HomeMy WebLinkAboutOrd 6401 08/21/2018 Amending Chapters 13 and 23 to Create Liquor Licenses for Establishments with Video GamingORDINANCE NO. 6401
AN ORDINANCE AMENDING CHAPTER 13 OF THE VILLAGE OF MOUNT
PROSPECT'S MUNICIPAL CODE, "ALCOHOLIC LIQUORS," SPECIFICALLY
SECTIONS 13.101,13.204 AND 13.204.1; CHAPTER 23 OF THE VILLAGE OF MOUNT
PROSPECT'S MUNICIPAL CODE, "OFFENSES AND MISCELLANEOUS
REGULATIONS," SPECIFICALLY SECTION 23.503.1; AND APPENDIX A, DIVISION
II OF THE VILLAGE OF MOUNT PROSPECT'S MUNICIPAL CODE TO CREATE
LIQUOR LICENSES FOR ESTABLISHMENTS WITH VIDEO GAMING
WHEREAS, the Village of Mount Prospect ("Village") and its officials are authorized
pursuant to the provisions of Section 4-4 of the Illinois Liquor Control Act of 1934, (235 ILCS
5/4-1, et seq.), to provide for the control, management and licensing of the sale of alcoholic
beverages within the corporate boundaries of the Village of Mount Prospect; and
WHEREAS, the Village has determined it is necessary and desirable to provide additional
classes of liquor licenses, which would allow its recipients to operate video gaming in the Village;
and
WHEREAS, the President and Board of Trustees find it is in the best interests of the
community of the Village of Mount Prospect to approve the Ordinance as herein amended.
NOW, THEREFORE, BE IT ORDAINED by the President and the Board of Trustees
of the Village of Mount Prospect, County of Cook, State of Illinois:
SECTION A:
Section 13.101 of the Mount Prospect Municipal Code, "WORDS AND PHRASES," is
hereby amended to include a new definition of "Video Gaming Cafe" to read as follows:
VIDEO GAMING CAFE: An establishment whose primary or major focus is video gaming and
the service of alcohol and food is incidental to the operation of video gaming. Video Gaming Cafes
are expressly prohibited in the Village of Mount Prospect.
SECTION B:
Section 13.204 of the Village of Mount Prospect's Municipal Code,
"CLASSIFICATIONS," is hereby amended to read in its entirety as follows:
A. Licenses: Liquor licenses in the Village shall be divided into the following classifications:
1. Package Licenses (P):.......................
Class P-1 General package license.
Class P-2 Secondary package license.
............
_ ...._.
Class P-3 Wine and beer only package license.
Class P-4 Wine only package license.
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Class P-5 Home dcl�vellcense. �...I
2. Food Service Licenses (F):
3. Specialty Licenses (S):
B. Temporary Permits:
1. Non -Mount Prospect caterer's permit.
2. Ad hoc.
C. License Endorsements:
1. Sampling.
2. Mount Prospect caterer.
3. Outdoor entertainment.
4. Corkage endorsement (Class F only). Any Class F-1, F-2 or F-3 licensee may, in the
discretion of the licensee, allow a patron to bring his or her own unopened wine into the
establishment subject to the same restrictions as a Class F-7 license.
D. Certifications:
1. Management entity certification.
2. Outdoor certification.
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SECTION C:
Section 13.204.1 of the Mount Prospect Municipal Code, "DESCRIPTIONS AND
RESTRICTIONS," is hereby amended to read in its entirety as follows:
The restrictions on a particular license, permit or certification classification shall be binding on the
licensee and no premises or activity may be operated in violation of the classification restrictions
and regulations. No license, permit or certification may be issued unless the applicant's business
is specific to one of the following classifications:
The following restrictions apply to all Licenses which allow for and authorize the operation of
video gaming devises upon the licensed premises:
a. The establishment must have a video gaming license issued by the Illinois Gaming
Board in accordance with the provisions of the Video Gaming Act, 230 ILCS 40/1 et
seq, and shall comply with all provisions of the Illinois Video Gaming Act and all rules,
regulations and restrictions imposed by the Illinois Gaming Board.
b. Video Gaming Cafes as defined in Section 13.101 are prohibited.
c. The operation of video gaming terminals shall not be permitted during the hours
alcoholic liquor sales are prohibited as provided in Section 13.403;
d. Video Gaming is prohibited in any establishment located within 100 feet of any school
or place of worship as defined under the Illinois Video Gaming Act 230 ILCS 40/1 et
seq.;
e. Video gaming shall be located in a segregated area that is restricted to persons 21 years
of age or older; Applicants shall submit a floor plan clearly indicating the proposed
location of all video gaming terminals and the type of screening to be utilized to
segregate the area, provided however, that such screening shall not obstruct the view
of the video gaming area which shall be visible to an employee at all times.
Notwithstanding the foregoing and to the extent possible, no lighting or sounds from
the gaming machines shall be visible or audible outside the segregated area.
Furthermore, such floor plan shall be approved by the Village Manager or designee and
be available at the time the application is presented to the Village Board.
f. The total number of video gaming terminals located in the establishment shall not
exceed five (5);
g. The establishment shall comply with all Village sign regulations and it shall be
unlawful to advertise for video gaming via any sign visible from any street, alley or
public right-of-way within the Village;
h. The establishment shall be required to install, operate and maintain a video camera
surveillance system capable of recording clear and unobstructed photographic
representations of the segregated area of the establishment where the terminals are
located and shall retain the video recordings produced therefrom for a minimum of
thirty (30) days. Said video recordings shall be subject to inspections by the police
department upon request therefor;
i. The establishment shall be equipped with a direct connect burglar alarm system to
Northwest Central Dispatch in instances of unpermitted entry into the establishment,
which system shall be approved by the chief of police;
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j. The establishment must be in good standing with the Village for no less than one (1)
year prior to its application for a License which allows Video Gaming. The one (1) year
requirement is satisfied if an otherwise eligible establishment is acquired by a new
owner that operates qualified video gaming in other locations in the State of Illinois.
To be in "in good standing" the licensee shall:
(i) owe no sums of money to the village at the time of its application;
(ii) have held a consumption on the premise liquor license;
(iii) been in continuous bona fide operation under that license for no less than
twelve (12) months at the time of its application for the License.
(iv) have had no legal violations causing a suspension of its liquor or business
license in the twelve (12) months prior to its application for the License; and
(v) be in compliance with all dram shop and video gaming laws, rules and
regulations of the Village of Mount Prospect and the State of Illinois.
(vi) the Liquor Commissioner shall have the authority to waive the requirements in
subsection 0)(iii) upon a petition by the applicant that demonstrates that the one (1)
year requirement is not necessary.
A. Class P Licenses (Package):
1. Restrictions Applicable To All Class P Licenses:
a. Consumption and/or allowing consumption on the premises where sold is prohibited.
(See subsection E1 of this section for special daily sampling events.)
b. The licensee is prohibited from selling or offering for sale single containers of
refrigerated or chilled alcoholic beverages where the single container has a capacity of less
than twenty two ounces (22 oz).
c. A Class P licensee may sell gasoline for motor vehicles only if the sale of gasoline takes
place at a building or structure that is physically separated from the licensed premises.
d. Except for a duly permitted daily sampling, it shall be unlawful for the holder of any
Class P license to deliver alcoholic beverages in any container other than its original sealed
and unopened package.
e. Video Gaming as defined under the Illinois Video Gaming Act 230 ILCS 40/1 et seq.
shall not be allowed in a Class P licensed premises.
2. Specific Class P Licenses:
a. General Package License: Class P-1, for delivery of all alcoholic beverages in an original
sealed package. Regulations specific to a Class P-1 license:
(1) Under no circumstances shall there be more than five (5) Class P-1 general
package licenses outstanding at any time.
(2) The license may not be issued for a premises whose primary business is the sale
of groceries or other products.
b. Secondary Package License: Class P-2, for delivery of alcoholic beverages in an original
package only, at a premises where the primary business is the sale of goods and products
other than alcoholic beverages. Regulations specific to a Class P-2 license:
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(1) The licensed premises shall contain not less than ten thousand (10,000) square
feet of floor area.
(2) The sale of prepackaged food items must be a significant (not merely incidental)
aspect of the business model.
c. Wine And Beer Only Package License: Class P-3, for the delivery only of wine and beer
in its original package. Regulations specific to the Class P-3 license:
(1) No Class P-3 license shall be issued for a premises whose primary business is
the sale of groceries or other products not related to the sale of alcohol unless the
premises occupies at least ten thousand (10,000) square feet of floor area.
d. Wine Only Package License: Class P-4, for delivery only of wine in its original package.
Regulations specific to a Class P-4 license:
(1) No Class P-4 license shall be issued for a premises whose primary business is
the sale of groceries or other products unless the premises occupies at least ten
thousand (10,000) square feet of floor area.
e. Home Delivery License: Class P-5, for the storage or loading within the Village of
alcoholic beverages that are to be delivered to residences. Regulations specific to a Class
P-5 license:
(1) Only beer and wine may be delivered within the Village pursuant to a Class P-
5 license.
(2) Delivery within the Village must be made directly into the hands of an actual
individual and may not be "dropped off' at an address.
B. Class F Licenses (Food Service):
Restrictions Applicable To All Class F Licenses:
a. The premises shall be primarily devoted to the preparation, cooking and serving of meals.
b. The premises must have a kitchen, dining room, staff and equipment as deemed adequate
by the Village health authority.
c. Full food service including dinner and/or luncheon menus shall be offered at all times
while alcoholic beverages are served.
d. See subsection E2 of this section for off site catering privileges.
e. See subsection F 1 a of this section for outdoor service of alcoholic beverages at
establishments that are within three hundred feet (300') of a residential zoning district and
subsection 14.311 B of this Code for regulation of outdoor dining areas in other parts of the
Village. See section 13.408 of this chapter for the holding of events for civic organizations.
f. Spirits may not be sold, delivered or served by the bottle. (See banquet facility exception
at subsection B2e(2) of this section.)
g. Infused beverages may be delivered only in accordance with State regulations.
2. Specific Class F Licenses:
a. Restaurant Without Lounge License: Class F-1, for service of alcoholic beverages at a
restaurant. Regulations specific to a Class F-1 license:
(1) Consumption or allowing of consumption of alcoholic beverages at any place
other than dining tables is specifically prohibited.
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(2) Service of alcoholic beverages shall be limited to those patrons dining in the
restaurant.
(3) Video Gaming as defined under the Illinois Video Gaming Act 230 ILCS 40/1
et seq. shall not be allowed in a Class F-1 licensed premises.
a-1. Restaurant Without Lounge License: Class F -1-V, for service of alcoholic beverages
at a restaurant and authorize the operation of video gaming devises upon the licensed
premises. Regulations specific to a Class F -1-V license:
(1) Consumption or allowing of consumption of alcoholic beverages at any place
other than dining tables is specifically prohibited.
(2) Service of alcoholic beverages shall be limited to those patrons dining in the
restaurant.
(3) The restaurant must have a video gaming license issued by the Illinois Gaming
Board in accordance with the provisions of the Video Gaming Act, 230 ILCS 40/1
et seq, and shall comply with all provisions of the Illinois Video Gaming Act and
all rules, regulations and restrictions imposed by the Illinois Gaming Board.
b. Restaurant, Wine And Beer Only License: Class F-2, for the providing of beer and wine
only at a restaurant. Regulations specific to a Class F-2 license:
(1) Consumption or allowing of consumption of alcoholic beverages at any place
other than dining tables is specifically prohibited.
(2) Service of alcoholic beverages shall be limited to those patrons dining in the
restaurant.
(3) Video Gaming as defined under the Illinois Video Gaming Act 230 ILCS 40/1
et seq. shall not be allowed in a Class F-2 licensed premises.
b-1. Restaurant, Wine And Beer Only License: Class F -2-V, for the providing of beer and
wine only at a restaurant and authorize the operation of video gaming devises upon the
licensed premises. Regulations specific to a Class F -2-V license:
(1) Consumption or allowing of consumption of alcoholic beverages at any place
other than dining tables is specifically prohibited.
(2) Service of alcoholic beverages shall be limited to those patrons dining in the
restaurant.
(3) The restaurant must have a video gaming license issued by the Illinois Gaming
Board in accordance with the provisions of the Video Gaming Act, 230 ILCS 40/1
et seq, and shall comply with all provisions of the Illinois Video Gaming Act and
all rules, regulations and restrictions imposed by the Illinois Gaming Board.
c. Restaurant With Lounge License: Class F-3, for providing of alcoholic beverages by
restaurants maintaining a separate lounge area. Regulations specific to the class F-3 license:
(1) Alcoholic beverages delivered in the restaurant portion of the premises shall be
limited to those patrons dining in the restaurant.
(2) Alcoholic beverages may be served in the lounge portion of the premises with
or without the service of food.
(3) The total lounge area shall be no more than fifty percent (50%) of the floor area
of the premises.
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(4) Video Gaming as defined under the Illinois Video Gaming Act 230 ILCS 40/1
et seq. shall not be allowed in a Class F-3 licensed premises.
c-1. Restaurant With Lounge License: Class F -3-V, for providing of alcoholic beverages
by restaurants maintaining a separate lounge area and authorize the operation of video
gaming devises upon the licensed premises. Regulations specific to the class F -3-V license:
(1) Alcoholic beverages delivered in the restaurant portion of the premises shall be
limited to those patrons dining in the restaurant.
(2) Alcoholic beverages may be served in the lounge portion of the premises with
or without the service of food.
(3) The total lounge area shall be no more than fifty percent (50%) of the floor area
of the premises.
(4) The restaurant must have a video gaming license issued by the Illinois Gaming
Board in accordance with the provisions of the Video Gaming Act, 230 ILCS 40/1
et seq, and shall comply with all provisions of the Illinois Video Gaming Act and
all rules, regulations and restrictions imposed by the Illinois Gaming Board.
d. Private Club License: Class F-4, for providing of alcoholic beverages at a private club.
Regulations specific to a class F-4 license:
(1) Service of alcoholic beverages may be only to: a) members; and b) guests of a
specific member if that member is also on the premises.
(2) The organization must own or lease a premises of sufficient size and character
for the reasonable and comfortable use and accommodation of its members and
their guests.
(3) The licensee's affairs and management must be conducted by a board of
directors, executive committee or similar body chosen by the members at an annual
meeting.
(4) No member or any officer, agent or employee of the club may be paid or directly
receive as compensation, any profits from the distribution or sale of alcoholic
beverages at the club, beyond the amount of such salary as may be fixed and voted
at any annual meeting by the members or by its board of directors or other
governing body out of the general revenue of the private club.
(5) Video Gaming as defined under the Illinois Video Gaming Act 230 ILCS 40/1
et seq. shall not be allowed in a Class F-4 licensed premises.
d-1. Private Club License: Class F -4-V, for providing of alcoholic beverages at a private
club and authorize the operation of video gaming devises upon the licensed premises.
Regulations specific to a class F -4-V license:
(1) Only licensed fraternal establishments and licensed veterans establishments as
defined by the Video Gaming Act, 230 ILCS 40/1 et seq, shall be eligible to receive
a Class F -4-V License.
(2) Service of alcoholic beverages may be only to: a) members; and b) guests of a
specific member if that member is also on the premises.
(3) The organization must own or lease a premises of sufficient size and character
for the reasonable and comfortable use and accommodation of its members and
their guests.
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(4) The licensee's affairs and management must be conducted by a board of
directors, executive committee or similar body chosen by the members at an annual
meeting.
(5) No member or any officer, agent or employee of the club may be paid or directly
receive as compensation, any profits from the distribution or sale of alcoholic
beverages at the club, beyond the amount of such salary as may be fixed and voted
at any annual meeting by the members or by its board of directors or other
governing body out of the general revenue of the private club.
(6) The Private Club must have a video gaming license issued by the Illinois
Gaming Board in accordance with the provisions of the Video Gaming Act, 230
ILCS 40/1 et seq, and shall comply with all provisions of the Illinois Video Gaming
Act and all rules, regulations and restrictions imposed by the Illinois Gaming
Board.
e. Banquet Facility License: Class F-5, for the service of alcoholic beverages at private
events at the banquet facility. Regulations specific to a class F-5 license:
(1) Consumption of alcoholic beverages at or over a bar shall be permitted, but all
consumption shall be limited to those patrons who are guests invited specifically to
the private event.
(2) Spirits may be delivered and served at individual tables in the same manner as
beer or wine.
(3) Video Gaming as defined under the Illinois Video Gaming Act 230 ILCS 40/1
et seq. shall not be allowed in a Class F-5 licensed premises.
f. Golf Course License: Class F-6, for the service of alcoholic beverages at golf courses.
This license shall include service in a clubhouse restaurant, a clubhouse lounge, service
from licensee owned carts on the golf course, service at any other snack or food facility on
the course and at events on the golf course grounds. Regulations specific to a class F-6
license:
(1) If the golf course also offers regular meal service in a restaurant type of facility,
then the regulations applicable to the appropriate class F license shall apply to that
restaurant facility.
(2) If the golf course does not operate a restaurant facility, but operates a lounge,
the regulations applicable to an S-3 license shall apply to the lounge.
(3) Video Gaming as defined under the Illinois Video Gaming Act 230 ILCS 40/1
et seq. shall not be allowed in a Class F-6 licensed premises.
g. F-7 Restaurant Corkage License: Class F-7 shall allow patrons to bring unopened wine
into a restaurant establishment for the sole purpose of consumption in that establishment.
Regulations specific to the class F-7 license:
(1) A corkage fee may be assessed to the participating patrons.
(2) Corkage service shall be limited to those patrons dining in the restaurant and
seated at a table. Corkage service shall not be available in a lounge.
(3) Corkage wine may only be consumed on the premises during the hours set forth
in section 13.403 of this chapter.
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(4) A manager who has successfully completed a certified alcohol awareness
training course shall be on the premises any time that corkage service is available.
The individual servers are not required to have such training.
(5) Video Gaming as defined under the Illinois Video Gaming Act 230 ILCS 40/1
et seq. shall not be allowed in a Class F-7 licensed premises.
h. Brewpub License: Class F-8 for service of alcoholic beverages at a restaurant which
brews beer on its premises. Regulations specific to an F-8 license:
(1) All regulations applicable to a class F-3 license shall apply to an F-8 license.
(2) The licensee must be in compliance with state regulations applicable to a state
brewpub license.
(3) 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.
(4) Video Gaming as defined under the Illinois Video Gaming Act 230 ILCS 40/1
et seq. shall not be allowed in a Class F-8 licensed premises.
h-1. Brewpub License: Class F -8-V for service of alcoholic beverages at a restaurant which
brews beer on its premises and authorize the operation of video gaming devises upon the
licensed premises. Regulations specific to an F -8-V license:
(1) All regulations applicable to a class F -3-V license shall apply to an F -8-V
license.
(2) The licensee must be in compliance with state regulations applicable to a state
brewpub license.
(3) 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.
(4) The Brewpub must have a video gaming license issued by the Illinois Gaming
Board in accordance with the provisions of the Video Gaming Act, 230 ILCS 40/1
et seq, and shall comply with all provisions of the Illinois Video Gaming Act and
all rules, regulations and restrictions imposed by the Illinois Gaming Board.
C. Specialty Licenses: See section 13.408 of this chapter for the holding of events for civic
organizations. The following restrictions apply to all Class S Licenses which allow Video Gaming:
1. Hotel License: Class S-1, for the service of alcoholic beverages to guests of the hotel.
Regulations specific to the class S-1 license:
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a. Alcoholic beverages may be served, consumed or allowed to be consumed only in
guestrooms, hospitality suites and other areas of the hotel that are designed, designated and
used as lounges or food service areas.
b. If the hotel premises is used for private events, then the regulations applicable to class
F-5 (banquet facility) shall apply.
c. If the hotel also offers regular meal service in a restaurant or restaurant type of facility,
then the regulations applicable to the appropriate class F license shall apply to that
restaurant facility.
d. If the restaurant is operated by a person other than the licensee, the commissioner shall
have the sole authority to determine whether a management entity certification or a class F
license is required.
e. Absolute liability and responsibility shall attach to the S-1 licensee if any alcohol is
consumed by a minor at any location within or on the hotel premises, including any in room
bar or refrigeration units.
f. Except for the stocking and use of in room bar or refrigeration units, spirits may not be
sold, delivered or served by the bottle.
g. Infused beverages may be delivered only in accordance with state regulations.
h. Video Gaming as defined under the Illinois Video Gaming Act 230 ILCS 40/1 et seq.
shall not be allowed in a Class S-1 licensed premises.
2. Bowling Alley License: Class S-2, for service of alcoholic beverages at a bowling alley.
Regulations specific to a class S-2 license:
a. The premises must operate as a bowling alley with full bowling facilities.
b. Alcoholic beverage service must be incidental to bowling.
c. The lounge area may comprise no more than twenty five percent (25%) of the floor area.
d. Food service must be available to patrons at all times when alcoholic beverages are
served.
e. Spirits may not be sold, delivered or served by the bottle.
f. Video Gaming as defined under the Illinois Video Gaming Act 230 ILCS 40/1 et seq.
shall not be allowed in a Class S-2 licensed premises.
2-1. Bowling Alley License: Class S -2-V, for service of alcoholic beverages at a bowling alley and
authorize the operation of video gaming devises upon the licensed premises. Regulations specific
to a class S -2-V license:
a. The premises must operate as a bowling alley with full bowling facilities.
b. Alcoholic beverage service must be incidental to bowling.
c. The lounge area may comprise no more than twenty five percent (25%) of the floor area.
d. Food service must be available to patrons at all times when alcoholic beverages are
served.
e. Spirits may not be sold, delivered or served by the bottle.
f. The Bowling Alley must have a video gaming license issued by the Illinois Gaming
Board in accordance with the provisions of the Video Gaming Act, 230 ILCS 40/1 et seq,
and shall comply with all provisions of the Illinois Video Gaming Act and all rules,
regulations and restrictions imposed by the Illinois Gaming Board.
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4. Gourmet Beverage Shop License: Class S-4, the regulations governing class P (package license)
shall apply, except as follows:
a. A gourmet beverage shop license shall be available only in a B-5 zoning district.
b. No "spirits", as defined by this chapter, may be served.
c. Glasses or flights of wine or beer may be served on the licensed premises under the
following conditions:
(1) Hors d'oeuvres must be available for consumption with the wine or beer.
(2) No more than ten (10) ounces of wine or twenty (20) ounces of beer may be
served to any individual during any day.
(3) Each glass or flight of wine may contain no more than five (5) ounces and each
glass or flight of beer may contain no more than ten (10) ounces.
d. A class S-4 licensee may conduct off premises winetasting upon securing a daily or
annual sampling license endorsement and in accord with the regulations for such
endorsement. On premises samplings do not require a sampling endorsement, but
nonetheless must be conducted in accord with the regulations of subsection El of this
section.
e. A class S-4 licensee may serve wine and beer at an event where the sponsor has obtained
a permit even if the event is not on the S-4 licensed premises.
f. A class S-4 licensee may serve wine or beer at a Mount Prospect licensed business which
does not otherwise possess a Mount Prospect liquor license under the following conditions:
(1) Such service may take place at a promotional event inside the business premises
only.
(2) The business must have obtained an ad hoc permit.
(3) Such service at any single business may be made at not more than two (2) such
events in any license term.
(4) The S-4 licensee may not conduct such service for a total of more than twenty
(20) times in any license term. The licensee shall notify the commissioner, in
writing, not less than fourteen (14) days in advance of any such service event.
g. Video Gaming as defined under the Illinois Video Gaming Act 230 ILCS 40/1 et seq.
shall not be allowed in a Class S-4 licensed premises.
5. Movie Theater License: Class S-5, for delivery of alcoholic beverages at a movie theater.
Restrictions specific to a class S-5 license:
a. Service of alcoholic beverages shall be limited to a designated customer bar.
b. Service of alcoholic beverages may be made only to persons wearing a wristband
approved by the village of Mount Prospect police department ("alcohol wristband"). The
person dispensing alcohol wristbands shall have completed a certified alcohol awareness
training course as set forth in subsection 13.407F of this chapter. The alcohol wristband
shall be valid only for the date on which it is obtained from the movie theater. This
subsection C5b may be waived, in writing, by the commissioner if the commissioner is of
the opinion that other procedures instituted by the licensee provide acceptable substitute
measures to assure that underage persons are not served. This waiver may be made only
after a review of the written statement of practices that the applicant intends to institute. If
there is such a waiver, the waiver may be withdrawn by the Commissioner at such time as
the Commissioner makes a finding of service of alcohol to an underage person pursuant to
this chapter.
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c. Alcoholic beverages may be consumed in the movie theater auditorium, but may not be
delivered or served in any movie theater auditorium.
d. The containers in which alcoholic beverages are served must be of a different color, size
and design than those in which nonalcoholic beverages are served.
e. Beer may be sold only in individual containers holding twenty (20) ounces or less. All
other alcoholic beverages may be sold only in individual containers holding twelve (12)
ounces or less. This limitation shall be absolute and shall apply irrespective of the actual
alcohol content of the beverage.
f. No more than one alcoholic beverage may be delivered to a customer in any one trip to
the bar.
g. There may be no service of alcoholic beverages unless the movie theater is actually open
for the showing of movies. Under no circumstances may alcoholic beverages be served
more than one hour prior to the advertised showing time of the first movie to be shown on
any day.
h. The lobby bar and the lounge area associated with the bar may comprise no more than
twenty percent (20%) of the floor area outside of the auditoriums.
i. The lobby bar shall be subject to the requirements of subsection 13.405D of this chapter.
If the licensee creates a separate and discreet lounge area as part of its bar and liquor
service, such lounge area shall also be subject to subsection 13.405D of this chapter.
j. An employee of the licensee who has completed a certified alcohol awareness training
course shall be designated to monitor compliance with alcohol laws and be on duty on the
premises whenever there is service of alcoholic beverages.
k. The S-5 licensee shall be responsible if any alcohol is consumed by any minor at any
location within or on the movie theater premises whether the alcohol was purchased at the
movie theater or not.
1. Video Gaming as defined under the Illinois Video Gaming Act 230 ILCS 40/1 et seq.
shall not be allowed in a Class S-5 licensed premises.
6. Complimentary Service License: Class S-6 shall authorize cosmetic facilities, arts and/or crafts
studios, jewelry stores and art galleries to allow the complimentary service and consumption of
beer and wine by its patrons that: a) is brought to the premises of the business by the patron
(BYOB) and/or b) is served by the business; as a complement to the patron's purchase of goods or
services offered by the business (complementary service). A Class S-6 license shall be subject to
the following regulations:
a. Service may be only to customers of the shop or facility and only for consumption of the
drink on the premises while the customer is waiting for or receiving customary barber,
cosmetic, beauty shop, arts/crafts studio, jewelry store or art gallery services from the
facility.
b. The consumption of alcoholic liquor shall only take place during the operating hours of
the business, but in no event earlier than nine o'clock (9:00) A.M. or after ten o'clock
(10:00) P.M.
c. Advertising the availability of alcohol may not be visible from the exterior of the licensed
premises.
d. The complimentary service or consumption of beer or wine at the licensed premises is
limited to not more than three (3) 12 -ounce servings of beer or three (3) 5 -ounce servings
of wine by a patron during any single calendar day, regardless of whether the beverage is
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provided by the licensee or brought to the licensed premises by the patron. No alcoholic
liquor beverages other than wine, sparkling wine, champagne or beer are permitted.
e. It shall be unlawful for the licensee, its agents, and employees to permit any patron to
leave the licensed premises with an open container of wine or beer regardless of whether
the container is provided by the licensee or brought to the licensed premises by the patron,
except as otherwise allowed by section 13.410 of this chapter related to an unsealed and
partially consumed bottle of wine brought to the licensed premises by a patron.
f. All employees of the licensee serving alcohol must have successfully completed online
BASSET certification.
g. The licensee must maintain host liability insurance as required by subsection 13.401A
of this chapter.
h. Complimentary service licenses issued prior to May 1, 2018 shall be valid until April
30, 2019.
i. Video Gaming as defined under the Illinois Video Gaming Act 230 ILCS 40/1 et seq.
shall not be allowed in a Class S-6 licensed premises.
7. Caterer's License: Class S-7, for the delivery of alcoholic beverages by a caterer. Restrictions
specific to a Class S-7 license:
a. Notice must be given in writing to the Village Manager of the time, location and
approximate number of guests at least seventy two (72) hours in advance of the event, at
which alcoholic beverages will be served.
b. A full menu of food must be available for consumption by patrons the entire time that
alcoholic beverages are available.
c. All servers or pourers of alcoholic beverages must have completed a certified alcohol
awareness training course.
d. The caterer may serve alcoholic beverages only at events to which specific persons (not
the general public) have been previously invited or at a Village sponsored event.
e. Video Gaming as defined under the Illinois Video Gaming Act 230 ILCS 40/1 et seq.
shall not be allowed in a Class S-7 licensed premises.
8. 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 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
(subsection E1 of this section).
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.
(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 spirits.
394112 1 13
(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.
g. Video Gaming as defined under the Illinois Video Gaming Act 230 ILCS 40/1 et seq.
shall not be allowed in a Class S-8 licensed premises.
9. License With Special Conditions: Class S-9, the Corporate Authorities may, from time to time,
create conditional licenses which are based on the license classifications set forth above, but which
contain additional conditions and restrictions. These licenses with special conditions, while created
by the Corporate Authorities, shall remain subject to issuance by the Commissioner.
D. Permits; Temporary:
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 dramshop 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.
d. No more than twelve (12) such permit days shall be available to any one such
organization during a license term.
e. The permittee is responsible for securing any applicable State permit. If the State Liquor
Commission requires a permit and it is not obtained, then the Village temporary permit
shall be deemed void ab initio. It is the responsibility of the permittee to determine whether
or not a State permit is needed and issuance of a Village permit has no bearing on the issue
of whether a State permit is required.
f. Unless otherwise stated, there shall be a daily permit fee as set forth in appendix A,
division 11 of this Code.
g. All other regulations of this chapter shall apply to the permit.
2. Specific Temporary Permits: Temporary permits are divided into the classifications set forth
below:
a. Non -Mount Prospect Caterer's Permit: A permit for the service of alcoholic beverages,
at an otherwise unlicensed premises, by a caterer not possessing a Mount Prospect liquor
license. Regulations specific to a non -Mount Prospect caterer's permit:
(1) The caterer must possess a valid liquor license from another Illinois jurisdiction.
3941121 14
(2) The caterer may serve alcoholic beverages only at events to which specific
persons (not the general public) have been previously invited or at a Village
sponsored event.
(3) The permit shall be subject to such other conditions as may be established by
the Commissioner.
b. Ad Hoc Temporary Permit: The Commissioner shall have the authority to issue an ad
hoc temporary permit, where the Commissioner determines that such permit is in the best
interests of the public.
E. Endorsements:
1. Sampling Endorsement: An endorsement allowing the holder of any Class P or Class S-8 license
to serve wine, 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;
b. The actual amount of beer or wine in an individual sampling container may not exceed
two (2) ounces, or one-fourth (1/4) ounce for distilled spirits;
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 (1) 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.
2. Mount Prospect Caterer's Endorsement: A license endorsement for the service of alcoholic
beverages, at an otherwise unlicensed premises, by a Mount Prospect Class F or Class S-3 licensee.
Regulations specific to a Mount Prospect caterer's endorsement:
a. The caterer may serve alcoholic beverages only at events to which specific persons (not
the general public) have been previously invited or at a Village sponsored event.
b. A Mount Prospect caterer's endorsement may be purchased on an annual or daily basis.
c. The endorsement shall be subject to such other conditions as may be established by the
Commissioner.
3. Outdoor Entertainment Endorsement: An endorsement allowing outdoor live music for a Class
F licensee. Regulations specific to a temporary outdoor entertainment endorsement:
a. No such live music may be played between the hours of eleven o'clock (11:00) P.M. and
eleven o'clock (11:00) A.M.
b. The Commissioner may attach such other conditions to the endorsement as may be
advisable to protect the peace and quiet of the surrounding area.
c. The Commissioner, the Village Manager or a designee of either, shall have the absolute
right for cause, and without the necessity of a hearing, to order the immediate cessation of
such live music.
394112 1 15
4. Corkage Endorsement: An endorsement allowing patrons of F-1, F-2, F-3 or S-3 establishments
to bring the patron's own unopened bottle of wine for on premises consumption consistent with
the regulations for an F-7 license.
F. Certifications:.
1. Specific Certifications:
a. Outdoor certification for allowing outdoor service of alcoholic beverages (for other
outdoor dining regulations, see subsection 14.311 B of this Code). Regulations specific to
outdoor certificates:
(1) For establishments within three hundred feet (300') of a residential zoning
district:
(A) Any licensee that commenced the conduct of the business of serving
alcoholic beverages in an outdoor area within three hundred feet (300') of a
residential zoning district prior to January 1, 1989, may be granted an
outdoor certification and continue to operate the outside service area in that
same location. However, that service area may not be enlarged in any
manner.
(B) The Commissioner may grant an outdoor certification for the service of
alcoholic beverages in an outdoor service area that is within three hundred
feet (300') of a residential zoning district but does not meet the criteria of
subsection FIa(1)(A) of this section, subject to the following:
(i) The outdoor service area is on property owned or leased by the
licensee and is on or immediately adjacent to the building on the
licensed premises;
(ii) Prior to issuance of such outdoor certification, the applicant shall
show proof that written notice has been sent by regular mail to all
residential property addresses within three hundred feet (300') of the
licensed premises. The notice shall inform such addressee of the
licensee's intent to secure a special certificate for the outdoor service
of alcoholic beverages. The form of notice shall be supplied by the
Village Manager and shall invite comment on the proposed use from
the affected property owners or occupiers;
(iii) The Commissioner has made a determination that the outdoor
service area will not have a detrimental effect on the neighborhood
in which the premises is located;
(iv) The Commissioner may place such conditions on the outdoor
service area as she or he may deem appropriate;
(v) Such an outdoor certification may be revoked at any time if the
Commissioner reasonably believes that the operation of the outdoor
area has become detrimental to the neighborhood in which it is
located. Upon such revocation, the licensee may not reapply for an
outdoor certification for a period of twelve (12) months following
the date of revocation;
(vi) An outdoor certification shall be available only to the holder of
a Class F-1, F-2 or F-3 liquor license;
394112 1 16
(vii) An outdoor certification may be granted only upon receipt by
the Commissioner and approval by the Village Attorney of a
statement signed by the licensee, acknowledging and accepting the
terms of the certification; and
(viii) An outdoor certification is not transferable and if there is any
change in five percent (5%) or more of ownership of the business, a
new outdoor certification must be obtained by the licensee.
(2) For establishments that are more than three hundred feet (300') from a
residential zoning district: The regulations of subsection 14.311 B of this Code shall
apply.
(3) The application shall be accompanied by a nonrefundable application fee as set
forth in appendix A, division II of this Code, and no management entity may be
qualified unless a certification fee as set forth in appendix A, division II of this
Code has been paid.
b. Management entity certification allowing for the certification of an entity to be retained
to manage a licensed premises. It is recognized that a licensee may, from time to time,
desire to hire or retain, as an independent contractor, a management entity to manage,
generally operate and be responsible for the licensed premises. Regulations specific to a
management entity certification:
(1) No licensee shall permit a management entity to perform such a function unless
the management entity has been certified to do so by the Commissioner. In order to
be certified by the Commissioner, a management entity must execute a liquor
license application. A management entity must qualify for a management entity
certification in the same manner and meet the same standards as a licensee.
(2) The application shall be accompanied by a nonrefundable application fee as set
forth in appendix A, division II of this Code, and no management entity may be
qualified unless a certification fee as set forth in appendix A, division II of this
Code has been paid.
(3) A management entity shall be subject to the jurisdiction of the Commissioner
in the same manner as a licensee. If there is a violation on the premises, the
management entity and the licensee shall be jointly and severally responsible for
all consequences of such a violation.
(4) An underlying Village liquor license must previously have been obtained for
the premises.
SECTION D:
Section 13.209 of the Mount Prospect Municipal Code, "USE OF VIDEO GAMING
TERMINAL REVENUE FUNDS," is hereby added in its entirety as follows:
All funds received by the Village under this ordinance shall be restricted to a separate liability
account to record all proceeds received from video gaming. All funds received by the Village under
this ordinance shall be recorded on the Village's financials as "Committed" reserves. Use of these
reserves is constrained by the following limitations: a) reserved until such a time that they may be
used to pay down Village callable bonds, or b) to purchase same on the open market at a discounted
value, if so approved by the Village Board. The limitations remains binding until removed by action
of the Village Board..
3941121 17
SECTION E:
Chapter 23.503.1 of the Village of Mount Prospect's Municipal Code, "VIDEO GAMING
PROHIBITED," is hereby repealed and replaced with the following:
23.503.1: VIDEO GAMING PROHIBITED; EXCEPTIONS
Video gaming, as that term is defined in the Illinois Video Gaming Act, 230 ILCS 40/1 et seq., is
prohibited in the Village of Mount Prospect, except as expressly authorized pursuant to Sections
13.204 and 13.204.1. Video gaming is prohibited in truck stop establishments as defined by the
Illinois Video Gaming Act. Further, Video Gaming Cafes as defined in Section 13.101 shall not
be qualified to obtain any existing classification of Mount Prospect Liquor Licenses and are
prohibited from becoming a Licensed Video Gaming Location within the Village. Further, no such
license allowing Video Gaming Cafes shall be created, maintained or authorized by Sections
13.204 and 13.204.1.
SECTION F:
Appendix A, Division Il, Section 13.201 of the Mount Prospect Municipal Code,
"LICENSE REQUIRED," is hereby amended to read in its entirety as follows:
A. Fees for classifications:
wP'
1. Package licenses,_.. �.:.....
Class P-1 $2,200.00
Class P-2$2,200.00
_Class P-3.......... $1,925.00
Class P-4 . $1,650
Class P-5 $2,200.00
2. Food Service Licenses (F):
Class F-1
$2,200.00
.........
Class F -1-V
$2,200.00 _....m_
Class F-2
$1,650 00 ........ ._
_._
Class F -2-V
$1 ,650 00 w..
.........
Cl......_W......._m....
ass F-3
__-......._..
$2,750.00 _.m...._ ._.. ..... .............
Class F -3-V$2,750.00
........... ._._._.............._.�...��
Class F-4 �_....._
$750.00 � .__. a..........._._.
.........._
Class F -4-V
�
$750.00
Class F-5
$2,200.00
Class F-6
$2,500.00 ...�..........._.�,, ........_......_
Class F-7
$750.00
Class F-8
$3,000.00
3941121 18
Class F-8 V $3,000 00
3. Specialty Licenses (S):
Class S-1
$2,750.00
Class S-2
$2,750.00
Class S -2-V$2,750.00
Class S-4
._...�.�.�.�.�.�.�........._�
.
�.�.� ........ —
_ ,650.00
...�.a
...........................................�.�.�.�.�.�........�..........�
Class S-
,..
$3 ,000.00
Class.s._6.............
..
$250.00 _. m.....____.....—...
Class S-7
$11100.00
Class S-8
$1,500.00
Class S-9
$2,750.00
4. Video Gaming Terminal Fee
Any establishment operating pursuant to a License which allows for and authorizes Video Gaming
must pay an annual fee to the Village in the amount of $1000.00 per video gaming terminal
operated in the establishment. Failure to pay said fee will result in the suspension of the
establishment's License.
SECTION F:
Those sections, paragraphs and provisions of Chapter 13, "ALCOHOLIC LIQUORS," and
Chapter 23, "OFFENSES AND MISCELLANEOUS REGULATIONS" of the Mount Prospect
Municipal Code which are not expressly amended or repealed by this Ordinance are hereby re-
enacted; and it is expressly declared to be the intention of this Ordinance not to repeal or amend
any portion of the Mount Prospect Municipal Code other than those provisions expressly amended
or repealed in Sections A, B, C, D, E, and F of this Ordinance.
SECTION G:
This Ordinance shall be in full force and effect from and after its passage and approval in
the manner provided by law.
ADOPTED this 21 dy day of August, 2018, pursuant to a roll call vote as follows:
AYES: Grossi,Hatzis,Saccotelli,Zadel
NAYS: Hoefert Rogers.
ABSENT: None
APPROVED by me this 21St day of August, 2018, and attested to by the Village Clerk this same
day.
3941121 19
Mayor
ATTEST:
Village Clerk
394112.1 20