HomeMy WebLinkAboutOrd 3406 03/06/1984ORDINANCE NO. 340~
AN ORDINANCE AMENDING CHAPTER 13 OF THE
VILLAGE CODE OF MOUNT PROSEPCT
PASSED AND APPROVED BY
THE PRESIDENT AND BOARD OF TRUSTEES
THE 6th DAY OF MARCH, 1984
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois the
9th day of MARCH, 1984
ORDINANCE NO. 3406
AN ORDINANCE AMENDING CHAPTER 13 OF THE
VILLAGE CODE OF MOUNT PROSPECT
WHEREAS, the President and Board of Trustees of the Village
of Mount Prospect, Cook County, Illinois, believe that it would
be in the best interests of the health, safety and welfare of
the citizens of ~gunt Prospect to eliminate the occurrence of
physical altercations at establishments holding a Village of
Mount Prospect liquor license ("licensed premises"); and
WHEREAS, such altercations place a tremendous burden upon
the resources of the police department; and
WHEREAS, the President and Board of Trustees of the Village
of Mount Prospect further believe that the amount of alcohol
that has been consumed by an individual bears a direct
relationship to the tendency to engage in such altercation.
BE IT THEREFORE ORDAINED by the President and Board of
Trustees of the Village of Mount Prospect acting in exercise of
thei~ome rule powers:
SECTION ONE: A section 13.119.1 shall be added to Chapter 13
of the Village Code, which shall be and read as follows:
"Sec. 13.119.1. Fighting
Conduct.
Prohibited;
Licensees
A. Fighting either inside or outside on any premises
holding a liquor license in the Village of Mount Prospect
is hereby prohibited. For the purpose of this Section,
fighting shall mean any threatening or touching of another
person which provokes or tends to provoke a breach of
the peace. Any person engaging in fighting under the
terms of this Section shall be presumed to have provoked
the incident, and such a presumption may only be overcome
by the presentation of clear and convincing evidence that
the person was acting in self defense. Any person
violating this Section shall be fined not less than
One Hundredd Dollars ($100).
B. A copy of Section 1311i9.1-A shall be prominently
displayed in letters not less than one inch (1") high in
all premises holding a Class A, B, D, E, G, L, M, R, S or
W liquor license. The notice shall further state than
any person in a licensed premises observing a fight shall
immediately notify the Village of Mount Prospect Police
Department.
C. The following procedure shall be observed by a
licensee or his agent or employee when a fight occurs
on a licensed premises:
1. The licensee or his agent or employee on the
premises shall immediately notify the Village of Mount
Prospect Police Department.
2. Within forty-eight (48) hours of the
occurrence, the licensee shall file with the Village
of Mount Prospect Liquor Control Commissioner a report
which contains the following information:
ae
The number of the persons involved in
the fight;
b. The approximate amount of alcohol
consumed by each person involved in the
fight;
c. The action taken by the licensee to
. prevent the fight;
d. The actions taken by the licensee
subsequent to the start of the fight.
The licensee's opinion as to why the
fight occurred.
D. Failure (by the licensee, his agent or employee) to
give immediate notification to the Mount Prospect Police
Department of a fight on a licensed premises or failure
to file a report as required in Subsection C with the
Liquor Control Commissioner shall subject the licensee
to a fine and a mandatory suspension of his Village of
Mount Prospect Liquor License for a period of three (3)
days. For purposes of this Section the word "immediate"
shall refer to such time as one party threatens another
or commences fighting with another.
E. The occurence of a fight on a licensed premises
shall give rise to the presumption that the licensee or
his agent delivered alcoholic beverages to an
intoxicated person in violation of Section 13.122 of
this Chapter. Based upon this presumption, the Local
Liquor Control Commissioner may conduct a hearing
pursuant to Section 13.123 of this Chapter. This
presumption may be overcome only upon the presentation
by the licensee of clear and convincing evidence to the
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contrary. This Paragraph E shall apply only to Local
Liquor Control hearings and not to proceedings before
a Circuit Court, except in instances of Administrative
Review."
SECTION TWO: That all ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION THREE: That this ordinance shall be in full force
and effect from and after its passage, approval and publication
pamphlet form in the manner provided by law.
in
AYES: Arthur, Farley, Floros,
NAYS: Van Geem, Wattenberg
ABSENT: None
PASSED and APPROVED this 6
MurauSkis
__ day of March , 1984.
it l~e President
ATTEST:
Village Clerk
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