HomeMy WebLinkAbout5. COW Agenda Item VII Amending Chapter 13 Mount Prospect
Village of Mount Prospect
Mount Prospect, Illinois
INTEROFFICE MEMORANDUM
TO: MAYOR IRVANA WILKS
BOARD OF TRUSTEES
FROM: MICHAEL E. JANONIS
DATE: DECEMBER 8, 2010
RE: ORDINANCE AMENDING CHAPTER 13
A comprehensive rewrite of the Mount Prospect Liquor Code (Chapter 13) was adopted by
the Village Board in 2009. Since that time the new code has served the Village well with a
few exceptions. Staff, in consultation with the Liquor Commissioner (Mayor), are proposing
some minor changes that more fully balance the day to day operations of liquor license
establishments with the need to adequately regulate same.
Attached is a draft ordinance with annotations that covers the proposed changes. The
ordinance is presented for discussion purposes.
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ORDINANCE NO.
DRAFT
AN ORDINANCE AMENDING CHAPTER 13,
ENTITLED "ALCOHOLIC LIQUOR ", AND
APPENDIX A, DIVISION II,
OF THE VILLAGE CODE OF MOUNT
PROSPECT, ILLINOIS
BE IT ORDAINED BY THE MAYOR AND
BOARD OF TRUSTEES OF THE VILLAGE OF
MOUNT PROSPECT, COOK COUNTY,
ILLINOIS, PURSUANT TO ITS HOME RULE
POWERS:
SECTION 1: Paragraph (C) of Section
13.202 entitled "Application for a Local Liquor
License" of Chapter 13 entitled "Alcoholic
Liquors" of the Mount Prospect Village Code shall
be amended by deleting paragraph (C) in its
entirety and inserting a new paragraph (C) which Determining the individuals who have an
actual ownership interest in a proposed
shall be and read as follows: liquor license has become increasingly
difficult as more applicants choose to
organize as Limited Liability Companies.
C. Before a license may be issued to The recommended change gives the
any applicant, each person holding a five Commissioner increased flexibility in
evaluating who will actually control such
percent (5 %) or more equity or ownership entities. The change also eliminates prior
interest in the entity to be licensed and distinctions between closely held and
each manager (including the managing publicly traded corporations. It further
partner of a Limited Liability Company) increases our ability to do background
shall be fingerprinted by the Mount checks on the real parties in interest.
Prospect Police Department. An
investigation will be performed to enable
the Commissioner to ascertain whether the
issuance of a license will comply with all
applicable regulations of the Village. The
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Commissioner may accept the fingerprints
from another jurisdiction for persons not
residing or working within fifty (50) miles of
the Village. Under all circumstances,
however, the local manager must be
fingerprinted by the Mount Prospect Police
Department. A reasonable fee may be
charged by the Police Department for each
person required to be fingerprinted. For
purposes of this paragraph (C), the
Commissioner may require such
documentation as he or she deems
appropriate to determine who must be
fingerprinted, and the Commissioner's
decision as to fingerprinting shall be final.
SECTION 2: Paragraph B(1), entitled
"Temporary", of Section 13.204, entitled
"Classifications ", of Article II, "Licensing for
Regulated Service ", of Chapter 13, entitled
"Alcoholic Liquor ", of the Mount Prospect Village
Code shall be amended by inserting the following
at the end of the list of temporary permits:
Sections 2, 3 and 4 create the new
temporary "Ad Hoc" permit. This allows
Ad Hoc Permit. the Commissioner to issue a temporary
permit in circumstances that are not
SECTION 3: Paragraph D(1), entitled amenable to our traditional temporary
permits. The circumstances where such a
"Regulations Applicable To All Temporary permit would be appropriate must be
similar, but not necessarily identical, to
those in which other temporary permits
Permits ", of Section 13.204.1, entitled may be issued. Again, this gives the
Commissioner the ability to honor
"Descriptions and Restrictions ", of Article II, substance over form.
entitled "Licensing for Regulated Service ", of
Chapter 13, entitled "Alcoholic Liquor ", of the
Mount Prospect Village Code shall be amended
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by inserting a new subparagraph c, the remaining
subparagraphs to be relettered alphabetically, to
be and read as follows:
This new provision provides for
c. Temporary permits may be instances where an event may run
issued on a daily basis only. In no over multiple days, giving the
event may permits be issued for Commissioner added flexibility
more than three (3) consecutive issuing a temporary permit.
days.
SECTION 4: Paragraph D(2) of Section
13.204.1, entitled "Descriptions and Restrictions ",
of Article II, "Licensing for Regulated Service ", of
Chapter 13, entitled "Alcoholic Liquor ", of the
Mount Prospect Village Code shall be amended
by adding a new subparagraph (c), entitled "Ad
Hoc Permits ", which new subparagraph (c) shall
be and read as follows:
c. Ad Hoc Temporary Permits:
Notwithstanding the fact that
an applicant for a temporary permit
does not meet the precise criteria
for one of the specific temporary
permit classifications set forth
above, the Commissioner shall
have the authority to issue an Ad
Hoc Temporary Permit subject to
conditions similar to those
applicable to the specific
classifications, where the
Commissioner determines that such
permit is in the best interests of the
public.
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SE
CTION 5: Subparagraph (C)(4)(d) of
Section 13.204.1 entitled "Descriptions and
Restrictions" of Chapter 13 entitled "Alcoholic
Liquor" of the Mount Prospect Village Code shall
Sections 5 and 6 clear up an inconsistency
be amended by deleting subparagraph (d) in its in our current Code. Currently Section
2.6(2) suggests that a daily sampling
permit is needed for on -site wine sampling
entirety and inserting a new subparagraph (d) for an S-4 license. (C)(4)(d) states that
such a permit is not needed. It is our
which shall be and read as follows: understanding that the Board's intent was
to permit on -site sampling as part of the
(d) A class S -4 licensee may basic S-4 license. This makes both
sections consistent with that intent.
conduct off premises wine tasting upon
securing a daily sampling permit and in
accord with the regulations for such
permit. On premises samplings do not
require a daily sampling permit, but still
must be conducted in accord with the
regulations of subsection D2b(2) of this
section.
SECTION 6: Subparagraph 2b(2) of
Section 13.204.1 entitled "Descriptions and
Restrictions" of Chapter 13 entitled "Alcoholic
Liquor" of the Mount Prospect Village Code shall
be amended by deleting subparagraph (2) in its
entirety and inserting a new subparagraph (2)
which shall be and read as follows:
(2) Daily Sampling Permit. A
permit allowing the holder of any class P to
serve wine or beer, 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
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of this section with respect to a S -4
license.) Regulations specific to a daily
sampling permit:
SECTION 7: Paragraph E of Section
13.301, entitled "Compensation, Powers and
Duties of Commissioner ", of Article III, "Local
Liquor Control Commissioner ", of Chapter 13,
entitled "Alcoholic Liquor ", of the Mount Prospect This section permits the Commissioner to
enter fines against non - licensees who may
Village Code shall be amended by adding the violate our Liquor Code. This might be
applied to a business that delivers
alcoholic beverages despite not having a
following sentence before the last sentence of liquor license.
Paragraph E, which shall read as follows:
In addition, the Commissioner may
fine any individual that the
Commissioner determines has
violated any provision of this
chapter even if that individual is not
a licensee.
SECTION 8: Appendix A, Division II,
entitled "Fees, Rates and Taxes ", of the Mount
Prospect Village Code shall be amended by
inserting the following at the end of the list of
temporary permits of paragraph B(1), entitled
"Temporary", of Section 13.204, entitled
"Classifications ", of Chapter 13, entitled
"Alcoholic Liquor ":
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Ad Hoc Permits: To be set by the
Commissioner, considering staff time and
other employee involvement, not to
exceed $100.00 per day.
SECTION 9: Paragraph A of Section
Under the current Ordinance all Class
13.403, entitled "Closing Hours ", of Article IV, P (package goods) licenses have the
same hours of operations as other
classifications (restaurants, bars,
"Regulation of Licenses ", of Chapter 13, entitled banquet halls, etc.). This change limits
the hours of sale for package goods to
"Alcoholic Liquor ", of the Mount Prospect Village midnight in all instances. It was felt that
the public safety was jeopardized by
Code shall be amended by deleting paragraph A allowing the potential to sell package
goods until 1:00 a.m. /2:00 a.m. or even
4:00 a.m. (on New Year's Eve) under
in its entirety and inserting a new paragraph A, the current statutory scheme.
which shall be and read as follows: This was rewritten because certain
Class P licensees (such as Dominick's
and Jewel) were having issues
A. It shall be unlawful to engage in the informing customers that Sunday
service of any alcoholic beverages hours of sale differed from other days
during the following hours: (9:00 a.m. Sunday /8:00 a.m. other
days). This makes the hours of sale
1. All Class P Licensees: the same for each day of the week for
all Class P licensees.
From twelve o'clock (12:00)
A.M. to eight o'clock (8:00)
A.M. each day.
2. All other licensees:
Monday through Friday:
One o'clock (1:00) A.M. to
eight o'clock (8:00) A.M.
Saturday: Two o'clock (2:00)
A.M. to eight o'clock (8:00)
A.M.
Sunday: Two o'clock (2:00)
A.M. to nine o'clock (9:00)
A.M.
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On January 1 of each year
the hours of prohibited
service shall be from four
o'clock (4:00) A.M. to twelve
o'clock (12:00) noon.
SECTION 10: That this Ordinance shall
be in full force and effect from and after its
passage, approval and publication in pamphlet
form in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this
day of , 2010
Irvana K. Wilks,
Village President
ATTEST:
M. Lisa Angell, Village Clerk
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