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HomeMy WebLinkAbout5. Old Business 03/15/2011Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: MAYOR IRVANA WILKS BOARD OF TRUSTEES FROM: MICHAEL E. JANONIS DATE: MARCH 11, 2011 RE: ORDINANCE AMENDING CHAPTER 13 CREATION OF A THEATER LICENSE CLASSIFICATION On March 1, 2011 the Village Board adopted certain amendments to the Mount Prospect Liquor Code (Chapter 13). Continued for further discussion, was a portion of the proposed amendments covering the creation of a new license classification providing for the sale of alcohol in conjunction with the operation of a movie theater. Additional information was requested of staff and an operator of a movie theater (AMC) with a pending liquor license application. The Ordinance presented covers only the proposed theater license classification. Processing of the AMC application is dependent on the creation of the theater license classification and would occur at a later date. MICHAEL E. JANONIS Village Manager 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. 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. SECTION 2: 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 3: 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. b. 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 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. Alcoholic beverages may be consumed in the movie theater auditorium, but may not be delivered or served in any movie theater auditorium. d. 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. e. 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 absolute and shall apply irrespective of the actual alcohol content of the beverage. No more than one (1) alcoholic beverage may be delivered to a customer in any one trip to the bar. g. 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. h. 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. i. 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). j. 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. 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 4 : 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 5: 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 Mayor ATTEST: M. Lisa Angell Village Clerk Chapter13moviem arch 152011