Date Agenda Item F

July 7, 2014

Submitted By Village Managers Office Review:LKS
Paul L. Stephanides, Village Attorney

Agenda Item Title
An Ordinance Amending Chapter 3 (Alcoholic Liquor Dealers), Article 5 (Miscellaneous),
Section 3-5-7 (Closing Hours) of the Oak Park Village Code.

Synopsis
The Ordinance authorizes the service of alcoholic liquor on Saturdays and Sundays
beginning at nine oclock (9:00) A.M.

Recommendation
Adopt the Ordinance.

Fiscal Impact
Potential increase in alcoholic liquor dealers tax.

Background
At its meeting of June 3, 2014, the Liquor Control Review Board (LCRB) reviewed Section
3-5-7 of the Oak Park Village Code with regard to the permissible opening hour on Sundays
for hotel and restaurant establishments. The LCRB recommended unanimously that an
ordinance be adopted by the Village board to amend Section 3-5-7 to permit service of
alcoholic liquor beginning at nine oclock (9:00) A.M. on Saturdays and Sundays and various
holidays, which will allow for the service of alcoholic liquor during brunch service offered by
restaurants and hotels. Previously, only hotels and restaurants having A-2 and B-1 through
B-4 licenses were permitted to serve alcoholic liquor beginning at nine oclock (9:00) A.M. on
Saturdays and Sundays and on various holidays.

Alternatives
Not adopt the Ordinance.

Previous Board Action
None.

Citizen Advisory Commission Action
The Ordinance was recommended for approval by the LCRB as set forth above.

Anticipated Future Actions/ Commitments
None.
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Intergovernmental Cooperation Opportunities
The issuance of liquor licenses is a regulatory process unique to the Village of Oak Park and
therefore, it does not entail an opportunity for no intergovernmental cooperation.

Performance Management (MAP) Alignment
As the new staff liaison to the LCRB, the Law Department does not yet participate in the
MAP program.

Attachments
Ordinance


ORDINANCE

AN ORDINANCE AMENDING CHAPTER 3 (ALCOHOLIC LIQUOR DEALERS,) ARTICLE 5
(MISCELLANEOUS), SECTION 3-5-7 (CLOSING HOURS)
OF THE OAK PARK VILLAGE CODE

WHEREAS, the Village of Oak Park (Village) is a home rule unit of government as
provided by the provisions of Article VII, Section 6 of the Illinois Constitution of 1970; and

WHEREAS, as a home rule unit of government, the Village is expressly empowered to
perform any function pertaining to its government and affairs, including, but not limited to the
power to regulate for the protection of the public health, safety, morals and welfare; and

WHEREAS, at its meeting of June 24, 2014, the Villages Local Liquor Control Review Board
made a recommendation to the Local Liquor Control Commissioner (Commissioner) that the
opening and closing hours set forth in Section 3-5-7 (Closing Hours) of the Oak Park Village Code
be amended to allow for the sale of alcoholic liquor by certain liquor licensees on Sundays, and
the Commissioner concurs with this recommendation; and

WHEREAS, the Board of Trustees find that it is in the best interests of the Village to amend
Section 3-5-7 regarding the opening and closing hours on Sundays as set forth herein.

NOW THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the
Village of Oak Park, Cook County, Illinois, in the exercise of their home rule powers, as
follows:

Section 1. Recitals Incorporated. The above recitals are incorporated herein as
though fully set forth.

Section 2. Village Code Amended. Chapter 3 (Alcoholic Liquor Dealers), Article
5 (Miscellaneous), Section 3-5-7 (Closing Hours), of the Oak Park Village Code is hereby
amended by adding the underlined language and deleting the overstricken language to read
as follows:

3-5-7: CLOSING HOURS:

A. No person licensed under subsections 3-4-2A1, A2, A4, B1, B2, B3, B4, D2,
D3, and D4, and D14 of this chapter as a seller of alcoholic liquor shall sell or
permit to be sold or given away, any alcoholic liquor between the hours of one
o'clock (1:00) A.M. and eleven o'clock (11:00) A.M. Monday through Friday,
except that sales may be made up to two o'clock (2:00) A.M. on Saturday or
Sunday mornings and on the morning of January 1, Memorial Day, Labor Day,
Christmas, and Thanksgiving, and New Years Day, however, no such sales
shall be made between two o'clock (2:00) A.M. and twelve o'clock (12:00)
noon nine oclock (9:00 A.M.) on Saturday and Sunday.

For restaurants licensed under subsection 3-4-2A2 or B1 through B4 of this


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chapter such sales may begin at nine o'clock (9:00) A.M. on Saturday, Sunday,
Memorial Day, 4th Of July, Labor Day, Thanksgiving, Christmas, and New
Year's Day.

No establishment licensed under subsection 3-4-2A1 of this chapter shall sell
or serve alcohol alcoholic liquor in meeting rooms and reception rooms in
hotels between twelve o'clock (12:00) midnight and eleven nine
o'clock (11:00) (9:00) A.M.

B. No person licensed under either subsection 3-4-2A3 or E1 of this chapter
shall sell or permit to be sold or given away, any alcoholic liquor between the
hours of one o'clock (1:00) A.M. and eleven o'clock (11:00) nine oclock (9:00)
A.M. and all patrons and customers of said licensee shall leave the premises
not later than thirty (30) minutes following the closing hours herein
established.

C. Patrons who have been served a meal in food establishments under class
A-1 (in hotels with less than 100 rooms), B-1, B-2, B-3 or B-4 liquor licenses
may continue to be served alcoholic liquor for one hour after the service of
food has ceased, but in no event later than the hours of closing established
above.

D. Patrons of food establishments under class A-1 liquor licenses, in hotels
with one hundred (100) rooms or more, may continue to be served alcoholic
liquor for two (2) hours after the service of food has ceased, but in no event
later than the hours of closing established above.

Section 3. Severability and Repeal of Inconsistent Ordinances. If any section,
paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof
shall not affect any of the other provisions of this Ordinance. All Ordinances in conflict
herewith are hereby repealed to the extent of such conflict.



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Section 4. Effective Date. This Ordinance shall be in full force and effect after its
approval, passage and publication as provided by law.

ADOPTED this _____ day of __________, 2014, pursuant to a roll call vote as follows:

Voting Aye Nay Abstain Absent
President Abu-Taleb
Trustee Barber
Trustee Brewer
Trustee Lueck
Trustee Ott
Trustee Salzman
Trustee Tucker

APPROVED this _____ day of _____________, 2014.


Anan Abu-Taleb, Village President

Attest:


Teresa Powell, Village Clerk

Published in pamphlet form this ______ day of ____________ 2014.



__________________________________
Teresa Powell