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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a previous license issued by the State, any other state, or subdivision thereof, or by the Federal Government has been revoked and the reasons thereof."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 - 2 - 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 - 3 - 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. - 4 - 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; - 5 - 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: - 7 - 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. - 10 - 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 - 11 -