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O-08-23VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-08-Z,3' AN ORDINANCE AMENDING CHAPTER 3, ALCOHOLIC BEVERAGES, OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD TO CREATE THE CLASS J LICENSE CLASSIFICATION Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 16t day of June , 2008. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 16th day of June , 2008. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -08 -23 AN ORDINANCE AMENDING CHAPTER 3, ALCOHOLIC BEVERAGES, OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD TO CREATE THE CLASS J LICENSE CLASSIFICATION WHEREAS, Renu Day Spa, a business involved in the delivery of spa, salon and personal cosmetic services to customers on its premises, has requested that the Village authorize the limited sale and delivery of alcoholic beverages to salon customers receiving or waiting to receive manicures, massages and other personal cosmetic services; and, WHEREAS, beauty parlors, spas, nail salons, and similar personal cosmetic establishments principally provide customers with personal cosmetic services, but incidentally also serve to provide a social outlet for customers of such establishments; and, WHEREAS, corporate authorities of the Village of Deerfield are of the opinion that the limited service of alcoholic beverages by the drink to customers of such personal cosmetic establishments may serve to enhance the social experience of individual customers and to improve the business climate in the Village for beauty parlors, spas and personal cosmetic establishments, provided that the service of alcoholic beverages in such establishments may only be offered incidental to the principal business of providing beauty, spa and personal cosmetic services to customers, is limited to those establishments that receive a Class J liquor license under Chapter 3 of the Municipal Code of the Village of Deerfield as hereby amended, and remains strictly controlled under the alcoholic liquor control regulations 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, in the exercise of its home rule powers, as follows: SECTION 1: That Section 3 -8, entitled "Classes of Licenses," of Chapter 3 of the Municipal Code of the Village of Deerfield is hereby amended to add the following: CLASS J, which shall authorize the retail sale and delivery of alcoholic liquor by the drink to customers of beauty shops, spas, salons and personal cosmetic establishments, exclusively as an adjunct to a principal beauty shop, spa, salon or personal cosmetic business, strictly incidental to the customer's receipt of personal beauty and cosmetic services, and for consumption on the personal cosmetic establishment premises only. The retail sale of alcoholic liquor by the drink pursuant to a Class J license is expressly subject to the following further conditions: The retail sale of alcoholic liquor to a customer of the personal cosmetic establishment is limited to one drink per hour, and no customer shall be served more than two alcoholic beverages during the permitted hours of retail sale of alcoholic liquor during any single calendar day. 2. No live entertainment of any nature is permitted on the licensed premises. 3. No window sign or any other signage visible from the outside of the business is permitted on the licensed premises or on surrounding property that indicates that alcoholic liquor is available for retail sale or delivery on the premises. 4. No person holding a Class J license issued pursuant to this Chapter shall sell, offer, deliver, or permit to be sold, offered for sale, given away or delivered, any alcoholic liquor except between the hours of 11:00 a.m. and 9:00 p.m. Monday through Saturday. SECTION 2: That Section 3 -8A, entitled "Fees," of Title 3 of the Municipal Code of the Village of Deerfield is hereby amended to establish a Seven Hundred and Fifty Dollar ($750) annual license fee for Class J liquor licenses. SECTION 3: That Section 3 -9, entitled "Number of Licenses," of Title 3 of the Municipal Code of the Village of Deerfield is hereby amended to provide that the number of Class J liquor licenses currently authorized in the Village is "None (0)." 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. 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 16th day of June , 2008. AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 16th ATTEST: i �� , �- Vtllage � ` day of _ �nno -3-