HomeMy WebLinkAboutOrd 2331 12/21/1971
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ORDINANCE NO. 2331
AN ORDINANCE AMENDING SECTIONS 13.101, 13.104, l3.106-A, AND 13.113
OF THE MUNICIPAL CODE OF MOUNT PROSPECT
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That Section 13.101 of the Municipal Code of Mount Prospe~t
of 1957, as amended, be and the same is hereby further amended by adding
theretQ an additional definition for "General Public" to be placed in
the said Section 13.101 in alphabetical prder, which definition shall
hereafter be and read ~s follows:
"GENERAL PUBLIC - The whole body politic including the people
of the neighborhood, the Village of Mount Prospect, the State
of Illinois, the United States of America, and/or such peop~e
at large whoever shall travel through the Village of Mount
Prospect."
SECTION TWO: That Section 13.104 of the Municipal Code of Mount Pros-
pect of 1957, as amended, be and the same is hereby further amended
in its entirety, so that the said Section 13.104 shall hereafter be
and read as follows:
"Section 13.104 Restriction On Licenses. No such liquor ,+1-
cens~s shall be issued to:
1. A pe~son who is not a re~ident of the Village;
2. A person who is not of good character and reputation in
the community in which he resides;
3. A person who is not a citizen of the United States;
4. A person who has been co~victed of a felony under any
Federal or State law, if the Commissioner determines,
after investigation, that such person has not been
sufficiently rehabilitated to warrant the public trus~;
S. A person who has been convicted of being the keeper of
or is keeping a house of ill-fame;
6. A person who has been convicted of pandering or other
- crime or misdemeanor opp0sed to decency and morality;
7. A person whose license under this Article has been re-
voked for cause;
8. A person who at the time of application for renewal of
any license issued hereunder would not be eligible for
such license upon a _first application;
9. A co-partnership, unless all of the members of such co-
partnership shall be qualified to obtain a license;
10. A corporation, if any officer, manager, or director
thereof, or any stockholder or stockholders owning in
the aggregate more than five per cent of the stock of
such corporation, would not be eligible to receive a
license hereunder for any reason other than citi~enship
and residence within the political subdivision;
11. A corporation unless it is incorporated in Illinois, or
unless it is a foreign corporation which is qualified
under the Illinois Business Borporation Act to transact
business in Illinois;
12. 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;
13. A person who has been convicted of a violation of any
Federal or State law concerning the manufacture, posses-
sion, or sale of alcoholic liquor, or who shall have
forfeited his bond to appear in court in answer to c~arges
for any such violation;
14. A person who does not beneficially Qwn the premises -for
which a license is sought, or does not have a lease th~reon
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for the full period fo~ which the license is to be
issued.
Any law enforcing public official, the Village President,
member of the Board of Trustees, and no such official shall
be interested in any way, either directly or indirectly in
the manufacture, sale or distribution of alcoholic liquor;
A person, firm or corporation not eligible for a State
retail liquor dealer's license;
A person who is not a beneficial owner of the business to
be operated by the licensee;
A person who has been convicted of a gambling offense as
prescribed by any of subsections (a) (3) through (a) (10)
of Section 28-1 of, or as proscribed by Section 28-3 of,
the I1Criminal Code of 196111, approved July 28, 1961, as
heretofore or hereafter amended, or as proscribed by a
statute replaced by any of the aforesaid statutory pro-
visions;
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;
A co-partnership 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;
A corporation, if any officer, manager or director thereof,
of any stockholder owning in the aggregate more than 20%.
of the stock of such corporation has been issued a federal
gaming device stamp or a federal wagering stamp for the
current tax period;
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."
SECTION THREE: That Section l3.l06-A of the Municipal Code of Mount
Prospect of 1957, as amended, be and the same is hereby further amended
by increasing the number of such daily permits available annually from
seven (7) to twenty (20); so that hereafter the said Section l3.l06~A
shall be and read as follows:
"Section l3.106-A. The Village President may grant a daily
permit to any non-profit organization or club located within
the Village of Mount Prospect such as a church, fraternal order
or lodge, veterans organization, civic organization, fire de-
partment, or other similar organization, authorizing the sale
of alcoholic beverages at any picnic, carnival, or similar
function sponsored or given by such organization. No more than
twenty (20) such daily permits shall be issued to anyone such
organization during the period of one year.11
SECTION FOUR: That Section 13.113 of the Municipal Code of Mount
Prospect of 1957, as amended, be and the same is hereby further amended
by adding thereto provisions for the sampling of alcoholic beverages in
package good stores; so that hereafter the said Section 13.113 shall be
and read as follows:
I1Section 13.113 - Consumption on Premises.
A. No liquor shall be sold, offered for sale, kept for sale,
displayed, or advertised for sale at retail or delivered
to any person purchasing same at retail except at a loca-
tion, place, or premise described in a retail liquor dealer's
license.
B. It shall be unlawful for anyone not having a license pro-
viding for consumption of the premises where sold, to offer
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for sale, sell or donate any alcoholic beverage for .con-
sumption on any premises open to the general public, or
to permit the same to be consumed where sold or donated.
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1. The Village President, however, may grant a daily permit
to any Class "C" licensee under this Chapter, which per"!
mit may authori~e the donation of alcoholic beverages
by such licensee for sampling purposes only in conjunc-
tion with sales promotional efforts on the premises of
such licensee, and auth9~ized and sponsored by such
licensee~ No more than twelve (12) such daily permits
shall be issued to anyone such licensee during the
period of one (1) year.
2. It shall be unlawful to consume or permit the con~ump-
tion of alcoholic beverages in public restaurants and/or
catering establishments not having a license for the
sale thereof."
SECTION FIVE: That should any part or parts of this Ordinance be held
unconstitutional such unconstitutionality shall not affect the validity
of the remaining parts of this Chapter. The President and Board of
Trustees of the Village of Mount Prospect hereby declare that they
would have pa~sed the remaining parts of this Ordinance if they had
known that such part or parts thereof would be declared vnconstitutional.
SECTION SIX: That this Ordinance sh~ll be in full force and effect
from and after its passage, approval, and publication in the manner
provided by law.
AYES: 6
NAYS: 0
PASSED AND APPROVED this
21 day of
December
, 1971
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Mayor
ATTEST:. "I
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Village Clerk