CITY COUNCIL 2013/03/18 Agenda
THE CITY OF LAKE FOREST
CITY COUNCIL AGENDA
Monday, March 18, 2013 7:30 p.m.
City Hall Council Chambers
CALL TO ORDER AND ROLL CALL 7:30 p.m.
Honorable Donald Schoenheider, Acting Mayor
Kent Novit, Alderman First Ward Jack Reisenberg, Alderman Third Ward
Catherine Waldeck, Alderman First Ward Stanford Tack, Alderman Third Ward
David Moore, Alderman Second Ward Robert Palmer, Alderman Fourth Ward
George Pandaleon, Alderman Second Ward Michael Adelman, Alderman Fourth Ward
PLEDGE OF ALLEGIANCE
REPORTS OF CITY OFFICERS 7:35 p.m.
1. Comments by Mayor
2. Comments by City Manager 7:40 p.m.
A. Lake Forest Business Incubator Update
PRESENTED BY SUSAN KELSEY, ECONOMIC DEVELOPMENT COORDINATOR
B. Approval of Financial Support for Friends of Parks and Recreation
Foundation Festival & Fireworks
PRESENTED BY: FRIENDS PRESIDENT, MARK MILLIMAN AND FESTIVAL CHAIRMAN, RICK
AMOS; STAFF CONTACT MARY VAN ARSDALE (847)810-3918
PURPOSE AND ACTION REQUESTED: On behalf of the Friends of Parks and Recreation
Foundation, staff requests approval of personnel and financial support for the 2013
Festival and Fireworks.
BACKGROUND: The Friends of Parks and Recreation Foundation began hosting a Festival
and Fireworks event for the Lake Forest community in 2007. The goal of the Foundation
was to offer an outstanding Independence Day Celebration for the entire community
while showcasing the Friends Foundation and generating capital and scholarship funds
on behalf of the City’s Parks and Recreation Department. In addition to the Fred Jackson
Golf Outing which fundraises approximately $15,000 annually, the Festival and Fireworks is
the Foundation’s largest fundraising event. The Foundation’s Festival goal is to net over
$50,000 annually for the benefit of the Parks and Recreation Department. The 2013 event
is scheduled for Thursday, July 4th and is estimated to exceed 11,000 attendees. This event
has become a family tradition that is enjoyed by residents of all ages. With the support of
Lake Forest Bank & Trust, the 2013 Festival will feature Dennis DeYoung, formerly of Styx as
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March 18, 2013 Agenda
the main stage entertainment, and The Onwentsia Club has agreed to again allow the
staging of the fireworks from their property. The Foundation also has a broad base of
community support, and annually secures corporate sponsorship and individual
donations to help defray the vast majority of event expense.
BUDGET/FISCAL IMPACT: The Friends Foundation, comprised of over 30 residents, works
annually on the planning of the event and relies on over 100 residents to assist on the
day-of to run the festival attractions such as the children activities, entertainment stages,
food and beverage services, entrance gates, and VIP areas. For the past six years, the
City has provided personnel labor from fire, police, public works and parks and recreation
to support the event ranging from event set-up, day of assistance, and post event
breakdown. Beginning in 2011 the City agreed to waive City personnel expense up to an
amount not to exceed $25,000 and provided a cash donation of $10,000 to help fund a
portion of the fireworks expense. The Friends of Parks and Recreation Foundation is
seeking support at the same level for 2013. Should City Council approve this request, staff
will update the Memorandum of Understanding that outlines the financial agreement for
the event. The $10,000 fireworks donation and personnel support is reflected in the FY14
proposed budget.
FY2014 Funding Source Amount
Budgeted
Amount
Requested
Budgeted?
Y/N
Department Operational
Funds $25,000 $25,000 Y
General Fund $10,000 $10,000 Y
RECOMMENDED ACTION: Approve waiving personnel expense up to a maximum of
$25,000 and provide a fireworks contribution of $10,000 to the Friends of Parks and
Recreation Foundation for the July 4, 2013 Festival and Fireworks.
3. Comments by Council Members 8:15 p.m.
A. Alderman David Moore- “Report on February 20th Community Engagement
Meeting- Granny Flats”
OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS
ITEMS FOR OMNIBUS VOTE CONSIDERATION 8:25 p.m.
1. City Council Approval to Authorize Winter 2013/2014 Salt Purchases
STAFF CONTACT: MICHAEL THOMAS, DIRECTOR OF PUBLIC WORKS (810-3540)
PURPOSE AND ACTION REQUESTED: The State of Illinois requires government agencies
desiring to participate in the annual rock salt bid, to complete a Joint Purchasing
Requisition. This informs the State of each agency’s anticipated need, and when
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March 18, 2013 Agenda
combined with all interested parties, secures a larger quantity to purchase resulting in a
more competitive price.
Staff received notification from the State on March 5th that to be included in this year’s
program, the State must receive the Joint Purchase Requisition in their offices no later
than March 29th at 5 p.m. This impending deadline requires City Council’s authorization
to proceed with winter 2013/2014’s salt purchase. In both the F.Y. ’13 and F.Y. ’14
budgets, the Streets Section has allocated $222,000 in its chemical budget for salt and
calcium chloride purchases. Typically, 89% of the budget is dedicated for salt purchases
and the remaining for liquid calcium chloride. The City conservatively budgets for 3,600
tons of salt per year.
BACKGROUND/DISCUSSION: A chart on page 10 provides a history of salt purchases from
1994-2013. This winter’s salt usage summary is as follows:
• The City began the winter with 2,400 tons of salt in storage
• The City purchased an additional 1,200 tons of salt
• The City has used 2,600 tons of salt (2,425–City, *175–Dist. # 67 & 115)
o *Note: The City is reimbursed by the school districts for this salt
• As of March 8, 2013, the City has 1,000 tons of salt in storage
Assuming an additional 200 tons of salt will be used for the remaining days of March for
icy roads, 800 tons will be available for next winter. The pricing this year decreased
$13.31/ton from $65.64 to $52.33. This decrease was due to last winter’s minimal salt
purchases from government agencies. Staff contacted this year’s State bid vendor to
inquire if the $52.33 price per ton is valid if the City were to purchase an additional 1,600
tons (enough to fill both salt bays at MS). Morton Salt agreed to sell the additional
amount at the current price per ton. With this purchase, the City would only need to
purchase 1,200 tons through the State bid purchase. Pricing for the State bid is not
known nor provided to participating municipalities until October of each year.
An alternative option is to purchase the entire 2,800 tons through the State bid process. Again,
the down side with this option is that the price per ton is not known until early fall and the
commitment to the State must be made by March 29th.
BUDGET/FISCAL IMPACT: To date the City has fulfilled this year’s State bid contract with
Morton Salt. Staff recommends that an additional 1,600 tons be purchased over the
summer months from Morton Salt and that the City request 1,200 tons through the State
bid purchase. The salt does not get expensed until it is actually used next winter.
FY2014
Funding
Source
Account Number
Account
Budget
Amount
Requested
Budgeted?
Y/N
General 101-5136-431-65-11 $222,000 $222,000 Y
RECOMMENDED ACTION: Authorize the purchase of 1,600 tons of salt from Morton Salt at
$52.33/ton and commit to purchasing 1,200 tons of salt through the State bid purchasing
program at the 100%/120% level.
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March 18, 2013 Agenda
2. Award of Purchase for the Replacement of a One-Ton Dump Truck for the Parks
Section Included in the FY2014 Capital Equipment Budget
STAFF CONTACT: MICHAEL THOMAS, DIRECTOR OF PUBLIC WORKS (810-3540)
PURPOSE AND ACTION REQUESTED: Staff is requesting City Council authorization to award
two bids (chassis and body) for a one-ton dump truck for the Parks Section. Chevrolet is
changing the Silverado product line for model year 2014. The 2013 model year chassis
are still available and have an order cut-off date of March 21, 2013. After that date, 2014
model year chassis will not begin production until early August. The delay of the 2014’s
combined with the five month time period it takes the body company to outfit the
chassis, will delay delivery of this truck until late winter next year. Therefore staff is
requesting City Council approval to order the truck based on bids that were received at
the July 26, 2012 bid opening. Staff confirmed that the pricing provided with these bids is
still valid.
If the two bids are awarded by City Council, staff anticipates receiving the replacement
truck in December, 2013.
BACKGROUND/DISCUSSION: The current unit #321 is a 1996 Ford one-ton dump truck and
is used for various maintenance and repair activities throughout all City parks (e.g.
hauling dirt, brush, woodchips, and a water tank). It is also used in the winter months to
assist with snow removal and salting functions throughout the City.
The unit has severe rust and corrosion (both structural and cosmetic) throughout its frame,
doors, cab, brake and fuel lines, suspension parts, floorboard, rocker panels, and the
main dump body. The truck has had its transmission replaced multiple times and recently
has been used on a limited basis to minimize the risk of another transmission failure. It has
accrued approximately 9,589 hours.
BUDGET/FISCAL IMPACT: Replacement of this truck was discussed at the December 3,
2012 Public Works Committee meeting. The existing unit will be traded in conjunction with
other capital equipment purchases during the upcoming fiscal year. As previously noted,
all required bidding procedures were adhered to and the following bids for both the
chassis and dump body/hydraulics were received.
Chassis
Dealership Location Bid
Ray Chevrolet Fox Lake, IL $36,207
Advantage Chevrolet Hodgkins, IL $36,215
Palmen GMC Kenosha, WI $36,222
Haggerty Chevrolet Glen Ellyn, IL $36,305
Bob Fish GMC West Bend, WI $36,595
Rockenbach Chevrolet Grayslake, IL $36,900
Finley GMC Beloit, WI $37,180
Village GMC Warrenville, IL $37,455
John Paul GMC Greenfield, WI $40,093
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March 18, 2013 Agenda
Dump Body / Hydraulics
Company Bid Amount
Lindco Equipment $42,511
Over the past ten years, staff has worked with many Chevrolet/GMC dealerships and
Lindco Equipment on the purchase of multiple pieces of equipment for the City’s fleet.
For consistency, staff recommends that the City continue using both the Chevrolet/GMC
products along with the plow/spreader controls and hydraulic systems offered by Lindco
Equipment. Almost all of the snow removal equipment used by the City is operated by
the Certified Power hydraulic system. The Fleet Maintenance staff continues to have
success with these systems every winter. In addition, the City continues to have good
working relationships for warranty work from both the Chevrolet/GMC dealers and Lindco
Equipment.
FY2014
Funding
Source
Account Number
Account
Budget
Amount
Requested
Budgeted?
Y/N
Capt. Fund 223-5774-452-75-01 $82,000 $78,718 Y
RECOMMENDED ACTION: Award of purchase for the replacement of a one-ton chassis to
the lowest responsible bidder, Ray Chevrolet, in the amount of $36,207 and the
body/hydraulics to Lindco Equipment Company in the amount of $42,511.
3. SUBJECT: Approval of Capital Expense and award of bid for Replacement of
Recreation Center Public Restroom Lockers and Benches
PRESENTED BY: SALLY SWARTHOUT, SUPERINTENDENT OF RECREATION (810-3942)
PURPOSE AND ACTION REQUESTED: Staff requests City Council authorization to award
replacement of the plastic lockers and benches in the public restrooms at the Recreation
Center to C&H Distributors. The locker/bench replacement would be scheduled for
completion by the end of Fiscal Year 2013.
BACKGROUND/DISCUSSION: The existing lockers and benches were originally installed in
1998 and have reached the end of their useful life. The average lifespan of a plastic
locker/bench is 10 years. The cost of maintenance and upkeep of the current lockers
and benches has continually grown and they are becoming a safety hazard.
Replacement of this equipment will allow the Recreation Center to meet issues identified
by the A.D.A. audit.
Whenever replacing equipment, we typically like to revisit our equipment type and
identify what will best meet our participant’s needs. The Recreation Center is used by a
variety of people with various access issues. Utilizing A.D.A. code approved benches and
lockers made of sturdy materials in our public restrooms will allow all of our participants to
enjoy their recreational experiences equally.
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March 18, 2013 Agenda
BUDGET/FISCAL IMPACT: Funding for this project is part of the Capital Improvement Plan
for Fiscal Year 2013. On March 1, 2013, staff received the following bids for this project:
COMPANY NAME BID BOND RECOMMENDED
MANUFACTURER TOTAL
PROJECT BID
Commercial Specialties,
Inc.
Mike Valenzia
No No Disqualified
C & H Distributors
Brian Majewski Yes Yes $27,547.00
Construction Consulting &
Disb.
Mark Lee
Yes Yes $28,575.00
Commercial Specialties, Inc did not provide a bid bond which disqualifies
them from the project. Additionally, savings will be incurred due to the in-
house installation by the City of Lake Forest Building Maintenance staff.
FY13 Funding
Source
Amount
Budgeted
Amount
Requested
Budgeted?
Y/N
Capital Fund $40,000 $28,924 Y
RECOMMENDED ACTION: Approval to purchase plastic lockers and benches for the
Recreation Center public locker rooms from C&H Distributors for the total of $27,547.
Additionally, staff is requesting a 5% or $1377.00 contingency for any unforeseen costs
during the project.
4. Approval of a One-Year (1) New World Software Maintenance Agreement with
New World Systems covering Police and Fire Software Programs.
STAFF CONTACT: JIM HELD, CHIEF OF POLICE (810-3802)
PURPOSE AND ACTION REQUESTED: Staff is requesting City Council approval of a one-year
maintenance agreement with New World Systems for 2013. This amount was included in
the FY2013 budget.
BACKGROUND/DISCUSSION: New World Systems has been providing public safety
software and support for the Police and Fire Departments since 2010. Their software is run
on virtually all of the Police and Fire computers including all squad car, ambulance and
fire apparatus mobile laptops and supports most of the core functions of the Police and
Fire Departments including Computer Aided Dispatch (CAD), mobile field reporting and
records applications.
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March 18, 2013 Agenda
BUDGET/FISCAL IMPACT: The annual maintenance agreement for 2013 for the Police and
Fire software is:
Maintenance FY2013
New World Systems Annual Maintenance Charge $97,882
This fee has not increased since it was initially negotiated in 2011. New World Systems is
the sole supporter of the Public Safety software covered.
These costs were budgeted for FY2013 as follows:
Funding Source Account Number* Amount
Requested
Budgeted?
Y/N
Police
Maintenance of Equip. 101-7672-421-43-10 $45,882 Y
Emergency Telephone
Maintenance of Equip. 205-7672-421-43-37 $52,000 Y
RECOMMENDED ACTION: If appropriate and should the City Council desire, waive the bid
process and approve a one (1) year maintenance agreement with New World Systems
for software support and licensing of Police and Fire software on the sole source vendor
quote in the amount of $97,882.
5. Consideration of an Ordinance Approving a Recommendation from the Building
Review Board. (First Reading and if desired by the City Council, Final Approval)
STAFF CONTACT: CATHERINE CZERNIAK,
DIRECTOR OF COMMUNITY DEVELOPMENT (810-3504)
The following recommendation from the Building Review Board is presented to the City Council
for consideration as part of the Omnibus Agenda.
886 Morningside Drive – The Building Review Board recommended approval of the demolition
of the existing house and approval of the site plan, building design, exterior materials and the
landscape plan for the replacement structure. The Board received testimony from neighbors
both in support of and in opposition to the petition.
The concerns raised included the fact that the house proposed for demolition was designed by
Edward Humrich, a noted architect. There are several examples of Humrich’s work in Lake
Forest; however, the majority of his work is in other communities, Riverwoods in particular.
Several of the homes that he designed in Lake Forest are exemplifications of his unique style;
some have been altered to an extent that has diminished the integrity of the original design,
others were demolished. Some of the remaining Humrich homes are lesser examples of his work
and generally lack the defining characteristics that are universal to Humrich’s style. In the case
of the house at 886 Morningside Drive, the house has a high level of design integrity, but lacks
streetscape character and has ongoing physical problems that have not been able to be
resolved despite repeated repairs and expenditures by the current owners over several years.
The owners presented a report from a preservation consultant and a structural report to the
Board, both of which supported the request for demolition.
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March 18, 2013 Agenda
The Board’s recommendation includes conditions of approval in response to concerns raised
about the replacement residence including a requirement for landscape screening in specific
areas to mitigate views of the house from neighboring properties and from the streetscape
given the increase in size and street presence from the existing house. (Board vote: 4-1,
approved)
The Ordinance approving the petition as recommended by the Building Review Board, with
key exhibits attached, is in the Council packet beginning on page 11. The Ordinance and
complete exhibits are available for review in the Community Development Department.
Recommendation: Waive first reading and grant final approval of the Ordinances in
accordance with the recommendations of the Building Review Board.
6. Approval of the March 4, 2013 regular City Council minutes
Copy of the minutes are attached beginning on page 21.
RECOMMENDED ACTION: Approve the six Omnibus items as presented.
ORDINANCES 8:40 p.m.
1. Consideration of an Ordinance Amending The City of Lake Forest Liquor Code (First
Reading)
PRESENTED BY: VICTOR FILIPPINI, CITY ATTORNEY
PURPOSE AND ACTION REQUESTED: Staff is requesting City Council review and approval
of an Ordinance amending the City’s Liquor Code.
BACKGROUND/DISCUSSION: The Mayor is the designated Liquor Commissioner. In such
the Commissioner and the City Council have the authority to establish licensing and other
regulations related to the sale of alcoholic beverages. Periodically, staff receives
requests for a new liquor license. Upon receipt of the request, the liquor code is reviewed
to ensure that the type of liquor license and number of liquor licenses are available for
each category. The City Council directed the City Attorney and City staff to take a
comprehensive look at the liquor code to make sure it was up to date and in
compliance with state law and current local practices. For your convenience, a copy of
the code amendment is on page 26 of your council packet.
RECOMMENDED ACTION: If appropriate and should the City Council desire, approve the
liquor code as presented.
NEW BUSINESS 9:15 p.m.
ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
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March 18, 2013 Agenda
ADJOURNMENT 9:20 p.m.
Office of the City Manager March 15, 2013
The City of Lake Forest is subject to the requirements of the Americans with Disabilities
Act of 1990. Individuals with disabilities who plan to attend this meeting and who require
certain accommodations in order to allow them to observe and/or participate in this
meeting, or who have questions regarding the accessibility of the meeting or the
facilities, are required to contact City Manager Robert R. Kiely, Jr., at (847) 234-2600
promptly to allow the City to make reasonable accommodations for those persons.
9
THE CITY OF LAKE FOREST
SALT PURCHASING HISTORY
WINTER
SEASON AGENCY CONTRACT (TONS)
COST PER
TON VARIANCE
ACTUAL
TONS USED
1994 - 1995 State 2,000 $26.26 1,426
1995 - 1996 State 2,000 $27.04 0.78 2,646
1996 - 1997 State 2,000 $27.55 0.51 2,667
1997 - 1998 State 2,000 $28.54 0.99 1,592
1998 - 1999 State 2,000 $28.54 0.00 2,081
1999 - 2000 State 2,000 $26.83 (1.71)2,352
2000 - 2001 State 2,000 $27.37 0.54 2,563
2001 - 2002 State 2,000 $31.48 4.11 1,666
2002 - 2003 State 1,850 $31.48 0.00 2,242
2003 - 2004 State 2,000 $32.09 0.61 1,623
2004 - 2005 State 2,000 $32.00 (0.09)2,173
2005 - 2006 State 2,000 $36.66 4.66 1,396
2006 - 2007 State 2,000 $41.68 5.02 2,183
2007 - 2008 State 2,000 $41.65 (0.03)3,520
*Additional Purchase 396 $59.66
*Additional Purchase 50 $111.00
*Additional Purchase 194 $151.00
*Additional Purchase 375 $195.04
2008 - 2009 CLF 2,000 $126.28 84.63 2,317
*Additional Purchase 505 $136.68
2009 - 2010 State 3,000 $64.00 (62.28)3,060
2010 - 2011 Consortium 3,000 $63.60 (0.40)3,755
2011 - 2012 Consortium 2,500 $65.64 2.04 1,990
2012 - 2013 State 1,200 $52.33 (13.31)2,425
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The City of Lake Forest
CITY COUNCIL
Proceedings of the March 4, 2013 Regular Meeting
7:30 p.m. – City Hall Council Chambers
Alderman Waldeck moved to make a motion to appoint Kent Novit as Acting Chair in the absence of
Acting Mayor Schoenheider, seconded by Alderman Moore. Motion carried unanimously by voice vote.
CALL TO ORDER AND ROLL CALL: Acting Chair Kent Novit called the meeting to order at 7:50 p.m.
Deputy City Clerk Margaret Boyer called the roll of Council members. Present: Acting Chair Novit,
Alderman Waldeck, Alderman Moore, Alderman Pandaleon, Alderman Tack.
Absent: Acting Mayor Schoenheider, Alderman Reisenberg, and Alderman Palmer. Quorum present.
Also present were: Robert Kiely, City Manager; Vic Filippini, City Attorney; Marlo Del Percio, City
Attorney; Catherine Czerniak, Director of Community Development; Susan Banks, Communications
Manager; Elizabeth Holleb, Finance Director; Michael Thomas, Director of Public Works; Bob Ells,
Engineering Supervisor ; Anne Whipple, Communications; Mary VanArsdale, Director of Parks &
Recreation; Chuck Myers; Superintendent of Parks and Forestry; Peter Gordon, City Forester; Karl
Walldorf, Deputy Chief of Police, Jeff Wait, Superintendent of Special Facilities and Carina Walters,
Assistant City Manager
There were approximately 25+ present in the audience.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited by all in attendance.
Reports of City Officers
1. Comments by Mayor
Acting Chair Novit said he was honored to be asked to Chair the City Council meeting.
2. Comments by City Manager
Bob Kiely, City Manager introduced Michael Siemeck, Superintendent of Schools.
A. Community Spotlight – School District 67 & 115
Michael Siemeck, Superintendent of Schools, offered the Council an overview of the
status of both school district 67 and 115, the NWEA Assessments and tax comparisons.
Acting Chair Novit shared his all-around appreciation for Mr. Siemecks’ efforts.
B. Lake Forest Business Incubator presentation will be moved to the March 18th Meeting.
C. Michael Thomas gave the Council a quick update on the Hands Free/Cell Phone Ban
signs. 10-15 of the signs will be replaced by the end of the week and additional signeage
will be installed in the future.
21
Proceedings of the March 4, 2013
Regular City Council Meeting
3. Comments by Council Members
Property and Public Land Committee
Alderman Adelman spoke to Council about the February 18, 2013 meeting of the Property and
Public Land Committee where it was unanimously approved and recommended to the City
Council to approve the revised Policy for the Acquisition, Inventory, Sale, Lease and Retention of
Public Property. Periodically this policy is reviewed and it was recommended to add a section
regarding the acquisition of private property.
Alderman Adelman moved to make a motion to approve the adoption of the Lake Forest Policy
for the Acquisition, Inventory, Sale, Lease and Retention of Public Property, seconded by
Alderman Pandaleon. Motion carried unanimously by Voice Vote.
Community Forum Meetings
Alderman Moore commented on the first Community Forum meeting, with approximately 30
residents in attendance. This meeting produced good discussion; Alderman Moore wanted other
Council members to consider how they wished to receive the feedback from all the forum
meetings in order to bring it to Council.
Alderman Pandaleon will be leading the second Community Forum meeting on Thursday, April
18th at Gorton. The topic will include diversity in housing stock.
OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS
None
Acting Chair Novit read the ITEMS FOR OMNIBUS VOTE CONSIDERATION
1. Check Register for Period January 26 – February 22, 2013
Fund Invoice Payroll Total
General 284,854 1,103,355 1,388,209
Water & Sewer 88,917 116,771 205,688
Parks & Recreation 106,356 306,000 412,356
Capital Improvements 54,797 3,884 58,681
Bond Funds - Projects 0 0 0
Motor Fuel Tax 0 0 0
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Proceedings of the March 4, 2013
Regular City Council Meeting
Cemetery 7,033 18,068 25,101
Senior Resources 13,702 20,916 34,618
Deerpath Golf Course 25,332 15,805 41,137
Fleet 144,471 37,517 181,987
Debt Funds 0 0 0
Housing Trust 0 0 0
Park & Public Land 0 0 0
All other Funds 3,418,233 145,286 3,563,519
4 ,143,694 1,767,602 5,911,297
2. Approval of Capital Expense for Fitness Center Treadmills
RECOMMENDED ACTION: Approval to purchase 5 Life Fitness treadmills in the Fitness Center in
the amount of $28,860.75 funded from the Capital Improvement Fund.
3. Award of Bid for the Replacement and Upgrade of Police Department Tahoe’s Included in the
F.Y. 2014 Capital Equipment Budget
RECOMMENDED ACTION: Award of purchase for two Tahoe’s for the Police Department, to the
lowest bidder, Miles Chevrolet, in the amount of $61,000. This is $3,000 under the budgeted
amount of $64,000.
4. Award of Bid for the Replacement of two Unmarked Police Vehicles Included in the F.Y. 2014
Capital Equipment Budget
RECOMMENDED ACTION: Award of purchase for two Police Department Ford Interceptors to
the Northwest Municipal Conference bidder, Currie Motors, in the amount of $54,122. This is
$1,878 under the budgeted amount of $56,000.
5. Ratification of Sports Field Improvement Fund Policy.
RECOMMENDED ACTION: Ratify the Sport Field Improvement Fund Policy.
6. Boat Basin Drudging Policy
23
Proceedings of the March 4, 2013
Regular City Council Meeting
RECOMMENDED ACTION: Approve the revised Lakefront Boat Basin Dredging Policy, becoming
effective in FY14.
7. Approval of the February 19, 2013 regular City Council minutes
RECOMMENDED ACTION: Approve The Omnibus items as presented. With Clarification;
With clarification received as to City Councils direction to the Policy, Alderman Adelman moved
to make a motion to approve the Omnibus items, seconded by Alderman Pandaleon. The
following voted “Yea” Novit, Waldeck, Pandaleon, Moore, Tack, and Adelman. The following
voted “Nay” None. 6-0 Motion carries.
ORDINANCES
None
NEW BUSINESS
1. Consideration of a Resolution Approving the First Amendment to a Power Supply Agreement
Dated April 6, 2012 Between The City of Lake Forest and MC Squared Energy Services, LLC
Bob Kiely, City Manager spoke to Council in regards to a First Amendment to the
Intergovernmental Agreement (IGA) between The City of Lake Forest and the North Shore
Electric Aggregation Consortium (NSEAC).
This first amendment to the agreement includes several additional provisions agreed to by the
NSEAC and MC Squared in late 2012. The City and MC Squared will work cooperatively to
request updated customer information from ComEd at least twice annually. MC Squared will
reimburse the City for the cost of obtaining this data. MC Squared will provide The City of Lake
Forest customers 100% Green option to the community. Under the first agreement amendment,
MC Squared will continue to supply 100% Green Option to Lake Forest at the rate of $1.00 per
REC. MC Squared will provide customers with an internet-based platform to facilitate the
addition of new customers by the end of the first quarter of 2013. MC Squared will eliminate the
$25 early termination fee for the duration of the contract’s term and lastly MC Squared has
agreed to a 20% reduction in its vendor margin, from $0.99 cents/MWh to $0.79/MWh.
Based on historic supply cost trends, February and March offer lower cost electricity supply
contracts than during other times of the year. In order to take advantage of these historic
market trends and to provide for the added features noted above, staff recommended approval
of the amendment.
24
Proceedings of the March 4, 2013
Regular City Council Meeting
Pending approval of the two contract amendments throughout the Consortium by early March,
community staff representatives will work collaboratively with the Consortium’s consultant and
MC Squared to obtain indicative pricing in advance of securing an electricity rate for Year 2,
which runs from June 2013 - May 2014.
Alderman Pandaleon moved to make a motion to approve the first amendment to the Power
Supply Agreement, seconded by Alderman Adelman. The following voted “Yea” Novit, Waldeck,
Pandaleon, Moore, Tack, and Adelman. The following voted “Nay” None. 6-0 Motion carries.
ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
Alderman Moore stated for the record that school bus traffic, school hours and bus routes are
not determined by the City Council but the School District itself. Comments and questions
should be directed to the District.
Acting Chair Novit asked all to drive safe and shovel carefully.
ADJOURNMENT 8:35 p.m.
Alderman Waldeck made a motion to adjourn at 8:35pm, seconded by Alderman Pandaleon. Motion
carried unanimously by voice vote.
Respectfully Submitted,
Margaret Boyer
Deputy City Clerk
25
CHAPTER 4 ALCOHOLIC BEVERAGES
CHARTER REFERENCE—Intoxicating Liquors, Sec. 1 of Article XI
Art. I In General, Sec. 4-1--4-6
Art. II Liquor Control Commissioner, Sec. 4-7
Art. III Licenses, Sec. 4-8--4-18
Art. IV Establishments, Sec. 4-19--4-20
Art. V Sales, Sec. 4-21--4-24
Art. VI Hearings, Sec. 4-25
Art. VII Fines and Penalties, Sec. 4-26
AR T. I IN GENERAL
Sec. 4-1.DEFINITIONS--
Whenever the following words or terms are used in this Chapter, they shall have the meanings
ascribed to them in this Section:
ALCOHOL: The product of distillation of any fermented liquid, whether rectified or diluted,
whatever may be the origin thereof, and includes synthetic ethyl alcohol. It does not include
denatured alcohol or wood alcohol.
ALCOHOLIC LIQUOR: Alcohol, spirits, wine, and beer, and every liquid or solid, patented or not,
containing alcohol, spirits, wine, or beer, and capable of being consumed as a beverage by a
human being. The provisions of this Chapter shall not apply to alcohol used in the manufacture of
denatured alcohol produced in accordance with acts of Congress and regulations promulgated
thereunder, nor to any liquid or solid containing one-half of one percent, or less, of alcohol by
volume.
BEER: A beverage obtained by the alcoholic fermentation of an infusion or concoction of barley or
other grain, malt, and hops in water, and includes among other things beer, ale, stout, lager beer,
porter, and the like.
BRING-YOUR-OW N-BEVERAGE: Alcoholic beverages that patrons or guests of a licensed
premises bring to such licensed premises for their own consumption on the licensed premises.
(Ord. No. 2010-04)
CATERING ESTABLISHMENT: A business conducted by a person, firm or corporation for the
purpose of providing food and service for a banquet or a dinner which may occur in a location
other than premises leased, owned and/or operated by the Catering Establishment, the recipients
of such food and/or service being persons specially invited to such banquet or dinner rather than
members of the general public.
CLUB: A corporation organized under the-laws of the State of Illinois, not for pecuniary profit,
solely for the promotion of some common object other than the sale or consumption of alcoholic
liquors, kept, used, and maintained by its members through the payment of regular dues, and owning,
hiring, or leasing a building or space in a building, of such extent and character as may be suitable
and adequate for the reasonable and comfortable use and accommodation of its members and
their guests and provided with suitable and adequate kitchen and dining room space and
equipment and maintaining a sufficient number of servants and employees for cooking, preparing,
and serving food and meals for its members and their guests; provided, that such club files with the
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Mayor at the time of its application for a license under this Chapter two copies of a list of names
and residences of its members, and similarly files within ten (10) days of election of any additional
member his name and address; and provided further that its affairs and management are
conducted by a board of directors, executive committee, or similar body chosen by the members 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 form of salary or other compensation any profits from the
distribution or sale of alcoholic liquor to the club or the members of the club or its guests introduced
by members beyond the amount of such salary as may be fixed and voted at any annual meeting by
the members or by its board of directors or other governing body out of the general revenue of the
club.
COMMISSIONER: The Lake Forest liquor control commissioner designated in section 4-7 of this
Chapter as well as any committee or other agency appointed by the Commissioner.
CONVEYANCE: Any vehicle, trailer, watercraft, or container operated for the transportation of
person or property.
GATHERING: Any group of three or more persons who have assembled or gathered together for
a social occasion or other activity.
HOST: To aid, conduct, allow, entertain, organize, supervise, control, or permit a Gathering.
HOTEL: Every building or other structure kept, used, maintained, advertised, and held out to the
public to be a place where food is actually served and consumed and sleeping accommodations are
offered for adequate pay to travelers and guests, whether transient, permanent, or residential, in
which twenty-five (25) or more rooms are used for the sleeping accommodations of such guests
and having one or more public dining rooms where meals are served to such guest, such sleeping
accommodations and dining rooms being conducted in the same buildings in connection
therewith and such building or buildings structure or structures being provided with adequate and
sanitary kitchen and dining room equipment and capacity.
ILLICIT DRUGS: Any drug, substance, or compound prohibited by law, including drugs prescribed
by a physician which are in the possession of or used by someone other than the person to whom
the drug was prescribed.
LICENSED PREMISES or PREMISES: The actual physical location described in a local liquor
license at which liquor will be served under the retail liquor license once issued, and may include
either indoor or outdoor dining areas, except that no outdoor area shall be deemed part of the
premises unless expressly identified in the local liquor license. For purposes of this Chapter, the
terms "public dining room" and "public and private dining rooms" shall be included in this definition of
PREMISES.
LICENSEE: A person holding a local liquor license.
LICENSEE,AGENT OF: Any owner, partner, director, officer, manager, employee, or authorized
agent of a licensee but only while engaged in the business of such licensee or present on the
licensed premises of such licensee.
LIQUOR CONTROL ACT: The Illinois liquor control act of 1934,235 ILCS 5/1-1 et seq., as
amended from time-to-time.
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LIQUOR LAWS: This Chapter and all other City ordinances, resolutions, regulations, and rules
relating to alcoholic liquor; the liquor control act and all regulations issued thereunder; all federal,
state, and local laws imposing or pertaining to fees and taxes relating to alcoholic liquor; and all
other federal and state legislation, regulations, and rules applicable to the sale or use of alcoholic
liquor within the City.
LOCAL LIQUOR LICENSE: A license issued pursuant to the provisions of this Chapter.
MINOR: A person under the age of twenty one (21) years.
ORIGINAL PACKAGE:Any bottle, flask, jug, can, cask, barrel, keg, hogs head, or other
receptacle or container, whatsoever used, corked, or capped, sealed and labeled by the manufacturer
of alcoholic liquor, to contain and to convey any alcoholic liquor.
PARENT: Any person having legal custody of a juvenile as a natural, adoptive parent, or
step-parent; as a legal guardian; or as a person to whom legal custody has been given by order of
the court.
PERSON: Any individual, partnership, firm, corporation, or entity.
PUBLIC PLACE: Any place to which the public or a substantial group of the public has access and
includes, but is not limited to, streets, highways, and the common areas of schools, hospitals,
apartment houses, office buildings, transport facilities, parks, businesses, or parking lots.
REASONABLE STEPS: Actions that, if taken, would be expected to avoid or prevent a prohibited
Gathering [as provided in Section 4-22(6) of this Code], which may include but are not limited to
controlling access to Alcoholic Liquor at the Gathering; controlling the quantity of Alcoholic Liquor
present at the Gathering; verifying the age of Persons attending the Gathering by inspecting
drivers licenses or other government issued identification cards to ensure that Minors do not
consume Alcoholic Liquor while at the Gathering; supervising the activities of Minors at the
Gathering; and calling for police assistance in the event people under 21 are in possession of
Alcoholic Liquor at the Gathering.
RELIGIOUS CEREMONY: Any bona fide rite, ceremony, service, or event sponsored or
sanctioned in connection with the exercise of a person's religious belief that involves the
possession, consumption, and dispensation of Alcohol or Alcoholic Liquor.
RESIDENCE or SITE: Any home, yard, farm, field, land, apartment, condominium, hotel or motel
room, other dwelling unit, hall, meeting room, park, or any other place of assembly, public or
private, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or
specifically for a party or other social function, and whether owned, leased, rented, or used with or
without permission or compensation.
RESPONSE COSTS: The costs associated with responses by law enforcement, fire, and other
emergency response providers to a Gathering, including but not limited to: (1) salaries and
benefits of law enforcement, code enforcement, fire, or other emergency response personnel for
the amount of time spent responding to, remaining at, or otherwise dealing with a Gathering, and
the administrative costs attributable to such response(s); (2) the cost of any medical treatment for
any law enforcement, code enforcement, fire, or other emergency response personnel injured
while responding to, remaining at, or leaving the scene of a Gathering; and (3) the cost of
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repairing any City equipment or property damaged, and the cost of the use of any such equipment
in responding to, remaining at, or leaving the scene of a Gathering.
RESTAURANT: A public place primarily kept, used, maintained, advertised and held out to the public
for the serving of meals to patrons seated at tables or booths, and where complete meals are
actually and regularly served, such space being provided with adequate and sanitary kitchen and
dining room equipment and capacity and having employed therein a sufficient number and kind of
employees to prepare, cook and serve suitable food for its guests.
RETAIL SALE, SELL AT RETAIL, AND SALE AT RETAIL: Sales for use or consumption and not
for resale in any form.
SALE: Any transfer, exchange or barter in any manner, or by any means whatsoever, with or
without consideration, and includes all sales made by any person, whether principal, proprietor,
agent, servant or employee.
TO SELL: Includes to keep or expose for sale and to keep with intent to sell.
SPIRITS: Any beverage, which contains alcohol obtained by distillation, mixed with water or
other substance in solution, and includes brandy, rum, whiskey, gin, or other spirituous liquors,
and such liquors when rectified, blended or otherwise mixed with alcohol or other substances.
STATE LIQUOR LICENSE: A license issued by the Illinois liquor control commission pursuant to
the provisions of the liquor control act.
WINE: Any alcoholic beverage obtained by the fermentation of the natural contents of fruits or
vegetables,containing sugar, including such beverages when fortified by the addition of alcohol
liquor, as defined above.
(Added per Ord. No. 2010-05)
Sec. 4-2.SALE OF ALCOHOLIC LIQUOR---
It shall be unlawful to peddle or otherwise sell alcoholic liquor at locations not specified in a duly
authorized local liquor license in the City.
Sec. 4-3.MANUF AC TURE PROHIBITED--
It shall be unlawful for any person to engage in the business of manufacturing alcoholic liquor in
the City.
Sec. 4-4. DRINKING IN PUBLIC PLACE---
(a)It shall be unlawful for any person to consume any alcoholic beverages of any type
either (i) in any place of public accommodation or public place (other than licensed premises), or
(ii) upon any public street, alley or thoroughfare.
(b)It shall be unlawful for any licensee to permit any person to consume any alcoholic
beverages of any type at any licensed premises unless such alcoholic beverages are either (i) sold
by such licensee pursuant to a license allowing sale of alcoholic beverages for consumption on
such licensed premises or (ii) bring-your-own-beverages and the licensed premises has a Class
I-1 license. (Ord. No. 2010-04)
Sec. 4-5.GIVE AWAY PROHIBITED---
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It shall be unlawful for any person to give away or otherwise dispense free of charge, by the drink or in
any other manner, within the City, an alcoholic beverage except that the giving away by a Class A, B,-1
or B-1 licensee, without charge, of wine in small and limited amounts for tasting purposes only,
immediately prior and incidental to, the sale of wine in the original package for consumption off the
premises shall not be considered a violation of this Section. Such give away, however, shall be
subject to the following conditions and limitations: (a) the tastings shall be attended by and
supervised by a full-time employee and only in a designated area on the licensed premises as
approved by the Commissioner and designated in the license; (b) the actual amount of wine
tasted may not exceed an ounce; and, (c) the sample shall be served in a container which shall be
disposed of following sample. Furthermore, it is hereby declared unlawful to advertise the
availability of "tasting" through any public media or other means of communication other than: (1)
on the premises where the “tasting” will occur; or (2) by a direct mailing that provides the date
and location of the “tasting.” Notification of the date and location of a particular “tasting” shall
not be sent to more than 200 individual residences. Further, the provisions of this Section
prohibiting give away or other dispensing of alcoholic beverages shall not apply to Class F-l,2,
Class F-23 or Class F-34 licenses.
Sec. 4-6.APPLICABILITY OF OTHER LAWS--
(1)State Law Adopted: All of the provisions,including all words and phrases, of the liquor
control act and the rules and regulations issued by the Illinois liquor control commission pertaining
to local control of alcoholic liquor, as the same may be amended from time to time, are hereby
incorporated into and declared to be a part of this Chapter as if expressly set forth herein.
(2)Compliance With All Regulations Required: Nothing in this Chapter shall excuse or
release any person from compliance with the requirements of any other applicable federal, state
or local code, ordinance, regulation, or rule.
AR T. II LOCAL LIQUOR CONTROL COMMISSION
Sec. 4-7 LAKE FOREST LIQUOR CONTROL COMMISSIONER--
(1)Mayor Designated Commissioner: The Mayor is hereby designated as the Lake Forest
Liquor Control Commissioner.
(2)Powers, Functions, And Duties Of Commissioner: The Commissioner shall have the
following powers, functions, and duties:
(a)To administer within the City all liquor laws.
(b) To appoint a person or persons to assist him or her in the exercise of the powers
and the performance of the duties herein provided.
(c) To conduct hearings as provided in this Chapter for the purpose of fulfilling any of
the enumerated powers, functions, and duties of the Commissioner; to hear testimony and
take proof of information in the performance of his or her duties; and for such purposes to
issue subpoenas effective in any part of the State.
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(d) To examine or cause to be examined, under oath, any licensee and any applicant
for a local liquor license or for a renewal thereof and to examine or cause to be examined
the books and records of any such licensee or applicant.
(e) To receive fees for local liquor licenses and deliver the same forthwith to the City
director of finance.
(f) To require two (2) sets of fingerprints of any applicant for a local liquor license or, in
the reasonable discretion of the Commissioner,for a renewal thereof, one for the City files
and one to deliver to the Illinois department of state police, and for purposes of obtaining
such fingerprints to require the applicant to pay such fee as may be required by the Illinois
department of state police.
(g) To grant or renew local liquor licenses in accordance with the provisions of the
liquor laws.
(h) To deny any application for the issuance or renewal of a local liquor license to any
applicant or premises that the Commissioner has determined to be ineligible therefor in
accordance with the provisions of the liquor laws.
(i) To keep or cause to be kept a complete record of all local liquor licenses and to
furnish the City Clerk with a copy thereof; and, on the issuance or renewal of any local
liquor license, or the revocation or suspension of any existing local liquor license, to give
notice of such action to the City Clerk within three (3) days after such action.
(j) To lawfully enter, or to authorize any law enforcement officer to lawfully enter, at
any time, any licensed premises to determine whether any of the provisions of the liquor
laws have been or are being violated and at the time of such entry to examine such
licensed premises in connection with such determination.
(k) To receive complaints from citizens that any of the provisions of the liquor laws
have been or are being violated and to act on such complaints in the manner provided in
this Chapter and the other liquor laws.
(l) To examine any licensee on whom notice of revocation or suspension has been
served.
(m) To suspend for cause for not more than thirty (30) days any local liquor license, to
revoke for cause any local liquor license, and to levy fines against any licensee, all in
accordance with the liquor laws.
(n) To report whenever requested by the City Council all of his or her acts taken to
enf orce the liquor laws and all acts taken in regard to the collection of local liquor license
fees.
(o) To notify the Illinois secretary of state when a club incorporated under the Illinois
general not-for-prof it corporation act or a foreign corporation functioning as a club in Illinois
under a certificate of authority issued under that act has violated the liquor control act by
selling or offering for sale at retail alcoholic liquor without a retailer's license.
(3)Compensation: The Commissioner shall serve without compensation.
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AR T. III LICENSES
Sec. 4-8. REQUIRED--
(1)Local And State Liquor Licenses Required: It shall be unlawful for any person not
having a current, valid local liquor license and a current, valid state liquor license to sell or offer for
sale in the City any alcoholic liquor.
(2)Sale In Violation Of License Prohibited: It shall be unlawful for any licensee to sell, offer for
sale, or dispense in the City any alcoholic liquor except in the manner authorized by, and in
compliance with, the terms and restrictions of the liquor laws and such licensee's local liquor license.
(3)Display Of License: Every licensee shall cause his or her current local liquor license
to be framed and hung in plain view in a conspicuous place on the licensed premises.
(4)Exception to License Requirement: Notwithstanding any provisions in this Chapter to the
contrary, the occupant of any dwelling unit does not require a license under this Chapter to sell,
otherwise transfer, or provide liquor to others without consideration.
Sec. 4-9.LOCAL LIQUOR LICENSES AND FEES--
Every person engaged in the retail sale of alcoholic liquor in the City shall pay an annual license fee.
Such licenses shall be divided into classes, which classes and the license fees shall be as follows:
(1)CLASS A-1 LICENSES, which shall authorize the retail sale of alcoholic liquor in original
package not for consumption on the premises where sold. The annual fee for such a license shall
be two thousand six hundred dollars ($2,600.002,700.00). The Commissioner, upon application
of the holder of a Class A-1 license, may authorize such licensee to give away wine for tasting
purposes only on the licensed premises subject to all of the terms and conditions set out in Section
4-5. The annual fee for such tasting privileges shall be two hundred fifty dollars ($275.00).
(2)CLASS A-12 LICENSES, which shall authorize the retail sale of beer and wine in original
package not for consumption on the premises where sold. The annual fee for such license shall
be five hundred ($500.00600.00).
(3)CLASS A-2 LICENSES, which shall authorize the retail sale of wine in original package not
for consumption on the premises where sold. The annual fee for such license shall be five
hundred ($500.00).(4)CLASS B-1 LICENSES, which shall authorize the retail sale of alcoholic
liquor for consumption either on or off the premises. The annual fee for such license shall be two
thousand one hundred dollars ($2,100.002,200.00). The annual fee for such tasting privileges
shall be two hundred fifty dollars ($275.00).
(54)CLASS B-1 LICENSES, which shall authorize the retail sale of beer and wine for
consumption either on or off the premises. The annual fee for such license shall be one thousand
nine hundred dollars ($1,900.00). The annual fee for such tasting privileges shall be two hundred
fifty dollars ($275.00).
(6)CLASS C LICENSES, which shall authorize the retail sale of beer and wine for
consumption on the premises of a restaurant only and served indoors as part of a meal. The
annual fee for such license shall be one thousand nine hundred dollars ($1,900.00).
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(7)CLASS C-1 LICENSES, which shall authorize the retail sale of alcoholic liquors for
consumption on the premises of a restaurant only and served indoors as part of a meal. The
annual fee for such license shall be two thousand one hundred dollars ($2,100.00).
(8)CLASS C-2 LICENSES, which shall authorize the retail sale of beer and wine for
consumption on the premises of a restaurant only and served indoors, with or without a meal. The
annual fee for such license shall be two thousand three hundred dollars ($2,300.00).(9)CLASS
C-3C-1 LICENSES, which shall authorize the retail sale of alcoholic liquor for consumption on the
premises of a restaurant only and served indoors, with or without a meal. The annual fee for such
license shall be two thousand five hundred dollars ($2,500.002,600.00).
(10)CLASS C-4 LICENSES, which shall authorize the retail sale of beer and wine for
consumption on the premises of a restaurant only and served indoors, with or without a meal, or
for consumption off-premises when sold as part of a carryout meal. The annual fee for such
license shall be two thousand seven hundred dollars ($2,700.00).(12)CLASS C-55)CLASS
C-2 LICENSES, which shall authorize the retail sale of alcoholic liquor for consumption on the
premises of a restaurant only and served indoors, with or without a meal, or for consumption
off-premises when sold as part of a carryout meal. The annual fee for such license shall be two
thousand nine hundred dollars ($2,900.003,000.00).
(13)CLASS C-6 LICENSES, which shall permit the holder of any C, C-2, or C-4 licensee to
provide beer and wine service outdoors, but only upon such terms and conditions as the local
liquor commissioner may establish for the licensed premises. The annual fee for such license
shall be seven hundred dollars ($700).(146)CLASS C-73 LICENSES, which shall permit
the holder of any C-1, C-3,1 or C-52 licensee to provide alcoholic liquor service outdoors, but
only upon such terms and conditions as the local liquor commissioner may establish for the
licensed premises. The annual fee for such license shall be seven hundred dollars ($700800).
(157)CLASS D-1 LICENSES, which shall authorize the retail sale of alcoholic liquor by a club,
to its members and their guests for consumption on the club premises. The annual fee for such
license shall be two thousand four hundred dollars ($2,400.002,500.00).
(168) CLASS E-1 LICENSES, which shall authorize the retail sale by restaurants and,hotels, or
residential care facilities having seating accommodations at tables or booths for 100 or more
persons, of alcoholic liquor by the drink for consumption on the premises by customers of the
restaurant or hotel, such sales shall be exclusively with and incidental to the ordering and serving of a
complete meal to such customer, seated at a table or booth, in the public dining room of the restaurant
or hotel, but only between the hours of eleven (11:00) o'clock A.M. and twelve (12:00) o'clock
midnight; and which shall also authorize the retail sale of alcoholic liquor for consumption in the
public and private rooms of the restaurant or hotel for privately sponsored parties, lunches,
dinners, receptions, and similar gatherings where attendance is limited to invited guests, but only
between the hours of eleven (11:00) o'clock A.M. and twelve (12:00) o'clock midnight. The annual
fee for such license shall be two thousand nine hundred dollars ($2,900.003,000.00).
(17)CLASS E-1 LICENSES, which shall authorize the retail sale by restaurants, having seating
accommodations at tables or booths for less than 100 persons, of alcoholic liquor by the drink for
consumption on the premises by customers of the restaurant, such sales shall be exclusively with and
incidental to the ordering and serving of a complete meal to such customer seated at a table or booth
in the public dining room of the restaurant, but only between the hours of eleven (11:00) o'clock
A.M. and twelve (12:00) o'clock midnight; and which shall also authorize the retail sale of alcoholic
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liquor for consumption in the public and private dining rooms of the restaurant for privately
sponsored parties, lunches, dinners, receptions, and similar gatherings where attendance is limited
to invited guests, but only between the hours of eleven (11:00) o'clock A.M. and twelve (12:00)
o'clock midnight. The annual fee for such license shall be two thousand three hundred dollars
($2,300.00). (189)CLASS F-1 LICENSES, which shall authorize the retail sale of alcoholic
liquor by the drink to its members by a religious, charitable, fraternal, or other not-for-profit
organization, other than clubs as defined herein, which holds periodic meetings of its members. All
applications for a Class F-1 license shall state the names and addresses of all officers of the
organization, and the address of the premises upon which the sale of alcoholic liquor will be made.
The annual fee for such license shall be $50.00.100.00.
(1910)CLASS F-l2 LICENSES, which shall authorize the retail sale of alcoholic liquor by the drink
by religious, charitable, fraternal, or other not-for-profit organizations, for periods not in excess of 48
hours. All applications for a Class F-l2 license shall state the names and addresses of all officers of
the organization, the address of the premises upon which the sale of alcoholic liquor will be made,
the estimated attendance upon the premises during the period of the license and whether such
sales will be made to the public or only to bona fide members of the organization for which the
license is requested. Satisfactory evidence from the owner of the premises shall be furnished
showing the authorization to the applicant for the use of said premises, including the sale of alcoholic
liquor for the period for which the license is requested. The fee for a Class F-l2 license shall be
$50.00 for each 24 hour period or any part thereof.
(2011)CLASS F-23 LICENSES, which shall authorize the retail sale on City-owned property or
on school grounds, by members and guests of religious, charitable, fraternal or other
not-for-profit organizations and groups, for a period not in excess of 48 hours. All applications for
a Class F-23 license shall state the names and addresses of all officers of the organization, the
address of the premises upon which the sale or give-away of alcoholic liquor will be made, the
estimated attendance upon the premises during the period of the license and whether such sales
or give-away will be made to the public or only bona fide members of the organization or group for
which the license is requested. Satisfactory evidence from the owner of the premises shall be
furnished showing the authorization to the applicant for the use of said premises, including the
sale of alcoholic liquor, for the period for which the license is requested. The fee for a Class F-23
license shall be $150.00 for each 24-hour period or any part thereof.
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(2112) CLASS F-34 LICENSES, which shall authorize the retail sale of alcoholic liquor by the drink
by a person whose premises are located in either the B-1, B-2, B-3, or B-4 zoning districts in the
City, for periods not in excess of 48 hours. All applications for a Class F-34 license shall state the
names and addresses of the individual or, if the person is a business entity, all officers of such
entity, the address of the premises upon which the sale of alcoholic liquor will be made, the
estimated attendance upon the premises during the period of the license, and whether such sales
will be made to the public or limited to individuals associated with the person seeking the Class F-34
license. Satisfactory evidence from the owner of the premises shall be furnished showing the
authorization to the applicant for the use of said premises, including the sale of alcoholic liquor for the
period for which the license is requested. The fee for a Class F-34 license shall be $50.00 for each
24 hour period or any part thereof, and no person or premises shall be entitled to have a Class
F-34 license issued therefor more than two times in any license year.
(2213) CLASS F-45 LICENSES, which shall authorize events sponsored by religious, charitable,
fraternal or other not-for-profit organizations and groups, for a period not in excess of 48 hours at
which beer and wine may be consumed (but not given away or sold at retail) on public
property. All applications for a Class F-45 license shall state the names and addresses of all
officers of the organization, the location of the event, the estimated attendance upon the
premises during the period of the license. Satisfactory evidence from the owner of the premises
shall be furnished showing the authorization to the applicant for the use of said premises,
including the consumption of beer or wine, for the period for which the license is requested. In
addition, such license shall be subject to the applicant first securing a special event permit from
the City. The fee for a Class F-45 license shall be $50.00 for each 24-hour period or any part
thereof.
(22A) CLASS F-514) CLASS F-6 LICENSES, which shall authorize the retail sale of alcoholic
liquor on City-owned property or on school grounds, by holders of any Class A-1, A-2, B-1, C-1,
C-2, or E-1 liquor license for outdoor events open to the public for a period not in excess of 72
hours. All applications for a Class F-6 license shall state the names and addresses of the
individual applicant or all officers of the organization, the address of the premises upon which
the sale or give-away of alcoholic liquor will be made, the estimated attendance upon the
premises. The applicant must also submit a proposal for the special event identifying the type of
event, proposed hours, proposed security plan,evidence that the licensed premises is covered by
Dram Shop Liability Insurance in maximum limits so as to hold harmless the City, its elected or
appointed officials, officers, employees, agents, representatives, and attorneys from all financial
loss, damage or harm,and any other information regarding the event or applicant requested by
City Staff. T he event must be approved by the City in writing pursuant to its applicable policies for
such events prior to the issuance of any Class F-6 License. The fee for a Class F-6 license shall
be $_____for each 24-hour period or any part thereof.
(15) CLASS F-7 LICENSE, which shall authorize the retail sale of alcoholic liquor on private
property, by for-profit organizations and individuals in connection with sporting events for which
the public is able to purchase tickets to attend. A separate Class F-7 license shall be required
for each vendor of alcoholic liquor associated with the event.All applications for a Class F-7
license shall state the names and addresses of the individual applicant or all officers of the
organization, the address of the premises upon which the sale or give-away of alcoholic liquor will
be made, the estimated attendance upon the premises. The applicant must also submit a
proposal for the special event identifying the type of event, proposed hours, proposed security
plan, and any other information regarding the event or applicant requested by City Staff. The fee
for a Class F-7 license shall be $_____ for each 24-hour period or any part thereof on which the
sporting event takes place.
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(16) CLASS F-8 LICENSES, , which shall authorize the retail sale, give away, or other dispensing
free of charge, of alcoholic liquor for consumption on the premises of any City-owned property
that is operated and occupied by a not-for-profit organization when such retail sale, give away, or
other dispensing free of charge is incidental and complementary to a special event sponsored by
such not-for-profit organization from time to time; provided, however, that no more than 25 such
special events shall be permitted during any license year. In addition to the requirements set forth
in this Section 4-9(22A), the applicant shall submit to all other requirements of Chapter 4 of the
City Code of Lake Forest, as amended, as well as the Illinois Liquor Control Act of 1934, 235 ILCS
5/1-1 et seq. Any such retail sale, give away, or other dispensing free of charge that is incidental
and complementary to a special event shall also be subject to the following conditions and
limitations:
(a)the applicant shall provide written notice to the Local Liquor Control
Commissioner, or the Commissioner's designee, no less than five business days prior to any
special event at which alcoholic liquor will be served. Such notice shall include the date, time,
location within the licensed premises, and number of invitees or anticipated attendees for such
special event; and
(b)the applicant shall supervise, or cause to be supervised, the retail sale, give away,
or other dispensing free of charge of alcoholic liquor, to ensure that such retail sale, give away, or
other dispensing free of charge of alcoholic liquor is confined to area within the licensed premises
identified in the notice to the Local Liquor Control Commissioner and is properly monitored to
ensure that no underage consumption of alcoholic beverages is permitted. The Liquor Control
Commissioner or the Commissioner's designee may require the applicant to develop appropriate
protocols to ensure compliance with this Subsection (b); and
(c)the applicant shall not advertise, or otherwise publish the availability of alcoholic
liquor through any media or other means of communication, with the sole exception that a mailed
invitation for a special event may advertise the availability of alcoholic liquor at such special event;
and
(d)the applicant shall provide evidence to the Local Liquor Control Commission, at
the time of its application for a F-5 liquor license, that the licensed premises is covered by Dram
Shop Liability Insurance in maximum limits so as to hold harmless the City, its elected or
appointed officials, officers, employees, agents, representatives, and attorneys from all financial
loss, damage or harm; and
(e) in connection with any special event on the licensed premises, the Local Liquor
Control Commissioner may impose such conditions and requirements that may be reasonable or
appropriate to ensure that the public health, safety, welfare, and convenience are protected and
preserved.
The annual fee for such license shall be $1,000.00.1,100.00.(Ord. 06-14)
(22B17) CLASS F-69 LICENSES, , which shall authorize the retail sale, give away, or other
dispensing free of charge, of beer or wine for consumption on the premises of any City-owned
property that is operated, used, or occupied by a not-for-profit organization when such retail sale,
give away, or other dispensing free of charge is incidental and complementary to a special event
sponsored by such not-for-profit organization from time to time; provided, however, that no more
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than 12 such special events shall be permitted during any license year. In addition to the
requirements set forth in this Section 4-9(22B), the applicant shall submit to all other requirements
of Chapter 4 of the City Code of Lake Forest, as amended, as well as the Illinois Liquor Control
Act of 1934, 235 ILCS 5/1-1 et seq. Any such retail sale, give away, or other dispensing free of
charge that is incidental and complementary to a special event shall also be subject to the
following conditions and limitations:
(a)the applicant shall provide written notice to the Local Liquor Control
Commissioner, or the Commissioner's designee, no less than five business days prior to any
special event at which alcoholic liquor will be served. Such notice shall include the date, time,
location within the licensed premises, and number of invitees or anticipated attendees for such
special event; and
(b)the applicant shall supervise, or cause to be supervised, the retail sale, give away,
or other dispensing free of charge of alcoholic liquor, to ensure that such retail sale, give away, or
other dispensing free of charge of alcoholic liquor is confined to the area(s) within the licensed
premises identified in the notice to the Local Liquor Control Commissioner and is properly
monitored to ensure that no underage consumption of alcoholic beverages is permitted. The
Liquor Control Commissioner or the Commissioner's designee may require the applicant to
develop appropriate protocols to ensure compliance with this Subsection (b); and
(c)unless a specific event is otherwise authorized by resolution of the City Council,
the applicant shall not advertise, or otherwise publish the availability of alcoholic liquor through
any media or other means of communication; provided, however, that a mailed invitation for a
special event may advertise the availability of beer or wine at such special event; and
(d)the applicant shall provide evidence to the Local Liquor Control Commission, at
the time of its application for a F-6 liquor license, that the licensed premises is covered by Dram
Shop Liability Insurance in maximum limits so as to hold harmless the City, its elected or
appointed officials, officers, employees, agents, representatives, and attorneys from all financial
loss, damage or harm; and
(e) in connection with any special event on the licensed premises, the Local Liquor Control
Commissioner may impose such conditions and requirements that may be reasonable or
appropriate to ensure that the public health, safety, welfare, and convenience are protected and
preserved.
The annual fee for such license shall be $500.00.600.00.
(23(18) CLASS G-1 LICENSE, which shall authorize the retail sale of alcoholic liquor by the drink
by institutions of higher learning. Such sales shall be limited to periods of time when groups are
assembled on the premises solely for the promotion of some common object other than the
sale or consumption of alcoholic liquor. The annual fee for such licenses shall be
$100.00.200.00.
(2419) CLASS G-12 LICENSE, which shall authorize the retail sale of beer and wine in single
servings by institutions of higher learning at designated locations upon the grounds of such
institutions and accessible only to the faculty, staff, alumni, and students, and pre-registered
visitors of such institution of higher learning, and their families and guests, all of whom must be at
least 21 years of age,for consumption on the licensed premises; limiting the consumption of beer
and wine to indoors on the premises provided that: (a) retail sales of alcoholic liquor at a Class
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G-12 licensed establishment shall only be authorized to operate between the hours of 5 p.m. and
12 midnight daily 11 p.m. Sunday through Thursday, and from 5 p.m. to 1 a.m. on Fridays and
Saturdays; and (b) the license application shall include a detailed plan of the monitoring and
security measures, for ensuring that the licensed premises shall be limited to the persons to
whom access is limited. The annual fee for such license shall be $500.600.
(2520) CLASS H LICENSE, available only to holders of a valid existing liquor license of any of the
foregoing classes. Class H license, which shall authorize the retail sale of alcoholic liquors by
Catering Establishments solely between the hours of 11:00 a.m. and 12:00 midnight, Sunday
through Saturday, in connection with, and as an incidental part of, the catering of food for private
events at a premises not otherwise licensed for the retail sales of alcoholic beverages. A private
event shall be defined as an event not available to the general public except by appointment or
special invitation. Such Class H licenses shall be of (2) classifications:
(1) CLASS H-1 LICENSES, which shall authorize the retail sale of beer and wine at
a catered event. The annual fee for each such license shall be $500.600.
(2) CLASS H-2 LICENSES, which shall authorize the retail sale of any alcoholic
liquor at a catered event. The annual fee for each such license shall be $1,000.1,100.
(2621)CLASS I-1 LICENSES, which shall be authorize any B, B-1,C,C-1, C-2, C-3, C-4, C-5, C-6,
C-7, D, E,D-1,E-1, or F-1 licensee to permit bring-your-own-beverages to be consumed on the
licensed premises of the type permitted by the licensee's license and to impose a corkage fee relating
to each container of bring-your-own-beverage of not to exceed $10.00 per bring-your-own-beverage
container. There shall be no annual fee for such license. (Ord. No. 2010-04)
(27)No person shall be issued or permitted to hold more than one class of license, or more
than one license of any class, with the exceptions that: (a) any person may be issued one Class A-1
or A-2 license on an annual basis in addition to such person's already existing license of any class;
(b) any Class C, C-1, C-2, C-3, C-4, or C-5 license holder may also seek a Class C-6 or C-7
license, as applicable; and (c) the holder of a Class G license may also hold a Class G-1 license;
and (d) any qualified licensee may also hold a Class I license. Additionally, any person holding a
valid license of any class may also be issued a Class S Special Event license, up to a maximum of four
(4) times per year. Nothing in this Subsection shall prohibit any person from obtaining one or more
Class F-1, Class F-2, Class F-3, or Class F-4 licenses in any license year.(2822)TERM;
PRORATING FEE---Each such license shall terminate the 30th day of April next following its
issuance. The fee to be paid shall be reduced in proportion to the full calendar months which have
expired in the year prior to the issuance of the license. (Ord. No. 2010-04)
(23)CONDITIONS ON LICENSES---All licenses classifications identified in this Section 4-9
may be subject to additional conditions required by the Commissioner or City Council. The
conditions shall be listed on the license and may relate to, security procedures, placement or
location of alcoholic liquor on the licensed premises, food service requirements, hours of sale or
service, or other matters that affect the health, safety, and welfare of the residents of the City.
(24)FEE W AIVERS---The Commissioner shall have the authority to waive any fee prescribed
herein for any license on City property or any license for an event sponsored by the City or other
governmental agency.
Sec. 4-10.NUMBER OF LICENSES---The number of liquor licenses issued by the City shall
be limited as follows:
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Class Maximum Number of Licenses Authorized
A 7
A-1 26
A-2 13
B 2
B-1 02
C 0
C-1 03
C-2 09
C-3 38
C-4 1
C-5 6
C-6 1
C-7 6
D-1 5
E 1
E-1 02
F 0
F-1 As many as determined reasonable by the Commissioner1
F-2 As many as determined reasonable by the Commissioner
F-3 As many as determined reasonable by the Commissioner
F-4 As many as determined reasonable by the Commissioner
F-5 1As many as determined reasonable by the Commissioner
F-6 3As many as determined reasonable by the Commissioner
GF-7 1As many as determined reasonable by the Commissioner
F-8 1
F-9 4
G-1 21
G-2 2
H-1 0
H-2 1
I-1 UnlimitedNo more than the total number of Class B-1, C-1, C-2, C-3,
D-1, E-1, and F-1 Licenses issued by the City
Sec. 4-11.LIST---
The Commissioner shall keep or cause to be kept a complete record of a ll such licenses issued by
him and shall furnish the City Clerk, Treasurer, and Chief of Police each with a copy thereof. Upon
the issuance of any new licenses or the revocation of any old license, the Commissioner shall give
written notice of such action to each of these officers within 48 hours of such action.
Sec. 4-12.TRANSFER OF LICENSES---
A license shall be purely a personal privilege good for not to exceed one year after issuance,
unless sooner revoked as provided in this Chapter, and shall not constitute property, nor shall it be
subject to attachment, garnishment, or execution, nor shall it be available or transferable, voluntarily,
or subject to being encumbered or hypothecated. Such license shall not descend by the laws of
testate or intestate devolution, but it shall cease upon the death of the licensee, provided that
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executors or administrators of the estate of any deceased licensee, and the trustee of any insolvent or
bankrupt licensee, when such estate consists in part of alcoholic liquor, may continue the business
of the sale of alcoholic liquor under order of the appropriate court, and may exercise the privileges
of the deceased or insolvent or bankrupt licensee after the death of such decedent, or such
insolvency or bankruptcy until the expiration of such license, but not longer than six months after
the death, bankruptcy, or insolvency of such licensee. A refund shall be made of that portion of
the license fees paid for any period in which the licensee shall be prevented from operating under
such license, in accordance with the provisions of this Paragraph.
Any licensee may renew his license at the expiration thereof, provided he is then qualified to receive a
license and the premises for which such renewal license is sought are suitable for such purposes;
and provided, further, that the renewal privilege herein provided for shall not be construed as a
vested right which shall in any case prevent the CommissionerCity Council from decreasing the
number of licenses to be issued within his jurisdiction.
Sec.4-13.CHANGE OF LOCATION---
A retail liquor license shall permit the sale of alcoholic liquor on the premises described in the
application and license. Such location may be changed only upon the written permit to make such
change issued by the Commissioner. No change of location shall be permitted unless the proposed
new location is a proper one for the retail sale of alcoholic liquor under the law of this State and for
the Ordinances of the City.
Sec. 4-14.LOCATION RESTRICTIONS---
No license shall be issued for the sale at retail of any alcoholic liquor within 100 feet of any church
building used for worship or educational purposes, school (other than an institution of higher
learning), hospital, senior citizen housing, daycare center, nursing or personal care facility, or any
military or naval station. Notwithstanding the foregoing sentence, this prohibition shall not apply to
hotels offering restaurant service, regularly organized clubs, or other places where sale of alcoholic
liquor is not the principal business carried on, if such place of business so exempted shall have
been established for such purposes prior to the time such other use was established within one
hundred feet of the licensed premises; nor to the renewal of a license for the sale of alcoholic
liquor on premises within 100 feet of any church where such church has been established within
such 100 feet since the issuance of the original license. Nothing contained in this paragraph shall
restrict the issuance of a license for the sale of beer and wine for consumption on the premises of
such college or university, at a location upon the main premises of such college or university approved
by the City Liquor Commission, to those persons among the students, faculty and staff of such
college or university and their families or guests to whom such sales are authorized by law.
No license shall be issued to any person for the sale at retail of any alcoholic liquor other than
beer or wine at any store or other place of business where the majority of customers are minors or
where the principal business transacted consists of school books, school supplies, food, lunches,
or drinks for such minor.
No license shall be issued to any person where the sales of alcoholic beverages shall occur on
the same zoning lot where gasoline is either sold or dispensed.
Sec. 4-15. REVOCATION--SUSPENSION—
The Commissioner may suspend, for not more than 30 days or revoke for cause, any liquor license
for any violation of any provisions contained in this Chapter or the Statutes of the State of Illinois
pertaining to the sale of alcoholic liquor.
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Sec. 4-16.APPLICATION FOR LOCAL LIQUOR LICENSE--
(1)Application Generally: Applications for local liquor licenses shall be made to the
Commissioner on a form prescribed by the Commissioner; shall be in writing; shall be signed by the
applicant if an individual, or by one of the partners on behalf of a ll partners if a partnership, or by
a duly authorized agent if a corporation; and shall be verified by an oath or affidavit. Each
application shall specifically identify the applicant and the licensed premises to which a local liquor
license would be issued, and the filing of an application shall authorize the local liquor commissioner
or the commissioner’s agents to conduct all necessary or appropriate background checks of the
applicant and its agents, owners, and representatives.
(2)Background Information: Each application shall include the following background
information:
(a) The name, age, address and social security number of the applicant; in the case of
a partnership, also of the persons entitled to share in the profits thereof; in the case of a
corporation or club, the names and addresses of the officers and directors and every
person owning or controlling more than five percent (5%) of the voting shares of stock or
the ownership interest.
(b) In the case of an individual, the citizenship and place of birth of the applicant and, if
a naturalized citizen, the time and place of his or her naturalization. In the case of a
corporation, the date and place of incorporation and the objects for which it was formed
and proof that it is a corporation in good standing and authorized to conduct business in the
State.
(c) The character of business of the applicant.
(d) The length of time that the applicant has been in the business of the character
specified in response to Subsection (2)(c)of this Section.
(e) The amount of goods, wares, and merchandise on hand at the time application is
made.
(f) The location and description of the premises for which a local liquor license is
sought and the specific name of the business that is to be operated under such local liquor
license.
(g) The names of each governmental body from which the applicant (and all other
persons identified in Subsection 2(a) of this Section) has received a liquor license within
ten (10) years immediately prior to the date of the present application.
(h) A telephone number or numbers at which the licensee or the manager can be
contacted twenty four (24) hours per day.
(3) Statements Required: For any license or renewal of a license, the applicant shall be
required to make statements regarding such applicant and all persons to be identified pursuant
to Section 4-16(2)(a). If the applicant is an individual, that individual shall subscribe to all of the
statements set out below. If the applicant is a partnership, each partner shall subscribe to all of the
statements set out below; provided, however, that if the applicant is organized as a limited
partnership, then the statement concerning active involvement provided in Subsection (3)(q) of
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this Section shall be required only of all general partners. If the applicant is a corporation, each
director and officer thereof and every person owning or controlling more than five percent (5%) of
the voting shares or the ownership interest of such corporation shall subscribe to all of the
statements set out below. If the business for which a local liquor license is sought will be managed
by a manager or agent, every such manager or agent shall subscribe to all of the statements set
out below. The submission of false information in regarding the following statements shall be
grounds for denial, revocation, or nonrenewal of a liquor license.
(a) A statement as to whether or not the applicant has a current, valid state liquor
license for the premises covered by the application.
(b) A statement as to whether or not the applicant has ever been convicted of a
felony under any federal or state law.
(c) A statement as to whether or not the applicant has ever been convicted of a
violation of any federal or state law or local ordinance concerning the manufacture,
possession, sale, or dispensation of alcoholic liquor or has ever forfeited his or her bond to
appear in court to answer charges for any such violation.
(d) A statement as to whether the applicant has ever been convicted of a gambling
offense as proscribed by any state or federal law or regulation or has ever forfeited his or
her bond to appear in court to answer charges for any such violation.
(e) A statement whether the applicant has made similar application for a similar
license for a premises other than described in the application, and the disposition of such
application.
(f) A statement as to whether or not the applicant has had revoked any liquor license
issued under state or federal law or under the ordinances of any municipality within ten
(10) years immediately prior to the date of the present application.
(g) A statement as to whether or not the applicant has had suspended more than
once any liquor license issued under state or federal law or under the ordinances of any
municipality within one year immediately prior to the present application.
(h) A statement as to whether or not the applicant is a City employee or a law
enforcing official of the City or any other government or government agency.
(i) A statement as to whether or not the applicant has been issued a federal gaming
device stamp or a federal wagering stamp for the current tax period.
(j) A statement as to whether or not a federal gaming device stamp has been issued
for the current taxable year with respect to the premises for which the local liquor license is
sought.
(k) A statement as to whether or not the premises for which a local liquor license is
sought comprises a store or other place of business where the majority of customers are
under the age of twenty one (21) years or where the principal business transacted
consists of the sale of school books, school supplies, food, lunches, or drinks for such
customers.
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(l) A statement as to whether or not the retail sale of alcoholic liquor on the
premises for which a license is sought will violate any provision of this code, including this
Chapter.
(m) A statement as to whether or not the premises for which a license is sought is
within one hundred feet (100’) of any church building used for worship or educational
purposes, school (other than an institution of higher learning), hospital, senior citizen
housing, daycare center, nursing or personal care facility, or any military or naval station.
(n) A statement as to whether or not the applicant is a permanent resident of the
City; or for any applicant that is partnership, all of the general partners of the
partnership are residents of the City.
(o)A statement as to whether or not the applicant beneficially owns the premises for
which a license is sought or has a lease thereon for the full period for which the license is to
be issued.
(p) A statement as to whether or not the applicant is the beneficial owner of the
business to be licensed.
(q) A statement as to whether or not the applicant will be personally and actively
involved in the operation of the business to be licensed.
(r) A statement as to whether or not the business is or will be managed by a manager
or agent.
(s) A statement as to the nature of the business and the amount of anticipated
alcoholic liquor sales as a percentage of gross annual sales of the business.
(t) A statement that the applicant is not disqualified from receiving a license by reason
of a ny matter or item contained in the laws of the state of Illinois, this Chapter, or any other
code or ordinance of the City.
(u) A statement that the applicant will not violate any federal or state of Illinois laws,
or this Chapter, or any other code or ordinance of the City in the conduct of the
applicant's business.
(v) If the applicant is a foreign corporation, a statement as to whether or not it is
qualified under the Illinois business corporations act of 1983, 215 ILCS 125/3-1 et. seq, to
transact business in Illinois.
(w) If the business to be operated pursuant to the local liquor license is operating under an
assumed name, a statement that the applicant has complied with the Illinois assumed
business name act and other applicable laws.
(x) Such other statements or information as may be necessary to demonstrate that the
applicant, the applicant's business, and the premises from which such business will be
conducted satisfy all conditions and requirements applicable to the local liquor license
being sought.
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(4)Examination Of Applicant: At any time during the pendency of an application, the
Commissioner shall have the right to compel the applicant to submit to any examination and to
produce any books and records which, in the judgment of the Commissioner, are material to the
determination of whether the applicant and the applicant's business are qualified to receive a local
liquor license or whether the premises sought to be licensed is suitable for such purposes. The
Commissioner shall also have the right to require the applicant to answer any charges made in
any objection to the issuance of the license. The failure of any applicant to appear at the time and
place fixed by the Commissioner for his or her examination or to produce books and records
requested, unless for good cause shown, shall be deemed to be admission that the applicant is not
qualified to receive a local liquor license and a request to withdraw the application.
(5)Investigation And Disclosure Of Information Contained In Application; Waiver Of Claims:
By applying for, or providing information in support of an application for, a local liquor license,
every person so applying or providing information thereby:
(a) Authorizes any person to disclose, and the City to investigate, all information
pertaining to such application;
(b) Waives any and all claims against the City; and
(c) Agrees to indemnify and hold harmless the City and its elected and appointed
officials, officers, boards, commissioners, attorneys, employees, agents, and
representatives from any and all claims resulting from, or arising out of, or alleged to result
from or arise out of the processing of such application and any investigation related
thereto. Each such person shall consent to and sign any written authorization, waiver, and
indemnification agreement as the City may require in connection with the processing of
such application and any investigation related thereto, but no such separate authorization,
waiver, or indemnification shall be required to make effective the terms of this subsection.
(6)Denial Or Issuance Of License: If after review of an application and all relevant facts, the
Commissioner determines that the application should be denied, the Commissioner shall notify
the applicant within a reasonable time, in writing, stating the reasons for the denial, but otherwise
shall issue the local liquor license as soon as all fees required by this Chapter have been paid and
all other requirements of this Chapter have been satisfied.
(7) Supplemental Information Following Issuance: Any change in information provided on, or in
connection with, any application for a local liquor license that does or might affect the right of any
licensee to continue to hold a local liquor license shall be reported in writing to the Commissioner
within ten (10) days after the change. All such changes shall be subject to review and approval by
the Commissioner in the same manner as the original application. When any such change affects
the ownership of any partnership licensee or any director, officer, manager, or person owning or
controlling more than five percent (5%) of the shares of any corporate licensee, all such persons
that have not previously submitted information pursuant to the application process, shall, within
ten (10) days after such change, submit all information required of a new applicant.
(8)Application Fee: Any application shall be accompanied by a nonrefundable administrative
processing fee of two hundred fifty dollars ($250.00), which fee shall be applied to the applicable
license fee if the applicant qualifies for a local liquor license.
Sec. 4-17. INELIGIBILITY FOR LOCAL LIQUOR LICENSE--
No local liquor license shall be issued or renewed to:
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(1)A person who is not a permanent resident of the City; provided, however, that this
subsection shall not prohibit the issuance of a local liquor license to a corporation and provided
further,however, that this subsection shall not prohibit the issuance of a local liquor license to a
partnership where at least one general partner is a permanent resident of the City or an area
within ten (10) miles of the corporate limits of the City;
(2)A person who is not of good character and reputation in the community;
(3)A person who is not a citizen of the United States;
(4)A person who has been convicted of a felony under any federal or state law;
(5)A person who has been convicted of being the keeper, or is keeping, a house of ill fame;
(6)A person who has been convicted of pandering or any other crime or misdemeanor
opposed to decency and morality;
(7)A person whose local liquor license has been suspended more than once for cause within
one year immediately prior to the present application if the Commissioner determines that the
applicant is no longer worthy of the public trust;
(8)A person whose license issued under this Chapter has been revoked for cause;
(9)A person who at the time of application for renewal of a local liquor license would not be
eligible for such license upon a first application;
(10)A person whose place of business is managed by a manager or agent unless said
manager or agent possesses the qualifications required of an individual licensee other than
residency in the City;
(11)A person who has been convicted of a violation of any federal or state law or local
ordinance concerning the manufacture, possession, or sale of alcoholic liquor, or who has
forfeited his or her bond to appear in court to answer charges for any such alleged violation;
(12)A person who does not beneficially own the premises for which a local liquor license is
sought or does not have a lease thereon for the full period for which such local liquor license is to
be issued;
(13)A person who is not the beneficial owner of the business to be licensed;
(14)A person who has been convicted of a gambling offense as proscribed by any state or
federal law or regulation or who has forfeited his or her bond to appear in court to answer charges
for any such alleged violation;
(15)A person to whom a federal gaming device stamp or a federal wagering stamp has been
issued by the federal government for the current tax period;
(16)A person applying for a license with respect to premises for which a federal gaming
device stamp has been issued for the current taxable year;
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(17)A person applying for a license with respect to premises on which the retail sale of
alcoholic liquor would violate any provision of this code;
(18)A person who will not be personally and actively involved in the operation of the business
to be licensed, either directly or through a manager identified in the license application;
(19)A co-partnership, unless all members thereof shall be qualified to obtain a license;
provided, however, that the requirement of active involvement in Subsection (18) of this Section
shall apply to only one such partner;
(20)A corporation, if any director, officer, or manager thereof, or any person owning or
controlling more than five percent (5%) of the stock thereof would not be eligible to receive a
license hereunder for any reason other than citizenship and residence or the requirement of a ctive
involvement in Subsection (18) of this Section;
(21)A corporation, unless it is incorporated in the state of I llinois or is a foreign corporation that
is qualified under the Illinois business corporations act of 1983, 215 ILCS 125/3-1 et seq., to
transact business in the state of Illinois; or
(22)Any law enforcing public official, any Mayor, Alderman, or member of the City Council, any
chairperson or member of a county board, and no such official shall be interested in any way, either
directly or indirectly, in the manufacture, sale, or distribution of alcoholic liquor;
(23)Any person, association, or corporation not eligible for a State Liquor License.
(24) A person who has made any omission or false statement in the application required under
this Chapter.
Sec. 4-18.CONDITIONS FOR ISSUANCE, MAINTENANCE AND RENEWAL OF LOCAL
LIQUOR LICENSE--
(1)State License Required: All local liquor licenses shall be conditioned on the acquisition
and maintenance in good standing by the applicant and licensee of a state liquor license. No local
liquor license shall authorize the retail sale of any alcoholic liquor until proof of acquisition of such
state liquor license is furnished to the Commissioner. If any state liquor license sought or held by
a licensee is refused, suspended, or revoked, then such licensee shall be deemed in violation of
this Chapter and such licensee's local liquor license shall be subject to revocation.
(2)Insurance Required: All local liquor licenses shall be conditioned on the acquisition and
maintenance in good standing by the applicant and licensee of general liability insurance in the
amounts of at least two million dollars ($2,000,000.00) for injury or death to any person and two
million dollars ($2,000,000.00) for damage to property and dram shop liability insurance at least to
the maximum amount recoverable under applicable state statutes. Before any local liquor license
may be issued, the applicant shall furnish the Commissioner with a certificate from an insurance
company authorized to do business in the State certifying that the applicant has such insurance
policies in force for the full period for which the local liquor license is to be issued.
(3)Bond Required: All local liquor licenses shall be conditioned on the acquisition and
maintenance in good standing by the applicant and licensee of a surety bond in favor of the City in
the amount of two thousand dollars ($2,000.00) to the City. Bef ore any local liquor license may be
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issued, the applicant shall furnish such bond. Such bond shall be forfeited automatically on
revocation of the local liquor license for which the bond was furnished if revocation was for cause.
(4)Termination Due To Individual Change: When a local liquor license has been issued to an
individual who is discovered to be, or who becomes, ineligible for such local liquor license, the
licensee shall be deemed in violation of this Chapter, and such licensee's local liquor license shall
be subject to revocation.
(5)Termination Due To Partnership Change: When a local liquor license has been issued to a
partnership, and a change of ownership occurs resulting in any person that is ineligible to hold a
local liquor license acquiring a partnership interest, the licensee shall be deemed in violation of
this Chapter, and such licensee's local liquor license shall be subject to revocation.
(6)Termination Due To Corporate Change: W hen a local liquor license has been issued to a
corporation, and a change occurs in any of the directors, officers, managers, stockholders of more
than five percent (5%) of the stock, or members with more than a five percent (5%) interest
resulting in any person that is ineligible to hold a local liquor license becoming a director, officer,
manager, stockholder of more than five percent (5%), or member with more than a five percent
(5%) interest, the licensee shall be deemed in violation of this Chapter, and such licensee's local
liquor license shall be subject to revocation.
(7)Cessation Or Interruption Of Business: Any licensee who ceases to do business or closes
his or her place of business for a period of more than thirty (30) days without the prior written
consent of the Commissioner shall be deemed in violation of this Chapter, and such licensee's
local liquor license shall be subject to revocation. A licensee who intends to cease to do business
or who intends to close his or her place of business for more than thirty (30) days shall give the
Commissioner written notice of such cessation or closing as soon as practical after the decision to
cease business or close is made, but in any event before the cessation or closing. Such notice
shall state the expected date of cessation or closing and the reason therefor.
AR T. IV ESTABLISHMENTS
Sec. 4-19.CONSUMPTION ON THE PREMISES ---
It shall be unlawful for anyone to sell or offer for sale any alcoholic liquor for consumption on the
premises where sold or to permit any one to consume alcoholic liquor on such premises except as
provided by the authorization granted under the provisions of Section 4-9 of this Chapter for the
several classes of licenses described therein.
Sec. 4-20 SANITARY CONDITIONS---
All premises used for the retail sale of alcoholic liquor or for the storage of such liquor, for such
sale, shall be kept in a clean and sanitary condition, and shall be kept in full compliance with the
ordinances regulating the condition of premises used for the storage or sale of food for human
consumption.
CROSS REFERENCE--Food and food establishments, Ch. 17.
AR T. V SALES
Sec. 4-21.SALES OF ALCOHOLIC LIQUOR.
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(1)Sales Restricted To Licensed Premises: A local liquor license shall permit the sale of
alcoholic liquor only at the licensed premises and only in compliance with the terms of that
license.
(2)Sales To Certain Persons:
(a) Sales Prohibited: No licensee, and no agent of any licensee, shall sell, give, or deliver
any alcoholic liquor to any person who is, or who appears to be, intoxicated, or known by
the licensee or agent to be a habitual drunkard, spendthrift, insane, mentally ill, mentally
deficient, or in need of mental treatment.
(b) Secondary Transfer Prohibited: No person, after purchasing or otherwise obtaining
alcoholic liquor, shall sell, give, or deliver such alcoholic liquor to any person who is, or
who appears to be, intoxicated, or known by the person to be a habitual drunkard,
spendthrift, insane, mentally ill, mentally deficient, or in need of mental treatment.
(3)Responsibility for Unlawful Sales. Any sales made in violation of the provisions of this
Chapter shall be the responsibility of both any individual or individuals involved in such sales as
well as the licensee under whose authority such sales were made. Any such licensee shall be
subject to fine, license suspension, and/or license revocation for any such violation.
Sec. 4-22.PROHIBITIONS REGARDING MINORS--
(1)Sales To Minors:
(a) Sales Prohibited: No licensee, and no agent of any licensee, shall sell,give, or
deliver any alcoholic liquor to any minor.
(b)Responsibility of Owner: No licensee shall permit any minor to remain in any room
or compartment adjoining or adjacent to or situated in the room or place where such
licensed premises are located; provided that this Paragraph shall not apply if the minor is
accompanied by his or her parent or guardian, or to any licensed premises which derives
its principal business from the sale of services commodities other than alcoholic liquor.
(c) Secondary Transfer Prohibited: No person, after purchasing or otherwise
obtaining alcoholic liquor, shall sell, give, or deliver such alcoholic liquor to any minor;
provided, however, that this Subsection (1)(c) shall not prohibit the consumption of
alcoholic liquor by a minor in the performance of a religious ceremony or in the home of
such minor pursuant to the approval and supervision of the parent or legal guardian of
such minor.
(d) Identification Required: If a licensee or any agent of a licensee believes or has
reason to believe that a sale or delivery of alcoholic liquor is prohibited because the
prospective recipient may be a minor, then the licensee or licensee’s agent shall, before
making such sale or delivery, demand adequate written evidence of age.
(i) For the purpose of preventing a violation of this Section, any licensee, and any
agent of a licensee, may refuse to sell alcoholic liquor to any individual who is
unable to produce adequate written evidence of identity and age.
(ii) For purposes of this Section, "adequate written evidence of identity and
age" means a document issued by a federal, state, county, or municipal
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government, including, but not limited to, a motor vehicle operator's license, a
registration certificate issued under the federal selective service act, or an
identification card issued to a member of the armed forces.
(iii) Proof that the licensee, or an agent of the licensee, demanded, was shown,
and reasonably relied on adequate written evidence of identity and age in any
transaction forbidden by this Section is an affirmative defense in any proceeding
for the suspension or revocation of any local liquor license based on the
occurrence of such forbidden transaction. However, it shall not be an affirmative
defense if the licensee, or an agent of the licensee, accepted any written evidence
of identity or age knowing it to be false or fraudulent.
(iv) Warning Required: Every licensee shall display at all times, in a prominent
and conspicuous place within the licensed premises, a printed card supplied by the
City clerk reading substantially as follows:
WARNING TO PERSONS UNDER 21
YOU ARE SUBJECT TO A FINE UP TO $750 UNDER THE ORDINANCES OF THE CITY OF LAKE
FOREST IF YOU PURCHASE ALCOHOLIC LIQUOR OR IF YOU MISREPRESENT YOUR AGE
FOR THE PURPOSE OF PURCHASING OR OBTAINING ALCOHOLIC LIQUOR.
(2)Consumption, Purchase And Possession Prohibited: No minor shall consume alcoholic
liquor, purchase alcoholic liquor, accept a gift of alcoholic liquor, or have alcoholic liquor in his or
her possession; provided, however, that this Subsection (2) shall not prohibit the consumption of
alcoholic liquor by a minor in the performance of a religious ceremony or service or in a home
pursuant to the direct supervision and approval of the parent or legal guardian of such minor.
(3)False Identification Prohibited:
(a) Misrepresentation Prohibited: It shall be unlawful for any minor to misrepresent his
or her age for the purpose of purchasing or obtaining alcoholic liquor. It shall be unlawful
for any minor to present or offer to any licensee, or to the agent of any licensee, any
written, printed, or photostatic evidence of identity or age that is false, fraudulent, or not his
or her own for the purpose of ordering, purchasing, attempting to purchase, or otherwise
procuring or attempting to procure alcoholic liquor. It shall be unlawful for any minor to
have in his or her possession any false or fraudulent written, printed, or photostatic
evidence of identity or age.
(b) Transfer And Alteration Of Identification Prohibited: It shall be unlawful for any minor
to transfer, alter, or deface any written, printed, or photostatic evidence of identity or age or
to obtain any written, printed, or photostatic evidence of identity or age by means of false
or fraudulent information.
(c) Conveyance Of False Identification Prohibited: It shall be unlawful for any person
to sell, give, or furnish to any other person any false or fraudulent written, printed, or
photostatic evidence of identity or age. It shall be unlawful for any person to sell, give,
or furnish to any other person any evidence of identity or age with the knowledge or intent
that such evidence will be used to circumvent the provisions of this Chapter.
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(4)Handling Prohibited: It shall be unlawful for a person to tend any bar in a licensed premises
when such person is prohibited by law or Ordinance from purchasing, accepting, having in
possession or consuming alcoholic liquors.
(5)Parental Responsibility: It shall be unlawful for any parent or legal guardian intentionally or
knowingly to permit any minor for whom the parent or guardian is responsible to violate any
provision of this Chapter.
(6) Social Hosting:
(a)Prohibited Gatherings
(i)It is unlawful for any Person to Host, or fail to take Reasonable Steps to
prevent a G athering at any Residence or Site, other private property, Public Place,
or in any Conveyance, over which that Person has control or a reasonable
opportunity for control where Illicit Drugs or Alcoholic Liquor have been consumed
by a Minor, if such Person either knew or reasonably should have known that a
Minor was consuming any Illicit Drugs or Alcoholic Liquor.
(ii)A Person who Hosts a Gathering shall be deemed to have known or should
have known that a Minor was consuming Illicit Drugs or Alcoholic Liquor if: (a) such
Person is present at the Site of the Gathering at the time any Minor consumes Illicit
Drugs or Alcoholic Liquor, or (b) such Person has not taken appropriate
Reasonable Steps to prevent the consumption of I llicit Drugs or Alcoholic Liquor by
Minors. A Person who Hosts a Gathering does not have to be present at the
Gathering to be liable under this ordinance.
(iii)It is the duty of any Person who Hosts a Gathering at his or her place of
Residence or other private property, Public Place, any other Site under his or her
control, or in any Conveyance, where Minors will be present, to take appropriate
Reasonable Steps to prevent the consumption of I llicit Drugs or Alcoholic Liquor by
any Minor at the Gathering.
(b)Exceptions
(i)This Subsection shall not apply to conduct involving the use of Alcoholic
Liquor that occurs at a Religious Ceremony or exclusively between a Minor and his
or her Parent, as permitted by Illinois State Law.
(ii)A Person who Hosts a Gathering shall not be in violation of this Section
4-22(6) if he or she: (a) seeks assistance from the police department or other law
enforcement agency to remove any Minor who refuses to abide by the Person’s
performance of the duties imposed by this Section 4-22(6) or to terminate the
Gathering because the Person has been unable to prevent Minor(s) from
consuming Illicit Drugs or Alcoholic Liquor despite having taken appropriate
Reasonable Steps to do so, as long as such request is made before any other
Person makes a complaint about the Gathering; or (b) advises law enforcement in
advance of departing one’s Residence that the owner will be away and no Minor is
authorized to be present and consume Alcoholic Liquor at the owners Residence.
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(7)Use Of Rented Room For Consumption By Minors: No person shall rent a hotel or motel
room from the proprietor or agent thereof for the purpose of or with the knowledge that such room
shall be used for the consumption of alcoholic liquor by minors.
(8)Proof Of Consumption Or Possession: There shall be a rebuttable presumption that a
minor has consumed or possessed alcoholic liquor in violation of this Section where either:
(a) The presence of alcoholic liquor in a minor's body is shown by a measurement of
blood alcohol concentration; or
(b) The arresting officer:
(i) Observes one or more recognized indicia of the presence of alcoholic
liquor in a minor's body, including, without limitation, an odor of alcoholic liquor on
the minor's breath or impaired motor coordination or speech; and
(ii) Offers the minor an opportunity to submit to a blood, urine, or breath test to
determine if alcoholic liquor is present in the minor's body and the minor refuses to
take such a test.
Sec. 4-23. HOURS OF OPERATION---
It shall be unlawful for any holder of a liquor license issued under this Chapter, to sell or offer for
sale any alcoholic liquor in the City between the hours of one (1:00) o’clock and six (6:00) o'clock
in the morning on any day. Notwithstanding the foregoing:
(a)Sale of alcoholic liquors for on-premises consumption may not occur in outdoor
dining areas after the earlier of (i) 12:00 midnight, or (ii) the close of restaurant
operations at such licensed premises, or (iii) as otherwise limited by ordinance or any
conditions placed on the liquor license.
(b)Any licensee whose business operations include activities other than the sale of
alcoholic liquor may continue to operate between the hours of 1:00 a.m. and 6:00 a.m.
provided that: (i) such operations may otherwise continue to operate during such hours
under applicable laws; and (ii) the facilities involved in the sale of alcoholic liquor must
either be segregated from other facilities in the licensed premises or must be capable
of being locked during the hours of 1:00 and 6:00 a.m. (Ord. No. 2008-27)
Sec. 4-24. AL COHOLIC LIQUOR IN PUBLIC PLACES AND MOTOR VEHICLES--
(1)Consumption And Possession Of Open Containers In Public Places Prohibited: Except
as may otherwise be expressly permitted, it shall be unlawful for any person to consume, or to
possess open containers of, alcoholic liquor in any public building or on any public property or
right of way.
(2)Public Intoxication Prohibited: It shall be unlawful for any person to be in an intoxicated
condition in any public building or on any public property or right of way.
(3) Public Disturbance Prohibited: It shall be unlawful for any person to be in an intoxicated state
in any private house or place to the disturbance of any other person.
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(4)Possession Of Open Liquor In Motor Vehicles Prohibited: It shall be unlawful for any
person to transport, carry, or possess any alcoholic liquor in or about any motor vehicle on any public
right of way except in the original package with the seal unbroken, or as otherwise authorized by
state law.
AR T. VI HEARINGS
Sec. 4-25.VIOLATIONS, COMPLAINTS, HEARINGS, AND DISCIPLINARY ACTIONS
BEFORE COMMISSIONER--
(1)Violation Determined By Commissioner: The Commissioner may suspend for not more
than thirty (30) days or revoke any local liquor license, and in addition to any suspension may fine
any licensee, for any violation of any liquor law (including the failure of the licensee to pay any
license cost or fee or any tax imposed on alcoholic liquor or the sale thereof) committed or
permitted by the licensee or any agent of the licensee, or which occurs at the licensed premises,
or for which the licensee or any agent of the licensee is otherwise legally responsible.
(a) Suspension; Revocation; Fine: Except as provided in Subsection (1)(b) of this
Section, no local liquor license shall be revoked or suspended, and no fine shall be imposed
on any licensee, except after a public hearing before the Commissioner.
(b) Summary Suspension: If the Commissioner has reason to believe that any
continued operation of any licensed premises poses a threat to the welfare of the
community, then the Commissioner may, on the issuance of a written order stating the
reason for such conclusion and without notice or hearing, order a licensed premises
closed for not more than seven (7) days, during which time the licensee shall be afforded an
opportunity to be heard; provided, however, that if such licensee also conducts another
business or businesses on the licensed premises, no closing order issued pursuant to this
Subsection (1)(b) shall be applicable to such other business or businesses.
(2)Violation Determined By Court: W henever any licensee, or any agent of a licensee, shall
be found in any court to have violated any liquor law, the local liquor license of said licensee may, in
the discretion of the Commissioner, be revoked.
(3)Complaints:
(a) Any five (5) residents of the City may file a complaint with the Commissioner alleging
that a licensee has been or is violating any liquor law.
(i) Every such complaint shall be in writing, shall be in the form prescribed by
the Commissioner, shall be signed and sworn to by the complaining residents and
shall state the particular liquor law alleged to have been violated and the facts in
detail supporting such allegation.
(ii) If the Commissioner is satisfied that there is probable cause to believe a
violation has occurred, the Commissioner shall set the matter for hearing and shall
serve notice on the complainant and the licensee of the time and place of such
hearing and of the particular charges in the complaint to be considered at such
hearing.
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(b) On complaint of the State of Illinois department of revenue, the Commissioner shall
refuse the issuance or renewal of any local liquor license, or shall suspend or revoke any
local liquor license, for any of the following violations of any tax act administered by the
Illinois department of revenue:
(i) Failure to file a tax return.
(ii) Filing of a fraudulent return.
(iii) Failure to pay all or any part of any tax or penalty finally determined to be due.
(iv)Failure to keep proper books and records.
(v) Failure to secure and display a certificate or subcertificate of registration.
(vi) Willful violation of any rule or regulation of the state of Illinois department
of revenue relating to the administration and enforcement of tax liability.
(4)Hearings: No local liquor license shall be revoked or suspended, and no licensee shall be
fined, except after a public hearing held before the Commissioner, except as provided in
Subsection 4-25(1)(b).No such hearing shall be held until at least three (3) days after the licensee
has been given written notice affording the licensee an opportunity to appear and defend. All such
hearings shall be open to the public. The Commissioner shall reduce all evidence to writing and shall
maintain an official record of the proceedings. Within five (5) days after the hearing, if the
Commissioner determines that the licensee should be disciplined, the Commissioner shall issue a
written order stating the reason or reasons for such determination. The order shall state that the
license has been revoked, or the period of suspension, and the amount of the fine, if any. The
Commissioner shall serve a copy of the order on the licensee within said five (5) day period.If a
violation is found to have occurred, the Commissioner may establish conditions that must be
satisfied prior to the reinstatement of the liquor license.
(5)Appeal From Commissioner: Appeals from the decision of the Commissioner shall be taken
to the Illinois liquor control commission in the manner provided by law. Every review by the Illinois
liquor control commission shall be limited to a review of the official record of the proceedings of the
Commissioner.
(6)Fines: The Commissioner may impose a fine on a licensee pursuant to this Section in an
amount not to exceed one thousand dollars ($1,000.00) for each violation. No licensee shall be
fined more than ten thousand dollars ($10,000.00) during the term of such licensee's local liquor
license.
(7)Separate Offenses: Each day on which or during which any person violates any of the
provisions of this Chapter, and each separate act or transaction in violation of this Chapter, shall
constitute a separate offense.
AR T. VII FINES AND PENALTIES
Sec. 4-26. FINES AND PENALTIES--
Except where higher minimum penalties are established by statute, and in addition to the penalties
provided in Section 4-25 of this Chapter, any person who violates any provision of this Chapter may
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be fined not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00) for
the first such violation and not less than one hundred dollars ($100.00) nor more than seven
hundred fifty dollars ($750.00) for the second and each subsequent violation. Each day on which
a violation occurs shall constitute a separate violation.
Sec. 4-27.Social Hosting Penalties and Fines.
Any Person who violates or assists in the violations of any provisions of Section 4-22(6) of this
Chapter shall be deemed to have committed a petty offense and shall reimburse the City for any
Response Costs incurred and be fined not more than the amounts set forth below for each such
violation. Each day on which, or during which, a violation occurs shall constitute a separate
offense:
(a)The first violation of this Section shall be punishable by a fine of no less than two
hundred fifty dollars ($250.00) nor more than one thousand dollars ($1,000.00).
(b)A second violation of this Section by the same responsible Person, within a
twelve-month period shall be punishable by a fine of no less than five hundred dollars
($500.00) nor more than fifteen hundred dollars ($1,500.00).
(c)A third or subsequent violation of this Section by the same responsible Person,
within a twelve-month period shall be punishable by a fine of no less than one thousand
dollars ($1,000.00) nor more than twenty-five hundred dollars ($2,500.00). (Ord. No.
2010-05)
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