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G-439 - 11/28/1989 - LICENSE -ALCOHOL - Ordinances L.IC,EAjTE -ALC►oHoL G LL HAPPY H04R BAN �.. `.. rl - z 89 ORDINANCE G- 4 39 AN ORDINANCE AMENDING SECTION 3-29 OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK RELATIVE TO THE PROHIBITION OF CERTAIN SALES OF ALCOHOLIC BEVERAGES WHEREAS, the Village President and Board of Trustees have heretofore passed and approved Ordinance G-397, which ordinance sets forth certain restrictions on the sale of alcoholic beverages, commonly referred to as "happy hours" prohibition; and WHEREAS, the General Assembly of the State of Illinois has recently adopted Public Act 86-462, which Public Act prohibits happy hours consistent with the Village's ordinance, which ordinance has been codified in Section 3-29 of the Code of Ordinances of the Village of Oak Brook; and WHEREAS, said Public Act provides exemptions in addition to those enumerated in the Village's ordinance; and WHEREAS, the Village President and Board of Trustees desire to amend Section 3-29 to conform said exemptions to those set forth in Public Act 86-462; 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 Section 3-29(B) and (C) of the Code of Ordinances of the Village of Oak Brook be and are hereby amended to read as follows: "Section 3-29. Certain sales prohibited. (B) It shall be unlawful for any licensee selling alcoholic beverages to be served and consumed on the licensed premises to engage in any of the following enumerated practices. For purposes of this section, "drink" shall mean any drink containing alcoholic liquor as defined in Section 3-1 of this Code of Ordinances: 1) deliver or serve two or more drinks to one person at one time, excepting selling or delivering wine by the bottle or carafe. L" 2) sell, offer or deliver to any person an unlimited number of drinks during any set period of time for a fixed price, except at private functions not open to the public. 3) sell, offer to sell or deliver drinks to any person or group of persons on any one date at prices less than those charged the general G - L+33 �. Ordinance G- 4 3 9 Amending Section 3-29 Relative to the Prohibition of Certain Sales of Alcoholic Beverages Page 2 public on that entire day, except at private functions not open to the public. 4) increase the volume of alcoholic beverages contained in a drink without increasing proportionately the price charged for such drink. 5) encourage or permit on the licensed premises any game or contest which involves drinking or the awarding of drinks as prizes. 6) advertise or promote in any way whether within or without the licensed premises any of the above practices C) The prohibited practices contained in subsection B hereof shall not prohibit licensees from: 1) offering free food or entertainment at any time. 2) including a drink as part of a meal package. 3) including drinks of alcoholic liquor as part of a hotel package. 4) negotiating drinks of alcoholic liquor as part of a contract between a hotel or multi-use establishment and another group for the holding of any function, meeting, convention or trade show; 5) providing room service to persons renting rooms at a hotel; 6) selling pitchers (or the equivalent, including but not limited to buckets), carafes, or bottles of alcoholic liquor which are customarily sold in such manner and delivered to two or more persons at one time; or 7) increasing prices of drinks of alcoholic liquor in lieu of, in whole or in part, a cover charge to offset the cost of special entertainment not regularly scheduled." Section 3: That all ordinances or parts thereof in conflict with the provisions' of this ordinance be and the same are hereby repealed. L. Section 4: That this ordinance shall be in full force and effect from and after passage, approval and publication in pamphlet form as provided by law. Section 5: That the Village Clerk is hereby authorized and directed to publish this ordinance in pamphlet form in the manner provided by law. G ordinance G-439 Amending Section 3-29 Relative to the Prohibition of Certain Sales of Alcoholic Beverages Page 3 PASSED THIS 28th day of November 1989. Ayes: Trustees Bartecki , Bushy, Maher, Payovich, Rush and Winters Nays: None Absent: None Abstain: None APPROVED THIS 28th day of November ?989. f Village Presi nt ATTEST: f: Village Clerk Approved as to Form: Vil age Attorney Published 11- 29- 89 Pamphlet form Date Paper Not Published OOF OAr c� • `tip� 9Oo q N G � o `2 4� ,fir 'CoulUt� VI LLAGL OF OAK BROOK I2C0 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 - 2255 November 6, 1.989 3 1 _' 9 -3 MEMO TO: Stephen Berley, Village Manager FROM: John H. Brechin, Village Attorney SUBJECT: Public Act 86-462 - Happy Hours I reviewed your memorandum of October 23, 1989 and concur with your general conclusions that our ordinance is consistent with the State Statute. More specifically, it appears that the State Statute is a copy of our happy hour ordinance. The only substantial difference that the State law provides is in its expansion of the exemptions. It would be appropriate to amend our `- ordinance to add these additional exemptions so that our ordinance is in conformance with the State Statute. Unless I hear from you to the contrary, I will proceed to draft the necessary ordinance to include these additional exemptions as part of our happy hour ordinance. Respectfully submitted, Sohn H. Brechin Village Attorney THB:s-os vP Ap 4 S15 2 FCOUNT�' `- VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 November 22, 1989 708 990-3000 MEMO TO: Village President and Board of Trustees FROM: Stephen Berley, Village Manager RE: Amending Code of Ordinances of the Village of Oak Brook Relative to the Prohibition of Certain Sales of Alcoholic Beverages RECOMMENDATION: That the Village President and Board of Trustees approve an Ordinance which amends Section 3-29 of the Code of Ordinances of the Village of Oak Brook Relative to the Prohibition of Certain Sales of Alcoholic Beverages The Village President and Board of Trustees previously passed and approved Ordinance No. G-397 (Exhibit #2) which sets forth certain restrictions on the sale of alcoholic beverages commonly referred to as "Happy Hours" prohibition. Recently the General Assembly approved a bill, which the Governor also signed, that prohibits Happy Hours which appears to be a copy of the Village of Oak Brook's ordinance. However, the new Public Act provides exemptions in addition to those enumerated in the Village's ordinance. Attorney Brechin and I discussed said exemptions with President Cerne and determined that it would be appropriate to amend our ordinance to add the additional exemptions allowed by the State so that our ordinance is in conformance with the State Statutes. Therefore, it is recommended that the Village's ordinance be amended to include the following additional exemptions: 1) Including drinks of alcoholic liquor as part of a hotel package. 2) Negotiating drinks of alcoholic liquor as part of a contract between a hotel or multi-use establishment and another group for the the holding of any function, meeting, convention, or trade show. 3) Selling pitchers (or the equivalent including but not limited to buckets), carafes, or bottles of alcoholic liquor which are customarily sold in such manner and delivered to two or more persons at one time; and 4) Increasing prices of drinks of alcoholic liquor in lieu of, in whole or in part, a cover charge to offset the cost of special entertainment not regularly scheduled. 0 Page 2 t�R�\F T 1.39 11/22/89 `.. The attached proposed ordinance (Exhibit #0 includes the additional exemptions allowed by the State of Illinois. It is recommended that the President and Board review the attached ordinance and additional exemptions and if they deem appropriate, adopt the attached ordinance. If you have any questions regarding this item, please contact me. Respectfully submitted, Stephen Berl Village Manager SB/mr:al Attachments �RAOFT C-r-431 VILLAGE OF OAK BROOK Minutes -2- November 28, 1989 B. ORDINANCE NO. G-438 AN ORDINANCE AMENDING ORDINANCE G-177 THE TRAFFIC CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS, AS AMENDED AND REPEALING_ THE PROHIBITION OF RIGHT TURNS ON RED FOR EASTBOUND TRAFFIC ON 22ND STREET AT SPRING ROAD: Trustee Bushy moved, seconded by Trustee Rush. . . To pass Ordinance No. G-438 as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Maher, Payovich, Rush, Winters and President Cerne. Nays: None Absent: None So ordered. C. ORDINANCE NO. G-439 AN ORDINANCE AMENDING SECTION 3-29 OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK RELATIVE TO THE PROHIBITION OF CERTAIN SALES OF ALCOHOLIC BEVERVES: Proposed Ordinance amends Section 3-29 of the Code of Ordinances of the Village of Oak Brook relative to the prohibition of certain sales so that the Ordinance is in conformance with the State Statutes. Trustee Bushy moved, seconded by Trustee Bartecki. .. To pass Ordinance No. G-439 as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Maher, Payovich, Rush, Winters and President Cerne. Nays: None Absent: None So ordered. D. ORDINANCE NO. G-440 AN ORDINANCE AMENDING SECTIONS 2-53 AND 2-182 OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK REGARDING PROCEDURES FOR BIDDING AND AWARDING CONTRACTS: Proposed Ordinance amends Sections 2-53 and 2-182 of the Code of Ordinances of the Village of Oak Brook regarding procedures for bidding and awarding contracts by increasing the threshold for requiring competitive bidding from $5,000 to $10,000 and to authorize the Village Manager to purchase without competitive bidding supplies, equipment, materials, and services if they do not exceed $5,000. Trustee Bartecki moved, seconded by Trustee Rush. . . To pass Ordinance No. G-440 as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Maher, Payovich, Rush, Winters and President Cerne. Nays: None Absent: None So ordered. IV. FINANCIAL: No Business. V. OLD BUSINESS: A. Recommendation to Accept Quote - Pistol Range E ue ipment: Authorization given at the Regular Meeting of June 13, 1989; two (2) quotes were received.- Trustee Bushy moved, seconded by Trustee Rush. . . VILLAGE OF OAK BROOK Minutes -2- November 28, 1989 i OF OgKe L/ s z q RCOUNTy, VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 December 1 , 19T9 708 990-3000 Municipal Code Corporation 1700 Capital Circle S.W. P. 0. Box 2235 Tallahasee, Florida 32304 Attention: Mr. Robert Laslie Dear Mr. Laslie: The Village Board at their Board Meeting of Tuesday, November 28, 1989, passed and approved the following ordinances: OR_DIN_ANCE NO. G-437 AN ORD_I_NANCE AMENDING SECTION 9-12 OF THE CODE_ OF ORDINANCES OF THE VILLAGE OF OAK BROOK RELATING TO ANIMAL CONTROL ORDINANCE NO. G-438 AN ORDINANCE_ AMEN_DI_N_G ORDINA"ICE_ G-1_77 THE TRAFFIC CODE OF THE CODE OF THE VILLAGE OF OAK BR00_K, ILLINOIS_, AS AMENDED AND REPEALING THE PROHIBITION OF RIGHT TURNS ON RED FOR EASTBOUND TRAFFIC ON 22ND STREET AT SPRING ROAD �bINANCE_N_O._G-439 AN ORDINANCE_AMEN_DING SECTION 3-29 OF THE CODE OF ORDINANCES_ - THE VI_L_L_AGE OF OAK_ BROOK RELATIVE TO THE P_R_O_H_I_B_I_T_ION OF CERTAIN SALES OF ALCOHOLIC BEVERAGES ORDINANCE NO. G-440 AN ORDINANCE AMENDING_ SECT_I_O_NS_2-53 AND 2-182 OF THE CODE OF ORDINAN_C_ES OF THE VILLAGE_ OF OAK BROOK_ REGARDING PROCEDURES FOR BIDDING AND AWARDING OF CONTRACTS The above Ordinances are being forwarded to you for inclusion in the next supplement of the Code of Ordinances of the Village of Oak Brook. I would appreciate your acknowledging receipt of these Ordinances. Sincerely, John H. Brechin Vill ge Attorney JHB/jr Enclosures