S-7 - 06/17/1958 - LICENSE -ALCOHOL - Ordinances O 'DINANCE NO. S-7
AN ORDINANCE REGULATING THE SALE
OF ALCOHOLIC LIQUOR ',WITHIN THE
VILLAGE OF OAKBROOK, DU PAGE
COUNTY, ILLINOIS
BE IT ORDAINED by the President and Board of Trustees of
the Village of Oakbrook, County of Du Page, State of Illinois , as
follows:
Section 1. Definitions : Unless the context otherwise
requires , the following terms as used in this ordinance shall
be construed according to the definitions given below,
Alcoholic Liquor - Any alcoholic spirits wine or
beer, and every liquid or solid , compounded or not,
containing alcoholic spirits , wine or beer, and capable
of being consumed as a beverage by human beings except
that the provisions of this ordinance shall not apply
to alcohol used in the manufacture of denatured alcohol
produced in accordance with Acts of Congress and regula-
tions promulgated thereunder, nor to any liquid or
solid containing one-half of one percent, or less, of
alcohol by volume.
Retail Sale - The sale, or offering for sale, of
alcoholic liquor for use or consumption and not for
resale in any form.
Section 2, License Required: It shall be unlawful
for any person, firm or corporation to sell or offer for
sale, at retail , within the limits of the Village of Oakbrook,
any alcoholic liquor without having first secured a retail
liquor dealer's license, or in violation of the terms of such
license or in violation of the provisions of this ordinance.
Section 3. Classes of licenses: Retail liquor dealers '
licenses shall be divided into two classes as follows:
A. Class "A" license which shall be issued for a
period of one year.
B. Class "B" license which shall be issued for a
period of twenty-four hours only.
Section 4. Liquor Control Commissioner: The President
of the Board Trustees of the Village R akbrook shall be
the local liquor control commissioner and shall be charged
with the administration in said village of the appropriate
provisions of this ordinance and other ordinances or resolu-
tions relating to alcoholic liquor as may be enacted.
The said President of the Board of Trustees may appoint
not more than two persons residing in said village to assist
him in the exercise of the powers and the performance of the
duties provided for, in accordance with the provisions of the
Illinois Statutes in such cases made and provided.
Section S. Powers of Commissioner: The liquor control
commissioner shall also have the following powers , functions
and duties with respect to licenses granted hereunder:
A. To grant. and/or suspend for not more than thirty
days, or revoke for cause , all local licenses issued to
persons for premises within his jurisdiction;
B. To enter or to authorize any Law enforcing
officer to enter at any time upon any premises licensed
hereunder to determine whether any of the provisions of
t- is Act or any rules or regulations adopted by him or
by the State Commission have been or are being violated ,
and at- such .t:Lme, to exami-ne said Ipremi Sed Of . !d 1
in connection there=with;
i p
C. To receive complaint from any citizen within hit
jurisdiction that any of the !provisions of this Act,
or any rules or regulation` adopted pursuant hereto,
have been or are being vidated and to act upon such
complaints in the manner hereinafter provided;
D. To receive local license fees and pay the same
forthwith to the city, village, town or coun .y treasurer
as the case may be.
Section 6. Applications : Applications for such licenser
shall be made to the Liquor Control Commissioner in writing,
signed by the applicant, if an individual , or by a duly
authorized agent thereof,- if a corporation; if a co-partnership
by the persons entitled to a ehare in the profits- thereof, veri-
"fled by oath or affidavit and shall contain the following
information and statements:
A. The name, age, and address of the applicant in the
case of an individual; in the case of a co-partnership,
the persons entitled to share in the profits thereof, and
in the case of a corporation, for profit, the date of
incorporation, the objects for which it was organized ,
the names and addresses of the officers and directors ,
and if a majority in interest of the stock of such
corporation is owned by one person or his nominees , the
name and address of such person;
B. The citizenship of the applicant, his place of
birth, and if a naturalized citizen, the time and place
of his naturalization;
C. The character of business of the applicant; and
in case of a corporation, the objects for which it was
formed;
D. The length of time that said applicant has been in
business of that character, or in the case of a corpor-
ation, the date on which its charter was issued;
E. The location and description of the premises or
place of business which is to be operated under such
license;
F. A statement whether applicant has made similar
application for a similar other License on premises other
than described in this application, and the disposition
of such application;
G. A statement that applicant has never been convicted
of a felony and is not disqualified to receive a Licence
by reason of any matter or thing contained in this
ordinance, laws of this state , or the ordinances of this
village;
H. Whether a previous license by any state or subdivi-
sion thereof, or by the federal government, has been re-
voked , and the reasons therefor; and
I . A statement that the applicant will not violate any
of the Laws of the State of Illinois or of the United
States , or any ordinance of this village in the conduct
of his place of business .
Section 7. No license shall be granted to any applicant
until such applicant- shall furnish evidence satisfactory to
the liquor control co-mm-issioner that such applicant is covered
by a`policy of dram shop insurance by a responsible insurance
company authorized and licenses to do business in the state
of Illinois insuring such applicant against liability for any
injury or death which such applicant may incur under the
provisions of Chapter 43 of the Illinois Revised Statutes
(L957 Edition) in the amount of Ten Thousand ($101000) Dollars
to Twenty Thousand ($20!!,,�00��0.0n0) Dollars for bodily injury and
death; Ten thousand ($i.0,Llvv.OL) Dollars for property damage
Liability; and Ten Thousand ($10,000.00) Dollars for loss of
rAt»M,_- f1'� citt'1hnT'1'•.
Section 8, Restrictions on Licenses: No license shall
be issued to any person ineligible to receive same by virtue
of paragraph 120 of Chapter 43 of the Illinois Revised
Statutes (1957 edition) .
Section 9. Fees - Term: The fee for any Class "A"
license granted ereunder Shall be in the amount of Five
Hundred ($500.00) Dollars per year. Each such license shall
terminate on the thirtieth day of June next following its iss-
uance. The fee to be paid shall be reduced in proportion to
the full calendar months which have expired in the license
year. The fee for any Class "B"license granted hereunder
shall be Ten ($10.00) Dollars.
Section 10. Number of Licenses : Until otherwise altered
or changed by ordinance or resolution of the Board of Trustees
of the Village of Oakbrook, the number of Class "A" Licenses
issued within the Village of Oakbrook shall be limited to one
and the number of class 'B" licenses shall not be limited.
Section 11. Disposition of Fees: All license fees shall
be paid to t e President at the time application is made and
shall be forthwith turned over to the Treasurer. In the event
the license applied for is denied , the fee shall be returned
to the applicant by the Treasurer upon ordercE the President.
Section 12 List: The President shall keep or cause to
be kept a comp ete record and shall furnish the clerk and
Treasurer each with a copy thereof; upon the issuance of any
new license, or any revocation of any -old license, the
President shall give written notice to each of these officers
of such action.
Section 13. Transfer and Renewal of License: A license
shall be purely a personal privilege and shall not constitute
property, nor shall it be subject to attachment, garnishment
or execution, nor. shall it be alienable or transferable,
voluntarily or involuntarily, or subject to being encumbered
or hypothecated. Such license shall not descend by the laws
of testate or inteEtate devolution, but it shall cease upon
the death of the licensee, provided that the executors or
administrators of the estate of any deceased licensee, and
the trustee of any insolvent or bankrupt licensee, when such
estate consists in part of alcoholic liquor, may continue
the business of the sale of alcoholic liquor under order of
the appropriate court , and may exercise the privileges of the
deceased or insolvent or bankrupt licensee after the death of
such decedent, or such insolvency or bankruptcy until the
expiration of such license but not longer than six months
after the death, bankruptcy or insolvency of such licensee.
A refund shall be made of that portion of the license fees
paid for any period in which the licensee .hall be prevented
from operating under -uch license in accordance with the
provisions of this paragraph.
Any holder of a Class "A" license may renew his License at
the expiration thereof, provided that he is then qualified
to receive a license and the premises for which such renewal
license is sought are suitable for such purpose; AND, PROVIDED
FURTHER, that the renewal privilege herein provided for shall
not be construed as a vested right which shall in any case
prevent the president and. board of trustees from decreasing
the number of licenses to be issued within his jurisdiction.
Section 14, ' Change of Location: A retail liquor dealer 's
license shall permit the sale of alcoholic liquor only in the
premises described in the application and license. Such
location may be changed only upon the written permit to make
such change issued by the President. No change of location
shall be permitted unless the proposed new location is a
proper one for the retail -ale of alcoholic liquor under the
law of this state and the ordinances of the village.
Section 15. Sanitary Conditions: All premises used for
the retail sale of alcoholic liquor, or for the storage of
such liquor for such sale, shall be kept in a clean and
sanitary condition, and shall be kept in full compliance with
the ordinances regulating the condition of premises used for
the storage or sale of food for human consumption.
Section 16. Closing - Election Da s: It shall be law-
ful to keep open for business and to allmit the public to any
premises in or on which alcoholic liquor is sold at retail
each day of the week, Sundays included ; provided , however,
no person shall sell at retail any alcoholic Liquor on the
day of any national, state, county or municipal election,
including primary elections , during the hours the polls are
open within the political area in which such election is
being held.
Section 17. Certain Sales Prohibited: It shall be
unlawful or a licensee to sell, give or 2eliver alcoholic
Liquor to any minor or to any intoxicated person. or any person
known by him to be a habitual drunkard , spendthrift, feeble-
minded or distracted person.
Section 18 Lewdness Prohibited: It shall be unlawful
for any licensee hereunder to permit or allow any lewd woman
or prostitute to remain in and about any such premises , or
to allow or permit any soliciting to prostitution practices,
to prostitution or lewdness , or any misbehavior to be conducted
on said Licenses premises.
Section 19. Revocation: In addition to the other
powers granted hereunder; the liquor control commissioner
may revoke any license granted hereunder for any violation
of any provision of this ordinance or for any violation of
any state law pertaining to the sale of alcoholic liquor.
Section 20. Penalty: Any person, firm or corporation
violating any provisions of this ordinance shall be fined
not less than Five ($5.00) Dollars nor more than Two
Hundred ($200.00) Dollars for each offense; and a separate
offense shall be deemed committed on each day during or on
which the violation occurs or continues.
Section 21. This ordinance shall take effect and be
in full foRe rom and after its passage and publication
as provided by law.
Passed and approved by the President and Board of
Trustees of the Village of Oak Brook, Du Page County, Illinois ,
this 17th day of June, A.D,I 1958.
sf T. A. Mohlman
President
ATTEST:
sl Phyllis Perkins
Phyllis Clem