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O-06-10 - Amending Chapter 5.04 Regarding Special Event Liquor LicensesVILLAGE OF LEMONT ORDINANCE 0 ( 70 AN ORDINANCE AMENDING CHAPTER 5.04 OF THE LEMONT MUNICIPAL CODE REGARDING SPECIAL EVENT LIQUOR LICENSES (Liquor - Special Events) ADOPTED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE QF LEMONT THIS DAY OF, 2010 Published in pamphlet form by Authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will 4nd DuPage, Illinois, this .1. day of/ x.11 ( , 2010. ORDINANCE 0 AN ORDINANCE AMENDING THE LEMONT MUNICIPAL CODE REGARDING SPECIAL EVENT LIQUOR LICENSES (Liquor - Special Events) BE IT ORDAINED BY THE Mayor and Village Board of the Village of Lemont, Lake County, Illinois, as Follows: SECTION 1: Section 5.04.080 of the LEMONT MUNICIPAL CODE is hereby amended to add a new Section 8 and to renumber the existing Sections 8 through 11 accordingly; delete subsection (A)(3) and renumber the remaining subsection of Section 10 -2C -3 as follows: 5.04.080 License -- Fees -- Classes of operators. 8. Class B -3. a. Class B -3 licenses shall authorize the sale at retail or delivery of alcoholic . liquor for consumption on the premises described in the license by an existing licensee; where such sales or delivery are not otherwise permitted for such licensee, but only for special events as approved by the Local Liquor Commissioner and not exceeding 3 consecutive days. b. The fee for a Class B -3 license shall be twenty -five dollars per day. SECTION 2: 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 3: 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 4: This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. (Remainder of this Page intentionally blank) PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT „COUNTIES OF COOK, WILL, AND DUPAGE, LLINOIS, on this ,a. day of / ;., , , 2010. ( PRESIDENT AND VILLAGE BOARD MEMBERS: Debby Blatzer Paul Chialdikas Clifford Miklos Rick Sniegowski Ronald Stapleton Jeanette Virgilio ATTEST: AYff S: NAYS: ABSENT: ABSTAIN - CHARLENE M. SMOLLEN Village Clerk BRIA . REAVES Village President 5.04.070 5. The amount of the applicant's antici- pated gross revenues from the sale of alco- holic liquor as compared with gross revenue from other sources within the proposed licensed premises; 6. The nature of entertainment, if any, which the applicant intends to provide; 7. The compliance of the premises with all ordinances of the village and specifically health, building, property, maintenance, housing, and fire safety ordinances; 8. Any moneys owed to the village, county or state by the applicant which have remained unpaid for a period of more than forty-five days, whether for bills, taxes, licenses or otherwise; 9. The number, class and type of li- censed premises within a one -mile radius of the proposed licensed premises, and within the village as a whole; 10. The zoning, general character of the surrounding neighborhood and the projected impact of the premises upon the surround- ing neighborhood and the village as a whole; 11. The law enforcement problems, if any, which would be created by the opening of the premises; 12. The recommendation of the commis- sioner. D. Post Hearing Action. After determi- nation by the commissioner, he /she shall so notify the applicant in writing within ten days of his/her action along with the rea- sons thereof. (Ord. 815 (part), 1994: Ord. 701 (part), 1991: Ord. 333 (part), 1974: prior code § 20.007) 5.04.071 License — Prerequisites for issuance. A. At the time set forth herein for the (Lemont 10 -94) 82 renewal of a retail liquor license, and in case of a successful new applicant, within ten days of notification of trustee action on the license application, the current licensee or the applicant shall present the following to the commissioner: 1. Evidence of dram shop insurance, in the form of a certificate of insurance issued by an insurance company licensed to do. business in the state of Illinois, insuring the applicant, and the owner or lessor of the premises, in at least the minimum amounts recoverable under the current Dram Shop Act. (Chapter 43, Illinois Revised Statutes, Paragraph 135 or its amendments); 2. Payments to the commissioner by means of a certified or cashier's check of the license fee for the class of license de- sired. B. After the applicant has fulfilled the requirements of subsection A of this section within the proscribed time period, the com- missioner shall issue the license. C. If the requirements of subsection A are not fulfilled within the time periods set forth therein, the applicant shall reapply. (Ord. 815 (part), 1994: Ord. 701 (part), 1992) 5.04.080 License — Fees molasses of operators. A. Every person, firm or corporation engaged in the retail sale of alcoholic liquor in the village shall pay an annual license fee. Such licenses shall be divided into the following classes: 1. Class A -1. a. Class A -1 licenses shall authorize the retail sale of alcoholic liquor for consump- tion on or off the premises, but shall not permit live entertainment upon the premises. b. The annual fee for a Class A -1 license shall be eight hundred dollars, payable in two installments of four hundred dollars each, the first installment of which shall be deposited with the application for a license, and the sec- ond installment of which shall be due and payable on the first day of May or the first day of November, whichever occurs first. 2. Class A -2. a. Class A -2 licenses shall authorize the retail sale of alcoholic liquor for consumption on or off the specified premises, and shall permit live entertainment on the premises. b. The annual fee for a Class A -2 license shall be one thousand dollars, payable in two installments of five hundred dollars each, the first installment of which shall be deposited with the application for a license, and the sec- ond installment to be due and payable on the first day of May or the first day of November, whichever occurs first. 3. Class A -3. a. Class A -3 licenses shall authorize the retail sale of alcoholic liquor for consumption on or off the specified premises and permit live entertainment on the premises, if the premises conforms to the requirements of a restaurant, as defined in Section 5.04.020 of this chapter. b. The annual fee for a Class A -3 license shall be one thousand dollars, payable in two installments of five hundred dollars each, the first installment of which shall be deposited with the application for a license, and the sec- ond installment to be due and payable on the first day of May or the first day of November, whichever occurs first. 4. Class A -4. a. Class A -4 licenses shall authorize the retail sale of beer and wine only, for consump- tion on or off the premises, if the premises are establishments which primarily serve meals 83 5.04.080 prepared in the kitchen of the establishment, having seating capacity for the service of meals at tables and /or counters for not less than fifty patrons at the same time. b. The annual fee for a Class A -4 license shall be five hundred dollars, payable in two installments of two hundred fifty dollars each, the first installment of which shall be depos- ited with the application for a license, and the second installment of which shall be due and payable on the first day of May or the first day of November, whichever occurs first. 5. Class A -5. a. Class A -5 licenses shall authorize the sale of intoxicating liquor for consumption on the premises, if the premises are not open to the general public and primarily serve meals prepared in the kitchen of the establishment, having seating capacity for the service of meals at tables and /or counters for not less than fifty patrons at the same time. b. The annual fee for a Class A -5 license shall be five hundred dollars, payable in two installments of two hundred fifty dollars each, the first installment of which shall be depos- ited with the application for a license and the second installment of which shall be due and payable on the first day of May or the first day of November, whichever occurs first. c. There shall be issued in the Class A -5 category not more than three licenses at any one time. 6. Class B -1. a. Class B -1 licenses shall authorize the sale at retail of alcoholic liquor by a bona fide social or fraternal organization or club organ- ized under the laws of the state of Illinois, and not for pecuniary profit, solely for the promo- tion of some common object other than the sale or consumption of alcoholic liquor to its members, their guests, and /or functions offi- cially sanctioned by the organization or club, (Lemont Supp. No. 5, 9 -07) 5.04.080 for consumption within the premises main- tained by the club. b. The annual fee for a Class B -1 license shall be four hundred dollars, payable in two installments of two hundred dollars each, the first installment of which shall be deposited with the application for a license, and the sec- ond installment to be due and payable on the first day of May or the first day of November, whichever occurs first. c. There shall be issued in the Class B -1 category not more than three licenses at any one time. 7. Class B -2. a. Class B -2 licenses shall authorize the sale at retail of alcoholic liquor by bona fide social, fraternal or charitable organizations only, and only on special occasions and only for consumption on the premises described in the license. b. The fee for a Class B -2 license shall be twenty -five dollars per day. 8. Class C -1. a. Class C -1 licenses shall permit the sale of alcoholic liquor for consumption off the premises only. b. The annual fee for a Class C -1 license shall be six hundred dollars, payable in two installments of three hundred dollars each, the first installment of which shall be deposited with the application for a license, and the sec- ond installment to be due and payable on the first day of May or the first day of November, whichever occurs first. 9. Class C -2. a. Class C -2 licenses shall authorize the retail sale of beer and wine only, and for con- sumption off the premises only. b. The annual fee for a Class C -2 license shall be six hundred dollars, payable in two installments of three hundred dollars each, the first installment of which shall be deposited (Lemont Supp. No. 5, 9 -07) 84 with the application for a license, and the sec- ond installment to be due and payable on the first day of May or the first day of November, whichever occurs first. c. There shall be issued in the Class C -2 category not more than one license at any one time. 10. Class C -3. a. Class C -3 licenses shall authorize the retail sale of alcohol if the principal business is the primary sale of alcohol off premises by mail or phone order with display room and periodic consumption on premises. Hours of operation for consumption or sale on premises shall be from nine a.m. to ten p.m. b. The annual fee for the Class C -3 li- cense shall be six hundred dollars payable in two installments of three hundred dollars each, the first installment of which shall be deposited with the application for a license, and the second installment to be due and pay- able on the first day of May or the first day of November, whichever occurs first. c. There shall be issued in the Class C -3 category no more than one license at any one time. 11. Class C -4. a. Class C -4 licenses shall authorize the retail sale of wine and beer for consumption off the premises. Consumption of wine on the premises shall be permitted, provided that the gross receipts for such on- premises consump- tion shall not exceed more than twenty -five percent of the total retail sales of the estab- lishment. Entertainment shall be permitted at limited special events. Hours of operation for consumption or sale on premises shall be from nine a.m. to ten p.m. b. The annual fee for the Class C -4 license shall be six hundred dollars payable in two in- stallments of three hundred dollars each, the first installment of which shall be payable upon 5.04.080 issuance of the license, and the second in- 5.04.100 Licenee— Fees— Paygne t stallment to be due and payable on the first and dispositio day of May or the first day of November, All such fees shall be paid to the village whichever occurs first. c. There shall be issued in the Class C -4 category no more than one license at any one time. B. Number of Licenses. There shall be issued in the Class A -1 and A -2 categories, together, not more than five at any one time; the number of Class A -3 licenses to be issued at any one time shall not exceed twelve, and the number of C -1 licenses to be issued at any one time shall not exceed six. (Ord. 0- 89 -07, 2007; Ord. 0- 61 -07, 2007; Ord. 0- 60 -07, 2007; Ord. 0- 50 -07, 2007; Ord. 0- 61 -06, 2006; Ord. 0- 22 -06, 2006; Ord. 0- 16 -06, 2006; Ord. 0- 12 -06, 2006; Ord. 0- 66 -05, 2005; Ord. 0- 46 -05, 2005; Ord. 0- 19 -04, 2004; Ord. 0- 76 -03, 2003; Ord. 0- 54 -03, 2003; Ord. 0- 45 -03, 2003; Ord. 0- 32 -03, 2003; Ord. 0- 15 -03, 2003; 0- 43 -01, 2001; Ord. 0- 44 -99, 1999; Ord. 0 -46 -98 (part), 1998; Ord. 0- 38 -98, 1998; Ord. 0- 25 -98, 1998; Ord. 887, 1995; Ord. 815 (part), 1994: Ord. 701 (part), 1991: . Ord. 550B, 1987; Ord. 521, 1985; Ord. 484, 1983; Ord. 373, 1977; Ord. 348, 1975; Ord. 333 (part), 1974: prior code § 20.008) 5.040090 License -- Term— Prorating of fees. Each such license shall terminate on the thirtieth day of April next following its issu- ance. The fee to be paid shall be reduced in proportion to the full calendar months which have expired in the year prior to the issuance of the license. (Ord. 815 (part), 1994: Ord. 701 (part), 1991: Ord. 333 (part), 1974: prior code § 20.006) 84 -1 (Lemont Supp. No. 6, 10 -08)