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G-1026 - 07/08/2014 - LICENSE -ALCOHOL - Ordinances ORDINANCE 2014-LC-AL-G-1026 AN ORDINANCE AMENDING CHAPTER 1 OF TITLE 4 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS REGARDING LIQUOR LICENSE REGULATIONS 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 ("Village Code"), the Village regulates the number, kind, and classification of licenses for retail sales of alcoholic liquor("Liquor Regulations"); 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 keep the Liquor Regulations consistent with recent developments of law and to provide more efficient administration of the Liquor Regulations; 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 6 of the Village Code. Section 6, entitled "License Required; Term," 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: 4-1-6: LICENSE REQUIRED; TERM: It shall be unlawful for any person to sell or offer for sale, at retail, within the limits of the village any alcoholic liquor without having first properly obtained and displayed a retail liquor dealcr'G license, or in violation of the terms of such retail liquor license, or in violation of the provisions of this chapter. The term of each retail liquor license issued hereunder shall be from July 1 through June 30. Section 3: Amendment to Title 4, Chapter 1, Section 8 of the Village Code. Section 8, entitled "License Fees and Number," 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 NUMBER: 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: Additions are bold and double-underlined; :- _ . - •. Ordinance 2014-LC-AL-G-1026 Amending Liquor License Regs. Page 2 of 9 Class Of Application Annual Number License Fee License Fee Issued A-1 $2,000 .00 $2,750 .00 24 A-2 2,000 .00 2,750 .00 1 A-3 2,000 .00 2,750 .00 1 B 2,000 .00 2,750 .00 12 C 2,000 .00 2,200 .00 1 D 2,000 .00 2,200 .00 2 E 2,000 .00 4,950 .00 4 F No fee $50.00 per event Not applicable G No fee No fee 0 H No fee No fee 1 Section 4: Amendment to Title 4, Chapter 1, Section 9 of the Village Code. Section 9, entitled "Application for License," 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: 4-1-9: APPLICATION FOR LICENSE: Applications for a retail liquor license shall be made in writing or electronically sent to the local liquor control commissioner on forms provided by the village, signed by the applicant, if an individual; or if a corporation, partnership or limited liability company, by a duly authorized agent thereof, verified by oath or affidavit;, Pay Application Fee: All applications for issuance of a retail liquor license hereunder shall be accompanied by the deposit of a check, money order, or cash in the full amount of the application fee required to be paid for the classification of license applied for pursuant to section 4-1-8 of this chapter. All applications for a retail liquor license must contain the following: A. a- The name, date of birth, driver's license number and state where issued to the applicant, in the case of an individual; in the case of a partnership, the same information from the persons entitled to share in the profits thereof; in the case of a corporation, the date of incorporation, the objects and purposes for which it was organized, a summary of its activities during the past year, and the aforesaid information 2 Ordinance 2014-LC-AL-G-1026 Amending Liquor License Regs. Page 3 of 9 for each of the officers, directors, all persons owning directly or beneficially more than five percent (5%) of the stock of such corporation, the general manager(s) and the person(s) operating as liquor manager(s) of the premises; and in the case of a limited liability company, the date of organization, the purposes for which it was organized, a summary of its activities during the past year, and the aforesaid information for each of the managers and members owning directly or beneficially more than five percent (5%) of the ownership of the company and the person operating as manager of the premises; The citizenship of the applicant, the place of the applicant's birth, and if a naturalized citizen, the date and place of the applicant's naturalization, If the a•olicant is not a citizen of the United States, a statement indicating if the applicant is a permanent resident of the United States, and if so, the date the applicant's permanent resident status was granted; & The character of business of the applicant; and in case of a corporation or limited liability company, the purposes for which it was formed; 4. The length of time said applicant has been in business of that character, or in the case of a corporation or limited liability company, the date when its charter was issued; E, 5, The location and description of the premises or place of business which is to be operated under such liquor license; E. 6, A statement whether applicant has made application for a similar or other liquor license on premises other than described in this application, and the disposition of such application; Sz. 7, A statement that the applicant is not unqualified to receive a liquor license by reason of any matter or thing contained in this chapter, laws of this state, or the ordinances of the village, and a statement as to whether the applicant has ever been convicted of a felony; EL 8, Whether a previous liquor license issued by any licensing authority has been revoked, and the reasons therefor; 9,A statement that the applicant will not violate any of the laws of the state of Illinois, or of the United States, including, but not limited to, the Americans wWith dpisabilities aAct, or any ordinances of the village of-Oak-Breek in the conduct of the applicant's business; J. 4 A statement describing the specific procedures to be enacted by the applicant to monitor operations to ensure no incidence of underage drinking; K. 1-1, A completed fingerprint card from each general partner, sole proprietor, general manager and liquor manager; and any officer of a corporation or limited liability company who owns either directly or indirectly more than five percent (5%) of the outstanding shares of any class of the capital stock of said corporation or more than five percent (5%) ownership interest of said limited liability company;. Notwithstanding anything to the contrary contained in this subsection K, a person named herein is not required 3 Ordinance 2014-LC-AL-G-1026 Amending Liquor License Regs. Page 4 of 9 to submit a fina-rprint card to the village if the village already has a fingerprint card on file for that person; and L, 1-2: Such additional information or identification as the local liquor control commissioner may deem necessary for directors and other persons affiliated with the applicant in order to establish the character of the applicant. Section 5: Amendment to Title 4, Chapter 1, Section 10 of the Village Code. Section 10, entitled "Persons Eligible for License," 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: 4-1-10: PERSONS ELIGIBLE FOR LICENSE: No such liquor license shall be issued or renewed to the following: A. An individual who is not a resident of the village; BA. A person who is not of good character and reputation in the community; Ga. A person who is not a citizen or a permanent resident of the United States; D . A person who has been convicted of a felony under any federal or state law if the local liquor control commissioner determines after investigation, that such person has not been sufficiently rehabilitated to warrant the public trust; EQ. A person who has been convicted of being the keeper of, or is keeping, a house of ill fame; FE. A person who has been convicted of pandering or other crime or misdemeanor opposed to public decency and morality; GE. A person whose liquor license under this chapter has been revoked for cause; 14G. A person who at the time of application for renewal of any liquor license issued hereunder would not be eligible for such liquor license under a first application; WI. If the applicant is a A partnership: 1. Unless all of the memb partners of such partnership shall would be qualified to obtain a license if each of the partners applied for a license in their individual capacity; 2. To which a federal gaming device stamp or a federal wagering stamp has been issued by the federal government for the current tax period, or if any of the partners have been issued a federal gaming device stamp or federal wagering stamp by the federal government for the current tax period; 41. if the applicant is a A corporation or limited liability company: 4 Ordinance 2014-LC-AL-G-1026 Amending Liquor License Regs. Page 5 of 9 1. If any officer, manager or director thereof, or any stockholder or stockholders owning directly or beneficially in the aggregate more than five percent (5%) of the stock of such corporation, would not be eligible to receive a liquor license hereunder for any reason other than citizenship - . - .- - • ••• -- • - .- or permanent resident status; 2. Unless it is incorporated in Illinois or unless it is a foreign corporation which-is qualified under the Illinois business sQorporation aAct to transact business in Illinois; 3. If any officer, manager or director thereof, or any stockholder owning in the aggregate more than five percent (5%) of the stock of such corporation has been issued a federal gaming stamp or a federal wagering stamp for the current tax period; KJ. A person whose place of business is conducted by a manager or agent, unless said manager or agent possesses the same qualifications required of the licensee; LK. A person who has been convicted of a violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor, or who shall have forfeited his bond to appear in court to answer charges for any such violation; ML. A person who does not own the premises for which a liquor license is sought, or does not have a lease thereon for the full period for which the liquor license is issued; NM. Any elected public official, village employee, and no such official shall be interested in any way, either directly or indirectly, in any business holding an Oak Brook liquor license; ON. A person who fails to obtain a state liquor license; PQ. A person who is not a beneficial owner of the business to be operated by the licensee; OP. A person who has been convicted of a gambling offense as prescribed by 720 Illinois Compiled Statutes 5/28-1, as heretofore or hereafter amended, or as proscribed by a statute replaced by any of the aforesaid statutory provisions; RQ. A person to whom a federal gaming device stamp or a federal wagering stamp has been issued by the federal government for the current tax period; SR. Any premises for which a federal gaming device stamp or a federal wagering stamp has been issued by the federal government for the current tax period. 5 Ordinance 2014-LC-AL-G-1026 Amending Liquor License Regs. Page 6 of 9 Section 6: Amendment to Title 4, Chapter 1, Section 15 of the Village Code. 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: 4-1-15: CONDITIONS OF LICENSES: * * C. Mandatory Alcohol Awareness Training: 1. It shall be the responsibility of each licensed establishment which sells alcoholic liquor to provide certified training from the state licensed beverage alcohol seller server education training (BASSET) program or training for intervention procedures (TIPS) program to its liquor managers, bartenders, servers, and any other employee involved in the furnishing of alcoholic beverages to its customers. 2. It shall be the responsibility of each licensed establishment which sells alcoholic liquor for consumption on the premises to have present on the premises at all times when alcoholic liquor may legally be sold, a manager or other employee in charge of such establishment who shall have successfully completed a training program for servers and sellers licensed by the Illinois department of alcohol and substance abuse and approved by the commissioner. In addition to the penalties otherwise provided in this chapter, failure to comply with this section shall be cause for denial of a liquor license or subject a licensee to the penalties set forth in section 4-1-25 of this chapter. 3. The initial application and all subsequent renewal applications for all classes of retail liquor licenses shall be accompanied by proof of completion (copy of certificate) of such program licensed by the state by all liquor managers and such other current employees as are necessary to comply with the provisions of subsection C1 of this section. 4. In addition to the other requirements of this section, all liquor managers shall attend a program conducted by the Oak Brook police department relative to alcohol awareness at least once every two (2) years commencing July 1, 2001, provided that any liquor manager hired after July 1, 2002, shall attend the next available alcohol awareness program. * * * Section 7: Amendment to Title 4, Chapter 1, Section 17 of the Village Code. Section 17, entitled "Special Events 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: 4-1-17: Special Events Licenses: A. The purpose of this section is to provide for the issuance of annual licenses for the sale or dispensing of alcoholic liquor during special events. It shall be unlawful for any person who does not hold a valid special event license issued pursuant to the provisions of this chapter to sell or dispense or cause to be sold or dispensed alcoholic liquor at a grand opening, winetasting, open 6 Ordinance 2014-LC-AL-G-1026 Amending Liquor License Regs. Page 7 of 9 house or other special event open to the public without first having obtained an-annual a special event license from the commissioner. It shall be unlawful for any person who holds a valid license issued pursuant to the provisions of this chapter to sell or dispense alcoholic liquor in any manner which exceeds the restrictions and limitations of such license without first having obtained a special event license from the commissioner. A special event license does not authorize a licensee to engage in package liquor sales at a special event. B. Applications for a special event license shall be filed annually on forms provided by the village clerk. The general application procedures set forth in sections 4-1-9 and 4-1-10 of this chapter shall not apply to licenses issued under this section. The application shall include such information as the commissioner determines is necessary to process such application, which information may include, but shall not be limited to, the estimated number of persons attending the event, the location and layout of liquor sales at the event and at the premises, the persons responsible for dispensing of alcoholic liquor, steps to be taken by the applicant to protect against any violations of the village's ordinances, and information regarding the manner in which liquor will be dispensed and consumed. Information and material related to applicant's qualifications may be required during the processing of such application, in addition to the information provided in the original submittal, including attachments. In the event that the applicant is made aware that any information or document submitted as part of this application process is inaccurate or incomplete, applicant shall immediately notify the commissioner and provide appropriate corrections. Failure to accurately and completely provide, or as necessary update, required information may delay the processing of such application or result in its denial. C. An-annual A class F license shall be required regardless of the number of events to be held by the licensee. The annual license fee for a class F license shall be as provided in subsection 4-1-8A of this chapter. D. Upon submittal of a properly completed application and payment of the fee, the commissioner may issue an-annual a special events license subject to the following conditions and restrictions: 1. Each special event shall last no longer than three (3) consecutive days. n. The licensee shall notify the commissioner of each event to be held no less than ten (10) days prior to the event and shall obtain a license to be posted at such event for each such event. Any licensee who fails to notify the commissioner within the ten (10) day period shall be required to pay the village a surcharge of fifty dollars ($50.00) which shall be in addition to all other fees required to be paid by the licensee. 7 Ordinance 2014-LC-AL-G-1026 Amending Liquor License Regs. Page 8 of 9 43. The provisions of subsection 4-1-11B of this chapter, regarding the proximity of the licensed premises to a church, school, other institution of higher learning, or other entity as provided in 235 Illinois Compiled Statutes 5/6-11, shall not apply to special event licenses issued under this section. M. Except as otherwise provided in this section, the applicant shall comply with all applicable provisions of this code, including, but not limited to, zoning, building, and health and safety regulations. 6fi. Applicant shall provide the commissioner or the commissioner's designee with a certificate or policy of insurance as evidence that it has obtained coverage as follows: general liability insurance with limits of not less than one million dollars ($1,000,000.00) combined single limit, or one million dollars ($1,000,000.00) per occurrence and per aggregate, naming the village of Oak Brook as a party insured. Such insurance coverage shall be issued by an insurance company licensed to do business in the state and shall have a "Best" rating acceptable to the village. The effective period of such insurance coverage shall coincide with the period during which the annual special event license is in effect. In addition, the applicant shall furnish evidence satisfactory to the commissioner or the commissioner's designee that it is covered by a policy of liquor liability insurance by a responsible insurance company authorized and licensed to do business in the state, insuring such applicant in the amount of not less than one million dollars ($1,000,000.00). 7S. It shall be the responsibility of any special event licensee selling alcoholic liquor to provide certified training from the state licensed beverage alcohol seller server education training (BASSET) program or training for intervention procedures (TIPS) program to its liquor managers (except for caterers), bartenders, servers, and any other employee involved in the furnishing of alcoholic beverages to customers at a special event. Each application for a special event license shall be accompanied by proof of completion (copy of certificate) of such program licensed by the state for all liquor managers and such other current employees as are necessary to comply with the provisions of this subsection. Section 8: 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 9: 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] 8 Ordinance 2014-LC-AL-G-1026 Amending Liquor License Regs. Page 9 of 9 APPROVED THIS 8th day of July, 2014 .., ; Gopal G..'Lalmalani Village President PASSED THIS 8th day of July, 2014 Ayes: Trustees Adler, Manzo, Moy, Wolin, Yusuf Nays: None Absent: Trustee Baar (6a ATTEST J 0 j" r Charlotte K. Pruss V 14-. is Village Clerk i e� ws 9