G-1036 - 10/14/2014 - LICENSE -ALCOHOL - Ordinances ORDINANCE 2014-LC-AL-G-1036
AN ORDINANCE AMENDING CHAPTER 1 OF TITLE 4
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS
REGARDING CLASS B LIQUOR LICENSE REGULATIONS
WHEREAS, the Village of Oak Brook, Illinois ("Village") is a body politic and corporate,
organized and existing pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq.; and
WHEREAS, Section 11-42-10.1 of the Illinois Municipal Code, 65 ILCS 5/11-42-10.1, and Section
4-1 of the Illinois Liquor Control Act, 235 ILCS 5/4-1, provide the Village the authority to determine the
number, kind, and classification of licenses for retail sales of alcoholic liquor; and
WHEREAS, pursuant to Chapter 1 of Title 4 of the Village Code of the Village of Oak Brook,
Illinois ("Village Code"), the Village regulates the number, kind, and classification of licenses for retail
sales of alcoholic liquor("Liquor Regulations"); and
WHEREAS, the Village President and Board of Trustees have determined that it is in the best
interest of the Village and its residents to amend the Liquor Regulations to provide for more efficient
administration of the Liquor Regulations;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Ordinance as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Amendment to Title 4, Chapter 1, Section 7 of the Village Code. Section 7,
entitled "License Classifications" of Chapter 1, entitled "Liquor Control," of Title 4, entitled "Business and
License Regulations," of the Village Code shall be amended further, and shall read as follows:
4-1-7: LICENSE CLASSIFICATIONS:
CLASS B: Retail sale of alcoholic liquors in the original package, not for consumption
on the premises where sold, except for as specifically permitted by section 4-1-
17 of this chapter. ' - - .e-- -- ' • - - •- -• -"e -• - - --•- -
liquors on the premises may be held once per month for a period not to cxcccd three
(3) consecutive days. No licensee shall give, or offer to give, alcoholic liquor as a gift
or gratuity with the sale of products other than alcoholic liquors, or induce the
purchase of or promote the sale of products other than alcoholic liquors, except for
as specifically permitted by section 4-1-17 of this chapter. A license of this
classification may be issued to an establishment located within another
establishment, such as a department store, provided that the licensed establishment
meets all other criteria stated herein.
* * *
Section 3: Amendment to Title 4, Chapter 1, Section 17 of the Village Code.
Section 17, entitled "Special Events Licenses," of Chapter 1, entitled "Liquor Control," of Title 4, entitled
"Business and License Regulations," of the Village Code shall be amended further, and shall read as
follows:
Additions are bold and double-underlined;deletions are struck through.
Ordinance 2014-LC-AL-G-1036
Class B Liquor License Regulations
Page 2 of 5
4-1-17: Special Events Licenses and Promotions:
A. Special Events.
1, The purpose of this section is to provide for the issuance of annual
licenses for the sale or dispensing of alcoholic liquor during special
events. Except for as specifically permitted in section 4-1-17B of
this chapter. It shall be unlawful for any person who does not hold a
valid special event license issued pursuant to the provisions of this
chapter to sell or dispense or cause to be sold or dispensed alcoholic
liquor at a grand opening, winetasting, open house or other special
event open to the public without first having obtained a special event
license from the commissioner. It shall be unlawful for any person
who holds a valid license issued pursuant to the provisions of this
chapter to sell or dispense alcoholic liquor in any manner which
exceeds the restrictions and limitations of such license without first
having obtained a special event license from the commissioner. A
special event license does not authorize a licensee to engage in
package liquor sales at a special event.
Applications for a special event license shall be filed on forms
provided by the village clerk. The general application procedures set
forth in sections 4-1-9 and 4-1-10 of this chapter shall not apply to
licenses issued under this section. The application shall include such
information as the commissioner determines is necessary to process
such application, which information may include, but shall not be
limited to, the estimated number of persons attending the event, the
location and layout of liquor sales at the event and at the premises,
the persons responsible for dispensing of alcoholic liquor, steps to be
taken by the applicant to protect against any violations of the village's
ordinances, and information regarding the manner in which liquor will
be dispensed and consumed. Information and material related to
applicant's qualifications may be required during the processing of
such application, in addition to the information provided in the original
submittal, including attachments. In the event that the applicant is
made aware that any information or document submitted as part of
this application process is inaccurate or incomplete, applicant shall
immediately notify the commissioner and provide appropriate
corrections. Failure to accurately and completely provide, or as
necessary update, required information may delay the processing of
such application or result in its denial.
G. A class F license shall be required regardless of the number of
events to be held by the licensee. The license fee for a class F
license shall be as provided in subsection 4-1-8A of this chapter.
B. 4. Upon submittal of a properly completed application and payment of
the fee, the commissioner may issue a special events license subject
to the following conditions and restrictions:
4. a. Each special event shall last no longer than three (3) consecutive
days.
2
Ordinance 2014-LC-AL-G-1036
Class B Liquor License Regulations
Page 3 of 5
2. b. The licensee shall notify the commissioner of each event to be
held no less than ten (10) days prior to the event and shall obtain
a license to be posted at such event for each such event. Any
licensee who fails to notify the commissioner within the ten (10)
day period shall be required to pay the village a surcharge of fifty
dollars ($50.00) which shall be in addition to all other fees
required to be paid by the licensee.
3. c. The provisions of subsection 4-1-11B of this chapter, regarding
the proximity of the licensed premises to a church, school, other
institution of higher learning, or other entity as provided in 235
Illinois Compiled Statutes 5/6-11, shall not apply to special event
licenses issued under this section.
4- d. Except as otherwise provided in this section, the applicant shall
comply with all applicable provisions of this code, including, but
not limited to, zoning, building, and health and safety regulations.
5. e. Applicant shall provide the commissioner or the commissioner's
designee with a certificate or policy of insurance as evidence that
it has obtained coverage as follows: general liability insurance
with limits of not less than one million dollars ($1,000,000.00)
combined single limit, or one million dollars ($1,000,000.00) per
occurrence and per aggregate, naming the village of Oak Brook
as a party insured. Such insurance coverage shall be issued by
an insurance company licensed to do business in the state and
shall have a "Best" rating acceptable to the village. The effective
period of such insurance coverage shall coincide with the period
during which the annual special event license is in effect. In
addition, the applicant shall furnish evidence satisfactory to the
commissioner or the commissioner's designee that it is covered
by a 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 ($1,000,000.00).
6. f. It shall be the responsibility of any special event licensee selling
alcoholic liquor to provide certified training from the state licensed
beverage alcohol seller server education training (BASSET)
program or training for intervention procedures (TIPS) program to
its liquor managers (except for caterers), bartenders, servers, and
any other employee involved in the furnishing of alcoholic
beverages to customers at a special event. Each application for a
special event license shall be accompanied by proof of
completion (copy of certificate) of such program licensed by the
state for all liquor managers and such other current employees as
are necessary to comply with the provisions of this subsection.
)�. Promotions. Class B liquor licensees may dispense, free of
charge, liquor in small and limited amounts for tasting
purposes only, immediately prior and incident to the sale of
liquor in the original package for on-site consumption with
3
Ordinance 2014-LC-AL-G-1036
Class B Liquor License Regulations
Page 4 of 5
the intent of promoting the sale of liquor in accordance with
the following conditions and limitations:
1. Class B licensees whose primary business is not the sale
of liquor may hold a promotion only once a month for a
period not to exceed three (3) consecutive days unless
the licensee obtains a Special Event license for
additional promotions pursuant to section 4-1-17A of this
chapter.
2. The liquor shall be dispensed, and the promotional event
supervised, at all times by a full-time or part-time
manager or employee of the Class B licensee;
3. Any manager or employee dispensing liquor must be
certified and trained from the state licensed beverage
alcohol seller server education training (BASSET)
program or training for intervention procedures (TIPS)
program. Each Class B licensee desiring to hold a
promotion must submit proof of completion (copy of
certificate) of such program licensed by the state for all
managers and employees dispensing liquor at a
promotion prior to the promotion.
4. The total amount of liquor tasted by any one individual
may not exceed one ounce of distilled spirits, four
ounces of wine, or 16 ounces of beer;
5. The sample shall be served in a container which shall be
disposed of following the sampling.
Section 4: Severability. If any provision of this Ordinance or part thereof is held
invalid by a court of competent jurisdiction, the remaining provisions of this Ordinance shall
remain in full force and effect, and shall be interpreted, applied, and enforced so as to achieve, as
near as may be, the purpose and intent of this Ordinance to the greatest extent permitted by
applicable law.
Section 5: Effective Date. This Ordinance shall be in full force and effect from and after its
passage, approval, and publication in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
4
Ordinance 2014-LC-AL-G-1036
Class B Liquor License Regulations
Page 5 of 5
APPROVED THIS 14th day of October, 2014 /
Gopal G. Lalmalani
Village President
PASSED THIS 14th day of October, 2014
Ayes: Trustees Baar, Manzo, Moy, Wolin, Yusuf
Nays:
None
Absent: Trustee Adler
ATTES
/4
Y \,. Charlotte K. Pruss
' X11
Village Clerk
A+ J t `R ;
it
%r
5