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Agenda Item Details
Meeting Jul 10, 2018 - COMMITTEE OF THE WHOLE AGENDA
Category 4. DISCUSSION ITEMS
Subject 4.1 VIDEO GAMING DRAFT ORDINANCE DISCUSSION'
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Type Action
Page I of 2
Recommended Action Staff proposes the draft ordinance continues to progress and be considered for a firs'li
reading at the July 17 Village Boarding Meeting.
Public Content
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The Village Board reviewed an initial draft ordinance to permit video gaming in licensed establishments at the June 12
Committee of the Whole meeting.
The draft ordinance was revised based on the June 12 discussion and is being presented again for further review.
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Eliminated the percentage of annual income received from video gaming shall not exceed 30% of the
restaurant's net income. The intent of this regulation was to control for video gaming cafes. The existing Class
F and S-3 licenses restrictions achieve the same purpose without the administrative burden of reviewing annual
income. Also, Wheeling, IL had a similar restriction but recently modified it due the administrative burden.
Added a one-year trial period prior to an establishment being eligible to apply for a video gaming license. This
allows the Village an opportunity to review an establishment's video gaming license request with at least a year
of experience operating with a restaurant with liquor license.
Proposed license fees. The video gaming liquor license fee would match the parent liquor license fee (for
examples: F-3 =$2,750 and F -3-V=$2,750). The annual video gaming terminal fee is proposed to be $1,000
per terminal.
Video Gaming License Fee Comparison
Buffalo Grove
$1,000 per Terminal
�11
�,$1,000 per Establishment
Hoffman Estates
$400 per Terminal
Prospect Heights (Non -Home Rule)
$25 per Terminal
Rolling Meadows
$1,000 per Terminal
M,$1,000 per Terminal
The draft code was reformatted since the restrictions are the same for each video gaming license classificatio
All video gaming restrictions are listed under "Descriptions and Restrictions" instead of being repeated under
each video gaming license description. I
Restrictions regarding burglar alarm systems and physical barrier were not modified from the initial draft. The cost of
burglar alarm systems and physical barriers vary significantly; however, terminal operators assist establishments to
comply with these types of local restrictions.
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https://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login 7/10/2018
BoardDocs® Pro
1. Discuss draft ordinance permitting video gamin
2. Action at discretion of Village Board. I
Page 2 of 2
Staff Recommendation
Staff recommends approval of a video gaming ordinance. Authorizing video gaming for existing restaurant operators
in Mount Prospect eliminates a competitive disadvantage, especially in light of the County's approval of video gaming
in unincorporated areas in August of 2018. Staff recommends video gaming revenues be restricted to property tax
abatement and pay -down of callable debt issues. Staff recommends the draft ordinance be considered for a first
reading at the July 17 Village Boarding Meeting and a second reading on August 7.
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Administrative Content
AB to NB/MC: One point of discussion which I did not further address is what to do with the revenues.
• Paying principle on bonds: We would have to hold the money until the bond's call date.
• Paying for gambling treatment: The State Act has 25% of license fees directed to the Department of Human
Services for administration of programs for the treatment of compulsive gambling - subject to appropriation
the General Assembly.
• We can make a village policy to dedicate revenues without codifying.
Executive Content
https://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login 7/10/2018
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 13 OF THE VILLAGE OF MOUNT
PROSPECT'S MUNICIPAL CODE, "ALCOHOLIC LIQUORS," SPECIFICALLY
SECTIONS 13.101, 13.204 AND 13.204.1; CHAPTER 23 OF THE VILLAGE OF MOUNT
PROSPECT'S MUNICIPAL CODE, "OFFENSES AND MISCELLANEOUS
REGULATIONS," SPECIFICALLY SECTION 23.503.1; AND APPENDIX A, DIVISION
II OF THE VILLAGE OF MOUNT PROSPECT'S MUNICIPAL CODE TO CREATE
LIQUOR LICENSES FOR ESTABLISHMENTS WITH VIDEO GAMING
WHEREAS, the Village of Mount Prospect ("Village") and its officials are authorized
pursuant to the provisions of Section 4-4 of the Illinois Liquor Control Act of 1934, (235 IL,CS
5/4-1, et seq.), to provide for the control, management and licensing of the sale of alcoholic
beverages within the corporate boundaries of the Village of Mount Prospect; and
WHEREAS, the Village has determined it is necessary and desirable to provide additional
classes of liquor licenses, which would allow its recipients to operate video gaming in the Village;
and
WHEREAS, the President and Board of Trustees find it is in the best interests of the
community of the Village of Mount Prospect to approve the Ordinance as herein amended.
NOW, THEREFORE, BE IT ORDAINED by the President and the Board of Trustees
of the Village of Mount Prospect, County of Cook, State of Illinois:
SECTION A:
Section 13.101 of the Mount Prospect Municipal Code, "WORDS AND PHRASES," is
hereby amended to include a new definition of "Educational Facility" and "Video Gaming Cafe"
to read as follows:
IIL(D GAMING A.,F�, - An esba:Hshni..nb whose p!]iii(i2y..�21lilw..or 1'oclus k V:adeo g„aniang...anc...
SECTION B:
Section 13.204 of the Village of Mount Prospect's Municipal Code,
"CLASSIFICATIONS,” is hereby amended to read in its entirety as follows:
A. Licenses: Liquor licenses in the Village shall be divided into the following classifications:
1. Package Licenses (P):
Class P-1 General package license.
Class P-2 Secondary package license.
Class P-3 Wine and beer only package license.
3941121
Class P-4
Wine only package license.
Class P-5
Home delivery license.
2. Food Service Licenses fl:
Class F-1 Restaurant without lounge license.
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Class F-2 Restaurant, wine and beer only license.
0ass F 2 V I�C�tcWrant, w�ne an(] beer ogy yJg:a
Class F-3 Restaurant with lounge license.
0ass F 3 V I�estaiarant wkli �oiVg�4cense:, v4(:� 2 gaiMng
Class F-4 Private club license.
3. Specialty Licenses (S):
Class S-1
CMI I -MU X!II4t22
Class F-5
Banquet facility license.
Class F-6
Golf course license.
Class F-7
Restaurant corkage license.
Class F-8
Brewpub license.
0ass F 8 V
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3. Specialty Licenses (S):
Class S-1
Hotel license.
Class S-2
Bowling alley license.
0ass S 2 V
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Class S-4
Gourmet beverage shop license.
Class S-5
Movie theater license.
Class S-6
Complimentary service license.
Class S-7
Caterer's license.
Class S-8
Craft brewery or distillery license.
Class S-9
License with special conditions.
B. Temporary Permits:
1. Non -Mount Prospect caterer's permit.
2. Ad hoc.
C. License Endorsements:
1. Sampling.
2. Mount Prospect caterer.
3. Outdoor entertainment.
4. Corkage endorsement (Class F only). Any Class F-1, F-2 or F-3 licensee may, in the
discretion of the licensee, allow a patron to bring his or her own unopened wine into the
establishment subject to the same restrictions as a Class F-7 license.
D. Certifications:
3941121
1. Management entity certification.
2. Outdoor certification.
SECTION C:
Section 13.204.1 of the Mount Prospect Municipal Code, "DESCRIPTIONS AND
RESTRICTIONS," is hereby amended to read in its entirety as follows:
The restrictions on a particular license, permit or certification classification shall be binding on the
licensee and no premises or activity may be operated in violation of the classification restrictions
and regulations. No license, permit or certification may be issued unless the applicant's business
is specific to one of the following classifications:
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A. Class P Licenses (Package):
1. Restrictions Applicable To All Class P Licenses:
a. Consumption and/or allowing consumption on the premises where sold is prohibited.
(See subsection El of this section for special daily sampling events.)
b. The licensee is prohibited from selling or offering for sale single containers of
refrigerated or chilled alcoholic beverages where the single container has a capacity of less
than twenty two ounces (22 oz).
c. A Class P licensee may sell gasoline for motor vehicles only if the sale of gasoline takes
place at a building or structure that is physically separated from the licensed premises.
d. Except for a duly permitted daily sampling, it shall be unlawful for the holder of any
Class P license to deliver alcoholic beverages in any container other than its original sealed
and unopened package.
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2. Specific Class P Licenses:
a. General Package License: Class P-1, for delivery of all alcoholic beverages in an original
sealed package. Regulations specific to a Class P-1 license:
(1) Under no circumstances shall there be more than five (5) Class P-1 general
package licenses outstanding at any time.
(2) The license may not be issued for a premises whose primary business is the sale
of groceries or other products.
b. Secondary Package License: Class P-2, for delivery of alcoholic beverages in an original
package only, at a premises where the primary business is the sale of goods and products
other than alcoholic beverages. Regulations specific to a Class P-2 license:
(1) The licensed premises shall contain not less than ten thousand (10,000) square
feet of floor area.
(2) The sale of prepackaged food items must be a significant (not merely incidental)
aspect of the business model.
c. Wine And Beer Only Package License: Class P-3, for the delivery only of wine and beer
in its original package. Regulations specific to the Class P-3 license:
3941121 4
(1) No Class P-3 license shall be issued for a premises whose primary business is
the sale of groceries or other products not related to the sale of alcohol unless the
premises occupies at least ten thousand (10,000) square feet of floor area.
d. Wine Only Package License: Class P-4, for delivery only of wine in its original package.
Regulations specific to a Class P-4 license:
(1) No Class P-4 license shall be issued for a premises whose primary business is
the sale of groceries or other products unless the premises occupies at least ten
thousand (10,000) square feet of floor area.
e. Home Delivery License: Class P-5, for the storage or loading within the Village of
alcoholic beverages that are to be delivered to residences. Regulations specific to a Class
P-5 license:
(1) Only beer and wine may be delivered within the Village pursuant to a Class P-
5 license.
(2) Delivery within the Village must be made directly into the hands of an actual
individual and may not be "dropped off' at an address.
B. Class F Licenses (Food Service):
1. Restrictions Applicable To All Class F Licenses:
a. The premises shall be primarily devoted to the preparation, cooking and serving of meals.
b. The premises must have a kitchen, dining room, staff and equipment as deemed adequate
by the Village health authority.
c. Full food service including dinner and/or luncheon menus shall be offered at all times
while alcoholic beverages are served.
d. See subsection E2 of this section for off site catering privileges.
e. See subsection Fla of this section for outdoor service of alcoholic beverages at
establishments that are within three hundred feet (300') of a residential zoning district and
subsection 14.311B of this Code for regulation of outdoor dining areas in other parts of the
Village. See section 13.408 of this chapter for the holding of events for civic organizations.
f. Spirits may not be sold, delivered or served by the bottle. (See banquet facility exception
at subsection B2e(2) of this section.)
g. Infused beverages may be delivered only in accordance with State regulations.
2. Specific Class F Licenses:
a. Restaurant Without Lounge License: Class F-1, for service of alcoholic beverages at a
restaurant. Regulations specific to a Class F-1 license:
(1) Consumption or allowing of consumption of alcoholic beverages at any place
other than dining tables is specifically prohibited.
(2) Service of alcoholic beverages shall be limited to those patrons dining in the
restaurant.
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b. Restaurant, Wine And Beer Only License: Class F-2, for the providing of beer and wine
only at a restaurant. Regulations specific to a Class F-2 license:
(1) Consumption or allowing of consumption of alcoholic beverages at any place
other than dining tables is specifically prohibited.
(2) Service of alcoholic beverages shall be limited to those patrons dining in the
restaurant.
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c. Restaurant With Lounge License: Class F-3, for providing of alcoholic beverages by
restaurants maintaining a separate lounge area. Regulations specific to the class F-3 license:
(1) Alcoholic beverages delivered in the restaurant portion of the premises shall be
limited to those patrons dining in the restaurant.
(2) Alcoholic beverages may be served in the lounge portion of the premises with
or without the service of food.
3941121 6
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d. Private Club License: Class F-4, for providing of alcoholic beverages at a private club.
Regulations specific to a class F-4 license:
(1) Service of alcoholic beverages may be only to: a) members; and b) guests of a
specific member if that member is also on the premises.
(2) The organization must own or lease a premises of sufficient size and character
for the reasonable and comfortable use and accommodation of its members and
their guests.
(3) The licensee's affairs and management must be conducted by a board of
directors, executive committee or similar body chosen by the members at an annual
meeting.
(4) No member or any officer, agent or employee of the club may be paid or directly
receive as compensation, any profits from the distribution or sale of alcoholic
beverages at the club, beyond the amount of such salary as may be fixed and voted
at any annual meeting by the members or by its board of directors or other
governing body out of the general revenue of the private club.
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3941121 7
e. Banquet Facility License: Class F-5, for the service of alcoholic beverages at private
events at the banquet facility. Regulations specific to a class F-5 license:
(1) Consumption of alcoholic beverages at or over a bar shall be permitted, but all
consumption shall be limited to those patrons who are guests invited specifically to
the private event.
(2) Spirits may be delivered and served at individual tables in the same manner as
beer or wine.
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f. Golf Course License: Class F-6, for the service of alcoholic beverages at golf courses.
This license shall include service in a clubhouse restaurant, a clubhouse lounge, service
from licensee owned carts on the golf course, service at any other snack or food facility on
the course and at events on the golf course grounds. Regulations specific to a class F-6
license:
(1) If the golf course also offers regular meal service in a restaurant type of facility,
then the regulations applicable to the appropriate class F license shall apply to that
restaurant facility.
(2) If the golf course does not operate a restaurant facility, but operates a lounge,
the regulations applicable to an S-3 license shall apply to the lounge.
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g. F-7 Restaurant Corkage License: Class F-7 shall allow patrons to bring unopened wine
into a restaurant establishment for the sole purpose of consumption in that establishment.
Regulations specific to the class F-7 license:
(1) A corkage fee may be assessed to the participating patrons.
3941121 8
(2) Corkage service shall be limited to those patrons dining in the restaurant and
seated at a table. Corkage service shall not be available in a lounge.
(3) Corkage wine may only be consumed on the premises during the hours set forth
in section 13.403 of this chapter.
(4) A manager who has successfully completed a certified alcohol awareness
training course shall be on the premises any time that corkage service is available.
The individual servers are not required to have such training.
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h. Brewpub License: Class F-8 for service of alcoholic beverages at a restaurant which
brews beer on its premises. Regulations specific to an F-8 license:
(1) All regulations applicable to a class F-3 license shall apply to an F-8 license.
(2) The licensee must be in compliance with state regulations applicable to a state
brewpub license.
(3) Growlers and howlers.
(A) May be filled only with beer manufactured on the premises; and
(B) Shall be filled and sanitized according to all applicable laws and
regulations; and
(C) Shall be sealed with a tamperproof seal; and
(D) May be sold for off premises consumption only.
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C. Specialty Licenses: See section 13.408 of this chapter for the holding of events for civic
organizations. The following restrictions apply to all Class S Licenses which allow Video Gaming:
3941121 9
1. Hotel License: Class S-1, for the service of alcoholic beverages to guests of the hotel.
Regulations specific to the class S-1 license:
a. Alcoholic beverages may be served, consumed or allowed to be consumed only in
guestrooms, hospitality suites and other areas of the hotel that are designed, designated and
used as lounges or food service areas.
b. If the hotel premises is used for private events, then the regulations applicable to class
F-5 (banquet facility) shall apply.
c. If the hotel also offers regular meal service in a restaurant or restaurant type of facility,
then the regulations applicable to the appropriate class F license shall apply to that
restaurant facility.
d. If the restaurant is operated by a person other than the licensee, the commissioner shall
have the sole authority to determine whether a management entity certification or a class F
license is required.
e. Absolute liability and responsibility shall attach to the S-1 licensee if any alcohol is
consumed by a minor at any location within or on the hotel premises, including any in room
bar or refrigeration units.
f. Except for the stocking and use of in room bar or refrigeration units, spirits may not be
sold, delivered or served by the bottle.
g. Infused beverages may be delivered only in accordance with state regulations.
2. Bowling Alley License: Class S-2, for service of alcoholic beverages at a bowling alley.
Regulations specific to a class S-2 license:
a. The premises must operate as a bowling alley with full bowling facilities.
b. Alcoholic beverage service must be incidental to bowling.
c. The lounge area may comprise no more than twenty five percent (25%) of the floor area.
d. Food service must be available to patrons at all times when alcoholic beverages are
served.
e. Spirits may not be sold, delivered or served by the bottle.
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4. Gourmet Beverage Shop License: Class S-4, the regulations governing class P (package license)
shall apply, except as follows:
a. A gourmet beverage shop license shall be available only in a B-5 zoning district.
b. No "spirits", as defined by this chapter, may be served.
c. Glasses or flights of wine or beer may be served on the licensed premises under the
following conditions:
(1) Hors d'oeuvres must be available for consumption with the wine or beer.
(2) No more than ten (10) ounces of wine or twenty (20) ounces of beer may be
served to any individual during any day.
(3) Each glass or flight of wine may contain no more than five (5) ounces and each
glass or flight of beer may contain no more than ten (10) ounces.
d. A class S-4 licensee may conduct off premises winetasting upon securing a daily or
annual sampling license endorsement and in accord with the regulations for such
endorsement. On premises samplings do not require a sampling endorsement, but
nonetheless must be conducted in accord with the regulations of subsection El of this
section.
e. A class S-4 licensee may serve wine and beer at an event where the sponsor has obtained
a permit even if the event is not on the S-4 licensed premises.
f. A class S-4 licensee may serve wine or beer at a Mount Prospect licensed business which
does not otherwise possess a Mount Prospect liquor license under the following conditions:
(1) Such service may take place at a promotional event inside the business premises
only.
(2) The business must have obtained an ad hoc permit.
(3) Such service at any single business may be made at not more than two (2) such
events in any license term.
(4) The S-4 licensee may not conduct such service for a total of more than twenty
(20) times in any license term. The licensee shall notify the commissioner, in
writing, not less than fourteen (14) days in advance of any such service event.
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sli ffl not be fflowe(] an a bibs S 4.. censer j VIvIM'Ses..
5. Movie Theater License: Class S-5, for delivery of alcoholic beverages at a movie theater.
Restrictions specific to a class S-5 license:
a. Service of alcoholic beverages shall be limited to a designated customer bar.
b. Service of alcoholic beverages may be made only to persons wearing a wristband
approved by the village of Mount Prospect police department ("alcohol wristband"). The
person dispensing alcohol wristbands shall have completed a certified alcohol awareness
training course as set forth in subsection 13.407F of this chapter. The alcohol wristband
shall be valid only for the date on which it is obtained from the movie theater. This
3941121 11
subsection C5b may be waived, in writing, by the commissioner if the commissioner is of
the opinion that other procedures instituted by the licensee provide acceptable substitute
measures to assure that underage persons are not served. This waiver may be made only
after a review of the written statement of practices that the applicant intends to institute. If
there is such a waiver, the waiver may be withdrawn by the Commissioner at such time as
the Commissioner makes a finding of service of alcohol to an underage person pursuant to
this chapter.
c. Alcoholic beverages may be consumed in the movie theater auditorium, but may not be
delivered or served in any movie theater auditorium.
d. The containers in which alcoholic beverages are served must be of a different color, size
and design than those in which nonalcoholic beverages are served.
e. Beer may be sold only in individual containers holding twenty (20) ounces or less. All
other alcoholic beverages may be sold only in individual containers holding twelve (12)
ounces or less. This limitation shall be absolute and shall apply irrespective of the actual
alcohol content of the beverage.
f. No more than one alcoholic beverage may be delivered to a customer in any one trip to
the bar.
g. There may be no service of alcoholic beverages unless the movie theater is actually open
for the showing of movies. Under no circumstances may alcoholic beverages be served
more than one hour prior to the advertised showing time of the first movie to be shown on
any day.
h. The lobby bar and the lounge area associated with the bar may comprise no more than
twenty percent (20%) of the floor area outside of the auditoriums.
i. The lobby bar shall be subject to the requirements of subsection 13.405D of this chapter.
If the licensee creates a separate and discreet lounge area as part of its bar and liquor
service, such lounge area shall also be subject to subsection 13.405D of this chapter.
j. An employee of the licensee who has completed a certified alcohol awareness training
course shall be designated to monitor compliance with alcohol laws and be on duty on the
premises whenever there is service of alcoholic beverages.
k. The S-5 licensee shall be responsible if any alcohol is consumed by any minor at any
location within or on the movie theater premises whether the alcohol was purchased at the
movie theater or not.
6. Complimentary Service License: Class S-6 shall authorize cosmetic facilities, arts and/or crafts
studios, jewelry stores and art galleries to allow the complimentary service and consumption of
beer and wine by its patrons that: a) is brought to the premises of the business by the patron
(BYOB) and/or b) is served by the business; as a complement to the patron's purchase of goods or
services offered by the business (complementary service). A Class S-6 license shall be subject to
the following regulations:
a. Service may be only to customers of the shop or facility and only for consumption of the
drink on the premises while the customer is waiting for or receiving customary barber,
cosmetic, beauty shop, arts/crafts studio, jewelry store or art gallery services from the
facility.
3941121 12
b. The consumption of alcoholic liquor shall only take place during the operating hours of
the business, but in no event earlier than nine o'clock (9:00) A.M. or after ten o'clock
(10:00) P.M.
c. Advertising the availability of alcohol may not be visible from the exterior of the licensed
premises.
d. The complimentary service or consumption of beer or wine at the licensed premises is
limited to not more than three (3) 12 -ounce servings of beer or three (3) 5 -ounce servings
of wine by a patron during any single calendar day, regardless of whether the beverage is
provided by the licensee or brought to the licensed premises by the patron. No alcoholic
liquor beverages other than wine, sparkling wine, champagne or beer are permitted.
e. It shall be unlawful for the licensee, its agents, and employees to permit any patron to
leave the licensed premises with an open container of wine or beer regardless of whether
the container is provided by the licensee or brought to the licensed premises by the patron,
except as otherwise allowed by section 13.410 of this chapter related to an unsealed and
partially consumed bottle of wine brought to the licensed premises by a patron.
f. All employees of the licensee serving alcohol must have successfully completed online
BASSET certification.
g. The licensee must maintain host liability insurance as required by subsection 13.401A
of this chapter.
h. Complimentary service licenses issued prior to May 1, 2018 shall be valid until April
30, 2019.
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7. Caterer's License: Class S-7, for the delivery of alcoholic beverages by a caterer. Restrictions
specific to a Class S-7 license:
a. Notice must be given in writing to the Village Manager of the time, location and
approximate number of guests at least seventy two (72) hours in advance of the event, at
which alcoholic beverages will be served.
b. A full menu of food must be available for consumption by patrons the entire time that
alcoholic beverages are available.
c. All servers or pourers of alcoholic beverages must have completed a certified alcohol
awareness training course.
d. The caterer may serve alcoholic beverages only at events to which specific persons (not
the general public) have been previously invited or at a Village sponsored event.
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8. Craft Brewery Or Distillery License: Class S-8, for the manufacture and delivery of beer or
distilled spirits for on premises and off premises consumption by a craft brewery or distillery and
for guided tours of its facility. Restrictions specific to a Class S-8 license:
a. Must comply with all laws and regulations of the State of Illinois as may apply to craft
brewers or distillers.
b. Samplings may be conducted only pursuant to a Village sampling endorsement
(subsection El of this section).
c. Hours of sale shall be the same as a P -package license.
3941121 13
d. Retail sales are allowed as follows:
(1) On Premises Consumption:
(A) Not more than fifty two (52) ounces of beer or six (6) ounces of distilled
spirits may be served to any customer in one day and each serving shall be
limited to sixteen (16) ounces of beer or two (2) ounces of distilled spirits.
(B) At a minimum, must provide limited food service such as cheese,
crackers, snack food or other similar deli style items to customers who are
consuming craft beer or distilled spirits.
(2) Growlers And Howlers:
(A) May be filled only with beer manufactured on the premises; and
(B) Shall be filled and sanitized according to all applicable laws and
regulations; and
(C) Shall be sealed with a tamperproof seal; and
(D) May be sold for off premises consumption only.
(3) Package Goods: Beer or distilled spirits manufactured on the premises and
packaged according to Illinois law may be sold at retail from the licensed premises.
e. Tours of the brewing or distilling facility may be offered during hours that the premises
is open for retail sales.
f. A Class S-8 craft brewery or distillery license shall authorize either craft brewery or craft
distillery operations at a licensed facility, but not both.
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9. License With Special Conditions: Class S-9, the Corporate Authorities may, from time to time,
create conditional licenses which are based on the license classifications set forth above, but which
contain additional conditions and restrictions. These licenses with special conditions, while created
by the Corporate Authorities, shall remain subject to issuance by the Commissioner.
D. Permits; Temporary:
1. Regulations Applicable To All Temporary Permits:
a. The Commissioner may attach such conditions as are appropriate for a temporary permit.
b. For temporary permits, the Local Liquor Control Commissioner, in his or her sole
discretion, may accept host liability coverage as a substitute for dramshop insurance.
c. Temporary permits may be issued on a daily basis only. The number of days shall be
within the sole discretion of the Commissioner, but in no event may permits be issued for
more than five (5) consecutive days.
d. No more than twelve (12) such permit days shall be available to any one such
organization during a license term.
e. The permittee is responsible for securing any applicable State permit. If the State Liquor
Commission requires a permit and it is not obtained, then the Village temporary permit
shall be deemed void ab initio. It is the responsibility of the permittee to determine whether
or not a State permit is needed and issuance of a Village permit has no bearing on the issue
of whether a State permit is required.
f. Unless otherwise stated, there shall be a daily permit fee as set forth in appendix A,
division 11 of this Code.
3941121 14
g. All other regulations of this chapter shall apply to the permit.
2. Specific Temporary Permits: Temporary permits are divided into the classifications set forth
below:
a. Non -Mount Prospect Caterer's Permit: A permit for the service of alcoholic beverages,
at an otherwise unlicensed premises, by a caterer not possessing a Mount Prospect liquor
license. Regulations specific to a non -Mount Prospect caterer's permit:
(1) The caterer must possess a valid liquor license from another Illinois jurisdiction.
(2) The caterer may serve alcoholic beverages only at events to which specific
persons (not the general public) have been previously invited or at a Village
sponsored event.
(3) The permit shall be subject to such other conditions as may be established by
the Commissioner.
b. Ad Hoc Temporary Permit: The Commissioner shall have the authority to issue an ad
hoc temporary permit, where the Commissioner determines that such permit is in the best
interests of the public.
E. Endorsements:
1. Sampling Endorsement: An endorsement allowing the holder of any Class P or Class S-8 license
to serve wine, beer or distilled spirits without charge, in small and limited amounts, for sampling
purposes only and in conjunction with sales promotional efforts occurring on the licensed
premises. (See subsection C4d of this section with respect to an S-4 license.) Regulations specific
to a sampling endorsement:
a. The sampling shall be attended and supervised by a full time adult employee and may
occur only in a designated area on the licensed premises;
b. The actual amount of beer or wine in an individual sampling container may not exceed
two (2) ounces, or one-fourth (1/4) ounce for distilled spirits;
c. Signs or other materials advertising the availability of "sampling" may not be visible
from the exterior of the licensed premises. However, an establishment with an annual
sampling endorsement may post one (1) such sign, not to exceed three (3) square feet in
area, so long as it does not violate the Village sign ordinance; and
d. Quantities may not exceed a total of ten (10) ounces of beer or wine, or one (1) ounce of
distilled spirits, per customer per day.
2. Mount Prospect Caterer's Endorsement: A license endorsement for the service of alcoholic
beverages, at an otherwise unlicensed premises, by a Mount Prospect Class F or Class S-3 licensee.
Regulations specific to a Mount Prospect caterer's endorsement:
a. The caterer may serve alcoholic beverages only at events to which specific persons (not
the general public) have been previously invited or at a Village sponsored event.
b. A Mount Prospect caterer's endorsement may be purchased on an annual or daily basis.
c. The endorsement shall be subject to such other conditions as may be established by the
Commissioner.
3. Outdoor Entertainment Endorsement: An endorsement allowing outdoor live music for a Class
F licensee. Regulations specific to a temporary outdoor entertainment endorsement:
3941121 15
a. No such live music may be played between the hours of eleven o'clock (11:00) P.M. and
eleven o'clock (11:00) A.M.
b. The Commissioner may attach such other conditions to the endorsement as may be
advisable to protect the peace and quiet of the surrounding area.
c. The Commissioner, the Village Manager or a designee of either, shall have the absolute
right for cause, and without the necessity of a hearing, to order the immediate cessation of
such live music.
4. Corkage Endorsement: An endorsement allowing patrons of F-1, F-2, F-3 or S-3 establishments
to bring the patron's own unopened bottle of wine for on premises consumption consistent with
the regulations for an F-7 license.
F. Certifications:
Specific Certifications:
a. Outdoor certification for allowing outdoor service of alcoholic beverages (for other
outdoor dining regulations, see subsection 14.311B of this Code). Regulations specific to
outdoor certificates:
(1) For establishments within three hundred feet (300') of a residential zoning
district:
(A) Any licensee that commenced the conduct of the business of serving
alcoholic beverages in an outdoor area within three hundred feet (300') of a
residential zoning district prior to January 1, 1989, may be granted an
outdoor certification and continue to operate the outside service area in that
same location. However, that service area may not be enlarged in any
manner.
(B) The Commissioner may grant an outdoor certification for the service of
alcoholic beverages in an outdoor service area that is within three hundred
feet (300') of a residential zoning district but does not meet the criteria of
subsection FIa(1)(A) of this section, subject to the following:
(i) The outdoor service area is on property owned or leased by the
licensee and is on or immediately adjacent to the building on the
licensed premises;
(ii) Prior to issuance of such outdoor certification, the applicant shall
show proof that written notice has been sent by regular mail to all
residential property addresses within three hundred feet (300') of the
licensed premises. The notice shall inform such addressee of the
licensee's intent to secure a special certificate for the outdoor service
of alcoholic beverages. The form of notice shall be supplied by the
Village Manager and shall invite comment on the proposed use from
the affected property owners or occupiers;
(iii) The Commissioner has made a determination that the outdoor
service area will not have a detrimental effect on the neighborhood
in which the premises is located;
(iv) The Commissioner may place such conditions on the outdoor
service area as she or he may deem appropriate;
3941121 16
(v) Such an outdoor certification may be revoked at any time if the
Commissioner reasonably believes that the operation of the outdoor
area has become detrimental to the neighborhood in which it is
located. Upon such revocation, the licensee may not reapply for an
outdoor certification for a period of twelve (12) months following
the date of revocation;
(vi) An outdoor certification shall be available only to the holder of
a Class F-1, F-2 or F-3 liquor license;
(vii) An outdoor certification may be granted only upon receipt by
the Commissioner and approval by the Village Attorney of a
statement signed by the licensee, acknowledging and accepting the
terms of the certification; and
(viii) An outdoor certification is not transferable and if there is any
change in five percent (5%) or more of ownership of the business, a
new outdoor certification must be obtained by the licensee.
(2) For establishments that are more than three hundred feet (300') from a
residential zoning district: The regulations of subsection 14.311B of this Code shall
apply.
(3) The application shall be accompanied by a nonrefundable application fee as set
forth in appendix A, division 11 of this Code, and no management entity may be
qualified unless a certification fee as set forth in appendix A, division 11 of this
Code has been paid.
b. Management entity certification allowing for the certification of an entity to be retained
to manage a licensed premises. It is recognized that a licensee may, from time to time,
desire to hire or retain, as an independent contractor, a management entity to manage,
generally operate and be responsible for the licensed premises. Regulations specific to a
management entity certification:
(1) No licensee shall permit a management entity to perform such a function unless
the management entity has been certified to do so by the Commissioner. In order to
be certified by the Commissioner, a management entity must execute a liquor
license application. A management entity must qualify for a management entity
certification in the same manner and meet the same standards as a licensee.
(2) The application shall be accompanied by a nonrefundable application fee as set
forth in appendix A, division 11 of this Code, and no management entity may be
qualified unless a certification fee as set forth in appendix A, division 11 of this
Code has been paid.
(3) A management entity shall be subject to the jurisdiction of the Commissioner
in the same manner as a licensee. If there is a violation on the premises, the
management entity and the licensee shall be jointly and severally responsible for
all consequences of such a violation.
(4) An underlying Village liquor license must previously have been obtained for
the premises.
SECTION D-
3941121 17
Chapter 23.503.1 of the Village of Mount Prospect's Municipal Code, "VIDEO GAMING
PROHIBITED," is hereby repealed and replaced with the following:
23 503 1 � VIDL,(-) GAM ING �11� QI � IBITL, D� L, XCL, FTIONS
SECTION E:
Appendix A, Division 11, Section 13.201 of the Mount Prospect Municipal Code,
"LICENSE REQUIRED," is hereby amended to read in its entirety as follows:
A. Fees for classifications:
1. Package licenses (P):
Class P-1
$2,200.00
Class P-2
$2,200.00
Class P-3
$1,925.00
Class P-4
$1,650.00
Class P-5
$2,200.00
2. Food Service Licenses (F):
Class F -I
$2,200.00
0ass F I V
S2:,200 00
Class F-2
$1,650.00
0ass F 2 V
S 1::,650 00
Class F-3
$2,750.00
0ass F 3 V
S2:25o oo
Class F-4
$750.00
0ass F 4 V
S750 00
Class F-5
$2,200.00
Class F-6
$2,500.00
Class F-7
$750.00
Class F-8
$3,000.00
0ass F 8 V
L:,QQ0 00
3. Specialty Licenses (S):
3941121 18
Class S-1
$2,750.00
Class S-2
$2,750.00
0a(ss S 2 V
S2.,.750 00
Class S-4
$1,650.00
Class S-5
$3,000.00
Class S-6
$250.00
Class S-7
$1,100.00
Class S-8
$1,500.00
Class S-9
$2,750.00
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]L,�cense.
SECTION F:
Those sections, paragraphs and provisions of Chapter 13, "ALCOHOLIC LIQUORS," and
Chapter 23, "OFFENSES AND MISCELLANEOUS REGULATIONS" of the Mount Prospect
Municipal Code which are not expressly amended or repealed by this Ordinance are hereby re-
enacted; and it is expressly declared to be the intention of this Ordinance not to repeal or amend
any portion of the Mount Prospect Municipal Code other than those provisions expressly amended
or repealed in Sections A, B, C, D, and E of this Ordinance.
SECTION G:
This Ordinance shall be in full force and effect from and after its passage and approval in
the manner provided by law.
ADOPTED this day of , 2018, pursuant to a roll call vote as follows:
AYES:
NAYS:
ABSENT:
APPROVED by me this day of 2018, and attested to by the Village Clerk
this same day.
Mayor
3941121 19
ATTEST:
Village Clerk
3941121 20
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
CLERK'S CERTIFICATE
I, Karen Agoranos, Clerk of the Village of Mount Prospect, in the County of Cook and
State of Illinois, certify that the annexed and foregoing is a true and correct copy of that certain
Ordinance now on file in my Office, entitled:
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 13 OF THE VILLAGE OF MOUNT
PROSPECT'S MUNICIPAL CODE, "ALCOHOLIC LIQUORS," SPECIFICALLY
SECTIONS 13.101, 13.204 AND 13.204.1; CHAPTER 23 OF THE VILLAGE OF MOUNT
PROSPECT'S MUNICIPAL CODE, "OFFENSES AND MISCELLANEOUS
REGULATIONS," SPECIFICALLY SECTION 23.503.1; AND APPENDIX A, DIVISION II
OF THE VILLAGE OF MOUNT PROSPECT'S MUNICIPAL CODE TO CREATE
LIQUOR LICENSES FOR ESTABLISHMENTS WITH VIDEO GAMING
which Ordinance was passed by the Board of Trustees of the Village of Mount Prospect at a
Regular Village Board Meeting on the day of , 2018 at which meeting a quorum
was present, and approved by the President of the Village of Mount Prospect on the day of
, 2018.
I further certify that the vote on the question of the passage of said Ordinance by the Board
of Trustees of the Village of Mount Prospect was taken by Ayes and Nays and recorded in the
minutes of the Board of Trustees of the Village of Mount Prospect, and that the result of said vote
was as follows, to -wit:
AYES:
NAYS:
ABSENT:
I do further certify that the original Ordinance, of which the foregoing is a true copy, is
entrusted to my care for safekeeping, and that I am the lawful keeper of the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Village
of Mount Prospect, this day of , 2018.
Karen Agoranos, Village Clerk
[SEAL]
3941121 21