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HomeMy WebLinkAbout07/12/1994 COW minutes MINUTES COMMITTEE OF THE WHOLE JULY 12, 1994 I. CALL TO ORDER The meebng was called to order by Mayor Gerald Farley at 7'36 p m Present at the meebng were Trustees Timothy Corceran, R~chard Hendr,cks, Paul Hoefert, M~chaele Skowron and Irvana Wilks Trustee George Clowes amved at 7 38 p m Also present at the meeting were V~llage Manager Michael Janonis, Assistant to the Village Manager Dav;d Strahl, Police Chief Ronald Pavlock, Village Attorney Everatte Hill and Planning Director Will,am Cooney I1. MINUTES Motion was made by Trustee Wilks and Seconded by Trustee Skowron to approve the Minutes of June 28, 1994 Minutes were approved unanimously. Trustees Corcoran and Hendncks abstained III.CITIZENS TO BE HEARD None IV. UPDATE OF CHAPTER 13 - EClUOR CODE AND PARENTAL RESPONSlBIETY ORDINANCE Mayor Farley stated that the Village ;s rewewmg vanous Codes and Ordinances as part of its general rewew of all Codes Th~s is the first comprehensive review of the Liquor Ordinance m some time. The Village has requested and received extensive c~flzen ~nput on the proposed draft which has resulted in a staff copy for review for tonight's meet;ng Three sections of the Code which received extensive rawew ~nciude the live entertainment section, the underage dnnklng section and the fighting prowslons Village Attorney Hill provided a summary of all three areas which have been changed and described what spec;fics w~thin each area have been changed The live entertainment section prowdes a better defimbon of entertainment and it removes the restriction on the type of entertainment relating to whether it was live or disc jockey type of entertainment The underage dnnklng section has been revised to prohibit m~nors from sltbng at a~bar or being seated in a lounge w~thout a parent or guardian The fight prowslons have been rewsed to remove the presumpbon that the individual was over-served to cause the fight in the hcensed estabhshment The change requires a "maintenance of order" standard placed on the licensee Chief Pavlock stated that he believes the fight regulabons are much better than before and would wholeheartedly support them Tod Curtis, owner of Ye Olde Town Inn, spoke He stated he is speaking on behalf of numerous hcense holders ' He would request a change to Secbon 13 129 2 relating to m~nors seated m lounge areas He questions the defimtlon of a lounge He also would request a change ~n Section 13 108(c) whereby the licensee automabcally forfeits his hquor license if he is closed for four consecutive days He would request a Hearing by the Liquor Control Commlssmner prior to losing the hcanse He stated h~s group would provide additional comments by July 14 for consideration by the Village General discussion followed where vanous Board members discussed the three areas where there had been major changes and other miscellaneous parts of the Ordmance Attorney Hill stated he could revise the language concerning the supervision of minors in the lounge areas to ~nclude non-parent or guardians whereby minors could still use the lounge-type areas for consumption of food He also stated he could revisit the definlbon of a lounge, however, he felt that the broad definition as described in the Ordinance probably covers the vast majonty of the types of lounges of hcansees The general consensus of the V~llage Board was to address the definltmn of lounge ~n order to allow minors to s~t in lounge areas w~thout a parent or guardian Also, they recommended that partnership definitions mclude a requirement that the applicant must be a resident of the Village ~of Mount Prospect They also requested a revision of the automatic forfeiture of the hcense and requested the burden be put on the licensee to show why the licensee was unable to operate during the period described in the Ordinance which would require forfeiting the license The meeting was recessed at 8 27 p m due to a power failure The meetmg reconvened at 8 36 p m; at the Mount Prospect Police and Fire Headquarters tra~mng room Consensus of the Board was to rewew any forfeitures of licenses and reiterated the fact that the number of hcense types are automatically reduced each t~me a license is forfeited Therefore, any new establishment must go before the Board to add an add~bonal license The Board members felt the language in Section 13 102 prohibits honor bars ~n hotel rooms but does not prohibit room service to hotel rooms ~ The Board further requested the Class defimbon be included with the type of letter of the I~cense which corresponds in the descnpbons The Class V definition should also include the floor area I~m~t and the service station prohibition for th~s hcense type The V~llage Board also requested the inclusion of the prohibition of alcohol consumption on public property to be ~ncluded Rick Russo, representative of El Sombrero Restaurant ~n Mount Prospect, requested the Board consider live outdoor entertainment for non-profit purposes be exempt from the I~m~t on the number of events which can occur annually The Village Board requested staff to consider addressing the point brought up relabng to the non-profit hcensees or chantable events and to reconsider allowing one or more outdoor activities per year However, there should be inclusion on the length of time such actlwtles occur such as, I~mlt the t~me of event to not more than three days and w~thln a specific linear footage of res~denbal un,ts Members of the Village Board requested the prohibition of employees or agents of licensees consuming alcohol on the premises of the licensee John McDermott, L~ons Club representative, asked ~f th~s prohibition ~s also a restriction on consumption after someone works their shift at an event hke the July 4 celebration Harry Kl~ngeman, represenbng the Illinois Restaurant Assomabon, spoke. He felt that certain portions of the Code wolates the ADA provisions and also some c~wl rights relating to the fighbng prows~ons John McDermott also stated that the s~gn which must be displayed concamlng fighting felt was rather b~g and Attorney H~II stated the sign ~s only required to be a summary and it is not that big Manager Janonls stated that based on the comments provided by the Board, he would I~ke to bnng back the Liquor Ordinance for m~t~al vote on August 2 Members of the Board approved th~s time frame Mayor Farley brought up the draft of the Keg Ord~nanca for d~scuss~on Chief Pavlock stated that a regional law would be more helpful ~n enfor~ng the Keg Ordinance Based on his records, he has seen only three incidents of keg purchases over the last three years He feels ~t is not a significant problem at this t~me, however, it would be helpful in tracking the point of purchase of kegs He said that there are nine establishments ~n Mount Prospect which could sell kegs He stated that kegs are not very popular anymore 3 Members of the V~llage Board felt that the Keg Ordmanca can be brought back s~nca it is wr, tten to define a keg as more than one and one-half gallons Also, they would consider charging addibonal fee for keg tagging but is concerned about encouraging participation among I,censees , Trustee Clowes stated he ~s not comfortable w~th hcensees having to prowde a list of keg purchases as required by the Liquor Ordinance' He felt ,t would be better for the list to be available for ~nspecbon The consensus of the V~llage Board after much discussion was that the Police can inspect the logs on a spot-check basis Board members also felt there ~s general support for the Keg Ordinance and would hke to get the input of keg sellers pnor to the Keg Ordinance coming before the Board for ~n~bal vote They also felt the fee should be a minimum fee charg~ for the keg and the tap and ~t Would be considered a deposit for the tag Chief Pavlock should survey area communities which have a Keg Ordinance to determine appropriate fees Finally, the Keg Ordinance should be part of the L~qu. or Code V. SECOND HOUSEKEEPING ORDINANCE · ~ ' pi gO ~, , Manager Janonls introduced the Second Housekee n rdlnance and the details relating to it and stated that the Ordinance provides a mechanism for staff to administer the regulations as outhned to el~minate two housekeeping units within a residential unit in the Residential Zoned D~stnct Bill Cooney prowded a general overview of the Ordinance and provided details of the admmlstrabon Mayor Farley stated that he has concerns relating to church-related buildings that house teachers, s~sters and/or pastors He requested that staff review and survey area churches to determine what types of units they have because he felt uncomfortable prohibiting church uses m residential areas William Reddy, 105 South Elm, spoke to the Board He wants to encourage the Board to do something to eliminate non-conforming residential use which th~s Ordinance would address The consensus of the Village Board was to review and survey area churches and community homes as necessary in order to include them in the Ordinance as to not prohibit their use within a residential area VI. MANAGER'S REPORT None II. ANY OTHER BUSINESS Trustee V~lks stated that there was a foul odor emitting from Weller Creek recently. Manager Janoms stated that the heavy rain caused MWRD to allow sewage to fiil in w~th the Creek and ;t w~ll take a couple of rams to wash out the sewage that may be I,ngenng ;n the Creek, however, the smell should be ehm,nated w~th~n the next couple of days The Execut,ve Session was cancelled due to the late hour by the Mayor. VIII. ADJOURNMENT The Comm;ttee of the Whole meet;ng adjourned 11'27 p m DAVID STRAHL DS/fcc Assistant to the Village Manager 5