G-1138 - 10/23/2018 - ALCOHOL - Ordinances ORDINANCE 2018-LC-AL-G-1138
AN ORDINANCE AMENDING CHAPTER 1 OF TITLE 4
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS
REGARDING LIQUOR CONTROLS WITHIN CERTAIN RETAIL PREMISES
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 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 ("Liquor Regulations"), the Village regulates the number, kind, and classification
of licenses for retail sales of alcoholic liquor, 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 establish a new
license classification for restaurants that are located within retail establishments under the
specifically defined and limited circumstances set forth herein; 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 subsection 4-1-18D of the Liquor
Regulations to clarify the Village's requirements for outdoor dining area ingress and egress, as
set forth herein.
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 to establish a
new license classification, Class A-4, to be added to the existing classes as follows:
CLASS A-4: Retail sale of alcoholic liquor by a restaurant with a premises that: (i)
has an interior area of between two thousand (2,000) and eight thousand (8,000)
square feet; (ii) has an interior seating capacity between fifty (50) and two
hundred (200) customers; (iii) has a seasonal or year-round outdoor seating of
no greater than six thousand (6,000) square feet; (iv) is located within a retail
store that has no less than twenty-five thousand (25,000) square feet of area and
a portion of which is designated as the retail store's "Retail Service Area," as
defined in Section 4-1-16.8 of this chapter; (v) is subleased by the holder of the
license from the Store Tenant, as defined in Section 4-1-16.8 of this chapter; (vi)
is located within a regional retail or mixed use center in the B-2 Zoning District
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having no less than 80 acres of land area and no less than one million square
feet of building area, (vii) is not within five hundred (500) feet of any public right
of way; and (viii) has a ratio of seating that is predominantly or exclusively used
for dining purposes to seating for bar or lounge areas equaling or exceeding
three and one-half to one (3.5:1). Holders of a Class A-4 license are permitted to
conduct cooking classes.
Section 3: Amendment to Title 4, Chapter 1, Section 8A of the Village Code.
Subsection A, entitled "Fees and Number of Licenses Authorized," of 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 A-4, shall be added with an application fee of$2,000 and an annual
license fee of$2,750 with only one Class A-4 License to be issued.
Section 4: Amendment to Title 4, Chapter 1, Section 8B2 of the Village Code.
Paragraph 2 of Subsection B, entitled "Fee Regulations," of 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 by adding the following at the end of
Paragraph 2:
Further, nothing herein contained shall prohibit: (i) the holder of Class A-4
License from selling or serving alcoholic liquor to a customer for consumption
within a Retail Service Area or (ii) a retail store from permitting the consumption
of such alcoholic liquor within the Retail Service Area associated with the Class
A-4 License, as described in Section 4-1-16.8 of this chapter.
Section 5: Amendment to Title 4, Chapter 1, Section 15 of the Village Code.
Subsections D, E, G, and H of 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 and shall read as follows (additions shown in bold-"n
double underline; ):
D. Sanitation: All premises used for the retail sale of alcoholic liquor, or for the
storage of such liquor for such sale, or for consumption within a Licensed
Food Hall or Retail Service Area as defined in Section 4-1-16.8 of this
ha,shall be kept in a clean and sanitary condition and shall be kept in
full compliance with all ordinances and regulations concerning the condition
of premises used for the storage or sale of food for human consumption.
E. Consumption On Premises:
1. Except for tasting of samples as authorized in subsection 4-1-23B of this
chapter and for special events as authorized by the commissioner
pursuant to section 4-1-17 of this chapter, it shall be unlawful for anyone
having a class B license under this chapter to sell or offer for sale any
alcoholic liquor for consumption on the licensed premises, or to permit
alcoholic liquor to be consumed on such premises.
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2. Except for private functions not open to the public, eFfel: special events
as authorized by the local liquor control commissioner pursuant to section
4-1-17 of this chapter, food hall coffee shops that satisfy the insurance
requirements of Section 4-1-15A, or===Food Hall Restaurants that satisfy
the insurance requirements of Section 4-1-15A, or a Retail Service Area
as defined in Section 4-1-16.8 of this chapter, it shall be unlawful for
any person operating or employed by any business establishment which
is not licensed to sell alcoholic liquor in the village pursuant to the
requirements of this chapter to permit alcoholic liquor to be consumed on
the business premises.
G. License Limited To Single Business: All licenses issued pursuant to this
chapter shall be limited to a single business establishment. No licensee shall
operate, advertise or otherwise represent that it is operating a liquor
establishment or business except as expressly designated on the face of the
license. Nothing herein contained shall be so construed as to prevent the
lawful operations of a food hall or its adjacent food hall restaurants and food
hall coffee shops. Nothing herein contained shall be so construed as to
prevent a retail store from permitting the consumption of alcoholic
liquor within a Retail Service Area as described in Section 4-1-16.8-of
this chapter-
H. Delivery Of Alcoholic Liquor Off Premises: It shall be unlawful for any liquor
licensee licensed by the Village to deliver alcoholic liquor to someone located
in the Village and outside of the licensee's licensed premises.
Notwithstanding anything contained herein to the contrary, Class B liquor
licensees may deliver alcoholic liquor to their customers outside of the
licensee's licensed premises provided that the Class B liquor licensee
complies with the following regulations:
1. Alcoholic liquor must be delivered to, and signed for at the time of delivery
by, a person who is twenty one (21) years of age or older;
2. The person delivering alcoholic liquor on behalf of the liquor licensee
must check the identification of any person accepting delivery of the
alcoholic liquor at the time of delivery;
3. Alcoholic liquor may only be delivered in its original and unopened
container; and
4. The liquor licensee must comply with all federal, state, and local laws,
regulations, rules and ordinances that are applicable to the delivery of
alcoholic liquor.
Nothing herein contained shall be so construed as to prevent the lawful
operations of a licensed food hall, licensed food hall restaurant or licensed
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food hall coffee shop from serving liquor for consumption to any customer
seated within an adjacent licensed food hall or within any other food hall
restaurant or food hall coffee shop that is accessible only from or through that
same licensed food hall.
Nothing herein contained shall be so construed as to prevent the holder
f a Class A-4 license or appLicable—,91Qre Tenantr
customers with alcoholic beverages from moving between the adiacent
Restaurant Areas and Retail Service Areas as provided in Section 4-1-
16.8 of this chapter.
Section 6: Amendment to Title 4, Chapter 1 of the Village Code. Chapter 1, entitled
"Liquor Control," of Title 4, entitled "Business and License Regulations," of the Village Code
shall be amended further by adding a new Section 4-1-16.8, entitled Class A-4 License
Regulations, " that shall read as follows:
4-1-16.8: CLASS A-4 LICENSE REGULATIONS:
A. In addition to the other applicable conditions and requirements of this
chapter, each holder of a Class A-4 License shall be subject to the following
conditions and restrictions:
1. In addition to the application requirements of Section 4-1-9 of this
chapter, an application for a Class A-4 License must include the following:
a. A site plan clearly delineating the boundaries of the restaurant
premises to be licensed, including any outdoor areas (the "Restaurant
Area"); the areas of the adjacent retail store in which alcohol can be
consumed (the "Retail Service Area"); designated points of
ingress/egress to and from the Restaurant Area and the Retail
Service Area; examples of signage in compliance with this chapter;
and the location of furniture within the Restaurant Area,
b. Written evidence of the following: (i) that both the Retail Service Area
and Restaurant Area are leased pursuant to a single, valid lease (the
"Store Lease"), the tenant under such Store Lease being referred to
herein as the "Store Tenant"; (ii) that the applicant holds a valid
sublease of the Restaurant Area from the Store Tenant, and (iii) that
both the applicant and the Store Tenant satisfy the insurance
requirements of Section 4-1-15A of this chapter, and
c. Written policies or employee training manual provisions of both the
applicant and the Store Tenant addressing the cleaning and
operations of the Retail Service Area in relation to alcoholic beverage
service and consumption within the Retail Service Area. Such
policies or training manuals shall, in any event, require that applicant
personnel regularly monitor the Retail Service Area for used beverage
containers and regularly retrieve any such containers.
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2. The location of furniture within the Restaurant Area shall remain
consistent during the term of the license, provided, however, the license
holder may submit revised furniture diagrams for administrative review
and approval by the Village Clerk, Village Fire Department and Village
Building Inspections Supervisor.
3. One (1) partially consumed bottle of wine may be taken outside the
Restaurant Area and the Retail Service Area if it has been sealed in
compliance with section 6-33 of the Liquor Control Act of 1934 (235 ILCS
5/6-33).
4. The license holder shall be required to provide a visually distinct and
branded non-transferable wristband, bracelet, or similar item to persons
seeking to consume alcoholic beverages within the Retail Service Area
prior to such persons exiting the Restaurant Area with alcoholic liquor.
5. The license holder shall only serve alcoholic liquor for consumption within
the Retail Service Area in glassware or containers having a tag or other
feature making them visually distinct from merchandise in the Retail
Service Area.
6. Alcoholic liquor served or dispensed within the Restaurant Area (as
opposed to alcohol sold by the license holder in sealed packages for off-
premises consumption) may only be consumed within the Restaurant
Area and Retail Service Area. Further, alcoholic liquor may only be
consumed within the Retail Service Area (i) if purchased from or
dispensed within the Restaurant Area; (ii) during licensed Special Events
held pursuant to Class F licenses held by the Store Tenant, or (iii) during
private events not open to the general public.
7. Other than for purposes of emergency ingress and egress, ingress to the
Restaurant Area shall only be from the Retail Service Area or from the
Village Green as defined in Village Ordinance 2014-ZO-PUD-EX-S-1391
(the "Village Green").
8. Notwithstanding the requirements of Section 4-1-18 of this chapter,
egress from the Restaurant Area's outdoor dining areas may occur via: (i)
gates for emergency use only, with signage to that effect; and (ii) a
walkway to the Village Green that has the signage described in Section 4-
1-16.8D10. In addition, each of the Restaurant Area's outdoor dining
areas must be surrounded on all sides by the exterior walls of the
Restaurant Area or planters, fences, railings, or similar enclosure
improvements except in the locations of required or permitted ingress and
egress.
9. Signage must:
a. Direct customers to see the Restaurant Area's host stand for
admission to or seating within the outdoor dining areas,
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b. Alert customers that exiting the Restaurant Area with any alcoholic
beverages (other than to the Retail Service Area) is prohibited; and
c. Provide for and alert customers that exiting directly from the
Restaurant Area to the Village Green is prohibited except in
emergency circumstances or when the Retail Service Area is not
open for business.
10. No more than twenty four (24) ounces of beer may be sold in a single
container at a time. No more than eight (8) ounces of wine may be sold in
a single container at a time. Except for the sale of beer and wine, no
drink may be sold that contains more than three (3) ounces of alcohol.
Section 7: Amendment to Title 4, Chapter 1, Section 18, Subsection D of the Village
Code. Subsection D of Section 8, entitled "Outdoor Sales," 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 (additions shown in bold and double-underline;
D. Except as otherwise provided in Section 4-1-16.8 of this chapter.
A-access to the outdoor area is through the licensed premises, and no direct
entrance to or exit from such area is availab4epermitted. except as reauired
for emergency ingress and egress; and
Section 8: Amendment to Title 4, Chapter 1, Section 24, Subsection 10A of the
Village Code. Subsection 10 of Paragraph A of Section 24, entitled "Prohibited Acts," of
Chapter 1, entitled "Liquor Control," of Title 4, entitled "Business and License Regulations," of
the Village Code shall be amended further by adding the following paragraph at the end of
Subsection 10 as follows (additions shown in bold and double-underline;
s# k thrA.."h):
othina herein contained shall be so construed as to prevent the holder
f a Class A-4 license or applicable Store Tenant from allowing
customers with alcoholic beverages from moving between the adjacent
Restaurant Areas and Retail Service Areas established pursuant to
Section 4-1-16.8 of this chaff
Section 9: 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 10: 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.
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APPROVED THIS 23rd day of October, 2018
Gopal G. Lalmalani
Village President
PASSED THIS 23rd day of October, 2018
Ayes: Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, Yusuf
Nays: None
Absent: None
�h ATTEST:
Charlotte K. Pruss
k�
j) Village Clerk
t17 " r,l
4845-9678-6553,
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