O-23-10VILLAGE OF DEERFIELD
ORDINANCE NO. 2023- 0-23-10
AN ORDINANCE AMENDING CHAPTER 3 OF
"THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD, ILLINOIS, 1975,"
AS AMENDED, TO CREATE A NEW CLASS L LIQUOR LICENSE TO ALLOW FOR
PRODUCT SAMPLING AND REGULATIONS RELATED THERETO,
AND TO INCREASE THE NUMBER OF CLASS A LIQUOR LICENSES
WHEREAS, Chapter 3 of the "The Municipal Code of the Village of Deerfield,
Illinois, 1975", as amended ("Village Code'), regulates the sale and consumption of
alcoholic liquor in the Village; and
WHEREAS, Garfields Beverage Warehouse DF LLC, d/b/a Garfield's Beverage
Warehouse ("Applicant') desires to open a liquor store and allow customers to consume
samples and purchase alcoholic liquor for consumption on the premises ("Product
Sampling'); and
WHEREAS, Applicant has requested the Village to amend its liquor regulations to
allow Class A liquor license holders to provide Product Sampling; and
WHEREAS, the Village desires to amend Chapter 3 ("Liquor Regulations') of the
Village Code to: (i) create a new class of liquor license to allow for Product Sampling; (ii)
adopt regulations to govern Product Sampling; and (iii) increase the number of available
Class A and Product Sampling liquor licenses; and
WHEREAS, the Village Board has determined that it will serve and be in the best
interests of the Village and its residents to amend the Liquor Regulations pursuant to this
Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows:
SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and
made a part of, this Ordinance as findings of the Village Board.
SECTION TWO: AMENDMENT TO SECTION 3-8 OF THE VILLAGE
CODE. Section 8, titled "Classes of Licenses," of Article 1, titled "Licensing and
Regulations," of Chapter 3, titled "Alcoholic Beverages," of the Village Code is hereby
amended and shall read as follows:
"Sec. 3-8. Classes of Licenses.
Every person, firm or corporation engaged in the retail sale of alcoholic liquor
in the Village shall possess a license of one of the following classes:
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fn Class L, which shall authorize and allow a �remis� with a
Class A license to sell or prayide on -site consumption of
alcoholic liquor to allow customers to sample the licensee's
inventory of alcoholic liquor provided that thepremises is: i
located in the C-2 Outlying Commercial District: and (ii) has
more than 4,000 square feet of space open to customers,
(nJo Class X, civic special events license, which shall authorize the retail
sale of alcoholic liquor at Village designated civic special events only
for consumption on the event premises or within such other area
within the event premises as specifically designated in such license.
The license shall be valid only for the duration of the specified civic
special event and shall be subject to such conditions as the Local
Liquor Commissioner or their designee may impose regarding the
conduct of the civic special event, including, without limitation, that
the licensee must provide the Village with written documentation, in a
form approved by the Village, that, if the licensee is someone other
than the Village, the licensee will indemnify, hold harmless, defend,
and insure the Village against any claims arising out of or relating to
the service of alcoholic liquor by the licensee at the civic special event.
(ep) CLASS Y, which shall authorize the retail sale of alcoholic liquor by
the drink by religious, charitable, fraternal or other not -for -profit
organizations, for periods not in excess of forty 48 hours. All
applications for a class Y license shall state the names and addresses
of the two highest ranking officers of the organization, the address of
the premises upon which the sale of alcoholic liquor will be made, the
estimated attendance upon the premises during the period of the
license and whether such sales will be made to the public or only to
bona fide members of the organization for which the license is
requested.
Satisfactory evidence from the owner of the premises shall be
furnished showing the authorization to the applicant for the use of
said premises, including the sale of alcoholic liquor, for the period for
which the license is requested. No applicant may apply for more than
four class Y licenses in any calendar year."
SECTION THREE: AMENDMENT TO SECTION 3-9 OF THE VILLAGE
CODE. Section 9, titled "Classes of Licenses," of Article 1, titled "Licensing and
Regulations," of Chapter 3, titled "Alcoholic Beverages," of the Village Code is hereby
amended and shall read as follows:
"Sec. 3-9. Number Of Licenses:
There shall be issued in the Village no more than the following number of
licenses issued in the following classes:
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Class A
-34
Class B
1
Class C
4
Class D
2
Class D-1
0
Class D-2
1
Class E 9
Class F 4
Class G 1
Class H 1
Class I 2
Class J 1
Class K No Limit
Class L 1
Class X No Limit
Class Y No Limit
The table in this Section shall be kept current and any time any license
expires, terminates, is revoked, not renewed, or abandoned, the number of
licenses in the applicable class in the table above shall automatically be
reduced by one without requiring further action by the Village Board."
SECTION FOUR: AMENDMENT TO CHAPTER 3 OF THE VILLAGE CODE
TO ADOPT PRODUCT SAMPLING REGULATIONS. Article 1, titled, "Licensing and
Regulations," of Chapter 3, titled "Alcoholic Beverages," of the Village Code is hereby
amended to add a new Section 3-34, titled "Product Sampling of Alcoholic Liquor," which
shall read as follows:
"Sec. 3-34. Product Sampling of Alcoholic Liquor:
The following regulations shall apply to on_ -site consumption_ and
sales of alc holic li uor by Class L licensees:
A. Molders of a Class L license shall be permitted to sell and have
customers consume alcoholic liquor on the premises only in
the area of the premises that is designated and approved for
the sampling of products.
B. Holders of a Class L license h ll be permitted to sell and have
customers consume on the premises alcoholic liquor provided
that: [i] the licensee offers that same alcoholic liquor for retail
ale in its original and unopened package for off -site
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consumption; oalcoholic liquor provided for on -site
c n m i n is a limited and apecial offering from the
licensee's distributors
C. Any licensee that has a Class L license must have a _limits
food menu vailable at all times whileh license allows or
offers for sale alcoholic liquor for on -site consumption, which
menu may consist of pre -pa-- agcd. foods and must be approved by by the Village Manager.
D. A Class L licensee m not sell or offer h lic liquQr for
consu=tion on -premises between the hours of 9:00 p.m. and
11:00 a.m."
SECTION FIVE: AMENDMENT TO SECTION 3-34 OF THE VILLAGE
CODE. Section 3-34, titled "Revocation or Suspension of Liquor License," of Article 1,
titled, "Licensing and Regulations," of Chapter 3, titled "Alcoholic Beverages," of the Village
Code is hereby amended and shall read as follows:
"Sec. 3-34 3-35. Revocation Or Suspension Of Liquor License:
The Local Liquor Commissioner may suspend for not more than 30 days or
revoke for cause any liquor license issued pursuant to this Chapter for any
violation of any provision pertaining to the sale of alcoholic liquor, as
provided in this Chapter and in the manner provided in 235 ILCS 5/7-5."
SECTION SIX: PUBLICATION. The Village Clerk is hereby directed to
publish this Ordinance in pamphlet form pursuant to the Statutes of the State of Illinois.
SECTION SEVEN: EFFECTIVE DATE. This Ordinance will be in full force and
effect after its passage and approval in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
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AYES: Benton, Berg, Jacoby, Oppenheim, Seiden
NAYS: None
ABSENT: Metts-Childers
PASSED: April 17, 2023
APPROVED: April 17, 2023
ORDINANCE NO. 0-23-10 -
Daniel C., Shapiro, Mayor
ATTES .
(5.
Kent S. §treet, Village Clerk
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