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06/07/1934146 v The President Harry t. Clavey announced a Special Meeting j to be held on Thursday evening, June ?, 1934 at 8 :00 P. U. Moved by Trustee Wing and seconded by Trustee Peterson to adjourn. Carried. Village Clerk. of./the Board. June ?, 1934. A special meeting of the President and the Board of Trustees of.the Village.of Deerfield was called to order by the President Harry T. Clavey• at 8 :00 P. M. Roll call : - Present- Page, Peterson, Pottenger, Wing. Absent - Scribner and Willman. The petition preeented•at our meeting of June 4, 1934 -and signed by property owners residing on County Line Road request- ing that the road in front of their homes be oiled was discussed. It was moved by Trustee Pottenger and seconded by °Trustee Page, that the County Line Road be oiled at an expense not to exceed $35,00 for oil as requested in their petition of June 4, 1934. Upon roll call the following vote v:ac taken. Yeas- Page, Peterson; Pottenger and Wing. Nays- None. Motion made by Trustee Pottenger and seconded by Truatee Sing to expend not to exceed $150.00 for-grading and oiling Greenwood Avenue. Roll call resulted as follows.. Yeas Page. Petcrson, Pottenger and Wing. Nays- None. The-following ordinance regulating the sale of-alcoholic liquor was explained in detail by Corporation Counsel George McGaughey : - ..__.. All ORDIIIAITCr ALCOHOLIC-LIgVOR • DU IT 0 RDAIiisZ BY iFiI; PRM IDENT AND BO:'M OF 11 U-S T EES OF 01". VILLAG � OIL DE, 11FI I.D, ILLUTOID, T ItT: = l' - - _ 3EC1IO11 1. Itamo. ' This ordinance shall be knorn as the ordinance regulating the sale of alcoholic liquor in the Village Of Doorfiold, Illinois. • "` .SnOTIOIT 2. Definitions: Unless the context otherwise re- quires,.tho - following terms used in this ordinance shall be con- <�, struod according to the definitions givon below. .Alcoholic Liquor- -any spirits, wino, boar, ale, or other liquid containing morn than ono -half Of ono porcent of alcohol by volumo, ,which is fit for boverago purposes. 3 .Boor - -a bevorago obtained by alcoholic furrrontation of an'' infusion or'eoncoction of barloy, or other grain, halt and hops in water, and includos, among other - .thanes boor, ale, stout, larger boor, porter and tho like. .,. -.Tlotail Salo- -the sale for us© or corruption; and not ra•-. •' :; sal ©� - J'` • x 147 j Club - -a corporation organized under the laws of this State,- not for pecuniary profit, solely for the promotion of some common object other than the sale or consumption of alcoholie'liquors,, kept, used and maintained by its members throw h the paynent of.- annual duos-,',and ownings hiring or leasing a building or space in a building, of-such extent and character an nay be suitable and y adequate for the reasonable and comfortable use and acconodation of its members and their guests and provided with suitable and adequate kitchen and dining room space and equipment and naintainirr a sufficient nuraber of servants and employees for cooking, • preparing and serving food and moalss for its members and their guests: MOM ED � that such club filar: with tho' Prosidont at the time of its application for license under this ordinance two copies of a list of names and rosidoncon of itn members, and similarly filos. within ton (10) days of the = election of any additional member his nano and address, and PROVIDED FURTIMM, that its affairs and management are conducted by a board of directors,' oxocutivo committee or similar body chosen by the mombors at their annual meeting, and that no member or any officer, agent, or employee of the club is paid, or directly or .indirectly receives, in the fora of salary or other compensation any profits from the distribution or sale of alcoholic liquors to the club or the members of the club or its guests introduced by members beyond the amount of such salary an nay. bo fixed and voted at any annual mooting by the members or by its board of directors or other govorning body out of tho general revenue of the club. S? CTI0H 3. License required: It shall be unlawful to sell`, or offer for 'ssale at retail in the Village, any alcoholic liquor with- out having a retail ..liquor dealer's license, or'in violation of the terms of ouch license. SECTION 4. ;ipplicationa: Applications; for such liconsco' shall be mado to the President in uniting, signed by the applicant, If an individual, or by a duly authorized agent thereoft if a club or corporation, verified by oath or affidavit, and shall contain the :following Information and statements: (1). The name, ago, and address; of the applicant in the case of an individual; and in case of_.co- partnership, the persons -A entitled to sharo.in the profits; thereof, and in the easo'of a corporation, for profit, or a elub,,'tho date of incorporation, the objects for which. it was ,organized,- the names and addressoo. of the .officers and directors, and if a majority in interest -of. the '. stock of such corporation in owned by one person or his nominees, 1 the name and address of such person; (2) The citizenship of the applicant, his place-of birth and if a naturalized citizen, the time and place of his naturalize- tion; (3) The character of business of the applicant; and in case of a corporation, the object for which it was formed; (4) The length of time that said applicant has boon in business of that character, or in the case of a corporation, the data of which its charter was issued; (5) The amount of goods, wares and merchandise on hand at time the application in made; (6) The location and description of the premises or place of business which is -to be oporatod under.such license; i (?) A statement whether applicant has made similar application for a similar license on.promises other than described In this application, and tho. disposition of such application;- (a) A statement that applicant has never been.convicted of�a folony and is not disquakified to receive a license by reason of any matter or thing contained in this ordinance. (9) Whothor a previous license by any state or subdivision thereof, or by the federal government has been revoked, and the ...reasons therefor. 148 (10) .1 statement that the applicant will not violate any. of the laws of the State of Illinois or of -the United States, or any ordinance of the Villdeo in the conduct of his placo.of business. SECTION 5. Restriction on Licensor: No such license shall be issued to: (1) A person OW-11f not a resident of the Villugrol' for two years or more immediately lnst,past;. (2) A person who is not of good character and reputation in the co=unity in which he resides; (3) A person who is not a citizen of the United States;, (3) A person who has been convicted of a felony under the laws of the State of Illinois; (5) A /person who has boon convicted of being the keeper or Is keeping a house of ill faro; (0) A parson who has boon convicted of pandering or other crime or misdonoanor opposed to decency and morality. 2. (a) A portion who at the time of application for renewal of any license iusuod horoundor would not be eligible for such license upon a first application; (9) A co-- partneraliip, unless all oft tho nombers of such co-partnorship shall be qualified to obtain a license; (10) A corporation, if any officer, nnnagor or director'. thereof, or any stockholder or stockholders owning in the aggregate more than five percent (5 4) of the stock of such corporation, would not be oligiblo to receive a license hereunder for any reason other than citizenship and residence within the political subdivision; (11) A porsson whose place of business in conducted by a managor or agent unless; said manager or agent `possiosssos the came qualifications required of the licensee; ` (12) A person rho has boon convicted of a violation of any, rrodoral or State lawn concerning; the manufacture, possession or sale of alcoholic liquor, nubnequent to the passage of this ordinance, j or alliall have forfoitod his bond to appoar in court to answer charges: for any such violation. r; (13) A person who dons not own the premisoss for which a license is sought, or does not have a lease thereon for the full period for which the licenses is to be issuod. (ld) ,,ny luw onforcing public official, any.rrosident, trustoo, or member of the Board of Lrustoes, any prooident or member , of - -a county board; and no such official shall be interested in any gray, ,,oithor directly or indirectly, in the manufacture, sale or distribution of alchholic liquor. =f' (15) Any pors3on, association, or corporation not oliiblo for ' a State retail liquor dealer's license. . SR.CTIOIT 0. Torm of license. tech such license shall terminate on the 30th day of April next following its issuance. Any applicant for license must pay foss for the fiscal year rogardlous of the time c►hon license in issued, and.no refunds will be nade or fee pro rated. t i,ll upplications for license for placon of business now in operation nust be in the hands of the President of the Hoard of Trustees of the Village of Deerfield within ten (1U) duys after the publication of.thiu ordinance, and all applications for renewal of license here- aft or must be in ` the hands or Laid rrouldont not later than the first day Of Tay of ouch year hereafter. SECTI021 7. Classification of Licenses. Nees: Such licenses shall be and are hereby divided into the following classes, to-wit:, i. !I Class },. Liconson, which shall authorize the retail sale of alcoholic liquor not for consumption on the premises where sold. Tho annual fee for such license shall be lofty (650.00) Dollars. Class D Licenses, which shall authorize the retail sale of bottled boor only for. consumption on the promiszos. the annual fee I for such license shall be Fifty 050.00) Dollars. " i� C1asa C, Licenses, which stall authorize the retail sale of alcoholic liquor by club to its members for consumption on the club promises, as well as other retail sales of such liquor to its.members. The `annual fee for such license shall be Sevonty -five (1"75.00) Dollars. Class D Licenses, which shall authorize the retail sale of `:liquor for consumption on the promises including draught boor. The annual fee for s3uch.licons3o shall be Four Hundred (v400.00j llars. Class �3 Licenses, which shall authorize tho Vrotail sale of boor not for consumption on the promisor whore sold. The annual fce for such license shall be Twonty -fives ( )x:5.00) Dollars. No person, firm-, corporation or association shall be granted both a Class; 1� and Clans B Liednao. No license of any class shall be issued unless the applicant shall have depositod. with the Villago Clark, the sum of Ono Hundred- `(0100#00) Dollars in ,cash as security to the Village of Deerfield for the faithful obaarvance of the, provisions; of the lays of the United Stateso State of Illinois and.tho ordinances of this Village. Such deposit may be forfeited to the Village by action of the E, Prosidont of• tho hoard of Trustees;. N: NO liquor shall be sold on the streets of this Village or on; premises within the Village or advertised or displayed upon.. the streets or pre:nisoss, unless within the confines or a- building,.. the I occupant, thoreof holding a license of one of the above classes. �J � Not more than five Class D licensees shall be Issued during, any one year, and applicants for renoval shall havo preference over now applications. No women shall be employed in any capacity vdiatovor in a place undo a Class D licensee. NO dancing shall be allowed by the patrons and no orchestra or entertainers shall be at any, timo employed,. playing or performing in any plueo operating under a Class D licdnse. _ SECTI0II i3 Disposition oP Poes: All'.sauch Pees shall be paid ° to the President at the time application is made, tend s;Yzall be forth- with turned over to the treasurer. In the event the license applied for is - denied, tlio °fee shall be. returned to the, applicant; if the license is granted ._then the fee shall be deposited in the general corporate fund or.in` such other fund as shall have boon designated by the council by proper action. al CTION '9. 'Qon.ssum.ption. on the promisees: -It shall be unlaw- •ful for any .one to.; sell: or "offer.. -for ogle any alcoholic .liquor for consumption on the promis3e ':,whero sold or to permit anyone to consume alcoholic liquor on such'proni,os, except that a person holding n Cla °ssa .,D license under this ordinance may sell beerand liquor m4 a club holding a Class C license may sell alcoholic liquor-.to its ma ibors and � uents for' - consumption on the promises viliere sold. , A. person holding a Clasn B license may sell for consumption on the premises bottled boor only.. � CTIo.'t 10. List The eranidont shall heels or cause to be kept a, complete record of all ouch licenses issue , by hits, and shall furnish tho clerk, troa:siircr and chief of police, each with a copy, ; thereof; Upon the issuance of any ns;y license, or the revocation 1 of any old liconJo, trio re Adent :hall givo writton' notice >of suds action to each of th€ oe "officero within forty- �oitht (4n) hour,.,; of such action. � _l 1 E _ CTIOIJ ll. oltrannfor of License: 11 license shall be purely a personal privilege, coos for not to exceed one year after C Issuance unions uoonor revoked no in this ordinance provided and shall not constitute property, nor shall it bu subject to.uttach- ment, Carn1uhnont or oxocution, nor shall it -bo alienable or transfora::lo, voluntarily, or subject to being oncunborud or )iypothocatud. such liconno shall not do :.cond by tho lams of_ f tentute or intestate devolution, but it shall couso upon the death or tho..liconuoo, provided ghat a.- Mcutorsi or administrators of the I estate of any deceased liconcoo, and the trustee of any insolvent or bankrupt licensee, %Ilion such estate conuisto. in part of alcoholic liquor, nay continue thu buninosu of the sale of alcoholic liquor under order of the appropriate court, and may exercise the privilegun of the deceased or insolvent or bankrupt licensed after tho ,doath of such decadent or such insolvonc or bankrupts until the ox irution � Y Y P ` of such license but not longor than six months after the death, banlcruptcy or Insolvency of such liconseo. 1I,ny licensee may ronow his licensee at the expiration thereof;.,.,_.-: provided he is than qualified to rueoive a lieenao and the promises for which suchronowal license is noiight are suitable for such pur- po ,oc; 111W a':20VID 2) IfUlirTlli:Ii, that the ronolial privilege heroin Provided for shall not bo eonstruod as a vested right which shall in any case prevent the itrouldont from decreasing the number of f licenses to be Innued .within his;' jurisdiction. - SECTION 12, Chaneo of Location: u retail liquor dealer's ` license shall permit the stale of alcoholic liquor only in the promicos •- described in the application and liconso. Such location may be changod only upon the written pormit,to make such change iouuod by the Pronident. No chango of location shall be permitted unless the proposed now location in a proper one for the retail sale of alcoholic. liquor under the lair of this State and tho ordinances of the City. SMCTION 13. Paddling: It shall bo unlawful to paddle alcoholic' liquor in tho _Village. :"S'ICTIOIt 14. Sanitary Conditions: All promises usod for the retail sale of alcoholic liquor, or for the utorago of ouch liquor for such sale, shall be kept in a clean and sanitary condition, and - -- shall be kept in full compliance with the oddinancos3 regulating the condition of promises used for the storage or stale of rood for human consumption. a CTIOI1 15. .: 4 ployoes: ' It shall be unlawful to employ in any promises used for the retail sale of alcoholic liquor any parson ,rho in afflicted 1with, or who is a carrier of, any contagious, in- factious or venereal disease; and it shall be unlawful for any par- son rho is of t'liotod 171 th or a currior of any such diseano to yr ork In or about any pro:ainoo or to ungago in any way in the handling, preparation or- .distribution of such liquor. StCTIOIT 10. Restricted jkroas: It Is hereby dotormined that the entire territory_cr the Village of Deerfield in predominately residential in character oxcopt'sueh portions as are contained in the retail business and cow— ercial districts as appear on the Zoning Vap and by the Ordinances relative to zoning, and the territory occupiod and used by clubs for club purposes. _ It shall be unlawful to r3oll or offer for sale at retail any alcoholic liquor within gush residential territory of the Villago unlows the owner or ownors3 of at least tiro- thirds of the frontag© feet along tho: stroot and streets adjacent to such place of burin ©sue •,g, for which a licon;so 'is ;sought, for a distance of 200 foot in ouch direction from such proposed place of bus inous, ' shall file with the Proaidont of said Villages his or their written consent to the use of such place for the sale of alcoholic liquors, and unles a s:alo of alcoholic liquor in such premises shall not constitute a viola - tion of the zoning.ordinancea of the Village of Deerfield as amended. SECTION 17 Location Restrictions: No lieunso shall be _ Issued for tho suld at retail of any alcoholic liquor within one hundred (100) tout of any church, school, hospital,,homo for agod or Indleont pornono or for votorans3, their nivos or childron_or`=Y military or naval station; P1JOVIT)I D, that this prohibition shall h not upPly to hotals3 offering rostaurant service, rut:ul.arly ore- unizod clubs, ' or to rontaurants, food shops or other plucon where s3alo, of boor and alcoholic liquor-3 is not the principal bu: inons carriod .on., SECTION 18. Sales to Certain Parsons Prohibited: It shall. be unlawful to sell, give or deliver alcoholic liquor.to any minor, or to any intoxiea od person or to any person known by the licensee to be an habitual drunkard, spendthrift or insane, feeble- minded or distracted person. SECTIOIi 10. Closing Hours: It shall be unlawful to sell; cr offor for sale and permit consumption of any alcoholic liquor or beer in the Village of Deerfield _botvoeu the hours of one (1) of clog k A..L:.' ,and six (6) o9clock iri°:.the�nornifia or any day, and it shall further be unlawful to sell `at retail or rholosale $ or offer for aul e $ or allow to be condumed, any boor "or,ulcbhblic - liquor -in the Village of Deerfield, botwoen tho hours of ono-(l)-A. 1;1. on Sunday horning and six (G) A. 1.;..on 1 onday morning. SEC-TI011 20: ',nloction Days: Ito person shall sell at retail., any alcoholic liquor on trio day of any national,- atute, county or municipal election,- including primary elections, during the hours' - the polls are open, within tho political area in which such election" is being hold., :- a' CTIOII 21. 1.;anufacturo Prohibited: It shall be unlawful `for any person, corporation or firm to engage in the busino ss of manufacturing alcoholic liquor in the Village of Deerfield. - SECTION 22. Revocation: The President may suspend or _- revoke any retail liquor dealerts.licenso for any violation of any provision sloe of this or any other ordinance of this Village or for any j violation of any State law pertaining to the sale of alcoholic liquor, or for the wilful making, of any false statement as to a .« material fact in an ,application for a license or for - permitting any disprderly or'irmoral practices upon the promises wharo,tho licensee � Is licensed to.sell alcoholic liquor. .� -such -revoc'ation: may be in addition ,to the forfeiture of the cash doposi.t 'of Ono hundred 0,100.00) Dollars provided for under Section 7,, of thin. ordinanco and may be in addition to 'the Imposi- tion of a fine or other penalty for a violation of ,any provision of this ordinance and.shall be no defense to a prosecution for such V iolation. i S:CTICI2, 23. Penalty. Any-parsons, firm or.` corporation t violating any of the provisions-'of-this ordinance shall ,,bo' fined w� Sx not loss than . L%,7enty -five Dollars (y25.00} nor more than Tyro Hundred Dollars' (;',,204:00) for each offense,.. avid a separate offense ahall :.be .. deemed -,cu=,jItted on each day during or .on which a. violation occurs or continuea._T�. -- 1 _y -e _in conflict hercvrith ur© _ S?sCTIOIi 24. ilepeal of Conflicting Provisions. All ordinances or parts of-ordinanc© . hersby repoaldd'.and tho invalldity of'any section or-paragraph of-this', ordinance; shall-not effect the balance of tho ordinance. SUCTIOit `25. - When to Wake .: rfeet. This ordinance shall .'go into full force. -and effect from and after its passage, approval an publication as provided by law, being necessary for._i=ediat© ,prdsarvation of public health and safety, an urgency for its immediate �. passago.and taking offoct,is hereby declared to exist, and.it. shall therefore take effect imaediately after: panvage, signing, recording and publication, pursuant to larr. Tf Presented and read .Juna..:7th, 1934. .' :Passed June -7th, 1934. Approved June 7th,,1934. ,Published, June 1-1 #_)-934- T% ffc��L Village Clark VP?iOVED Corp rat on Co sa 152 Moved by Trustee ding and seconded by Trustee Peterson that the ordinance regulating the sale of alcoholic liquor be passed as drawn. Upon roll call the following vote was taken. Yeas- Page, j Peterson, Pottenger and Wing. Nays- None. � It was moved by Trustee Wing and seconded by Trustee Peterson that the following resolution be passed. Motion carried. R E S O L U T I O N � I Whereas, application has been made for division of i a certain special assessments on Lots One and Two, Block Ten, the I same being a re -plat of Lots One to Twelve, Block Ten in Deerfield j Park Land :and'. Improvement:, Association Subdivision in Deerfield, a .Illinois* and, Whereas, a division of said special assessments and In- stallments thereof unpaid will not change in any manner the income j to be derived therefrom. It is therefore resolved by the President and Board of Trustees of the Village of Deerfield that the unpaid installments of warrante-22, 55, 56 and 72 be divided as per petition. It is further resolved that George S. McGaughey, as corporation counsel for said Village, have and.he is hereby granted the power to consent to such division as per petition on file in the County Court of Lake County, Illinois. res en age Of e ATTEST: vilIage— er x._ No further business appearing it was moved by Trustee Wing and seconded by Trustee Pottenger to adjourn. Carried. 2 r CLERK. PRESIDENT OF THE BOARD.