O-13-36VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -13 -36
AN ORDINANCE AMENDING CHAPTER 3 ( "ALCOHOLIC BEVERAGES ")
OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD
TO AUTHORIZE RESTAURANTS HOLDING A CLASS C OR CLASS E
LIQUOR LICENSE TO OFFER BYOB SERVICE
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
19th day of August , 2013.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
19th day of August , 2013.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -13 -36
AN ORDINANCE AMENDING CHAPTER 3 ( "ALCOHOLIC BEVERAGES ")
OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD
TO AUTHORIZE RESTAURANTS HOLDING A CLASS C OR CLASS E
LIQUOR LICENSE TO OFFER BYOB SERVICE
WHEREAS, the Village of Deerfield is a home rule unit of local government pursuant to
the provisions of Article VII, Section 6 of the Illinois Constitution; and
WHEREAS, as a home rule unit of local government, the Village of Deerfield may
exercise any power and perform any function pertaining to its government and affairs, except as
limited in accordance with Article VII, Section 6 of the Illinois Constitution; and
WHEREAS, the corporate authorities of the Village of Deerfield have determined that
restaurants in the Village of Deerfield possessing a Class C or Class E liquor license may
enhance the retail experience of their customers and patrons by permitting such restaurants to
provide BYOB service of wine brought by customers onto the restaurant premises, for
consumption on the premises only;
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 (Classes of Licenses) of Chapter 3 (Alcoholic Beverages)
of the Municipal Code of the Village of Deerfield be and the same is hereby amended to add the
following:
CLASS M, which shall authorize and allow the service of wine only brought by a
customer into a restaurant for consumption only upon those premises, subject to:
(a) The licensee must also hold either a CLASS C or CLASS E
license.
(b) The service of wine must be incidental and complementary to the
service of a meal.
(c) The licensee may charge a corkage fee.
(d) No more than one (1) 750ml bottle of wine per every two patrons
(unopened) shall be permitted to be brought into the restaurant
during one (1) visit.
(e) Every container of wine brought onto the premises by a patron
must be opened by restaurant personnel, and it shall be unlawful
for any patron to leave the premises with a partially consumed
container of wine unless it is securely sealed by restaurant
personnel prior to removal from the premises and placed in a
transparent one -time use tamperproof bag, as required by state law
and in accordance with the Illinois Liquor Control Act. Section
6 -33 of the State Liquor Control Act [235 1LCS 516 -33].
SECTION 2: That the annual fee resolution of the Village of Deerfield is hereby
amended to add the following as the annual fee for Class M licenses for 2013:
A. Alcoholic Beverages Code Reference Description Fee for 2013
Sec. 3 -8 Class M annual $200.00
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.
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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 19th day of August , 2013.
AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers
NAYS: None
ABSENT: None
ABSTAIN: None
APPROVED this 19th day of August 2013.
ATTEST:
illage Cler
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Village President