Loading...
HomeMy WebLinkAboutOrd 5732 04/08/2009 ORDINANCE NO. 5732 AN ORDINANCE AMENDING CHAPTERS 8,13,18, AND 23 OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS Passed and approved by the President and Board of Trustees the 8th day of April, 2009 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 9th day of April, 2009. ORDINANCE NO. 5732 AN ORDINANCE AMENDING CHAPTERS 8,13,18 and 23 OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION 1: Section 8.901, entitled "Definitions," of Chapter 8, entitled "Food and Beverage Tax," shall be amended by deleting definitions "Alcoholic Liquor" and "Alcoholic Liquor Facility" in their entirety and the following definitions inserted to be and read as follows: ALCOHOLIC LIQUOR: Alcoholic beverage or liquor as defined in Chapter 13 of this code. ALCOHOLIC LIQUOR FACILITY: Any establishment licensed under the provisions of Chapter 13 of this code. SECTION 2: Subsection 13.204.1. D.2. b. iv, entitled "Promotion Permit" of Chapter 13, entitled "Alcoholic Liquors" shall be deleted in its entirety and reinserted in its entirety as a new subsection 13.204.1.D.2.a.v to be and read as follows: v. Promotion Permit. A permit allowing a retail establishment to serve alcoholic beverages at a promotional event. Regulations Specific to a Temporary Promotion Permit. (a) The promotion may be held at only one location within the Village. (b) Each day of the promotion shall require a permit. (c) Permits shall not be issued for more than three (3) consecutive days. (d) All alcoholic beverage service and consumption must take place within the area specified in the Permit. (e) There may be no charge of any kind for the alcoholic beverage. (f ) No more than two such promotions at a particular premises shall be eligible for such a permit in anyone year period. SECTION 3: Subsection 13.204.1.D.2.b.i., entitled "Permits Requiring an Existing Mount Prospect License," shall be deleted in its entirety and the following subsection inserted to be and read as follows: iManage 179917 I i. Mount Prospect Caterer's Permit: A permit for the service of alcoholic beverages, at an otherwise unlicensed premises, by a Mount Prospect Class F or Class S-3 Licensee. Regulations speCific to a Mount Prospect Caterer's Permit: (a) The caterer may serve alcoholic beverages only at events to which specific persons (not the general public) have been previously invited or at a Village sponsored event. (b) A Mount Prospect Caterer's Permit may be purchased on an annual or daily basis. (c) The permit shall be subject to such other conditions as may be established by the Commissioner. SECTION 4: Paragraph B. of Section 18.502 entitled "Transportation of Alcoholic Liquor; Penalty" of Chapter 18, entitled "Traffic," shall be deleted in its entirety and a new Paragraph B inserted to be and read as follows: B. Except as provided in Section 13.410 of this code, no driver may carry any alcoholic liquor within the passenger area of any motor vehicle within the Village except in the original container and with the seal unbroken. SECTION 5: Paragraph F of Section 18.1813 entitled "Vehicle Seizure and Impoundment" of Chapter 18 entitled "Traffic," shall be deleted in its entirety and a new paragraph F inserted to be and read as follows: F. This section shall not replace or otherwise abrogate any existing state or federal laws or local ordinances pertaining to vehicle seizure and impoundment including, but not limited to, those set forth in section 13.504. SECTION 6: The first sentence of the first paragraph of Section 23.602, entitled "Enhanced Penalties for Violating School or Park Safe Zones," of Chapter 23, entitled "Offenses and Miscellaneous Regulations," shall be deleted and the following new first sentence inserted to be and read as follows: Any person who violates, within two hundred feet (200') of any public, private or parochial school or any public park, including any private property designated and used as a public park (safe zones), Chapter 13, Article V, entitled "Regulations with Respect to Underage Persons,"; section 23.109, "Firearms or Facsimile Weapons," of this chapter; section 23.603, "Possession and Purchase by Minors Prohibited," section 23.604, " Curfew," section 23.606, "Possession "Firearms Regulation with Respect to Schools and Minors," section 23.607, "Vandalism," section 23.608, "Loitering for the Purpose of Causing Street Gang Activity or Recruitment is Prohibited," section 23.609, "Loitering for the Purpose of Illegally Using, Possessing or Selling or Buying Cannabis or Controlled Substances is Prohibited," and section 23.612, "Maintaining Public Nuisances," of this article; or any portion of the Illinois substances abuse act, Illinois cannabis control act or the Illinois criminal code shall in addition to any other penalties be required to perform not less than fifty (50) hours of community service, and if not a iManage 179917 I student at the school the person shall be prohibited from entering the school for a period of two (2) years. SECTION 7: Section 23.613, entitled "Regulations Governing Use of Alcoholic Beverages by and Delivery to Underage Persons," of Chapter 23, entitled "Offenses and Miscellaneous Regulations," shall be deleted in its entirety and the following Section 23.613 inserted to be and read as follows: The regulations governing the use of alcoholic beverages by and delivery to underage persons as set forth in Chapter 13, Article V of this code are incorporated by reference into this article as though fully set forth. SECTION 8: Paragraph H of Section 23.1403 entitled "Nuisance" of Chapter 23 entitled "Offenses and Miscellaneous Regulations," shall be amended by deleting the phrase 13.121, "Entertainment" and the following phrase inserted to be and read as follows: 13.404, "Entertainment" SECTION 9: 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: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 8th day of April, 2009 6~httf~ lr<Jana K. Wilks Mayor ATTEST: ~~~~ Village Clerk H:\CLKO\WIN\ORDINANCE2\MP Ord Amd Ch 8,13,14, 18 Appendix A - Housekeepingapril2009.DOC iManage 179917 I