HomeMy WebLinkAbout3. Chapter 13 Ordinance Change 12/13/2011KLEIN, THORPE & JEI KINS, LTD.
Attorrieys at Law
20 N. Wacker Drive, Ste 1000
Chicago, Illinois 00000 -2903
T 312 984 0400 F 312 984 0444
DO 312 984 0420
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MEMORANDUM
TO: Michael E. Janonis
Mount Prospect Village Manager
FROM: Everette M. Hill, Jr.
DATE: November 10, 2011
RE: World Market Liquor License
wvvw.ktjlaw.com
Cost Plus World Market is a retail chain, similar to Pier One, that plans to occupy
space at Randhurst. Part of the World Market business model is the sale of packaged
imported beer, wine and spirits. Our current Liquor Code would permit such sales only
in supermarkets. World Market is not a supermarket and although it has an extensive
food section, its primary sales relate to imported home furnishing goods.
They have requested a new license classification that would allow them to
operate according to their standard business model.
Rather than create a new classification, we have expanded the existing P -2
(Supermarket) license classification to include "a premises where the primary business
is the sale of goods and products other than alcoholic beverages" rather than "a
premises where the primary business is the sale of groceries and related products." In
order to assure that every "big box" store doesn't apply for this license; we have also
added that "The sale of pre - packaged food items must be a significant (not merely
incidental) aspect of the business model." This should assure that home improvement
stores don't start selling six packs with their hot dogs.
The 10,000 square foot minimum restriction will remain.
It should also be noted that World Market will sell individual bottles of imported
beer, but they will not be chilled. Our Liquor Code prohibits the sale of chilled individual
bottles. We have also changed the Code to provide that P licensees may obtain an
annual "daily sampling" permit for $1,000, rather than requiring a separate $25 permit
application for each day of sampling.
If you have any questions, please contact me.
15010 S. Ravinia Avenue, Ste 10
Orland Park, Illinois 00402 -5353
T 708 349 3888 F 708 3491500
277276_1
COST PLUS WORLD MARKET ORDINANCE MODIFICATION 11 -10 -11
Proposed Modification Current Ordinance
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 13
ENTITLED "ALCOHOLIC LIQUOR"
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 1: Subparagraph (A)(1) of Section
13.204 entitled "Classifications" of Chapter 13
entitled "Alcoholic Liquor" of the Mount Prospect
Village Code shall be amended by deleting the word
"Supermarket" for Class P -2 and replacing it with
the word "Secondary" package.
Class General package
P -1 license.
Class
Supermarket
P -2
pack lic ense.
Class
Wine and beer only
P -3
package license.
Class
Wine only package
P -4
license.
Class Home delivery
P -5 license.
SECTION 2: Subparagraph (13)(1)(b) of Section
13.204 entitled "Classifications" of Chapter 13
entitled "Alcoholic Liquor" of the Mount Prospect
Village Code shall be amended by changing "Daily
sampling permit" to read "Daily (annual) sampling
permit."
b. Those requiring a Mount Prospect
license:
-Daily sampling permit.
Mount Prospect caterer's permit.
-Outdoor entertainment permit.
COST PLUS WORLD MARKET ORDINANCE MODIFICATION 11 -10 -11
SECTION 3: Subparagraph (A)(2)(b) 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 (b) in its entirety
and inserting a new subparagraph (b) which shall
be and read as follows:
b. Supermarket Package License:
Class P -2, for delivery of alcoholic
b. Secondary Package License:
beverages in an original package
Class P -2, for delivery of alcoholic beverages
only, at a premises where the
in an original package only, at a premises
primary business is the sale of
where the primary business is the sale of
groceries and related products.
goods and products other than alcoholic
Regulations specific to a class P -2
beverages. Regulation specific to a Class P-
license:
2 license:
(1) A class P -2 licensed premises
(1) The Class P -2 licensed
shall contain not less than ten
premises shall contain not less than
thousand (10,000) square feet of
ten thousand (10,000) square feet of
floor area.
floor area.
(2) The sale of pre-
packaged food items must be a significant
(not merely incidental) aspect of the business
model.
SECTION 4: Subparagraph (D)(2)(b)(2) of 2) Daily Sampling Permit: A permit
allowing the holder of any class P
Section 13.204.1 entitled "Descriptions and license to serve wine or beer,
without charge, in small and
Restrictions" of Chapter 13 entitled "Alcoholic limited amounts, for sampling
purposes only and in conjunction
Liquor" of the Mount Prospect Village Code shall be with sales promotional efforts
occurring on the licensed
amended by adding the word (annual) to the two premises. (See subsection C4d of
this section with respect to an S -4
locations where "Daily Sampling Permit" is currently license.) Regulations specific to a
daily sampling permit:
used. The language "Daily (annual) Sampling
Permit" is found in the subsection heading and in
the last sentence.
COST PLUS WORLD MARKET ORDINANCE MODIFICATION 11 -10 -11
B. Permits:
SECTION 5: Chapter 13 entitled "Alcoholic 11. Temporary:
Liquors" of Appendix II entitled "Fees, Rates and Civic permit: $0
Taxes" of the Village of Mount Prospect Village Library permit: $0
Code by amending "Daily sampling permit: $25.00 Village permit: $0
per day" in paragraph B "Permits" of Section 13.204 Non -Mount Prospect caterer's
permit: $100.00 per day
"Classifications" to now read "Daily (annual)
Promotion permit: $25.00 per day
sampling permit: $25.00 per day; $1,000.00
annually."
SECTION 6: 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
of , 2011
day
Village President
ATTEST:
irvana K. MIKS,
Mount Prospect caterer's permit:
$75.00 per day
Daily sampling permit: $25.00 per
day
Outdoor entertainment permit: $0
M. Lisa Angell, Village Clerk