HomeMy WebLinkAboutOrd 6603 02/01/2022 Amending Chapter 13, "Alcohlic Liquors," of the village code of Mount Prospect, ILORDINANCE NO. 6603
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 of private parties, celebrations and events which are attended by specific
invitees of a specific host as opposed to advertised or pqblicized "drop in" or
reservation dining by the general public. Ban uet 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 -
remises consumption and that may serve wine and beer to its customers on the
remises 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 ll, "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.
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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 ourchases an additional
en orsement.
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 exce t that the restaurant mav sell mixed drinks and
cocktails to go pursuant to the re uirements and regulations set forth in
Public Act 101-0008. Additional) Class F-1 licensees shall be ermitted
to fill arowlers and crowlers pursuant to the re uirements 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 allowina the consumption of alcoholic beverages is
ermitted both on and off the Dremises,
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(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 exce t that the restaurant may sell mixed drinks and
cocktails to go pursuant to the requirements and regulations set forth in
Public Act 101-0003. Additionall Class F -1-V licensees shall be
permitted to fill qrowlers 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 ma sell mixed drinks and cocktails
to go pursuant to the re uirements and regulations set forth in Public Act
101-0003, Additionally,Class F-2 licensees shall be permitted to fill
growlers and crowlers pursuant to the re uirements and regulations set
forth in Public Act 101-0517,
(3441 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:
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Consum tion or allowin the consum tion of alcoholic bevera es both on
and off the Dremises is ermitted.
f4Q Consumption or allowing the consumption of alcoholic beverages at a
restaurant at any place other than dining tables is specifically prohibited.
(231 Service of alcoholic beverages shall be limited to those patrons dining in
the restaurant exce t the restaurant ma sell mixed drinks and cocktails
to Qo ursuant to the re uirements and regulations set forth in Public Act
101-0008. Additionall Class F -2-V licensees shall be ermitted to fill
rowlers and crowlers mrsuant to the re uirements and re ulations 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,
(2) Class F-3 licensees may sell mixed drinks and cocktails to go pursuant to
the re uirements 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.
(34) 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.
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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) Consum tion or allowing the consumption of alcoholic beverages both on
and off the premises is ermitked.
(2) Class F -3-V licensees may sell mixed drinks and cocktails to go pursuant
to the re uirements 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 re uirements 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.,�c t the
private club may sell mixed drinks and cocktails to go pursuant to the
re uirements 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 re uirements and regulations set forth in Public
Act 101-0517.
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(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 pLivate
club mav sell mixed drinks and cocktails to go pursuant to the re uirements
and regulations set forth in Public Act 101-0008, Additionally, Class F -4-V
licensees shall be ermitted to fill growlers and crowlers pursuant to the,
re uirements 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
C.
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 facilitv on a short-
term basis (e.g. a single evening or weekend to entities that brin to the
facilitv alcohol and /or food for the ourpose of hosting events intended to
be open to the public, as opposed to private events with uests invited
specifically to the event except for events allowed by the Illinois
Charitable Games Act("Act"), 230 ILCS 30/1- et sea, Class F-5 licensees
shall file Proof of full com liance with the Act with the Li uor 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 1:: 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 130(c)(1) and B 2c 2.
Section 18: 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:
Class S-4 licensees shall be ermitted to fill yowlers and crowlers
pursuan# to the re uirements and re ulations 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 Growlers:
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 Villa a which
does not hold a valid license. All applicable state guidelines must be
followed includin :
a. All gackaaes containina 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 dis laved on the packages.
b. Alcoholic liquor must be delivered by an individual at least twenty-
one 21 ears old or older
C. Deliveries are prohibited between the hours of eleven o"clock
11:00 .m. and eight o'clock 8:00 a.m.•
• Pavments mav not •r -• nor • w. • delivery
o „ s
e. A record shall be kept by both the carrier and the licensee indicatin
the urchaser's name address age, driver's license/state
identification number, time date and olace of delivery and the
individual deliver's identit
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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 packaq,es containing alcohol 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 twent -
one 21 ears old or older°
C. Deliveries are prohibited between the hours of eleven o"clock
11:00 .m. and eight o'clock 3:00 a.m.;
d. Payments may not be accepted, nor orders placed, at the delive
loci
e. A record shall be ke t by both the carrier and the licensee indicating
thepurchaser's name address a e driver's license/state
identification number, time date and place of deliveN and the
individual deliver's identitC
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f. All deliveries must follow state ouidelines set forth in Public Act
101-003° and
Any violation of these re ulations shall result in a fine of not less
than $1000 oer occurrence.
(4) Glasses or fli hts of wine or beer mav be served on the licensed premises
under the following conditions:
a. No more than ten 10 ounces of wine or twen -four 24 ounces
of beer mav be served to anv individual during an da ,
b. Each alass or fli ht of wine may contain no more th n five
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 alcohol li uor 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 li uor must be delivered bv an individual at least twenty-
one 21 ears old or older°
C. Deliveries are prohibited between the hours of eleven o"clock
11:00 .m. and eight o'clock 3:00 a.m.-,
d. Payments may not be accepted, nor orders placed, at th@ deliyen�
• •
e. A record shall be kept by both the carrier and the licensee indicatin
thepurchaser's name address age, driver's license/state
identification number, time date and olace of delive and the
individual deliver's identit
f. All deliveries must follow state quidelines 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) Glasses or flights of wine or beer may be served on the licensed premises
under the fallowin-q conditions:
b. Each alass or fli ht of wine may contain no more than five 6
ounces and each glass or fli ht 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 Village which does not hold a valid license subject to the following:
a. All packages containing alcoholic li uor 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 -on
21 ears old or older;
c. Deliveries are prohibited between the hours of eleven o"cigglk (I 1;QO),
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d Payments may notM IN • IM *' M r
locatiow,
e. A record shall be ke t b both the carrier and the licensee indicatin
thepurchaser' s name address a e driver"s license/state
identification number time date and olace of delive and the;
individual deliver's identit
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:
IMMIN ;- * T " I M, 1 -1
!i=
-- a�
WS Rel
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 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
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the o erator of a video gaming terminal and the establishment wherein the terminal is
located.
Section 26:: 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) Hws4s 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.
• . Class S-4 gourmet beverage shop licensee may applyfor • ••
certification that will reQUire payment of an additional annual fee. See
Apoendix
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 fora gourmet beverage shop to serve wine
or beer so lonq that snacks are provided by the licensee,
and
d. Wine and beer service certifications are available to roce 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.
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Section 2. Appendix A, Division 11, "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 egually between the terminal o erator
and the goolicable licensed establishment. Failure to pay said fee will
result in the suspension of the establishment's license."
Section 2: Appendix A, Division 11, "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
ADOPTED this 1St day of February, 2022, pursuant to a roll call vote as follows:
AYES: Filippone, Gens, Matuszak, Pissarreck, Rogers, Saccotelli
NAYS: None
ABSENT: None
APPROVED by me this 1St day of February, 2022, and attested to by the Village Clerk
this same day.
Mayor Pa I Hoefert
ATTEST:
ren Agoranos, Village Clerk
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