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HomeMy WebLinkAbout4.3 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, ILLINOIS" (Moved from the Consent Agenda to Mayor's Report - 7/7/2026)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, ILLINOIS" Meeting Fiscal Impact (Y/N) Dollar Amount Budget Source Category Type Information July 7, 2026 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD CONSENT AGENDA Action Item The Village Code currently requires a business seeking a Video Gaming License to hold a liquor license and to have operated in good standing within the Village for a minimum of one year before becoming eligible for a gaming license. While this requirement was intended to ensure that businesses establish a positive operating history prior to receiving gaming authorization, it has created challenges for new business owners and for existing business owners seeking to sell their establishments. In addition, the Village has received a request from Two Eagles Distillery to manufacture vermouth. During review of this request, staff identified that the current S-8 liquor license classification does not expressly authorize wine production, despite the Village's practice of creating specialized liquor license classifications as industry needs arise. Discussion Under the current code, a new owner who acquires an existing restaurant or tavern with video gaming operations must wait one year before becoming eligible for a Video Gaming License. This requirement can result in a disruption of gaming operations and the associated revenue stream. As a result, sellers may be unable to fully account for gaming revenue when establishing the value of their business, and purchasers may face operational and financial challenges during their first year of ownership. To address these concerns, staff is requesting Board discussion regarding a potential amendment to the Village Code that would allow any applicant who qualifies for a liquor license to apply for a Video Gaming License concurrently. The Village Board would retain its existing authority to review and approve both liquor and gaming licenses. The proposed amendment would simply eliminate the requirement that a business operate in good standing for one year before becoming eligible for a gaming license. S-8 Liquor License Classification Staff is proposing an amendment to the S-8 liquor license classification to expressly include wine producers. This change would accommodate Two Eagles Distillery's request to manufacture vermouth and would align the code with current industry practices. The omission of wine production from the S-8 classification appears to be a result of the Village's historical practice of creating boutique liquor license classifications as specific needs and opportunities arise. Alternatives 1. Approve an ordinance amending Chapter 13 of the Village Code. 2. Action at the discretion of the Village Board. Staff Recommendation Staff recommends that the Village Board pass an ordinance amending Chapter 13 of the Village Code regarding Video Gaming License eligibility requirements and an amendment to the S-8 liquor license classification to include wine production. Attachments 1. Clean Ordinance removing one-year requirement for video gaming license(2138767.1) (002) 2. Red line Ordinance removing one-year requirement for video gaming license(2138767.1) 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 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 as follows: The establishment must be in good standing with the Village. To be in "good standing" the licensee shall: 1. Owe no sums of money to the Village at the time of application; 2. Have held a consumption on the premises liquor license; 3. Have had no legal violations causing a suspension of its liquor or business license prior to its application for the license; and 4. 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. Section 2: Section 8 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 as follows: Craft Brewery, Distillery, or Winery License: Class S-8, for the manufacture and delivery of beer, distilled spirits, or wine for on and off premises consumption by a craft brewery, distillery, or winery and for guided tours of its facility. Restrictions specific to a Class S-8 premises: a. Must comply with all laws and regulations of the State of Illinois as may apply to craft brewers, distillers, or winemakers. b. Samplings maybe conducted only pursuant to a Village sampling endorsement (subsection E1 of this section). 2138767_1 c. Hours of sale shall be the same as a P-package license. d. Retail sales are allowed as follows- (1) On -Premises Consumption: (A) Not more than fifty-two (52) ounces of beer, six (6) ounces of distilled spirits, or twelve (12) ounces of wine may be served to any customer in one day, and each serving shall be limited to sixteen ounces of beer, er two (2) ounces of distilled spirits, or four (4) ounces of wine. (B)At a minimum, must provide limited food service such as cheese, crackers, snack food, or other similar deli -style items to customers who are consuming craft beer, distilled spirits, or wine. (2) Growlers, Howlers, and Crowlers (A) May be filled only with beer manufactured on the premises; and (B) Shall be filled and sanitized according to all applicable laws and regulations; and (C)Shall be sealed with a tamperproof seal; and (D)May be sold for off -premises consumption only. (3) Package Goods: Beer, distilled spirits or wine manufactured on the premises and packaged according to Illinois law may be sold at retail from the licensed premises. e. Tours of brewing, distilling, orwinemaking facilities maybe offered during hours that the premises are open for retail sales. f. A Class S-8 craft brewery, distillery or winemaking license shall authorize craft brewery, craft distillery or craft winemaking operations at a licensed facility. g. Videogaming as defined under the Illinois Video Gaming Act, 230 Illinois Compiled Statutes 40/1 et seq., shall not be allowed in a Class S-8 licensed premises. h. A Class S-8 craft brewery, distillery, or winemaking licensee may apply for a taproom certification that will require payment of an additional fee, see Appendix II, and allow for the consumption of all alcoholic beverages, including spirits and wine. 2138767_1 ADOPTED this 7t" day of July, 2026, pursuant to a roll call vote as follows- AYES- NAYS- ABSENT - APPROVED by me this 7t" day of July 2026, and attested to by the Village Clerk this same day. Mayor Paul Wm. Hoefert ATTEST: Karen Agoranos, Village Clerk 2138767_1 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 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 as follows: The establishment must be in good standing with the Village pp'^pp n i a^a g T h ea ra ra es I° emf eserrenrlca°arve' Re� � d n +him Gh . To be in "good standing" the licensee shall: 1. Owe no sums of money to the Village at the time of application; 2. Have held a consumption on the premises liquor license; seem n °n. eratiG i �rs�lesr +ham+ Ilr+esr-ern frmr r-erm Inco +h r-s w w r a-rr r- vraxsrca�r-crr aarw r-sr aaa-t ���e��w,, r a-�.r�resar-r a�u��cr aaa�r a n+hr at +hes +Irrvn W f °tit ir+es , and A✓7-d-C f"B— C�eT.r�e%�F� 'fie 4.✓ 34-. Have had no legal violations causing a suspension of its liquor or business license in_4he4we1ve4-1-2)4nonths prior to its application for the license; and 4. 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. r hea reg Ire mews+c r-rw-r-cc.�crrrwa � r�r asu° r+ec +ha+ +hea ea ore5r rn�ri �Irn�vnrs+ Ic rera+ rsearescc raxt -sr rw w ,rw-s.�r�-cc.�crrr-ca � r�r a�r�r apt r rw�ew uf,.r Section 2: Section 8 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 as follows: 2138767_1 Craft Brewery, Or Distillery Or Winery License: Class S-8, for the manufacture and delivery of beer, er distilled spirits or wine for on and off premises consumption by a craft brewery, or distillery or winery and for guided tours of its facility. Restrictions specific to a Class S-8 premises: a. Must comply with all laws and regulations of the State of Illinois as may apply to craft brewers, or distillers or winemakers. b. Samplings maybe conducted only pursuant to a Village sampling endorsement (subsection E1 of this section). c. Hours of sale shall be the same as a P-package license. d. Retail sales are allowed as follows- (1) On -Premises Consumption: (A) Not more than fifty-two (52) ounces of beer, or six (6) ounces of distilled spirits or twelve (12) ounces of wine may be served to any customer in one day and each serving shall be limited to sixteen ounces of beer, two (2) ounces of distilled spirits, or four 4 ounces of wine. (B)At a minimum, must provide limited food service such as cheese, crackers, snack food, or other similar deli -style items to customers who are consuming craft beer, distilled spirits, or wine. (2) Growlers, Howlers, and Crowlers (A) May be filled only with beer manufactured on the premises; and (B) Shall be filled and sanitized according to all applicable laws and regulations; and (C)Shall be sealed with a tamperproof seal; and (D)May be sold for off premises consumption only. (3) Package Goods: Beer, or distilled spirits or wine manufactured on the premises and packaged according to Illinois law may be sold at retail from the licensed premises. e. Tours of brewing, or distilling or winemakinq facility maybe offered during hours that the premises is open for retail sales. 2138767_1 f. A Class S-8 craft brewery, Gr distillery or winemakinq license shall authorize craft brewery, Gr craft distillery or craft winemakinq operations at a licensed facility. . g. Videogaming as defined under the Illinois Video Gaming Act, 230 Illinois Compiled Statutes 40/1 et seq., shall not be allowed in a Class S-8 licensed premises. h. A Class S-8 craft brewery, Gr distillery or winemakinq licensee may apply for a taproom certification that will require payment of an additional fee, See Appendix II, and allow for the consumption of all alcoholic beverages, including spirits and wine. ADOPTED this 7t" day of July 2026, pursuant to a roll call vote as follows- AYES- NAYS- ABSENT - APPROVED by me this 7th day of July, 2026, and attested to by the Village Clerk this same day. Mayor Paul Wm. Hoefert ATTEST: Karen Agoranos, Village Clerk 2138767_1