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R-1884 - 06/09/2020 - LICENSE - Resolutions ITEM 9.A.1 BOARD OF TRUSTEES MEETING VILLAGE OF UPPER LEVEL CONFERENCE ROOM OAK B R , BUTLER GOVERNMENT CENTER �� , K 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of June 9, 2020 SUBJECT: Liquor License Fees for Establishments FROM: Riccardo F. Ginex,Village Manager Kathu Vonachen,HR Director/Deputy Clerk BUDGET SOURCE/BUDGET IMPACT: See Below RECOMMENDED MOTION: Move to Approve Resolution 2020-FI-COVID-I9-R-1884,A Resolution Providing for Financial Assistance in the Form of a Reduction of the Annual Liquor License Fee for Those Respective Businesses or Establishments Closed as a Result of COVID-19. Background/History: As you know, I recently sent an e-mail to the Board to discuss our liquor license renewals since several of our establishments have been closed during the pandemic. Per our ordinance, Staff sent out the attached letter in April. Typically,liquor license holder fees are due by June 12'hwith the new licenses going into effect on July 1St. With President Lalmalani's approval due to the pandemic,we advised the establishments that they would not have to send their payments in by June 12"and they would not be charged a$500 late fee if they didn't since we had no idea when they were possibly going to re-open for any service by the Governor. We are now into Phase 3 and the outdoor dining is allowed. We hope and expect that we can move into Phase 4 before July 1St where restaurant inside occupancy can go to 50%. Staff asked for direction form the Board regarding making any fee modifications to the liquor license holders for this year. We recommend a few scenarios and there was willingness by several Board members to make some modifications for the 2020 license renewals. Therefore, staff is recommending the following pro-rated fees for the 2020 renewals: • Provide a 50%discount to the following establishments for the months they were closed and unable to fully open per the Governor's future decision making process(March,April,May,June, July and possibly August)due to the COVID-19. These discounts would only be on the main liquor license class and not on the secondary license. Listed below are the CLASSES we believe should obtain the discount: CLASS A-1 through A-4 Restaurants CLASS C—Clubs(Butler Golf Course) CLASS E—Hotels CLASS I—Movie Theatres CLASS L—Food Court CLASS N- Salons 2 • Maintain a full annual fee as theses establishments did not close during the COVID-19 pandemic: CLASS B–Package Liquor(Costco,Binny's Beverage,Circle K,Walgreen's and SavWay) Here is the fee listing of our current number of Licenses: Class OfApplication Annual Number License Fee License Fee Issued A-1 $2,000.00 $2,750.00 [35 A-2 2,000.00 2,750.00 Fo A-3 2,000.00 12,750.00 1 A-4 F2,060.00 [2,750.00 1 B 2,000.00F2750.00 16 C F2,000.00--[2,200.00 1 D 2,000.00 2,200.00 3-- F � E 2,000.00 4,950.00 7 F No fee ($50.00 per event [Notapplicable '-- -- -- G No fee No fee 1 --I H No fee No fee I—, r F- 1 $2,000.00 $2,750.00 2 r J 2,000.00 500.00 1 K F2,000.00 2,750.00 0 L F2'000.00'—[2,750.00 1 M 500.00 3 N 2,000.00 —12,750.00 1 Recommendation: The Board passes the resolution as presented. RG BOT AGENDA THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS RESOLUTION 2020-FI-COVID-1 9-R-1 884 A RESOLUTION PROVIDING FOR FINANCIAL ASSISTANCE IN THE FORM OF A REDUCTION OF THE ANNUAL LIQUOR LICENSE FEE FOR THOSE RESPECTIVE BUSINESSES OR ESTABLISHMENTS CLOSED AS A RESULT OF COVID-19 GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk JOHN BAAR PHILIP CUEVAS MICHAEL MANZO MOIN SAWED EDWARD TIESENGA ASIF YUSUF Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on this the 9th day of June, 2020 Resolution 2020-FI-COVID-19- R-1884 Reduction of the Annual Liquor License Fee for Businesses or Establishments Closed as a Result of COVID-19 Page 2 of 4 RESOLUTION 2020-FI-COVID-19-R-1884 A RESOLUTION PROVIDING FOR FINANCIAL ASSISTANCE IN THE FORM OF A REDUCTION OF THE ANNUAL LIQUOR LICENSE FEE FOR THOSE RESPECTIVE BUSINESSES OR ESTABLISHMENTS CLOSED AS A RESULT OF COVID-19 WHEREAS, the Village of Oak Brook(hereinafter referred to as the "Village") is an Illinois Municipal Corporation organized pursuant to the laws of the State of Illinois; WHEREAS, the Village has in full force and effect a codified set of ordinances which are of a general and permanent nature,which said codified set is known and designated as the Village Code of the Village of Oak Brook, as amended; WHEREAS,the Village has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs that protect the health, safety and welfare of its residents including the adoption and imposition of certain fees and/or taxes; WHEREAS, the Village has previously adopted classifications of liquor licenses and related annual liquor license fees for those establishments or businesses granted liquor license to serve or sell liquor; WHEREAS, on January 31, 2020, the Secretary of HHS declared a public health emergency for the entire United States of America concerning COVID-19, on March 9, 2020, Governor Pritzker issued a disaster proclamation concerning the spread of COVID-19 in Illinois, on March 11, 2020, WHO declared that the spread of COVID-19 is a global pandemic, on March 13, 2020 President Trump declared a national emergency concerning the COVID-19 pandemic, on March 15, 2020 DuPage County Board Chairman Cronin issued a disaster proclamation concerning the spread of COVID-19 in DuPage County and on March 20, 2020 Governor Pritzker issued an order for all residents of Illinois to "shelter in place"; WHEREAS, the Village has adopted an Emergency Declaration pertaining to COVID-19 and is interested to the extent possible provide relief to businesses and/or establishments located within the corporate limits of the Village of Oak Brook; WHEREAS, businesses throughout the State of Illinois have been negatively impacted by the spread of COVID-19 and the related shelter in place order issued by Governor Pritzker; WHEREAS, the Corporate Authorities of the Village of Oak Brook desire to reduce the annual liquor license fee for certain businesses and establishments for the upcoming fiscal year due to the closure of those businesses or establishments as a result of COVID-19; and WHEREAS, the Corporate Authorities of the Village of Oak Brook are of the opinion that that it is in the best interests of the safety, health and welfare of the residents to provide a reduction in the annual liquor license fee to those businesses and establishments negatively impacted by the ordered shut down of their respective business or establishment for the time period referenced herein. 2 Resolution 2020-FI-COVID-19-R-1884 Reduction of the Annual Liquor License Fee for Businesses or Establishments Closed as a Result of COVID-19 Page 3 of 4 NOW, THEREFORE, BE IT RESOLVED, in open meeting assembled by the Village President and Board of Trustees of the Village of Oak Brook, Cook and DuPage Counties, Illinois as follows: Section One - Recitals The Board of Trustees hereby find that all of the recitals hereinbefore stated as contained in the preamble to this ordinance are full, true and correct and do hereby, by reference, incorporate and make them part of this ordinance as legislative findings. Section Two— Reduction of Annual Liquor License Fees a) That the liquor license fee for the fiscal year beginning July 1, 2020 shall be reduced by 50% for the following classifications: i. CLASS A-1 through A-4 ii. CLASS C iii. CLASS E iv. CLASS V. CLASS L vi. CLASS N b) That the liquor license fees beginning July 1, 2021 shall be as set forth in the Village of Oak Code of Ordinances, as amended; Section Three - Conflict Clause That all ordinances, parts of ordinances, resolutions, parts of resolutions or board actions in conflict with the terms of this resolution shall be repealed to the extent of said conflict. Section Four- Passage Clause That this resolution shall take full force and effect from and after its passage, approval and publication as provided by law. Section Five - Constitutionality Clause Any part or parts of this resolution declared by a court of law to be invalid or unconstitutional shall not affect the validity of the remaining provisions of this resolution or the Oak Brook Municipal Code. Section Six- Publication This resolution shall be published in book or pamphlet form as provided by the Illinois Municipal Code. Section Seven- Recording This resolution shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook. 3 Resolution 2020-FI-COVID-I9-R-1884 Reduction of the Annual Liquor License Fee for Businesses or Establishments Closed as a Result of COVID-19 Page 4 of 4 APPROVED THIS 9th day of June, 2020 Gopal G. Lalmalani Village President PASSED THIS 9th day of June, 2020 Ayes: Trustee Baar, Cuevas, Manzo, Saiyed, Tiesenga, Yusuf Nays: None Absent: None ATTEST: ,r 41 �a� o Charlotte K. Pruss Village Clerk n G f GO OUT14 4