O-89-54ORDINANCE NO. 0 -89 -54
AN ORDINANCE AMENDING ARTICLE 1 OF CHAPTER 3
OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK
COUNTIES, ILLINOIS, AS FOLLOWS:
SECTION That Subsection (5) of Section 3 -4, entitled
ONE: "Application requirements and application
fees ", of Chapter 3 of the Municipal Code
of the Village of Deerfield of 1975, as amended, be and the
same is hereby further amended by deleting said Subsection
in its entirety.
SECTION That Subsection (9) of Section 3 -4, entitled
TWO: "Application requirements and application
fees ", of Chapter 3 of the Municipal Code
of the Village of Deerfield of 1975, as amended, be and the
same is hereby further amended by deleting said Subsection
in its entirety and substituting in lieu thereof, the following:
"(9) Whether a previous license issued by the State,
any other state, or subdivision thereof, or by
the Federal Government has been revoked and the
reasons thereof."
SECTION
THREE:
of Deerfield of
further amended
and substituting
That Subsection (12) of Section 3 -5, entitled
"Restrictions on issuance of licenses ", of
Chapter 3 of the Municipal Code of the Village
1975, as amended, be and the same is hereby
by deleting said Subsection in its entirety
in lieu thereof, the following:
11(12) A person who does not own the premises for
which a license is sought, or does not have a lease
thereon for the full period for which the license
is to be issued."
SECTION That Section 3 -8, entitled "Classes of Licenses ",
FOUR: of Chapter 3 of the Municipal Code of the
Village of Deerfield of 1975, as amended,
be and the same is hereby further amended by deleting the requirements
for Class F licenses and substituting in lieu thereof, the
following:
ORDINANCE NO. 0 -89 -54
AN ORDINANCE AMENDING ARTICLE 1 OF CHAPTER 3
OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD
"CLASS F, which shall authorize the retail sale
of alcoholic liquor by the drink by religious,
charitable, fraternal or other not for profit organiza-
tions, for periods not in excess of forty -eight
(48) hours. All applications for a Class F license
shall state the names and addresses of the two
(2) 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.
At least one officer of the organization must be
a resident of the Village 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 four (4) Class
F licenses in any calendar year."
SECTION That Section 3 -8A, entitled "Fees ", of Chapter
FIVE: 3 of the Municipal Code of the Village of
Deerfield of 1975, as amended, be and the
same is hereby further amended by deleting Section 3 -8A in
its entirety and substituting in lieu thereof, the following:
"Sec.3 -8A Fees.
The annual license fees for the various classes
of liquor licenses shall be as follows:
Class
A
$2,000.00
Class
B
750.00
Clsas
BB
1,000.00
Class
C
11000.00
Class
D
1,500.00
Clsas
D -1
500.00
Class
D -2
3,000.00
Class
E
2,500.00
Class
F, per event
25.00
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ORDINANCE NO. 0 -89 -54
AN ORDINANCE AMENDING ARTICLE 1 OF CHAPTER 3
OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD
Wine tasting permit (per special permit)
not to exceed 4 per year, available only
to Class A and Class B license holders
upon proper application 50.00
Class G
Class H
per tasting
3,000.00
750.00
Fees for all liquor licenses, except Class F, which
are issued on or after July lst, shall be prorated
on a semi - annual basis."
SECTION That Section 3 -10, entitled "Renewal of Licenses ",
SIX: of Chapter 3 of the Municipal Code of the
Village of Deerfield of 1975, as amended,
be and the same is hereby further amended by deleting Section
3 -10 in its entirety and substituting in lieu thereof, the
following:
"Sec. 3 -10. Renewal of Licenses.
Any licensee may renew his license at the expiration
thereof, provided that he is then qualified to
receive a license and the premises for which such
renewal license is sought are suitable for the
purposes. In addition, the renewal privilege herein
provided for shall not be construed as a vested
right which shall in any case prevent the President
from decreasing the number of licenses to be issued
within his jurisdiction or examining the application
for renewal as provided for in Section 3 -4 hereof."
SECTION
SEVEN:
of 1975, as amen
by deleting said
and substituting
That Subsections (2) and (3) of Section 3 -11,
entitled "Closing Hours ", of Chapter 3 of
the Municipal Code of the Village of Deerfield
3ed, be and the same is hereby further amended
Subsections (2) and (3) in their entirety
in lieu thereof, the following:
"(2) Sell, offer for sale or give away alcoholic
liquor for consumption on the premises between
the hours of 1 a.m. and 6 a.m. on each day of the
week, except on New Year's Eve when such sales
shall be permitted to continue until 2 a.m. except
in the case of any licensees who shall have received
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ORDINANCE NO. 0 -89 -54
AN ORDINANCE AMENDING ARTICLE 1 OF CHAPTER 3
OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD
a notice of violation of any of the provisions
of this Chapter from the Local Liquor Commissioner
during the current license year;
(3) Keep open for business or to admit to the
public to any premises in or on which alcoholic
liquor is sold at retail during the hours within
which the sale of such alcoholic liquor is prohibited;
provided, that restaurant, club and hotel establishments
may be kept open during such hours but no alcoholic
liquor may be sold to or consumed by the public,
employees or the membership during such hours."
SECTION That Subsection (a) of Section 3 -17, entitled
EIGHT: "Employees to be free of certain diseases ",
of Chapter 3 of the Municipal Code of the
Village of Deerfield of 1975, as amended, be and the same is
hereby further amended by deleting said Subsections (a) in
its entirety and substituting in lieu thereof, the following:
"(a) No person shall employ in any premises used
for the sale of alcoholic liquor any person who
is afflicted with, or who is a carrier of, any
contagious or infectious diseases."
SECTION That Section 3 -18, entitled "Restrictions;
NINE: serving and drinking alcoholic liquor ", of
Chapter 3 of the Municipal Code of the Village
of Deerfield of 1975, as amended, be and the same is hereby
further amended by deleting said Section in its entirety and
substituting in lieu thereof, the following:
"Sec. 3 -18 Restrictions; serving and.drinking alcoholic
liquor.
(a) No person shall serve, or drink, any alcoholic
liquor in any restaurant, dining room, lunch room,
bowling alley or other place of public resort in
the Village, other than one where the sale of alcoholic
liquor for consumption on the premises is permitted
under license and said service takes place during
the hours permitted by the license.
(b) No person shall drink any alcoholic liquor
in any public street, alley, parkway, driveway
or parking lot in the Village.
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ORDINANCE NO. 0 -89 -54
AN ORDINANCE AMENDING ARTICLE 1 OF CHAPTER 3
OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD
(c) No person shall consume or be in possession
of any alcoholic liquor on licensed premises other
than that alcoholic liquor sold and dispensed by
the licensee. The licensee or his agent shall
have the authority to order the immediate removal
of any alcoholic liquor carried onto licensed premises
in violation of this section.
(d) Consumption of alcoholic liquor shall be restricted
to designated serving areas of the licensed premises,
and may not be carried into or consumed in other
areas, parking lots or adjoining property."
SECTION That Section 3 -18B, entitled "Happy hours
TEN: prohibited" be added as a new Section of Chapter
3 of the Municipal Code of the Village of
Deerfield of 1975, as follows:
"Sec. 3 -18B. Happy hours prohibited.
(a) All retail licensees shall maintain a schedule
of the prices charged for all drinks of alcoholic
liquor to be served and consumed on the licensed
premises or in any room or part thereof. Whenever
• hotel or multi -use establishment which holds
• valid retailer's license operates on its premises
more than one establishment at which drinks of
alcoholic liquor are sold at retail, the hotel
or multi -use establishment shall maintain at each
such establishment 'a separate schedule of the prices
charged for such drinks at that establishment.
(b) No retail licensee or employee or agent of
such licensee shall:
(1) Serve 2 or more drinks of alcoholic liquor
at one time to one person for consumption by that
one person, except selling or delivering wine by
the bottle or carafe;
(2) Sell, or offer to sell or serve to any
person an unlimited number of drinks of alcoholic
liquor during any set period of time for a fixed
price, except at private functions not open to
the general public;
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ORDINANCE NO. 0 -89- 54
AN ORDINANCE AMENDING ARTICLE 1 OF CHAPTER 3
OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD
(3) Sell, offer to sell or serve any drink of
alcoholic liquor to any person on any one date
at a reduced price other than that charged other
purchasers of drinks on that day where such reduced
price is a promotion to encourage consumption of
alcoholic liquor except as authorized in paragraph
(7) of subsection (c);
(4) Increases the volume of alcoholic liquor
contained in a drink, or the size of a drink of
alcoholic liquor, without increasing proportionately,
the price regularly charged for the drink on that
day;
(5) Encourage or permit, on the licensed premises,
any game or contest which involves drinking alcoholic
liquor or the awarding of drinks of alcoholic liquor
as prizes for such game or contest on the licensed
premises; or
(6) Advertise or promote in any way, whether
on or off the licensed premises, any of the practices
prohibited under paragraphs (1) through (5).
(c) Nothing in subsection (b) shall be construed
to prohibit a licensee from:
(1) Offering free food or entertainment at
any time;
(2) Including drinks of alcoholic liquor as
part of a meal package;
(3) Including drinks of alcoholic liquor as
part of a hotel package;
(4) Negotiating drinks of alcoholic liquor
as part of a contract between a hotel or multi -use
establishment and another group for the holding
of any function, meeting, convention or trade show;
(5) Providing room service to persons renting
rooms at a hotel;
ORDINANCE NO. 0 -89 -54
AN ORDINANCE AMENDING ARTICLE 1 OF CHAPTER 3
OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD
(6) Selling pitchers (or the equivalent, including
but not limited to buckets), carafes, or bottles
of alcoholic liquor which are customarily sold
in such manner and delivered to 2 or more persons
at one time; or
(7) Increasing prices of drinks of alcoholic
liquor in lieu of, in whole or in part, a cover
charge to offset the cost of special entertainment
not regularly scheduled.
(d) A violation of this Act shall be grounds for
suspension or revocation of the retailer's license
as provided herein."
SECTION That Section 3 -19, entitled "Location restrictions;
ELEVEN: exceptions. ", of Chapter 3 of the Municipal
Code of the Village of Deerfield of 1975,
as amended, be and the same is hereby further amended by deleting
said Section in its entirety and substituting in lieu thereof,
the following:
"Sec. 3 -19. Location restrictions; exceptions.
No license shall be issued for the sale at retail
of any alcoholic liquor within one hundred feet
(100') of any church or school; provided, that
this prohibition shall not apply to clubs, restaurants,
food shops or other places where the sale of alcoholic
liquor is not the principal business carried on,
if such place of business not exempt shall have
been established for such purpose prior to the
taking effect of this Chapter; nor to the renewal
of a license for the sale of alcoholic liquor on
premises within one hundred feet (100') of any
church where such church has been established within
such one hundred feet (10') since the issuance
of the original license."
SECTION That Subsection (c) of Section 3 -22, entitled -
TWELVE: "Sales to minor prohibited ", of Chapter 3
of the Municipal Code of the Village of Deerfield
of 1975, as amended, be and the same is hereby further amended
by deleting said Subsection (c) in its entirety and substituting
in lieu thereof, the following:
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ORDINANCE NO. 0 -89 -54
AN ORDINANCE AMENDING ARTICLE 1 OF CHAPTER 3
OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD
"(c) In every place in the Village where alcoholic
liquor is sold there shall be displayed at all
times in a prominent place a printed card which
shall be supplied by the Clerk and which shall
read substantially as follows:
WARNING TO MINORS
You are subject to fine up to Five Hundred
Dollars ($500.00) under the ordinances of
the Village of Deerfield if you purchase alcoholic
liquor or misrepresent your age for the purpose
of purchasing or obtaining alcoholic liquor."
SECTION That Subsection (b) of Section 3 -23, entitled
THIRTEEN: "Purchase or acceptance of gift of liquor
by person of non -age; identification cards;
exception ", of Chapter 3 of the Municipal Code of the Village
of Deerfield of 1975, as amended, be and the same is hereby
further amended by deleting said Subsection (b) in its entirety
and substituting in lieu thereof, the following:
"(b) If a licensee or his agents or employees believes
or has reason to believe that a sale or delivery
of alcoholic liquor is prohibited because of the
non -age of the prospective recipient, he shall,
before making such sale or delivery demand presentation
of some form of positive identification, containing
proof of age, issued by a federal, state, county,
or municipal government, or subdivision or agency
thereof, including, but not limited to, a motor
vehicle operator's license, a registration certificate
issued under the Federal Selective Service Act,
or an identification card issued to a member of
the Armed Forces. In addition, the licensee shall
also demand a second form of positive identification
which confirms the authenticity of the first.
For the purpose of preventing the violation of
this section, any licensee or his agent or employee,
may refuse to sell or serve alcoholic liquor to
any person who is unable to produce adequate written
evidence of age and identity."
ORDINANCE NO. 0 -89 -54
AN ORDINANCE AMENDING ARTICLE 1 OF CHAPTER 3
OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD
SECTION That Section 3 -23, entitled
FOURTEEN: of gift of liquor by person
cards; exception ", of Chapt
Code of the Village of Deerfield of 1975, as
the same is hereby further amended by adding
follows:
"Purchase or acceptance
of non -age; identification
ar 3 of the Municipal
amended, be and
Subsection (g)
"(g) No person shall rent a hotel or motel room
from the proprietor or agent thereof where such
room shall be used for the consumption of alcoholic
liquor by persons under the age of 21 years."
SECTION That Section 3 -24, entitled "Sales to intoxicated
FIFTEEN: persons, habitual drunkards and mentally ill
persons prohibited ", of Chapter 3 of the Municipal
Code of the Village of Deerfield of 1975, as amended, be and
the same is hereby further amended by deleting said Section
in its entirety and substituting in lieu thereof, the following:
"Sec. 3 -24. Sales to intoxicated persons, persons
under legal disabilility or in need of mental treatment.
No licensee nor any officer, associate, member,
representative, agent or employee of an alcoholic
liquor license dealer shall sell, give or deliver
alcoholic liquor to any intoxicated person or to
any person known by him or her to be under legal
disability or in need of mental treatment."
SECTION . That Section 3 -25, entitled "Gambling on premises
SIXTEEN: prohibited ", of Chapter 3 of the Municipal
Code of the Village of Deerfield of 1975,
as amended, be and the same is hereby further amended by deleting
said Section in its entirety and substituting in lieu thereof,
the following:
"Sec. 3 -25. Gambling on premises prohibited.
There shall be no card games or gambling allowed
on any premises licensed to sell alcoholic liquor,
except for those which have been issued a permit
from the Illinois Department of Revenue."
ORDINANCE NO. 0 -89 -54
AN ORDINANCE AMENDING ARTICLE 1 OF CHAPTER 3
OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD
SECTION That Section 3 -30, entitled "Solicitation
SEVENTEEN:for prostitution and purchase of alcoholic
beverages on premises forbidden ", of Chapter
3 of the Municipal Code of the Village of Deerfield of 1975,
as amended, be and the same is hereby further amended by deleting
said Section in its entirety and substituting in lieu thereof,
the following:
"Sec. 3 -30. Solicitation for prostitution and
purchase of alcoholic beverages on premises forbidden.
No holder of a liquor license, his agent or employee
shall allow, permit, or suffer to remain on his
premises any person who shall solicit for herself /himself
or for others for prostitution, or solicit any
patron to purchase alcoholic beverages."
SECTION That Section 3 -31, entitled "Report by corporate
EIGHTEEN: licensee of internal changes to Local Liquor
Control Commissioner ", of Chapter 3 of the
Municipal Code of the Village of Deerfield of 1975, as amended,
be and the same is hereby further amended by deleting said
Section in its entirety and substituting in lieu thereof, the
following:
"Sec. 3 -31. Report by corporate licensee of internal
changes to Local Liquor Control Commissioner.
All corporations licensed under this Chapter shall
report to the Local Liquor Control Commissioner
within thirty (30) days, all internal changes in
such corporation pertaining to the persons whose
names are indicated on the liquor license application.
SECTION That the Village Clerk is hereby directed
NINETEEN: to publish this Ordinance in pamphlet
form.
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ORDINANCE NO. 0 -89 -54
AN ORDINANCE AMENDING ARTICLE 1 OF CHAPTER 3
OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD
SECTION That this Ordinance shall be in full force
TWENTY: force and effect from and after its passage,
approval and publication, as provided by
law.
AYES: Marovitz, Marty, Rosenthal, Seidman, Swanson, York (6)
NAYS: None (0)
ABSENT: None (0)
PASSED this2nd day of October A.D., 1989.
APPROVED this 2nd day of October , A.D., 1989.
ATTEST:
VILOGE CLERK
VILLAGE PRESIDENT
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