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HomeMy WebLinkAbout6.5 Motion to waive the rule requiring two readings of an ordinance and adopt AN ORDINANCE AMENDING CHAPTER 13 (ALCOHOLIC LIQUORS) OF THE VILLAGE CODE OF MOUNT PROSPECT.M+awn �'xytlts=e Item Cover Page Subject Motion to waive the rule requiring two readings of an ordinance and adopt AN ORDINANCE AMENDING CHAPTER 13 (ALCOHOLIC LIQUORS) OF THE VILLAGE CODE OF MOUNT PROSPECT. This ordinance decreases the number of Class "F-3" Liquor Licenses by one (1) PAP'S CAFE LTD d/b/a PAP'S ULTIMATE BAR & GRILL and increases the number of "F -3-V" licenses by One (1) PAP'S CAFE LTD d/b/a PAP'S ULTIMATE BAR & GRILL located at 1904 ELMHURST ROAD, Mount Prospect, IL. Meeting November 7, 2023 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD Fiscal Impact (Y/N) Dollar Amount Budget Source Category CONSENT AGENDA Type Action Item Information Mr. Job Joseph has submitted a completed application for a Class 7-3-V" video gaming license. He is seeking a gaming license to close the sale with the Pappas Brothers. All six (6) terminals currently located in the restaurant will remain along with the same terminal operator. Final documentation of the sale along with terminal fees will need to be submitted before the license is issued. Discussion Alternatives 1. Approve an ordinance decreasing the number of Class "F-3" liquor licenses by one (1) and increasing the number of 7-3-V" licenses by (1) one. 2. Action at the discretion of the Village Board. Staff Recommendation Staff recommends approval of an ordinance creating a new Class 7-3-V" license for PAP'S ULTIMATE BAR & GRILL. Attachments Pap's Ultimate Bar & Grill new video gaming Pap's 2023 video gaming application ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 13 OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That in accordance with Subsection A of Section 13.108 of Chapter 13 of the Village Code of Mount Prospect, as amended, the Corporate Authorities shall determine the number of Liquor Licenses available in each Classification and shall establish a list specifying the number of Liquor Licenses authorized. Said list is hereby amended decreasing the number of Class "F-3" liquor licenses by one (1) PAPS CAFE LTDd/b/a PAPS ULTIMATE BAR & GRILL and increasing the number of Class T-34" y one (1) PAPS CAFE LTDd/b/a PAPS ULTIMATE BAR & GRILL located at 1904 Elmhurst Road, Dunt Prospect, IL. Said list is as follows: Five (5) Class P-1 License Nine (9) Class P-2 License One (1) Class P-3 License Zero (0) Class P-4 License Zero (0) Class P-5 License Ten (10) Class F-1 License Two (2) Class F -1-V License Seven (7) Class F-2 License Six (6) Class F -2-V License Fifteen (15) Class F-3 License Eleven (11) Class F -3-V License One (1) Class F -4-V License Three (3) Class F-5 License Two (2) Class F-6 License One (1) Class F-7 License One (1) Class F-8 License One (1) Class S-1 License Two (2) Class S-2 License Zero (0) Class S-31-icense Zero (0) Class S-41-icense One (1) Class S-5 License Two (2) Class S-6 License One (1) Class S-7 License One(1) Class S-8 License Zero (0) Class S-9(with conditions as Attached to License) SECTION TWO: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of Mayor ATTEST: Village Clerk 2023. Class Establishment Number P-1 Cardinal Wine & Spirits; D&H Liquors; Jay Liquors; Jenny's Liquors; Mount Prospect Liquors & Tobacco; 5 P-2 Caputo's Fresh Market; Costco; Fiesta Market; KD Market; Osco Drug Store; 9 CVS Pharmacy; Walgreens #00209 (Kensington); Walgreens #05107(Elmhurst); Wal-Mart #1681 P-3 Aldi; 1 P-4 0 F-1 Chungkiwa Restaurant; Chung Wa 827; Honey Biscuit; Izakaya Sankyu; LePeep 10 Cafe; Los Arcos; MI Restaurant; Mr. Kimchi Korean BBQ; New Pusan Restaurant; Pueblo Viejo; F -1-V La Presa; Salerno's Pizzeria and Eatery 2 F-2 Buona; E -Sushi; Misoya Chicago; MOD Pizza; Sakae Restaurant; Trilokah 7 Wingsnob F -2-V Avanti Cafe and Sandwich Bar; Jelly Cafe; Heffy Hot Dogs; Mr. Beef & Pizza; 6 Rosati's Pizza; Tortas Locas F-3 Balkan Taste; BlackFinn —Randhurst Grille; Big Fish's Icehouse; Buffalo Wild Wings 15 Grill and Bar; Fellini Restaurant & Pizzeria; Hacienda EI Sombrero; Lady Dahlia Tequila Bar; Langostino's; Mia's Cantina; Mr. Kimchi Korean BBQ; Outback Steakhouse; Summertime; Tavern on Elmhurst; Texas Road House; Trezero's; F -3-V Canta Napoli; Draft Picks; Emerson's; Jameson's Charhouse; Moretti's; 11 Mrs. P & Me; Pap's Ultimate Bar & Grill; Salsa Street; Station 34; The Red Barn Pap's Ultimate Bar & Grill F -4-V Prospect Moose Lodge 1 F-5 Emerald Banquets; Olive Palace; Victoria in the Park 3 F-6 Mt. Prospect Park District -Golf Course; Prospect Heights Park District 2 F-7 Dave's Specialty Foods 1 F-8 Salerno's Pizzeria & Eatery& Whiskey Hill Brewing & Kitchen 1 S-1 Hampton Inn & Suites 1 S-2 Bowlero; Golf Factory 2 S-3 0 S-4 0 S-5 AMC Randhurst 12 1 S-6 Amethyst Skye; Lumi Studio & Shoppe 2 S-7 Northern Fork 1 S-8 Two Eagles Distillery 1 82 VILLAGE OF MOUNT PROSPE VIDEO GAMING ENe APPLICATION INSTRUCTIONS I ANSWERS MUST BE ACCURATE AND COMPLETE. FURNISHING INCORRECT OR MISLEADING INFORMATION SHALL BE CAUSE FOR LICENSE REVOCATION. IT IS YOUR SOLE RESPONSIBILITY TO ASCERTAIN THE VERACITY OF YOUR RESPONSE. A CLAIM THAT ANSWERS WERE GIVEN TO THE BEST OF THE ANSWERER'S KNOWLEDGE WILL NOT BE CONSIDERED A DEFENSE TO REVOCATION. A current, valid Business License is required. Business license number: 180703185 0 A current Liquor License is required. Liquor License number: No. LL12-003298 Copy of signed agreement with Licensed Terminal Operator, _..__.... A copy of State Gaming license including all documentation issued by the State of Illinois and the Illinois Gamine Board evidencing the valid and current licensure of all video gaming terminals must be attached. Video Gaming should be located in a segregated area that is restricted to persons 21 years of age or older. T; 0 the extent possible, no lighting or sound from the gaming machines shall be visible or audible outside th( segregated area. Please note that any alterations to the building will Tgulre, a building permit and additional Ins tlont 171 A three hundred dollar ($300.00) non-refundable application fee. A one thousand dollar ($1000.00) non-refundable annual permit fee for each Video Gaming Terminal ai , rl prescribed by Appendix A of the Village of Mount Prospect Municipal Code. The annual fee will coincide with th( renewal of liquor license each ear. Terminal numbers must be included In this application, A final building permit inspection is required by the Village- for any permitted work. In addition, before any video gaming device is approved for operation to the public, a final inspection of the installed device(s) by the Village Managers office is required to approve the gaming license. Please note all applications must have Village Board approval. The Village Board meets the first and third Tuesday of each month. ANSWERS MUST BE ACCURATE AND COMPLETE. FURNISHING INCORRECT OR MISLEADING INFORMATION SHALL BE CAUSE FOR LICENSE REVOCATION. IT IS YOUR SOLE RESPONSIBILITY TO ASCERTAIN THE VERACITY OF YOUR RESPONSE. A CLAIM THAT ANSWERS WERE GIVEN TO THE BEST OF THE ANSWERER'S KNOWLEDGE WILL NOT BE CONSIDERED A DEFENSE TO REVOCATION. Name: _ a .___,... Business Name Business Address: Business Phone:, Business Web site: Business Name: Sales Re�rw ntative:w.. Phoneme Y4 Business Address iY ��r� %/L1 _............._ . r .w....,. Business Phone: Business Web Site: 1,11 E - l APPLICATION DATE Cell Ph Cell e P /Z.. 5-6, Number of gaming terminals to be operated: Serial number for machines: y ____.._ __�. ........_......... . ff 4, �-.� 5 ' Does applicant business have or will have a security alarm? Note a buildin ermit is te:.tr to install a security alarm Name... IT alarm com aar y ) " / 't "?t? ' . a L ✓ _.__w.......� . __.Ma_... Does applicant business maintain a surveillance camera on video gaming machines: Note surveillance camera should be high resolution and must maintain 30 "'" Ye s E' S ` of video retention State of Illinois) County of Cook) SS The undersigned swear (or affirm) that the person or business entity, including its owners, officers and directors in whose name this application is being made will not violate any of the ordinances of the Village of Mount Prospect or Laws of the State of Illinois or of the United States of America in the conduct of the place of business described her( and that the statements contained in this application are true and correct to the best of our knowledge and belief, _intentional misrepresentation submitted mar be cause of denial of the license) SUi SCRiBED and s orn to Sefr,>r 3 mr ibis �f1 day e Ofticial Seal KENNETH BUCE Notary Public, State of Illinois Commission No. 975323 (Notary Seal) My Commission Expires July 21, 2027 AIbtENltltll:l'S" 1"TO A(,itIMI°:Cw1rMr THIS AMiNf}MI N N (`"AntctLdon rctrc "°) to that certain Video Claming Terminal Use Agreement (the November 21, 2021 (the `"1 I e fur c 3 tc`"), entered into on this" -i "'day of October, 2023, is made by and between rrnnoas t..i+, LLC �zr ing asc nal O_ such term and Pap's l c s Care, cLLtd ("I stdtll�� lttttg,rl °"), Any capitalized term used but not defined herein shall ha,, mean RECITAL: Terminal Operator and Establishment desire to amcnd the Term of the Agreement and have agreed to enter into (his Arncn, to memorialize such agreement. AGREEMENT: NOW, THEREFORE, in consideration ofthe agreements fwcrein and for other goodand valuable consideration. the rt t ci sufficiency of which are hereby acknowledged, Terminal Operator and Establishment hereby agree as follows: 1. .k1�nt t tgtit lwtf A er�aent. The Agreement shall be, and it hereby is, amended by deleting .`Ccl iop _3, and rep, licinl a new acticapt as follows: "Term. This Agreement commenced on the Effective Date and remains in effect for a term of eight (fi) , car:, following the date hereof (the "Term"). During the Term, Establishment hereby acknowledges and to promptly notify Terminal Operator in writing if it is either presented with, or enters into, an aerectnet;t with respect to the placement of VGTs on the Premises with any party other than Terminal Operator a d to provide Terminal Operator a copy of such agreement. Establishment agrees to notify Terminal Op,,r::ior in, writing at least sixty (60) days prior to the expiration of the Term if it intends not to extend the Agrec-morlt. For the avoidance of doubt, Terminal Operator and Establishment acknowledge and agree that in no even i shall the Term of this Agreement exceedeight (8) years at any given time. This agreement shall auloma.tic; j1l; terminate in the event Terminal Operator surrenders its license or if Terminal Operator's License is ds.t:ied, revoked or not renewed pursuant to a final order of the IGR and the Video Gaming Law. Notiviihstandin- the foregoing, Terminal Operator reserves the right to terminate this Agreement immediately if such termination is required for any reason by the Illinois Gaming Board (the "IGB")." 2. Miscellaneous- The parties acknowledge that this Amendment and the Agreement are subject to and conlin-cra uP; . IGB's review of, and to the extent required by the IGB, consent to the use of this Amendment. To that end, the parties, agree to this Amendment to the IGR with any licensing application or licensing renewal and to cooperate with each other in obi*iinin11 Liz. consent, if required. The parties agree to modify or amend this Amendment to comply with the requirements of the Y'L) Or .trig` in the Act or the rules and regulations promulgated thereunder. This Amendment may be executed in any number of co unto rjm by the different parties hereto on separate counterparts, each of which when so executed and delivered shall be an ori<,inal. bw which shall together constitute one and the same instrument. This Amendment shall be binding upon and inure to the kenc7lis different parties hereto and their successors and assigns. In the event that any provision of this Amendment is deemed to he 'H:1 - reason of the operation of law, or by reason of the interpretation placed thereon by any court, this Amendment shall he constru,,!<' containing such provision and the invalidity of such provision shall not affect the validity of any other provision hereof: and aw, other provisions hereof which otherwise are lawful and valid shall remain in full force and effect. The Agreement and this :lrtrdrs.; constitute the entire understanding of the parties with respect to the subject matter hereofand may be modified only by an writing signed by the other parry. Upon the execution and of activeness of this Amendment, the Agreement shall be deemed an- „ as set forth in this Amendment, The terms and provisions of the Agreementnot specifically modified hereby shall retrain in ii,.� and effect and such other provisions shall not be construed to have been modified, waived, discharged or othcRvise ;:Itcscca Amendment. The terms and provisions of the Agreement are incorporated herein by reference as if fully stated herein. In th, t .. terms of this Amendment conflict with the terms of the Agreement, then the terms of this Amendment shall control. This Am,:: shall be governed and controlled by the laws of the State of Illinois. IN WITNESS WHEREOF, the parties`have executed this Amendment as of the date first above written, TERMINAL +Girl ERA I"+t B Printed Name: tsl 0c, 211 4 1t Its: Part(ies) soliciting tl}is Amendment on behalf ofTerrninal Operator:. �1�/el" LICENSED 1 B " FNS "s Printed Name, Its: