(a) Definitions. For purposes of this section:
"Airport pushcart liquor license" shall mean the consumption on premises – incidental activity license authorized by this section for the retail sale of alcoholic liquor from an airport pushcart.
"Authorized areas" shall mean the areas accessible to the public beyond the security checkpoint areas of the passenger terminals at O'Hare and Midway.
"Liquor Commissioner" shall mean the local liquor control commissioner.
"Midway" shall mean Chicago-Midway International Airport.
"O'Hare" shall mean Chicago-O'Hare International Airport.
"Spirits" has the meaning ascribed to the term in Section 3-44-020.
(b) Airport pushcart liquor license established; fee. In addition to the other categories of licenses authorized under this chapter, the liquor commissioner may issue consumption on premises – incidental activity liquor licenses ("airport pushcart liquor licenses") to permit the retail sale of alcoholic liquor from pushcarts within authorized areas at O'Hare and Midway. A separate license shall be required for each pushcart from which sales of alcoholic liquor are made, and such license shall be valid only in the terminal for which it is issued. The fee for an airport pushcart liquor license shall be as set forth in Section 4-5-010, and shall be assessed in accordance with the requirements set forth in subsection (c)(1) or (c)(2) of this section, as applicable.
(c) (1) Eligibility requirements – Restrictions. Except as otherwise provided in subsection (c)(2) of this section, eligibility for an airport pushcart liquor license shall be limited to an applicant who holds a tavern license or a consumption on premises – incidental activity license within the meaning of item (1) of the definition of a "consumption on premises – incidental activity license" in Section 4-60-010 for a place of business located in the terminal in which the applicant seeks to operate pushcarts. Provided, however, that the number of airport pushcart liquor licenses that any such applicant may obtain for each airport shall not exceed the number of tavern licenses, or consumption on premises – incidental activity licenses within the meaning of item (1) of the definition of a "consumption on premises – incidental activity license" in Section 4-60-010, that said licensee holds at the applicable airport. Provided further, that, at any given time, no more than five airport pushcarts shall be licensed to operate within any given airport terminal at O'Hare or Midway.
(2) Temporary airport pushcart liquor license – Authorized when. Notwithstanding anything to the contrary in subsection (c)(1) of this section: If an applicant holds or has received conditional approval under Section 4-60-042 for a tavern license, or for a consumption on premises – incidental activity license within the meaning of item (1) of the definition of a "consumption on premises – incidental activity license" in Section 4-60-010, for a terminal located at O'Hare or Midway and such licensee's leased location at such terminal is temporarily closed due to redesign or construction, the liquor commissioner may, upon proof of such closure, issue to such person, a temporary airport pushcart liquor license under this subsection (c)(2). Such temporary liquor license shall be valid for a period of 180 days from the date of its issuance and may be renewed by the liquor commissioner for one additional 180-day period upon proof of continued closure. The number of temporary airport pushcart liquor licenses issued under this subsection (c)(2) to any person at O'Hare or Midway, as applicable, shall not exceed the number of tavern licenses or consumption on premises – incidental activity licenses as defined herein that said person holds at the applicable airport for which said person has received conditional approval under Section 4-60-042.
(d) Rulemaking authority. The commissioner of aviation is authorized to promulgate rules specifying the start and end date for any license issued under subsection (c)(1) of this section; the maximum number of airport pushcarts that may operate within a given terminal subject to the overall limits on the number of licenses set forth in subsection (c)(1); a neutral process for allocating pushcart liquor licenses in the event demand exceeds available locations; the size, design, and configuration of pushcarts operated pursuant to this section; areas where pushcarts can, and cannot, be operated; further limitations on the times of operation allowed by the liquor commissioner; and such other restrictions and requirements as are deemed necessary and appropriate for safety, security, and operational reasons.
(e) Application and issuance – process. Application for an airport pushcart liquor license shall be governed by the following process:
(1) With regard to any license issued under subsection (c)(1) of this section, if the commissioner of aviation determines that there is available space at O'Hare or Midway for one or more licensed pushcarts, the commissioner shall so notify lessees at the applicable airport, providing information regarding application deadlines, required documents and information, and other pertinent information. An application for a temporary license issued under subsection (c)(2) of this section may be initiated at any time by the applicant.
(2) Each applicant must then provide the commissioner of aviation with the documents and information required, including a designation of the specific terminal at O'Hare or Midway from which the applicant intends to sell alcoholic liquor from a pushcart, and a diagram detailing the design, size, and configuration of the pushcart that the applicant intends to operate.
(3) The commissioner of aviation shall review the submitted documents to ascertain whether the applicant's lease at O'Hare or Midway, as applicable, will allow pushcart operation upon issuance of an airport pushcart liquor license, and whether the applicant's submission otherwise complies with applicable rules promulgated pursuant to subsection (c) of this section. An applicant meeting these criteria shall be deemed "qualified."
(4) If, upon concluding the review specified in subparagraph (3) above, the commissioner of aviation determines that there are more qualified applicants than there are available locations, the commissioner shall conduct a lottery or other neutral process for allocating eligibility for licenses among qualified applicants.
(5) The commissioner of aviation shall then provide to each qualified applicant who has become eligible pursuant tp subparagraphs (3) and (4) above, a document certifying that said applicant is qualified and eligible.
(6) Each qualified, eligible applicant shall then make application to the liquor commissioner for an airport pushcart liquor license. The liquor commissioner shall only consider an application that includes the certification provided for in subparagraph (5) above.
If the commissioner of aviation concludes that the lease will not allow pushcart operation or that the applicant's submission does not comply with applicable rules, or that the applicant was not selected for eligibility pursuant to the neutral process for allocating eligibility, the commissioner shall notify the applicant of the denial, and the reasons for such denial, by mail. The decision of the commissioner of aviation shall be, on the date the denial is mailed, a final administrative decision appealable as provided by law.
(f) Application and issuance – annual and supplementary. The process set forth in paragraph (d) above shall be conducted once annually to establish pushcart licensees under subsection (c)(1) of this section for a given license period. This process may also be conducted one or more times during the course of the license period if the commissioner of aviation determines that additional locations for pushcarts have become available since the time of the annual issuance for that period.
(g) Information required. In addition to the information required under Section 4-60-040, an application for an airport pushcart liquor license shall include: written confirmation of qualification and eligibility from the commissioner of aviation as required by subsection (e) of this section; a designation of the specific terminal at O'Hare or Midway from which the applicant intends to sell alcoholic liquor from a pushcart; and a designation of the location, if applicable, at which the licensee will clean glasses and utensils used in the service of alcoholic liquor.
(h) Applicability of chapter provisions; exceptions. An airport pushcart liquor licensee shall be subject to all provisions of this chapter with the following exceptions:
(1) Subsections (e) and (f) of Section 4-60-040 shall not apply.
(2) Toilet facilities available for public use at O'Hare and Midway shall be considered as compliance with the toilet facilities requirement of subsection (a) of Section 4-60-100 by an airport pushcart liquor licensee.
(3) An airport pushcart liquor licensee shall only be required to maintain facilities for the cleaning of glasses and utensils at the point of sale as required under subsection (a) of Section 4-60-100, if the licensee uses glasses or utensils in conjunction with the preparation or service of alcoholic liquor from the pushcart.
(i) Additional requirements and restrictions. In addition to the requirements and restrictions set forth elsewhere in this chapter, the following shall apply to the airport pushcart liquor license:
(1) No airport pushcart liquor licensee shall sell or serve spirits by the bottle, or sell or offer for sale any package goods.
(2) No airport pushcart liquor licensee shall allow seating at any pushcart.
(3) The licensee must mount and display the license on a visible area of the pushcart.
(4) The license shall only be valid during such time as the licensee holds a valid lease at O'Hare or Midway, as applicable, that allows pushcart operation.
(Added Coun. J. 7-28-10, p. 97923, § 1; Amend Coun. J. 5-9-12, p. 27485, § 25; Amend Coun. J. 4-19-17, p. 48180, Art. III, § 8)
Editor's note – Coun. J. 10-6-05, p. 58166, § 6, repealed former § 4-60-077, which pertained to manufacturing special event venue license.