S-526 - 05/08/1984 - AGREEMENT - Ordinances ORDINANCE NO. S- 526
AN ORDINANCE LICENSING AND REGULATING OUTSIDE CATERERS FOR
SINGLE EVENTS BOOKED BEFORE APRIL 24, 1984 AT THE
OAK BROOK BATH AND TENNIS CLUB
WHEREAS, the corporate authorities passed Ordinance No. G-344 at their
meeting of April 24, 1984; and
WHEREAS, in pertinent part Ordinance No. G-344 repealed Sections 14-21 and
14-22 of the Code of Ordinances of the Village of Oak Brook, which sections
pertain to the licensing and regulation of outside caterers at the Oak--Brook,.Bath
and Tennis Club; and
WHEREAS, the corporate authorities desire to give relief to those persons
who have booked or reserved single events for the Oak Brook Bath and Tennis Club
and who have relied on the Village's former policy of permitting outside caterers
at the Oak Brook Bath and Tennis Club;
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: That the provisions of the preamble hereinabove set forth are
hereby adopted as though fully set forth herein.
Section 2: That those persons who have booked or reserved single events at
the Oak Brook Bath and Tennis Club prior to April 24, 1984 may utilize a private
caterer, provided that all outside caterers for such single event comply with the
provisions ( formerly Sections 14-21 and 14-22 of the Code of Ordinances of the
Village of Oak Brook now known as Sections I and II) , which are attached hereto
and made a part hereof as Exhibit A. In no event shall any annual caterer
licenses be issued and the second sentence of Section I (former Section 14-21) is
hereby deleted.
Section 3: That the Village Clerk is hereby authorized and directed to
publish this Ordinance in pamphlet form in the manner provided by law.
Section 4: That this Ordinance shall be in full force and effect from and
after its passage, approval and publication in pamphlet form, as required by law.
Passed this 8th day of May , 1984.
Ayes: Trustees Imrie, Listecki, Maher, Philip, Rush and Watson.
Nays: None
Absent: None
Approved this 8th day of May , , 1984.
F
Village President
ATTEST:
\Y
Village Clerk
Approved as to Form:
l�C_'ET,t� ( x-•' Published
Village Attorney ate ---Fa—per
Not Published X
'FOOD CATERING SERVICES
AT OAK BROOK BATH AND
TENNIS CLUB s'
SECTION I -� -
7 _- ' '' 2 . )L.icense required; application.
It shall be unlawful to engage in business of-catering at
the Oak Brook Bath and Tennis Club without first having ;
Ye ee obtained a license therefor. The h ..n r , „ b at t r i _E 4 Z
a a„TT...-9 ($300 m n &r- en anilue!per 4`Y
ce-Ase ha_11 to the
4ssQa4jse. Single-event licenses shall also be available for a fee of
one hundred fifty dollars($150.00)for a single event. '
All applications for such licenses shall be made in writing on a
form provided for that purpose by the village and shall be accom-
panied by the appropriate license fee. Applications for single-
event licenses shall also be accompanied by the performance _ I -
bond and certificates of insurance required pursuant to the pro- t
visions of this section and shall be filed with the village no later €than sixty(60)days prior to the date of the proposed single event
for which the license is.sought.
SECTION II -
r e. Y '` 2 . Regulations applicable to catering ,
d ser-
vices
vices at the Oak Brook Bath and Tennis
Club. '
(a) Scope of license. The licensee will provide food service
- for special events at the Oak Brook Bath and Tennis Club,
.800 Oak Brook Road, Oak Brook, Illinois 60521, for the •
Period of the license issued. Such food service shall include
the provision of all food items,• including preparation, -
presentation and serving thereof and the provision of all .
nonalcoholic beverages not available at the bar area. '
(1) Facilities. The licensee may utilize the kitchen including _
all present equipment located in the kitchen plus all avail- '
able flatware, glassware, and tableware and may utilize -
freezer and cooler space as designated by the club manager.
(2) Maintenance and utilities. The village shall provide jani-
torial services and furnish all necessary water,electricity, - -
natural gas, refuse disposal service and insect and rodent -
control at the club house.The licensee shall,at the conclu-
sion of each special event, clean the kitchen area. Such -
cleaning shall include washing of all dishes,glassware and
equipment, mopping and cleaning of floors, and any and -
all other cleaning required to put the kitchen area in a
neat, orderly and clean condition. In addition, licensee
shall place all trash in an available dumpster prior to the '
conclusion of the special event, close all trash container -
EXHIBIT "A" page 1 of 8
' lids and clean all areas immediately surrounding any such
trash containers.
(3) Commodities and repairs. Licensee shall provide all
labor, food supplies, miscellaneous perishables, clean-
ing supplies (exclusive of dishwasher supplies), and
linen supplies as necessary to fulfill the obligations
under the license for each special event. Licensee
shall, for each special event, provide management serv-
ices, including employee supervision and scheduling,
material ordering, inventory control, and quality con-
trol. Licensee shall maintain all equipment now or
hereinafter installed in the bath and tennis club in
good working order, provided that the village will be
responsible for major repair of all kitchen equipment
owned by it. Licensee shall give the village prompt
notice of any such equipment needing repair. Licensee
shall moreover be responsible for the cost of providing
food service for all special events which it undertakes
to service.
(4) Damage and breakage. Licensee shall reimburse
' village for any damage or breakage of village's
g g
property (including but not limited to dishes,
glassware and kitchen equipment) for all such damage
or breakage in excess of customary and usual damage
and breakage for similar restaurant and food service
operations.
(5) Reimbursement for expenses.The licensee shall reimburse
the village for any expenses incurred by the village as a
result of failure of licensee to perform any of its responsi-
bilities under the provisions of this article.
(b) Standards for food service. The licensee shall meet the
standards herein set forth for presentation of food, quality
of food service, sanitation, and operations so as to provide a
high quality food service at the bath and tennis club with a
variety of food service products to satisfy the needs of
various types of club patrons at competitive prices.
EXHIBIT "A" Page 2 of 8
s
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(1) Presentation. Food services shall be presented in an t'
aesthetically pleasing and timely manner. Menu items
shall be carefully prepared and arranged to maximize
their appeal. Items served shall include the use of
appropriate garnishes and be served in a professional
and personal manner on a timely basis. Only linen
napkins may be used for any special event occuring '
after 5:00 p.m., and no plastic flatware may be used at
any time.
(2) Quality. The licensee shall utilize only high quality
food products and shall be responsible for the
insurance of consistent food quality and portions.
Such quality shall include the utilization of items such
as crisp, clean, well-drained greens in salads and the
utilization of fresh bakery goods.
(3) Sanitation. Food items shall be prepared and served in
a clean setting utilizing proper procedures. The
operating standards of the DuPage County Health
Department shall be the minimum standards to be
met by the licensee.
(4) Operations.The licensee shall designate a manager for each
special event who shall be responsible for that special event
and coordination of provision of catering services with the
village's bath and tennis club director (hereinafter referred
to as the "club director"). The manager shall, as a mini-
mum, be present at the bath and tennis club for some
period of time during the particular special event and shall
assure the provision of its employees until all guests have
left the premises.The village will bill and collect any charges
levied against patrons utilizing the food service. Such bill- '
ings shall include fifteen(15)per cent service charge which
will be automatically added to all food service in lieu of
gratuity.
(5) Licensee's personnel. The licensee shall provide all person- '
nel necessary for the orderly, efficient and expeditious con-
duct of each special event,which personnel shall be attired
in an appropriately distinguishable uniform provided by
'EXHIBIT "A" Page 3 of 8
o
a .
the caterer. The licensee shall provide at least one wait-
er/waitress for each twenty-five (25) estimated patrons at
the special event who shall remain on duty until the con-
elusion of the special event involved.The club director may ,
require the licensee to provide additional personnel for any
special event where circumstances warrant such need. r
(e) Scheduling of special events. Special events shall be -
booked only by the club director and shall not be booked by
the licensee independently. Special events may be booked
for any time prior to the season-opening party or following
Labor Day in accordance with the booking policies of the _
village. Between the opening party and Labor Day,
nonmembership special events may be scheduled only for
evenings after 5:00 p.m., except Fridays.The village agrees to give
licensee at least ten (10) days'prior notice of all scheduled special
events. '
Licensee shall provide catering services for all special '
events as directed by the club director who shall have the
exclusive right to direct licensee to provide such services.
"Special events," for purposes. of this division, means all '
special events at the Oak Brook Bath and Tennis Club
including club membership special events, holiday dinners
and Friday dinner special events.
(d) Supervision and control of special events.The village's
club director shall be responsible for coordinating the
various elements of all special events. All scheduling, billing
or charges for a special event shall,be made by the village
in accordance with the procedures set forth herein for use of
the bath and tennis club. Moderate size group luncheons for
members and their guests may be arranged through the club
director during regular luncheon food service periods
providing there is no interference with other members' use
-of the facility. The appropriateness of any such events shall
be subject to the exclusive determination of the club
director.
(e) Mentc. Dinner.selection list and prices listed thereon shall
be subject to the approval of the club director. Moreover, such
prices may not be changed without the approval of the club
EXHIBIT "A" Page 4 of 8
1
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director. The suggested menu shall be provided by the licensee
for the review and approval of the club director.
(f) Payment.
(1) General. All charges to patrons for food and beverage
service shall be billed by the village and the licensee
shall have no responsibility for the billing or
collection of such charges to patrons of the bath and
tennis club.
(2) Special events.
a. The village will pay to the licensee for food
services rendered for a special event according to
the following procedures:
1. The licensee shall submit to the village,on a form
provided by the village, a statement of all food
charges imposed in conjunction with each individ-
ual special event.
2. The licensee's statement shall contain the total i
gross food charges, less all credits entitled to the
village; the balance, plus a fifteen (15) per cent '
service charge thereon for the total due to licensee, -
3. Credits due the village shall be seventeen(17)per
cent of the gross food charges, exclusive of any
service charges or two dollars ($2.00) per person
served,whichever is greater.
b. All charges made on the sales of alcoholic beverages
and all other beverages served by the village shall be
the property of the village and shall not be included in
the licensee's statement of food charges as referred to
in subparagraph(2)a. j
c. . The village agrees to pay licensee all monies due for -
special events within two (2) weeks of the receipt by
the village of the licensee's completed statement for
the particular special event provided said completed
statement is received by the village within two (2)
1 •
EXHIBIT "A" Page 5 of 8
c:
weeks of the special event for which this statement
applies. ;
(g) Performance bond. Single-event licensees shall post a
one hundred dollar ($100.00) cash bond with a license
application. Such bond shall be to assure licensee's
compliance with its obligations under sections 14-22 (a)(2)
and 14-22 (a)(4) of this division, and the village may utilize
all or any part of said bond to remedy any breach or _
nonperformance of licensee's duties under said sections.
(h) Rental and purchase of equipment The cost of rental or
purchase of any specialized equipment or material needed for
food service presentation at any special event shall be the sole
responsibility of the licensee, excluding the rental of chairs, ta-
bles, tableware and glassware. The rental costs of these items
shall be part of the cost of the special event. r�
(i) Alcoholic beverages. The licensee agrees that all
alcoholic beverages served at the bath and tennis club shall
only be served in accordance with all ordinances of the
village and laws of the State of Illinois and only in
conjunction with the liquor licenses issued for those
premises.
(j) Insurance. The licensee shall maintain in full force and $�
effect the following types of insurance for the period of the ^1
license for its operation carried on at the bath and tennis
club property:
(1) Dram shop, maximum statutory limits;
(2) Public liability,$500,000.00 individual to$1,000,000.00
aggregate; -
(3) Property damage,$500,000.00 individual,$1,000,000.00
aggregate;
(4) Product liability, $500,000.00 individual, $1,000,000.00
aggregate;
(5) Workmen's compensation shall be written on a >
comprehensive policy through an insurance company '
. qualified to do business in the State of Illinois.
i
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EXHIBIT "A" Page 6 of 8 t
Certificates of Insurance shall be filed with and approved by (\
the village attorney prior to the licensee's use of the bath
and tennis club facilities for the purpose of the license.
Moreover, the village shall. be named as an additional
assured under any such insurance. The insurance required
herein may not be cancelled prior to the termination of the
license. Cancellation or lapse of the insurance required
hereunder shall result in the termination of the license.
(k) Indemnity. The licensee shall agree to defend,
-indemnify and hold the village and its officers, agents, and -
employees harmless from any suits, claims, demands, - -
set-off or judgment arising from this agreement or actions
or omissions by licensee .or its agents or employees. The
obligation of the licensee shall include and extend to the
payment of reasonable attorney's fees for representation of
the village, its officers, agents, and employees in litigation
concerning the aforesaid matters and includes expenses,
court costs and fees, it being understood that the licensee
shall have the right to employ all such attorneys to
represent the village and its officers, agents, and employees
in such litigation, subject to the approval of the village,
which approval shall not be unreasonably withheld. The
licensee shall have the right to appeal to any court of .
appellate jurisdiction any judgment taken against the '
village, its officers, agents, and employees, and the village
shall join in such appeal if requested.
Notwithstanding any of the foregoing, the above para-
graph shall not apply to any litigation instituted by the
licensee against the village arising out of any act or omission
of the village relating to its undertakings herein.
(1) Mechanic's liens. The licensee shall not permit any
mechanic's lien or liens to be placed upon the bath and
tennis club or Sports Core premises or any improvement ! -
thereon. In case of the filing of any such lien, the licensee
will promptly pay same. If default in payment thereof shall
continue for thirty (30) days after written notice thereof from
the village to the licensee, the village shall have the right
and privilege, at the village's option, of paying the same or
EKHIBIT "A" Page 7 of 8
r _
any portion thereof without inquiry as to the validity
thereof, and the amounts so paid, including expenses and '
interest, shall be so much additional indebtedness hereunder
due from the licensee to the village and shall be repayed to
the village immediately upon rendition of a bill therefor.The
village may alternatively deduct any such indebtedness
from amounts due to licensee by the village.
(m) Nonliability of village. The village shall not lie liable
to licensee for any damage occasioned by failure to keep.the
bath and tennis premises in repair or for any damage done
or occasioned by plumbing, gas, water, sprinkler, steam or
other pipes or sewage or the bursting, leaking or running of
any pipes, tank or plumbing fixtures in, above, upon or
about-the bath and tennis club premises or any improve-
ment the
nor for any damages arising from acts or
omission by any owners or occupants of adjacent property.
(n) Independent contractor, The licensee hereby agrees
and admits that it is an independent contractor for all
purposes and agrees to protect its employees by carrying
workmen's compensation insurance and all other insurance
otherwise required by law.
(o) Termination. _If the licensee defaults in the per-
formance of his duties as specified herein or violates any of
these regulations, it shall be lawful for the village at any '
time thereafter at its election to terminate his license and to
enter the premises or any part thereof and to remove
licensee or any persons occupying the same without
prejudice to any other remedies which might be used to
assure compliance with these regulations.
(p) Fire and casualty. In case the bath and tennis club
premises shall be rendered untenable by fire or other
casualty, the village may at its option terminate the licensee .
or repair the subject premises within sixty (60) days. Upon
failure to make such repair or upon the destruction of said '
premises by fire or other casualty, the license shall be
automatically terminated.The village shall notify the licensee of
its intent under the aforesaid election within twenty-one (21)
days of such casualty.
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EXHIBIT "A" Page 8�of 8