HomeMy WebLinkAboutOrd 5836 03/01/2011 Amending Chapter 13 , Entitled "Alcoholic Liquor"ORDINANCE NO. 5836
AN ORDINANCE AMENDING CHAPTER 13, ENTITLED "ALCOHOLIC
LIQUOR ", AND APPENDIX A, DIVISION II,
OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS
Passed and approved
by the President and Board of Trustees
the 1 st day of March, 2011
Published in pamphlet form
by authority of the corporate authorities
of the Village of Mount Prospect, Illinois,
the 2 nd day of March, 2011.
ORDINANCE NO. 5836
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 PRESIDENT 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 shall be and read as follows:
C. Before a license may be issued to any applicant, background
checks (which shall include the submission of fingerprints to appropriate
agencies) shall be performed with respect to the key individuals owning and/ or
operating the licensed business. At a minimum, the local manager or managers
and the persons functioning as the chief operating officer and chief financial
officer shall be subject to such background checks. 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
Commissioner may accept the fingerprints from another jurisdiction for persons
not residing or working within fifty (50) miles of the Village. 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 deleting subparagraph B(1) in its entirety and adding a new
subparagraph B(1) to be and read as follows:
B. Permits:
Temporary
a. Those Not Requiring a Mount Prospect License:
i. Civic permit
ii. Library permit
iii. Village permit
iv. Non -Mount Prospect Caterer's permit
V. Promotion permit
b. Those Requiring a Mount Prospect License:
i. Mount Prospect Caterer's permit
ii. Daily Sampling permit
iii. Outdoor entertainment permit
C. Ad Hoc Permit
SECTION 3: 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 be amended by deleting subparagraph (d) in
its entirety and inserting a new subparagraph (d) which shall be and read as
follows:
(d) A class S -4 licensee may 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 nonetheless, must be conducted in accord with the regulations
of subsection D2b(2) of this section.
SECTION 4: Paragraph D, entitled "Permits; Temporary" of Section
13.204.1, entitled "Descriptions and Restrictions ", of Article 11, entitled "Licensing
for Regulated Service ", of Chapter 13, entitled "Alcoholic Liquor ", of the Mount
Prospect Village Code shall be amended by deleting paragraph D in its entirety
and inserting a new paragraph D, to be and read as follows:
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 dram shop 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. (Except for Temporary Outdoor
Entertainment Permits which are for seventy -two (72) hours.)
d. No more than twelve (12) such permit days shall be
available to any one such organization during a license term.
(Except for Temporary Outdoor Entertainment Permits which are
limited to one seventy -two (72) hour event per year.)
e. Unless otherwise stated, there shall be a daily permit
fee as set forth in Appendix A, Division II of this Code.
f. All other regulations of this Chapter shall apply to the
permit.
SECTION 5: Subparagraph D(2), entitled "Specific Temporary Permits" of
Section 13.204.1, entitled "Descriptions and Restrictions ", of Article II, entitled
"Licensing for Regulated Service ", of Chapter 13, entitled "Alcoholic Liquor ", of
the Mount Prospect Village Code shall be amended by adding the following
sentence before subparagraph (a), to be and read as follows:
Temporary permits are divided into the classifications set forth
below:
SECTION 6: 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.
SECTION 7: Subparagraph D(2)(a)(1)(C) 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 deleting subparagraph D(2)(a)(1)(C) in its entirety and
renumbering the following paragraphs accordingly.
SECTION 8: Subparagraph D(2)(a)(5)(C) and (F) 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 deleting subparagraphs D(2)(a)(5)(C) and (F) in their
entirety and renumbering the following paragraphs accordingly.
SECTION 9: Subparagraph D2b(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 license 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 of this section with respect to a S -4 license.) Regulations specific to a
daily sampling permit:
SECTION 10: Section 13.206 entitled "License Term" of Chapter 13
entitled "Alcoholic Liquor" of the Mount Prospect Village Code shall be amended
by adding the following new sentence at the end of the section to read as follows:
If an application for a new license is received after January 31 of any
year, the Commissioner shall have the authority to issue a license that runs
through April 30 of the next year (a license period of up to fifteen (15) months);
provided the applicant pays a license fee that is pro -rated to include the
additional time for which the license is valid.
SECTION 11: Section 13.208 entitled "Nature of License; Transfer
Prohibited" of Chapter 13 entitled "Alcoholic Liquor" of the Mount Prospect
Village Code shall be amended by deleting paragraphs A through F in their
entirety and adding new paragraphs A through D which shall be and read as
follows:
13.208: NATURE OF LICENSE; TRANSFER PROHIBITED:
A. A license shall be a privilege that may be claimed only by the
person set forth on the license. The license shall not constitute property, nor shall
it be subject to attachment, garnishment or execution. The license shall not be
alienable, voluntarily or involuntarily, or subject to lien or other encumbrance. The
license is not transferable either for consideration or not for consideration.
Although regulations in subsections 1 through 3 of this section shall be generally
applicable, the commissioner shall have the sole discretion to determine whether
the transfer of a business has occurred such that the transferee must secure a
new license. Unless a new application has been filed and approved by the
commissioner, an illegal transfer will be deemed to have been attempted and the
license shall become null and voice on the following circumstances
1 . As to a closely held corporation, if any person owning twenty
percent (20 %) or more of the stock transfers the stock to another person
who previously held less than fifty percent (50 %) of the stock. Upon the
death of any person owning twenty percent (20 %) or more of the shares in
a closely held corporation, the commissioner shall be notified.
2. As to a public corporation, an illegal transfer will be deemed
to have been attempted and the license shall become null and void if there
has been a buyout, a takeover or any other transaction involving the sale
or transfer of more than fifty percent (50 %) of the stock or assets of the
corporation.
3. As to a Limited Liability Company, if there has been a
change in the managing partner or change in or replacement of any
member of the Limited Liability Company of whom the Commissioner had
previously required fingerprinting.
B. If a licensee is ordered into receivership or files for bankruptcy, the
receiver or trustee may continue the operation of the business under the existing
license pursuant to a written order of the appropriate court until the expiration of
the license or until the passage of six (6) months from the date of appointment of
a receiver or trustee whichever comes first.
C. Upon the alienation, sale, transfer, assignment or donation of the
business for which the license is issued to any other than the licensee, the liquor
license shall automatically become void.
D. Any licensed establishment that has discontinued the sale or
service of alcoholic beverages or that has not been open for business at least
four (4) days per week for a period of thirty (30) days or more shall automatically
forfeit its license. This forfeiture shall not apply in instances where the licensee
has previously notified the village manager, in writing, of an intent to close the
premises for a portion of a license term for remodeling or other similar purpose.
SECTION 12 : 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
Village Code shall be amended by adding the following sentence before the last
sentence of Paragraph E, which shall be and 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 13 : Paragraph A of Section 13.403, entitled "Closing Hours ", of
Article IV, "Regulation of Licenses ", of Chapter 13, entitled "Alcoholic Liquor ", of
the Mount Prospect Village Code shall be amended by deleting paragraph A in
its entirety and inserting a new paragraph A, which shall be and read as follows:
A. It shall be unlawful to engage in the service of any alcoholic
beverages during the following hours:
1. 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 except::
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.
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 14 : Paragraph A of Section 13.405, entitled "Prohibited
Conduct" of Article IV, "Regulation of Licenses ", of Chapter 13, entitled "Alcoholic
Liquor ", of the Mount Prospect Village Code shall be amended by deleting
paragraph A in its entirety and inserting a new paragraph A, which shall be and
read as follows:
A. Sale, Delivery, Service or Giving Of Alcoholic Beverages: The sale,
delivery, service or giving of any alcoholic beverages to either of the following:
1. A person under twenty one (21) years of age.
2. A person previously involved in a fight in the establishment.
SECTION 15 : Paragraph C of Section 13.405, entitled "Prohibited
Conduct ", of Article IV, "Regulation of Licenses ", of Chapter 13, entitled
"Alcoholic Liquor ", of the Mount Prospect Village Code shall be amended by
deleting subparagraph 1(a) in its entirety, re- lettering in order the remaining
subparagraphs and adding at the end a new subparagraph (e), which shall be
and read as follows:
e. Delivery of alcoholic beverages to any person in such quantity as to
result in the person becoming intoxicated.
SECTION 16 : Appendix A, Division Il, 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 ":
Ad Hoc Permits: To be set by the commissioner, considering staff time
and other employee involvement, not to exceed $100.00 per day.
SECTION 17: 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: Hoefert, Korn, Matuszak, Polit, Zadel
NAYS: None
ABSENT: Juracek
PASSED and APPROVED this 1 St day of March, 2011
Ir na K. Wilks, May
ATTEST:
M. Lisa Angell, Vill e C erk