G-265 - 05/13/1980 - LICENSE AGREEMENT - Ordinances i
ORDINANCE NO. G- 265
AN ORDINANCE PROVIDING FOR RULES AND REGULATIONS FOR
THE PROVISION OF FOOD SERVICE AND FOR THE LICENSING
f OF FOOD CATERING SERVICES AT THE OAK BROOK BATH & TENNIS CLUB
WHEREAS, the Village of Oak Brook has heretofore acquired the
Oak Brook Sports Core, which the Oak Brook Bath, $ Tennis Club is a
part of; and
WHEREAS, it is in the best interest of the Village of Oak Brook
to regulate food catering services at said Bath $ Tennis Club.; and
WHEREAS, the corporate authorities deem the establishment of
reasonable regulations governing the use of the said Bath & Tennis Club
by food service caterers to be in furtherance of the public health,
safety and welfare;
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: It shall be unlawful to engage in business of
catering at the Oak Brook Bath & Tennis Club without first having ob-
tained a license therefor. The license fee shall be Two Hundred-Fifty
Dollars ($250. 00) per year for an annual license, which license
shall terminate the 30th day of April next following its issuance.
Single-event licenses shall also be available for a fee of Fifty Dollars
($50. 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 accompanied
by the appropriate license fee .
Section 2 : Regulations applicable to catering services at the
Oak Brook Bath & Tennis Club.
A. Scope of License : The licensee will provide food service
for special events at the —Oak Brook Bath $ 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 , in-
cluding preparation, presentation and serving thereof and the provision
of all non-alcoholic beverages not available at the bar area.
1. Facilities : Licensee may use the kitchen facilities .
located at the Bath & Tennis Club to provide services
at that location. Licensee shall not use the facili-
ties to provide food services at -locations other than
the Bath & Tennis Club. Licensee may utilize the
kitchen including all present equipment located in the
kitchen, plus all available flatware, glassware ,
utensils and tableware.
2. Maintenance and Utilities : The Village shall provide
janitorial services at the- clubhouse and the Village
shall also furnish all necessary water, electricity,
natural gas , refuse disposal service, and insect and
rodent control . Licensee shall at the conclusion of
each special event clean the kitchen area. Such
cleaning shall include washing of all dishes , utensils
and glassware, mopping and cleaning of floors , and
any and all other cleaning required to put the kitchen
area in a neat, orderly and clean condition.
Ordinance No, 6- 265
Page two
Bath . $ Tennis Club - Regu-
lation of Caterers
3. Commodities & Repairs : Licensee shall provide all
Tabor, 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 ser-
vices , 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 & Tennis Club in
good working order, provided that the Village will
be responsible for major repair of all kitchen equip-
ment 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 property (in-
cluding 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 .
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 a.s to provide a high quality
food service at the Bath & Tennis Club with a variety of food service
products to satisfy the needs of various types of club patrons at
competitive prices .
1. Presentation: Food services shall be presented in an
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 PM, 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 in-
surance 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 "oper-
ating 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
especial event who shall be responsible for that
special event and who shall coordinate the provision of
cave ring services with the Village ' s Bath & Tennis Club
Director, hereinafter referred to as the "CLUB DIRECTOR".
The manager shall , as a minimum, be present at the Bath
& Tennis Club for some period of time during the parti-
cular special-- event. Payment for special event services
will not involve cash but will be handled through
charges . The licensee shall be responsible for properly
charging patrons in the manner hereinafter set forth.
The Village will bill and collect any charges levied
against patrons utilizing the food service . Such
billings shall include fifteen (IS%) percent service
f
f
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Ordinance No. G-26S
Page three
Bath & Tennis Club - Regu-
lation of Caterers
charge which shall be automatically added to all
food service in lieu of gratuity.
S. Licensee ' s Personnel : Licensee shall provide all per-
sonnel necessary for the orderly, efficient and expedi-
tious conduct of each special event Licensee shall
provide at least one (1) waiter/waitress for each thirty
(30) estimated patrons at a special event. The Club
Director may require licensee to provide additional per-
sonnel for any special event where circumstances warrant
that need.
C. 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, non-membership special events may be scheduled only for Tuesday,
Wednesday, Thursday, Friday and Saturday evenings after 5 :00 PM. 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 Ordinance, means all special events at the Oak Brook
Bath & Tennis Club including Club membership special events, holiday
dinners and Sunday 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 pro-
cedures set forth herein for use of the Bath & 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. Menu: Dinner selection list and prices listed thereon shall
be subject to the approval of the Village Manager or his authorized
agent Moreover, such prices may not be changed without the approval
of the Village Manager. The suggested menu shall be provided by the
licensee for the review and approval of the Village Manager or his
authorized agent.
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 & 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
(i) The licensee shall submit to the Village a
statement of all food charges imposed in conjunction
with each individual special event.
Ordinance No.- G-265
Page four
Bath $ Tennis Club - Regu-
lation of Caterers
(ii) The licensee ' s statement shall contain the :
a) total gross food charges, less ; b) all
credits entitled to the Village ; c) the balance,
plus ; d) a fifteen (150) percent service charge
thereon for the total due to licensee ,
(iii) Credits due the Village shall be ten (100)
percent of the gross food charges , exclusive
of any service charges , or $1. 00 per person
served, whichever is greater.
b. The service charge referred to in subparagraph 2 (a)
(ii) above shall not be imposed on any alcoholic
beverages served by the licensee or to any beverages
served by the Village. However, in addition to the
total due. pursuant to subparagraph 2 (a) (ii) above,,
the licensee shall receive from the Village a
fifteen (150) percent service charge on all bever-
ages served by the licensee. This service charge
shall not apply to any beverages served by the
Village.
c. All charges made on the sales of alcoholic bever-
ages and all other beverages served by the Village,
exclusive of service charges thereon, shall be the
property of the Village and shall not be included
in the licensee' s statement of food charges as
referred to in subparagraphs 1 (a) and (b) hereof.
d. The Village agrees to pay licensee all monies due
for special events within two (2) weeks of receipt
by the Village of the licensee' s statement for the
particular special. event .
C 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 2 (A) (2) and 2 (A) (4) of this Ordinance, and the Village
may utilize all or any part of said bond to remedy any breach or non-
performance 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 , tables , tableware and
glassware utilized to increase the Club ' s capacity above 150 persons .
The rental cost of these items shall be shared equally between the
licensee and the Village.
I . Alcoholic Beverages : The licensee agrees that all alcoholic
beverages served at the Bath & 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 license
for its operation carried on at the Bath e Tennis Club property ;
1) dram-shop: maximum statutory limits ; 2) public liability: $500 ,000
individual to $1,000 , 000 aggregate ; 3) property damage: .$500,000
individual, $1 ,000,000 aggregate ; 4) product liability: $ 00,000
individual, $1 , 000 ,000 aggregate ; 5) workmen 's compensation shall be
written on a comprehensive policy through an insurance company quali
fied to do business in the State of Illinois . Certificates of In-
surance shall be filed with and approved by the Village Attorney
prior to the licensee ' s use of the Bath & Tennis Club facilities for
the purpose of the license . Moreover, the Village shall be named as
Ordinance No. G-265
Page five
Bath & Tennis Club - Regu-
lation of Caterers
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
4 ' Agreement or actions or omissions by licensee or its agents or employees .
The obligation of the licensee shall include and extend to the pay-
ment of reasonable attorney' s fees for representation of the Village,
its officers , agents , and employees in litigation concerning the
aforesaid manners 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 paragraph shall
not apply to any litigation instituted by the licensee against
the Village arising out of any act or omission of the Village re-
lating to its undertakings herein.
L. Mechanic ' s Liens : The licensee shall not permit any
mechanic' s lien or liens to be placed upon the Bath $ 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 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. Non-Liability of Village: The Village shall not be liable
to licensee for any damage occasioned by failure to keep the Bath
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 fiat-
tures in, above, upon or about the Bath & Tennis Club premises or
any improvement thereof 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.
0. Termination: If the licensee defaults in the performance
of his duties as specified herein or violates any of these regula-
tions , 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
Ordinance No, C-265
Page six
Bath & Tennis Club -
Regulation of Food Caterers
P. Fire & Casualty: In case the Bath $ 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.
Section 3: All Ordinances and Rules and Regulations of the
Village of Oak Brook which are in conflict with the provisions of this
Ordinance are hereby repealed to the extent of such conflict.
Section 4 : If any section, sub-section, sentence, clause or
other part of this Ordinance is for any reason held to be invalid.,
such determination shall not affect the validity of any remaining
portion of this Ordinance .
Section 5 : Any person, firm or corporation who violates any of
the provisions of this Ordinance shall be subject to a fine of not more
than Five Hundred Dollars ($500. 00) for each such violation.
Section 6 : The Village Clerk is hereby authorized and directed
to publish this Ordinance in pamphlet form in the manner provided .by
law.
j Section 7 : That this Ordinance shall be in full force and effect
(( from and after its passage, approval and publication in pamphlet form,
all as required by law.
Passed this 13th day of May 1980.
Ayes : Trustees Congreve , Philip, Rush and Watson
Nays : None
I Absent : Trustee Reynolds , President Cerne
Approved this 13th day of May 1980 .
Village resident jo!�em t
ATTEST:
Vill ge Clerk
Approved as to Form:
Villa e Attorn y
Published 5/15/80 Pamphlet
Date Paper
Not Published