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G-1083 - 08/09/2016 - LICENSE -ALCOHOL - Ordinances Supporting Documents ITEM 9.C. 1) v(3� Of OAt e90 O a � G .o `ate v 00UN-t l.�� AGENDA ITEM Regular Board of Trustees Meeting of August 9, 2016 SUBJECT: An Amendment to Chapter 1 of Title 4 of the Village Code of the Village of Oak Brook, Illinois Regarding Liquor License Regulations FROM: Charlotte K. Pruss,Village Clerk BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to approve passage of Ordinance 2016-LC-AL-G- 1083, "An Ordinance Amending Chapter 1 of Title 4 of the Village Code of the Village of Oak Brook,Illinois Regarding Special Event Liquor License Regulations" Background/History: After inquiries from businesses regarding an Annual Special Event Liquor License, the Village Clerk Charlotte Pruss, Deputy Village Clerk Kathy Vonachen, and in consultation with the Village Attorney, recommend that Title 4, of Chapter 1, Section 7 ("Liquor Regulations")of the Village Code be amended to create a new liquor license classification to permit a Annual Special Event liquor license for businesses. The explanation for the amendments is as follows: Section 4-1-3 The amendment to Section 4-1-3 states the definitions of an Annual Special Event as it pertains to in the ordinance. Section 4-1-7 The amendment proposed to Section 4-1-7 would add a new classification (Class M) specifically permitting Annual Special Event liquor license for businesses seeking to conduct more than one but no more than ten Special Events in one license year. Section 4-1-8 The amendments to Section 4-1-8 creates a license fee for the new Class M liquor license, but no application fee to stay consistent with Special Event liquor license fees. The proposed license fee is $500.00. The amendments to Section 4-1-8 would also permit the Village to issue three such licenses at this time. Recommendation: Approve Ordinance G-1083 Ordinance 2016-LC-AL-G-1083 AN ORDINANCE AMENDING CHAPTER 1 OF TITLE 4 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS REGARDING ANNUAL SPECIAL EVENT LIQUOR LICENSES WHEREAS, the Village of Oak Brook, Illinois ("Village") 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 511-42-10-1, and Section 4-1 of the Liquor Control Act, 235 ILCS 5/4-1, provides 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 Village has for some time permitted as a Class F License a Special Event Liquor License; and WHEREAS, a number of entities which have sought special event liquor licenses may regularly seek several of such licenses per year; and WHEREAS, it would be more convenient for the applicant and for the Village to create a new license category Annual Special Event Liquor License. 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 though 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 "Businesses and License Regulations," the Village Code shall be amended further in that a new definition shall be added in their proper alphabetical places as follows: Annual Special Event means a business which would comply with the requirements of Section 4-1-17"Special Events, Licenses and Promotions" but seeks to conduct more than one but no more than ten special events in one license year. When an applicant has held ten special events within the year, an applicant must either apply for a new Annual Special Events Liquor License or apply for a Per-Event Special Event Liquor 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 M, shall be added to the existing classes. Class M shall read as follows: CLASS M: Annual Special Events Licenses for the sale or dispensing of alcoholic liquor during special events as required in Section 4-1-17. SECTION 4: Amendment to Title 4 Chapter 1 Section 8 of the Village Code. Section 8, entitled "License Fees and Numbers" shall be amended by the addition of a new Class M License with no application fee but a$500.00 annual license fee and the ability to issue three such licenses. Ordinance 2016-LC-AL-G-1083 Amending Chapter 1 of Title 4 of the Village Code of the Village of Oak Brook,Illinois Regarding Annual Special Event Liquor Licenses Page 2 of 2 SECTION 5: Severability. If any provision of this Ordinance or part thereof is held invalid by a court of competent jurisdiction, the remaining portions 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 6: 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 9th day of August, 2016 Gopal G. Lalmalani Village President PASSED THIS 9`h day of August, 2016 Ayes: Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk 4828-8810-1941,v. 1