G-1108 - 09/12/2017 - ALCOHOL - Ordinances ORDINANCE 2017-LC-AL-G-1108
AN ORDINANCE AMENDING CHAPTER 1 OF TITLE 4
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS
REGARDING SPA, NAIL SALON, OR BEAUTY SALON LIQUOR LICENSES
WHEREAS, the Village of Oak Brook, Illinois ("Village's 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 5/11-42-10.1, and Section
4-1 of the Illinois Liquor Control Act, 235 ILCS 5/4-1, provide 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 Liquor Regulations do not currently contain a liquor classification that specifically
permits spas, nail salons, or beauty salons to sell liquor to its patrons or that specifically govern the
manner in which spas, nail salons, or beauty salons may sell liquor to its patrons; and
WHEREAS, the Village President and Board of Trustees have determined that it is in the best
interest of the Village and its residents to amend the Liquor Regulations to provide for Liquor Regulations
that specifically govern the sale of liquor at spas, nail salons, or beauty salons in the Village;
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 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, and shall read as follows:
4-1-7: LICENSE CLASSIFICATIONS:
Retail liquor licenses issued under this chapter shall be divided into the following classes:
CLASS A-1: Retail sale of alcoholic liquor for consumption on the premises where sold
when the primary business conducted on said premises is that of a restaurant, when the
ratio of seating predominantly or exclusively used for dining purposes to that seating for
bar or lounge areas equals or exceeds three and one-half to one (3.5:1). A license of this
classification may be issued to an establishment located within another establishment,
such as a department store, provided that the licensed establishment meets all other
criteria stated herein. Holders of a class A-1 license with banquet hall facilities containing
not less than three thousand (3,000) square feet of floor space open to the public may
dispense alcoholic liquor brought on the licensee's premises by a customer of the
licensee in conjunction with the use of the licensee's banquet hall facility and the licensee
may charge such customer a fee in connection with the service of such alcoholic liquor.
Also permitted is the distribution of alcoholic liquor for consumption on the premises
provided that the alcoholic liquor is not sold and is offered only in conjunction with a
special event or sale which is by invitation only and not open to the general public in a
department store which contains at least fifty thousand (50,000) square feet of retail area.
Additions are bold and double-underlined. ^ea., . °*p ek thfaugh.
Ordinance 2017-LC-AL-G-1108
Amending Chap. 1,Title 4 re:
Spa, Nail Salon,Beauty Salon
Liquor Licenses
Page 2 of 7
CLASS A-2: Retail sale of alcoholic liquor for consumption on the premises where sold
when the primary business conducted on said premises is that of a restaurant when the
ratio of seating predominantly or exclusively used for dining to that seating for bar/lounge
area is less than three and one-half to one (3.5:1), but not less than one and four-tenths
to one (1.4:1). A license of this classification may be issued to an establishment located
within another establishment, such as a department store, provided that the licensed
establishment meets all other criteria stated herein. Holders of a class A-2 license with
banquet hall facilities containing not less than three thousand (3,000) square feet of floor
space open to the public may dispense alcoholic liquor brought on the licensee's
premises by a customer of the licensee in conjunction with the use of the licensee's
banquet hall facility and the licensee may charge such customer a fee in connection with
the service of such alcoholic liquor.
CLASS A-3: Retail sale of alcoholic liquors for consumption on the premises where sold,
such as in a tavern, saloon or bar where the primary business is not that of a restaurant.
CLASS B: Retail sale of alcoholic liquors in the original package, not for consumption on
the premises where sold, except for as specifically permitted by section 4-1-17 of this
chapter. No licensee shall give, or offer to give, alcoholic liquor as a gift or gratuity with
the sale of products other than alcoholic liquors, or induce the purchase of or promote the
sale of products other than alcoholic liquors, except for as specifically permitted by
section 4-1-17 of this chapter. A license of this classification may be issued to an
establishment located within another establishment, such as a department store,
provided that the licensed establishment meets all other criteria stated herein.
CLASS C: Retail sales of alcoholic liquors for consumption on the premises of regularly
organized clubs.
CLASS D: Retail sale of alcoholic liquor in conjunction with the service of food by
caterers for catered events conducted off the premises of the licensee, provided that the
sale of alcoholic liquor by the drink is not permitted.
CLASS E: Retail sale of alcoholic liquor in hotels and motels. Retail sales may take place
only in areas specifically designated on the license.
A. The holder of a class E license issued to a hotel/motel may install cabinets
for the storage of liquor for the use of room guests in each room; provided,
however, that each such cabinet shall be securely locked and a separate key
from the room key given only to a guest twenty one (21) years or older at the
time of registration.
B. Any hotel/motel providing cabinets for the storage of liquor available in
guestrooms on the effective date hereof shall provide locks for such cabinets.
CLASS F: Retail sale or dispensing of alcoholic liquor on a temporary basis during a
special event as defined and regulated in section 4-1-17 of this chapter.
CLASS G: Retail sale of alcoholic liquor for consumption at the village sports core which
includes the following facilities: municipal golf clubhouse, beverage cart service, veranda,
Oak Brook room, saddle room, polo fields, poolside and library.
Additions are bold and double-underline-4- deletions,u.c sty iek th.-oug .
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Ordinance 2017-LC-AL-G-1108
Amending Chap. 1,Title 4 re:
Spa, Nail Salon,Beauty Salon
Liquor Licenses
Page 3 of 7
CLASS H: Retail sale of alcoholic liquor for consumption on the premises of
municipally owned and operated recreation facilities, including the grounds, but not
including the village sports core.
CLASS I: Retail sale of alcoholic liquor for consumption on the premises where sold
when the primary business conducted on the premises is that of a movie theater,
provided that a movie theater is not an adult motion picture theater.
CLASS J: The consumption of beer and wine on the premises of a restaurant, which beer
or wine has been brought into the licensed premises by a patron for consumption while
being served a meal on the premises, subject to the conditions and restrictions set forth
in this chapter.
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
shall be poured from original packaging into glass containers prior to service to
consumers. Beer and wine sales will account for less than ten percent(10%)of the total
sales of the business. All employees will be twenty one (21)years of age or older and no
table service will be permitted. Beer and wine must be ordered and received at a counter.
CLASS L: Sale and consumption of beer, wine, and other alcoholic beverages within a
food hall, including consumption within the food hall of beer, wine, and other alcoholic
liquor that is purchased from an adjacent food hall restaurant or food hall coffee shop.
CLASS M: Annual special events license for the sale or dispensing of alcoholic liquor
during special events as required in section 4-1-17 of this chapter. (Ord. G-1057, 10-13-
2015; Ord. G-1076, 5-10-2016; Ord. G-1078, 7-12-2016; Ord. G-1083, 8-9-2016)
CLASS No Retail sale of alcoholic liquor for consumption on the premises where
sold when the primary business conducted on the premises is that of a spa, nail
salon or beauty salon.
Section 3: 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, and shall read as follows:
4-1-8: LICENSE FEES AND NUMBERS:
A. Fees And Number Of Licenses Authorized: The fees for the licenses issued and
the number of licenses authorized pursuant to this chapter shall be as follows:
Class Of License Application Fee Annual License Fee Number Issued
A-1 $2,000.00 $2,750.00 33 3A
A-2 2,000.00 2,750.00 0
A-3 2,000.00 2,750.00 1
B 2,000.00 2,750.00 4-4-U
C 2,000.00 2,200.00 1
D 2,000.00 2,200.00 2
E 2,000.00 4,950.00 7
F No Fee $50 per event Not Applicable
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Ordinance 2017-LC-AL-G-1108
Amending Chap. 1,Title 4 re:
Spa, Nail Salon,Beauty Salon
Liquor Licenses
Page 4 of 7
G No Fee No Fee 0
H No Fee No Fee 1
1 2,000.00 2,750.00 2
J 2,000.00 500.00 0
K 2,000.00 2,750.00 40
L 2,000.00 2,750.00 1
M ---- 500.00 3
N 2,000.00 2,750.00 91
B. Fee Regulations:
1. There shall be no refund or proration of the license application fee. For any
license issued on or after July 1 of any year, the annual license fee shall be
prorated by dividing the fee set forth in this section by twelve (12) and
multiplying the resulting sum by the number of months, or parts thereof,
remaining in the license year.
2. If an applicant conducts, or proposes to conduct, the retail sale of alcoholic
liquor within a single building in ways which would require the issuance of
more than one license to authorize all of the subject activities, the fee for the
second or any additional licenses shall be five hundred dollars ($500.00),
and no application fee shall be required for the second or any additional
licenses. Each license issued shall be publicly posted at the appropriate
location where alcoholic liquor is being offered for retail sale. All of the
subject activities must be conducted within a single building, and must be
under the same ownership and control. Nothing herein contained shall be so
construed as to prevent any hotel operator licensed under the provisions of
this chapter from serving alcoholic liquor to his registered guests in any room
or part of his hotel, if such liquor so served shall be kept in and served from a
licensed location, place, or premises in the hotel.
Section 4: Amendment to Title 4, Chapter 1, Section 15 of the Village Code. Section 8,
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, and shall read as follows:
4-1-15: CONDITIONS OF LICENSES:
F. Permitted Hours For Sale And Consumption: The hours during which a licensee shall
be permitted to sell, offer for sale, cause to be sold or to be given away, or to permit
the consumption in or upon any licensed premises of any alcoholic liquor shall be as
follows:
Monday 6:00 A.M. to 1:00 A.M. Tuesday
Tuesday 6:00 A.M. to 1:00 A.M. Wednesday
Wednesday 6:00 A.M. to 1:00 A.M. Thursday
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Ordinance 2017-LC-AL-G-1108
Amending Chap. 1,Title 4 re:
Spa, Nail Salon,Beauty Salon
Liquor Licenses
Page 5 of 7
Thursday 6:00 A.M. to 1:00 A.M. Friday
Friday 6:00 A.M. to 1:00 A.M. Saturday
Saturday 6:00 A.M. to 2:00 A.M. Sunday
Sunday 10:00 A.M. to 1:00 A.M. Monday
New Year's Eve Day 6:00 A.M. to 4:00 A.M. New Year's Day
New Year's Eve Day 10:00 A.M. to 4:00 A.M. New Year's Day
Sunday
It shall be unlawful to keep open for business or to admit the public to or to permit
the public to remain within, or to permit the consumption of alcoholic liquor in or
upon any licensed premises by any person, including employees of the licensee,
other than during the above permitted hours; provided, however, that in the case
of restaurants, movie theaters, and hotels, such establishments may be kept
open for business, but alcoholic liquor may only be sold or consumed in or upon
such licensed premises by any person, including the employees of the licensee,
during such permitted hours.
Upon payment of an additional annual license fee of five hundred dollars
($500.00), the holder of a class A-1 license may extend its hours of operation on
Friday until two o'clock (2:00)A.M. on Saturday.
No person holding a Class N licence issued pursuant to this chanter shall sell or
hermit to be sold offer for sale give away or deliver any alcoholic liquor excep
between the hours of 11.00 a.m. and 9.00 p.m, Monday through Sunday or between
e hours of 8:00 a.m. and 9.00 n m on Saturday to only bridal parties receiyina
salon and spa services
Section 5: Amendment to Title 4, Chapter 1 Section 16 of the Village Code. Section 8,
entitled "Temporary Licenses," of Chapter 1, entitled "Liquor Control," of Title 4, entitled "Business and
License Regulations,"of the Village Code shall be amended further, and shall read as follows:
Section 4-1-16.8
The ordinance also proposes to add a new Section 4-1-16.8 to the Village Coda which contains
specific conditions that spa, nail salon, or beauty salon locansees would need to follow in order to
Iguor. These conditions have been specifically tailored for spas, nail salons or beauty
salons. The Village Board may remove or add any conditions it deem desirable if Ot decides t.Q
create a new liquor license specifically for spas, nail salons, or beauty c Ion
A. The retail sale of alcoholic liquor shall be limited to one drink per hour per customer or
tr_on of the premises, and no such customer or patron shall be erved more than:&6
Additions are bold and double-underline d;deletions �,^i.4w �
�r�s.«�aa��.
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Ordinance 2017-LC-AL-G-1108
Amending Chap. 1,Title 4 re:
Spa, Nail Salon,Beauty Salon
Liquor Licenses
Page 6 of 7
(2) alcoholic beverages during the permitted hours of retail sale of alcoholic liauor
wring any one calendar day.
B. No more than twelve (12) ounces of beer may be sold in a single container at a time. No
more than sox (6) ounces of wane may be sold On a single container at a tame,
C. Except for the sale of beer and wine, no drink may be sold that contains more than one
(1) ounces of alcohol.
D. Customers and patrons shall not be served alcoholic beverages unless receiving
contemporaneous spa/salon services from the license holder.
E. No live entertainment of any nature shall be permitted on the specified premises
F. No window or any other external signage shall be permitted on the specified premises or
surrounding_property that indicates that alcoholic liquor is available for retail sale at the
specified premises, provided. however. that the business identification signage may
contain e word "bar". and provided further that the word "bar" is only used as part of
the business name.
Section 7: 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 8: 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.
[SIGNATURE PAGE FOLLOWS]
Additions are bold and double-underlined; a°'°'in-fl° °�°°true'-thfough.
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Ordinance 2017-LC-AL-G-1108
Amending Chap. 1,Title 4 re:
Spa,Nail Salon,Beauty Salon
Liquor Licenses
Page 7 of 7
APPROVED THIS 12th day of September, 2017
c
Gopal G. Lalmalani
Village President
PASSED THIS 12th day of September, 2017
Ayes: Trustees Baar, Cuevas, Saived, Tiesenga Yusuf
Nays: Trustee Manzo
Absent: None
ATTEST:
' _�"` *•� Charlotte K. Pruss
Village Clerk
:\.os
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Additions are bold and do ubl -and rlin d;deletions me struek flffeugh-.