2014-03-17 - Ordinance 2014-026 - AMENDING CHAPTER 5.20, LIQUOR CONTROLS3/13/2014
ORDINANCE NO. 2014 - 26
AN ORDINANCE AMENDING CHAPTER 5.20, LIQUOR CONTROLS,
OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970.
NOW THEREFORE BE IT ORDAINIED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE
COUNTIES, ILLINOIS, as follows:
Section 1. Section 5.20.070, Licenses - Classification -Fees, of the Village of Buffalo
Grove Municipal Code, is amended by adding Subsection J. which shall provide as follows:
Section 5.20.070, Licenses-Classification-Fees.
J. Class J license, authorizing the retail sale of alcoholic beverages in original containers
for consumption off the licensed premises, authorizing the retail sale of alcoholic
beverages on the specified premises by means of bar service for consumption on the
premises only, and authorizing the retail sale of alcoholic beverages on the specified
premises by means of a service area for consumption on the premises only. The annual
fee for each license shall be four thousand dollars.
Section 2. Section 5.20.075, Alcohol Beverage Tasting, of the Village of Buffalo Grove
Municipal Code, is amended to provide as follows:
5.20.075 Alcohol Beverage Tasting.
A. Alcohol beverage tastings may be permitted under a Class C or Class J license.
Tastings shall only be permitted as a promotional activity.
B. Monthly Tastings.
1. Monthly tastings are limited to twenty -four during any license year. No tasting
shall be for a period exceeding three consecutive days. Tastings shall not exceed
four per month.
2. The holder of a Class C or Class J license may obtain a permit for each
separate monthly tasting period for a fee of twenty -five dollars upon application
with the Village Clerk.
C. Yearly Tastings.
1. Yearly tastings are limited to fifty -two during any license year. No tasting shall
be for a period exceeding three consecutive days.
2. The holder of a Class C or Class J license may obtain a yearly tasting permit for
a fee of one thousand dollars upon application with the Village Clerk. The tasting
permit shall run concurrently with the license year.
D. Tastings shall be subject to the following conditions and limitations:
1. The tasting shall be attended by and supervised by a full -time employee, who is
BASSET certified (or its equivalent) and only in a designated area on the licensed
premises as approved by the Local Liquor Control Commissioner and designated
in the permit;
2. The actual amount of alcohol beverage tasted may not exceed an ounce per each
sample;
3. Each sample shall be served in a container which shall be disposed of following
the sampling;
4. No licensee or agent thereof shall give or offer to give away alcoholic liquors as
a gift, gratuity, or tie -in with the sale of nonalcoholic products or to induce the
purchase of or promote the sale of nonalcoholic products;
5. There shall be no signs or other materials that are advertising the availability of
"sampling" visible outside the licensed premises.
Section3. Subsection A of Section 5.20.120, Hours of Operations, of the Village of
Buffalo Grove Municipal Code is amended by adding the following Hours of Operation for a
Class J License, as follows:
5.20.120.A. Hours of Operation.
Class of License
Monday-
Friday
Saturday
Sunday
Thursday
J
7:00a.m. -12:00
7:00a.m. -12:00
7:00a.m. -12:00
9:00a.m. -12:00
midnight
midnight
midnight
midnight
Section 4. Section 5.20.140, Requirements for a Class J License, is hereby added to the
Village of Buffalo Grove Municipal Code, to provide as provide as follows:
Section 5.20.140, Requirements for a Class J License,
A. The sale of alcoholic beverages is authorized only at a grocery store of at least 70,000
square feet of above grade interior floor space.
B. The sale of alcoholic beverages for consumption on the premises shall be limited to
two designated locations. One location shall be for bar service and one location for
service area service. The locations, whose site plans shall be subject to approval by
the Village, must include a barrier, approved by the Village, from the general
shopping area.
C. There shall be seating and tables for customers in the area devoted to on- premise
consumption by means of a service area. Said designated area shall include an area
where food is regularly consumed on the premises. Alcohol beverage consumption
shall only be allowed in conjunction with the consumption of food. Such food shall
include hot or cold sandwiches, appetizers, tapas, sushi, baked goods or other similar
foods.
D. No open alcoholic beverage may be taken from one location of on- premise
consumption to another. Consumption of alcohol beverages on the premises shall be
limited to the two designated locations. The consumption of package sale goods shall
not be permitted within the premises. Signage, approved by the Village, shall be
provided at each location indicating the restrictions set forth in this Subsection D.
E. It is intended that the service of alcoholic beverages is merely adjunct to the operation
of a grocery store and that the facility shall not be advertised or otherwise held out to
be a drinking establishment.
F. The point of ingress and egress from either of the two on- premise consumption areas
shall be accessible inside the store only. No outside entrance or exit to said areas
shall be permitted
G. Except as set forth in subsection H of this section, all alcoholic beverages that are to
be consumed off the premises must be physically separate from the other types of
business on the premises (hereinafter sometimes referred to as the "designated liquor
department ").
H. Beer and wine displays:
1. Beer and wine displays are allowed outside of the designated liquor department,
but are limited to a total of no more than five throughout the premises. A site plan
must be provided to the Village identifying the requested locations of proposed beer
and/or wine displays. The site plan must be approved by the Village Manager or
designee prior to any displays being erected;
2. Beer and wine displays are prohibited adjacent to cash registers or the front doors
of the premises;
3. Beer and wine displays shall be prohibited in any pharmacy section, and toy
and /or children's aisle of the premises.
Prior to the sale of any alcoholic liquor, cashiers are required to enter into the cash
register the date of birth of the prospective purchaser.
J. Only employees who are BASSET trained (or other similar Village approved liquor
training program) and twenty -one years of age or older are permitted to scan and sell
alcoholic liquor.
K. In addition to any other penalty that may be imposed, any violation of this Section
5.20.140 or Section 5.20.190 will require for a period of six months: (i) the
withdrawal of the ability to have beer and wine displays, (ii) that the package liquor
business must be physically separate from the other types of business on the premises,
and (iii) that the designated liquor department must maintain its own cash register for
all alcoholic liquor sales.
L. In addition to any other penalty that may be imposed, a second violation of this
Section 5.20.140 or Section 5.20.190 within any six month period will require for a
period of one year: (i) the withdrawal of the ability to have beer and wine displays,
(ii) that the package liquor business must be physically separate from the other types
of business on the premises, and (iii) that the designated liquor department must
maintain its own cash register for all alcoholic liquor sales.
Section 5. If any section, paragraph, clause or provision of this ordinance shall be held
invalid, the invalidity thereof shall not affect any other provision of this ordinance.
Section 6. This ordinance shall be in full force and effect from and after its passage,
approval and publication. This ordinance may be published in pamphlet form.
AYES: 5 — Trilling, Sussman, Terson, Stein, Ottenheimer
NAYES: 0 - None
ABSENT: 1 - Berman
PASSED: March 17, 2014
APPROVED: March 17, 2014
PUBLISHED: March 18, 2014
ATTEST:
Village Clerk
ParkRidge #100215
4