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G-1036 - 10/14/2014 - LICENSE -ALCOHOL - Ordinances Supporting Documents ITEM 6.F. 1) 0 , OF it • 4:400-‘4414- 71Pd i en \,,,, ,, ,„, ,,. .__„..„ couN„, AGENDA ITEM Regular Board of Trustees Meeting of October 14,2014 SUBJECT: An Amendment to Chapter 1 of Title 4 of the Village Code of the Village of Oak Brook, Illinois Regarding Liquor license Regulations FROM: Charlotte K. Pruss,Village Clerk BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to approve passage of Ordinance G-1036, "An Ordinance Amending Chapter 1 of Title 4 of the Village Code of the Village of Oak Brook, Illinois Regarding Liquor License Regulations" Background/History: In further review of the Village's Liquor License Ordinance, the Village Clerk and Village Clerk's Assistant Kathy Vonachen recommend that sections 4-1-7 and 4-1-17 of Chapter 1, of Tile 4 ("Liquor Regulations") of the Village Code be amended to keep the Liquor Regulations consistent with Village's current practices and make the processing of special use licenses more efficient. The amendments to Section 4-1-7 (Class B) of the Liquor License Regulations and to Section 4- 1-17 (Special Events) would allow Class B liquor licensees whose primary business is the sale of liquor to provide samples and have tasting to promote packaged good sales. The amendments also include restrictions to make sure the samples and promotions are administered in a responsible and safe manner. Recommendation: The recommendation is for passage of Ordinance G-1036, "An Ordinance Amending Chapter 1 of Title 4 of the Village Code of the Village of Oak Brook, Illinois Regarding Liquor License Regulations" 4 IC '61-- 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. Promotional activities involving the consumption of alcoholic liquors on the premises may be held once per month for a period not to exceed thrcc {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. I. 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. G. 4s 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 #33458672_v1 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 #33458672_v1 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. A y 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 #33458672_vl 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: Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk 5 #33458672_vl