HomeMy WebLinkAbout5. Old Business 03/01/2011
Village of Mount Prospect
Mount Prospect, Illinois
INTEROFFICE MEMORANDUM
TO:MAYOR IRVANA WILKS
BOARD OF TRUSTEES
FROM:MICHAEL E. JANONIS
DATE:FEBRUARY 24, 2011
RE:ORDINANCE AMENDING CHAPTER 13
Acomprehensive rewrite of theMount ProspectLiquor 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), areproposing
some minor changes that more fully balance the day to day operations of liquorlicense
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. After the February 15, 2011 Village
Board meeting a clarification was made based on Board discussion and an additional
change to the “serviceof alcohol” wasaddedto further address issuesof overservice.
Thosenew changesare highlighted with thecolorblue.
Attached is a draft ordinance with annotations that covers the proposed changes. The
ordinance is presented for Board consideration.
MICHAEL E. JANONIS
Village Manager
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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:
Pages 1-3
Alcohol Wristband: An indicia of
eligibility (worn on the wrist of a
These three new definitions are
movie theater patron) to be served
needed to accommodate the new
an alcoholic beverage by an S-5
S-5 (Movie Theater) License.
(movie theater) licensee.
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
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viewing of motion pictures.
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
PAGES 6&7
shall include the submission of fingerprints
to appropriate agencies) shall be
Determining the individuals who
performed with respect to the key
have an actual ownership interest in
a proposed liquor license has
individuals owning and/ or operating the
become increasingly difficult as
licensed business. At a minimum, the local
more applicants choose to organize
as Limited Liability Companies.
manager or managers and the persons
The recommended change gives
functioning as the chief operating officer
the Commissioner increased
flexibility in evaluating who will
and chief financial officer shall be subject
actually control such entities. The
to such background checks. An
change also eliminates prior
distinctions between closely held
investigation will be performed to enable
and publicly traded corporations. It
the Commissioner to ascertain whether the
further increases our ability to do
background checks on the real
issuance of a license will comply with all
parties in interest.
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
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purposes of this paragraph (C), the
Commissioner may require such
documentation as he or she deems
appropriate to determine who must be
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
Adds Class S-5 Theater License
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
Page 9
“Alcoholic Liquor”, of the Mount Prospect Village
Code shall be amended by deleting
This is not a substantive change, it
merely makes this summary
subparagraph B(1) in its entirety and adding a
consistent with the provisions that
new subparagraph B(1) to be and read as
later describe the actual permits.
follows:
B. Permits:
1. Temporary
a.Those Not Requiring a Mount
Prospect License:
i. Civic permit
ii. Library permit
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iii. Village permit
iv. Non-Mount Prospect
Caterer’s permit
v. Promotion permit
b. Those Requiring a Mount
Prospect License:
i. Mount Prospect Caterer’s
permit
ii. Daily Sampling permit
iii. Outdoor entertainment
permit
c. Ad Hoc Permit
SECTION 5:
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:
Delivery made may be made only at
a separate bar in the lobby area.
a. Service of alcoholic beverages shall be
No alcoholic beverages will be
limited to a designated customer bar.
available at the concession stand.
b. Service of alcoholic beverages may be
The Liquor Commissioner may (in
made only to persons wearing a wristband her sole discretion) require the use
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approved by the Village of Mount Prospect
of wristbands as identifiers for those
who wish to purchase alcohol. It is
Police Department (“alcohol wristband”).
contemplated that, initially, such
The person dispensing alcohol wristbands bands will not be required. (This
was a mandatory requirement in
shall have completed a certified alcohol
our first draft; however, after some
awareness training course as set forth in
negotiation, we agreed that it would
be discretionary with the
Section 13.407(F). The alcohol wristband
Commissioner and would depend
shall be valid only for the date on which it on our future enforcement
experiences with this license.)
is obtained from the movie theater. This
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.
While alcoholic beverages may be
c. Alcoholic beverages may be consumed in
carried into the movie, there will be
the movie theater auditorium, but may not
no sale or other delivery of alcohol
be delivered or served in any movie in the auditoriums.
theater auditorium.
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d. The containers in which alcoholic Alcoholic beverage containers must
be of a different color and design
beverages are served must be of a
than non-alcoholic beverage
different color, size and design than those containers.
in which non-alcoholic beverages are
served.
e. Beer may be sold only in individual
The maximum size of a beer
containers holding 16 ounces or less. All
container will be 16 oz. The
maximum container size for any
other alcoholic beverages may be sold
other alcoholic drink will be 8 oz.
only in individual containers holding 8
ounces or less. This limitation shall be
absolute and shall apply irrespective of the
actual alcohol content of the beverage.
f. No more than one (1) alcoholic beverage
Only one drink may be delivered to
a customer in a single trip to the
may be delivered to a customer in any one
bar.
trip to the bar.
g. There may be no service of alcoholic
The movie theater bar may be open
beverages unless the movie theater is
only when movies are being shown
actually open for the showing of movies.
(opening an hour before the first
movie).
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.
h. The lobby bar and the lounge area
The bar and any potential lounge
associated with the bar may comprise no
area may not comprise more than
20% of the lobby (there will be no
more than 20% of the floor area outside of
discreet lounge initially, but they
the auditoriums.
may add one in the future).
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i. The lobby bar shall be subject to the
requirements of Section 13.405(D) of the
The bar and any potential lounge
Village Code. If the Licensee creates a area are subject to the age
limitations already set forth in our
separate and discreet lounge area as part
restaurant lounge regulations
of its bar and liquor service; such lounge
area shall also be subject to Section
13.405(D).
j. An employee of the licensee who has
There must be a designated alcohol
completed a certified alcohol awareness
monitor on premises anytime the
bar is open.
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.
Because of the unique challenges
k. The S-5 licensee shall be responsible if
in monitoring inappropriate
any alcohol is consumed by any minor at
consumption in a movie theater, the
any location within or on the movie theater licensee is liable for such
consumption on the premises even
premises whether the alcohol was
if the alcohol is brought in from the
outside.
purchased at the movie theater or not.
Sections 6 &12 clear up an
SECTION 6:
Subparagraph (C)(4)(d) of
inconsistency in our current Code.
Section 13.204.1 entitled “Descriptions and
Currently Section 13204.1D(b)(2)
suggests that a daily sampling
Restrictions” of Chapter 13 entitled “Alcoholic
permit is needed for on-site wine
Liquor” of the Mount Prospect Village Code shall
sampling for an S-4 license.
13204.1C(4)(d) states that such a
be amended by deleting subparagraph (d) in its
permit is not needed. It is our
entirety and inserting a new subparagraph (d)
understanding that the Board’s
intent was to permit on-site
which shall be and read as follows:
sampling as part of the basic S-4
(d) A class S-4 licensee may
license. This makes both sections
consistent with that intent.
conduct off premises wine tasting upon
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securing a daily sampling permit and in Page 14
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
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
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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.
Previously there were different
The number of days shall be within limits to permits resulting in
unnecessary confusion. These
the sole discretion of the
sections now provide for 5
Commissioner, but in no event may consecutive day limitations for
permits and a cumulative 12 day
permits be issued for more than five
limitation to all permits
Page 15 & 17
(5) consecutive days. (Except for
Temporary Outdoor Entertainment
Permits which are for seventy-two
(72) hours.)
d. No more than twelve
(12) such permit days shall be
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.
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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”,
Page 15
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”,
of Article II, “Licensing for Regulated Service”, of
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
Section 9 creates the new
be and read as follows:
temporary “Ad Hoc” permit. This
allows the Commissioner to issue a
c. Ad Hoc Temporary Permits:
temporary permit in circumstances
that are not amenable to our
traditional temporary permits. The
Notwithstanding the fact that
circumstances where such a permit
an applicant for a temporary permit would be appropriate must be
similar, but not necessarily
does not meet the precise criteria
identical, to those in which other
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for one of the specific temporary temporary permits may be issued.
Again, this gives the Commissioner
permit classifications set forth
the ability to honor substance over
above, the commissioner shall have form.
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
DELETED
Village Code shall be amended by deleting
Page 15
subparagraph D(2)(a)(1)(C) in its entirety and
renumbering the following paragraphs
accordingly.
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
DELETED
subparagraphs D(2)(a)(5)(C) and (F) in their
Page 16
entirety and renumbering the following
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paragraphs accordingly.
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 Sections 6 &12 clear up an
inconsistency in our current Code.
entirety and inserting a new subparagraph (2)
Currently Section 13204.1D(b)(2)
suggests that a daily sampling
which shall be and read as follows:
permit is needed for on-site wine
(2) Daily Sampling Permit. A
sampling for an S-4 license.
permit allowing the holder of any class P 13204.1C(4)(d) states that such a
permit is not needed. It is our
license to serve wine or beer, without
understanding that the Board’s
intent was to permit on-site
charge, in small and limited amounts, for
sampling as part of the basic S-4
sampling purposes only and in conjunction
license. This makes both sections
with sales promotional efforts occurring on consistent with that intent.
the licensed premises. (See subsection
.
C4d of this section with respect to a S-4
license.) Regulations specific to a daily
Pages 14 & 16
sampling permit:
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
sentence at the end of the section to read as
follows:
NEW Page 20
If an application for a new license is
We have received several new
st
received after January 31 of any year, the
applications for Randhurst Village.
Commissioner shall have the authority to
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issue a license that runs through April 30 th
They will likely be issued within a
of the next year (a license period of up to month of their expiration (under the
fifteen (15) months); provided the applicant existing ordinance). This gives us
pays a license fee that is pro-rated to the ability to be user friendly and
include the additional time for which the cut down on our own paperwork
license is valid. and staff time.
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
by deleting paragraphs A through F in their
entirety and adding new paragraphs A through D
which shall be and read as follows:
13.208: NATURE OF LICENSE;
TRANSFER PROHIBITED:
A. A license shall be a privilege that may
be claimed only by the person set forth on the
license. The license shall not constitute property,
nor shall it be subject to attachment, garnishment
or execution. The license shall not be alienable,
voluntarily or involuntarily, or subject to lien or
other encumbrance. The license is not
transferable either for consideration or not for
consideration. Although regulations in
subsections 1 through 3 of this section shall be
generally applicable, the commissioner shall have
the sole discretion to determine whether the
transfer of a business has occurred such that the
transferee must secure a new license. Unless a
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new application has been filed and approved by
the commissioner, an illegal transfer will be
deemed to have been attempted and the license
shall become null and voice on the following
circumstances:
1. As to a closely held corporation, if
any person owning twenty percent (20%) or more
of the stock transfers the stock to another person
who previously held less than fifty percent (50%)
of the stock. Upon the death of any person
owning twenty percent (20%) or more of the
shares in a closely held corporation, the
commissioner shall be notified.
2. As to a public corporation, an
illegal transfer will be deemed to have been
attempted and the license shall become null and
void if there has been a buyout, a takeover or any
other transaction involving the sale or transfer of
more than fifty percent (50%) of the stock or
assets of the corporation.
3. As to a Limited Liability Company, Page 20
if there has been a change in the managing This is in recognition that many of
in or replacement of any
partner or change our licensees now come to us as
member of the Limited Liability
Company of limited liability companies rather
whom the Commissioner had previously required
than traditional corporations.
fingerprinting.
B. If a licensee is ordered into
receivership or files for bankruptcy, the receiver
or trustee may continue the operation of the
business under the existing license pursuant to a
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written order of the appropriate court until the
expiration of the license or until the passage of
six (6) months from the date of appointment of a
receiver or trustee whichever comes first.
C. Upon the alienation, sale, transfer,
assignment or donation of the business for which
the license is issued to any other than the
licensee, the liquor license shall automatically
become void.
D. Any licensed establishment that has
discontinued the sale or service of alcoholic
beverages or that has not been open for business
at least four (4) days per week for a period of
thirty (30) days or more shall automatically forfeit
its license. This forfeiture shall not apply in
instances where the licensee has previously
notified the village manager, in writing, of an
intent to close the premises for a portion of a
license term for remodeling or other similar
purpose.
SECTION 15:
Paragraph E of Section
13.301, entitled “Compensation, Powers and
Duties of Commissioner”, of Article III, “Local
Liquor Control Commissioner”, of Chapter 13,
entitled “Alcoholic Liquor”, of the Mount Prospect
Village Code shall be amended by adding the
following sentence before the last sentence of
Paragraph E, which shall be and read as follows:
In addition, the commissioner may fine any
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individual that the commissioner Page 22
determines has violated any provision of This section permits the
Commissioner to enter fines against
this chapter even if that individual is not a
non-licensees who may violate our
licensee. Liquor Code. This might be applied
to a business that delivers alcoholic
beverages despite not having a
SECTION 16:
Paragraph A of Section
liquor license
.
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
in its entirety and inserting a new paragraph A,
which shall be and read as follows:
M. It shall be unlawful to engage in the
service of any alcoholic beverages
during the following hours:
All Class P Licensees:
M.
From twelve o’clock (12:00)
Pages 25 & 26
A.M. to eight o’clock (8:00)
Under the current Ordinance all
Class P (package goods) licenses
A.M. each day.
have the same hours of operations
as other classifications (restaurants,
All other licensees except:
2.
bars, banquet halls, etc.). This
change limits the hours of sale for
Monday through Friday:
package goods to midnight in all
One o’clock (1:00) A.M. to
instances. It was felt that the public
safety was jeopardized by allowing
eight o’clock (8:00) A.M.
the potential to sell package goods
until 1:00 a.m./2:00 a.m. or even
Saturday: Two o’clock (2:00)
4:00 a.m. (on New Year’s Eve)
under the current statutory scheme.
A.M. to eight o’clock (8:00)
A.M.
This was rewritten because certain
Class P licensees (such as
Dominick’s and Jewel) were having
Sunday: Two o’clock (2:00)
issues informing customers that
A.M. to nine o’clock (9:00)
Sunday hours of sale differed from
other days (9:00 a.m. Sunday/8:00
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A.M.a.m. other days). This makes the
hours of sale the same for each day
of the week for all Class P
On January 1 of each year
licensees.
the hours of prohibited
service shall be from four
o’clock (4:00) A.M. to twelve
o’clock (12:00) noon.
SECTION 17:
Paragraph A of Section
13.405, entitled “Prohibited Conduct” 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
in its entirety and inserting a new paragraph A,
which shall be and read as follows:
A. Sale, Delivery, Service or Giving Of
Alcoholic Beverages: The sale, delivery, service
or giving of any alcoholic beverages to either of
the following:
1. A person under twenty one (21)
years of age.
2. A person previously involved in a
fight in the establishment.
SECTION 18:
Paragraph C of Section
Page 27
13.405, entitled “Prohibited Conduct”, of Article
While we prohibit the delivery of
IV, “Regulation of Licenses”, of Chapter 13,
alcohol to "intoxicated persons", we
entitled “Alcoholic Liquor”, of the Mount Prospect
do not prohibit delivery of drinks in
Village Code shall be amended by deleting
such a quantity as results in a
subparagraph 1(a) in its entirety, re-lettering in
person's intoxication. It is an
order the remaining subparagraphs and adding at
important distinction.
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the end a new subparagraph (e), which shall be
and read as follows:
e. Delivery of alcoholic beverages to any
person in such quantity as to result in the person
becoming intoxicated.
SECTION 19:
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”, FEE SCHEDULE
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 20:
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
FEE SCHEDULE
temporary permits of paragraph B(1), entitled
“Temporary”, of Section 13.204, entitled
“Classifications”, of Chapter 13, entitled
“Alcoholic Liquor”:
Ad Hoc Permits: To be set by the
commissioner, considering staff time and
other employee involvement, not to
exceed $100.00 per day.
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SECTION 21:
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:
M. Lisa Angell, Village Clerk
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From: yasar senlik jmailto:ysenlikl @ gmail.coml
Sent: Friday, February 25, 20118:45 AM
To: Cooney, Bill
Cc: rob
Subject: Delay in meeting
Mr. Cooney,
Construction cost estimate will be ready in a week for 501 Midway Drive. We would like to attend the board
meeting on March 15.
Please let me know if you have any questions. I appreciated your time for yesterday's meeting.
Thanks
Yasar Senlik
President
Niagara Educational Services
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