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G-867 - 09/09/2008 - LICENSE - Ordinances Supporting Documents±,. . kill TEAH 10,11.1) AGENDA ITEM Regular Board of Trustees Meeting of September 9, 2008 SUBJECT: An Amendment to Title 4, Chapter 1, Section 8A of the Village Code of the Village of Oak Brook, Illinois Relative to the Number of Authorized Liquor Licenses FROM: Charlotte K. Pruss, Village Clerk BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: Motion for passage of Ordinance G -867, "An Ordinance Amending Title 4, Chapter 1, Section 8A of the Village Code of the Village of Oak Brook, Illinois Relative to the Number of Authorized Liquor Licenses" Background/History: Village Code requires that liquor licenses that increase the number of licenses in the Village of Oak Brook must be passed by ordinance. Labriola Baking Company has made application to the Village of Oak Brook for a Class A -1 Liquor License for their new restaurant, Labriola Bakery Cafe located at 3021 Butterfield Road, Suite 106 in the Promenade. The approval of this liquor license will increase the number of A -1 liquor licenses in the Village of Oak Brook from 24 to 25. Background checks are being processed at this time for the owner and the managers. The applicant has requested that this application be brought before you for your consideration at the Village Board's regular meeting of September 9, 2008. Enclosed for the Village Board's review is the Application for a Liquor License. All ordinance submittal requirements have been met. The expected opening will be early October. Recommendation: Last saved by administrator J \AGENDA MEMOS\New LL doc Last printed 9/2/2008 3 14 PM The recommendation is for Passage of Ordinance G- 867, which increases the number of A -1 liquor licenses by one. Provided that all ordinance requirements are met, the Local Liquor Commissioner John Craig, will issue a Class A -1 Liquor License to Labriola Baking Company d /b /a Labriola Bakery Cafe when a stocking and training permit is issued. Last saved by administrator J \AGENDA MEMOS \New LL doe Last printed 9/2/2008 3 14 PM ORDINANCE 2008- LC -AL -G -867 AN ORDINANCE AMENDING TITLE 4, CHAPTER 1, SECTION 8A OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS RELATIVE TO THE NUMBER OF AUTHORIZED LIQUOR LICENSES WHEREAS, Title 4, Chapter 1, Section 8A (4 -1 -8A) of the Village Code of the Village of Oak Brook authorizes certain numbers of liquor licenses and the number of such licenses issued for each class of license may be increased or decreased from time to time by ordinance approved by the President and Village Board due to changes in ownership of licensed premises, the creation of a new and deserving business enterprise, or the abandonment, revocation, surrender or other termination of an existing license, and WHEREAS, the President and Board of Trustees of the Village deem it advisable and in the best interest and in furtherance of the general welfare of the citizens of the Village that the Village Code of the Village of Oak Brook be amended to increase the number of Class A -1 liquor licenses and to enable the Local Liquor Control Commissioner to issue a new Class A -1 license to Labriola Baking Company d /b /a Labriola Bakery Cafe, to be located at 3021 Butterfield Road, Oak Brook, Illinois 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 Section 8A of Chapter 1 (Liquor Control) of Title 4 (Business and License Regulations) (4 -1 -8A) of the Village Code of the Village of Oak Brook, Illinois be amended by deleting the table of licenses in its entirety and replacing it with the following table Class Of License, Application Fee Annual License Fee Number Issued A -1 $2,00000 $2,50000 25 A -2 2,00000 2,50000 1 A -3 2,00000 2,50000 1 B 2,00000 2,50000 11 C 2,000.00 2,00000 1 D 2,000.00 2,00000 2 E 2,00000 4,50000 6 F No Fee 100 Not Applicable G No Fee No Fee 2 Section 2 That this ordinance shall be in full force and effect from and after its passage, approval and publication as required by law Ordinance 2008- LC -AL -G -867 Amending Title 4, Chapter 1, Section 8A Relative to Liquor Licenses Page 2 of 2 Section 3 That all ordinances or parts thereof in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict APPROVED THIS 9th day of September, 2008 PASSED THIS 9th day of September, 2008. Ayes Nays Absent John W Craig Village President ATTEST- Charlotte K Pruss Village Clerk 00 O �" e VILLAGE OF OAK BROOK ' Charlotte K Pruss, Village Clerk 1200 Oak Brook Road Oak Brook, Illinois 60523 -2255 630 - 368 -5052 Fax 630- 368 -5045 c russ oak -brook or APPLICATION FOR LIQUOR LICENSE Application is hereby made to the Local Liquor Control Commissioner of the Village of Oak Brook for issuance of a Village of Oak Brook liquor license, pursuant to the ordinances of the Village and laws of the State of Illinois. In support of said application, the following is submitted: All CLASS: FEE: $ 0 Corporate Name: Labriola Baking Compny e: 51abriola Bakery Cafe Establishment Name: Corporate Address: Street Address 5324 123rd Place F Phone #: 708 - 385 -4884 Phone #: Phone #- Fax#: 708 - 385 -4991 City /State /Zip Alsip, IL 60803 E -Mail Address: labriola baking. corn Contact Name: Gina Errico Phone #: 708 - 385 -4884 Contact Title: Vice President of Operations E -mail address: gerrico @labriola baking. corn Establishment Address: Street Address 3021 Butterfield Road u I i (p Fax #: City /State /Zip Oak Brook, IL E -Mail Address: getut to Q Wpela %jteklkf Contact Name: George Pehr Contact Title: Manager Labriola Cafe OA Phone #: 708 - 385 -4884 E -mail address: ehr (EDjabriolabaking.com State of Illinois Liquor License Number: Expiration Date: List each specific location within this 1) At the point of sale establishment where alcoholic 2) liquor is being offered for retail sale: 3) 4) 5) 6) Ownership of Premises: Owned ❑ For initial application, provide proof of ownership (e.g. title policy) Leased ❑ If leased, provide copy of lease for full period of license and provide the following information. Name of Lessor: Oak Brook Promenade / NAI Hillman Asset Management Address of Lessor: 720 Butterfield Rd Suite 360 City, State & Zip: Lombard. IL 60148 TYPE OF BUSINESS: ❑✓ Corporation ❑ Individual /Sole Proprietorship ❑ Limited Liability Co ❑ Partnership Length of time in business- Character of business: 14 years Bakery LIQUOR LICENSE APPLICATION 3/11/2004 Page i of 10 ftt Oi DA.Y`� A t �fpUh1Y VILLAGE OF OAK BROOK Charlotte K Pruss Village Clerk 1200 Oak Brook Road Oak Brook, Illinois 60523 -2255 630 - 368 -5052 Fax 630 - 368 -5045 cpruss @oak -brook org INDIVIDUAL /SOLE PROPRIETORSHIP: Are you a resident of Oak Brook ❑ Yes ❑✓ No Other than an Individual/Sole Proprietorship this section must be completed by an authorized agent of the applicant This applicant, other than an Individual /Sole Proprietorship, was organized, formed, or incorporated under the laws of the State of Illinois on the 28 day of December 4 If applicant was not organized, formed or incorporated in the State, of Illinois, is applicant a foreign business qualified under one of the following to transact business in Illinois ❑ YesO No Please check which one- ❑ Illinois Business Corporation Act ❑Illinois Revised Uniform Limited Partnership Act ❑ Illinois Secretary of State ❑ Illinois Revised Uniform Partnership Act Other than an Individual /Sole Proprietorship is this business qualified pursuant to one of the following to transact business �r in Illinois ❑ Yes ❑ No Please check which one: ❑ Illinois Business Corporation Act ❑Illinois Revised Uniform Limited Partnership Act Illinois Secretary of State ❑ Illinois Revised Uniform Partnership Act Registered Agent: Name: Telephone #: Street Address Fax #: City /State /Zip E -Mail Address: QUALIFICATIONS: ❑ Yes F71 No Does the applicant, the manager or any person or entity listed as Officer, Shareholder, Member, Manager or Partner possess a current Federal wagering and gaming device stamp? (If yes, provide details on page 10 Addendum) ❑ Yes ❑✓ No Has a federal wagering stamp been issued by the federal government for the current tax period for the premises for which a license is sought? (If yes, provide details on page 10 Addendum) ❑ Yes ❑✓ No Has applicant, the manager or any person or entity listed as Officer, Shareholder, Member, Manager or Partner ever been convicted of a violation of any Federal or State law concerning the manufacture, possession or sale of alcoholic liquor, or forfeited their bond for failure to appear in court to answer charges for any such violation? (If yes, provide date, offense, jurisdiction and case number on page 10 Addendum) LIQUOR LICENSE APPLICATION 01 -04 Page 2 of 10 VILLAGE OF OAK BROOK Charlotte K Pruss, Village Clerk 1200 Oak Brook Road Oak Brook, Illinois 60523 -2255 630 - 368 -5052 Fax 630 - 368 -5045 cpruss @oak -brook org ❑ Yes QNo Has applicant made application for similar or other liquor license on premises other than described in this application? (If yes, provide disposition of such application on page 10 Addendum) ❑ Yes ONo Has any liquor license issued to the applicant ever been revoked or suspended? (If yes, provide date, reason andjurisdiction on page 10 Addendum) F-JYes Q No Has applicant, the manager or any person or entity listed as Officer, Shareholder, Member, Manager or Partner ever been convicted of a gambling offense in violation of Section 28 -3 of the Criminal Code of the State of Illinois (720 ILCS 5.28 -1, et seq.), as heretofore or hereafter amended, or as proscribed by a statute replaced by any of the aforesaid statutory provisions? (If yes, provide date, offense, jurisdiction and case number on page 10 Addendum) ❑ Yes 0 No Has applicant, the manager or any person or entity listed as Officer, Shareholder, Member, Manager or Partner ever been convicted of a felony? ❑Yes a No Has applicant, the manager or any person or entity listed as Officer, Shareholder, Member, Manager or Partner ever been convicted of being the keeper of, or is keeping, a house of ill fame? ❑ Yes ❑✓ No Has applicant, the manager or any person or entity listed as Officer, Shareholder, Member, Manager or Partner ever been convicted of pandering or other crime or misdemeanor opposed to public decency and morality? INDIVIDUALS: For each Person, Owner, Partner, Officer, Director, Member and Stockholder holding directly or beneficially more than 5% of stock in the business please provide the following information. Name Position Held Within Organization i.e. Owner, Managing Partner, general partner, shareholder, officer (name office held) % of stock owned or membshp interest Richard Labriola Owner 100% LIQUOR LICENSE APPLICATION 0 1 -04 Page 3 of 10 VILLAGE OF OAK BROOK t Charlotte K Pruss, Village Clerk 1200 Oak Brook Road Oak Brook, Illinois 60523 -2255 630- 368 -5052 Fax 630- 368 -5045 cpruss @oak -brook org FOR EACH OF THE INDIVIDUALS LISTED PLEASE PROVIDE THE FOLLOWING INFORMATION: Name: Richard Labriola Phone number: # 708- 805 -1706 Address: City /State, Zip Hindale, IL Date of Birth: Place of Birth: Social Security Number: - - - _ Drivers License Number: # Cook County Position held with above named business: Owner, President ❑✓ Yes ❑ No Are you a citizen of the United States? ❑ Yes ❑ No Are you a Naturalized Citizen? If you are a naturalized citizen give date and city of naturalization: Court in which (or law under which) you were naturalized. - Name: Phone number: # Address: City /State, Zip Social Security Number: Date of Birth: Place of Birth: Drivers License Number: # Position held with above named business: ❑ Yes ❑ No Are you a citizen of the United States? ❑ Yes ❑ No Are you a Naturalized Citizen? If you are a naturalized citizen give date and city of naturalization: Court an which (or law under which) you were naturalized: Name: Phone number: # Address: City /State, Zip Social Security Number: Date of Birth: Place of Birth: Drivers License Number: # Position held with above named business: ❑ Yes ❑ No Are you a citizen of the United States? ❑ Yes ❑ No Are you a Naturalized Citizen? If you are a naturalized citizen gave date and city of naturalization: Court an which (or law under which) you were naturalized. - LIQUOR LICENSE APPLICATION 01 -04 Page 4 of 10 T p, Name: Address: City /State, Zip Social Security Number: Position held with above named business: Phone number: # Date of Birth: Place of Birth: Drivers License Number: # VILLAGE OF OAK BROOK Charlotte K Pruss, Village Clerk 1200 Oak Brook Road Oak Brook, Illinois 60523 -2255 630 - 368 -5052 Fax 630 - 368 -5045 cpruss @oak -brook org ❑ Yes ❑ No Are you a citizen of the United States? ❑ Yes ❑ No Are you a Naturalized Citizen? If you are a naturalized citizen give date and city of naturalization. Court an which (or law under which) you were naturalized Name: Phone number: # Address: City /State, Zip Social Security Number: Position held with above named business: Date of Birth: Place of Birth: Drivers License Number: # Yes ❑ No Are you a citizen of the United States? ❑ Yes ❑ No Are you a Naturalized Citizen? If you are a naturalized citizen gave date and city of naturalization. Court an which (or law under which) you were naturalized Name: Phone number: # Address: City /State, Zip Social Security Number: Position held with above named business: Date of Birth: Place of Birth: Drivers License Number: # ❑ Yes ❑ No Are you a citizen of the United States? ❑ Yes ❑ No Are you a Naturalized Citizen? If you are a naturalized citizen give date and city of naturalization Court in which (or law under which) you were naturalized LIQUOR LICENSE APPLICATION 0 1 -04 Page 5 of 10 !� 0 d ° ti 116 a�l .COUMIY i Name: Address: City /State, Zip Social Security Number: Position held with above named business: Phone number: # Date of Birth: Place of Birth: Drivers License Number: # VILLAGE OF OAK BROOK Charlotte K Pruss, Village Clerk 1200 Oak Brook Road Oak Brook, Illinois 60523 -2255 630 - 368 -5052 Fax 630 - 368 -5045 cpruss @oak -brook org ❑ Yes ❑ No Are you a citizen of the United States? ❑ Yes El No Are you a Naturalized Citizen? If you are a naturalized citizen gave date and city of naturalization. Court an which (or law under which) you were naturalized Name: Phone number: # Address: City /State, Zip Social Security Number: Position held with above named business: Date of Birth: Place of Birth: Drivers License Number: # ❑ Yes ❑ No Are you a citizen of the United States? ❑ Yes ❑ No Are you a Naturalized Citizen? If you are a naturalized citizen give date and city of naturalization: Court in which (or law under which) you were naturalized Name: Phone number: # Address: City /State, Zip Social Security Number- Position held with above named business: Date of Birth: Place of Birth: Drivers License Number: # ❑ Yes ❑ No Are you a citizen of the United States? ❑ Yes ❑ No Are you a Naturalized Citizen? If you are a naturalized citizen give date and city of naturalization: Court an which (or law under which) you were naturalized LIQUOR LICENSE APPLICATION 01 -04 Page 6 of 10 'A f� tauH�r VILLAGE OF OAK BROOK Charlotte K Pruss, Village Clerk 1200 Oak Brook Road Oak Brook, Illinois 60523 -2255 630 - 368 -5052 Fax 630 - 368 -5045 cpruss @oak -brook org Name of person operating as General Manager of the premises: �" f r r AIa Name of person operating as Liquor Manager of the premises: A Manager Application Form must be submitted for the individuals named above. An initial application must also include completed fingerprint card. RESTRICTIONS: a. No liquor license shall be issued to any person for premises upon which theatrical or other live performances, which include the types of conduct enumerated in Sections 3 -55 of Chapter, 3 shall constitute the entertainment offered to the patrons thereof. This prohibition includes, but is not limited to, any entertainment, fashion show or other presentation which may include any person in a nude or semi -nude state, including, but not limited to, servers, hosts, hostesses, dancers, singers, models or other performance artists, or role playing interactions. b. No liquor license shall be issued to any person for premises upon which a men or women's club is located. INSURANCE REQUIREMENTS: a. Certificate of general liability insurance with limits of not less than $1,000,000 combined single limit or $1,000,000 per occurrence and per aggregate naming the Village of Oak Brook as a party insured issued by an insurance company licensed to do business in the State of Illinois having a "Best" rating acceptable to the Village. The effective period of such insurance coverage shall coincide with the period the liquor license is in effect. b. Policy of liquor liability insurance by a responsible insurance company authorized and licensed to do business in the state insuring such applicant in the amount of not less than one million dollars ($1,000,000 ). SUBMITTALS: In addition to this application form the following must be submitted: Fee Certificate of Insurance 0000, Liquor License Manager Application Form Lease -If premises not beneficially owned by Applicant Proof of completion of the Illinois Department of Alcohol and Substance Program b all facility managers and employees as is necessary. • S2Sr ieri Sd 4 e _p3 Proof of completion dance by all facility managers and employees as is necessary of a Alcohol Awareness Trainin°gll,^ A m conducted by the Oak Brook Police LIQUOR LICENSE APPLICATION 0 1 -04 Page 7 of 10 i4i 0� 0 'r`B�\ VILLAGE OF OAK BROOK Charlotte K Pruss, Village Clerk 1200 Oak Brook Road Oak Brook, Illinois 60523 -2255 `r 630- 368 -5052 Fax 630 - 368 -5045 cpruss @oak -brook org Department. Inalicantsust also provide the following: (Renewal applications do not need to provide the following ocumentation as it is permanently on file. However, if there have been any changes, new documents must be submitted) For an initial application, completed fingerprint cards for each Corporate Officer, General Manager and Liquor Manager t�q Proof of ownership of premises (e.g. title report) Floor Plan, as required for any premises to be licensed for sale of alcoholic liquor for consumption on the premises, drawn to scale, and with sufficient detail to depict types of seating, location of bars and other design features. (Submit twelve (12) copies of Floor Plan and Menu.) Employee liquor handling training manual describing the specific procedures of the applicant to monitor operations to insure no incidences of underage drinking. Applicant understands and agrees that additional information and material may be required during the processing of this application related to applicant's qualifications, the information provided herein, including attachments, and the class of license involved. Applicant agrees to provide such additional information and material and that failure to do so may delay the processing of this application or result in its denial. Applicant understands that no liquor license shall be issued to any person: (a) for premises upon which theatrical or other live performances which include the types of conduct enumerated in Section 3 -55 of Chapter 3 of The Oak Brook Village Code. This prohibition includes, but is not limited to, any entertainment, fashion show or other presentation which may include any person in a nude or semi -nude state, including, but not limited to, servers, hosts, hostesses, dancers, singers, models or other performance artists, or role playing interactions. (b) for the sale at retail of any alcoholic liquor within one hundred (100) feet of any church, school, hospital, home for the aged or indigent persons or for veterans, their spouses or children or any military or naval stations. (c) for premises upon which a men's or women's club is located. In the event Applicant is made aware that any information or document submitted, as part of this application process is inaccurate or incomplete, Applicant agrees to immediately notify the Village and provide appropriate corrections. Applicant understands and agrees to provide such additional information and material, and that failure to do so may delay the processing of this application or result in its denial. LIQUOR LICENSE APPLICATION 0 1 -04 Page 8 of 10 Of YUl1N1Y ``� ATTESTATIONS: VILLAGE OF OAK BROOK Charlotte K Pruss, Village Clerk 1200 Oak Brook Road Oak Brook, Illinois 60523 -2255 630 - 368 -5052 Fax 630 - 368 -5045 cpruss @oak -brook org I, IJ 14- gee t e the PLO 041 1 of the above licensee, hereby certify, that the foregoing application is true and correct and all information previously submitted on the original application, including the floor plan, has not changed. I further understand that any incorrect or fraudulent statement made in this application constitutes grounds for immediate suspension and /or revocation of the liquor license herein sought. The undersigned, does further state as follows: That the undersigned is empowered to prepare and sign this application on behalf of the applicant. That the undersigned has reviewed this application, and all attachments and submittals, and that the information contained herein is true and accurate. That the undersigned, on behalf of the Applicant, acknowledges and agrees that a false statement knowingly made in this application shall bar the Applicant from further consideration and the application shall be denied. That the undersigned is not disqualified to receive a liquor license by reason of any matter or thing contained in the laws of this state, or the ordinances of the Village. That the undersigned will not violate any of the laws of the State of Illinois, or of the United States, including but not limited to the Americans With Disabilities Act, or any ordinances of the Village in the conduct of the applicant's place ofAbWinesp -.—,,, /1) BY: Print Name 4 l � Title VI/ LIQUOR LICENSE APPLICATION 01 -04 Page 9 of 10 VILLAGE OF OAK BROOK Charlotte K Pruss, Village Clerk 1200 Oak Brook Road ` Oak Brook, Illinois 60523 -2255 630 - 368 -5052 Fax 630- 368 -5045 cpruss @oak -brook org ADDENDUM Provide details requested for a YES answer to any qualifications LIQUOR LICENSE APPLICATION 0 1 -04 Page 10 of 10 os- el- E >I- pq 2 6 OT-1 gz , � 9 8�1_ os- ('s os- s I OUTDOOR SEATING V r Cl F 0, er - T-3 T 3 -2 -2 s_2 -2 SALERY/ 125 S-2 T-3 S-2 -2 j E Qug AR 122 ns-I S-1 5-1 S-1 7-1 T-1 �-2 8-f s- S-1 S-1 -1 K"A Pos, 9-1 - 1-4 T PI T-2 T-1 T-1 T-4 120 S- 8-1 HOT AoD -3 T-4 119 S-3 8-1 cm/FOOD' 0 T-2 T-1 0-1 J, J S-1 -1 -4 G ll// �T SIN 13 N 9)p ns- I P.-I ns- I it fi7 T-1 'r 2 S-1 -S-1 T-s 8-2 7— 116 ISHWASH r 105 115 A0 VOFEZE 114 RIDO 106/ L -i CORRIDOR 107 DRY 7 A !GE RRY ST F L LIQU ST( AGE -21 7' — - — - — - O JN 'S RE NG R 110 109