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HomeMy WebLinkAbout8.1 1st reading of AN ORDINANCE AMENDING CHAPTER 13 "ALCOHOLIC LIQUORS" OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOISMr�GauC �'d'+rt;�iect "ALCOHOLICSubject Ist reading of AN ORDINANCE AMENDING CHAPTER 13 • • OF VILLAGE CODE OF •PROSPECT, ILLINOIS Meeting February 1, 2022 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - Fiscal Impact Dollar Amount Budget Source Category NEW BUSINESS Type Action Item F.-YINTIff-MOITUL "i A comprehensive revision of Chapter 13 of the municipal code entitled "Alcoholic Liquors" was last performed in 2015. Staff is proposing updates to Chapter 13 to address many of the recent legislative changes to the State Liquor Code due to the COVID-19 pandemic. The current liquor code also fails to adequately address requests presented by the business community and consumers. The code is in need of new, innovated ideas, which will help grow businesses and address today's ever-changing consumer spending habits. Cocktails to Go: In the summer of 20201 Illinois, along with other states, authorized a temporary measure that allowed on -premise establishments to sell mixed drinks or "cocktails to go". Then Mayor Arlene Juracek recognized the financial strain of restaurants, due to COVID-19 mitigations, and allowed for the temporary delivery of alcoholic beverages or a bottle of wine. As of July 1, 2021 and pursuant to 235 ILCS 5/5-1 (d) of the Illinois Liquor Control Act, only license holders with combined on/off premises consumption may sell alcoholic liquor ""to go" and for delivery. Currently Mount Prospect Liquor Code allows Class (F) Food 1 service licenses for on -premise consumption only. The proposed ordinance amends the Village Code for Class F-1, F -1V, F-2 F -2V, F-3, F -3V, F-4, F-8 and F - 8V to allow consumption of alcoholic beverages for both on and off premise. The delivery of mixed drinks "Cocktails to Go" will be allowed pursuant to Illinois Liquor Code Act 2351LCS5/6-28.8 guidelines that include: • Use of a new rigid container sealed with a secure cap sold by the establishment. • A label with the name of mixed drink, cocktail ingredients with volume and date sealed. • Mixed drinks/cocktails packaged by manufacturer in the original container shall contain a label with retail licensee name and address. • Delivery by third party companies is not permitted. Growlers to Go: Public Act 101-0517, effective August 2019, allows on -premise retailers to fill growlers. An on -premise licensee may transfer beer to a growler for sale up to 128 fluid ounces. Pursuant to Illinois Public Act 101-0517 specific requirements for cleaning, filling and sealing of these growlers must be maintained. These include: • Growlers can only be filled at time of sale • Must be labeled with brand and type of product • Net contents labeled with date of fill • Name and address of licensee that cleaned and sanitized growler on label Retail Delivery of Alcohol: Effective January 1, 2022, Public Act 101-0668 allows for a retailer to deliver alcohol to a consumer by transporting alcoholic liquor in the original product package in the retailers parking lot, curbside or delivering directly to the consumer. Mount Prospect liquor license holders of a Class P-1, P-2 P-3 and P-4 will now be able to deliver alcohol to consumers. Retailer's delivery of alcohol will be allowed pursuant to Illinois Liquor Code Act 2351LCS5/6-37 guidelines. Code changes include: • All packages containing alcoholic liquor must be clearly labeled "Contains Alcohol". • Alcoholic liquor must be delivered by an individual at least twenty-one (21) years or older. Signature of a person 21 years of age or older is required for receiving a delivery along with proof of age and identity. 2 • Deliveries are prohibited between the hours of eleven o'clock (11:00) p.m. and nine o'clock (9:00) a.m. • Payments may not be accepted, nor orders placed, at the delivery location. • A record shall be kept by both the carrier and the licensee indicating the purchaser's name, age, driver's license/state identification number, time, date and place of delivery and the individual deliveries identity. • Any violation of these regulations shall result in a fine of not less than $1000 per occurrence Video Gaming Amendments: In 2020, the Illinois Gaming Board restricted what goods and services a terminal operator can provide to the gaming licensee as an incentive or inducement. These guidelines found in 230 ILCS40/65 of the IGB Code, now allows for annual terminal fees, imposed by a home rule municipality to be shared equally between the terminal operator and the applicable licensed establishment. Mount Prospect Village Liquor Code needs to be updated to allow annual terminal license fees to be shared between the terminal operator and licensee so as not to burden the establishment with the total renewal. Additional Video Gaming license "F -6-V: In 2018, the Village Board passed Video Gaming in Mount Prospect for restaurants only. Recently, the Village was approached by its two Golf Course "Class F-6" liquor licenses, regarding the opportunity to have video gaming in their Club House restaurant facilities. Since both Park Districts are liquor license holders, per State guidelines they qualify to have gaming terminals. Allowing the Park District restaurants to have gaming will provide much needed revenue to these entities as well as offer recreational gaming to patrons of the Club House restaurant. Compliance with all current guidelines of location, visibility, sound and alarm requirements of the Mount Prospect Village Code would need to maintain by the licensee. Additional Certifications: Tap Room: Defined as an area of a gourmet beverage shop where beer or wine can be delivered for consumption. A taproom is centered around engaging conversation while discussing the culture and new flavors of beer or wine. Snacks provided by licensee must be available at all times. This certification is available to a Class ""S-4" license only with an additional annual fee of $1,000.00 KI Wine & Beer Service: A new and upcoming trend in grocery shopping is "sip & shop". This concept is attracting customers to enjoy a drink and relax as they do their shopping. Mariano's, Whole Foods and Target offer this concept regionally. On -premise consumption is limited to 24 oz. of beer and 10 oz. of wine. Retailers in Chicago, Des Plaines, Schaumburg and Northbrook have this concept. This certification is available to grocery stores that hold a Class P-2, P-3, P-4 license only with an additional annual fee of $1,000.00. Alternatives 1. Approve the attached draft ordinance 2. Action at the discretion of the Village Board Staff and the Village Attorney recommends the Village Board approve the ordinance as presented and update Chapter 13 accordingly, thus aligning with the current State Liquor Code. The ordinance also implements additional business license certifications to optimize and meet current consumer's requests. ATTACHMENTS: Updated Final version of draft Chapter 13 Ordinance_.pdf 4 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 13, "ALCOHOLIC LIQUORS," OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS: Section 1: Section 13.101, "Words and Phrases," Article I, "Definitions," of Chapter13, "Alcoholic Liquors," of the Mount Prospect Village Code shall be amended as follows: BANQUET FACILITY: A food service facility whose primary business is the hosting ofrip vate parties, celebrations and events which are attended by specific invitees of a specific host as opposed to advertised or publicized "drop in" or reservation dining by the general public. Banquet facilities shall not be used by entities that bring prepared food and alcoholic beverages into the facility for an event. GOURMET BEVERAGE SHOP: An entity that sells alcoholic beverages for off - premises consumption and that may serve wine and beer to its customers on the premises if snacks provided by the licensee are available. Section 2: Section 13.204, "Classifications," Subsection A(1), "Package Licenses (P)," of Article II, "Licensing for Regulated Service," of Chapter 13, "Alcoholic Liquors," of the Mount Prospect Village Code shall be amended by deleting Class P-5, "Home delivery license" and adding Class F -6-V, "Park District/Golf curse license, video gaming." Section 3: Section 13.204, "Classifications," Subsection C, "License Endorsements," of Article II, "Licensing for Regulated Service," of Chapter 13, "Alcoholic Liquors," of the Mount Prospect Village Code shall be amended to add: 6. Wine or beer bar service. 1 5 Section 4: Section 13.204.1, "Descriptions and Restrictions," Subsection A(1)(a) of Article II, "Licensing for Regulated Service," of Chapter 13, "Alcoholic Liquors," of the Mount Prospect Village Code shall be amended to read as follows: a. Consumption and/or allowing consumption on the premises where sold is prohibited, unless the licensee purchases an additional endorsement. Section 5: Section 13.204.1, "Descriptions and Restrictions," Subsection A(1)(e), "Home Delivery License," of Article II, Licensing for Regulated Service," of Chapter 13, "Alcoholic Liquors," of the Mount Prospect Village Code shall be deleted in its entirety. Section 6: Section 13.204.1, "Descriptions and Restrictions," Subsection B(2)(a) of Article II, "Licensing for Regulated Service," of Chapter 13, "Alcoholic Liquors," of the Mount Prospect Village Code shall be amended to read as follows: (1) Consumption or allowing the consumption of alcoholic beverages is permitted both on and off the premises. (42) Consumption or allowing of consumption of alcoholic beverages at a restaurant at any place other than dining tables is specifically prohibited. (23) Service of alcoholic beverages shall be limited to those patrons dining in the restaurant, except that the restaurant may sell mixed drinks and cocktails to go pursuant to the requirements and regulations set forth in Public Act 101-0008. Additionally, Class F-1 licensees shall be permitted to fill growlers and crowlers pursuant to the requirements and regulations set forth in Public Act 101-0517. Section 7: Section 13.204.1, "Descriptions and Restrictions," Subsection B(2)(a-1) of Article II, "Licensing for Regulated Service," of Chapter 13, "Alcoholic Liquors," of the Mount Prospect Village Code shall be amended to read as follows: (1) Consumption or allowing the consumption of alcoholic beverages is permitted both on and off the premises. 2 6 (42) Consumption or allowing of consumption of alcoholic beverages at a restaurant at any place other than dining tables is specifically prohibited. (23) Service of alcoholic beverages shall be limited to those patrons dining in the restaurant, except that the restaurant may sell mixed drinks and cocktails to go pursuant to the requirements and regulations set forth in Public Act 101-0008. Additionally, Class F -1-V licensees shall be permitted to fill growlers and crowlers pursuant to the requirements and regulations set forth in Public Act 101-0517. (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 Illinois Compiled Statutes 40/1 et seq., and shall comply with all provisions of the Illinois Gaming Act and all rules, regulations and restrictions imposed by the Illinois Gaming Board. Section 8: Section 13.204.1, "Descriptions and Restrictions," Subsection B(2)(b) of Article II, "Licensing for Regulated Service," of Chapter 13, "Alcoholic Liquors," of the Mount Prospect Village Code shall be amended to read as follows: (1) Consumption or allowing the consumption of alcoholic beverages both on and off the premises is permitted. (2) Consumption or allowing consumption of alcoholic beverages at a restaurant at any place other than dining tables is specifically prohibited. (23) Service of alcoholic beverages shall be limited to those patrons dining in the restaurant, except the restaurant may sell mixed drinks and cocktails to ao pursuant to the reauirements and reaulations set forth in Public Act 101-0008. Additionally, Class F-2 licensees shall be permitted to fill prowlers and crowlers pursuant to the requirements and regulations set forth in Public Act 101-0517. (3A) Video gaming as defined under the Illinois Video Gaming Act 230 Illinois Compiled Statutes 40/1 et seq., shall not be allowed in a Class F-2 licensed premises. Section 9: Section 13.204.1, "Descriptions and Restrictions," Subsection B(2)(b-1) of Article II, "Licensing for Regulated Service," of Chapter 13, "Alcoholic Liquors," of the Mount Prospect Village Code shall be amended to read as follows: 3 7 Consumption or allowing the consumption of alcoholic beverages both on and off the premises is permitted. J42) Consumption or allowing the consumption of alcoholic beverages at a restaurant at any place other than dining tables is specifically prohibited. (23) Service of alcoholic beverages shall be limited to those patrons dining in the restaurant, except the restaurant may sell mixed drinks and cocktails to go pursuant to the requirements and regulations set forth in Public Act 101-0008. Additionally, Class F -2-V licensees shall be permitted to fill growlers and crowlers pursuant to the requirements and regulations set forth in Public Act 101-0517. (34) 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 Illinois Compiled Statutes 40/1 et seq., and shall comply with all provisions of the Illinois Gaming Act and all rules, regulations and restrictions imposed by the Illinois Gaming Board. Section 10: Section 13.204.1, "Descriptions and Restrictions," Subsection B(2)(c) of Article II, "Licensing for Regulated Service," of Chapter 13, "Alcoholic Liquors," of the Mount Prospect Village Code shall be amended to read as follows: Consumption or allowing the consumption of alcoholic beverages both on and off the premises is permitted. Class F-3 licensees may sell mixed drinks and cocktails to go pursuant to the requirements and regulations set forth in Public Act 101-0008. Additionally, Class F-3 licensees shall be permitted to fill growlers and crowlers pursuant to the requirements and regulations set forth in Public Act 101-0517. (43) Alcoholic beverages delivered in the restaurant portion of the premises shall be limited to those patrons dining in the restaurant. (24) Alcoholic beverages may be served in the lounge portion of the premises with or without the service of food. (35) The total lounge area shall be no more than fifty percent (50%) of the floor area of the premises. (46) Video gaming as defined under the Illinois Video Gaming Act 230 Illinois Compiled Statutes 40/1 et seq., shall not be allowed in a Class F-3 licensed premises. :l 0 Section 11: Section 13.204.1, "Descriptions and Restrictions," Subsection B(2)(c-1) of Article II, "Licensing for Regulated Service," of Chapter 13, "Alcoholic Liquors," of the Mount Prospect Village Code shall be amended to read as follows: (1) Consumption or allowing the consumption of alcoholic beverages both on and off the premises is permitted. (2) Class F -3-V licensees may sell mixed drinks and cocktails to go pursuant to the requirements and regulations set forth in Public Act 101- 0008. Additionally, Class F-3 licensees shall be permitted to fill growlers and crowlers pursuant to the requirements and regulations set forth in Public Act 101-0517. (43) Alcoholic beverages delivered in the restaurant portion of the premises shall be limited to those patrons dining in the restaurant. (24) Alcoholic beverages may be served in the lounge portion of the premises with or without the service of food. (35) The total lounge area shall be no more than fifty percent (50%) of the floor area of the premises. (46) 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 Illinois Compiled Statutes 40/1 et seq., and shall comply with all provisions of the Illinois Gaming Act and all rules, regulations and restrictions imposed by the Illinois Gaming Board. Section 12: Section 13.204.1, "Descriptions and Restrictions," Subsection B(2)(d) of Article II, "Licensing for Regulated Service," of Chapter 13, "Alcoholic Liquors," of the Mount Prospect Village Code shall be amended to read as follows: (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., except the private club may sell mixed drinks and cocktails to ao pursuant to the requirements and regulations set forth in Public Act 101- 0008. Additionally, Class F-4 licensees shall be permitted to fill growlers and crowlers pursuant to the requirements and regulations set forth in Public Act 101-0517. 5 0 (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 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 Illinois Compiled Statutes 40/1 et seq., shall not be allowed in a Class F-4 licensed premises. Section 13: Section 13.204.1, "Descriptions and Restrictions, " Subsection B(2)(d-1) of Article II, "Licensing for Regulated Service," of Chapter 13, "Alcoholic Liquors," of the Mount Prospect Village Code shall be amended to read as follows: (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, except the private club may sell mixed drinks and cocktails to go pursuant to the requirements and regulations set forth in Public Act 101-0008. Additionally, Class F -4-V licensees shall be permitted to fill prowlers and crowlers pursuant to the requirements and regulations set forth in Public Act 101- 0517. (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 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 I. 10 board of directors or other governing body out of the general revenue of the private club. Section 14: Section 13.204.1, "Descriptions and Restrictions," Subsection B(2)(e) of Article II, "Licensing for Regulated Service," of Chapter 13, "Alcoholic Liquors," of the Mount Prospect Village Code shall be amended to read as follows: (3) Class F-5 licensees shall not rent or lease their banquet facility on a short-term basis (e.g. a single evening or weekend) to entities that bring to the facility alcohol and /or food for the purpose of hosting events intended to be open to the public, as opposed to private events with quests invited specifically to the event, except for events allowed by the Illinois Charitable Games Act ("Act"), 230 ILCS 30/1- et seq. Class F-5 licensees shall file proof of full compliance with the Act with the Liquor Control Commissioners for events held consistent with the Act. Video gaming as defined under the Illinois Video Gaming Act, 230 Illinois Compiled Statutes 40/1 et seq., shall not be allowed in a Class F-5 licensed premises. Section 15: Section 13.204.1, "Descriptions and Restrictions," Subsection B(2)(h)(1) of Article II, "Licensing for Regulated Service," of Chapter 13, "Alcoholic Liquors," of the Mount Prospect Village Code shall be amended to read as follows: (1) All regulations applicable to a Class F-3 license shall apply to a Class F- 8 license, including subsections B(2)(c)(1) and B(2)(c)(2). Section 16: Section 13.204.1, "Descriptions and Restrictions," Subsection B(2)(h-1)(1) of Article II, "Licensing for Regulated Service," of Chapter 13, "Alcoholic Liquors," of the Mount Prospect Village Code shall be amended to read as follows: (1) All regulations applicable to a Class F -3-V license shall apply to a Class F -8-V license, including subsections B(2)(c-1)(1) and B(2)(c-2)(2). Section 17: Section 13.204.1, "Descriptions and Restrictions," Subsection C(4) of Article II, "Licensing for Regulated Service," of Chapter 13, "Alcoholic Liquors," of the Mount Prospect Village Code shall be amended to add the following: 11 Class S-4 licensees shall be permitted to fill growlers and crowlers pursuant to the requirements and regulations set forth in Public Act 101- 0517. Section 18: Section 13.204.1, "Descriptions and Restrictions," Subsection C(8) of Article II, "Licensing for Regulated Service," of Chapter 13, "Alcoholic Liquors," of the Mount Prospect Village Code shall be amended to add the following: (2) Growlers., And Howlers And Crowlers: Section 19: Section 13.204.1, "Descriptions and Restrictions," Subsection A(2)(a) of Article II, "Licensing for Regulated Service," of Chapter 13, "Alcoholic Liquors," of the Mount Prospect Village Code shall be amended to read as follows: (1) Under no circumstances shall there be no more than five (5) Class P-1 general package licenses outstanding at any time. (2) A Class P-1 licensee may deliver to any address within the Village which does not hold a valid license. All applicable state guidelines must be followed, including: a. All packages containing alcoholic liquor must be clearly labeled "CONTAINS ALCOHOL. SIGNATURE OF A PERSON 21 YEARS OF AGE OR OLDER REQUIRED FOR DELIVERY. PROOF OF AGE AND IDENTITY MUST BE SHOWN BEFORE DELIVERY." This warning must be prominently displayed on the packages. b. Alcoholic liquor must be delivered by an individual at least twenty- one (21) years old or older: C. Deliveries are prohibited between the hours of eleven o"clock (11:00) p.m. and nine o'clock (9:00)a.m.: d. Payments may not be accepted, nor orders placed, at the delivery location: e. A record shall be kept by both the carrier and the licensee indicating the purchaser's name, address, age, driver's license/state identification number, time, date and place of delivery and the individual deliver's identitv: 12 f. All deliveries must follow state guidelines set forth in Public Act 101-668: and g_ Any violation of these regulations shall result in a fine of not less than $1000 per occurrence. (3) The license may not be issued for a premises whose primary business is the sale of groceries or other products. Section 20: Section 13.204.1, "Descriptions and Restrictions," Subsection A(2)(b) of Article II, "Licensing for Regulated Service," of Chapter 13, "Alcoholic Liquors," of the Mount Prospect Village Code shall be amended to read as follows: (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. (3) A Class P-2 licensee may deliver alcoholic liquor to any address within the Village which does not hold a valid license. All applicable state guidelines must be followed, including_ a. All packages containing alholic liquor must be clearly labeled "CONTAINS ALCOHOL. SIGNATURE OF A PERSON 21 YEARS OF AGE OR OLDER REQUIRED FOR DELIVERY. PROOF OF AGE AND IDENTITY MUST BE SHOWN BEFORE DELIVERY." This warning must be prominently displayed on the packages. b. Alcoholic liquor must be delivered by an individual at least twenty- one (21) years old or older; C. Deliveries are prohibited between the hours of eleven o"clock (11:00) p.m. and nine o'clock (9:00) a.m.; d. Payments may not be accepted, nor orders placed, at the delivery location; e. A record shall be kept by both the carrier and the licensee indicating the purchaser's name, address, age, driver's license/state identification number, time, date and place of delivery and the individual deliver's identity; E 13 f. All deliveries must follow state guidelines set forth in Public Act 101-668: and g_ Any violation of these regulations shall result in a fine of not less than $1000 per occurrence. (4) Glasses or flights of wine or beer may be served on the licensed premises under the followina conditions: a. No more than ten (10) ounces of wine or twenty-four (24) ounces of beer may be served to anv individual durina anv day. b. 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 twelve (12) ounces. Section 21: Section 13.204.1, "Descriptions and Restrictions," Subsection A(2)(c) of Article II, "Licensing for Regulated Service," of Chapter 13, "Alcoholic Liquors," of the Mount Prospect Village Code shall be amended to read as follows: (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. (2) A Class P-3 licensee may deliver alcoholic liquor to any address within the Village which does not hold a valid license. All applicable state guidelines must be followed, including: a. All packages containing alholic liquor must be clearly labeled "CONTAINS ALCOHOL. SIGNATURE OF A PERSON 21 YEARS OF AGE OR OLDER REQUIRED FOR DELIVERY. PROOF OF AGE AND IDENTITY MUST BE SHOWN BEFORE DELIVERY." This warning must be prominently displayed on the packages. b. Alcoholic liquor must be delivered by an individual at least twenty- one (21) years old or older; C. Deliveries are prohibited between the hours of eleven o"clock (11:00) D.M. and nine o'clock (9:00) a.m.; d. Payments may not be accepted, nor orders placed, at the delivery location; so 14 e. A record shall be kept by both the carrier and the licensee indicating the purchaser's name, address, age, driver's license/state identification number, time, date and place of delivery and the individual deliver's identity f. All deliveries must follow state guidelines set forth in Public Act 101-668: and % Any violation of these regulations shall result in a fine of not less than $1000 per occurrence. (3) Glasses or flights of wine or beer may be served on the licensed premises under the following conditions: a. No more than ten (10) ounces of wine or twenty-four (24) ounces of beer may be served to any individual during any day. b. 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 twelve (12) ounces. Section 22: Section 13.204.1, "Descriptions and Restrictions," Subsection A(2)(d) of Article II, "Licensing for Regulated Service," of Chapter 13, "Alcoholic Liquors," of the Mount Prospect Village Code shall be amended to read as follows: (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. (2) A Class P-4 licensee may deliver alcoholic liquor to any address within the Villaae which does not hold a valid license subiect to the followina: a. All packages containing alcoholic liquor must be clearly labeled "CONTAINS ALCOHOL. SIGNATURE OF A PERSON 21 YEARS OF AGE OR OLDER REQUIRED FOR DELIVERY. PROOF OF AGE AND IDENTITY MUST BE SHOWN BEFORE DELIVERY." This warning must be prominently displayed on the packages. b. Alcoholic liquor must be delivered by an individual at least twenty-one (21) years old or older; 11 15 c. Deliveries are prohibited between the hours of eleven o"clock (11:00 p.m. and nine o'clock (9:00) a.m.; d. Payments may not be accepted, nor orders placed, at the delivery location: e. A record shall be kept by both the carrier and the licensee indicating the purchaser's name, address, age, driver's license/state identification number, time, date and place of delivery and the individual deliver's identity; f. All deliveries must follow state guidelines set forth in Public Act 101- 668; and g. Any violation of these regulations shall result in a fine of not less than $1000 per occurrence. Section 23: Section 13.204.1, "Descriptions and Restrictions," Subsection A(2)(e) of Article II, "Licensing for Regulated Service," of Chapter 13, "Alcoholic Liquors," of the Mount Prospect Village Code shall be deleted entirely: Section 24: Section 13.209, "Use of Video Gaming Terminal Revenue Funds," of Article II, "Licensing for Regulated Service," of Chapter 13, "Alcoholic Liquors," of the Mount Prospect Village Code shall be amended to read as follows: All received by the Village under Classes F -1-V, F -2-V, F -3-V, F -4-V, F -8-V, and S -2-V shall be restricted to a separate liability account to record all proceeds received from video gaming. All funds received by the Village under Classes F -1-V, F- 2 -V, F -3-V, F -4-V, F -8-V, and S -2-V 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 12 approved by the Village Board. The limitations remain binding until removed by action of the Village Board. (Ord. 6401, 8-21-2018). The annual fee of $1.000 per terminal may be split between the operator of a video gaming terminal and the establishment wherein the terminal is located. Section 25: Section 13.204.1, "Descriptions and Restrictions," Subsection C(4) of Article II, "Licensing for Regulated Service," of Chapter 13, "Alcoholic Liquors," of the Mount Prospect Village Code shall be amended to read 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) HE)Fsd'oeuVFes Snacks provided by the licensee must be available for consumption with the wine or beer. (2) No more than ten (10) ounces of wine or twenty-four (24) 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 twelve (12) ounces. d. A Class S-4 gourmet beverage shop licensee may apply for a taproom certification that will require payment of an additional annual fee. See Appendix II. Section 26: Section 13.204.1, "Descriptions and Restrictions," Subsection F(1) of Article II, "Licensing for Regulated Service," of Chapter 13, "Alcoholic Liquors," of the Mount Prospect Village Code shall be amended to add: C. Taproom certification allowing for a gourmet beverage shop to serve wine or beer so Iona that snacks are arovided by the licensee. and 13 17 d. Wine and beer service certifications are available to grocery stores that hold a P-2, P-3 and P-4 license, and that shall be governed by the applicable rules set forth by the Village Code. Section 27: Appendix A, Division II, "Fees, Rates and Taxes," Section 13.201, "License Required," Subsection 4, Video Gaming Terminal Fee," of Chapter 13, "Alcoholic Liquors," of the Mount Prospect Village Code shall be amended to read as follows: 4. 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 gaming terminal operated in the establishment. Said annual fee shall be shared equally between the terminal operator and the applicable licensed establishment. Failure to pay said fee will result in the suspension of the establishment's license." Section 28: Appendix A, Division II, "Fees, Rates and Taxes," Section 13.204.1, "Descriptions and Regulations," Subsection F, "Certifications," of chapter 13, "Alcoholic Liquors," of the Mount Prospect Village Code shall be amended to add: C. Wine and beer service: $1000.00 14 18 ADOPTED this _ day of 2022, pursuant to a roll call vote as follows: AYES: NAYS: ABSENT: APPROVED by me this _ day of 2022, and attested to by the Village Clerk this same day. ATTEST: Karen Agoranos, Village Clerk 15 Mayor Paul Wm. Hoefert 19 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CLERK'S CERTIFICATE I, Karen Agoranos, Clerk of the Village of Mount Prospect, in the County of Cook and State of Illinois, certify that the annexed and foregoing is a true and correct copy of that certain Ordinance now on file in my Office, entitled: ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 13, "ALCOHOLIC LIQUORS," OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS 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 '2022 at which meeting a quorum was present, and approved by the President of the Village of Mount Prospect on the _ day of , 2022. 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 12022. Karen Agoranos, Village Clerk [SEAL] 16 20