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G-761 - 10/12/2004 - ALCOHOL - Ordinances Supporting Documents� 1 x u C.� ..�tt\.�m, AGENDA ITEM Regular Board of Trustees Meeting of October 12, 2004 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: Linda K. Gonnella, Village Clerk BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move for passage of Ordinance 2004- LC -AL -G -761 "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" Back$!round/History: THI IV Oak Brook Lessee, LLC has made application to the Village of Oak Brook for a Class B, D & E liquor licenses for the hotel establishment located at 1909 Spring Road (formerly Hyatt Regency Oak Brook Hotel). Documentation requirements have been fulfilled. The Liquor Manager and the General Manager John Merrill will remain and both have BASSET training and their criminal background checks have been previously processed. The applicant has requested that this application be brought before you for your consideration at your regular meeting of October 12, 2004. A representative of the establishment will be in attendance at the Village Board meeting. Enclosed for your review is the following documentation: a. Application for a Liquor License b. Floor Plan c. Certificate of Insurance d Menu Last saved by lgonnell C \Documents and Settings \lgonnell\My Documents\Memorandums\Liquor Ord AGENDA ITEM doc Last printed 10/8/2004 2 48 PM Recommendation: The Village Attorney has drafted the attached ordinance that deletes a Class D & E liquor licenses (formerly the Oak Brook Hyatt Regency Hotel) and increases the Class D & E liquor licenses for the new owners of the hotel. The Class D liquor license is for catered events by the hotel off of their premises and the Class E is for liquor served within the hotel restaurants, banquet rooms and meeting rooms. Provided that all ordinance requirements are met, the Local Liquor Commissioner Kevin Quinlan would presumbly issue a class E liquor license to THI IV Oak Brook Lessee, LLC located at 1909 Spring Road. Last saved by lgonnell C \Documents and Settings \lgonnell\My Documents\Memorandums \Liquor Ord AGENDA ITEM doc Last printed 10/8/2004 2 48 PM 9. B 1) popular one and she realized that the Village previously paid for the garbage. It would be great if that could occur again but she personally believes it is much more important that the Village bring the reserves up to the six -month level before the Board even considers the garbage issue. Trustee Zannis stated that it can be taken with everything including the telephone systems, landscaping, and screening of the HVAC or the outside wall. President Quinlan asked that the Board return to the agenda as both of those items have been continued. 2) RDINANCE 2004- LC -AL -G -761 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 THI IV Oak Brook Lessee, LLC has made application to the Village of Oak Brook for a Class D & E liquor licenses for the hotel establishment located at 1909 Spring Road (formerly Hyatt Regency Oak Brook Hotel) Documentation requirements have been fulfilled. The Liquor Manager and the General Manager John Merrill will remain and both have BASSET training and their criminal background checks have been previously processed. The applicant has requested that this application be brought before you for your consideration at your regular meeting of October 12, 2004. A representative of the establishment will be in attendance at the Village Board meeting. Enclosed for your review is the following documentation. a. Application for a Liquor License b. Floor Plan c. Certificate of Insurance d. Menu The Village Attorney has drafted the ordinance that deletes a Class D & E liquor licenses (formerly the Oak Brook Hyatt Regency Hotel) and increases the Class D & E liquor licenses for the new owners of the hotel. The Class D liquor license is for catered events by the hotel off of their premises and the Class E is for liquor served within the hotel restaurants, banquet rooms and meeting rooms. Provided that all ordinance requirements are met, the Local Liquor Commissioner Kevin Quinlan would presumably issue a class E liquor license to THI IV Oak Brook Lessee, LLC located at 1909 Spring Road Motion by Trustee Yusuf, seconded by Trustee Korin, for passage of Ordinance 2004- LC -AL -G -761 "An Ordinance Amending Title 4, Chapter 1, Section 8A of VILLAGE OF OAK BROOK Minutes Page 18 of 21 OCTOBER 12, 2004 9. B. 2) the Village Code of the Village of Oak Brook, Illinois Relative to the Number of Authorized Liquor Licenses ". Trustee Korin commented of her discussion with Manager Boehm of the amount of liquor licenses being outstanding and how they were assigned. When the Board received the last information on the liquor licenses, there were more outstanding liquor licenses than businesses using them. Manager Boehm explained that the Clerk did provide information of the latest action by the Board. A correction was made to the table of liquor licenses because of the error. Clearly, all of the matters have been brought before the Village Board for approval of new licenses or transfer of licenses for the same establishment A liquor license is not the property right of the owner and if they leave the Village it does not go to them or to the new business. President Quinlan remarked that the license is removed and then it is brought to the Board for approval or disapproval. Manager Boehm explained that the licenses are in order and there are no outstanding licenses. Trustee Zannis asked if Manager Boehm spoke to former Village Attorney Martens on this issue. She had requested ten days ago that Manager Boehm contact Attorney Martens for an explanation of the liquor license process. President Quinlan stated there is an approval process, required BASSET training and then approval by the Board. Trustee Zannis asked for a letter from former Village Attorney Martens explaining what the process was prior She stated she has an issue with the granting of liquor license process. President Quinlan stated there is a fee to do this. Attorney Spiroff explained that if there is a suspension or revocation, the licensee is entitled to a notice and opportunity to defend in that sense there is some property rights to be protected. Motion by Trustee Zannis to continue this agenda item No second was made to the motion. Motion by Trustee Yusuf, seconded by Trustee Korin, for passage of Ordinance 2004- LC -AL -G -761 "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 ". ROLL CALL VOTE- Ayes- 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis. Nays: 0 - None VILLAGE OF OAK BROOK Minutes Page 19 of 21 OCTOBER 12, 2004 9. B. 2 Absent• 1 - Trustee Caleel. Motion carried. C. AWARD OF CONTRACTS - None D. AUTHORIZATION TO PURCHASE - None. E APPROVAL OF EXTENSION OF BENEFITS ACCORDING TO THE ILLINOIS PUBLIC SAFETY EMPLOYEE BENEFIT ACT The Illinois Public Safety Employee Benefit Act provides for the continuation of health insurance free of cost to full time public safety employees who become catastrophically injured as follows: 1. the injury or death occurred in the line of duty; and 2. the injury or death was a direct result of: a) an employee engaging in fresh pursuit, or b) while an employee was investigating a criminal act; or c) while responding to an emergency or an unlawful act perpetrated by another. As such, the Village would comply with the statutory provisions of PSEBA Staff has been working on this issue and PSEBA as a whole with Patricia Hubbard, Seyfarth Shaw Staff further requests the opportunity to present PSEBA and any specific employee related questions to the Village Board in Closed Session. Motion by Trustee Yusuf, seconded by Trustee Aktipis, to Approve the Extension of Benefits Provided by Illinois Public Safety Employee Benefit Act as required. ROLL CALL VOTE Ayes: 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis Nays: 0 - None. Absent 1 - Trustee Caleel. Motion carried. 10. INFORMATION & UPDATES: A VILLAGE PRESIDENT - President Quinlan reminded residents of children trick or treating on October 31St and to drive carefully in the streets that day. B VILLAGE MANAGER - No report was given C. VILLAGE CLERK - Deputy Clerk Harty reminded residents of in- person absentee voting occurring in the Village Clerk's office from 8.30 a.m. to 4:30 p.m. Monday through Friday and Saturday from 9.00 a m. to noon ending November 1St Trustee Korin announced that the Oak Brook Bath & Tennis Club will be offering a Halloween party for Friday, October 22nd and suggested that residents may wish to join the festivities scheduled that evening. VILLAGE OF OAK BROOK Minutes Page 20 of 21 OCTOBER 12, 2004 ��4 ' d O G � O 9 � COUNII Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 -2255 website www.oak- brook.org Administration 630 990 3000 FAX 630 990 0876 Community Development 630 990 3045 FAX 630 990 3985 Engineering Department 630 990 3010 FAX 630 990 3985 Eire Department 630 990 3040 FAX 630 990 2392 Police Department 630 990 2358 FAX 630 990 7484 Public works Department 630 990 3044 FAX 630 472 0223 Oak Brook Public Library 600 Oak Brook Road Oak Brook, IL 60523 -2200 630 990 2222 FAX 630 990 4509 Oak Brook Sports Core Bath & "Tennis Club 700 Oak Brook Road Oak Brook, IL 60523 -4600 630 990 3020 FAX 630 990 1002 Golf Club 2606 York Road Oak Brook, IL 60523 -4602 630 990 3032 FAX 630 990 0245 October 20, 2004 Sterling Codifiers, Inc. Attention. Robertson S. Rollins, General Manager 7600 Mineral Drive Coeur d'Alene, ID 83814 Dear Rob: The Village Board, at their Board Meeting of Tuesday, October 12, 2004, passed and approved the following ordinances: ✓ORDINANCE 2004- LC -AL -G -761 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 ORDINANCE 2004- AP -BD -G -762 AN ORDINANCE AMENDING TITLE 1 ( "ADMINISTRATION "), CHAPTER 5 ( "APPOINTED VILLAGE OFFICIALS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK TO PROVIDE FOR LIMITS TO TEMPORARY APPOINTMENTS OF VILLAGE OFFICIALS The above Ordinances are being forwarded to your for inclusion in the Code of Ordinances of the Village of Oak Brook. I would appreciate your acknowledging receipt of these Ordinances. Sincerely, Richard B. Boehm Village Manager RBB /jr Enclosure