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Home My WebLink About6.4 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 �'xyt�lts�=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. Meeting July 9, 2024 - /COMMITTEE OF THE WHOLE OF THE MOUNT PROSPECT VILLAGE BOARD Fiscal Impact (Y/N) Dollar Amount Budget Source Category CONSENT AGENDA Type Action Item Information The Village Board approved Video Gaming in the Village of Mount Prospect in September 2018. Section 13.204.1(b) of the Village Code explicitly prohibits video gaming cafes as defined. Recently, there has been an increase in fast food establishments, with small square footage, seeking a Class 7-1" license (which allows for the sale of wine and beer only) to install a maximum of six gaming terminals. Staff proposes to revise Chapter 13 of the Village Code to set the number of gaming terminals allowed based on the square footage of the dining area in an establishment to address the concerns of potential video gaming cafes. In addition to the square footage requirement, the amendment proposes language requiring the owner to have at least one year of experience operating or managing a restaurant. In February 2023, the Class "S-2", Bowling Alley license was revised to accommodate The Golf Factory. A new request has been made by another recreational facility, Picklr, seeking a liquor license. Staff is proposing to change the name of the Class "S-2" classification to a Commercial Recreational Facility license to accommodate this new request and establish a framework for future requests. This license will now address the needs of the recent request from the Picklr. However, any future Commercial Recreational Facility business models not already approved will require a code amendment due to how the classification is defined in the proposed revision. This will provide the Village Board an opportunity to review each of these unique uses on a case by case basis. Discussion Alternatives 1. Adopt amendments to Chapter 13 of the Village Code "Alcoholic Liquors" 2. Action at the Discretion of the Village Board Staff Recommendation Staff and the Village Attorney recommend the Village Board to approve the ordinance as presented and update Chapter 13 accordingly. Attachments Chapter 13 Ordinance update July 2024 DRAFT DRAFT DRAFT 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," of Article I, "Definitions," of Chapter 13, "Alcoholic Liquors," of the Mount Prospect Village Code shall be amended to add a definition of "Dining Area" as: "DINING AREA: The area of a restaurant, excluding seasonal outdoor space, where patrons consume purchased food and drink. A "dining area" does not include the food preparation area, bathrooms, hallways, waiting areas, foyers, or any other area that is part of the facility where purchased food and drink are not intended to be consumed." Section 2: Subsection J, of Section 13.204.1, "Descriptions and Restrictions," of Article II, "Licensing For Regulated Service," of Chapter 13, "Alcoholic LIQUORS," of the Mount Prospect Village Code shall be amended to add: J. The establishment be in good standing with the Village for no less than one year prior to its application for a license which allows video gaming. The one-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, and has at least one year of experience operating or managing a Restaurant as defined in this Chapter. To be in "good standing" the licensee shall: 1. Owe no sums of money to the Village at the time of its application; 2. Have held a consumption on the premises liquor license; 3. 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; 576211_1 4. 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 5. 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. 6. The Liquor Commissioner shall have the authority to waive the requirements in subsection J3 of this section upon a petition by the applicant that demonstrates that the one year requirement is not necessary. Section 3: Subsection E, of Section 13.204.1, "Descriptions and Restrictions," 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: E. Video gaming shall be located in a segregated area that is restricted to persons twenty one (21) years of age or older; applicants shall submit a floor plan clearly indicating the proposed location of all video gaming terminals and Automatic Teller Machines (ATM) and the type of screening to be utilized to segregate the area and video gaming terminals and any ATMs, provided however, that such screening shall not obstruct the view of the video gaming floor 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. The following additional conditions will apply: 1. The total segregated video gaming floor area shall be no more than three hundred (300) square feet or twenty-five percent (25%) of the restaurant dining area of the premises, whichever is less. 2. The restaurant's full service food menu must be available at all times video gaminq takes place. Section 4: Subsection 2, "Bowling Alley/Golf Gallery License," of Subsection C, "Specialty Licenses," 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: 576211_1 2 BE)WliRg nlley/Gelf Galle Commercial Recreation Facility: Class S-2, for service of alcoholic beverages ata bewliRg alley facility primarily operated for commercial recreation entertainment. "Commercial Recreation Facility," shall mean "a recreation facility operated principally as a bowling alley, a golf simulator ,ac la lery or a pickle ball court(s)." Regulations specific to a Class S-2 licensed premises: a. The premises mast operate as a bGwlinn alley with full bGwlinn fnnilities nr as a golf gallon, fnnilit" The licensed premises operates principally as a commercial recreation facility, i.e., a bowling alley, golf simulator facility or a pickleball facility. b. The lounge area may shall consist of no more than 25% of the floor total floor area. C. Food service must be available to patrons at all times when alcoholic beverages are served. d. Sys Alcoholic beverages may not be sold, delivered or served by the bottle: rather, sale of single servings of alcoholic beverages permitted for patrons that shall be consumed only on the premises. e. Events only have the option of purchasing wine by the bottle and can be consumed only within the event space. No alcohol shall be brought into a commercial recreational facility from off-site. ADOPTED this day of , 2024, pursuant to a roll call vote as follows: AYES: NAYS: ABSENT: APPROVED by me this Clerk this same day. 576211_1 day of , 2024, and attested to by the Village Mayor Paul Wm. Hoefert ATTEST: Karen Agoranos, Village Clerk 576211_1