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O-76-31ORDINANCE NO. 0 -76 -31 AN ORDINANCE AMENDING CHAPTER 15 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1963 Published in pamphlet form this 16th day of June 1976, by the President and Board of Trustees of Deerfield. I ORDINANCE NO. 0 -76 -31 AN ORDINANCE AMENDING CHAPTER 15 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1963 BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIES, AS FOLLOWS: SECTION That Section 15.001 of Chapter 15 of the Muni - ONE: cipal Code of the Village of Deerfield of 1963, as amended, be and the same is hereby further amended by adding and /or substituting the following to the definitions contained therein: Alcoholic Liquor: Includes alcohol, spirits, wine, beer and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being con- sumed as a beverage by a human being. The provisions of this ordinance shall not apply to any liquid or solid containing 1/2 of 1% of alcohol by volume or less, or to liquids or solids containing in excess of 1/2 of 1% of alcohol by volume if dispensed_by a licensed pharmacy pursuant to a medical prescription. Beer: Means a beverage obtained by the alcoholic fermen- t on of an infusion or concoction of barley or other grain, malt, and hops in water and includes, among other things, beer, ale, stout, lager beer, porter and the like. Sale: Means any transfer, exchange or barter in any manner or ^6y any means whatsoever and includes all sales made by any person, whether principal, proprietor, agent, servant or employee. To Sell: Includes to keep or expose for sale and to keep wit intent to sell. Wine: Means any alcoholic beverage obtained by the fermen- t is on of the natural contents of fruits or vegetables containing sugar, including such beverages when fortified by the addition of alcoholic liquor as.above defined. Legal Age: Is the minimum age designated by law of a person to whom it is lawful to sell, give or deliver a particular type of alcoholic liquor. SECTION That Section 15.008 of Chapter 15 of the Muni - TWO— cipal Code of'the Village of Deerfield of 1963, as amended, is hereby amended by striking said Section in its entirety and substituting in lieu thereof the following: "15.008 CLASSES OF LICENSES.) Every person, firm or corporation engaged in the retail sale of alcoholic liquor in the Village of Deerfield shall possess a license of one of the following classes: CLASS A, which.shall authorize the retail sale of alco- holic liquor in original package not for consumption on the premises where sold. The liquor commissioner, upon application of the holder of a Class A license, may authorize such licensee to give away wine for tasting purposes only on the licensed premises subject to all of the terms and conditions set out in Section 15.020A. CLASS B, which shall authorize the retail sale of beer and /or wine in original package not for consumption on the premises where sold. The liquor commissioner, upon application of the holder of a Class B license, may authorize such licensee to give away wine for tasting purposes only on the licensed premises subject to all of the terms and conditions set out in Section 15.020A. CLASS C. which shall authorize the retail sale of beer and wine for consumption on the premises exclusively with and incidental to the regular preparation and ser- vice of meals to the licensee's customers. CLASS D, which shall authorize the retail sale of alco- holic liquor by a club to its members for consumption on the club premises; and which shall also authorize the retail sale of alcoholic liquor for consumption, in the public and private rooms of the club for privately spon- sored parties, lunches, dinners, receptions and similar gatherings where attendance is limited to invited guests. CLASS D -1, which shall authorize the retail sale of alcoholic liquor by the drink to its members by a religious, charitable, fraternal or other not - for - profit organization other than clubs as defined herein, and which shall also authorize the retail sale of alcoholic liquor for consumption, in the public and private rooms of the organization for privately sponsored parties, lunches, dinners, receptions and similar gatherings where attendance is limited to invited guests. Use of the licensed premises by the licensee or for private, non - organization functions shall not exceed ten (10) events in any single month and written notification of the intended use of the licensed premises for such purpose shall be given to the Village of Deerfield Police Department prior to the first day of the month in which any such event is to occur. CLASS E, which shall authorize the retail sale by restau- rants, as defined in Section 15.001, as amended, of alcoholic liquor by the drink for consumption on the premises by customers of the restaurant, and which shall also authorize the retail sale of alcoholic liquor for consumption, in the public and private rooms of the restaurant for privately sponsored parties, lunches, dinners, receptions and similar gatherings where atten- dance.is limited to invited guests. CLASS F, 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 48 hours. All applications for a Class F license shall state the names and addresses of all 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. At least one officer of the organization must be a resi- dent of the Village of Deerfield and must sign the license application. 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 4 Class F licenses in any calendar year." SECTION THREE: That Chapter 15 of the Municipal Village of Deerfield of 1963, as hereby further amended by adding Section 15.008A: Code of the amended, is the following "15.008A FEES.) The annual license fees for the various Classes of liquor licenses shall be as follows: Class A $1,500.00 Class B 750.00 Class C 750.00 Class D 1,500.00 Class D -1 500.00 Class E 2,500.00 Class F, per event 25.00 Wine tasting permits (per Special Permit) not to exceed 4 per year, available only to Class A and Class B license holders upon proper application $50.00 per wine tasting" SECTION That Section 15.009 of Chapter 15 of the Mun- FOUR: cipal Code of the Village of Deerfield of 1963, as amended, be and the same is hereby amended by striking said Section in its entirety and substituting in lieu thereof as follows: "15.009 NUMBER OF LICENSES.) There shall be issued in the Village of Deerfield no more than the following number of licenses in each of the following license classifications to be in effect at one time. Class A Four (4) Class B None (0) Class C Two (2) Class D One .(1) Class D -1 None (0) Class E Three (3) Class F None (0)" SECION That Chapter 15 of the Municipal Code of the FIVE: Village of Deerfield of 1963, as amended, is hereby further amended by adding the following Section 15.020A: "Section 15.020A GIVE AWAY PROHIBITED.) It shall be un- lawful for any person to give away or otherwise dispense free of charge, by the drink or in any other manner, within the Village, an alcoholic beverage with the intent of pro- moting the sales of an alcoholic beverage, except that the giving away by a Class A or Class B licensee, without charge, of wine in small and limited amounts for tasting purposes only, immediately prior and incident to, the sales of wine in the original package for consumption off the premises shall not be considered a violation of this section. Such give -away, however, shall be subject to the following conditions and limitations: (a) the tasting shall be attended and supervised by a full -time employee and only in a designated area on the licensed premises as approved by the liquor commissioner and designated in the license; (b) the actual amount of wine tasted by an indi- vidual may not exceed an ounce; and, (c) the sample shall be served in a container which shall be disposed of follow- ing the sampling. Furthermore, it is hereby declared unlawful to advertise the availability of "tasting" by advertising materials visible outside the licensed premises." SECTION That Chapter 15 of the Municipal Code of the SIX: Village of Deerfield of 1963, as amended, is hereby further amended by adding the following Section 15.023A: "Section 15.023A ADVERTISING.) It shall be unlawful for any holder of a retail liquor license to maintain any permanent sign or advertising materials visible from outside the licensed premises which direct atten- tion to specific products or brands of alcoholic liquor, beer or wine. All permitted signs or advertising materials shall be erected and maintained in conformity with Section XVII,B of the Zoning Ordinance of the Village of Deerfield." SECTION That all present licensees within the Village of SEVEN: Deerfield shall continue to hold valid licenses in their respective classes for the balance of the term of said licenses without the payment of any additional license fee. From and after the effective date hereof, and for the remainder of the license term, holders of 1976 liquor licenses of various classes shall be deemed holders of liquor licenses pursuant to this enactment as set forth below in their respective classifi- cations: 1976 Class A Licenses . . . . Class C Licenses 1976 Class B Licenses . . . . Class A Licenses 1976 Class C Licenses . . . . Class .D Licenses 1976 Class D Licenses . . . . Class E Licenses SECTION That the Village Clerk is hereby directed to EIGHT: publish this ordinance in pamphlet form. SECTION That all other ordinances or parts of ordinances NINE: in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION . That this ordinance shall remain in full force TEN: and effect from and after July 1, 1976. AYES: Blumenthal, Marty, Seidman, Stiehr, Swanson (5) NAYS: None (0) ABSENT: Gavin (1) PASSED this 8th day of June A.D., 1976. APPROVED this 16th day of ATTEST: &zh� 73 12.` VILLAGE CLERK June A.D., 1976.