G-1046 - 04/14/2015 - LICENSE -ALCOHOL - Ordinances ORDINANCE 2015-LC-AL-G-1046
AN ORDINANCE AMENDING CHAPTER 1 OF TITLE 4
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS
REGARDING MOVIE THEATER LIQUOR LICENSES
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, the Village regulates the number, kind, and classification of licenses for retail sales of alcoholic
liquor("Liquor Regulations'; and
WHEREAS, the Liquor Regulations do not currently contain a liquor classification that specifically
permits movie theaters to sell liquor to its patrons or that specifically govern the manner in which movie
theaters may sell liquor to its patrons; 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 Liquor Regulations
that specifically govern the sale of liquor at movie theaters in the Village;
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:
Retail liquor licenses issued under this chapter shall be divided into the following classes:
CLASS A-1: Retail sale of alcoholic liquor for consumption on the premises where sold
when the primary business conducted on said premises is that of a restaurant, when the
ratio of seating predominantly or exclusively used for dining purposes to that seating for
bar or lounge areas equals or exceeds three and one-half to one (3.5:1). 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. Holders of a class A-1 license with banquet hall facilities containing
not less than three thousand (3,000) square feet of floor space open to the public may
dispense alcoholic liquor brought on the licensee's premises by a customer of the
licensee in conjunction with the use of the licensee's banquet hall facility and the licensee
may charge such customer a fee in connection with the service of such alcoholic liquor.
Also permitted is the distribution of alcoholic liquor for consumption on the premises
provided that the alcoholic liquor is not sold and is offered only in conjunction with a
special event or sale which is by invitation only and not open to the general public in a
department store which contains at least fifty thousand (50,000) square feet of retail area.
Additions are bold and double-underlined; a°'°*^^° °~°struck`hfough
Ordinance 2015-LC-AL-G-1046
Amending Chap. 1,Title 4 re:
Movie Theater Liquor Licenses
Page 2 of 7
CLASS A-2: Retail sale of alcoholic liquor for consumption on the premises where sold
when the primary business conducted on said premises is that of a restaurant when the
ratio of seating predominantly or exclusively used for dining to that seating for bar/lounge
area is less than three and one-half to one (3.5:1), but not less than one and four-tenths
to one (1.4:1). 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. Holders of a class A-2 license with
banquet hall facilities containing not less than three thousand (3,000) square feet of floor
space open to the public may dispense alcoholic liquor brought on the licensee's
premises by a customer of the licensee in conjunction with the use of the licensee's
banquet hall facility and the licensee may charge such customer a fee in connection with
the service of such alcoholic liquor.
CLASS A-3: Retail sale of alcoholic liquors for consumption on the premises where sold,
such as in a tavern, saloon or bar where the primary business is not that of a restaurant.
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. 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.
CLASS C: Retail sales of alcoholic liquors for consumption on the premises of regularly
organized clubs.
CLASS D: Retail sale of alcoholic liquor in conjunction with the service of food by
caterers for catered events conducted off the premises of the licensee, provided that the
sale of alcoholic liquor by the drink is not permitted.
CLASS E: Retail sale of alcoholic liquor in hotels and motels. Retail sales may take place
only in areas specifically designated on the license.
A. The holder of a class E license issued to a hotel/motel may install cabinets
for the storage of liquor for the use of room guests in each room; provided,
however, that each such cabinet shall be securely locked and a separate key
from the room key given only to a guest twenty one (21) years or older at the
time of registration.
B. Any hotel/motel providing cabinets for the storage of liquor available in
guestrooms on the effective date hereof shall provide locks for such cabinets.
CLASS F: Retail sale or dispensing of alcoholic liquor on a temporary basis during a
special event as defined and regulated in section 4-1-17 of this chapter.
CLASS G: Retail sale of alcoholic liquor for consumption at the village sports core which
includes the following facilities: municipal golf clubhouse, beverage cart service, veranda,
Oak Brook room, saddle room, polo fields, poolside and library.
CLASS H: Retail sale of alcoholic liquor for consumption on the premises of
municipally owned and operated recreation facilities, including the grounds, but not
including the village sports core.
Additions are bold and double-underlined;a°'°*;^^^are struck through.
2
Ordinance 2015-LC-AL-G-1046
Amending Chap. 1,Title 4 re:
Movie Theater Liquor Licenses
Page 3 of 7
CLASS In Retail sale of alcoholic liquor for consumption on the premises where
sold when the primary business conducted on the premises is that of a movie
theater, provided that a movie theater is not an adult motion picture theater.
Section 3: Amendment to Title 4, Chapter 1, Section 8 of the Village Code. Section 8,
entitled "License Fees and Numbers," 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:
4-1-8: LICENSE FEES AND NUMBERS:
A. Fees And Number Of Licenses Authorized: The fees for the licenses issued and
the number of licenses authorized pursuant to this chapter shall be as follows:
Class Of Application Annual Number
License Fee License Fee Issued
A-1 $2,000 .00 $2,750.00 25
A-2 2,000 .00 2,750.00 1
A-3 2,000 .00 2,750.00 1
B 2,000 .00 2,750.00 14
C 2,000 .00 2,200.00 1
D 2,000 .00 2,200.00 2
E 2,000 .00 4,950.00 6
F No fee $50.00 per event Not
applicable
G No fee No fee 0
H No fee No fee 1
1 2,000,011
B. Fee Regulations:
1. There shall be no refund or proration of the license application fee. For any
license issued on or after July 1 of any year, the annual license fee shall be
prorated by dividing the fee set forth in this section by twelve (12) and
multiplying the resulting sum by the number of months, or parts thereof,
remaining in the license year.
2. If an applicant conducts, or proposes to conduct, the retail sale of alcoholic
liquor within a single building in ways which would require the issuance of
more than one license to authorize all of the subject activities, the fee for the
second or any additional licenses shall be five hundred dollars ($500.00),
and no application fee shall be required for the second or any additional
licenses. Each license issued shall be publicly posted at the appropriate
location where alcoholic liquor is being offered for retail sale. All of the
subject activities must be conducted within a single building, and must be
under the same ownership and control. Nothing herein contained shall be so
construed as to prevent any hotel operator licensed under the provisions of
this chapter from serving alcoholic liquor to his registered guests in any room
or part of his hotel, if such liquor so served shall be kept in and served from a
licensed location, place, or premises in the hotel. Nothing herein contained
shall be so construed as to prevent_ any holder of a Class I liquor
license from servipg a customer in any movie theater if such liquor is
Additions are bold and double-underlined;a°1°*;^^°are stfwk thF
3
Ordinance 2015-LC-AL-G-1046
Amending Chap. 1,Title 4 re:
Movie Theater Liquor Licenses
Page 4 of 7
kept in, and served from, a bar located in the lobby of the movie
theater.
Section 4: Amendment to Title 4, Chapter 1, Section 15 of the Village Code. Section 8,
entitled "Conditions of 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:
4-1-15: CONDITIONS OF LICENSES:
F. Permitted Hours For Sale And Consumption: The hours during which a licensee shall
be permitted to sell, offer for sale, cause to be sold or to be given away, or to permit
the consumption in or upon any licensed premises of any alcoholic liquor shall be as
follows:
Monday 6:00 A.M. to 1:00 A.M. Tuesday
Tuesday 6:00 A.M. to 1:00 A.M. Wednesday
Wednesday 6:00 A.M. to 1:00 A.M. Thursday
Thursday 6:00 A.M. to 1:00 A.M. Friday
Friday 6:00 A.M. to 1:00 A.M. Saturday
Saturday 6:00 A.M. to 2:00 A.M. Sunday
Sunday 10:00 A.M. to 1:00 A.M. Monday
New Year's Eve 6:00 A.M. to 4:00 A.M. New Year's Day
Day
New Year's Eve 10:00 A.M. to 4:00 A.M. New Year's Day
Day Sunday
It shall be unlawful to keep open for business or to admit the public to or to permit
the public to remain within, or to permit the consumption of alcoholic liquor in or
upon any licensed premises by any person, including employees of the licensee,
other than during the above permitted hours; provided, however, that in the case
of restaurants, movie theater.% and hotels, such establishments may be kept
open for business, but alcoholic liquor may only be sold or consumed in or upon
such licensed premises by any person, including the employees of the licensee,
during such permitted hours.
Upon payment of an additional annual license fee of five hundred dollars
($500.00), the holder of a class A-1 license may extend its hours of operation on
Friday until two o'clock(2:00)A.M. on Saturday.
Additions are bold and double-underlined; are stfuck tlir^„^h
4
Ordinance 2015-LC-AL-G-1046
Amending Chap. 1,Title 4 re:
Movie Theater Liquor Licenses
Page 5 of 7
Section 5: Amendment to Title 4, Chapter 1, Section 16 of the Village Code. Section 8,
entitled "Temporary 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:
4-1-16: TEMPORARY i irF=nicGC CLASS I LICENSE RESTRICTIONS:
In addition to the other applicable conditions and requirements of this chanter.
Class I liquor licensees may sell alcoholic liquor subject to the followina
conditions and restrictions:
A. Alcoholic liquor shall only be drawn, poured—or mixed at the bar located in the
lobby of the movie theater-
B. Alcoholic liquor may be delivered and consumed only in the lobby bar area or
in the movie theater auditoriums
C. The movie theater may only serve alcoholic liquor in containers that are of a
different color, size and design than those in which it serves non-alcoholic
beverages.
Dm No more than 24 ounces of Beer may be sold in a single container at a time.
No more than eight ounces of Winp may he sold in a single container at a time.
E. Except for the sale of beer and wine, no drink may be sold that contains more
than three ounces of alcohol.
Fm Alcoholic liquor may not be sold unless the movie theater is open for the
showing of movies or for the holding of private rentals and events. Alcoholic
beverages may not be served more than one hour prior to the advertised
showing time of the first movie shown on a particular day, except for private
rentals and events.
G. The lobby bar and the lounge area may comprise no more than 20 percent of
the floor area outside of the movie theater auditoriums.
Section 6: Amendment to Title 4 Chapter 1 Section 24 of the Village Code. Section 24,
entitled "Prohibited Act," 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:
4-1-24: PROHIBITED ACTS:
A. Prohibited Activities on License Premises:
7. No holder of a liquor license, its agent or employee shall allow, permit or
suffer the following kinds of conduct; nor allow, permit or suffer books,
magazines, x coin operated motion picture devices, films, or movies
depicting, describing or relating to the following kinds of conduct to be
present on the licensed premises:
Additions are bold and double-underlined;,4 ' * are struc k thfo "h
5
Ordinance 2015-LC-AL-G-1046
Amending Chap. 1,Title 4 re:
Movie Theater Liquor Licenses
Page 6 of 7
a. The performance of acts, or simulated acts, of sexual intercourse,
masturbation, sodomy, bestiality, oral copulation, flagellation or any
sexual acts which are prohibited by law;
b. The actual or simulated touching, caressing or fondling of the breast,
buttocks, anus or genitals; or
c. The actual or simulated displaying of the breasts, pubic hair, anus,
vulva, or genitals; or
d. The permitting by a licensee of any person to remain in or upon the
licensed premises who exposes his or her genitals or anus to public
view.
. No holder of a liquor license shall present for public view on the
premises fil ms. movies. previews. trailers or advertisements which
are distinguished by their emphasis on matters depicting.
describing or relating to specified sexual activities or specified
anatomical areas.
99. No holder of a liquor license, its agent or employee shall allow, permit or
suffer any entertainment, fashion show, presentation or performance
which may include any person in a nude or seminude state, including, but
not limited to, servers, hosts, hostesses, dancers, singers, models or
other performance artists, or to permit role playing interactions.
Section 7: 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 8: 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]
Additions are bold and double-underlined; are°true'thfough.
6
Ordinance 2015-LC-AL-G-1046
Amending Chap. 1,Title 4 re:
Movie Theater Liquor Licenses
Page 7 of 7
APPROVED THIS 14th day of April, 2015
Gopal G. Lalmalani
Village President
PASSED THIS 14th day of April, 2015
Ayes: Trustees Adler, Baar, Manzo, Moy, Wolin, Yusuf
Nays: None
Absent: None
ATTES
cry
Charlotte K. Pruss
?i Village Clerk
Additions are bold and double-underlined;-A-1-fiens are stfuo k thfe t^'
7