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G-1076 - 05/10/2016 - LICENSE -ALCOHOL - Ordinances Ordinance 2016-LC-AL-G-1076 AN ORDINANCE AMENDING CHAPTER 1 OF TITLE 4 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS RELATING TO COFFEE SHOPS WHEREAS, Title 4 of the Oak Brook Code is referred to as the Oak Brook Liquor Control Ordinance; and WHEREAS, the Liquor Control Ordinance prohibits the sale and service of alcoholic beverages in the Village without a liquor license issued by the Village; and WHEREAS, the Village desires to amend the Liquor Control Ordinance to establish a new liquor license class to permit the sale of wine and beer by coffee shops located within the Village, subject to conditions; and WHEREAS, the Village Board has determined that it is in the best interests of the Village to amend the Liquor Control Ordinance as set forth in this Ordinance; and 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 in that a new definition shall be added in its proper alphabetical place, as follows: COFFEE SHOP: Means a place of business that is: (a) licensed if such requirement is contained within the Ordinances of the Village; (b) opens to the public for business each day and remains open to the public for business continuously for not less than ten hours; and (c) is engaged in the primary business of the sale, over a counter located at the point of sale where customers place orders, of: (i) coffee, tea, coffee-based beverages, tea-based beverages, and other beverages prepared on the premises for consumption on or off the premises where served; and (ii) food items, including baked goods for consumption on or off the premises where served. The sale or service of beer and wine at any coffee shop located within the Village is prohibited except pursuant to a Class K Coffee Shop License. No coffee shop located within the Village is eligible for any class of liquor license other than a Class K Coffee Shop License. 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 in that a new license classification, Class K, shall be added to the existing classes. Class K shall read as follows: CLASS K: Retail sale of beer and wine for consumption on the premises where sold when the primary business conducted on the premises is that of a coffee shop. All sales of beer and wine will be for consumption on the premises only. All alcoholic beverages poured from original packaging into glass containers prior to service to consumers. Beer and wine sales will account for less than 10% of the total sales of the business. All employees will be 21 years of age or older and no table service will be permitted. Beer and wine must be ordered and received at a counter. Ordinance 2016-LC-AL-G-1076 Amending Chap.1 of Title 4 re: Relating to Coffee Shops Page 2 of 2 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 in that a new class of license, Class K, shall be added with an application fee of$2,000 and an annual license fee of $2,750 with only one Class K License to be issued. Section 5: Amendment to Title 4, Chapter 1, Section 15 of the Village Code. 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 by the addition of the following sentences to the end of Section F, and shall read as follows: 4-1-15: CONDITIONS OF LICENSES: F. Permitted Hours for Sale and Consumption of alcohol for Licensee which has been granted a Class K License, shall permit the sale of beer and wine only between the hours of 12:00 p.m. to 10:00 p.m. Monday through Sunday. Section 6: 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 7: 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 10th day of May, 2016 Gopal G. Lalmalani Village President PASSED THIS10th day of May, 2016 Ayes: Trustees Adler Baar, Manzo, Moy, Yusuf Nays: Trustee Tiesenga Absent: None .,.._^ ., ATTEST: a''pr F s°- `t t Q f 'W Y s4 �__, {? £ Charlotte K. Pruss Y w E Village Clerk