HomeMy WebLinkAboutOrd 5562 05/16/2006
ORDINANCE NO. 5562
AN ORDINANCE AMENDING CHAPTER 13 "ALCOHOLIC LIQUOR"
OF THE VILLAGE CODE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS
Passed and approved by
the President and Board of Trustees
the 16th day of May, 2006
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois,
the 1 ih day of May, 2006
ORDINANCE NO. 5562
AN ORDINANCE AMENDING CHAPTER 13, "ALCOHOLIC LIQUOR" OF THE
VILLAGE CODE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK
COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE
POWERS:
SECTION 1: Chapter 13 entitled "Alcoholic Liquor" of the Village of Mount
Prospect Village Code, as amended, is amended further by deleting paragraph D
in Section 13.117 "Restrictions on Premises" in its entirety and inserting a new
paragraph D, which shall be read as follows:
D. Notwithstanding provisions of Chapter 14 or Section 9.115 of
this Code, it shall be unlawful for any licensee to serve or permit the
consumption of alcoholic beverages in any outdoor area when any portion
of the area is located within three hundred feet (300') of any residential
zoning district in the Village, except as follows:
(1) Any licensee that commenced the conduct of business in
an outdoor area within three hundred feet (300') of a
residential zoning district prior to January 1, 1989, may
continue to operate the outside service area;
(2) The Local Liquor Control Commissioner may grant a
special permit for the delivery of alcoholic beverages in
an outdoor service area subject to the following:
(a) The outdoor service area is on public or private
property, owned or leased by the licensee, and
immediately adjacent to the licensed premises;
(b) The applicant shall send notice by regular mail to
all residential property addresses within 300 feet
of the licensed premises. The notice shall inform
such addressee of the licensee's intent to secure a
special permit 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.
(c) The Local Liquor Control Commissioner has
determined that the outdoor service area will not
have a detrimental effect on the neighborhood in
which the premises is located;
(d) The Local Liquor Control Commissioner may place
such conditions on the outdoor service area as
she or he may deem appropriate;
(e) such a special permit may be revoked at any time
if the Local Liquor Control Commissioner
reasonably believes that the operation of the
outdoor area is detrimental to the neighborhood in
which it is located and upon such revocation, the
Licensee may not reapply for a permit for a period
of twelve (12) months following the date of
revocation;
(f) such a special permit shall be available only to the
holder of a Class R, Class S or Class W liquor
license;
(g) alcoholic beverages may be served in the outdoor
area only with the purchase of food;
(h) such a permit may be granted only upon receipt by
the Local Liquor Control Commissioner and
approval by the Village Attorney of a statement
signed by the licensee acknowledging and
accepting the terms of the special permit; and
(i) such a special permit is not transferable and if
there is any change in the ownership of the
premises, whether by the addition of a new
shareholder, partner or limited partner, a new
special permit must be obtained by the licensee.
SECTION 2: All Ordinances or parts of Ordinances in conflict herewith
are hereby repealed.
SECTION 3: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in pamphlet form in the manner provided
bylaw.
AYES: Corcoran, Korn, Lohrstorfer, Skowron, Zadel
NAYS: None
ABSENT: Wilks
iJ:~iS 16th day of May, 2006.
Paul Wm. Ho fert
Mayor Pro Tem
ATTEST:
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M. Lisa Angell (
Village Clerk