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HomeMy WebLinkAboutOrd 2195 10/21/1969 ~".," ORDINANCE NO. 2195 AN ORDINANCE AMENDING SECTIONS 13.101, 13.102, 13.103, 13.106 13.107, 13.113, and 13.114 OF THE ~IDNICIPAL CODE OF MOUNT PROSPECT NOW, THEPEFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VIILAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Section 13.101 of the rlfunicipal Code of f\10unt Prospect of 1957, as amended, be and is hereby further amended by adding thereto additional definitions to be placed therein in alphabetical order and 'which definitions shall hereafter be and read as follows: "BAR - A barrier or counter at and over ~lhich alcholic liquors and sometimes food are passed or served. If "CATEPER - A person, firm, or corporation whose \'lork is providing food and service for a banquet or dinner, the receipients of such food or service being persons specially invited to such banquet or dinner, rather than the general public. If "CATERING ESTABLISHMENT - Premises utilized by a caterer for pM_vate banquets or dinners, which premises are unavail- able to the general public except by appointment, and which permises are not at the time of such catered banquet or dinner utilized as a restaurant within the meaning of this Section. II SECTION TWO: That Section 13.102 of the Municipal Code of Mount Prospect of 1957, as amended, be and is hereby amended in its entirety so that the said Section shall hereafter be and read as follows: "Section 13.102 - License Required. A. It shall be unlawful to sell at retail any alcholic liquor without first having obtained a Village retailer's license for each location, place, or premises where the retailer is located to sell the same. B. Where two or more such locations, places, or premises are under the same roof or at a street address, a separate Village retailer's license shall be obtained for each such location, place, or premise; provided that nothing herein contained shall be so construed as to prevent any Yrotel operator licensed under the provisions of this Chapter from serving liquor to his registered guests in any room or part of his motel, if such liquor so served shall be kept in and served from a licensed location, place or premise in said motel. C. The issuance to or possession by any person of a retail liquor dealer tax stamp issued for a then-existing tax period by the United States government or any of its agencies shall be and constitute prima facie evidence that such person is subject to the provisions of this Chapter." SECTION THPEE: That Section 13.103 of the Municipal Code of r,10unt Prospect of 1957, as amended, be and is hereby further amended by adding thereto provisions formerly found \'lithin Section 13.l01A, so that the said Section 13.103 shall hereafter be and read as follows: ,..---. If Section 13.103 - Application for Retailer's License. A. Application for local retailer's license shall be made to the Village President in writing and signed by the applicant, if an individual, or by a duly authorized agent, thereof, if a club or corporation, verified by oath or affidavit, and shall contain the following information: (1) The name, age and address of the applicant in the case of an individual; in the case of a co-partnership, the persons entitled to share in the profits thereof, and in the case of a corporation, the ob.jects for which organized, the names and addresses of the officers and directors, and if a mojority interest of stock of such corporation is owned by one person or his nominee, the name and address of such person; (2) The citizenship of the applicant, his place of birth, and if a naturalized citizen, the time and place of his naturalization; (3) The character of business of the applicant; and in the case of a corporation, the objects for 1I1hich it was formed ; ( It) The length of time said applicant has been in business of that character, or in the case of a corporation, the date ~lhen its charter was issued; (5) The amount of goods, 'If Jares, and merchandise on hand at the time application is made; (6) The location and description of the prerrises or place of business which is to be operated under such license ; (7) A statement whether the applicant has made applic- ation for a similar or other license on premises other than those described in this application and the desposi- tion of such application; (8) A statement that applicant has never been convicted of a felony and is not disqualified to receive a license by reason of any matter or thing contained in this Article, la'lflS of this State or the Ordinances of this Village; (9) vJhether a previous license by any state or subdivision thereof, or by the. Federal Government has been revoked, and the reasons therefor; (10) A statement that the applicant \'lill not violate any of the law of the State of Illinois or of the United States or any Ordinance of the. Village of Mount Prospect in the conduct of his place of business. B. Before any license shall be issued the applicant shall furnish to the Village of Jl.1ount Prospect a surety bond in the amount of $1,000.00 acceptable to the Village, such bond shall provide against any violation by the principal, his agents or employees, of any of the terms of Chapter 13 of the Municipal Code of 1957, as amended, or an.y Ordinances, rules and regulations nOl'i in force or which may hereafter be in force in said Village affecting the operation of his business." SECTION FOUR: That Section 13.106 of the Municipal Code of Jl.10unt Prospect of 1957, as amended, be and is hereby further amended by addinr-- to the said Section 13.106 an additional paragraph to provide for a caterer's license; and a]so adn1nO' t:hp wor#s "alcholic liquor" 't'iithin the paragraph establish- ing Class' "R" licenses; which paragraphs shall hereafter be and read as follO'lflS: "Class "En license, for issuance to caterers, \',Jhich shall authorize the licensee to sell and offer for sale at retail - in the preroises specified in such license - alcholic liquor for consumption on the premises \>lhere sold. ,.,.-"- ,-" (1) Consumption of alcholic liquor at or over a bar shall be pemitted, but all consumption shall be lirrited to those P~1nS who are invited guests and dinin~ on the premises specified in such license. (2) The annual fee therefore shall be $250.00." "Class "R" license, for issuance to restaurnats, vvhich shall authorize the licensee to sell and offer for sale at retail alcholic liquor for consumption on the premises where sold. (1) Consumption of alcholic liquor at or over a bar is specifically prohibited and ~y consumption of al- cholic beverages shall be lirrited to those patrons who are dinin~ in such restaurant. (2) The annual fee therefore shall be $1,000.00." SECTION FIVE: That section 13.107 of the Municipal Code of Mount Prospect of 1957, as amended, is hereby further amended to provide for an additional Class "R" liquor license and the elimination of one Class "c" liquor license so that the said .section 13.107 hereafter shall be and read as follows: "There shall be issued in the Village of J\1ount Prospect no more than: (a) Three (3) Class A Licenses (b) Six (6) Class B Licenses (c) Six (6) Class C Licenses (d) One (1) Class D I~cense (~) One (1) Class M License (f) Two (2) Class R Licenses" SECTION SIX: That Section 13.113 of the fv'lunicipal Code of Mount Prospect of 1957, as amended, is hereby further amended so that the said Section 13.113 shall hereafter be and read as follows: "Section 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 location, place or premise described in a retail liquor dealer's license. B. It shall be unlawful for anyone not having a license providing for consumption on the permises \v'here sold, to offer for sale, sell or donate any alcholic liquor for consumption on the preypises, or to permit the same to be consumed where sold or donated. It shall be unlawful to consume or permit the consumption of alcholic liquor in pUblic restaurants not having a license for the sale thereof." SECTION SEVEN: That Section 13.114 of the Municipal Code of ~I[ount Prospect of 1957, as amended, be and is hereby further arrended in its entirety to include the former Sections 13.11It.lA and 13.111l.IB, and further providin~ for the regulation therein of Class "E" licenses, so that the said Section 13.114 shall hereafter be and read as follows: "Section 13.11It - Restrictions on Premj.ses. A. No license shall be issued for the sale at retail of any alcholic liquor within 100 feet of any church, school, hospital, home for aged or indigent persons, or for veterans, their wives or children or an;:r military or naval station; provided that this pro- hibition shall not apply to motels offering restaurant service, ~, ~ regularly organized clubs, or to restaurants, food shops or other places where the sale of alcholic liquors is not the principal business carried on, if such place of business so exempted shall have been established for such a'purpose prior to the taking effect of this Section. No person shall hereafter engage in business as a retailer of any alcholic liquor ~dthin 100 feet of any under- taking establishment or mortuary. B. On all premises for which Class A, Class B, Class C, Class E, Class H, or Class R licenses have been issued, there shall be no mechanical pinball :rrachine or device operated in said premises, provided, however, that clgarette and candy dispensing machines are permitted. C. The display or sale of ?lcholic liquor in its original package under a Class "c" license in permises where any other cormnodities, excepting such items as cigars, cigarettes, and those items custom- arily associated "Jith package liquor stores, are sold or offered for sale, shall be conducted only in a portion 0 such premises set aside or physi.cally separated from that portion of the pemises used in cormection with the display or sale of such other corrrnodities. If SECTION EIGHr: That former Sections l3.10lA, l3.l14.1A and l3.114.lB be and are hereby repealed. SECTION NINE: That should any part or parts of this Ordinance be held un- constitutional 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 deca.a.re that they would have passed the remaining parts of this Ordinance if they had lmown that such part or parts thereof 'l'lould be declared unconstitutional. SECTION TEN: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. AYES: 4 NAYS: 1 PASSED AND APPROVED THIS 21st DAY OF OCTOBER, 1969. ~ Robe .. e c e, age . resident A'ITEST : J~~;{~