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HomeMy WebLinkAbout5. Old Business 02/01/2011IL Mount P"pc Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: MAYOR IRVANA WILKS BOARD OF TRUSTEES FROM: MICHAEL E. JANONIS DATE: JANUARY 28, 2011 RE: ORDINANCE AMENDING CHAPTER 13 A comprehensive rewrite of the Mount Prospect Liquor Code (Chapter 13) was adopted by the Village Board in 2009. Since that time the new code has served the Village well with a few exceptions. Staff, in consultation with the Liquor Commissioner (Mayor), are proposing some minor changes that more fully balance the day to day operations of liquor license establishments with the need to adequately regulate same. Since initial consideration on December 21, 2010 additional drafting changes and new sections have been added, including the creation of a new license classification to cover the proposed AMC theater operation at Randhurst. Attached is a draft ordinance with annotations that covers the proposed changes. The ordinance is presented for Board consideration. IS REVISED 1 -27 -2011 NARRATIVE NEW TO CHAPTER 13 PAGE # IN CHAPTER 13 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 13, ENTITLED "ALCOHOLIC LIQUOR ", AND APPENDIX A, DIVISION II, 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, PURSUANT TO ITS HOME RULE POWERS: SECTION 1: Section 13.101, "Words and Phrases ", of Article I, Purpose and Definitions, of Chapter 13 of the Mount Prospect Village Code shall be amended by inserting the following definitions alphabetically: Alcohol Wristband: An indicia of eligibility (worn on the wrist of a movie theater patron) to be served an alcoholic beverage by an S -5 (movie theater) licensee. Pages 1 -3 These three new definitions are needed to accommodate the new S -5 (Movie Theater) License. Movie Theater. Any building to which the public is invited and pays consideration for the purpose of viewing motion pictures. Movie Theater Auditorium: That portion (or those portions) of a movie theater where patrons are seated for the actual viewing of motion pictures. REVISED 1 -27 -2011 NARRATIVE NEW TO CHAPTER 13 PAGE # IN CHAPTER 13 SECTION 2: Paragraph (C) of Section 13.202 entitled "Application for a Local Liquor License" of Chapter 13 entitled "Alcoholic Liquors" of the Mount Prospect Village Code shall be amended by deleting paragraph (C) in its entirety and inserting a new paragraph (C) which shall be and read as follows: C. Before a license may be issued to any applicant, background checks (which shall include the submission of fingerprints to appropriate agencies) shall be performed with respect to the key individuals owning and/ or operating the licensed business. At a minimum, the local manager or managers and the persons functioning as the chief operating officer and chief financial officer shall be subject to such background checks. An investigation will be performed to enable the Commissioner to ascertain whether the issuance of a license will comply with all applicable regulations of the Village. The Commissioner may accept the fingerprints from another jurisdiction for persons not residing or working within fifty (50) miles of the Village. A reasonable fee may be charged by the Police Department for each person required to be fingerprinted. For purposes of this paragraph (C), the Commissioner may require such documentation as he or she deems appropriate to determine who must be PAGES 6 &7 Determining the individuals who have an actual ownership interest in a proposed liquor license has become increasingly difficult as more applicants choose to organize as Limited Liability Companies. The recommended change gives the Commissioner increased flexibility in evaluating who will actually control such entities. The change also eliminates prior distinctions between closely held and publicly traded corporations. It further increases our ability to do background checks on the real parties in interest. REVISED 1 -27 -2011 NARRATIVE NEW TO CHAPTER 13 PAGE # IN CHAPTER 13 fingerprinted, and the Commissioner's decision as to fingerprinting shall be final. SECTION 3: Subsection A(3), "Specialty Licenses (S) ", of Section 13.204, "Classifications ", of Article II, Licensing and Regulated Service, of Chapter 13 of the Mount Prospect Village Code shall be amended by inserting the following phrase numerically: "Class S -5; Theater License ", the remaining Class S license to be re- numbered. SECTION 4: Paragraph B(1), entitled "Temporary", of Section 13.204, entitled "Classifications ", of Article II, "Licensing for Regulated Service ", of Chapter 13, entitled "Alcoholic Liquor ", of the Mount Prospect Village Code shall be amended by deleting subparagraph B(1) in its entirety and adding a new subparagraph B(1) to be and read as follows: B. Permits: 1. Temporary a. Those Not Requiring a Mount Prospect License: i. Civic permit ii. Library permit iii. Village permit iv. Non -Mount Prospect Caterer's permit v. Promotion permit b. Those Requiring a Mount Prospect License: Adds Class S -5 Theater License Page 9 This is not a substantive change, it merely makes this summary consistent with the provisions that later describe the actual permits. i. Mount Prospect Caterer's REVISED 1 -27 -2011 NARRATIVE NEW TO CHAPTER 13 PAGE # IN CHAPTER 13 permit ii. Daily Sampling permit iii. Outdoor entertainment permit c. Ad Hoc Permit SECTIONS: Subsection C, "Specialty Licenses ", of Section 13.204.1, "Description and Restrictions ", of Article II, Licensing and Regulated Service, of Chapter 13 of the Mount Prospect Village Code shall be amended by inserting a new Subsection C(5), "Theater License, Class S -5", the remaining subsections to be renumbered with "Class S -5" to become "Class S -6 ", to be and read as follows: 5. Movie Theater License: Class S -5, for delivery of alcoholic beverages at a movie theater. Restrictions specific to a Class S -5 license: a Service of alcoholic beverages shall be limited to a designated customer bar Service of alcoholic beverages may be made only to persons wearing a wristband approved by the Village of Mount Prospect Police Department ( "alcohol wristband "). The person dispensing alcohol wristbands shall have completed a certified alcohol awareness training course as set forth in Section 13.407(F). The alcohol wristband shall be valid only for the date on which it is obtained from the movie theater. This Delivery made may be made only at a separate bar in the lobby area. No alcoholic beverages will be available at the concession stand. The Liquor Commissioner may (in her sole discretion) require the use of wristbands as identifiers for those who wish to purchase alcohol. It is contemplated that, initially, such bands will not be required. (This was a mandatory requirement in our first draft; however, after some negotiation, we agreed that it would be discretionary with the Commissioner and would depend on our future enforcement experiences with this license.) REVISED 1 -27 -2011 NARRATIVE NEW TO CHAPTER 13 PAGE # IN CHAPTER 13 subparagraph (b) may be waived, in writing, by the Commissioner if the Commissioner is of the opinion that other procedures instituted by the Licensee provide acceptable substitute measures to assure that underage persons are not served. This waiver may be made only after a review of the written statement of practices that the applicant intends to institute. If there is such a waiver, the waiver may be withdrawn by the Commissioner at such time as the Commission makes a finding of service of alcohol to an underage person pursuant to this Chapter 13. C. r Alcoholic beverages may be consumed in the movie theater auditorium, but may not be delivered or served in any movie theater auditorium. The containers in which alcoholic beverages are served must be of a different color, size and design than those in which non - alcoholic beverages are served. Beer may be sold only in individual containers holding 16 ounces or less. All other alcoholic beverages may be sold only in individual containers holding 8 ounces or less. This limitation shall be While alcoholic beverages may be carried into the movie, there will be no sale or other delivery of alcohol in the auditoriums. Alcoholic beverage containers must be of a different color and design than non - alcoholic beverage containers. The maximum size of a beer container will be 16 oz. The maximum container size for any other alcoholic drink will be 8 oz. REVISED 1 -27 -2011 NARRATIVE NEW TO CHAPTER 13 PAGE # IN CHAPTER 13 absolute and shall apply irrespective of the L h. actual alcohol content of the beverage. No more than one (1) alcoholic beverage may be delivered to a customer in any one Only one drink may be delivered to a customer in a single trip to the bar. trip to the bar. There may be no service of alcoholic beverages unless the movie theater is actually open for the showing of movies. Under no circumstances may alcoholic beverages be served more than one hour prior to the advertised showing time of the first movie to be shown on any day. The movie theater bar may be open only when movies are being shown (opening an hour before the first movie). The lobby bar and the lounge area associated with the bar may comprise no more than 20% of the floor area outside of the auditoriums. The lobby bar shall be subject to the requirements of Section 13.405(D) of the Village Code. If the Licensee creates a separate and discreet lounge area as part of its bar and liquor service; such lounge area shall also be subject to Section 13.405(D). An employee of the licensee who has completed a certified alcohol awareness training course shall be designated to monitor compliance with alcohol laws and be on duty on the premises whenever there is service of alcoholic beverages. The bar and any potential lounge area may not comprise more than 20% of the lobby (there will be no discreet lounge initially, but they may add one in the future). The bar and any potential lounge area are subject to the age limitations already set forth in our restaurant lounge regulations There must be a designated alcohol monitor on premises anytime the bar is open. REVISED 1 -27 -2011 NARRATIVE NEW TO CHAPTER 13 PAGE # IN CHAPTER 13 k. The S -5 licensee shall be responsible if any alcohol is consumed by any minor at any location within or on the movie theater premises whether the alcohol was purchased at the movie theater or not. SECTION 6: Subparagraph (C)(4)(d) of Section 13.204.1 entitled "Descriptions and Restrictions" of Chapter 13 entitled "Alcoholic Liquor" of the Mount Prospect Village Code shall be amended by deleting subparagraph (d) in its entirety and inserting a new subparagraph (d) which shall be and read as follows: (d) A class S -4 licensee may conduct off premises wine tasting upon securing a daily sampling permit and in accord with the regulations for such permit. On premises samplings do not require a daily sampling permit, but nonetheless, must be conducted in accord with the regulations of subsection D2b(2) of this section. SECTION 7: Paragraph D, entitled "Permits; Temporary" of Section 13.204.1, entitled "Descriptions and Restrictions ", of Article II, entitled "Licensing for Regulated Service ", of Chapter 13, entitled "Alcoholic Liquor ", of the Mount Prospect Village Code shall be amended by deleting paragraph D in its entirety and Because of the unique challenges in monitoring inappropriate consumption in a movie theater, the licensee is liable for such consumption on the premises even if the alcohol is brought in from the outside. Sections 6 &12 clear up an inconsistency in our current Code. Currently Section 13204.1 D(b)(2) suggests that a daily sampling permit is needed for on -site wine sampling for an S-4 license. 13204.1 C(4)(d) states that such a permit is not needed. It is our understanding that the Board's intent was to permit on -site sampling as part of the basic S-4 license. This makes both sections consistent with that intent. Page 14 REVISED 1 -27 -2011 NARRATIVE NEW TO CHAPTER 13 PAGF. # IN C'NAPTFR 12 inserting a new paragraph D, to be and read as follows: D. Permits; Temporary: M. Regulations Applicable To All Temporary Permits: M. The commissioner may attach such conditions as are appropriate for a temporary permit. b. For temporary permits, the local liquor control commissioner, in his or her sole discretion, may accept host liability coverage as a substitute for dram shop insurance. C. Temporary permits may be issued on a daily basis only The number of days shall be within the sole discretion of the Commissioner, but in no event may permits be issued for more than five (5) consecutive days. (Except for Temporary Outdoor Entertainment Permits which are for seventy -two (72) hours.) d. No more than twelve Previously there were different limits to permits resulting in unnecessary confusion. These sections now provide for 5 consecutive day limitations for permits and a cumulative 12 day limitation to all permits Page 15 &17 (12) such permit days shall be REVISED 1 -27 -2011 NARRATIVE NEW TO CHAPTER 13 PAGE # IN CHAPTER 13 available to any one such organization during a license term. (Except for Temporary Outdoor Entertainment Permits which are limited to one seventy -two (72) hour event per year.) e. Unless otherwise stated, there shall be a daily permit fee as set forth in Appendix A, Division II of this Code. f. All other regulations of this Chapter shall apply to the permit. SECTION 8: Subparagraph D(2), entitled "Specific Temporary Permits" of Section 13.204.1, entitled "Descriptions and Restrictions ", of Article II, entitled "Licensing for Regulated Service ", of Chapter 13, entitled "Alcoholic Liquor ", of the Mount Prospect Village Code shall be amended by adding the following sentence before subparagraph (a), to be and read as follows: Temporary permits are divided into the classifications set forth below: SECTION 9: Paragraph D(2) of Section 13.204.1, entitled "Descriptions and Restrictions ", Page 15 of Article II, "Licensing for Regulated Service ", of REVISED 1 -27 -2011 NARRATIVE NEW TO CHAPTER 13 PAGE # IN CHAPTER 13 Chapter 13, entitled "Alcoholic Liquor ", of the Mount Prospect Village Code shall be amended by adding a new subparagraph (C), entitled "Ad Hoc Permits ", which new subparagraph (C) shall be and read as follows: C. Ad Hoc Temporary Permits Notwithstanding the fact that an applicant for a temporary permit does not meet the precise criteria for one of the specific temporary permit classifications set forth above, the commissioner shall have the authority to issue an Ad Hoc Temporary Permit subject to conditions similar to those applicable to the specific classifications, where the commissioner determines that such permit is in the best interests of the public. SECTION 10: Subparagraph D(2)(a)(1)(C) of Section 13.204.1, entitled "Descriptions and Restrictions ", of Article II, "Licensing for Regulated Service ", of Chapter 13, entitled "Alcoholic Liquor ", of the Mount Prospect Village Code shall be amended by deleting subparagraph D(2)(a)(1)(C) in its entirety and renumbering the following paragraphs accordingly. Section 9 creates the new temporary "Ad Hoc" permit. This allows the Commissioner to issue a temporary permit in circumstances that are not amenable to our traditional temporary permits. The circumstances where such a permit would be appropriate must be similar, but not necessarily identical, to those in which other temporary permits may be issued. Again, this gives the Commissioner the ability to honor substance over form. DELETED Page 15 REVISED 1 -27 -2011 NARRATIVE NEW TO CHAPTER 13 PAGE # IN CHAPTER 13 SECTION 11: Subparagraph D(2)(a)(5)(C) and (F) of Section 13.204.1, entitled "Descriptions and Restrictions ", of Article II, "Licensing for Regulated Service ", of Chapter 13, entitled "Alcoholic Liquor ", of the Mount Prospect Village Code shall be amended by deleting subparagraphs D(2)(a)(5)(C) and (F) in their entirety and renumbering the following paragraphs accordingly. DELETED Page 16 SECTION 12: Subparagraph D2b(2) of Section 13.204.1 entitled "Descriptions and Restrictions" of Chapter 13 entitled "Alcoholic Liquor" of the Mount Prospect Village Code shall be amended by deleting subparagraph (2) in its entirety and inserting a new subparagraph (2) which shall be and read as follows: (2) Daily Sampling Permit. A permit allowing the holder of any class P license to serve wine or beer, without charge, in small and limited amounts, for sampling purposes only and in conjunction with sales promotional efforts occurring on the licensed premises. (See subsection C4d of this section with respect to a S -4 license.) Regulations specific to a daily sampling permit: Sections 6 &12 clear up an inconsistency in our current Code. Currently Section 13204.1 D(b)(2) suggests that a daily sampling permit is needed for on -site wine sampling for an S-4 license. 13204.1 C(4)(d) states that such a permit is not needed. It is our understanding that the Board's intent was to permit on -site sampling as part of the basic S-4 license. This makes both sections consistent with that intent. Pages 14 & 16 SECTION 13: Section 13.206 entitled "License Term" of Chapter 13 entitled "Alcoholic Liquor" of the Mount Prospect Village Code shall be amended by adding the following new REVISED 1 -27 -2011 NARRATIVE NEW TO CHAPTER 13 PAC-F. it IN CHAPTV12 11 sentence at the end of the section to read as follows: If an application for a new license is received after January 31 of any year, the Commissioner shall have the authority to issue a license that runs through April 30 of the next year (a license period of up to fifteen (15) months); provided the applicant pays a license fee that is pro -rated to include the additional time for which the NEW Page 20 We have received several new applications for Randhurst Village. They will likely be issued within a month of their expiration (under the existing ordinance). This gives us the ability to be user friendly and cut down on our own paperwork and staff time. license is valid. SECTION 14: Section 13.208 entitled "Nature of License; Transfer Prohibited" of Chapter 13 entitled "Alcoholic Liquor" of the Mount Prospect Village Code shall be amended This is in recognition that many of our licensees now come to us as limited liability companies rather than traditional corporations. by adding a new paragraph G to be and read as follows: G. As to a Limited Liability Company, an illegal transfer will be deemed to have been attempted and the license shall become null and void if there has been a change in the managing partner or change in or replacement of any person of whom the Commissioner had previously required fingerprinting. SECTION 15 : Paragraph E of Section 13.301, entitled "Compensation, Powers and Duties of Commissioner ", of Article III, "Local Liquor REVISED 1 -27 -2011 NARRATIVE NEW TO CHAPTER 13 PAGE # IN CHAPTER 13 Control Commissioner ", of Chapter 13, entitled "Alcoholic Liquor ", of the Mount Prospect Village Page 22 Code shall be amended by adding the following This section permits the sentence before the last sentence of Paragraph Commissioner to enter fines against non - licensees who may violate our E, which shall be and read as follows: Liquor Code. This might be applied In addition, the commissioner may fine any to a business that delivers alcoholic beverages despite not having a individual that the commissioner liquor license. determines has violated any provision of this chapter even if that individual is not a licensee. SECTION 16 : Paragraph A of Section 13.403, entitled "Closing Hours ", of Article IV, "Regulation of Licenses ", of Chapter 13, entitled "Alcoholic Liquor ", of the Mount Prospect Village Code shall be amended by deleting paragraph A Pages 25 & 26 in its entirety and inserting a new paragraph A, Under the current Ordinance all which shall be and read as follows: Class P (package goods) licenses have the same hours of operations M. It shall be unlawful to engage in the as other classifications (restaurants, service of any alcoholic beverages bars, banquet halls, etc.). This change limits the hours of sale for during the following hours: package goods to midnight in all M. All Class P Licensees: instances. It was felt that the public safety was jeopardized by allowing From twelve o'clock (12:00) the potential to sell package goods A.M. to eight o'clock (8:00) until 1:00 a.m. /2:00 a.m. or even 4:00 a.m. (on New Year's Eve) A.M. each day. under the current statutory scheme. 2. All other licensees except: This was rewritten because certain Class P licensees (such as Monday through Friday: Dominick's and Jewel) were having One o'clock (1:00) A.M. to issues informing customers that Sunday hours of sale differed from eight o'clock (8:00) A.M. other days (9:00 a.m. Sunday /8:00 a.m. other days). This makes the Saturday: Two o'clock (2:00) hours of sale the same for each day of the week for all Class P A.M. to eight o'clock (8:00) licensees. REVISED 1 -27 -2011 NARRATIVE NEW TO CHAPTER 13 PAGE # IN CHAPTER 13 A.M. Sunday: Two o'clock (2:00) A.M. to nine o'clock (9:00) A.M. On January 1 of each year the hours of prohibited service shall be from four o'clock (4:00) A.M. to twelve o'clock (12:00) noon. SECTION 17 : Appendix A, Division II, entitled "Fees, Rates and Taxes ", of the Mount Prospect Village Code shall be amended by adding a new Class S -5 classification and renumbering the current Class S -5 to Class S -6 of paragraph A(3), entitled "Specialty Licenses ", of Section 13.204, entitled "Classifications ", of Chapter 13, entitled "Alcoholic Liquor" to read as follows: Class S -5 $3,000.00 Class S -6 $2,500.00 SECTION 18 : Appendix A, Division II, entitled "Fees, Rates and Taxes ", of the Mount Prospect Village Code shall be amended by inserting the following at the end of the list of temporary permits of paragraph B(1), entitled "Temporary", of Section 13.204, entitled "Classifications ", of Chapter 13, entitled "Alcoholic Liquor ": FEE SCHEDULE FEE SCHEDULE Ad Hoc Permits: To be set by the REVISED 1 -27 -2011 commissioner, considering staff time and other employee involvement, not to exceed $100.00 per day. SECTION 19: 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 , 2011 Irvana K. Wilks, Village President ATTEST: NARRATIVE NEW TO CHAPTER 13 PAGE # IN CHAPTER 13 M. Lisa Angell, Village Clerk