HomeMy WebLinkAboutOrd 3681 08/19/1986ORDINANCE NO. 3681
AN ORDINANCE AMENDING CHAPTER 13 ENTITLED, "ALCHOHLIC
LIQUOR DEALERS" OF THE VILLAGE CODE OF ROUNT PROSPECT
PASSED AND APPROVED BY
THE PRESIDENT AND BOARD OF TRUSTEES
THE 19th DAY OF Auqust , 1986.
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
21st day of August , 1986.
ORDINANCE NO. ~681
AN ORDINANCE AMENDING CHAPTER 13
ENTITLED, "ALCOHOLIC LIQUOR DEALERS" 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:
SECTION ONE: Chapter 13 entitled "Alcoholic Liquor Dealers" of the Village Code
of Mount Prospect, Illinois (]ggl) as amended, is hereby further amended as follows:
A. By amending Section i3.I01 entitled "Definitions" of said Chapter 13 to
amend the definitions of Lounge and Restaurant to read:
"LOUNGE: For the purpose of this Chapter, a "Lounge" shall mean any public
place kept, used, maintained, advertised and held out to the public as a place
where alcoholic liquor is offered for sale at retail for consumption only on
the premises. Said definition may also include therein the term "cocktail
lounges." A lounge shall be included within and be an incidental and
accessory part of an establishment such as a restaurant, hotel or bowling
alley, primarily engaged in a business or occupation other than that of the
sale and consumption of alcoholic liquor.
RESTAURANT: Any public place kept, used, maintained, advertised and held
out to the public as a place where meals are actually and regularly served,
without sleeping accommodations, primarily for full-service, sit-down dining
which offers patrons meals, including dinner and/or luncheon menus at which
the service of alcoholic liquor is incidental and complementary to the service
of such meals. Limited food service, such as provided by drive-in restaurants,
luncheonettes, diners, coffee shops, fast food operations, and similar uses, does
not satisfy the requirements of this definition."
B. By amending Section 13.106 entitled, "Licenses and Permits" of said
Chapter 13 to change subsection A thereof to read:
"A. Except as may be provided for the issuance of certain permits under the
terms of subsection B herein, every person engaged in the retail sale of
alcoholic liquor in the Village shall first have obtained a suitable liquor
license authorizing the specific type and character of such alcoholic liquor
sale as may be contemplated in such retail business.
All new, transferred or renewed licenses issued after March 3, 1986,
except as provided in Section 13.106A.2 of this Chapter, shall be divided
into the following classifications-'
CLASS "B" license, which shall authorize the licensee to sell and offer
for sale at retail, in the premises specified in such license, alcoholic
liquor for consumption on said premises. At the minimum, food service
such as snacks, hors d'oeuvres and/or similar food items shall be available,
in quantities sufficient to serve all patrons of said premises, at all times
when alcoholic liquor is served.
CLASS "C" license, which shall authorize the licensee to sell and offer
lor sale at retail, in the premises specified in such license, alcoholic
liquor in its original package only but not for consumption on the
premises where sold. Samplings of alcoholic liquor in conjunction with
sales promotional efforts shall be allowed pursuant to the regulations
contained in Section 13.113 of this Chapter.
CLASS "D" license for issuance to private clubs and civic or fraternal
organizations not operated for pecuniary profit, which shall authorize the
licensee to sell and offer for sale at retail, in the premises specified in
such license, alcoholic liquor to its members and guests only for
consumption on said premises.
CLASS "E" license, for issuance to caterers, which shall authorize the
licensee to sell and offer for sale at retail, in the premises specified in
such license, alcoholic liquor for consumption on the premises where sold·
Consumption of alcoholic liquor at or over a bar shall be permitted, but
all consumption shall be limited to those patrons who are invited guests
and dining on the premises specified in such license·
CLASS "F" license, which shall authorize the licensee to sell and offer
for sale at retail, alcoholic liquor for consumption on the premises where
sold, and only in conjunction with the operation of a food service court
located in a shopping mall. Any consumption of alcoholic beverages shall
be limited to those patrons who are dining in said "food cafe." Said
premises shall be separate from but contiguous to the main food service
court, and shall not exceed eight thousand (8,000) square feet in total
floor area. Said premises shall be maintained as an area separate and
apart from the general shopping mall with definite and restricted points
of ingress and egress prohibiting the removal of alcoholic beverages from
the food cafe.
CLASS "G" license, for issuance to park districts when operated as a
function of that district and not a concession to a third party~ which
shall authorize the licensee to sell and offer for sale at retail in such
premises specified in such license application, for beer and wine onlyr for
consumption on the premises.
CLASS "H" license, for issuance to supper clubs, which shall authorize the
licensee to sell and offer for sale at retail, alcoholic liquor for consump-
tion on the premises where sold. Said premises to have a total floor area
of not less than five-thousand, five-hundred (5,500) square feet.
Consumption of alcoholic liquor at or over a bar is specifically prohibited
on said premises. At the minimum, food service such as hot or cold
sandwiches and/or similar food items shall be offered at all times when
alcoholic liquor is served. Drink minimums, such as those requiring
patrons of said supper club to purchase one (I) or more alcoholic
beverages as a condition of entrance to said premises are specifically
prohibited.
CLASS "M" license, for issuance to hotelsr motels~ motor inns or motor
lodges which shall authorize the licensee to sell and offer for sale at
retail, in the premises specified in such license, alcoholic liquor to guests
of such hotel, motel, motor inn or motor [odge in the rooms occupied by
such guests on such premises. If a restaurant and/or lounge is operated
on the premises of the licensee, the licensee may also sell alcoholic
beverages to patrons of the restaurant or lounge under such terms and
conditions as may be determined by the Local Liquor Control
Commissioner.
CLASS "P" licenser which shall authorize the licensee to sell and offer
for sale at retail, in the premises specified for such license, wine and
beer in the original package which may be refrigerated or non-
refrigerated. Consumption of wine and/or beer (as well as samplings
thereof) upon the licensed premises is strictly prohibited.
CLASS "R" license~ for issuance to restaurants~ which shall authorize the
licensee to sell and offer for sale at retail, alcoholic liquor for consump-
tion on the premises where sold. Consumption of alcoholic liquor at or
over a bar is specifically prohibited and any consumption of alcoholic
liquors shall be limited to those patrons who are dining in such
restaurant.
CLASS "S" license~ for issuance to restaurants maintaining a separate
lounge area as an incidental and accessory use, which shall authorize the
licensee to sell and offer for sale at retail~ in the restaurant portion of
the premises specified in such license, alcoholic liquor for consumption on
said premises only with meals~ and in the lounge portion of the premises
specified in such licenser alcoholic liquor for consumption on said
premises~ with or without the service of food. The premises licensed
herein shall be primarily devoted to the preparation~ cooking and serving
of meals and the lounge area shall contain less than twenty-five percent
(25%) of the floor area of the premises and shall not be divided into two
(2) or more locations within said premises. Full food servicer including
dinner and/or luncheon menus, shall be offered at all times while
alcoholic liquor is served.
CLASS "T" license~ for issuance to bowling alleys~ which shall authorize
the licensee to sell and offer for sale at retail alcoholic beverages, in the
lounge, for consumption on the premises where sold. The premises must
in fact operate as a bowling alley and offer their patrons full bowling
facilities with alcoholic liquor service incidental to bowling. The lounge
area of such premises licensed herein shall contain less than twenty-five
percent (25%) of the floor area of the premises and shall not be divided
into two (2) or more locations within said premises. Food service shall
be available to patrons at all times when liquor is served.
CLASS "V" license, which shall authorize the licensee to sell and offer
for sale at retail, in the premises specified in such license, wine in its
original package only but not for consumption on the premises where sold.
Samplings of wine in conjunction with sales promotional efforts shall be
allowed pursuant to the regulations contained in Section 13.~13 of this
Chapter.
CLASS "~I/" license, for issuance to restaurants, which shall authorize the
licensee to sell and offer t~?'~ale at retail, beer and wine for consump-
tion on the premises WhcPe sold. Consumption of alcoholic liquor at or
over a bar is specifically t~rohibited and any consumption of beer and
wine shall be limited to ~;h0Se patrons who are dining in such restaurant.
All Class A, Class B and Class S licenses originally issued prior to
March 4, 1956 and subsequently renewed by that licensee shall be defined
as follows:
CLASS "A" license, which shall authorize the licensee to sell and offer
for sale at retail, in the premises specified in such license, alcoholic
liquor for consumption on said premises and also alcoholic liquor in its
original package but not for consumptioh on the premises where sold.
CLASS "B" license, which shall authorize the licensee to sell and offer
for sale at retail, in the premises specified in such license, alcoholic
liquor only for consumption on said premises.
CLASS "S" license, for issuance to restaurants maintaining a separate
lounge area as an accessory use, which shall authorize the licensee to sell
and offer for sale at retail, in the restaurant portion of the premises
specified in such license, alcoholic liquor for consumption on said premises
only with meals, and in the lounge portion of the premises specified in
such license, alcoholic liquor for consumption on said premises, with or
without the service of food. The premises licensed herein shall be
primarily devoted to the preparation, cooking and serving of meals and
the lounge area shall contain less than twenty-five percent (25%) of the
floor area of the premises.
3. Each such licensee shall pay an annual fee for such license in the amount
set forth below:
License Classification Annual License Fee
Class A 52,500.00
Class B 2,000.00
Class C 2,000.00
Class D 750.00
Class E 2,000.00
Class F 2,000.00
Class G 750.00
Class H 2,000.00
Class M 2,500.00
Class P 1,750.00
Class R 2,000.00
Class S 2,500.00
Class T 2,500.00
Class ¥ 1,500.00
Class W 1,500.00"
C. Effective May 1, 1987, Subsection A of Section 13.107 of said Chapter
13, entitled "Number of Licenses" shall be amended by deleting the words
"Seventeen (17) Class 5 Licenses" and inserting in its place the following.
"Fifteen (15)
Two (2)
Class S Licenses
Class T Licenses"
D. By amending Section 13.110, entitled "Transfer of License" of said
Chapter 13 to read:
"A. A license shall be purely a personal privileged good for a period not
to exceed one year after issuance~ unless revoked sooner as provided in
this Chapter, and shall not constitute property, nor shall it be subject
to attachment, garnishment or execution, nor shall it be alienable or
transferable, voluntarily or involuntarily, or subject to being encumbered
or hypothecated.
uch license shall cease upon the death of the licensee and shall not
descend by the laws of testate or intestate devolution, provided that
executors or administrators of the estate of any deceased licensee, and
the trustee of any insolvent or bankrupt licensee, when such estate
consists in part of alcoholic liquor, may continue the business of the
sale of alcoholic liquor under the order of the appropriate court, and
may exercise the privileges of the deceased or insolvent or bankrupt
licensee after the death of decedent, or such insolvency or bankruptcy
until the expiration of such license, but not longer than six (6) months
after the death, bankruptcy or insolvency of such licensee. A refund
shall be made of that portion of the license fee paid for any period in
which the licensee shall be prevented from operating under the license
in accordance with the provisions of this Section.
B. If a licensee shall terminate his license before July 1, by virtue of
the sale or transfer of his business, then he shall be entitled to a
rebate of the license fee paid, prorated to the nearest month, less a
fifty dollar ($50.00) administrative fee."
E. By amending Section 13.119.1 entitled, "Fighting Prohibitedl Licensee's
Conduct" of said Chapter 13 to change subsection B thereof to read:
"B. A copy of Section 13.119.1A shall be prominently displayed in
letters not less than one inch (1'9 high in all premises holding a Class
A, B, D, E, F, G, H, M, R, S, T or W liquor license. The notice shall
further state that any person in a licensed premises observing a fight
shall immediately notify the Village Police Department."
SECTION TWO: 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.
PASSED and APPROVED this 19th day of Auqust , 1986.
AYES: Arthur, Farley, FloroS, Murauskis, Van Geem
NAYS: Wattenberg
ABSENT: None
ATTEST:
Village Clerk
Village l~esident