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HomeMy WebLinkAbout3.3 An Ordinance Amending Chaper 13BoardDocs® Pro Agenda Item Details Page 1 of 1 Meeting Jul 18, 2017 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - 7:00 p. M. Category 3. MAYOR'S REPORT Subject 3.3 1st Reading of AN ORDINANCE AMENDING CHAPTER 13 (ALCOHOLIC LIQUORS) OF THE VILLAGE CODE OF MOUNT PROSPECT Type Action Recommended Approve an Ordinance amending Chapter 13 (Alcoholic Liquor) of the Village Code in Action regard to Craft Distilleries. Information Popularity of brewery/distillery related establishments continues to grow within the Chicago Metropolitan area. The Village's Alcoholic Liquor Code (Chapter 13) was amended in 2015 creating a craft brewery classification that permits the manufacturing, distribution and sales of beer. Currently the Ordinance does not allow for the manufacturing or distribution of spirits On Thursday June 29, the Village Manager along with Executive Assistant and Community Development Director met with Mr. Matthew Nurre and Mr. Jesse Zien to discuss their business plan for a small batch, hand crafted spirits distillery, proposed to be located at 1880 S. Elmhurst Road. A red -lined proposed amendment to Chapter 13 for the manufacture of spirits was presented along with the business plan. Mr. Nurre, a local resident, is a Master Distiller who has a double major in Chemistry and Biochemistry from the University of Iowa. Mr. Zien, a prior Operations Manager with a MBA from Loyola University, oversaw all aspects of operations for a $1.5 billion dollar company. Both are co-founders of Two Eagles Distillery. The amending of Class ""S-8" liquor license to include Craft Distillery would be necessary to process their request for such a license. Village staff along with the Village Attorney reviewed the Illinois Liquor Control Act guidelines for a manufacture's distiller liquor license. The attached amended ordinance as presented covers the addition of a distillery to the specialty license Class S-8 (Craft Brewery). The ordinance is the product of incorporating the distillery parameters in the Illinois Liquor Control Act and the Village's established alcoholic liquor regulations set forth in Chapter 13 of the Village Code. Alternatives 1. Approval of the Ordinance as presented. 2. Action at discretion of Village Board. Staff Recommendation Village staff recommends approval of the Ordinance so that a liquor license application for a Craft Distillery can be accepted. Craft Distillery 2 '7 ®Ip d ,f (106 IIK IIS http://www.boarddocs.com/il/vomp/Board.nsf/Public 7/17/2017 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 13 (ALCOHOLIC LIQUOR) OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS IN REGARD TO CRAFT DISTILLERIES BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Chapter 13, Article I, Section 13.101 of the Mount Prospect Village Code is hereby amended by adding a new definition to said Section, which shall read in its entirety as follows: "CRAFT DISTILLERY: A manufacturer of craft spirits as defined and regulated by the state of Illinois." SECTION 2: Chapter 13, Article 11, Section 13.204.1(C)(8) of the Mount Prospect Village Code is hereby amended as follows: "Craft Brewery or Distillery License: Class S-8, for the manufacture and delivery of beer or distilled spirits for on premises and off premises consumption by a craft brewery or distillery and for guided tours of its brewiRg facility. Restrictions specific to a class S-8 license: a. Must comply with all laws and regulations of the state of Illinois as may apply to craft brewers or distillers. b. Samplings may be conducted only pursuant to a village sampling endorsement (Section El). c. Hours of sale shall be the same as a P -package license. d. Retail sales are allowed as follows: 1) On Premises Consumption: A. Not more than fifty two (52) ounces of beer or six 6 ounces of distilled spirits may be served to any customer in one day and each serving shall be limited to sixteen (16) ounces of beer or two (2) ounces of distilled spirits. 381804_1 B. At a minimum, must provide limited food service such as cheese, crackers, snack food or other similar deli style items to customers who are consuming craft beer or distilled sairits. 2) Growlers And Howlers: A. May be filled only with beer manufactured on the premises; and B. Shall be filled and sanitized according to all applicable laws and regulations; and C. Shall be sealed with a tamperproof seal; and D. May be sold for off premises consumption only. 3) Package Goods: Beer or distilled spirits manufactured on the premises and packaged according to Illinois law may be sold at retail from the licensed premises. e. Tours of the brewing or distilling facility may be offered during hours that the premises is open for retail sales. f. A Class S-8 Craft Brewery or Distillery License shall authorize either craft brewery or craft distillery operations at a licensed facility, but not both." SECTION 3: Chapter 13, Article 11, Section 13.204.1(E) of the Mount Prospect Village Code is hereby amended as follows- ollows: Endorsements - Endorsements: 1 . 1. Sampling Endorsement: An endorsement allowing the holder of any class P or class S-8 license to serve wine, e+ beer or distilled spirits 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 an S-4 license.) Regulations specific to a sampling endorsement: a. The sampling shall be attended and supervised by a full time adult employee and may occur only in a designated area on the licensed premises; 381804_1 2 b. The actual amount of beer or wine in an individual sampling container may not exceed two (2) ounces, or'/4 ounce for distilled spirits; a-nd c. Signs or other materials advertising the availability of "sampling" may not be visible from the exterior of the licensed premises. However, an establishment with an annual sampling endorsement may post one such sign, not to exceed three (3) square feet in area, so long as it does not violate the village sign ordinance; and d. Quantities may not exceed a total of ten (10) ounces of beer or wine, or one (1) ounce of distilled spirits, per customer per day. SECTION 4: Chapter 13, Section 13.204(A)(3) of the Mount Prospect Village Code is hereby amended so that the name of the Class S-8 license is changed from "Crafty brewery license" to "Craft brewery or distillery license." SECTION 5: 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- YES: NAYS- NAYS: ABSENT- ABSENT: PASSED PASSED AND APPROVED this day of , 2017 Arlene A. Juracek, Village President ATTEST: Karen Agoranos, Village Clerk 381804_1 3 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CLERK'S CERTIFICATE I, Karen Agoranos, Village Clerk of the Village of Mount Prospect, in the County of Cook and State of Illinois, do hereby certify that the attached and foregoing is a true and correct copy of that certain Ordinance now on file in my Office, entitled: AN ORDINANCE AMENDING CHAPTER 13 (ALCOHOLIC LIQUOR) OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS IN REGARD TO CRAFT DISTILLERIES which Ordinance was passed by the Board of Trustees of the Village of Mount Prospect at a Regular Village Board Meeting on the day of , 2017, at which meeting a quorum was present, and approved by the President of the Village of Mount Prospect on the day of 111111801115A I further certify that the vote on the question of the passage of said Ordinance by the Board of Trustees of the Village of Mount Prospect was taken by Ayes and Nays and recorded in the minutes of the Board of Trustees of the Village of Mount Prospect, and that the result of said vote was as follows, to -wit: AYES: NAYS: ABSENT: I do further certify that the original Ordinance, of which the foregoing is a true copy, is entrusted to my care for safekeeping, and that I am the lawful keeper of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Village of Mount Prospect, this day of , 2017. Village Clerk [SEAL] 381804_1 4