention: Law Department Tenant: Nordstrom, Inc. 1501 Fifth Avenue Seattle, Washington 98101 Attention: President with a copy to: Nordstrom, Inc. 1501 Fifth Avenue Seattle, Washington 98101 Attention: Real Estate Notices 5. Conflicts With Lease. This Memorandum of Lease is intended to provide notice of the Lease and Tenant's interests in and appurtenant to the Premises. The terms of this nterpreted to modify or amend Memorandum of Lease shall not be iand the respective rights and obligations cf the Tanconflconflict Tenant under the Lease, and in the event of any between the terms of the Lease and this Memorandum of Lease, the terms of the Lease shall prevail. EXECUTED as of the day first above written. LANDLORD: LASALLE NATIONAL BANK, not individually but as Trustee under a certain Trust Agreement dated November 20, 1975, and known as Trust No. 49475 B - / - By s v/ Pre ident BENEFICIARY: URBAN OAKBROOKVENTlRE,rtnership An Illinois Pa By: Urban Investment and a7 Illinois general S Development COY, its partnership general nartner tJ BY1 Its ecutive vice�resiaenc O v W N TENANT: CJ1 Cn NORDSTROM, INC. By Its President U C�_r STATE OF ILLINOIS ss. COUNTY OF C-CA � a �'� April, 1990, before me p �QTJaAlY,y, r . On this 3 . day of Ap +• appeared JL�to me known to be them y act corporation that executed the foregoing instrument an acknowledged said instrument tfobethethe usesfree andand puOrposesrtherein and deed of said corporation, mentioned, and on oath stated that he was authorized to execute said instrument. In Witness whereof I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC in and for the Stat f III'[ i residing L" a t 4" 0FF1L1A Fs an 1%Do.d My appointment expires: Noun?�V,c State°f1� _ In �17i MI tp��ss` E,C.•es I:ne 11. 2 STATE OF ILLINOIS ss. COUNTY OF ) day of April, 1990, efore me ersonally On this of the appeared to me known to be the corporation that executed the foregoing instrument and acknowledged said instrument tfbetthe he ufree sesand and pvoluntarrposes act.n and deed of said corporation, o erei mentioned, and on oath stated that he was authorized to execute said instrument. In Witness Whereof Iav hereunto t my hada nd affixed my official seal the day and"OFFICIAL SEALNOTARY UBLIC in and for the Denise E Clarice residing 'itState of IllinoisP.LJN,b1yP1b1k,Sft1IIM'6s y Commissim Expires 3/19/94 at c ��' _ My appointment expir s: 31 IQ I � o STATE OF WASHINGTON ) ss. W COUNTY OF KING {� day of April, 1990, bef ). me personally On t is \). of appeared o me known to be the Nordstrom, Inc., the corporation that executed the foregoing instrument and acknowledged said instrument forbtheand heusesand voluntary act and deed of said corporation, purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY 2u1BLIC in and State Wash ngton ,Lress�3�fi9 ': at IuDQi ?,1. rtlA My appoint meAt2QgeG ;�' > RXHIBIT A PARCEL 1: THE FOLLOWING LOTS AND PORTIONS OF LOTS IN OAKBROOK TERRACE, A SUBDIVISION OF PART OF SECTION 23, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT TIIEREOF RECORDED OCTOBER 24, 1960 AS DOCUMENT 984765, IN DUPAGE COUNTY, ILLINOIS: LOT 2: THAT PART OF LOT 3 DESCRIBED AS FOLLOWS: BEGINNING AT THAT CORNER IN THE NORTHERLY BOUNDARY OF SAID LOT 3 WHICH IS ALSO THE MOST SOUTHERLY CORNER OF LOT 2 IN OAKBROOK TERRACE, AND RUNNING THENCE NORTHEASTWARDLY ALONG THE NORTHWESTERLY BOUNDARY OF SAID LOT 2, A DISTANCE OF 19S FEET; THENCE SOUTHEASTWARDLY ALONG A LINE PERPENDICULAR TO THE LAST DESCRIBED COURSE, A DISTANCE OF 20 FEET; THENCE SOUTHWESTWARDLY ALONG A LINE PARALLEL WITH SAID NORTHWESTERLY BOUNDARY OF LOT 3, A DISTANCE OF 195.FEET; AND THENCE NORTN.'ESTWARDLY 1 ALONG A LINE PERPENDICULAR TO THE LAST DESCRIBED COURSE, A DISTANCE OF 0CD 20 FEET TO THE POINT OF BEGINNING; AND W THAT PART OF LOT 3 DESCRIBED AS FOLLOWS: N C.n BEGINNING AT THE SOUTHEAST CORNER OF SAID IAT 3; THENCE SOUTH 69 cs DEGREES, 19 ]IINUIES, 24 SECONDS WEST 38.79 FEET ON THE SOUTH LINE OF SAID LOT 3; THENCE NORTH 00 DEGREES, 42 MINUTES, 33 SECONDS WEST 305.58 FEET TO A POINT IN THE EAST LINE OF SAID IAT 3; THENCE SOUTH 27 DEGREES, 56 MINUTES, 59 SECONDS EAST 85.03 FEET ALONG SAID EAST LINE; THENCE SOUTH OO DEGREES, 40 MINUTES, 36 SECONDS EAST 230 FEET ALONG SAID EAST LINE TO THE POINT OF BEGIhNING; ALSO THAT PART OF IAT 3 DESCRIBED AS FOLLO':S: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 3; THENCE NORTH 00 DEGREES, 40 MINUTES, 36 SECONDS WEST 230 FEET ALONG THE EASTERLY LINE OF SAID LOT 3; THENCE NORTH 27 DEGREES, 56 MINUTES, 59 SECONDS WEST 174.67 FEET ALONG THE EASTERLY LINE OF SAID IAT 3 TO A P01NT OF BEGINNING; THENCE NORTH 38 DEGREES, 24 MINUTES, 23 SECONDS WEST 341.23 FEET TO THE SOUTHEASTERLY LINE OF LOT 2 IN OAKBROOK TERRACE, SAID LINE BEING ALSO T'HE NORTHwESIERLY Llai OF THE MOST SOLTHERLY PORTION OF LOT 3; THENCE THE FOLLOWING COURSES ALONG THE BOUNDARY LINES OF SAID LOT 3; NORTH 51 DEGREES, 35 MINUTES, 37 SECONDS EAST 257.16 FEET; THENCE NORTH 38 DEGREES, 24 MINUTES, 23 SECONDS WEST 65.79 FEET; THENCE NORTH 51 DEGREES, 35 MINUTES, 37 SECONDS EAST 556.91 FEET; THENCE SOUTH 1 DECREE, 05'!,:NUTES, 37 SECONDS WEST $27.49 FEET; THENCE SOUTH 51 DEGREES, 35 MINUTES, 37 SECONDS WEST 478.55 FEET TO THE POINT OF BEGINNING; (EXHIBIT 11 (CONTINUED) LAT 4 (EXCEPT THAT PART THEREOF DESCRIBED AS FOLLOWS): CO.`LHENCING AT THE SOUTHWEST CORNER OF SAID LOT 4; THENCE NORTH 1 DEGREE, 05 MINUTES, 37 SECONDS EAST ALONG THE VEST LINE OF SAID IAT 4, 615 FEET TO THE NORTHWEST CORNER OF SAID IAT '.; THENCE S^.UTH 68 DEGREES, 54 MINUTES, 23 SECONDS EAST ALONG THE NORTH LINE OF SAID IAT 4, 423.32 FEET; THENCE SOUTH 1 DEGREE, 05 MINUTES, 37 SECONDS VEST 631.27 FEET TO A SOUTHERLY LINE OF SAID IAT 4; THENCE NORTH 38 DEGREES, 24 MINUTES, 23 SECONDS WEST ALONG SAID SOUTHERLY LINE, 21.10 FEET TO AN ANGLE POINT IN SAID SOUTHERLY LINE; THENCE NORTH 88 DEGREES, 54 MINUTES, 23 SECONDS WEST. ALONG SAID SOUTHERLY LINE OF SAID IAT 4, 409.90 FEET TO THE POINT OF BEGINNING; LOT 5 (EXCEPT THE NORTH 25 FEET OF SAID IAT 5); ALSO THAT PART OF IAT 9 LYING SOUTHERLY OF THE SOUTHERLY LINE OF THE BO FOOT STRIP DESCRIBED AS THE EASEMENT PROPERTY IN THE INSTRUMENT RECORDED SEPTEMBER 28, 1962 AS DOCUMENT NO. R62-34593, (EXCEPT THAT PART OF SAID LOT 9 FALLING IN SPRING ROAD AND 22ND STREET), EXCEPT FRO`1 THE FOREGOING DESCRIBED TRACT OF LAND THE BUILDINGS AND IMPROVEMENTS LOCATED ON THAT PORTION OF SAID TRACT DESCRIBED AS FOLLOWS: �O C7 THAT PART OF LOTS 3 AND 9 DESCRIBED AS FOLLOWS: o CO` IENCING AT THE SDLTHEAST CORNER OF SAID IAT 3; THENCE THE FOLLOWING V W THREE COURSES ALONG THE EASTERLY IAT LINE OF IAT 3, AFORESAID N (1) NORTH OD DEGREES, 40 MINLTtS, 36 SECDND3 WcST 230 FEF.; (n (2) THENCE NORTH 27 DEGREES, 56 MINUTES, S9 SECONDS WEST 174.67; cn (3) THENCE NORTH 51 DEGREES, 35 MINUTES, 37 SECONDS EAST 176.92 FEET TO A POINT OF BEGINNING; THENCE NORTH 38 DEGREES, 24 MINUTES, 23 SFCONDS WEST 132.50 FEET; THENCE NORTH 51 DEGREES, 35 MINUTES, 37 SECONDS EAST 110.00 FEET; THENCE NORTH 38 DEGREES, 24 MINUTES, 23 SECONDS WEST 5.00 FEET; THENCE NORTH 51 DEGREES, 35 MINUTES, 37 SECONDS EAST 25.44 FEET; THENCE SOUTH 38 DEGREES, 24 MINUTES, 23 SECONDS EAST 5.00 FEET; THENCE NORTH 51 DEGREES, 35 MINUTES, 37 SECONDS EAST 310.00 FEET; THENCE SOUTH 38 DEGREES, 24 MINUTES, 23 SECONDS EAST 202.80 FEET; THENCE SOUTH 51 DEGREES, 35 MINUTES, 37 SECONDS WEST 98.44 FEET; THENCE SOUTH 38 DEGREES, 24 MINUTES, 23 SECONDS EAST 2.50 FEET; THENCE SOUTH 51 DEGREES, 35 MINUTES, 37 SECONDS WEST 20.00 FEET; THENCE NORTH 38 DEGREES, 24 MIN(TTES, 23 SECONDS WEST 2.50 FEET; THENCE SOUTH 51 DEGREES, 35 MINUTES, 37 SECONDS WEST 127.00 FEET; THENCE NORTH 38 DEGREES, 24 MINUTES, 23 SECONDS WEST 70.30 FEET TO THE POINT OF BEGINNING. 23 3oa - p EXHIBIT A (CONTINUEL PARCEL 2: EASEMENTS FOR THE BENEFIT OF LOT 2 AND THOSE PARTS OF LOTS 3, 4, 5 AND 9 IN PARCEL 1 AFORESAID, AS PROVIDED FOR IN AN AGREEMENT BETWEEN MARSHALL FIELD & COMPANY AND OAKBROOK TERRACE, INC., DATED AUGUST 2, 1960, AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF DUPAGE COUNTY, ILLINOIS, ON OCTOBER 25, 1960 AS DOCursNT NO. 984690, KND AS CREATED BY THE DEED FROM MARSHALL FIjLD 1L COMPANY, A CORPORATION OF ILLINOIS, TO OAKBROOK TERRACE, INC., A CORPORATION OF ILLINOIS, DATED NOVEMBER 1, 1960 AND RECORDED IN THE OFFICE OF SAID RECORDER OF DEEDS ON NOVEMBER 10, 1960 AS DOCUllENT NO. 986851, AND MODIFIED BY INSTRU11EhTS RECORDED JULY 31, 1964 AS DOCUMENT NO. R64-27538 AN"D RECORDED JANUARY 9, 1976 AS WCUMENT NO. R76-2064 AND AMENDED BY AGREEMEN-T RECORDED OCTOBER 10, 1980 AS DOCUMENT N0. RSO-62284, INCLUDING WITHOUT LIMITATION FOR PASSAGEWAY OVER, AND THE x CONSTRUCTION MAINTENANCE AND OPERATION OF VARIOUS ROADWAYS, STREETS, DRIVEWAYS, WALKWAYS, MALLS, PARKING AREAS, SANITARY AND DRAINAGE SEWERS, LIGHTING SYSTEMS, LANDSCAPING, CONDUITS AND SERVICE LINES UPON PARTS OF LATS 1, 3, 4, 6 AND 7 IN OAKBROOK TERRACE, AFORESAID. v CJ Lrl N PARCEL 3: OWKERSHIP OF THE BUILDINGS AND IMPROVEMENTS LOCATED ON THE c_n PROPERTY DESCRIBED BELOW AT THE TERMINATION OF THE LEASE DATED SEPTEMBER 9, 1980 MADE BY AND BETWEEN L.ASALLE NATIONAL BAN)C, AS TRUSTEE UNDER TRUST AGREEMENT DATED NOVEMBER 20, 1975 AND KNOWN AS TRUST NO. 49475, LESSOR, AND CARTER HAWLEY HALE STORES, INC., LESSEE, A SHORT FORt1 OF WHICH WAS RECORDED FEBRUARY 1, 1982 AS DOCUMENT N0. R82-3858, AS MORE PARTICULARLY RESERVED AND DEFINED IN DEED DATED JANUARY 22, 1982 AND RECORDED FEPRUARY 1, 1982 AS DOCUMENT NO. R62-3659 MADE BY SAID LESSOR TO SAID LESSEE: THAT PART OF LOTS 3 AND 9 IN OAKBROOK TERRACE, A SUBDIVISION OF PART OF SECTION 23, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: CO1LMENCING AT THE SOUTHEAST CORNER OF SAID LOT 3; THENCE THE FOLLOWING THREE COURSES ALONG THE EASTERLY LAT LIKE OF LOT 3, AFORESAID: (1) NORTH 00 DEGREES, 40 i1INUTES, 36 SECONDS WEST 230 FEET; (2) THENCE NORTH 27 DEGREES, 56 MINUTES, 59 SECONDS WEST 174.67 FEET; (3) THENCE NORTH 51 DEGREES, 35 MINUTES, 37 SECONDS EAST 176.92 FEET TO A POINT OF BEGINNING; THENCE NORTH 38 DEGREES, 24 MINUTES, 23 SECONDS WEST 132.50 FEET; THENCE NORTH 51 DEGREES, 35 MINITTES, 37 SECONDS EAST 110.00 FEET; THENCE NORTH 38 DEGREES, 24 MINUTES, 23 SECONDS WEST 5.00 FEET; THENCE NORTH 51 DEGREES, 35 MINUTES, 37 SECONDS EAST 25.44 FEET; THENCE SOUTH 38 DEGREES, 24 MINUTES, 23 SECONDS EAST 5.00 FEET; THENCE NORTH 51 DEGREES, 35 MINUTES, 37 SECONDS EAST 110.00 FEET; THENCE SOUTH 38 DEGREES, 24 MINUTES, 23 SECONDS EAST 202.80 FEET; THENCE SOUTH 51 DEGREES, 35 MINUTES, 37 SECONDS WEST 98.44 FEET; THENCE SOUTH 38 DEGREES, 24 MINUTES, 23 SECONDS EAST 2.50 FEET; THENCE SOUTH 51 DEGREES, 35 MINUTES, 37 SECONDS WEST 20.00 FEET; THENCE NORTH 38 DEGREES, 24 MINUTES, 23 SECONDS WEST 2.50 FEET; THENCE SOUTH 51 DEGkEES, 35 HINVPES, 37 SECONDS WEST 127.00 FEET; THENCE NORTH 38 DEGREES, 24 MINUTES, 23 SECONDS WEST 70.30 FEET TO THE POINT OF BEGINNING, IN DUPAGE COUNTY, ILLINOIS. IDE LOT 5 IN OAYUA.b110TLRNACE, A SUbDIV1SION or PART Of , TONIISHIP )f NUNTN, RANGE 11 LAST Or THE THIRD MERIDIAN, ACCORDING TO THE 1960 AS DOCURENPLAT THERE03 RECORDtO 7 H0. 981)65, DESCRIBED AS 30LLOWS: AT THE INTERSECTION 01THE SOVTII LINE or 16TH STREET, PER DOCLNENT NO. R61-)06{)) AND THE LAST LINE 03 SAID :NCE SOUTHERLY ALONG THE EAST LINEO► SAID 1.OT S, SAID S A BEMING or C 03' 0S' )B" N 30R THE PURPOSE A 015TAN[C OE 6)1.0) ►CLT; THEO► THIS NCE NESTLRLY, AT RIGHT SAID LAST LINE, A DISTANCE OE 66.42 ►ELT; THENCE 1' bf, 25.00 TELT TO THY POINT Of BEGINNING; "° 1{• N, 279.08 ►LET; THENCE N 38' THENCE E N S1' ){' 24• E, 250.00 FEET; EN 26• ., 206.00 ,I r 'LCT; THENCE S THENCE N 06' {� 24• 1. E, 211.56 EE[7,)THENCE 5657'EI{.{8.10 TELT; THENCE L 2S' 26' E, {{.50 1EE7; THENCE S 06'{• N' 27.00 35.71 31 E PLACE 03 BEGINNING, CONTAINING 2.00071•ACRESW. S IN lY, ILLINOIS. ob a3 3Do oaS6 !RlY'AV 116.0• �Jj� I L •1'Irrt.o �) 14 y tnr:r•AAl� i1 +'� I �� to )e �I s O + 0 MI C) W N nu �r.•a•rrn nes rs � •01/rlpr //nu frfrt f1Y I e esr+.rr..y r2rAry sar• LOT J .a = 151: 014 I YI M��w M.Nti G t �• w •yi� 6 � h v � hI1 1 Illinois } Liquor Control TheCommission I' Reta, Education Proj Ct Booklet 1 : Preventing Underage Sales and Purchases Presented by: Illinois Liquor Control Commission Albert D.McCoy STATE OF ILLINOIS Don W.Adams Charman James M.Hogan Jim Edgar cmvemor John K.Kneafsey John M.(Jack)Dorgan Irving J.Koppel Executive Director ILLINOIS LIQUOR CONTROL COMMISSION Commissioners 100 West Randolph,Suite 5-300 Chicago.Illinois 60601 (312)814-2206 TDD:(312)814-1844 Dear Liquor Licensee, The Illinois General Assembly called for the Illinois Liquor Control Commission(ILCC)to create a Retail Education Program. The idea for the program evolved from discussions with representatives from local governments,the alcohol beverage industry and citizen groups. As part of the ILCC Retail Education Program,the Commission is pleased to present informational booklets covering topics of concern to all of us. This booklet,entitled"Preventing Underage Sales and Purchases," clarifies current laws and highlights accepted industry practices related to this subject. The booklet can be copied,distributed and discussed with your staff and has been designed to fit into a three- ring binder. It is intended as a supplement,not substitute,for other training programs,including state-licensed BASSET(Beverage Alcohol Sellers and Servers Education Training)programs. The Commission encourages retail licensee and employee participation in BASSET programs.BASSET offers intensive training and practice exercises in preventing underage sales and purchases and the responsible sale and service of alcohol. For more information about BASSET programs in your area,please call the ILCC's Education Division at 312/ 814-2206. Enclosed with this mailing is a form for your comments,questions and ideas. We would appreciate it if you would take the time to complete the form and return it to us. Your comments will give us direction for developing materials that address your concerns and questions. In closing,we recognize the important role your industry has taken in preventing underage purchases and sales as well as its contribution to the economic vitality of this State. The ILCC hopes this booklet will serve as a resource for you and your employees. If you have any questions,please do not hesitate to call. Sincerely, John M.(lack)Dorgan Executive Director BOOKLET 1 • ILCC Retail Education Project PREVENTING UNDERAGE SALES AND PURCHASES In Illinois, retail liquor licensees, their employees,individuals under the age of 21 and This booklet identifies key the general public must comply with the laws points related to the which prohibit persons under the age of 21 from following topics: purchasing and consuming alcoholic beverages. Proof of Check your local laws. Many local legal age governments set a minimum age re- quirement for entering establishments that sell or serve alcoholic beverages Standard practices (235 ILCS 5/4-1*). for screening and checking identification 235 ILCS 5/6-16(a)* It is illegal for retail liquor licensees and their employees Additional safeguards to sell,give or deliver alcoholic beverages to anyone who against underage is under 21 years of age. sales and purchases. 23S ILCS 5/6-16(a);23S ILCS S/6-20* Criminal penalities It is illegal for persons under the age of 21 to buy, for breaking consume, possess and accept delivery of alcoholic underage laws beverages except in the performance of a religious ceremony or under the direct supervision of their parents or person standing in loco parentis in the privacy of a home. a Minimum age for serving and selling 23S ILCS 5/6-16(a)* alcoholic beverages It is illegal for any person,after purchasing alcoholic beverages,to give,sell or deliver alcoholic beverages to a person under the age of 21. -Illinois Liquor Control Ari Illinois Liquor Control Commission(8/94) Page 5 BOOKLET 1 : ILCC Retail Education Project PROOF OF LEGAL AGE Driver's License 235 ILCS 5/6-20' If a licensee, the licensee's The most direct way to prevent the agent or employee believes or service, sale, or delivery of alcoholic has reason to believe that a sale or delivery of any alcoholic beverages to persons under 21 is to require beverage is prohibited because employees to follow a standard practice of the non-age of the prospective recipient,he or she of carefully checking legal documents to shall,before making the sale or verify proof of age. delivery,demand presentation of Lidentification, form of positive If there is any doubt about a containing proof person's age, by law, you must issued by a public officer performance of hischeck identification before you sell, l duties. serve or deliver alcoholic beverages. 27ILCS6-16(a)' ritten evidence of Legal proof ofage and identity in aity is a document iseral,state,county Illinois is a document issued by a or municipal government, or federal, state or municipal subdivision thereof, including but not limited to a motor government. vehicle operator's license, a registration certificate issued under the Federal Selective Service Act or an identification card issued to a member of the Armed Forces. REMEMBER: YOU CAN REFUSE TO SERVE OR SELL ALCOHOL TO ANYONE WHO CANNOT PRODUCE VALID IDENTIFICATION WHICH SHOWS THEY ARE 21 YEARS OF AGE OR OLDER. H11ino4 liquor C-trol Aa Page 6 Illinois Liquor Control Commission(8/94) BOOKLET 1 : ILCC Retail Education Project STANDARD PRACTICES FOR SCREENING AND CHECKING IDENTIFICATION Legal proof of age and identification (ID) presented by the customer must be carefully screened and checked to verify age,identity,and that the document is valid and authentic. 235 ILCS 5/6-16(a)' Any licensee or his/ Be alertfor anyone who attempts to her agent and/or bypass minimum age laws by using a employee, may refuse fake or altered ID,someone else's ID, to sell or serve no ID, their own underage ID or alcoholic beverages to documents that are not legal proof of any person who Is age. unable to produce adequate written evidence of identity and The law gives you the right to refuse to of the fact that he or she serve, sell or deliver alcoholic beverages is 21 years of age or to persons who do not provide you with older. adequate proof of age. REMEMBER: PROHIBITING THE SALE, PURCHASE AND CONSUMPTION OF ALCOHOLIC BEVERAGES BY PERSONS UNDER 21 PROTECTS THE BUSINESS EMPLOYEES FROM POSSIBLE LEGAL ACTIONS AND PROTECTS THE PUBLIC. Illinois liquor Control Commission(8/94) Page 7 BOOKLET 1 : ILCC Retail Education Project Common practices used by licensees to validate IDs: AGE: Check the ID for the birthdate. ♦ Post a sign or chart to identify the cut-off date for 21 (back date 21 years from the current date to show"anyone born after the back-dated month, date,year is not 21"). IDENTITY: Verify that the ID belongs to the person presenting it. ♦ Match picture IDs and descriptions—height, that the second piece of identification be a picture weight,eye color—with the person presenting ID. the ID. ♦ Quiz the person about his or her date of birth, ♦ Require a second piece of identification and address,zip code,county,social security number, cross-check the information. eye color,birth sign,etc.If the person hesitates, ♦ If the ID is a traffic ticket, birth certificate, or gives the wrong answer,do not accept the duplicate ID or another type of ID that can be 1D. easily altered or given to another person,request AUTHENTICITY AND VALIDITY: Examine the legal proof of age to determine if it has been altered or is a fake. ♦ Hold the ID up to the light.Look for crooked a valid ID.Alcoholic beverages should not be lines or changes in the shade or typestyle of served,sold or delivered to anyone presenting lettering. an expired driver's license or state ID. ♦ Touch the surface of the ID to find cut-outs or ♦ Train employees to recognize driver's licenses razor cuts. from surrounding states. Ask the person why • Check the thickness of the plastic coating— he or she is in town and if you notice hesitation, extra layers may mean the information on the ask for more identification.(There are several ID has been altered. publications that show all 50 states' driver's • Check the expiration date.An expired ID is not licenses and IDs.) REMEMBER: WHEN IN DOUBT, CHECK IT OUT! Page 8 Illinois I iquor(onlrul Commission(8/94) BOOKLET 1 : ILCC Retail Education Project Illinois drivers' licenses and State-issued identification cards Secretary of State training On January 1, 1994 the Illinois available Secretary of State's office began Operation Straight ID to issue newly designed driver's provides training to detect fake and false IDs. For licenses and Illinois Identifica- information about this tion cards that make it easier to program, contact the detect underage, fake or altered Secretary of State's office at 1 - 800- 608-0561 . ID's. Operation Straight ID is funded by a grant from the Illinois Department of Transportation. J REMEMBER: ALWAYS CHECK IDENTIFICATION BEFORE SERVING OR SELLING ALCOHOL. Illinois Liquor Control Commission(8/94) Page 9 BOOKLET 1 : ILCC Retail Education Project Illinois driver's licenses and Secretary of State issued IDs have the following details for persons under 21 : New Old (issued after 1/1/94) (issued prior to 1/1/94) Photo appears on a red background shaped like Photo appears on a rectangularly shaped red the State of Illinois background A red bar across the top and bottom of the card SAME UNDER 21 is printed vertically on the right side SAME of the card A hologram of the Lincoln penny and the State NO HOLOGRAM. Instead, the words of Illinois covers part of the picture and birth "Illinois"appear repeatedly in gold in the area date on the ID.This hologram appears when next to the photograph. the ID is tilted to any side. The year of birth also appears as the seventh SAME and eighth digits of the driver's license and state ID numbers.For example,if the driver's license number is P142-455f-2940,the year of birth is 1959.The letter is the same as the first letter of the last name.On the Secretary of State issued ID,the letter of the last name appears at the end of the numbers.In the ID number 0004-60Z-157D,the year of birth is 1974 and the last name begins with"D." If the plastic has been peeled or opened,it will "Polaroid"will not appear. become discolored and the word"Polaroid"will appear in several places. The expiration date for persons under the age SAME of 21 will be three months after the date of the person's 21 st birthday.For persons over 21,the expiration date is the person's birthday. Page 10 Illinois Liquor Control Commission(8194) BOOKLET 1 : ILCC Retail Education Project ADDITIONAL SAFEGUARDS AGAINST } UNDERAGE SALES AND PURCHASES Carefully checking IDs is the most direct way to prevent underage sales and underage consumption of alcoholic beverages,but it is not the only way to protect your business. Examples of additional policies or safeguards used by retail liquor licensees include: ♦ Require ID from everyone who looks 30 for persons under 21 years of age to years old or younger. purchase alcoholic beverages," "It is ♦ Ask the person to sign an affidavit which illegal to give or buy alcoholic beverages > states that he or she is 21 years of age for a person under the age of 21.""False J and compare the signature on the ID with IDs will be confiscated. Police will be the signature on the affidavit. called." ♦ Post warning signs.For example:"This ♦ Use a video camera to record the person establishment checks IDs,"..It is illegal who presents the ID. If local ordinances allow persons under 21 to enter retail establishments: ♦ Check IDs at the door and use ink customers from consuming alcoholic stamping to distinguish legal age beverages. customers from those under the age of 21. ♦ Refuse to sell alcoholic beverages to ♦ Servers and bartenders ask for IDs again anyone who you believe may be before serving alcoholic beverage. purchasing alcoholic beverages to sell or ♦ Use "spotters" to prevent underage give to a person under the age of 21. REMEMBER: YOU CAN REFUSE TO SERVE OR SELL ALCOHOL TO ANYONE WHO CANNOT PRODUCE A VALID ID SHOWING THEY ARE 21 OR OLDER. Illinois Liquor Control Commission(8/94) Page 11 BOOKLET 1 : ILCC Retail Education Project For persons 16 to 20 years old:* ♦ 43 percent of all deaths ♦ This age group is more likely among this age group occur to drink at a faster pace than as a result of motor vehicle older, more experienced crashes. 49 percent of these drinkers and have little deaths involve persons under experience judging self- the influence of alcohol. impairment. ♦ Motor vehicle crashes are the ♦ In 1992, 24 percent of DUI leading cause of death in this arrests in Illinois involved age group. drivers between 16 and 20 years of age. REMEMBER: PROHIBITING THE SALE, PURCHASE AND CONSUMPTION OF ALCOHOLIC BEVERAGES BY PERSONS UNDER 21 IS NOT ONLY THE LAW, IT PROTECTS THE PUBLIC. c vu ,.sraaon ,s❑ nus Fon trok.rev+ Page 12 Illinois Liquor Control Commission(8/94) BOOKLET 1 : ILCC Retail Education Project CRIMINAL PENALTIES FOR BREAKING UNDERAGE LAWS LICENSEES Licensees,employees,persons under the age AND of 21 and members of the general public can be EMPLOYEES charged with criminal offenses for breaking If a licensee or employee Illinois' underage laws. serves, sells, or delivers alcoholic beverages to a For licensees,penalties can also person under 21 years of age, the licensee and include license suspension, employee can be charged revocation,andfines by the local with a criminal offense with and stare licensing authorities. penalties ranging from: 235 ILCS 5/3-12(1)*; A fine of$500 to $1,000; 235 ILCS 5/4-4*; 6 months to one year in jail 235 ILCS 517-5* 235 ILCS 5/6-16(a)' REMEMBER: IT IS AGAINST THE LAW IN ILLINOIS FOR A PERSON TO PURCHASE AND THEN TO SELL, GIVE OR DELIVER ALCOHOLIC BEVERAGES TO A PERSON UNDER 21 YEARS OF AGE. 235 ILCS 5/6-16(a).* '111 Lywrr( —I.Aa r Illinois Liquor Control Commission 18/94) Page 13 BOOKLET 1 : ILCC Retail Education Project MINORS Persons under the age of 21 can be charged with criminal offenses for: ♦ Falsely representing that he or ♦ Purchasing, accepting delivery she is 21 years of age or older in of, or consuming alcoholic order to buy, accept or receive beverages.Penalties can include: alcoholic beverages from a licensee. Penalties can include: .A fine of up to$500 and/or •A sentence of up to •A fine of up to$1,000; 30 days in jail •6 months to 1 year in jail 235 ILCS 5/6-20* 235 ILCS 5/10-1(e)* ♦ Using or possessing a false or ♦ Possessing alcoholic beverages fraudulent ID or using another on streets, highways, in any person's printed or photostatic ID public place or at a place open to purchase,attempt to purchase, to the public with the exception or procure alcoholic beverages. of making a delivery in the Penalties can include: course of employment or upon the order of a parent. Penalties •A fine of not less than$250 and/ can include: or 25 hours of community service, preferably performed •A fine of$500 and/or in an alcohol abuse prevention •30 days to 6 months in jail program. 235 ILCS 5/6-16(a)* 235 ILCS 5/6-16(a)* C "Illinois Liquor C--1 Aa Row 14 Illinois Liquor Conlrol Commission 18'941 BOOKLET 1 : ILCC Retail Education Project 1 MINORS* DRINKING AND DRIVING: ZERO TOLERANCE Under the new Zero Tolerance law(effective on January 1, 1995),minors driving with a blood alcohol concentration(BAC)greater than.00 but less than.10 face 3 months suspension of their driver's license by the Secretary of State and 6 months suspension of the license for refusing to take a BAC test. Subsequent offenses carry a 1-year suspension and a 2-year suspension for failure to complete a blood alcohol concentration test. DUIs If a minor has a BAC of.10 or greater,the person faces criminal penalties for driving under the influence(DUI),including a minimum 2-year loss of full driving privileges,possible imprisonment for up to 1 year,and a fine of up to$1,000. If the minor is convicted of DUI while transporting a person 16 years of age or younger,the penalty includes a mandatory minimum fine of$500 and five days of community service in a program benefitting children. Second and third DUI convictions carry stricter penalties that can include loss of driving privileges from three to six years,fines from$1,000 to$10,000, and possible imprisonment from one to three years.A third conviction is a Class 4 felony offense. *Under the description of the Zero Tolerance legislation. the term"minor"refers to persons under 21 vears of age. Illinois Liquor Control Commission(8/94) Page is BOOKLET 1 : ILCC Retail Education Project GENERAL PUBLIC The general public can be charged with criminal offenses regarding alcohol. ♦ Penalties for purchasing or ♦ Penalties for renting a hotel or otherwise obtaining alcoholic motel room or facility with the beverages, giving, selling or knowledge that persons under delivering them to a person under the age of 21 will be using the 21 years of age (except in the room for the purpose of performance of a religious consuming alcoholic beverages ceremony)can include: can include: •A fine of up to$500; •A fine of not less than$500 -30 days imprisonment f and up to$1,000; 235 ILCS 5/6-16(d)* •Up to 6 months in jail 235 ILCS 5/6-16(a)* In addition: if the person under 21 using the hotel room becomes ♦ Penalties for providing false or intoxicated and causes injuries to fraudulent written or printed another person or property, the person renting the hotel room may identification to a person under be held responsible for the damages 21 years of age can include: caused. •A fine of up to$1,000; 235 ILCS 5/6-21(a)* •6 months to one year imprisonment 235 ILCS 5/6-16(a)* C *Illinois liquor Coniml An ftV 16 Illinois tquor control Commission(8194) BOOKLET 1 : ILCC Retail Education Project MINIMUM AGE FOR SELLING AND SERVING ALCOHOLIC BEVERAGES By Illinois law, no person under the age of 18 may sell OR deliver alcoholic beverages as part of their employment duties. Unless prohibited by local law,persons between the ages of 18 and 21 may be allowed to sell,serve and deliver alcoholic beverages(235 ILCS 5/4-1*:Atty Gen. Op. No. S-671). Please note: State-licensed BASSET (Beverage Alcohol Seller Server Education and Training) programs cover methods to help prevent illegal sales to minors. For a list of BASSET programs, please write or call the Illinois Liquor Control Commission at: 100 West Randolph Suite 5-300 Chicago, IL 60601 312/814-1806; TDD 312/814-1844. 'lllinni.Gqunr Canin.l A.r Illinois Liquor Control Commission(8/94) Page 17 BOOKLET 1 : ILCC Retail Education Project Notes C Page 16 Illinois Liquor Control Commission(8/94) 1 Acknowledgments l The information contained in this booklet has been compiled pursuant to J 235 ILCS 5/3-12(11) and obtained from various sources, including: the Beverage Alcohol Seller and Server Training curriculum, Illinois Depart- ment of Transportation and the National Highway Transportation Safety Administration. The Illinois Liquor Control Commission expresses thanks to Prevention First,Inc.for their assistance in the development and design of this booklet and the facilitation of the review process. Please note:Due to legislation, rule revisions, and where applicable, research re- sults,the information in this booklet may be subject to change. J �llilinis Liytlnr Cit 111/1'(11 TheProject Retail Education� Booklet 2 : Responsible Serving and Selling Presented bv: Illinois L iyum Cmiml Gnulnssum Albert D.McCoy STATE OF ILLINOIS Don W.Adams chairman Jiro Edgar James M.Hogan John M.(Jack)Dorgan Governor John K.Kneafsey Executive Director Irving J.Koppel ILLINOIS LIQUOR CONTROL COMMISSION Commissioners 100 West Randolph.Suite 5-300 Chicago,Illinois 60601 (312)814.2206 TDD:(312)814.1844 Dear Liquor Licensee, The Illinois General Assembly called for the Illinois Liquor Control Commission(ILCC)to create a Retail Education Program. The idea for the program evolved from discussions with representatives from local governments,the alcohol beverage industry and citizen groups. As part of the ILCC Retail Education Program,the Commission is pleased to present informational booklets covering topics of concern to all of tis. This booklet,entitled"Responsible Serving and Selling,"clarifies current laws and highlights accepted industry practices related to this subject. The booklet can be copied,distributed and discussed with your staff and has been designed to fit into a three- ring binder. It is intended as a supplement,not substitute,for other training programs,including state-licensed BASSET(Beverage Alcohol Sellers and Servers Education Training)programs. The Commission encourages retail licensee and employee participation in BASSET programs.BASSET offers intensive training and practice exercises in preventing underage sales and purchases and the responsible sale and service of alcohol. For more information about BASSET programs in your area,please call the ILCC's Education Division at 312/ 814-2206. Enclosed with this mailing is a form for your comments,questions and ideas. We would appreciate it if you would take the time to complete the form and return it to us. Your comments will give us direction for developing materials that address your concerns and questions. In closing, we recognize the important role your industry has taken in the responsible sale and service of alcohol as well as its contribution to the economic vitality of this State. The ILCC hopes this booklet will serve as a resource for you and your employees. If you have any questions,please do not hesitate to call. Sincerely, jJohn M.(Jack)Dorgan Executive Director BOOKLET 2: ILCC Retail Education Project RESPONSIBLE SERVING AND SELLING National, state and local governments, as well as the alcohol beverage in- dustry,have made great strides in addressing responsible service and sales. Progress has been made in keeping intoxicated persons off the road and low- ering the number of injuries due to intoxication. In the front line position, you play an important role in ensuring: RESPONSIBLE SERVING AND SELLING. Serving and selling alcohol responsibly: ♦ Protects your customers ♦ Protects your business. ♦ Protects the public. ♦ Protects you. Illinois Liquor Control Commission(8194) Page 5 BOOKLET 2: ILCC Retail Education Project IAfter reading this module, you will be able to identify key points related to the following topics: � The Illinois Liquor Control Act and This booklet highlights some of f Dram Shop Liability. the methods retailers can use to ` � How alcohol affects prevent problems from occurring. the body and Blood Alcohol We hope it will serve as a reference j Concentration(BAC). guide for your daily use and for 11 Retailer prevention You to share with your employees. strategies ' i Happy Hour legislation. r c Page 6 Illinois Liquor Control Commission(8/94) BOOKLET 2: ILCC Retail Education Project THE LIQUOR CONTROL ACT r 235 ILCS 5/6-16 (a) No licensee, nor any of- ficer, associate, member representative, agent or Early on employee of such licensee shall sell,give or deliver al- coholic liquor to any per- At the end of Prohibition,each state set up an son under the age of 21 alcohol beverage control agency to regulate the years,or to any intoxicated manufacture,distribution and retail sale and ser- person ... viceof alcohol. 235 ILCS 5/6-21 (a) Every person who is in- In Illinois,this led to the passage of the Dram jured within this State, in Shop Act(now named the Illinois Liquor Con- person or property,by any trol Act)which established the Illinois Liquor intoxicated person, has a Control Commission(ILCC)as its alcohol bev- right of action in his or her own name, severally or erage control agency. jointly, against any per- son, licensed under the laws of this State or of any Dram Shop Liability other state to sell alcoholic liquor,who, by selling or giving alcoholic liquor Even before Prohibition, Illinois law held li- ;thin or without the ter- quor establishments liable for selling alcohol ritorial limits of this State, to an intoxicated person when damages or inju- causes the intoxication of ries were caused by that person. such person. REMEMBER: IT IS ILLEGAL TO SERVE OR SELL ALCOHOL TO AN INTOXICATED PERSON. Illinois Liquor Control commission(8/94) Page 7 BOOKLET 2: ILCC Retail Education Project If an intoxicated person causes injury or damage, establishments are held responsible ♦ The first person or place to serve the intoxicated person alcohol may be held as liable as the last person or place to serve or sell that person al- cohol. ♦ Legal actions against establishments for damages caused by intoxication • may cost you $40,000 for recovery of loss of means of support for injury or death in addition to $30,000 for injury to the person or property, according to the Dram Shop provisions of the law. 235 ILLS 5/ 6-21(a)* REMEMBER: IT IS IMPORTANT FOR EVERYONE TO TAKE A COORDINATED APPROACH TO THE RESPONSIBLE SERVING AND SELLING OF ALCOHOL. •111inois liquor Conrrol Act Page 8 Illinois Liquor Control Commission(8/94) - BOOKLET 2: ILCC Retail Education Project HOW ALCOHOL AFFECTS THE BODY AND BLOOD ALCOHOL CONCENTRATION (BAC) • It is important to know that, No matter what the size in general: and body type of a person, 1 oz of alcohol = the average body can only J 1-12 oz break down 1 oz.of alcohol mug or bottle per hour. of beer. The more alcohol someone drinks 1-4 oz glass of wine. beyond 1 oz. in an hour, the more quickly their blood alcohol concen- tration(BAC)will rise and the more 1-2.5 oz of quickly they will become intoxi- 80 proof liquor. cated. 1-2 oz of 100 proof liquor. Illinois Liquor Control Commission(8/94) Page 9 BOOKLET 2: ILCC Retail Education Project C Understanding blood alcohol concentration IDOT stated (BAC)and the effects that alcohol has on a per- effects on the body son can help in serving and selling responsibly. as BAC rises BAC is the amount of alcohol found in a .02 The area of the brain that person's bloodstream and is used to determine controls a person's inhibitions is legal intoxication. affected. .055 A person may slur their speech, or not make much sense I ♦ In Illinois, the BAC at which while talking. someone is legally intoxicated is 0.10.625 ILCS 5111-501(a)** i .08 Motor skills and reaction times will be slow. Judgment and coordination are affected. According to the Illinois Department of Trans- portation Blood Alcohol Chart, 1992, the ef- .�0 Legally Intoxicated! Cannot ' fects of alcohol can be seen in most people be drive safely' fore their BAC reaches.10. REMEMBER: THE BODY CAN ONLY ELIMINATE 1 OZ. OF ALCOHOL PER HOUR.*** ••111-ia Whid,Code •••Ame—Medical Asso Wi- Page 10 Illinois Liquor Control Commission(8194) BOOKLET 2: ILCC Retail Education Project Quick facts: Alcohol's effects on How quickly alcohol enters the bloodstream,affecting a person's the body BAC,is directly related to: ♦ Alcohol enters the bloodstream • Their body size and weight quickly. ♦ What they are drinking ♦ Within 5 minutes of drinking 1 oz. • The speed at which they drink • The amount of time that passes of alcohol, the BAC of a person can as they drink be accurately measured. • How much they have or have ♦ The more someone drinks,the higher not eaten their BAC will go. • Other considerations such as medications taken,age,etc. ♦ Ninety five percent (95%) of alco- • Their mood hol enters the bloodstream from the • Exhaustion l stomach and small intestine. J Be aware Myths about Be aware of how much you serve your cus- alcohol. tomer and look for behavior changes as they drink. (D Coffee will NOT sober up a person. ♦ Once alcohol enters the blood A shower will NOT stream,the passage of time is the on/i, wav to eliminate alcohol sober up a person. front the body. D Fresh air and a walk will NOT sober up a person. Illinois Liquor Control Commission(8194) Page 11 BOOKLET 2: ILCC Retail Education Project Although the effects of alcohol are influenced by many factors, three are key: • The amount of alcohol a person consumes •The number of hours he or she has been drinking ♦ Body weight EFFECTS OF ALCOHOL ON THE BODY Approximate blood alcohol percentage Drinks Body weight in pounds 1 hour 100 120 140 160 180 200 220 240 Presumed 1 .04 .03 .03 .02 .02 .02 .02 .02 Sober 2 .08 .06 OS OS 04 .04 .03 .03 3 .11 .09 .08 .07 .06 .06 .05 .05 Under 4 .15 .12 .11 .09 .08 .08 .07 •06 the 5 .19 .16 .13 .12 .11 .09 .09 .08 influence 6 .23 .19 .16 .14 .13 .11 .10 .09 7 .26 .22 .19 .16 .15 .13 .12 .11 8 .30 .25 .21 .19 .17 .15 .14 .13 Intoxicated 9 34 .28 .24 .21 .19 .17 .15 .14 "Per Se" 10 .38 .31 .27 .23 .21 .19 .17 .16 Subtract .01%for each 40 minutes of drinking. One drink is 1 oz.of 100 proof liquor, 1.25 oz. of 80 proof liquor, 12 oz. of beer, or 4 oz. of table wine ADAPTED FROM:ALCOHOL COUNTERMEASURES PROGRAM OF THE DISTRICT OF COLUMBIA NOTE:The BAC in the table is an estimate only. /t is not accurate enough to be used for legal purposes. Page 12 Illinois Liquor Control Commission(8194) BOOKLET 2: ILCC Retail Education Project Important facts to remember: ♦ A small person,in general,can- ♦ Carbonated mixers like soda, not drink as much alcohol as a tonic and pop will speed large person. alcohol absorption into the bloodstream. ♦ Body fat does not absorb alco- hol. Someone with higher ♦ Some medications can add to amounts of fat versus muscle the effect of alcohol and in their body will become in- increase the speed that toxicated more quickly. alcohol enters the blood stream or BAC. This is ♦ Because women generally have especially true for people a higher fat and water content taking cold medications J in their bodies than men, they (antihistamines),tranquilizers tend to become intoxicated (valium) and many other more quickly than men. drugs. ♦ The faster a person drinks, the ♦ Food can slow down the faster BAC will rise. absorption of alcohol into the bloodstream. ♦ BAC can continue to rise after a person has stopped drinking. ♦ A customer's mood can also This is especially true for the affect the rate at which person who drinks very alcohol enters the quickly. bloodstream. For example,if the person is upset, annoyed, ♦ Alcohol can interact with or stop tired or depressed, alcohol a medication from working. will enter the bloodstream faster. Illinois Liquor Control Commission(8/94) Page 13 iecnnlques for responsible selling and serving Talk with your customers to try to detennine how much alcohol they BOOKLET 2: ILCC Retail Education Project WHAT CAN YOU DO TO AVOID PROBLEMS? To prevent problems from occurring, take action before a -- --- --- situation develops or gets out of For off-premise and on- premise locations, it is control. ! often the person who has been drinking before ar- f The purpose is to prevent in- riving at your establish- toxication by serving and ment that presents the selling alcohol responsibly. most difficult challenge. Remember the following: Don't sell alcohol to persons Have a policy and a plan in place for you I who appear to be intoxicated and your employees to follow which shows ' Try to stop people who are how to prevent problems from occurring and in- toxicated from leaving your lo- covers how to handle situations as they arise. cation and getting back on the Many establishments contact local law en- road. forcement when developing their policy and plan of action. REMEMBER: TRY TO PREVENT THE INTOXICATED CUSTOMER FROM DRIVING AND PI/TTINC THFMCFI VFC nv nrucvc AT o.cV BOOKLET 2: ILCC Retail Education Proiect You are allowed to: ♦ Sell to two or more persons special entertainment not regu- pitchers,carafes or bottles of al- larly scheduled. coholic beverages that are usu- ally sold in that manner. ♦ Negotiate specially priced drinks as part of a contract between a ♦ Offer free food or entertainment. hotel or multi-use establishment and a group for holding any ♦ Include alcoholic beverages as function,meeting,convention or part of the price of a meal pack- trade show. age. ♦ Provide room service to persons ♦ Increase drink prices in lieu of a renting hotel rooms. cover charge to offset the cost of REMEMBER: VIOLATION OF THE HAPPY HOUR LAW IS GROUNDS FOR FINING THE LICENSEE, OR SUSPENDING OR REVOKING AN ESTABLISHMENT'S LICENSE. Page 20 Illinois liquor Control Commission(8/94) _ Illinois Liquor The Control Retail Commission Education Project Booklet 3 : Complying with the Illinois Liquor Control Act Presented by: Jllinois Liquor Control Commission Albert D.McCoy STATE OF ILLINOIS Don W.Adams Chairman Jim Edgar James M.Hogan Arabel Alva Rosales Govemor John K.Kneafsey Executive Director Irving J.Koppel ILLINOIS LIQUOR CONTROL COMMISSION Commissioners 100 west Randolph.Suite 5-300 Chicago.Illinois 60601 (312)814-2206 TDD:(312)814.1844 June 1995 Dear Liquor Licensee: As part of the Illinois Liquor Control Commission(ILCC)Industry Education Program,the Commission is pleased to present this informational booklet entitled,"Complying with the Liquor Control Act"developed in response to requests received from licensees throughout the past year.Those requests indicated the importance placed on compliance by members of the alcohol beverage industry. This booklet is intended as a reference and resource manual to facilitate compliance and prevent violations.It contains general information about the Illinois Liquor Control Commission,the local liquor licensing authority, and inspection and enforcement processes.Essentially,the booklet represents an easy-to-read compilation of the provisions of the Illinois Liquor Control Act and rules.A checklist appears at the end of each section;each list summarizes the requirements for compliance and is designed as a self-inspection tool.The booklet can be copied,distributed,and discussed with your staff and has been designed to fit into a three-ring binder. Also enclosed with this mailing is a form for your comments,questions,and ideas.We would appreciate it if you would take the time to complete the form and return it to us.Your comments will give us direction for developing new materials that address your concerns and questions. Overall,the industry deserves commendation and recognition for achieving compliance with the Act as a matter of standard business practice as well as for your important contribution to the economic vitality of this state.The ILCC hopes this booklet will serve as a resource for you and your employees. If you have any questions after reviewing this booklet,I encourage you to call the Commission at 312/8142206. Sincerely, Arabel Alva Rosales Executive Director BOOKLET 3: ILCC Retail Education Project COMPLYING WITH THE ILLINOIS LIQUOR CONTROL ACT The Illinois Liquor Control Act states that: A liquor license in the State of Illinois is a privilege and not a right. Each licensee is obligated, as part of their privilege,to comply with the Illinois Liquor Control Act, and the Rules and Regulations of the Illinois Liquor Control Commission. This booklet*gives you the basics for compliance with selected parts of the Illinois Liquor Control Act,its rules and regulations.The Illinois Liquor Control Commission(ILCC)developed this booklet as a reference guide to assist your efforts to comply with the Act. The Illinois Liquor Control Commission hopes that providing the following information will help you eliminate violations. Violations can result in costly penalties, including: ♦ Fines ♦ Suspension of State liquor license ♦ Revocation of license ♦ Non-renewal of license ♦ Possible legal fees ♦ Lost sales REMEMBER: It is to your advantage to know the laws stated in the Illinois Liquor Control Act and to comply with them. The information in this booklet has been compiled pursuant to 235 ILCS 5/3-12(/1)and is contained in the Illinois Liquor Control Act,235 ILCS 5/1 et seq.and Illinois Rules and Regulations,Illinois Administrative Code Title 11,Lottery.Horse Racing,Liquor,Subtitle A,Chapter 1. Illinois Liquor Control Commission(6/95) Page 5 BOOKLET 3: ILCC Retail Education Project While this booklet does not cover The information in this every aspect of the Act, the subjects booklet is intended to included reflect those that the ILCC provide considers most serious;the violations An overview of: The Illinois Liquor found most often during site Control Act The ILCC inspections;and,those that cause the Local Liquor 1 F41 Commissions most confusion. The State Liquor License A description/explanation of: It should also be noted that the Act ILCC Premise Inspection and rules may change and it is your Enforcement Complaint responsibility to know and comply Investigation with all provisions of the law. Compliance of the act through: Ensuring qualifications for licensure are met * =,' Discussing provisions that protect the public Review (Copies of the Illinois Liquor Control Act Reviing"Tied House" and"Of Value" and Rules and Regulations are available provisions from the ILCC. In addition, changes to the law and rules are summarized in the Also included at the back of this publication is a glossary of terms for Commission's newsletter which is mailed to use as reference while reading this even,licensee on a quarter/Y basis.) booklet. Page 6 Illinois Liquor Control Commission 161951 BOOKLET 3: ILCC Retail Education Project Overview : The Act, ILCC, Local Authorities, State License ;41 The following section provides descriptions of the Illinois Liquor Control Act(the Act), its Rules and Regulations (Rules), the Illinois Liquor Control Commission's (ILCC's)structure and duties,and the powers of local liquor license authorities. ILLINOIS LIQUOR CONTROL ACT The stated purpose of the Illinois Liquor Control Act is to protect the health,safety and welfare of the people of Illinois and foster temperance in the consumption of alcoholic liquors through the sound and careful control and regulation of the manufacture,distribution,and sale of alcoholic beverages.235 ILCS 5/1-1 et seq.' Generally, the requirements of the Act can be categorized as provisions that: A. Ensure qualifications for licensure are met. The Act and Rules provide guidance regarding the issuance of a liquor license: •All Illinois business taxes due must be paid •A State liquor license cannot be issued to individuals •Full disclosure of ownership and changes thereof convicted of a felony,pandering,keeping a house of must be on record ill fame,gambling offenses,or to public officials and •Retail licensees must have a current local retail law enforcement agents of the jurisdiction where the liquor license license would be issued,etc. B. Protect the public safety. The Act and Rules give the ILCC authority to ensure the public is protected and alcoholic liquor is sold and served responsibly: •The minimum age to purchase and consume glasses must measure a minimum of one(1)ounce alcoholic beverages is 21 •No bottles are allowed to contain contaminated alcoholic • Happy hours are prohibited liquor • Intoxicated persons cannot be sold alcoholic •Cleaning requirements for beer,wine and mechanical beverages pre-mix dispensing systems are specified •Bottles of alcoholic liquor cannot be refilled •Licensed premises(public areas,bathroom areas,storage •Taps must indicate the brand dispensed and shot areas,etc.)must be kept clean and in sanitary condition •Alcohol pregnancy warning signs,etc.,must be posted •Illi—Ilq—Contin A. Illinois Liquor Control Commission(6195) Page 7 BOOKLET 3: ILCC Retail Education Project C. Maintain the independence of the "three tiers"(retailer,distributor, manufacturer). The Tied House provisions of the Act and Rules prohibit distributors and manufacturers from giving retailers inducements to purchase other than their product's price and quality. This prevents relationships where a retailer is "tied"to a manufacturer or distributor to the exclusion of other brands or where a manufacturer or distributor discriminates in favor of one retailer over another. The ILCC enforces provisions which forbid a manufacturer or distributor from gaining an interest in a retail liquor license, such as: •30-day liquor purchase credit law and cash beer • Prohibitions against manufacturers and distributors law for retailers providing goods or services considered"of value"to •Indoor and outdoor signage requirements,etc. the retailer THE ILCC The Illinois Liquor Control Commission(ILCC) was established to regulate and control the sale, distribution and manufacture of alcoholic liquor by issuing licenses according to requirements established by the Act. To ensure compliance and to enforce the Act,the Commission is empowered to inspect licensed premises including examination of liquor invoices,and financial books and records.If violations are found,the Commission can impose fines,or suspend,revoke,or not renew licenses. The Commission is comprised of a Chairman and four Commissioners appointed by the Governor.An Executive Director oversees the ILCC staff which is divided into the following functional divisions: licensing, investigations, legal, education, administration and fiscal. THE LOCAL LIQUOR COMMISSION By law,the local liquor commissioner is the Mayor or President of the Board of Trustees of a city, town, or village, or in unincorporated areas, the President or Chairman of the County Board. Because Illinois is a dual licensing state, retailers must first be licensed by the local licensing authority in order for the Commission to issue a State of Illinois Retailer's Liquor License. REMEMBER: The local liquor license authority has the power to enforce local ordinances and the Illinois Liquor Control Act. Page 8 Illinois Liquor Control Commission(6/95) BOOKLET 3: ILCC Retail Education Project Thus, local liquor commissioners: •Determine the number,kind,and classification •Determine whether anyone under age 21 can be of retail licenses on the licensed premises and if a person under •Set the hours of operation,and whether alcoholic 21 years of age,but over 18 years of age,can be liquor may be sold on Sunday employed to serve,sell,or deliver alcoholic •Establish license fees beverages •Establish further regulations and restrictions •Impose fines,suspend or revoke licenses for applicable to local licensees consistent with the violations of local and state laws, as well as Act provisions of the Illinois Liquor Control Act •Investigate an applicant before issuing a local •Inspect licensed premises and examine licensee's license or license renewal and require a financial books and records to determine fingerprint check compliance with applicable local and state law Appeals After conducting a formal hearing,the local liquor commissioner can decide to impose fines,suspend or revoke licenses for a violation(s)of local,state, and federal laws and the Illinois Liquor Control Act. However,the licensee may appeal this decision. The Illinois Liquor Control Commission hears appeals of JQ.QW liquor commissioners' decisions for jurisdictions with populations under 500,000. In Chicago,local decisions may be appealed to the Chicago License Appeal Commission(two ILCC commissioners also sit on the Chicago License Appeal Commission). THE STATE LIQUOR LICENSE A state liquor license grants a business the privilege to sell,distribute,or manufacture alcoholic beverages as long as the business operates in compliance with all applicable state and federal laws, rules and regulations and,most specifically,the Illinois Liquor Control Act.Also,the Illinois Liquor Control Act includes specific provisions related to Illinois tax laws. Failure to comply with these laws can result in fines,or license suspension or revocation. Illinois Liquor Control Commission(6195) Page 9 BOOKLET 3: ILCC Retail Education Project Action Steps: Inspection, Enforcement, Investigation f) ILCC PREMISE INSPECTION To ensure compliance,the ILCC conducts inspections of licensed premises. A premise,or place of business,means the place or location where alcoholic beverages are manufactured,stored,displayed, and offered for sale, or where drinks containing alcoholic beverages are mixed,concocted,and served for consumption. The inspection can occur at any time within reason during the licensee's hours of operation. The Inspection Process 4 After entering the premises, the agent must display official identification which consists of an identification card and a badge.The agent will ask to see the licensee or the person designated in charge. 4 I a licensee or employee refuses to allow an ILCC premisesFduringan tice inspection to take place,the Commission may fine a license holder orOf have a license suspended or revoked. ation tions are found 4The licensee or person in charge should accompany the agent during ection,the agent the entire inspection to answer questions and to provide explanations provides the licensee with a or clarifications.The inspection progresses from public areas to storage "Notice of Violation" which areas and includes an examination of books and records. The ILCC identifies each alleged agent uses a"Field Report"to guide the inspection process.However, infraction. This same form also the inspection may cover any and all aspects of the Illinois Liquor provides space,if necessary,for Control Act whether or not they are listed on the form. the agent to inventory the number of bottles containing +If the agent finds a violation(s),he or she will inform the licensee of contaminated liquor that were The violation(s)and provide information on how to correct or prevent disposed of during the the violations)from recurring.Thus,the agent's role is to explain the inspection and a list of property violation as well as report it. confiscated.This form may also serve as a notice to produce -After the inspection is completed,the agent will ask the licensee or financial books and records at a person in charge to sign the Field Report form and include the date and designated date and time. time.The signature verifies that the inspection occurred and that the agent communicated the findings.The agent gives a copy of the signed and completed form to the licensee or person in charge prior to leaving the premises. Page 10 Illinois Liquor Control Commission(6/95)- BOOKLET 3: ILCC Retail Education Project ENFORCEMENT After reviewing each Field Report form,the Investigations Division submits those with a "Notice of Violation"for administrative review and evaluation. Based on the nature of the violation,the number of violations,and the licensee's history of violations,ILCC's Legal Division institutes an Administrative Review Process to determine the appropriate action to be taken. The licensee may receive a dismissal letter,a warning letter,an offer-in-compromise letter,a notice for pre-disciplinary conference,or a citation for a hearing before the Commission. Failure to respond to Commission correspondence, including an offer- in-compromise letter or a notice for pre-disciplinary conference, may result in a citation and notice of hearing. COMPLAINT INVESTIGATION The Commission initiates an investigation of each complaint it receives. The investigation may require a full or partial premise inspection. The Commission refers complaints of a criminal nature (i.e., illegal underage purchases and sales, illegal gambling, etc.) to law enforcement authorities as well. Violations will be issued for any complaints substantiated by evidence. Levels of enforcement A Dismissal Letter will be sent if the violation is unfounded, factors.At the end of the proceedings,a recommendation unwarranted,or is not supported with sufficient evidence. for settlement, generally an amount for the offense plus A Warning Letter is just that—a warning.It indicates the administrative costs,is made.The Commission sends a Pre- Commission will not take further action;however,a copy Disciplinary Conference Settlement Agreement to the of the letter is kept in the licensee's file.A warning is usually licensee. Payment or a"Request For A Hearing"must be issued for easily correctable and less serious offenses. received by the Commission within 14 days after receipt of An Offer-In-Compromise—essentially a settlement— such an agreement.If a hearing is requested,the Commission requires the licensee's response within 14 days.The licensee notifies the licensee of the date,time,and location of the may either pay a designated amount or request a Pre- Commission hearing. Disciplinary Conference.An Offer-in-Compromise is issued The ILCC Commission Hearing, similar to a court for violations considered more serious,a repeated history of proceeding, is held for the most severe violation(s)and the same violation,or in instances where multiple violations repeated offenses of the Illinois Liquor Control Act. In a have occurred. hearing, the Commission decides whether to suspend or At the Pre-Disciplinary Conference,the ILCC legal staff revoke the State liquor license. In addition, the licensee explains the notice of violation(s)to the licensee and provides maybe subject to a fine of up to$500 per day,or a maximum substantiating evidence. The licensee has the opportunity of$20,000 for each violation. to explain the circumstances and present any mitigating REMEMBER: The ILCC agent reports the violation, but does not determine what enforcement action the Commission will ultimately take. Illinois Liquor Control Commission(6195) Page 11 BOOKLET 3: ILCC Retail Education Project Compliance: Qualifications, Protections, Review [A The information in this section provides explanations of provisions of the Illinois Liquor Control Act,and ILCC Rules and Regulations. The information is intended as a guide to compliance. QUALIFICATIONS FOR LICENSURE Specific qualifications must be met to be eligible for licensing under the Illinois Liquor Control Act. ♦The State liquor license applies only to the you must contact the Commission prior to the premises specified on the license and only to expiration date on the license. those owners listed on the license application. The current State license must be"framed and ♦ All information required for licensure is hung in plain view in a conspicuous place on required to be accurate and up-to-date. This the licensed premises." includes the mailing address,phone number, business name, and ownership information, ♦The State liquor license is non-transferable including officers and investorststockholders with to another person or entity: more than a 5%interest in the business.You must •If you sell your business,your license will notify the Commission within 30 days of changes. not transfer to the new owners even if the location remains the same. ♦ An underlying requirement for obtaining a •If you change the type of business:i.e.,sole State liquor license is that a current,local liquor proprietor to corporation,you must also apply license has been issued. for a new license. • If you move your premises from one ♦ All Illinois business taxes due must be paid. location to another,you may request in writing The Act provides that the Commission may that the State Commission and local license refuse to renew or may revoke an Illinois liquor authority permit the license to be removed from license for non-payment of Illinois business the abandoned premises and endorse the license taxes. The Illinois Department of Revenue to the new premises. notifies the Commission if and when such action is required. ♦The license must be current,not expired.Your State license must be renewed each year.The ♦ Operating without a valid license can result ILCC sends renewal notices at least 45 days in in a fine of up to$1,000 for the first offense, advance of the expiration date. If, however, and a Class 4 felony for subsequent offenses, you do not receive an application for renewal, and carnes penalties from one to three years Page 12 Illinois Liquor Control Commission(6/95) BOOKLET 3: ILCC Retail Education Project imprisonment and fines from$10,000 to$50,000 cash receipts, cash disbursements for for corporate offenders. merchandise purchases,cash disbursements for operating expenses and other expenses reflecting •All required local,state and federal documents, the licensee's gross profit,net profit or loss,and including the Illinois BusinessTax certificate and the individuals sharing directly or indirectly in the Federal occupational tax stamp, must he the net profit or loss available upon request. •Cash on hand and cash in the bank •Bank statements and cancelled checks on file • In conjunction with Illinois Department of Revenue requirements,cigarette packages will • Legal documents that disclose those persons be checked for proper revenue stamps and or companies who have a beneficial interest in cigarette vending machines for the required the business must be made available upon Illinois Department of Revenue certificate. request.These documents may include contracts Amusement devices will be checked for State for sale, contracts of purchase, mortgage revenue stamps as well. indebtedness, evidence of original capital investment,funding sources,agreements for profit • Financial books and records for a period of sharing,all stockholders of record,and articles three years must be available upon reasonable of partnership. notice.These include: •Cash receipts from all sources • Liquor invoices must be kept on the licensed •Cash disbursements for operating expenses premises for a period of 90 days unless you have including rent, salaries,electricity, heat, and applied for and received a"90-day waiver."The payroll and tax records(Disbursement records 90-day waiver allows you to keep invoices at a must show to whom payment was made and for central business office location in Illinois; what purpose). however,a copy of the approved waiver must •Monthly or quarterly statements disclosing be kept on the licensed premises. Checklist for Compliance Qualifications for Licensure /n order to comply with the Act,licensees should be able to answer"yes"to each of the following questions: 1.Is your State liquor license displayed? 2.Is your local liquor license available? 3.Is your Illinois Business Tax certificate available? 4.Do you have your federal occupational tax stamp? 5.Do you have,on your premises,invoices for all liquor purchases within the last 90 days,or have you applied for a 90-day waiver? 6.Are your books and records available for inspection at an Illinois location? 7.Have you complied with all aspects of the Illinois Revenue Act and are your State business taxes paid? 8.Do cigarette vending machines have the required revenue certificate attached? 9.Are revenue stamps affixed to all coin operated amusement devices? 10.Do cigarette packs have proper revenue stamps? Illinois Liquor Control Commission(6/95) Page 13 BOOKLET 3: ILCC Retail Education Project PROVISIONS TO PROTECT THE PUBLIC In general,these provisions establish appropriate standards for the condition of the premises,equipment and products;guarantee that the consumer receives the product purchased; and, promote the responsible sale and service of alcoholic beverages. The Premises The entire licensed premises must be kept in a clean and sanitary condition at all times.This includes public areas,storage areas and offices,restrooms,and dispensing systems for draught beer,wine or pre-mixed alcoholic beverages.Further,any access to living quarters must be secured at all times. Cleaning of Dispensing Equipment Draught beer and wine dispensing equipment Draught beer and wine dispensing equipment must be cleaned at least one time per week by either chemical or mechanical means.Cleaning by steam or hot water alone does not fulfill this requirement.Records of the weekly cleaning must be signed by the person who cleaned the systems and indicate the date on which the cleaning occurred. A manufacturer or distributor is not allowed to perform this cleaning for the retail licensee unless the manufacturer/distributor receives fair market value payment for these services. Pre-mix alcoholic beverages All pre-mix alcoholic beverage mechanical systems must be cleaned weekly by chemical or mechanical means.Records of weekly cleaning must be signed by the person who cleaned the systems and indicate the date on which the cleaning occurred. The contents of a pre-mix system and dispensing containers must be drained and disposed of on a weekly basis. Shot glasses and automatic dispensing units Shot glasses for un-mixed alcohol must measure a minimum of at least one ounce. This one-ounce minimum also applies to automatic dispensing systems. Page 14 Illinois Liquor Control Commission(6/95) BOOKLET 3: ILCC Retail Education Project Bottles and Containers of Alcoholic Liquor 7different le testing 1 Aline ay conduct tests A retailer is not allowed to refill original ate whether bottles packages(i.e.,bottles,cans,kegs,etc.)with the refilled with a same or different brand, type, or kind of rand of alcoholic test requires that a alcoholic liquor,water or any other substance. tle be used as a Original packages of alcoholic liquor on retail "control"bottle for comparison premises must only contain the contents of the purposes. Results of the initial package as corked or capped, sealed, and test are verified by further labeled by the manufacturer. formula testing by authorized laboratories. The licensee will be provided with an inventory No licensee shall sell,possess,or use any list of the bottles confiscated package or container of alcoholic liquor further testing. which does not have the original label affixed by the manufacturer. Condition of Bottles During an inspection,the agent examines bottles of alcoholic liquor.All bottles,casks,or other containers of alcoholic liquor must be kept clean and free from contaminated,deleterious, filthy,putrid substances,as well as insects,glass,cork,etc.If contaminated alcoholic liquor is found, the agent may require the bottle and its contents be destroyed or that the bottle be confiscated.A record of the number of bottles,containers,or casks will be provided to the licensee. If contaminated,the contents and bottle,cask,or container must be destroyed. Taps and tap handles Retailers must purchase alcohol dispensing equipment (i.e. taps). A distributor or manufacturer may provide tap handles limited to the current indoor signage limit. If malt beverages or wine are sold on draught,the specific brand dispensed must be identified by a sign on or near each tap or faucet.The sign must be visible to patrons for a distance of at least ten feet.No other brand of malt beverages or wine may be used in place of the brand designated by the sign. Availability of Advertised Brands The brands of malt liquor and wine identified by interior sign(s)must be available to be sold and served. Illinois Liquor Control Commission(6/95) Page 15 BOOKLET 3: ILCC Retail Education Project Warning Signs Illinois requires consumer warning signs he posted"at retail establishments that sell alcoholic beverage products,tobacco,and tobacco-related products. These signs must be prominently posted in establishments where such products are sold,or penalties will be imposed.Tobacco warning signs must be printed with red letters at least one-half inch tall on a white background. Alcohol Signage for the sale of alcoholic beverages: "Government Warning: According to the Surgeon General,women should not drink alcoholic beverages during pregnancy because of the risk of birth defects." This sign must not be larger than 8V x 11"and is also available for display in Spanish. i I Tobacco Signage for the sale of tobacco: "Surgeon General's Warning:Smoking by pregnant women may result in fetal injury, premature birth, and low birth weight." Tobacco Accessories Signage for the sale of tobacco accessories: "Sale of Tobacco Accessories and Smoking Herbs to Persons Under 18 Years of age or the misrepresentation of age to procure such a sale is prohibited by law." (Tobacco accessories include cigarette papers, pipes,etc.) REMEMBER: If you need signs, please write or call the ILCC, 100 West Randolph, #5-300, Chicago, IL 60601; 312/814-2206. '111 k Liy"or(7--1 Ao Page 16 Illinois Liquor Control Commission 16195) BOOKLET 3: ILCC Retail Education Project Minimum age and responsible service laws Retail Education Project Booklets 1 and 2 cover these topics extensively,and offer suggestions regarding practices which adhere to responsible sales and service techniques and help prevent illegal underage sales and purchases. If,during an inspection,an ILCC agent finds evidence of the sale,delivery or consumption of alcoholic beverages by a person under 21 years of age,or the sale of alcoholic liquor to an intoxicated person,the agent will issue a violation and notify the local law enforcement authority.Thus,a licensee may be subject to criminal penalties as well as a fine,license revocation,or suspension. Violations of minimum age and responsible service laws are considered among the most serious and result in the most stringent penalties. The ILCC encourages licensees and their employees to participate in State-licensed BASSET(Beverage Alcohol Sellers and Servers Education and Training)which offers techniques for responsible service and sale of alcoholic beverages.For more information about BASSET programs,please call 312/814-2206.Operation Straight ID (800/596-2522),sponsored by Secretary of State,provides free training to licensees on how to identify fake, false,and fraudulent IDs. Prohibition of Happy Hours Violations of the Happy Hour Law are some of the most common found by the Commission. The Happy Hour Law prohibits practices and promotions that encourage the overconsumption of alcoholic beverages.Violations come to the attention of the Commission during inspections, from advertisements,and as a result of complaints. This section of the Act also requires that you maintain a schedule of drink prices. The Happy Hour law does not permit: *Serving two or more drinks to one person for -increasing the volume of alcoholic liquor consumption by that person or offer promotions contained in a drink without proportionately such as 2-for-1 drinks or any type of promotion increasing the price regularly charged for the which discounts drinks at 2-for-1 or greater drink on that given day -Selling,offering to serve,or serving an unlimited -Permitting,encouragin,.or sponsoring games or amount of drinks during a set period of time contests which invoke drinking alcoholic liquor for a fixed price or which award alcoholic liquor drinks as prizes -Reducing the price of drinks during a specified -Advertising,marketing,or promoting in any way period during the day or to a specified group any practice prohibited by the Happy Hour Law of people The Happy Hour Law permits: •Offering free food or entertainment liquor customarily sold in that manner and •Including alcoholic beverages in the price of a delivered to two or more persons meal package or hotel package as long as the •Increasing drink prices in lieu of a cover charge emphasis is the meal or hotel package, and if special entertainment,which is not regularly not unlimited or free alcoholic beverages scheduled,is occurring at the licensed premises •Selling pitchers,carafes,or bottles of alcoholic By ILCC Rules,it is also a violation to give away,promote,or advertise by giving away free alcoholic products in connection with the sale or promotion of non-alcoholic products. Illinois Liquor Control Commission(6/95) Page 17 BOOKLET 3: ILCC Retail Education Project Customer Payment for Alcoholic Liquor The Act prohibits retailers from selling or furnishing alcoholic beverages to any person"on credit,"on a pass book,or in exchange for goods,wares or merchandise,or for any services rendered.Acceptable methods of payment include cash,money orders,traveler's checks,drafts or checks,and major credit cards honored by the licensee. "In House Credit"tabs are not allowed.However,credit cards or credit authorizations issued by a retail licensee when presented to and honored by the retail licensee will be considered payment if the retail licensee honoring such credit cards or authorizations has on file for all its credit card or account holders a current,major,valid credit card.If payment for the alcoholic beverages is not received in due course,the restauranteur/retailer must charge the amount to the current,major credit card in its file. Check List for Compliance \ In order to comply with the Act,licensees should be able to answer "yes"to each of the following questions: 1.Are the premises kept in a clean and sanitary condition? 2.If there are living quarters on premises,is access kept secured? 3.Are pre-mix alcoholic beverages destroyed weekly? 4.Are pre-mix alcoholic beverages generic,not brand-specific? 5.Are mechanical draught beer,wine,and pre-mix dispensing systems cleaned weekly by chemical or mechanical means? 6.Do records indicate when and who did the cleaning? 7.Are taps labeled by brand and do brands dispensed from taps agree? 8.Are current advertised brands of malt liquor and wine available? 9.Do all bottles of alcoholic liquor have the original label affixed to them? 10.Are all bottles,containers,and casks free from contamination? 11.Is there any indication that the contents of the bottles of alcoholic liquor have been refilled with the same or different brands of alcoholic liquor? 12.Do shot glasses for unmixed alcohol measure at least one ounce? 13.Are all warning signs posted including: pregnancy warning signs for alcoholic beverages,and,if applicable, signs for tobacco and tobacco accessories? 14.Are minimum age laws upheld;specifically,no person under 21 years of age allowed to purchase or consume alcoholic beverages on the premises? 15.Are local minimum-age-to-enter laws followed? 16.Are all persons serving,selling,or delivering alcoholic beverages older than the age of 18 or the minimum age established by the local authority? 17.Does it appear that alcoholic beverages are not being served or sold to an intoxicated patron? 18.Is there a schedule of drink prices available? 19.Is the"Happy Hour Prohibited"law being followed? 20.Does advertising and promotional material conform to the Happy Hour law? 21.Are reduced-priced drinks offered equally to all patrons and not advertised nor offered to a select group of people,discriminating against others(i.e.,ladies nights)? 22.Do prices of each type of drink remain the same from opening until closing? 23.Are alcoholic beverages not given away or free of charge? 24. If the retail licensee allows a customer to establish in-house credit,are there records of the customer's current,valid,major credit card?Is there an indication that if the retail licensee does not receive payment in due course that the charges are made to the valid major credit card on file? Page 18 Illinois Liquor Control Commission(6195) BOOKLET 3: ILCC Retail Education Project_ Licensee duties Regarding Product Registration Manufacturer licensees must provide ! a Statement of Registration for every TRADE PRACTICES alcoholic liquor product to be sold in the state that identifies the distributor(s) The following section enumerates several of and the geographic area or territory the distributor(s)will cover,and the effective the Trade Practices and Policies of the Illinois dates.No alcoholic liquor product may Liquor Control Commission. This section be distributed in Illinois unless the discusses licensees' responsibilities and duties manufacturer provides a Statement of regarding procedures for proper compliance Registration. Distributor/importing distributor regarding the sale and purchase of all product, licensees must be authorized by the and explains invoice and credit regulations,along manufacturer to distribute the product with includingdetailed examples of"Of Value" within the specified geographic territory p during the time specified. Distributors and`"Tied House"activities. may sell the authorized products only to licensed retailers within the geographic area.Distributors may offer It is the policy of the ILCC to prohibit quantity discounts to retailers as long manufacturers or distributors from giving as all retailers within the geographic and anything "of value" to a retailer, and also to license classification(i.e.,on-premises consumption or off-premises sales) prohibit a retailer from accepting anything "of receive the opportunity to purchase the value"from a manufacturer or distributor,unless same quantity at the discount offered. the transaction is specifically allowed pursuant Retail liquor licensees must purchase all alcoholic liquor from a licensed to Illinois statute,rule,regulation or trade practice distributor authorized to sell the product policy of the Commission. within the retail licensee's geographic area. Retail liquor licensees are not allowed to purchase alcoholic liquor for resale from another licensed retailer. Alcoholic liquor cannot be transferred from one licensed retail premises to another licensed premises. Liquor Invoices In the course of an inspection,ILCC agents will request to see invoices of alcoholic beverage purchases,in part to ensure that retail licensee purchases and distributor sales comply with the Liquor Control Act.Alcoholic beverage invoices must be kept on the licensed premises for a 90-day period. Licensees may request a waiver from the Commission to keep invoices at a central office location in Illinois;if the application for waiver is approved,a copy of ILCC's letter granting the waiver must be available on the licensed premises.Thirty-day credit law,"Cash Beer Law," and Delinquent List are detailed below; consult 235 ILCS 5/6-5 and Rules and Regulation 100.90 for complete guidelines. Illinois Liquor Control Commission(6/95) Page 19 BOOKLET 3: ILCC Retail Education Project 30-Day Credit Law The Act allows distributors of spirits and wine to Payment must be rendered by: extend merchandising credit to retailers for a 30- day period.The 30-day period begins from the date • cash • certified check immediately after the date of the invoice,includes • check •cashier's check Sundays, all holidays, and the 30th day. For •money order • teller's check example,payment for an invoice dated March 1 • electronic fund transfer must be received by March 31. if the retailer gives payment to a sales person,the payment must be credited ort that date. Post-dated checks beyond the 30-day period,checks returned for non-sufficient funds,or dishonored checks are not considered payment.However,non-sufficient fund checks and cancelled checks that clear before the end of the 30-day credit period are considered valid payment.The distributor may add finance charges on credit issued and bank charges for non-sufficient fund or cancelled checks as long as the same charges apply to all accounts for the same circumstances. All charges sought to be imposed,including finance charges,must be stated on the liquor invoice.The licensee may be put on the delinquent list for non- payment of these charges. "Cash Beer" Law The Cash Beer Law requires retailers to render payment for beer by cash or cash equivalent at the time of or before delivery of beer. Payment in cash by the retail licensee shall mean payment in legal tender as provided by the United States Code,checks(including Certified checks,Cashier's checks,Teller's checks or Traveler's checks),drafts,and electronic transfer of funds, provided the transfer of funds is initiated by an irrevocable payment order on or before delivery of the alcoholic liquor. The "Delinquent List" During the time of delinquency,the retailer cannot purchase(with cash payment or by credit)alcoholic spirits and wine,and no distributor may sell alcoholic spirits or wine to the retail licensee.However,licensed retailers may continue to purchase beer as long as the beer distributor receives payment in cash or its equivalent on or before the time of delivery.During the time of delinquency,the retailer may continue to sell alcoholic liquor of any type.The purpose of this provision is to ensure that the retailer pays its current bills before incurring additional debt from other distributors. Where there exists a bona fide dispute between the retail licensee and the wholesale licensee as to the fact of payment of a given sale,such sale in itself shall not be deemed sufficient grounds for considering the retail licensee delinquent.Determination of delinquency or non-delinquency shall be made by the ILCC Chairman,Executive Director or any individual so authorized by the Chairman or Executive Director on the basis of the verified report of delinquency and any affidavits or counter-affidavits before him or her.Any licensee objecting to such determination may request the Commission in writing for a heating which will be set at the regularly scheduled meeting of the Commission. REMEMBER: Distributors must immediately report each retailer "delinquent" in payment beyond the allowed 30-day period. Page 20 Illinois Liquor Control Commission(6795) BOOKLET 3: ILCC Retail Education Project "Delinquent list" contd. When an individual has more than 50 percent ownership interest in another licensed retail location(s),the sale and purchase of wine and spirits from distributors is also prohibited at that location(s). Retail licensees are prohibited at all rimes from purchasing wine and spirits from another retail licensee,and from transferring wine and spirits from another location. 'Tied House" and "Of Value" Provisions The Tied House provisions originated in Federal law and affect the relationship between licensed retailers,distributors,and manufacturers.They outline purchase,distribution,and credit practices, as well as identify what distributors and/or manufacturers are allowed to give to retailers and what retailers are allowed to receive from distributors and/or manufacturers.They apply to a licensee's corporate officers,agents,employees,and representatives. These "Tied House" provisions were enacted to ensure that a retailer's decision to purchase a product The purpose of the Tied is based on the price of the product and the product House and Of value (quality)itself.The law prevents manufacturers and provisions is to maintain the distributors from exerting undue control over retailers independence of the three in determining brand purchases by prohibiting tiers of the alcohol beverage practices that could "tie" the retail licensee to the industry — retailer, distributor or manufacturer's brand and exclude others. distributor, manufacturer— These provisions also ensure that individual retailers and limit activities within or groups of retailers are not excluded from pricing and among each of the tiers. promotions. "Anything of Value" The Tied House provisions also prohibit retailers from accepting or receiving"anything of value" from distributors and manufacturers,and prohibits distributors/manufacturers from offering or giving "anything of value"to retailers.These"of value"provisions address practices or "inducements" that could"tie"the retailer to a manufacturer or distributor to the exclusion of others. Distributors/Manufacturers cannot: •Have ownership interest in,conduct or operate •Sell,supply,furnish,give,pay for,or loan any a retail licensee,or be interested as the owner furnishing, fixture, or equipment to a retail of a premises upon which a retail licensee is licensee operating. •Purchase, or become an owner of a note, •Pay for or advance, furnish or lend, or give mortgage or other indebtedness of a retail money for payment of a license licensee However,theAct does specify that a distributor/manufacturer may provide a retailer with indoorsigns,outdoor signs,and advertising materials within established limitations.Generally,a manufacturer/distributor must receive payment equivalent to fair market value for promotional items and services performed that benefit the retailer. Illinois Liquor Control Commission(6/95) Page 21 BOOKLET 3: ILCC Retail Education Project The following charts illustrate "of value" limitations and provide examples. NOTE: Examples not included may also be subject to "of value" limitations. OUTSIDE SIGNAGE Description/Definition Conditions and/or Cost/Service Limitations or of item or service Specifications "Not Allowed" An outside sign is any sign affixed to Retail licensee is limited to one (1) A distributor or manufacturer may the exterior of the premises. permanent(wood,neon,mirror,etc.)or give the retail licensee one outside Outside signage includes signs: temporary(banner or display rack)outside sign per product brand that has a fair •attached to the building exterior sign per product brand at any one time market price of up to $850 (1995 •in parking lots displayed on the exterior of the premises. adjusted figure). •painted on outside walls There is no limit as to the number of times Inflatable signs are not allowed, as •attached to a fence the product brand or brand logo can the value of such a sign exceeds the •attached to the outside of a window appear on one sign. value of the statutory limitations. Two-sided signs are considered one If a brand is mentioned on an outside sign (Special Event licensees, however, sign. at least once, it cannot appear on any may display inflatable signs if the other outdoor signs. event is not held at a current retail license premise.) If a multiple brand banner is displayed, no brand or brand logo can be advertised on any other outside sign. Retail licensee's name must not appear on the sign. Exterior banners may be promotion specific. Where a licensed premise has more than one license issued,the location is allowed as many outside signs per brand(e.g., three licenses=three signs). INTERIOR SIGNAGE Description/Definition Conditions and/or Cost/Service Limitations or of item or service Specifications "Not Allowed" Interior signage is any sign displayed Interior signs may be permanent(wood, Each distributor or manufacturer may on the inside of the licensed premises. glass, mirrors, and neon), temporary give a retail licensee interior signs with (banners and display racks), and a value of $1,202 (1995 adjusted Interior signage includes signs: •visible from the outside,such as neon disposable items. figure). signs in windows Interior signs may have brand name or Any items not considered signs are •painted on windows,whether facing special promotion printed on the sign. either advertising material or consumer inside or out Interior signs may specify the name of advertising specialities,and a distributor •in beer gardens or manufacturer is limited to providing the retailer. a retailer with $60 in advertising Disposable items (posters, placards, Interior signs, advertising materials,or materials in aggregate at any one time. table tents,and wine and drink lists) consumer advertising specialties of an (Retailer must pay the distributor or are also considered interior signage. antique nature are not considered signs manufacturer the reasonable value of for purposes of considering value limits. consumer advertising specialties,unless the consumer advertising specialties are Umbrellas are considered interior signs given directly to the consumer by the and are subject to price limitations retailer.) imposed on interior signs. Page 22 Illinois liquor Control Commission 16/95) BOOKLET 3: ILCC Retail Education Project COURTESY WAGONS Description/Definition Conditions and/or Cost/Service Limitations or of item or service Specifications "Not Allowed" Courtesy wagons, coil boxes, and Manufacturer or distributor may provide Limited to one time per year for a one- pumps are items provided by a courtesy wagon or coil boxes and day period for picnics held by the distributors to retailers to serve and pumps. retail licensee. cool alcoholic products.Generally for outdoor events. Manufacturer or distributor is not allowed to provide free beer,wine, or alcoholic beverages for the event. POINT-OF-SALE MATERIALS Description/Definition Conditions and/or Cost/Service Limitations or of item or service Specifications "Not Allowed" Point-of-sale materials are any signs, The distributor must make reasonable The value of point-of-sale material advertising materials, or consumer attempts to provide the point-of-sale provided to the retailer is determined advertising specialties. items to all retailers in the distributor's by the actual purchase price of the Generally: geographic area. goods by the distributor or the cost of • Advertising materials are items used the goods to the manufacture, at the retail premise to promote a whichever is greater. brand. Product displays, placed by • Consumer advertising specialties are distributors or manufacturers in a retail items which are given to premise to display and sell alcoholic consumers to promote a brand. liquor, are considered interior signs and may not exceed$1,202 at any one time(1995 adjusted figure). Advertising materials may be retailer and promotion specific,but may not exeed $60 in aggregate at any time per manufacturer or distributor. Consumer advertising specialties may be provided free to a retailer by a manufacturer or distributor as long as the items are given to consumers. The retailer may use consumer advertising specialties for his or her own purposes if the retailer pays the manufacturer or distributor the reasonable value of such products. Illinois Liquor Control Commission(6/95) Page 23 BOOKLET 3: ILCC Retail Education Project COOPERATIVE PURCHASING AGREEMENT Description/Definition Conditions and/or Specifications of item or service Retailers are allowed to enter into All purchases must be invoiced to and delivered to each individual retailer and cooperative purchasing agreements each individual retailer must pay the distributor for its own merchandise,pursuant between unrelated retail licensees as to 235 ILCS 5/5-1. long as ILCC guidelines are followed. Two or more retail vendors may enter into an agreement as evidenced by a memorandum in writing,that one or more of them,or another designated person, shall constitute the agent or agents of each of them for the purpose of ordering distilled spirits,wines or beer,from wholesalers. The agreement should provide that orders made by the agreement shall be in its capacity as agent for each of the parties. The agreement should provide that upon sale by the wholesaler,title to the merchandise so ordered shall vest in each parry to the agreement,in accordance with its proportionate share of the order.(235 ILCS 5/5-1) The agreement should be signed and dated by each party to the agreement, including the nominee agent. New or additional parties to the cooperative venture may become so by signing and dating the agreement.A party to the agreement may share in a cooperative order only in respect to orders placed after his becoming a part of the agreement. All records of sales by wholesalers and receipts by retailers in respect to cooperative purchases must be maintained on premises as with all alcohol invoices. All retailers must be located within the distributor's registered territory. Physical delivery of the alcoholic liquor purchased by such cooperative purchasing group must be made to each individual retailer's licensed premise, and not to a central location.Central warehousing of alcoholic liquor is not allowed.In addition,transfer of alcoholic liquors is not permitted. Although quantity discounts are permitted,a distributor is not required to offer such quantity discounts.However,if such discounts are offered by a distributor, they must be offered across the entire market in which they serve.The distributor cannot refuse to offer the same quantity discount to the cooperative group as offered to any individual retailers,unless proof of substantial increased cost of providing such discount(e.g.excess actual delivery costs)can be shown by the distributor. If the distributor makes sales under the 30 day credit rules,and any of the members of the cooperative purchasing group should become delinquent under such provisions,the distributor may continue to make sales to the remaining members of the cooperative purchasing group as a whole and provide the remaining members with quantity discounts. Page 24 Illinois Liquor Control Commission(6/95) BOOKLET 3: ILCC Retail Education Project REBATES FROM DISTRIBUTORS AND MANUFACTURERS GIVEN TO CONSUMERS VIA OFF-PREMISE RETAIL LIQUOR LICENSEES Description/Definition Conditions and/or Cost/Service Limitations or of item or service Specifications "Not Allowed" Mail-In Coupons are: Instant and mail-in rebates are allowed if Adistributor ormanufacturerofabrand Coupons attached either directly to the rebates are given to all retailers offering off- may not discriminate in providing product,to a display near the product,or premise sales in the manufacturer's or coupons to one retailer without printed in a newspaper. distributor's geographic areas of distribution providing the couponsto other retailers •Consumer purchases the product for full on a non-discriminatory basis. in the same geographic area. price from the retailer and then mails the coupon to the manufacturer or Manufacturer and distributor rebate coupons A coupon cannot offer to give alcoholic distributor,generally with some type may appear in retailer promotional products away free for commercial of proof of purchase. advertisements;however,the coupons must purposes or in connection with the sale •The manufacturer or distributor then be capable of being redeemed at any retailer. of non-alcoholic products or to promote mails a rebate check directly to the the sale of non-alcoholic products. consumer. Rebate coupons may combine the purchase Instant Rebates are: of alcoholic products with other products; A distributor or manufacturer may pay Coupons attached either directly to however,such programs may not require that the costs associated with the printing the product, to a display near the the free items be retailer specific. of coupons for a specific retail product,or printed in a newspaper. Rebate coupon programs, funded, and licensee. Cost of printing will be •Consumer presents the coupon to promote solely by the off-premise retailer considered advertising and may not the retailer and receives a reduction are not subject to the restrictions. exceed $60 in the aggregate at one in the purchase price from the time in the retail establishment.The retailer at the time of the purchase. Manufacturers and distributors must provide coupon may be retailer, brand or •Retailer forwards the coupon to the Very retailer purchasing a product with the promotion specific. manufacturer or distributor for same amount of coupons in relation to the reimbursement. quantity purchased(e.g.,a manufacturer or distributor cannot give one retailer three coupons per case while giving another retailer twelve coupons per case). Rebates must be paid for directly or reimbursed to the retailer by the manufacturer, distributor,or their appointed agent within a reasonable time. All instant rebate coupons submitted to manufacturers or distributors from retailers must be accompanied by a proof of sale for each coupon submitted for reimbursement. Illinois Liquor Control Commission(6/95) Page 25 BOOKLET 3: ILCC Retail Education Project STOCKING,ROTATING AND RE-SETTING OF PRODUCTS Description/Definition Conditions and/or Specifications of item or service Manufacturers and distributors may stock and rotate their products at retail establishments as long as such activities are done in conjunction and incidental to delivery of such product in the normal course of business. Distributors may also take part in retailer prompted resets up to four times per year,as long as all distributors are notified of the reset. This policy prohibits the manufacturer or distributor from acting as the employee of the retailer,from pricing the retailer's products and, generally, from handling any other suppliers'products but their own. GENERAL Under no circumstances may a manufacturer or distributor affix prices to product on behalf of a retailer.Manufacturers or distributors may not clean or dust shelves, coolers,or products which are on display at a retailer's location.Generally,a manufacturer or distributor may not touch,move,alter,or disturb the product of a competitor. Employees of manufacturers and distributors may not be treated as employees of a retailer.Employees of manufacturers and distributors may not work free of charge for retailers. STOCKING At its sole discretion,a manufacturer or distributor may stock only its own products at a retail establishment.This may be done during the standard course of delivery to the retailer,generally no more than once a week.Stocking is defined as any placing of product where it is to be stored or offered for sale on a retailer's premises (e.g.on shelves,in coolers,against walls,in displays or in storage areas). With respect to special promotions and displays,a manufacturer or distributor may construct the display for a retailer,may place the display at the retail premises,and may stock or replenish the display at any time.There is no once-a-week limitation as it is often necessary to perform this service daily.The cost of the display must not violate the indoor sign provisions. ROTATION At its sole discretion and voluntarily,a manufacturer or distributor may rotate only its own products at a retail establishment,during the normal course of delivery,no more than once a week.Rotation shall include the moving of newer,fresher product from a storage area to an area where it is offered for sale. Where a special promotion is being conducted, however, a manufacturer or distributor may construct the display for a retailer,may place the display at the retail premises,and may rotate product in the display at any time.In this case there is no once-a-week limitation as it is often necessary to perform this service daily.Note that the cost of the display must not violate the indoor sign provisions. RESETTING Manufacturers and distributors shall be permitted to participate in resets conducted at a retail establishment no more than four 14)times per calendar year per licensed premise.Resets called by a retailer more than four(4)times a year will beconsidered to be an unfair burden on the distributors providing goods to the retailers. Whether initiated by the manufacturer,distributor,or retailer,where a reset is called it shall be the duty of the retailer to notify in writing all affected manufacturers or distributors of the resent no less than two(2)weeks prior to the date scheduled for the reset.The retailer must make all reasonable efforts to schedule the reset for a time most convenient for the majority of manufacturers or distributors involved. Page 26 Illinois Liquor Control Commission(6/951- ROOM FT 31 ILCC Retail Fducation Project STOCKING, ROTATING AND RE-SETTING OF PRODUCTS STOCKING from p.26 RESETTING coni. During the reset,a distributor is limited to the movement of its own goods only,unless another distributor who has been properly notified is not attending.In such case,the distributors present may assist the retailer in moving the goods of the non-attending distributor. A manufacturer or distributor may provide diagrams to a retailer,which suggest the most beneficial location within the store for the presentation and sale of product to the consumer. If the retailer decides to follow these suggestions, the manufacturer or distributor may reset only its products within the store in accordance with the diagrams or any modifications thereof, and a formal reset date where all distributors and manufacturers are required to attend need not be arranged. However, in this circumstance,a distributor may not move any product but its own. Check List for Compliance \ r. n order to comply with the Act, licensees should be able to answer FI, "yes"to each of the following questions: 1.Has all alcoolic liquor been purchased from a distributor authorized to distribute product in your geographic area? 2.If on the delinquent list,have you refrained from purchasing alcoholic spirits and wine? 3.Has all alcoholic liquor been purchased for the specific licensed premises and not transfered from or to another location? 4.Is beer paid for in cash at the time of,or before,delivery? 5.Is all alcoholic liquor stored on premises? 6.Are outside signs limited to one sign per brand,within the dollar limit,and only advertising the product and not specific to your establishment? 7.Are interior signs provided by distributors or manufacturers within the dollar limits? 8.Are advertising materials provided by distributors or manufacturers within dollar limits? Illinois Liquor Control Commission(6/95) Page 27 BOOKLET 3: ILCC Retail Education Project ABBREVIATIONS AND TERMS The Act is short for the Illinois Liquor Control Act, 235 ILCS 5/1-1 et sec.. (Section 235, Illinois Compiled Statutes,Act 5) An agent is an Illinois Liquor Control Commission special agent with responsibilities to inspect licensed premises to determine compliance. Alcoholic liquor includes spirits, wine, and beer containing more than .05% alcohol. Commission is short for the Illinois Liquor Control Commission, also referred to as the ILCC. A distributor is an entity with a State of Illinois Distributor's License or Importing Distributor's License. A manufacturer is an entity with an Illinois Manufacturer's License, Class 1 through Class 7, or a Non-resident Dealer's License. Retailer means an entity with a State of Illinois Retailer's License for sale of alcoholic liquor on or off the premises; and,where applicable,a Brew Pub License, Boat License, Airplane License, Special Event Retailer (Not-for-profit) License, Caterer Retail License, and Special Use Permit License. Rules refer to Illinois Rules and Regulations, Illinois Administrative Code,Title 11,Alcohol,Horse Racing,and Lottery,Subtitle A,Chapter 1, part 100. A violation is a failure to follow a provision of the Illinois Liquor Control Act and/or its rules and regulations. Page 28 Illinois Liquor Control Commission 16/951 30'-0" —*—— I I - - ---- ------------ - - -------- ----- ----------- - - - --------- - - - - - - - - - - - - - ------------------------- SEE ---- - --- - - - - - ---SEE KIITCHEN SEE RESTAURANT - 2 OWG.FpR THIS DWG.FOR THIS AREA 11-6"!! 5'-1" I I I I N' -E-9 - - a < ' G I fO 15 I 16 4'-0' 10'-5" i I KITCHEN CAFE HDC r I �. 148 DRES' I ROOM 4216 SF® 3.66%t,' A1b A 1 b �I ^i 13 14 1 7 I r• i i I i F411DUMP 8 9 10 11 12 I 4 a o2 LINE I I r REST WORK ;I 147 1' 7 -- 15'-0" _ 6'-8.. I 6 ; A5.4 T�Y1� LLC-i A4 A CG 6'-O" - I ---- STOCK -146 -- III - g g 10 11 8 FE I I tO . co r ITCHEN 22700 a i °P L- IC ED STONE I M I a IITH FILL I a W 2U I I "' n I 2VA A . ----- ------------ - - - - - - - -- ------=- ------------- B'1 b r-----15'-0" ---- � SEE R2.1 - - FOR RESTAURANT --------- - - - ------------------------ I I INFORMATION i '•--------j- ---- i ------------ I ------- , PUB 8 1 b ' F-22 _6 ! 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KITCHEN ♦w I I RESTAURANT ESTA GAN ULLw T � P_ � 344 i 4 ACG �0 341 ♦wN A 1 b two I 0 5 ACG E9a COAT ROOM I I 345 s 1'-1r C c I� 10'-0„ 18 b .01, 0 4'-0 7 4'-0' �1f 01d1 Ef�—s — — ®— — , - luCG �; I o , a n ' TAILp � I ' � , t I RED B , a � NORDSTROM RUSCELLO OAK BROOK EMPLOYEE LISTING NAME POSITION BASSET STATUS Michael Switzer General Manager Complete Teresa Loya Host Complete Sheryl Stiso Bartender Complete Eliseo Luera Bartender Complete Jose Rico Server Complete David Luera Server Complete Luis Gomez Server Complete Daniel Aikman Server Complete Jose Perez Server Complete Rosa Angilieri Server Complete Michelle Joseph lHost Com fete Illinois BASSET SELLER / SERVER CERTIFICATION Trainee Name: Michael Switzer School Name: Certificate#: 000015870173 360training.com dba Learn2Serve ®ate of Completion: 06/06/2019 certify that the above named person This course provides necessary successfully completed an approved knowledge and techniques for the Learn2Serve Seller/Server course. responsible serving of alcohol. This is your temporary certificate of completion.You will receive your official card in the mail.Please forward all questions to support P360tramine coin. Corporate Headquartets 6801 N.Capital of Texas Hwy,Bldg 1, Suite 250,Austin,TX 78731 Phone:877.881.2235 Illinois BASSET SELLER / SERVER CERTIFICATION Trainee Name: Teresa Loya School Name: Certificate#: 000018878343 360training.com dba Learn2Serve Date of Completion: 05/25/2021 I, — certify that the above named person This course provides necessary successfully completed an approved knowledge and techniques for the Learn2Serve Seller/Server course. responsible serving of alcohol. This is your temporary certificate of completion.You will receive your official card in the mail.Please forward all questions to support@360training.com. ... Corporate Headqu`. 6801 N.Capital of Texas Hwy,Bldg 1, Suite',SO,Au<tin,TX 78731 nhonc 877.08;.?_?35 Minois BASSET LLER i SERAGERT�HCATPOOM Trainee Name: Sheryl Stiso School Name: Certificate#: 000015822516 360training.com dba Learn2Serve Date of Completion: 05/28/2019 certify that the above named person This course provides necessary successfully completed an approved knowledge and techniques for the Learn2Serve Seller/Server course, responsible serving of alcohol. This is your temporary certificate of completion.You will receive your official card in the mail.Please forward all questions to supportCd360trainina.com. - Corporate Headquarters I �t�y^t1 t r2 6801 N.Capital of Texas Hwy,Bldg 1, Suite 250,Austin,TX 78731 Phone:877.881.2235 ✓tel �(`. ter-tilicate of Compretion American Safety Council ELISEO LUERA Has diligently and with merit completed the On-Premise BASSET Alcohol Certification on 1/22/2020 from the American Safety Council. �—e Pairan ��i�✓it� , �; Ifino s BASSET SELLER I SERVER CERT�RCATIONI Trainee Name: lose Rico School Name: Date of Completion: 08/16/2018 360training.com dba Learn2Serve certify that the abotYe named person This course provides necessary successfully completed an approved knowledge and techniques for the Learn2Serve Seller/Server course. responsible serving of alcohol. This is your temporary certificate of completion.You will receive your official card in the mail.Please forward all questions to supporte360trainina.com. Yom► . - Corporate Headquarters __ I ar 1 12 6801 N capital of Texas Hwy,Suite 150 se��"��/�Ai Austin,TX 78731 P:877.881.2235 of Compf' A : ._� t American Safety Cluncil A ►' .94 DAVID LUERA JR. Has diligently and with merit completed the On-Premise BASSET Alcohol Certification on 7/17/2018 I from the American Safety Council. v_ Jeff Pairan �•:, ,:: J� �il��'��i�'�r tF�i��•I� ` �:''F l �+� '' �� _' _ SiSLa..l:;:: ,�3..i.. '4��` Congratulations You have successfully completed the ServSafee Training and Certificate Program.This k your official Serv5de Alcohol ��_♦.� �.Certificote Card and provides confirmation that you have studied, n4 • are ••• Thank you for panccipoting in the ServSafe Alcohol program.Respons b!e alcohol service begins with the choices you make,and ServSafe A!cchol'rcinirg will help you make the right decision when the moment arises. By completing the ServSafe Alcohol program,you show your dedimfion to sole and responsible alcohol service.The ServSafe Alcohol program and the Nct'onal Rerouram Association are dedicated to helping you continue to raise the boron alcohol sofety. To learn more about our full suite of responsible alcohol service training products, contact your State Restaurant Association,your distributor air visit us at SeiNSare.com. .y We value your dedication to responsible alcohol service and applaud you for making he comms mentTo WWW" roti FFw 9 n r Sincerely, DI' ServSafe �� ServSafe Alcohol' CERTIFICATE i :0N •N 11 [9 C DAiE(1r FYAMINAlID6 (•d o.yn•we pv Mom Nv loo-d o.e•wr•.latlbn 4dr III: t�BLI;(: 'u u000tti lwAa:th la:o;cN qli t{w.wpcu rro rEup vo�W pu.m:awtfrwi+•ruNNweM 11flN•WPr{rowpu:iw o6q qq+•5 eW pw wles.ni po.n>:silvan I11RNI w•egw{puonempl uo-;aw;tilwro,th pwua�(IOi• '�' •vo rnlo6 umteixcsV fVwrmwy{euo{nN'ivaPoa+d w�A+nnwaz3 RESTAUR 4;T u�o.v u •aV6 um6wd avnres loyo>lo atgsuodsat •roNrosly'1"s^+•s ayl j9 raWlduro>,uuyw>ala>ywa>,iyl ��' / �. � �. b,.� 1 r11� f� d 41 til i!� ��I li s! I ! ✓ . N'3l•lkl w ��k'L�4}t >r 1 i ��Aiiil41� A r {�Fr t"�,��,dt�'3i rr .? /l �•-,�� //�%". �/'' � 7 �;f� f� p �. Ir i�l '1Vit• µt 11 ..�y�` m. vy,� � \ / ..;�\� r�.re.._ .o .:d .i1:'.,f ,(P.:.�I{,..tl�,�i e.W .ill.�4+U' �' �� :1► c�lY:�11o'V��1.�\1.�'T��,. .`aa.�`Veq:^�`.,..tf _ Illinois BASSET SELLER / SERVER CERTIFICATION Trainee Name: Jose Perez School Name: Date of Completion: 06/27/2018 360training.com dba Learn2Serve certify that the above named person successfully completed an approved This course provides necessary knowledge and techniques for the Learn2Serve Seller/Server course. responsible serving of alcohol, This is your temporary certificate of completion.You will receive your official card in the mail. Please forward all questions to sul2portCu360training.com. - -Corporate Headquarters IF�io�p I�It'W�®IZ 6801 N Capital of Texas Hwy,Suite 150 ��tl ri�i Austin,TX 78731 P:877.881.2235 >!t R+ American :�afetty Gouge:: r ROSALYN ANGILERI � Has diligently and with merit completed the _ ".•' On-Premise BASSET Alcohol Certification on 7/26/2018 from the American Safety Council. i Jeff f�airai i tr y `r. . Certificate of Compfetion 3j A :erica ' S g7ud3 MICHELLE JOSEPH Has diligently and with merit oDmpleted the Off-Premise BASSET Alcohol Certification on 3/12/2019 from the Amedcan Safety Council `1JefrPairan r. NORDSTROM ChIlk No 61612041 Corpomte E"rm PO BOX 91000 SEATTLE,WA 98111-9100 Date 1 1-MAY-21 Supplier VILLAGE OF OAK BROOK Supplier No. 5006760 LL202116 T721 0.00 3,250.00 VILLAGE '1200 OAh Unuuh huhu OAK BROOK, IL 60523 MISCELLANEOUS PAYMENT RECPTN: 617679 DATE: 06/07/21 TIME: 13:05:03 CLERK: pstone DEPT: CUSTOMER: 0 COMMENT: LIQUOR LICENSE REVENUE: 1 10 42010 3250.00 LIQUOR LICENSE LIQUOR LICENSE CASH: 99 1105 3250.00 CASH -PLO AMOUNT PAID: 3250.00 PAID BY: NORDSTROM PAYMENT METH: CHECK 61612041 REFERENCE: 1 GRAND TOTAL 0.001 3,250.00