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HomeMy WebLinkAboutOrd 3681 08/19/1986ORDINANCE NO. 3681 AN ORDINANCE AMENDING CHAPTER 13 ENTITLED, "ALCHOHLIC LIQUOR DEALERS" OF THE VILLAGE CODE OF ROUNT PROSPECT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 19th DAY OF Auqust , 1986. Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 21st day of August , 1986. ORDINANCE NO. ~681 AN ORDINANCE AMENDING CHAPTER 13 ENTITLED, "ALCOHOLIC LIQUOR DEALERS" 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: SECTION ONE: Chapter 13 entitled "Alcoholic Liquor Dealers" of the Village Code of Mount Prospect, Illinois (]ggl) as amended, is hereby further amended as follows: A. By amending Section i3.I01 entitled "Definitions" of said Chapter 13 to amend the definitions of Lounge and Restaurant to read: "LOUNGE: For the purpose of this Chapter, a "Lounge" shall mean any public place kept, used, maintained, advertised and held out to the public as a place where alcoholic liquor is offered for sale at retail for consumption only on the premises. Said definition may also include therein the term "cocktail lounges." A lounge shall be included within and be an incidental and accessory part of an establishment such as a restaurant, hotel or bowling alley, primarily engaged in a business or occupation other than that of the sale and consumption of alcoholic liquor. RESTAURANT: Any public place kept, used, maintained, advertised and held out to the public as a place where meals are actually and regularly served, without sleeping accommodations, primarily for full-service, sit-down dining which offers patrons meals, including dinner and/or luncheon menus at which the service of alcoholic liquor is incidental and complementary to the service of such meals. Limited food service, such as provided by drive-in restaurants, luncheonettes, diners, coffee shops, fast food operations, and similar uses, does not satisfy the requirements of this definition." B. By amending Section 13.106 entitled, "Licenses and Permits" of said Chapter 13 to change subsection A thereof to read: "A. Except as may be provided for the issuance of certain permits under the terms of subsection B herein, every person engaged in the retail sale of alcoholic liquor in the Village shall first have obtained a suitable liquor license authorizing the specific type and character of such alcoholic liquor sale as may be contemplated in such retail business. All new, transferred or renewed licenses issued after March 3, 1986, except as provided in Section 13.106A.2 of this Chapter, shall be divided into the following classifications-' CLASS "B" license, which shall authorize the licensee to sell and offer for sale at retail, in the premises specified in such license, alcoholic liquor for consumption on said premises. At the minimum, food service such as snacks, hors d'oeuvres and/or similar food items shall be available, in quantities sufficient to serve all patrons of said premises, at all times when alcoholic liquor is served. CLASS "C" license, which shall authorize the licensee to sell and offer lor sale at retail, in the premises specified in such license, alcoholic liquor in its original package only but not for consumption on the premises where sold. Samplings of alcoholic liquor in conjunction with sales promotional efforts shall be allowed pursuant to the regulations contained in Section 13.113 of this Chapter. CLASS "D" license for issuance to private clubs and civic or fraternal organizations not operated for pecuniary profit, which shall authorize the licensee to sell and offer for sale at retail, in the premises specified in such license, alcoholic liquor to its members and guests only for consumption on said premises. CLASS "E" license, for issuance to caterers, which shall authorize the licensee to sell and offer for sale at retail, in the premises specified in such license, alcoholic liquor for consumption on the premises where sold· Consumption of alcoholic liquor at or over a bar shall be permitted, but all consumption shall be limited to those patrons who are invited guests and dining on the premises specified in such license· CLASS "F" license, which shall authorize the licensee to sell and offer for sale at retail, alcoholic liquor for consumption on the premises where sold, and only in conjunction with the operation of a food service court located in a shopping mall. Any consumption of alcoholic beverages shall be limited to those patrons who are dining in said "food cafe." Said premises shall be separate from but contiguous to the main food service court, and shall not exceed eight thousand (8,000) square feet in total floor area. Said premises shall be maintained as an area separate and apart from the general shopping mall with definite and restricted points of ingress and egress prohibiting the removal of alcoholic beverages from the food cafe. CLASS "G" license, for issuance to park districts when operated as a function of that district and not a concession to a third party~ which shall authorize the licensee to sell and offer for sale at retail in such premises specified in such license application, for beer and wine onlyr for consumption on the premises. CLASS "H" license, for issuance to supper clubs, which shall authorize the licensee to sell and offer for sale at retail, alcoholic liquor for consump- tion on the premises where sold. Said premises to have a total floor area of not less than five-thousand, five-hundred (5,500) square feet. Consumption of alcoholic liquor at or over a bar is specifically prohibited on said premises. At the minimum, food service such as hot or cold sandwiches and/or similar food items shall be offered at all times when alcoholic liquor is served. Drink minimums, such as those requiring patrons of said supper club to purchase one (I) or more alcoholic beverages as a condition of entrance to said premises are specifically prohibited. CLASS "M" license, for issuance to hotelsr motels~ motor inns or motor lodges which shall authorize the licensee to sell and offer for sale at retail, in the premises specified in such license, alcoholic liquor to guests of such hotel, motel, motor inn or motor [odge in the rooms occupied by such guests on such premises. If a restaurant and/or lounge is operated on the premises of the licensee, the licensee may also sell alcoholic beverages to patrons of the restaurant or lounge under such terms and conditions as may be determined by the Local Liquor Control Commissioner. CLASS "P" licenser which shall authorize the licensee to sell and offer for sale at retail, in the premises specified for such license, wine and beer in the original package which may be refrigerated or non- refrigerated. Consumption of wine and/or beer (as well as samplings thereof) upon the licensed premises is strictly prohibited. CLASS "R" license~ for issuance to restaurants~ which shall authorize the licensee to sell and offer for sale at retail, alcoholic liquor for consump- tion on the premises where sold. Consumption of alcoholic liquor at or over a bar is specifically prohibited and any consumption of alcoholic liquors shall be limited to those patrons who are dining in such restaurant. CLASS "S" license~ for issuance to restaurants maintaining a separate lounge area as an incidental and accessory use, which shall authorize the licensee to sell and offer for sale at retail~ in the restaurant portion of the premises specified in such license, alcoholic liquor for consumption on said premises only with meals~ and in the lounge portion of the premises specified in such licenser alcoholic liquor for consumption on said premises~ with or without the service of food. The premises licensed herein shall be primarily devoted to the preparation~ cooking and serving of meals and the lounge area shall contain less than twenty-five percent (25%) of the floor area of the premises and shall not be divided into two (2) or more locations within said premises. Full food servicer including dinner and/or luncheon menus, shall be offered at all times while alcoholic liquor is served. CLASS "T" license~ for issuance to bowling alleys~ which shall authorize the licensee to sell and offer for sale at retail alcoholic beverages, in the lounge, for consumption on the premises where sold. The premises must in fact operate as a bowling alley and offer their patrons full bowling facilities with alcoholic liquor service incidental to bowling. The lounge area of such premises licensed herein shall contain less than twenty-five percent (25%) of the floor area of the premises and shall not be divided into two (2) or more locations within said premises. Food service shall be available to patrons at all times when liquor is served. CLASS "V" license, which shall authorize the licensee to sell and offer for sale at retail, in the premises specified in such license, wine in its original package only but not for consumption on the premises where sold. Samplings of wine in conjunction with sales promotional efforts shall be allowed pursuant to the regulations contained in Section 13.~13 of this Chapter. CLASS "~I/" license, for issuance to restaurants, which shall authorize the licensee to sell and offer t~?'~ale at retail, beer and wine for consump- tion on the premises WhcPe sold. Consumption of alcoholic liquor at or over a bar is specifically t~rohibited and any consumption of beer and wine shall be limited to ~;h0Se patrons who are dining in such restaurant. All Class A, Class B and Class S licenses originally issued prior to March 4, 1956 and subsequently renewed by that licensee shall be defined as follows: CLASS "A" license, which shall authorize the licensee to sell and offer for sale at retail, in the premises specified in such license, alcoholic liquor for consumption on said premises and also alcoholic liquor in its original package but not for consumptioh on the premises where sold. CLASS "B" license, which shall authorize the licensee to sell and offer for sale at retail, in the premises specified in such license, alcoholic liquor only for consumption on said premises. CLASS "S" license, for issuance to restaurants maintaining a separate lounge area as an accessory use, which shall authorize the licensee to sell and offer for sale at retail, in the restaurant portion of the premises specified in such license, alcoholic liquor for consumption on said premises only with meals, and in the lounge portion of the premises specified in such license, alcoholic liquor for consumption on said premises, with or without the service of food. The premises licensed herein shall be primarily devoted to the preparation, cooking and serving of meals and the lounge area shall contain less than twenty-five percent (25%) of the floor area of the premises. 3. Each such licensee shall pay an annual fee for such license in the amount set forth below: License Classification Annual License Fee Class A 52,500.00 Class B 2,000.00 Class C 2,000.00 Class D 750.00 Class E 2,000.00 Class F 2,000.00 Class G 750.00 Class H 2,000.00 Class M 2,500.00 Class P 1,750.00 Class R 2,000.00 Class S 2,500.00 Class T 2,500.00 Class ¥ 1,500.00 Class W 1,500.00" C. Effective May 1, 1987, Subsection A of Section 13.107 of said Chapter 13, entitled "Number of Licenses" shall be amended by deleting the words "Seventeen (17) Class 5 Licenses" and inserting in its place the following. "Fifteen (15) Two (2) Class S Licenses Class T Licenses" D. By amending Section 13.110, entitled "Transfer of License" of said Chapter 13 to read: "A. A license shall be purely a personal privileged good for a period not to exceed one year after issuance~ unless revoked sooner as provided in this Chapter, and shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated. uch license shall cease upon the death of the licensee and shall not descend by the laws of testate or intestate devolution, provided that executors or administrators of the estate of any deceased licensee, and the trustee of any insolvent or bankrupt licensee, when such estate consists in part of alcoholic liquor, may continue the business of the sale of alcoholic liquor under the order of the appropriate court, and may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of decedent, or such insolvency or bankruptcy until the expiration of such license, but not longer than six (6) months after the death, bankruptcy or insolvency of such licensee. A refund shall be made of that portion of the license fee paid for any period in which the licensee shall be prevented from operating under the license in accordance with the provisions of this Section. B. If a licensee shall terminate his license before July 1, by virtue of the sale or transfer of his business, then he shall be entitled to a rebate of the license fee paid, prorated to the nearest month, less a fifty dollar ($50.00) administrative fee." E. By amending Section 13.119.1 entitled, "Fighting Prohibitedl Licensee's Conduct" of said Chapter 13 to change subsection B thereof to read: "B. A copy of Section 13.119.1A shall be prominently displayed in letters not less than one inch (1'9 high in all premises holding a Class A, B, D, E, F, G, H, M, R, S, T or W liquor license. The notice shall further state that any person in a licensed premises observing a fight shall immediately notify the Village Police Department." SECTION TWO: 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. PASSED and APPROVED this 19th day of Auqust , 1986. AYES: Arthur, Farley, FloroS, Murauskis, Van Geem NAYS: Wattenberg ABSENT: None ATTEST: Village Clerk Village l~esident