G-1185 - 08/24/2021 - LICENSE -ALCOHOL - Ordinances THE VILLAGE OF OAK BROOK
COOK AND DUPAGE COUNTIES, ILLINOIS
ORDINANCE
2021-LC-AL-G-1185
A 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
GOPAL G. LALMALANI. Village President
CHARLOTTE K. PRUSS, Village Clerk
LAURENCE HERMAN
MICHAEL MANZO
JAMES NAGLE
A.SURESH REDDY
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 24th day of August, 2021
ORDINANCE 2021-LC-AL-G-1185
A 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 Chanter 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 liquor license classification,Class A-5,to be added to the existing classes as follows:
CLASS A-5: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 five
hundred(500) 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
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store that has no less than twenty-five thousand(25,000)square feet of area and
not greater than 45,0000 square feet, and a portion of which is designated as
the store's"Retail Service Area, as defined in Section 4-1-16.9 of this chapter,
(v)is subleased or leased by the holder of the license from the store tenant or by
an agreement between the holder of the license and the store tenant, (vi) is
located within a regional retail or mixed use center in the B-2 Zoning District
having no less than 80 acres of land area and no less than one million square
feet of building area, and (vii) 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).
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 liquor license.Class A-5,shall be added with an application fee of$2,000 and an
annual liquor license fee of$2,750 with only one Class A-5 liquor license to be issued.
Class Of License Application Fee Almual License Fee Number Issued
A-1 $2.000.00 $2.750.00 37
A-2 2.000.00 2,750.00 0
A-3 2.00000 2,750.00 1
A-4 2,000.00 2,750.00 1
A-5 2,000.00 2,750.00 41
B 2,000.00 2,750.00 17
C 2.000.00 2.200.00 1
D 2.000.00 2.200.00 3
E 2.000.00 4.950.00 6
F No Fee $50 per event Not Applicable
G No Fee No Fee 1
H No Fee No Fee 1
2.000.00 2,750.00 2
J 2.000.00 500.00 0
K 1 2.000.00 2,750.00 0
L 2,000 00 2.750.00 1
M 500.00 3
N 2.000.00 2,750.00 1
O 2.000.00 2,750.00 1
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:
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Further, nothing herein contained shall prohibit: (i) the holder of Class
A-5 Liquor 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-5 Liquor License,as described in Section 4-1-16.9
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 and
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 and 4-1-16.9
of this chapter, 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.
2. Except for private functions not open to the public,for 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, 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 and 4.1.16.9 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
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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 and 4-1-16.9 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
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 of a
Class A-4 and Class A-5 liquor license or applicable Store Tenant from
allowing customers with alcoholic beverages from moving between the
adjacent Restaurant Areas and Retail Service Areas as provided in Section
4-1-16.8 and 4-1-16.9 of this chapter,
Section 6• Amendment to Title 4 Chapter 1 of the Village Code, Chanter 1.
entitled "Liquor Control," of Title 4 entitled "Business and License Reaulations." of the
Villaae Code shall be amended further by addina a new Section 4-1-16.9, entitled Class A-
5Liquor License Regulations " that shall read as follows•
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4-1-16.9: CLASS A-5 LIQUOR LICENSE REGULATIONS:
A In addition to the other applicable conditions and requirements of this
chat?ter� each holder of a Class A-5 Liquor License shall be subject to
the followina conditions and restrictions:
1 In addition to the application requirements of Section 4-1-9 of this
chapter, an application for a Class A-5 Liquor License must Include
the following:
a A site plan clearly delineating the boundaries of the restaurant
nremoses to be licensed, including any outdoor_ areas Ithe
"Restaurant_ Area")• the areas of the adjacent 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 sianaae in compliance with this
chapter; and the location of furniture within the Restaurant Area
bm Written policies or employee training manual provisions of both
the applicant and the Store Tenant addressing the cleaning and
OnPrations of the Retail Service Area in relation to alcoholic
bey rape 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.
? The location of furniture within the Restaurant Area shall remain
consistent durina the term of the license, provided, however, the
license holder may submit revised furniture diaarams for
administrative review and approval by the Village Clerk, Village Fire
Department and Village Building Office.
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 1235
ILLS 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 havina a
tag or other feature making them visually distinct from merchandise
in the Retail Service Area.
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6 Alcoholic liquor served or dispensed within the Restaurant Area(as
opposed to alrnhnl Sold by the license holder in sealed packages
oroffpremises consumption) may only be consumed within the
Restaurant Arra and Retail Service Area. Further, alcoholic liquor
may only—be within the Retail Service Area fit i
-'cried from or dispensed within the Restaurant Area:(ii)during
licensed Sneclal EyentS held pursuant to Class F licenses held by
the Store Tenant or (iii) during private events not open to the
general pub)
7 Notwithstanding the requirements of Section 4-1-18 of this chapter,
o from the Restaurant Area's outdoor dining areas may occur
via nates for emergency use only, with sianaae to that effest._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.
8 Signage must:
a Direct customers to see the Restaurant Area's host stand for
admission to or seating within the outdoor dinina areas.
b Alert customers that exiting the Restaurant Area with any
alcoholic beverages (other than to the Retail Service Areal is
prohibited:and
to No more than the U.S- standard drink size may be sold in a single
container of beer wine nr alcohol at a time.
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 and 4-1-18.9 of this
chapter,access to the outdoor area is through the licensed premises,and no
direct entrance to or exit from such area is permitted,except as required 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
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Subsection 10 as follows(additions shown in bold and double-underline;deloWns shown
allFwalli thFawgh):
Nothing herein contained shall be so construed as to prevent the holder of a
Class A4 and Class A& liquor 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 and 4-1-16.9 of this chapter.
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.
APPROVED THIS 24th day of August,2021
Gopal CLXalmalani
Village President
PASSED THIS 24th day of August,2021
Ayes: Trustees Herman,Manzo,Tiesenga,Yusuf
Nays: None
Absent: Trustees Nagle,Reddy
Recuse:N/A
vti Of 0qk
ATTEST:
G h 1
Charlotte K.Pruss
Village Clerk