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O-67-12 11-26-2012VILLAGE OF LEMONT ORDINANCE. NO. _ 2, AN ORDINANCE AMENDING TITLE 5 OF THE LEMONT, ILLINOIS MUNICIPAL CODE RELATING TO LIQUOR LICENSES ADOPTED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 26th DAY OF NOVEMBER, 2012 Published in pamphlet form by Authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, this 26th day of November, 2012. ORDINANCE NO. Q�2„ An Ordinance Amending Title 5 of the Lemont, Illinois Municipal Code Relating to Liquor Licenses WHEREAS, the Village of Lemont ( "Village ") is an Illinois Municipal Corporation pursuant to the Illinois Constitution of 1970 and the Statutes of the State of Illinois; WHEREAS, Bottles, a licensed establishment at 439 Talcott Street, Lemont, Illinois is currently operating as an establishment offering tasting of wine and beer under a Village of Lemont C -4 Liquor License; WHEREAS, Bottles has requested a change in its liquor license classification and has applied for a Class A -1 Liquor License and has further requested the Village adopt an ordinance amending the Lemont Municipal Code, as amended, so as to return its Class C -4 License and to permit a Class A -1 License to be issued; and WHEREAS, the President and Board of Trustees of the Village of Lemont desire to decrease the number of Class C -4 liquor licenses and to increase the number of Class A -1 liquor licenses granted; WHEREAS, Betty's Bistro, operating at 1243 State Street, Suite B -104, has applied for a Class A -4 Liquor License and has further requested the Village adopt an ordinance amending the Lemont Municipal Code, as amended, so as to permit such a license to be issued; and WHEREAS, the President and Board of Trustees of the Village of Lemont desire to increase the number of Class A -4 liquor licenses granted. WHEREAS, the Village wishes to make further amendments to the Lemont, Illinois Municipal Code ( "Village Code ") relating to liquor licenses within its jurisdiction; and WHEREAS, the Village Code contains certain scrivener's errors that do not reflect the purpose and intent of the legislation adopted by the President and Board of Trustees of the Village of Lemont and should therefore be corrected; and WHEREAS, the President and Board of Trustees of the Village of Lemont find that it is in the best interest of the health, safety and welfare of the public to amend the Village Code as set forth in this ordinance, and; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, DUPAGE AND WILL COUNTIES, ILLINOIS, as follows: SECTION 1: The foregoing findings and recitals, and each of them, are hereby adopted as Section 1 of this Ordinance and are incorporated by reference as if set forth verbatim herein. SECTION 2: The Lemont Municipal Code, Chapter 5, Section 5.04, Subsection 5.04.080 is hereby amended to read as follow in the manner and form by deleting the text shown in strikethrough type below and inserting therein and therefore such new text in the manner and form and shown in underlined bold type below, so that said Section 5.04.080 shall hereafter provide as follows: 5.040.080 License — Fees — Classes of Operator. 11. Class C -4 (c) The number of Class C -4 licenses issued shall not exceed 4.0 licenses. SECTION 3: The Lemont Municipal Code, Chapter 5, Section 5.04, Subsection 5.04.080 is hereby amended to read as follows in the manner and form by deleting the text shown 3 in strikethrough type below and inserting therein and therefore such new text in the manner and form and shown in underlined bold type below, so that said Section 5.04.080 shall hereafter provide as follows: 5.040.080 License – Fees – Classes of Operator. B. Number of Licenses. There shall be issued in the Class A -1 and A -2 categories, together, not more than few five at any one time; the number of Class A -3 licenses to be issued at any one time shall not exceed twelve ; the number of Class A -4 licenses to be issued at any one time shall not exceed two three; and the number of C -1 licenses to be issued at any one time shall not exceed eight. SECTION 4: The Lemont Municipal Code, Chapter 5, . Section 5.04, Subsection 5.04.080 is hereby amended to read as follows in the manner and form by deleting the text shown in strikethrouge type below and inserting therein and therefore such new text in the manner and form and shown in underlined bold type below, so that Subsection 5.04.080 shall hereafter provide as follows: Title 5 – BUSINESS TAXES, LICENSES AND REGULATIONS 5.04.080. – License —Fees— Classes of operators. 4. Class A -4. a. Class A -4 licenses shall authorize the retail sale of beer and wine only; for consumption on or off the premises, if the premises are establishments which primarily serve meals prepared in the kitchen of the establishment.; having seating eapaeity for- the serviee of meals at tables and/or- eeunter-s for- not loss than fifty patrons at the same tune SECTION 5: The Lemont Municipal Code, Chapter 5, Section 5.04, Subsection 5.04.190 is hereby amended to read as follows in the manner and form by deleting the text shown in strikethrough type below and inserting therein and therefore such new text in the manner and in form and shown in underlined bold type below, so that said Section 5.04.190 shall hereafter provide as follows: 5.04.190 Hours of operation -- Designated. A. Closing hetir-s Hours of operation for consumption on premises or sale of alcoholic liquor shall be as set out in Table 5.04.190. B. Notwithstanding the elosing hours of operation for consumption on premises or sale of alcoholic liquor as set out in Table 5.04.190, easing the hours shall be extended by one hour the day before a holiday, which days are exclusively defined as Memorial Day, Fourth of July, Labor Day, Thanksgiving and Christmas. C. No licensee shall permit another except a peace officer who is in the performance of his duties or an employee of the licensee who is actually on duty, to enter or remain upon the licensed premises between the hour of closing and the hour of opening as established by this section. SECTION 6: The Lemont Municipal Code, Chapter 5, Section 5.04, Table 5.04.190 is hereby amended to read as follows in the manner and. form by deleting the text shown in strikethrough type below and inserting therein and therefore such new text in the manner and form and shown in underlined bold type below, so that.said Table 5.04.190 shall hereafter provide as follows: Table 5.04.190 Closing Hours of Operation for Consumption on Premises or Sale of Selfing Alcoholic Beverages- Liquor 5 Weekdays Friday and Saturday Sunday New Year's Eve Class A -1 6:00 a.m. to 2:00 a.m. 6:00 a.m. to 2:00 a.m. Sat. 6:00 a.m. to 3:00 a.m. 10:00 a.m. to 2:00 a.m. 6:00 a.m. to 4:00 a.m. Class A -2 6:00 a.m. to 2:00 a.m. 6:00 a.m. to 3:00 a.m. 10:00 a.m. to 2:00 a.m. 6:00 a.m. to 4:00 a.m. Class A -3 6:00 a.m. to 2:00 a.m. 6:00 a.m. to 3:00 a.m. 10:00 a.m. to 2:00 a.m. 6:00 a.m. to 4:00 a.m. Class A -4 6:00 a.m. to 2 :00 a.m. 6:00 a.m. to 3:00 a.m. 10:00 a.m. to 2:00 a.m. 6:00 a.m. to 4:00 a.m. Class A -5 6:00 a.m. to 2:00 a.m. 6:00 a.m. to 3:00 a.m. 10:00 a.m. to 2:00 a.m. 6:00 a.m. to 4:00 a.m. 5 Class A -6 6:00 a.m. to 2:00 a.m. 6:00 a.m. to 3:00 a.m. 10:00 a.m. to 2:00 a.m. 6:00 a.m. to 4:00 a.m. Class A -7 6:00 a.m. to 2:00 a.m. 6:00 a.m. to 3:00 a.m. 10:00 a.m. to 2:00 a.m. 6:00 a.m. to 4:00 a.m. Class B -1 6:00 a.m. to 1:00 a.m. 6:00 a.m. to 3:00 a.m. 10:00 a.m. to 2:00 a.m. 6:00 a.m. to 4:00 a.m. Class B -2 Set forth on the face of the license Class C -1 9:00 a.m. to 12:00 midnight 9:00 a.m. to 12:00 midnight 9:00 a.m. to 12:00 midnight 9:00 a.m. to 12:00 midnight Class C -2 9:00 a.m. to 12:00 midnight 9:00 a.m. to 12:00 midnight 9:00 a.m. to 12:00 midnight 9:00 a.m. to 12:00 midnight Class C -3 9:00 a.m. to 10:00 p.m. 9:00 a.m. to 10:00 p.m. 9:00 a.m. to 10 :00 p.m. 9:00 a.m. to 10:00 p.m. Class C -4 9:00 a.m. to 10:00 p.m. 9:00 a.m. to 10:00 p.m. 9:00 a.m. to 10 :00 p.m. 9:00 a.m. to 10:00 p.m. SECTION 7: That the Village Clerk of the Village of Lemont be and is directed hereby to publish this Ordinance in pamphlet form, pursuant to the Statutes of the State of Illinois, made and provided. SECTION 8: Should any Section or provision of this Ordinance be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof other than the part declared to be invalid. SECTION 9: This Ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. REMAINING OF PAGE INTENTIONALLY LEFT BLANK ON PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DUPAGE, ILLINOIS, on this 26th day of November, 2012. PRESIDENT AND VILLAGE BOARD MEMBERS: AYES Debby Blatzer Paul Chialdikas Clifford Miklos Ron Stapleton �- Rick Sniegowski Jeanette Virgilio ATTEST: CHARLENE M. SMOLLEN Village Clerk i; NAYS: ABSENT 7 ABSTAIN N K. REAVES President