O-10-37VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -10 -37
AN ORDINANCE AMENDING SECTION 3 -11 OF THE
DEERFIELD MUNICIPAL CODE TO PERMIT CERTAIN DRUG AND
GROCERY STORES WITH LIQUOR SALES AREAS TO REMAIN OPEN
DURING HOURS WHEN ALCOHOLIC LIQUOR MAY NOT BE SOLD
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
6th day Of December , 2010.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
6th day of December , 2010.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -10 -37
AN ORDINANCE AMENDING SECTION 3 -11 OF THE
DEERFIELD MUNICIPAL CODE TO PERMIT CERTAIN DRUG AND
GROCERY STORES WITH LIQUOR SALES AREAS TO REMAIN OPEN
DURING HOURS WHEN ALCOHOLIC LIQUOR MAY NOT BE SOLD
WHEREAS, a Class B Special Use has been authorized to permit the Walgreen's retail drug
store at 780 Waukegan Road in the Deerfield Square Shopping Center to engage in the retail package
sale of beer and wine in an area of the drug store not to exceed two percent (2 %) of the total sales
floor area as an accessory use to a drug store; and,
WHEREAS, the corporate authorities of the Village of Deerfield have authorized an
additional Class B liquor license to be issued to permit the retail package sale of beer and wine at the
Walgreen's drug store pursuant to said Class B Special Use; and,
WHEREAS, the Walgreen's drug store at 780 Waukegan Road is open 24 hours a day for
the conduct of its principal business as a retail drug store, but will be prohibited pursuant to Section
3- 11(a)(1) of the Deerfield Municipal Code from engaging in the retail package sale of beer and wine
between the hours of 11 o'clock p.m. and 6 o'clock a.m. on each day of the week (the "liquor closing
hours "); and,
WHEREAS, the Jewel /Osco grocery and drug store at 16 South Waukegan Road is open
after 11 o'clock p.m. for the conduct of its principal business of a grocery and drug store, but will be
prohibited pursuant to Section 3- 1l(a)(1) of the Deerfield Municipal Code from engaging in the
retail package sale of alcoholic beverages between the hours of 11 o'clock p.m. and 6 o'clock a.m.
on each day of the week; and
WHEREAS, unless an exception to Section 3- 11(a)(3) is authorized, public health, safety
and welfare will be injured because Walgreens will be prohibited by 3- 11(a)(3) of the Deerfield
Municipal Code from keeping the drug store at 780 Waukegan Road open for its principal retail drug
store business during the liquor closing hours; and
WHEREAS, unless an exception to Section 3 -1 l(a)(3) is authorized, public health, safety
and welfare will be injured because Jewel /Osco will be prohibited by 3- 11(a)(3) of the Deerfield
Municipal Code from keeping the grocery and drug store at 16 South Waukegan Road open for its
principal grocery and drug store business during the liquor closing hours; and
WHEREAS, Section 3- 11(a)(3) of the Deerfield Municipal Code permits certain alcoholic
liquor establishments such as restaurants, clubs and hotels to remain open for the conduct of other
permitted business not involving the sale or delivery of alcoholic liquor during liquor closing hours;
and
WHEREAS, the corporate authorities of the Village of Deerfield have determined that
Section 3 -11 of the Deerfield Municipal Code should be further amended to authorize drug stores
that are licensed to engage in the retail package sale of beer and wine as an accessory use to remain
open for the conduct of other permitted drug store business, not involving the sale or delivery of
alcoholic liquor, during liquor closing hours; and
WHEREAS, the corporate authorities of the Village of Deerfield have determined that
Section 3 -11 of the Deerfield Municipal Code should be further amended to authorize grocery and
drug stores that are licensed to engage in the retail package sale of alcoholic beverages to remain
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open for the conduct of other permitted grocery and drug store business, not involving the sale or
delivery of alcoholic liquor, during liquor closing hours;
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 the above and foregoing recitals, being material to this Ordinance, are
hereby incorporated into and made a part of this Ordinance as if fully set forth herein.
SECTION 2: That Section 3 -11 ( "Closing Hours ") of Chapter 3 ( "Alcoholic Beverages ") of
the Deerfield Municipal Code be and the same is hereby amended to read as follows (additions are
indicated by underscoring and deletions are indicated by stfikethfo gh markings):
(a) No person shall:
(1) Sell or offer for sale alcoholic liquor in the original package for
consumption off the premises between the hours of eleven o'clock (11:00) p.m. and
six o'clock a.m. on each day of the week;
(2) Sell, offer for sale or give away alcoholic liquor for consumption on the
premises between the hours of one o'clock (1:00) a.m. and six o'clock a.m, on each
day of the week, except on New Year's Eve when such sales shall be permitted to
continue until two o'clock a.m. except in the case of any licensees who shall have
received a notice of violations of any of the provisions of this chapter from the local
liquor control commissioner during the current license year.
(3) Keep open for business or to admit 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 restaurants, clubs, and hotels, grocery
and drug stores where the retail package sale of alcoholic beverages is authorized
tablislune ^ *° and drug stores where the retail package sale of beer and wine is
authorized as an accessory use 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.
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SECTION 3: 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 4: 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 6th day of December _'2010.
AYES: Benton, Farkas, Jester, Oppenheim, Seiden (5)
NAYS: None (0)
ABSENT: Struthers (1)
ABSTAIN: None (0)
APPROVED this 6th day of December , 2010.
ATTEST:
k �'6�k 4t
Village Clerk
in
Village President