O-16-16VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -16 -16
AN ORDINANCE AMENDING CHAPTER 3, ALCOHOLIC BEVERAGES,
OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD
TO CREATE THE CLASS O LICENSE CLASSIFICATION
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
18th day of ,l„ly .92016.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
18thday of July , 2016.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -16 -16
AN ORDINANCE AMENDING CHAPTER 3, ALCOHOLIC BEVERAGES,
OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD
TO CREATE THE CLASS O LICENSE CLASSIFICATION
WHEREAS, the Village of Deerfield is a home rule unit of local government pursuant to
the provisions of Article VII, Section 6 of the Illinois Constitution; and
WHEREAS, as a home rule unit of local government, the Village of Deerfield may
exercise any power and perform any function pertaining to its government and affairs, except as
limited in accordance with Article VII, Section 6 of the Illinois Constitution; and
WHEREAS, automobile convenience food shops are allowed in the C -2 Outlying
Commercial District under the Village of Deerfield Zoning Ordinance when granted a special use;
and
WHEREAS, the owner of the Deerfield BP service station at 1460 Waukegan Road has
requested that the Village give favorable consideration to enacting a new liquor license
classification that would allow package beer and wine sales at automobile convenience food shops
in the C -2 District; and
WHEREAS, the corporate authorities of the Village of Deerfield are of the opinion that a
modest amount of package beer and wine sales at an automobile convenience food shop
established as a special use within the C -2 Outlying Commercial District is a reasonable and
compatible use of such property; and
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WHEREAS, the corporate authorities of the Village of Deerfield are of the further opinion
that permitting package beer and wine sales from automobile convenience food shops will
strengthen the economic position of such businesses and help secure the public service provided
by gasoline stations with automobile convenience food shops to citizens of the Village of
Deerfield; and
WHEREAS, the corporate authorities of the Village of Deerfield have determined that the
public interest will be served by creating a liquor license classification as provided in this
Ordinance that would allow automobile convenience food shops within the C -2 Outlying
Commercial District to offer and engage in package beer and wine sales from a limited part of the
automobile convenience food shop premises, while preserving the sale of automobile service, fuel
and non - alcoholic convenience food and sundry items as the primary use of the property;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS,
in the exercise of its home rule powers, as follows:
SECTION 1: That Section 3 -8 ("Classes of Licenses ") of Chapter 3 ( "Alcoholic
Beverages ") of the Municipal Code of the Village of Deerfield is hereby amended to add the
following:
CLASS O, which shall authorize the retail sale and delivery on the specified license
premises, but not through a drive through or walk -up window, of beer and wine in
its original package and not for consumption on the premises where sold. The
premises of a Class O license shall mean an automobile convenience food shop as
defined in the Zoning Ordinance of the Village of Deerfield located within the C -2
Outlying Commercial District and containing not less than 1,100 square feet of
floor area.
The retail floor area of a Class O license premises that may be devoted to display
and sale of beer and wine is limited to:
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1. A display area not exceeding twenty -five (25) square feet of floor
area, and
2. A refrigerated cooler display area that is limited to display of beer
and wine only, with not more than eleven (11) linear feet of display
frontage, and located in rear of the building away from the public
entrance to the convenience store, and
3. All displays must be located in the rear half of the building and
within sight of the cash register.
SECTION 2: That the annual fee resolution of the Village of Deerfield be and the same is
hereby amended to add the following as the annual license fee for Class O liquor licenses:
Municipal Code
Classification Reference
(A) Alcoholic 3 -8
Beverages
Fee for
Description FY 2016
Class O - Annual $1,000.00
SECTION 3: That Section 3 -9 ( "Number of Licenses ") of Title 3 ( "Alcoholic Beverages ")
of the Municipal Code of the Village of Deerfield is hereby amended to provide that the number
of Class O liquor licenses currently authorized in the Village is "one (1)."
SECTION 4: That this Ordinance, and each of its terms, shall be the effective legislative
act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms
contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a
manner or regarding a matter not delegated to municipalities by state law. It is the intent of the
corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance
should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law
in that regard within its jurisdiction.
[This Space Left Blank Intentionally]
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SECTION 5: That this Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form as provided by law.
PASSED this 18th dayof July 2016.
AYES: Farkas, Jester, Nadler, Seiden, Struthers
NAYS: None
ABSENT: Shapiro
ABSTAIN: None
APPROVED this 18th day of July 2016.
ATTEST:
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T
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Village President