HomeMy WebLinkAbout3. Chapter13 Movie Ordinance 03/15/2011ORDINANCE NO. 5840
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: Juracek, Korn, Wilks. Zadel
NAYS: Hoefert, Matuszak, Polit
ABSENT: None
PASSED and APPROVED this 6 th day of April 2011.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
Chapter13moviem arch 152011