G-1057 - 10/13/2015 - LICENSE -ALCOHOL - Ordinances ORDINANCE 2015-LC-AL-G-1057
AN ORDINANCE AMENDING CHAPTER 1 OF TITLE 4
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS
REGARDING "BYO" LIQUOR REGULATIONS
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 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 or regulations
that specifically permit or regulate liquor licensees who desire to serve beer or wine brought into the
licensee's establishment by patrons ("BYO Regulations'j; 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 adopt BYO Regulations to
permit and govern the service of beer or wine brought into a licensee's establishment by patrons;
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 3 of the Village Code. Section 3,
entitled "Definitions," 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:
SALE: Any transfer, exchange or barter, in any manner or by any means whatsoever, for
a consideration and not for resale, including all sales made by any person, except a
person acting in the privacy of his/her home, or as part of a religious ceremony, whether
as principal, proprietor, agent, servant or employee, and including, but not limited to, all of
the following acts when done for consideration:
A. The selling of liquor;
B. The delivery of liquor, without additional charge, with a meal or with
entertainment or the providing of samples of liquor as part of a promotion or
sales device of any kind;
C. The dispensing of liquor;
D. The providing of mix, ice, water or glasses for the purposes of svimiM or
mixing drinks containing alcoholic liquor for consumption on the same premises;
E. The pouring of liquor;
Additions are bold and double-underlined, a°'°*i^^°me stfuek'hmugl'
Ordinance 2015-LC-AL-G-1057
Amending Chap. 1,Title 4 re:
"BYO"Liquor Regulations
Page 2 of 6
F. The providing of"set-ups"containing alcoholic liquor.
Section 3: 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.
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.
Additions are bold and double-underlined; d°'°*4^^° °r°stt:uek thfou
2
Ordinance 2015-LC-AL-G-1057
Amending Chap. 1,Title 4 re:
"BYO"Liquor Regulations
Page 3 of 6
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.
CLASS I: 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.
CLASS J: The consumption of beer and wine on the premises of a restaurant
which beer or wine has been brought into the licensed premises by a patron for
consumption while being served a meal on the premises, subject to the conditions
and restrictions set forth in this chapter•
Section 4: 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 26
A-2 $2,000 .00 $2,750.00 0
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
Additions are bold and double-underlined;Aelet ons are stfuc k through
3
Ordinance 2015-LC-AL-G-1057
Amending Chap. 1,Title 4 re:
"BYO"Liquor Regulations
Page 4 of 6
F No fee $50.00 per event Not
applicable
G No fee No fee 0
H No fee No fee 1
I $2,000.00 $2,750.00 1
�! $2,000.0 $344 Q
Section 5: Amendment to Title 4, Chapter 1, Section 16.5 of the Village Code. Chapter 1,
entitled "Liquor Control," of Title 4, entitled "Business and License Regulations," of the Village Code shall
be amended further to add a new Section 16.5, which shall read as follows:
4-1-16.5: CLASS J LICENSE RESTRICTIONS:
In addition to the other applicable conditions and requirements of this chanter.
Class J liquor licensees may serve alcoholic liquor brought into the license
premises by a patron subject to the following provisions. conditions and
restrictions:
A. It shall be unlawful:
1. To serve any type of alcoholic Ijguor that Os brought into the
licensed premises by a patron other than beer or wine:
2. For any person under the age of 21 years to bring beer or wine into
a licensed premises:
3. For any person to bring beer or wine Onto the licensed premises in
an unsealed container or receptacle, or an a container or receptacle
other than its orlajnal an ckage as defined jn Section 1-3.06 of the
Loquor Control Act of 1934(235 ILCS 511-3.061:
4. For a person to brim more than 750 mjllilrters of wane or 36 ounces
of beer Onto the licensed_premises per day:
5. For a Ijguor licensee to serve any person beer or wine that js
brought into the licensed premises by a patron who is:
a. Under the age of 21 years: or
b. Not seated at a table and being served a meal:
6. For any person other than an employee of the licensed premises to
open or pour the container of beer or wine:
7. For any parson to exit the licensed premises with an open container
of beer or an open container of wine provided, however. that
person may exit the Ijcensed premises with one partially consumed
bottle of wane that has been sealed in compliance with Section-15M
of the Liquor Control Act of 1934(235 ILLS 5/6-33_-
8. To store on the Ijcensed premises after the permitted consumptjo
hours any unconsumed beer or wine that was brought Onto the
licensed premises , - a patron.
Additions are bold and double-underlined; a°1°*;^-s are stfuck th-eug.
4
Ordinance 2015-LC-AL-G-1057
Amending Chap. 1,Title 4 re:
"BYO"Liquor Regulations
Page 5 of 6
B. The licensed premises may charge a service or corkage fee for the serving
of beer or wine that is brought into the licensed premises by a patron.
Section 6: Amendment to Title 4, Chapter 1, Section 24 of the Village Code. Section 24,
entitled "Prohibited Acts," 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:
10. No liquor licensee may permit a patron to brang alcoholic liquor
into a licensed premises for consumption in the licensed
premises exce tp for:
a. Class A-1 liquor licensees with banquet hall facilities
containing not less than three thousand (3.000) square feet
of floor space open to the ;
b. Class A-2 liquor licensees with banquet hall facilities
containing not less than three thousand (3,000) square feet
of floors ap ce open to the public:
c. Class J liquor licensees:
d. Class E liquor licenses._provided that such consumption
occurs only within hotel or motel rooms; and
e. Special Event licensees specifically authorized within such
special event license to allow patrons to bring alcoholic
liquor onto a licensed premises for consumption on the
licensed premises.
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; Aeleii ^° are°+: ek throe '
5
Ordinance 2015-LC-AL-G-1057
Amending Chap. 1,Title 4 re:
"BYO"Liquor Regulations
Page 6 of 6
APPROVED THIS 13th day of October, 2015
Gopal G. Lalmalani
Village President
PASSED THIS 13th day of October, 2015
Ayes: Trustees Baar, Manzo, Moy, Tiesenga, Yusuf
Nays: None
Absent: Trustee Adler
t.
ATTE
r Charlotte K. Pruss
Village Clerk
Kt a.
4`4E" di3 A�
Additions are bold and double-underlined; aelefi s are stfuek thfe h
6