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G-1047 - 05/26/2015 - LICENSE -ALCOHOL - Ordinances Supporting Documents ITEM 6.D.9 PGE OF oak Is, 0 CO 0 G _ f 4 OOUN111 AGENDA ITEM! Regular Board of Trustees Meeting of May 26, 2015 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-1047, "An Ordinance Amending Chapter 1 of Title 4 of the Village Code of the Village of Oak Brook, Illinois Regarding Liquor License Regulations" Back-ground/History: Section 4-1-15 of the Village Code requires liquor licensees to maintain a minimum amounts of general liability and liquor liability insurance ("Insurance Requirements'. After further review of this Section, and in consultation with the Village Attorney, Village Clerk Charlotte Pruss and Deputy Village Clerk Kathy Vonachen recommend that Section 4-1-15 of the Village Code be amended to clarify that the Insurance Requirements are not satisfied by insurance policies that contain a self-insurance retention provision (SIR). An insurance policy that contains a SIR provision requires the policy holder to pay a certain dollar amount specified in the policy be ore the insurance company will respond to a loss or claim. This means that if the policy holder cannot satisfy its SIR requirement, the insurance company is not required to payout on a claim. A SIR provision differs from an insurance policy with a deductible because, under a deductible policy, the insurance company is contractually obligated to pay out on a claim even if the insured fails to satisfy its deductible. Recommendation: The recommendation is for passage of Ordinance G-1047, "An Ordinance Amending Title 4, of Chapter 1, Section 15 of the Village Code of the Village of Oak Brook, Illinois Regarding Liquor License Regulations " regarding Insurance Requirements. ORDINANCE 2015-LC-AL-G-1047 AN ORDINANCE AMENDING SECTION 15.A OF CHAPTER 1 OF TITLE 4 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS REGARDING LIQUOR LICENSE INSURANCE REQUIREMENTS WHEREAS, the Village of Oak Brook, Illinois ("Village's 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 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'j, the Village regulates the number, kind, and classification of licenses for retail sales of alcoholic liquor; and WHEREAS, Section 4-1-15.A of the Village Code requires liquor licensees to maintain general liability and liquor liability insurance from responsible insurance companies authorized and licensed to do business in Illinois ("Insurance Requirement'j; and WHEREAS, Village staff has recommended the Insurance Requirement should be amended to clarify that an insurance policy that includes a self-insurance retention term (SIR) requiring a licensee to pay a specified amount before the insurance company responds to a loss or claim ("Proposed Amendment's does not satisfy the Insurance Requirement; 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 adopt the Proposed Amendment; 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 15, Subsection A of the Village Code. Subsection A, entitled "Insurance Requirements," of Section 15, 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: A. Insurance Requirements: 1. All licensees shall have in effect, prior to the issuance of any liquor license hereunder, 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, and shall submit to the village a certificate or policy of insurance as evidence of such coverage, issued by an insurance company licensed to do business in the state and have 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. A general Additions are bold and double-underlined;A°W;^^° are A...,&thFO.^� Ordinance 2015-LC-AL-G-1047 Amending Section 4-1-15 of the Village Code Re: Liquor License Requirements Page 2 of 2 liabili y insurance policy containing a self-insurance retention r�uire lent(SIR) does not satisfy the requirements of this subsection. 2. In addition, each liquor license applicant shall furnish evidence satisfactory to the liquor control 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). liquor liability insurance policy containing a self-insurance retentio requirement(SIR) does not satisfy the requirements of this subsection Section 3: 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 4: 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. APPROVED THIS May 26th day of May, 2015 Gopal G. Lalmalani Village President PASSED THIS 26th day of May, 2015 Ayes: Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk Additions are bold and double-underlined;a°'°*i^^°we strae-*hf!E)u ' 2 #35588483 vl