G-1026 - 07/08/2014 - LICENSE -ALCOHOL - Ordinances Supporting Documents ITEM 6.F. 1)
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AGENDA ITEM
Regular Board of Trustees Meeting
of
July 8,2014
SUBJECT: An Amendment to Chapter 1 of Title 4 of the Village Code of the Village of Oak
Brook, Illinois Regarding Liquor License Regulations
FROM: Charlotte K. Pruss, Village Clerk
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to approve passage of Ordinance 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"
Background/History:
During the Village's annual liquor license renewal process, the Village Clerk, Village Clerk's
Assistant Kathy Vonachen and Village Attorney Schuster identified several sections of Chapter
1, of Tile 4 ("Liquor Regulations") of the Village Code that should be amended to keep the
Liquor Regulations consistent with developments in the law and the Village's current practices.
In addition, the amendments would make the Liquor Regulations more clear and lead to a more
efficient administration of the liquor licensing process.
The explanation for the amendments are as follows:
Section 4-1-6
In the Liquor Regulations, a "retail liquor license" is also referred to a "retail liquor dealer's
license" and "license." Section 4-1-6 (as well as several of the other Sections of the Liquor
Regulations listed below) was amended to eliminate the inconsistencies in how the "retail liquor
license" is characterized.
ric\----
Section 4-1-8
The Village issues liquor licenses for special events on a per event basis. The Village no longer
issues annual special events licenses. Accordingly, the fee schedule in Section 4-1-8 should
reflect the Village's current practice.
Section 4-1-9
The first amendment to Section 4-1-9 would remove the requirement that applicants must submit
their social security numbers to the Village. The Village does not need to collect social security
numbers to run background checks. In addition, the inadvertent disclosure of an applicant's
social security number could expose the Village to liability.
The second proposed amendment to Section 4-1-9 is to permit permanent residents to apply for,
and obtain, retail liquor licenses in accordance with developments in the law. The third
amendment would eliminate the requirement for applicants to submit fingerprint cards to the
Village if the applicants already have fingerprint cards on file with the Village. Once an
applicant's fingerprints are on file, the Village does not need to obtain a person's fingerprints
again.
Section 4-1-10
The amendments to Section 4-1-10 are consistent with the amendments to Section 4-1-9 and are
meant to keep the Liquor Regulations consistent with developments in the law. In addition,
small revisions to this section are proposed to refine some of the language.
Section 4-1-15
Section 4-1-15 refers to a "retail liquor dealer's license," which is the same license as a "retail
liquor license." The proposed amendment makes Section 4-1-15 consistent with the rest of the
Liquor Regulations.
Section 4-1-17
The proposed amendments to Section 4-1-17 eliminate the annual special event license and,
instead, allow a person to apply for special event licenses on a per event basis. This amendment
would allow the Village to have more oversight over the serving and sale of liquor at special
events and allow for more efficient processing of special event liquor license applications.
Second, a provision is added to Section 4-1-17 to make it more clear that while a special event
license allows a licensee to sell and serve liquor for consumption at the special event, the special
event license does not authorize a licensee to engage in package liquor sales. This amendment
does not change the substance of the Liquor Regulations; rather it is meant to better clarify the
regulation.
The other proposed amendments to this Section are not substantive. They too are meant to add
additional clarity to the Liquor Regulations.
Recommendation:
The recommendation is for passage of Ordinance 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"
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 dealer's 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,,and-shail-Gentain-the
A 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� 1- 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
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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;
• 2, 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 naturalizations if the
applicant 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;
• 3, The character of business of the applicant; and in case of a corporation or
limited liability company, the purposes for which it was formed;
P. 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;
H. 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 dDisabilities aAct, or any ordinances of the village of-Oak-Week in the
conduct of the applicant's business;
E. 1-9: A statement describing the specific procedures to be enacted by the
applicant to monitor operations to ensure no incidence of underage drinking;
K. 41- 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-4 Notwithstanding anything to the contrary
contained in this subsection K, a person named herein is not required
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Amending Liquor License Regs.
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to submit a fingerprint card to the village if the village already has a
fingerprint card on file for that person; and
L. 42 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;
C . A person who is not a citizen or a permanent resident of the United States;
DC. 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;
E . 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;
MG.. 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;
}H. If the applicant is a A partnership:
1. Unless all of the members partners of such partnership shall would
be qualified to obtain a license jf 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;
dl.
If the applicant is a A corporation or limited liability company:
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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 and residence within the village or permanent
resident status;
2. Unless it is incorporated in Illinois or unless it is a foreign corporation
which-is qualified under the Illinois b usiness eeorporation 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;
l K. 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;
NIL. 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;
QE. 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.
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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 alcoholic liquor dealer's 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
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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.
2. No special event licensee may conduct more than ten (10) special
events in any one license year.
32. 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.
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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.
54. 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.
66. 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).
7fi. 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]
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APPROVED THIS 8th day of July, 2014
Gopal G. Lalmalani
Village President
PASSED THIS 8th day of July, 2014
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
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