ORDINANCE NO. MC-4-2014
AN ORDINANCE AMENDING CHAPTER 5.09 OF THE WINNETKA VILLAGE CODE AS IT PERTAINS TO LIQUOR LICENSE CLASSIFICATIONS AND HOURS OF SERVICE
WHEREAS, Chapter 5.09 of the Winnetka Village Code establishes local regulations for the sale of alcoholic beverages within the corporate limits of the Village of Winnetka; and
WHEREAS, the Illinois Liquor Control Act of 1934, 235 ILCS 5/1-1 et seq., provides statutory authority for the local licensing and regulation of the sale and service of alcoholic beverages within the Village of Winnetka (“Village”); and
WHEREAS, the Village of Winnetka is a home rule municipality and, subject to the limitations provided in Article VII, Section 6 of the Constitution of the State of Illinois of 1970, the Village has the authority to exercise any power and perform any function pertaining to the Village’s government and affairs, including but not limited to the power to regulate for the protection of the public health, safety, morals and welfare, and the power to license; and
WHEREAS, in response to recommendations from the Urban Land Institute, the Council of the Village of Winnetka (“Village Council”) has reviewed local license classifications and regulations for the service and sale of alcoholic beverages in the Village; and
WHEREAS, although the Liquor Control Regulations in Chapter 5.09 of the Winnetka Village Code (“Liquor Regulations”) have been amended from time to time since they were first enacted, they have not undergone a comprehensive review in approximately 30 years; and
WHEREAS, the Village Council finds and determines that, in addition to traditional full service restaurants, there is a growing demand in the Village and surrounding communities not only for less formal, family-oriented restaurants, but also for restaurants that provide unique dining experiences with limited, specialty alcoholic beverage offerings; and
WHEREAS, the Village Council finds and determines that amending the Village’s Liquor Regulations to provide for the licensing of different types of restaurant establishments will foster economic development in the Village not only by encouraging the development of new businesses in the Village, but also by drawing residents of Winnetka and nearby communities to dine and shop in the Village’s commercial districts; and
WHEREAS, the Village Council finds and determines that it is in the best interests of the general health, safety and welfare of the Village, its residents and businesses that the Liquor Control Regulations in Chapter 5.09 of the Winnetka Village Code be amended as provided in this Ordinance, to clarify definitions, establish new license classifications and update service regulations; and
WHEREAS, the Village Council finds and determines that amending the Village’s Liquor Control Regulations in Chapter 5.09 of the Village Code as provided in this Ordinance is in the best interests of the Village, its residents and businesses, in that it will serve to draw both residents and businesses to the Village’s commercial districts and will help to revitalize the Village’s commercial districts, while protecting neighboring residential neighborhoods from incompatible intrusions from commercial activity.
NOW, THEREFORE, the Council of the Village of Winnetka do ordain as follows:
SECTION 1: The foregoing recitals are hereby incorporated as the findings of the Council of the Village of Winnetka, as if fully set forth herein.
SECTION 2: The definition of the term “Alcoholic liquor” in Section 5.09.010, “Definitions,” of Chapter 5.09, “Liquor Control Regulations,” of Title 5 of the Winnetka Village Code, “Business Licenses and Regulations,” is hereby amended to provide as follows:
“Alcoholic liquor” means and includes any alcohol, spirits, wine, or beer or any substance, patented or not, containing alcohol, spirits, wine or beer, 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 the United States Congress and regulations promulgated under such acts, or to any substance containing not more than one-half of one percent of alcohol by volume.
SECTION 3: Section 5.09.010, “Definitions,” of Chapter 5.09, “Liquor Control Regulations,” of Title 5 of the Winnetka Village Code, “Business Licenses and Regulations,” is hereby amended by a definition of the term “Bar,” which definition shall be inserted after the definition of the term “Alcoholic liquor,” and shall provide as follows:
“Bar” means a counter at which alcoholic liquor is the principal commodity served for consumption by persons at such counter.
SECTION 4: The definition of the term “Beer” in Section 5.09.010, “Definitions,” of Chapter 5.09, “Liquor Control Regulations,” of Title 5 of the Winnetka Village Code, “Business Licenses and Regulations,” is hereby amended to provide as follows:
“Beer” means 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.
SECTION 5: Section 5.09.010, “Definitions,” of Chapter 5.09, “Liquor Control Regulations,” of Title 5 of the Winnetka Village Code, “Business Licenses and Regulations,” is hereby amended by adding a definition of the term “Licensed premises,” which definition shall be inserted after the definition of the term “Service” and shall provide as follows:
“Licensed premises” means the premises in which the service of alcoholic beverages under a license issued pursuant to this chapter is permitted, as described in the approved license. The licensed premises shall not include any public way or public property unless specific authorization to use the public way or public property has been granted, as provided in section 5.09.105 of this chapter.
SECTION 6: Section 5.09.010, “Definitions,” of Chapter 5.09, “Liquor Control Regulations,” of Title 5 of the Winnetka Village Code, “Business Licenses and Regulations,” is hereby amended by adding a definition of the term “Packaged sale,”
“Packaged sale” means the sale at retail of alcoholic beverages in their original package.
SECTION 7: The definition of the term “Restaurant” in Section 5.09.010, “Definitions,” of Chapter 5.09, “Liquor Control Regulations,” of Title 5 of the Winnetka Village Code, “Business Licenses and Regulations,” is hereby amended to provide as follows:
“Restaurant” means a place of business licensed under Chapter 5.24 of this code, the primary business of which is the on-site preparation, sale and consumption of complete meals served on non-disposable tableware, where complete meals are actually and regularly served to patrons for consumption on the premises while they are seated at tables that are serviced by bus staff or wait staff. The meal service offered by a restaurant must include a complete menu offering several courses, including dinner and luncheon menus, at which the service of alcoholic beverages is incidental and complementary to such meal service. Notwithstanding the foregoing, the term “restaurant” shall not include lounges, luncheonettes, diners, coffee shops, drive-in or fast food establishments, or self-service or carry-out establishments.
SECTION 8: The definition of “Sale” in Section 5.09.010, “Definitions,” of Chapter 5.09, “Liquor Control Regulations,” of Title 5 of the Winnetka Village Code, “Business Licenses and Regulations,” is hereby amended to provide as follows:
“Sale” means any transfer, exchange or barter in any manner, or by any means whatsoever, including the transfer of alcoholic liquors by and through the transfer or negotiation of warehouse receipts or certificates, for a consideration and includes and means all sales made by any person, whether principal, proprietor, agent, servant or employee. The term “sale” also includes (i) soliciting or receiving an order for alcoholic liquor, (ii) keeping or exposing for sale, and (iii) keeping with intent to sell.
SECTION 9: The definition of “Sale at retail” in Section 5.09.010, “Definitions,” of Chapter 5.09, “Liquor Control Regulations,” of Title 5 of the Winnetka Village Code, “Business Licenses and Regulations,” is hereby amended to provide as follows:
“Sale at retail,” “sell at retail” or “retail sale” means and refers to sales for use or consumption and not for resale in any form.
SECTION 10: Section 5.09.010, “Definitions,” of Chapter 5.09, “Liquor Control Regulations,” of Title 5 of the Winnetka Village Code, “Business Licenses and Regulations,” is hereby amended by adding a definition of the term “Serving,” which definition shall be inserted after the definition of the term “Service” and shall provide as follows:
“Serving” means the sale of not more than one jigger of spirits, six ounces of wine or 12 ounces of beer for consumption on a licensed premises.
SECTION 11: Section 5.09.010, “Definitions,” of Chapter 5.09, “Liquor Control Regulations,” of Title 5 of the Winnetka Village Code, “Business Licenses and Regulations,” is hereby amended by adding a definition of the term “Sidewalk service,” which definition shall be inserted after the definition of the term “Serving” and shall provide as follows:
“Sidewalk service” means the sale and service of alcoholic beverages in an area on the public sidewalk adjacent to the licensed premises, as approved by the Village Council pursuant to Chapter 12.04 of this code. As used in this chapter, “sidewalk service” shall also mean and include the sale and service of alcoholic beverages on other public rights of way or public property pursuant to a Class C liquor license, as approved by the Village Council pursuant to Chapter 12.04 of this code.
SECTION 12 The definition of the term “Specialty Restaurant” Section 5.09.010, “Definitions,” of Chapter 5.09, “Liquor Control Regulations,” of Title 5 of the Winnetka Village Code, “Business Licenses and Regulations,” is hereby amended to provide as follows:
“Specialty Restaurant” means a restaurant where, as part of a demonstration or instructional program on food preparation techniques, a host or hostess is present to seat patrons, where all patrons are served the same prix fixe, multi-course meal at a scheduled seating, where admission to the scheduled seating is by reservation only, where food is served to patrons for consumption on the premises while they are seated at tables or at a demonstration counter, where the meals are served using nondisposable tableware, and at which the service of alcoholic beverages is incidental and complementary to such meal service. A specialty restaurant may be operated in conjunction with a limited food products store or a specialty beverage store.
SECTION 13: Subsection J of Section 5.09.070, “Application for license,” of Chapter 5.09, “Liquor Control Regulations,” of Title 5 of the Winnetka Village Code, “Business Licenses and Regulations,” is hereby amended to provide as follows:
J. Proof, in the form of a certificate of insurance or insurance policy, that the applicant has obtained dram shop liability insurance in the maximum limits; provided that, if an application for such insurance is submitted with an application for a retailer’s license in any “A,” “E,” “P” or “W” classification, then the approval of the application by the Local Liquor Control Commissioner shall not become effective until the applicant presents proof in the form of a certificate of insurance, a copy of the policy or a valid binder, that such insurance has gone into effect.
SECTION 14: Section 5.09.090, “Termination date,” of Chapter 5.09, “Liquor Control Regulations,” of Title 5 of the Winnetka Village Code, “Business Licenses and Regulations,” is hereby amended to provide as follows:
Section 5.09.090 Termination date.
A. Every license issued under the provisions of this chapter in any “A,” “B,” “D,” “E,” “P” or “W” classification, shall terminate at the end of the fiscal year for which the license was issued.
B. Every Class C license issued under the provisions of this chapter shall terminate on the date specified in the license.
C. [Repealed.]
SECTION 15: Section 5.09.100, “Classification of Licenses,” of Chapter 5.09, “Liquor Control Regulations,” of Title 5 of the Winnetka Village Code, “Business Licenses and Regulations,” is hereby amended to provide as follows:
Section 5.09.100 Classification of Licenses
A. Class A Licenses. Class A licenses authorize the retail sale and service of alcoholic beverages by restaurants, but only when such sales and service are incidental and complementary to the sale and service of meals for consumption only on the premises where sold, provided that patrons may be served alcoholic beverages while waiting to be seated when no tables are available. Class A licenses also authorize the service of alcoholic beverages in sidewalk seating areas, as provided in Section 5.09.105 of this code. In addition, Class A licenses authorize the occasional sale and service of alcoholic beverages without food, and the occasional packaged sale of beer and wine, subject to the following conditions:
1. The sale and service of alcoholic beverages under a Class A license may also include the occasional sale and service of alcoholic beverages without the service of food, subject to the provisions of Section 5.09.205 of this Chapter.
2. The sale and service of alcoholic beverages under a Class A license may also include the occasional packaged sale of beer or wine for consumption only off the licensed premises, provided that the packaged beer or wine shall be paid by and delivered to the customer on the licensed premises, and shall also be subject to all of the following conditions:
a. Such packaged sale must be incidental and complementary to the sale of a complete meal prepared on the licensed premises for consumption off the licensed premises. It is unlawful to render a bill for the packaged sale of wine or beer which does not include a charge for a complete meal.
b. The amount of beer or wine sold in a packaged sale shall not exceed one serving of beer per meal, or one thousand, five hundred milliliters (1500 ml) in volume for wine. Any beer or wine sold in its original packages for consumption off the premises pursuant to this section shall not be sold at a price lower than that charged for consumption of the same beer or wine on the premises.
c. Except to the extent that the licensee displays wine or beer as part of the normal operations of the licensed premises, no wine or beer shall be displayed for packaged sale.
3. The sale and service of alcoholic beverages under a Class A license may also include sidewalk service of alcoholic beverages for consumption by customers seated at tables at a sidewalk restaurant that has been permitted by the Village Council, subject to the conditions set forth in section 5.09.105 of this chapter.
4. The hours of service shall be as provided in section 5.09.250 of this chapter.
B. Class A-1 Licenses. Class A-1 licenses shall duplicate Class A licenses in all regards, except that Class A-1 licenses shall additionally authorize the service of food or liquor at a counter, bar or waiting area, subject to the following conditions:
1. Except as provided in section 5.09.205 of this Chapter, the counter, bar or waiting area shall be restricted to patrons who have been seated by the restaurant's host or hostess.
2. The percentage of the total space available to patrons that is allocated to any lounge or waiting area in which a bar, counter or shelf or any substitute for such bar, counter or shelf will be located, shall not exceed ten (10) percent of the total space of the premises accessible to patrons.
3. The sale and service of alcoholic beverages under a Class A-1 license may also include sidewalk service of alcoholic beverages for consumption by customers seated at tables at a sidewalk restaurant that has been permitted by the Village Council, subject to the conditions set forth in section 5.09.105 of this chapter.
4. The hours of service shall be as provided in section 5.09.250 of this chapter.
C. Class A-2 Licenses. Class A-2 licenses authorize the retail sale and service of beer and wine by restaurants, but only when such sales and service are incidental and complementary to the sale and service of meals for consumption only on the premises where sold, provided that patrons may be served beer and wine while waiting to be seated when no tables are available. The hours of service shall be as provided in section 5.09.250 of this chapter. Class A-2 licenses also authorize the service of beer or wine in sidewalk seating areas, as provided in Section 5.09.105 of this code. In addition, Class A-2 licenses authorize the occasional sale and service of alcoholic beverages without food, and the occasional packaged sale of beer and wine, subject to the following conditions:
1. The sale and service of alcoholic beverages under a Class A-2 license may also include the occasional sale and service of alcoholic beverages without the service of food, subject to the provisions of Section 5.09.205 of this Chapter.
2. The sale and service of alcoholic beverages under a Class A-2 license may also include the occasional packaged sale of beer or wine for consumption only off the licensed premises, provided that the packaged beer or wine shall be paid by and delivered to the customer on the licensed premises, and shall also be subject to all of the following conditions:
a. Such packaged sale must be incidental and complementary to the sale of a complete meal prepared on the licensed premises for consumption off the licensed premises. It is unlawful to render a bill for the packaged sale of wine or beer which does not include a charge for a complete meal.
b. The amount of beer or wine sold in a packaged sale shall not exceed one serving of beer per meal, or one thousand, five hundred milliliters (1500 ml) in volume for wine. Any beer or wine sold in its original packages for consumption off the premises pursuant to this section shall not be sold at a price lower than that charged for consumption of the same beer or wine on the premises.
c. Except to the extent that the licensee displays wine or beer as part of the normal operations of the licensed premises, no wine or beer shall be displayed for packaged sale.
3. The sale and service of alcoholic beverages under a Class A-2 license may also include sidewalk service of alcoholic beverages for consumption by customers seated at tables at a sidewalk restaurant that has been permitted by the Village Council, subject to the conditions set forth in section 5.09.105 of this chapter.
4. The hours of service shall be as provided in section 5.09.250 of this chapter.
D. Class A-3 Licenses. Class A-3 licenses shall duplicate Class A-2 licenses in all regards, except that Class A-3 licenses shall additionally authorize the service of food, beer or wine at a counter, bar or waiting area, subject to the following conditions:
1. Except as provided in section 5.09.205 of this Chapter, the counter, bar or waiting area shall be restricted to patrons who have been seated by the restaurant's host or hostess.
2. The percentage of the total space available to patrons that is allocated to any lounge or waiting area in which a bar, counter or shelf or any substitute for such bar, counter or shelf will be located, shall not exceed ten (10) percent of the total space of the premises accessible to patrons.
3. The sale and service of alcoholic beverages under a Class A-3 license may also include sidewalk service of alcoholic beverages for consumption by customers seated at tables at a sidewalk restaurant that has been permitted by the Village Council, subject to the conditions set forth in section 5.09.105 of this chapter.
4. The hours of service shall be as provided in section 5.09.250 of this chapter
E. Class A-4 Licenses. Class A-4 licenses authorize the retail sale and service of wine by specialty restaurants, but only when such sales and service are part of a demonstration or instructional program on food preparation techniques, a host or hostess is present to seat patrons, and all patrons are served the same prix fixe, multi-course meal at a scheduled seating to which admission is by reservation only.
1. A specialty restaurant with a Class A-4 license may serve food and wine at tables or at a demonstration counter.
2. A specialty restaurant with a Class A-4 license may be operated in conjunction with a limited food products store or a specialty beverage store.
3. Sidewalk service is expressly prohibited under any Class A-4 license.
4. The hours of service shall be as provided in section 5.09.250 of this chapter.
F. Class A-5 Licenses. Class A-5 licenses shall duplicate Class A-4 licenses in all regards, except that Class A-5 licenses shall additionally authorize the service of wine by the glass with specialty gourmet desserts.
1. The sale and service of wine by the glass with specialty gourmet desserts under a Class A-3 license may also include such sale and service for consumption by customers seated at tables at a sidewalk restaurant that has been permitted by the Village Council, subject to the conditions set forth in section 5.09.105 of this chapter. No other sidewalk service shall be permitted under a Class A-5 license.
2. The hours of service shall be as provided in section 5.09.250 of this chapter.
G. [Reserved.]
H. [Reserved.]
I. Class B Licenses. Class B licenses authorize the sale of package liquor in a full-service grocery store. A Class B license shall authorize the licensee to use no more than ten (10) percent of the total floor space of the full-service grocery store for the display and sale of alcoholic liquor in the original package. The hours of service shall be as provided in section 5.09.250 of this chapter.
J. Class C Licenses. Class C licenses authorize the retail sale and service of alcoholic beverages by civic, fraternal, service or charitable not-for-pecuniary-profit organizations, at picnics, outings, festivals, theater nights or other such similar special occasions for consumption on the premises or within the area specifically designated for such license. No more than seven such licenses shall be issued to any one licensee within any calendar year.
1. The sale and service of alcoholic beverages under a Class C license may also include sidewalk service of alcoholic beverages for consumption in an outdoor seating area, subject to the conditions set forth in section 5.09.105 of this chapter, provided that the area and terms of such service shall be defined in the license.
2. The hours of service shall be as provided in section 5.09.250 of this chapter and shall be specified in the license, along with the date(s) or the authorized sale of alcoholic liquors under this section.
K. Class D Licenses. Class D licenses authorize the retail sale of wine in the original package for consumption off the premises where sold and where delivery is made exclusively through the mail or similar package delivery service.
L. Class D-1 Licenses. Class D-1 licenses authorize the sale of wine at wholesale in the original package by an importer/distributor to a Class D licensee as provided in this chapter.
M. Class E Licenses. Class E licenses authorize the retail sale of wine only, by a limited food products store, subject to all of the following conditions:
1. The wine must be sold in its original package, for consumption only off the premises where sold, and not for consumption on the licensed premises.
2. The sale of the wine must be incidental and complementary to the sale of food for consumption off the premises. It is unlawful for any holder of a Class E license to render a bill for sale of wine in its original package which does not include a charge for food to be consumed off the premises.
3. All wine sold under a Class E license shall be paid for and delivered to the purchaser only on the premises of the limited food products store operated by the licensee.
4. No more than ten (10) percent of the floor space of the limited food products store used by the licensee for the display and sale of merchandise may be used for the display and sale of wine. The remainder of such floor space shall be for the display and sale of other merchandise.
5. A limited food products store may be operated in the same premises as a specialty restaurant, provided the area for the display and sale of food products is separate from the meal service area.
6. Sidewalk service is expressly prohibited under any Class E license.
7. The hours for sale of alcoholic beverages under a Class E license shall be as provided in section 5.09.250 of this chapter.
N. Class E-1 Licenses. Class E-1 licenses authorize the retail sale of beer or wine by a limited food products store, subject to all of the following conditions:
1. (Reserved.)
2. The beer or wine must be sold in its original package.
3. The sale of the beer or wine must be incidental and complementary to the sale of food for consumption on or off the premises. Subject to the provisions of Section 5.09.205 of this Chapter, such incidental and complementary sales may include the occasional packaged sale of wine without the sale of food.
4. All beer or wine sold under a Class E-1 license shall be paid for and delivered to the purchaser only on the premises of the limited food products store operated by the licensee.
5. No more than ten (10) percent of the area used for the display and sale of merchandise may be used for the display and sale of wine. The remainder of such floor space shall be for the display and sale of other merchandise, except that the display of beer for sale is prohibited.
6. Sidewalk service is expressly prohibited under any Class E-1 license.
7. The hours for sale of alcoholic beverages under a Class E-1 license shall be as provided in section 5.09.250 of this chapter.
O. Class E-2 Licenses. Class E-2 licenses authorize the retail sale of fine wines, premium imported beer and domestic craft beer at a specialty beverage store, subject to the following conditions:
1. Except as provided in paragraphs 2 through 5 of this subsection, wines and beers must be sold in their original packages, for consumption only off the premises where sold.
2. The limited tasting of small quantities of varieties of fine wine, imported beer, and domestic craft beer shall be permitted on the licensed premises, subject to the following conditions:
a. The tasting shall be provided at a counter identified and used solely for that purpose.
b. The licensee may charge a fee for such tastings; provided, that the fee shall be applied to the contemporaneous purchase of a fine wine, imported beer or domestic craft beer.
c. All tasting samples shall be served in winery tasting glasses.
d. No more than four tasting samples shall be served to any person, regardless of the type or types of beverages sampled.
e. No signage on the premises shall advertise the availability of samples.
3. The tasting of varieties of fine wine, imported beer, and domestic craft beer shall be permitted at private events, subject to the following conditions:
a. The event must require advance registration, which shall include a fixed-price registration fee.
b. The store must be closed to the general public during the event.
c. The event must be for the purpose of providing instruction pertaining to the production, qualities, selection and use of fine wines, imported beers or domestic craft beers.
d. The class or event must have a written agenda or curriculum.
e. The class or event must end by 9:00 p.m.
4. The retail display area devoted to the sale of beer shall not exceed 10% of the total retail display area.
5. In addition, a Class E-2 licensee shall be permitted to serve fine wine, imported beer and domestic craft beer for immediate consumption on the licensed premises, subject to the following conditions:
a. Such service must be incidental and complementary to the concurrent service of meals sold for consumption on the premises by patrons seated at tables.
b. The meals may be pre-packaged meals that are prepared off-premises.
c. The meals shall be served using non-disposable dishes, glassware and utensils.
d. The meals shall not be served at a bar or counter.
e. The table seating area must be separated from the retail area of the license premises by a rail or similar means to segregate it from the retail area of the license premises, but shall not be located in a separate room.
f. The table seating area must not exceed 30% of the total interior area of licensed premises open to patrons, not including restrooms.
6. No tobacco product of any kind shall be sold or offered for sale on the licensed premises.
7. The areas of the licensed premises shall not be more than two thousand, five hundred (2,500) square feet, excluding storage areas not accessible to customers.
8. Except as provided in paragraph 3(e) of this subsection O, the hours of sale and service of alcoholic beverages under a Class E-2 licenses shall be as provided in section 5.09.250 of this chapter.
9. Sidewalk service is expressly prohibited under any Class E-2 license.
P. [Reserved.]
Q. Class P License. The Class P license authorizes the Winnetka Park District to engage in the retail sale and service of alcoholic beverages, at the “Halfway House” and in the clubhouse of the Winnetka Park District Golf Course, during the hours provided in section 5.09.250 of this chapter, and subject to the following terms and conditions:
1. Clubhouse service. The sale and service of alcoholic beverages in the clubhouse shall be incidental and complementary to the sale and service of food in the clubhouse food service facility and shall be for consumption only in the clubhouse food service area. Subject to the provisions of Section 5.09.205 of this chapter, the sales and service of alcoholic beverages at the clubhouse food service facility may include the occasional service of alcoholic beverages without the service of food.
2. Halfway house service. The sale and service of alcoholic beverages at the Halfway House shall be limited to persons the attendants at that facility reasonably believe to be at the Winnetka Park District Golf Course for the principal purpose of engaging in golfing activities. No such service shall be permitted if the Winnetka Park District Golf Course is not open for operation. Alcoholic beverages served at the Halfway House may be taken from the Halfway House for consumption in any other part of the Winnetka Park District Golf Course. Food and liquor may be served at a counter or bar at the Halfway House. Subject to the provisions of Section 5.09.205 of this chapter, the sale and service of alcoholic beverages at the Halfway House may include the occasional service of alcoholic beverages without the service of food.
3. Food and liquor may be served at a counter, bar or waiting area within the clubhouse food service facility, provided that the percentage of the total space available that is allocated to counter, bar and waiting area service in the clubhouse food service facility shall not exceed ten (10) percent of the total space of the food service facility that is accessible to patrons.
4. No alcoholic beverages shall be removed from the clubhouse or Halfway House for consumption on any Winnetka Park District property other than the Winnetka Park District Golf Course. For purposes of this provision, the Winnetka Park District Golf Course shall include the Golf Course’s clubhouse and Halfway House facilities, as well as connecting paths and walkways, but shall exclude all other areas of the Park District's facilities, including other buildings and activity centers, parking lots and external walkways.
R. Class W Wine Station Rider License. A Class W wine station rider license authorizes a Class A, Class A-1, Class A-2 or Class A-3 licensee to allow certain of the licensee's customers to dispense individual servings of wine for their own consumption from one or more wine stations located in a customer seating area, subject to the following conditions:
1. The customer seating area in which the wine stations are located shall be adjacent to, but separate from, all other seating areas of the licensed premises and shall be defined in the application and specified in the license.
2. The number of wine stations to be permitted under the Class W license shall be specified in both the application and the license.
3. No person under the age of 21 shall be permitted in that part of the licensed premises that is the subject of the Class W license.
4. A host or hostess who is at least 21 years old shall be present at all times in the seating area with the wine stations, to monitor admission to and service within that area.
5. All members of the service staff in the seating area with the wine stations shall be at least 21 years old.
6. Admission to the wine station area shall be limited only to customers who have been seated there for meal service.
7. Each wine station shall be set to provide pre-measured servings of wine.
8. The dispensing process of the wine stations shall be activated only by inserting a pre-paid card or by using a similar electronically coded device that is purchased by the customer from the licensee for use by the customer, or that is possessed and used solely by the licensee's service staff for service to licensee's customers.
9. No customer shall dispense more than a single serving of wine at a time.
10. The full service of alcoholic beverages shall be permitted in the wine station area, including the occasional service of alcoholic beverages without the service of a full meal as provided in section 5.09.205 of this code, provided that the self-service of wine from a wine station without the service of a full meal is expressly prohibited.
11. The pre-paid card or similar device used for dispensing wine from the wine station shall be encoded so as to enable the licensee to maintain records of the numbers of cards issued, the dates and amounts of the pre-payments posted to each card, the size and number of servings charged against each card, and the dates on which such servings occurred.
12. A Class W license shall not be required for any wine station that is located behind a bar or in a part of the licensed restaurant's premises that is accessible only to the licensee's employees.
13. All Class W licenses shall expire on the same date as the underlying license, unless the rider is terminated sooner pursuant to the procedures established in this chapter.
14. The service of wine using a wine station shall at all times be deemed service by the licensee, whether the wine is dispensed (i) by the licensee or an employee of the licensee for service to a customer, or (ii) by a customer for the customer's own consumption.
15. The Local Liquor Commissioner, in the exercise of his or her discretion, shall have the authority to impose such other conditions for the issuance of a wine station rider license as he or she may deem reasonably necessary.
SECTION 16: Chapter 5.09, “Liquor Control Regulations,” of Title 5 of the Winnetka Village Code, “Business Licenses and Regulations,” is hereby amended by adding a new Section 5.09.105, which shall be titled “Service of alcoholic liquor on public sidewalks,” and shall provide as follows:
Section 5.09.105 Service of alcoholic liquor on public sidewalks and public property.
The following conditions shall apply to the service of alcoholic beverages on public sidewalks or public property, and shall be in addition to any other standards and conditions that may apply to the license classifications provided in section 5.09.100 of this chapter.
A. Council approval required. Sidewalk service shall be prohibited unless the Village Council has first approved such service pursuant to Chapter 12.04 of this code. All approvals of sidewalk service shall expire at the same time as the underlying restaurant license.
B. Sidewalk service area. The area for sidewalk service shall be defined in the license application and shall be specified in the license. The area for sidewalk service shall be contiguous to the licensed premises and shall be separated from the pedestrian areas of the public sidewalk by fencing, planters or such other device as may be specified in the license.
C. Seasonal limitations on sidewalk service. Sidewalk service is prohibited prior to April 1 and after November 30, except that the Village Manager shall have the authority to permit sidewalk service prior to April 1 or after November 30, upon determining that weather conditions permit and upon issuing written notice to licensees. Notwithstanding the foregoing, the Village reserves the right to prohibit sidewalk service at any time that the Village determines that weather conditions necessitate the removal of snow or other debris from the public sidewalks.
D. Hours for sidewalk service. Sidewalk service shall cease no later than the time provided in section 5.09.250 of this chapter, unless the Village Council specifies an earlier time in an ordinance adopted at the time it authorizes the license.
E, Supervision required. The licensed sidewalk service area shall be supervised at all times by an employee of the restaurant who is at least 21 years old.
F. Insurance and indemnification.
1. The licensee shall indemnify and hold harmless the Village, its officers and employees from any and all costs arising from claims for personal injury or property damage resulting in any way from the licensee’s use of the public way, whether the claim, injury or damages arise from an incident on the licensed premises or on the adjacent portion of the public way that remains open for public use.
2. The licensee shall maintain dram shop insurance in an amount specified by statute or ordinance, or by rule of the State Liquor Control Commission or the Local Liquor Commissioner, but in no event shall the amount of dram shop insurance be less than $1,000,000.
3. The licensee shall maintain general liability insurance coverage of at least $2 million, with excess liability coverage of at least an additional $2 million, with the Village named as additional insured. The certificate of insurance shall be in a form acceptable to the Village.
G. Other conditions. The Local Liquor Commissioner, in the exercise of his or her discretion, shall have the authority to impose such other conditions for sidewalk service as he or she may deem reasonably necessary, which discretion shall include the right and authority to prohibit a licensee who violates any of the conditions for sidewalk service from serving any alcoholic beverages on public sidewalks or public property for a period of up to 5 years.
SECTION 17: Subsection B of Section 5.09.110, “License Fees,” of Chapter 5.09, “Liquor Control Regulations,” of Title 5 of the Winnetka Village Code, “Business Licenses and Regulations,” is hereby amended to provide as follows:
B. Proration of Certain License Fees.
1. The license fee for any initial license that is issued after January 1st of any year, shall be reduced in proportion to the number of full calendar months that expired in the license year prior to the issuance of the license.
2. Notwithstanding the foregoing, fees for Class C licenses and fees for license renewals, including license renewals issued in 2014, shall not be subject to proration.
SECTION 18: Section 5.09.120, “Payment and disposition of fees,” of Chapter 5.09, “Liquor Control Regulations,” of Title 5 of the Winnetka Village Code, “Business Licenses and Regulations,” is hereby amended to provide as follows:
Section 5.09.120 Payment and disposition of fees.
All fees for licenses issued under this chapter shall be submitted along with the application, and no application will be processed unless such payment has been made. In the event the license applied for is denied, the fee shall be returned to the applicant. If the license is granted, then the fee shall be deposited in the general corporate purposes fund of the Village or in such other fund as shall have been designated by the Village Council by motion, resolution or ordinance.
SECTION 19: Section 5.09.160, “License renewals,” of Chapter 5.09, “Liquor Control Regulations,” of Title 5 of the Winnetka Village Code, “Business Licenses and Regulations,” is hereby amended to provide as follows:
Section 5.09.160 License Renewals.
A. Any license other than a Class C license is subject to renewal upon its expiration, subject to the following conditions and limitations:
1. The licensee shall not have any delinquent accounts with the Village, as defined in Section 1.04.140 of this Code;
2. The licensee shall continue to meet the same eligibility requirements as if applying for an original license;
3. The premises for which the license renewal is sought are suitable for such purpose;
4. The renewal of any license shall not be construed as a vested right and nothing in this chapter shall prevent the Village President and Trustees from decreasing the number of licenses that may be issued within the Village; and
5. All applications for the renewal of a liquor license shall include a statement describing all work on or alterations to the licensed premises during the term of the current license.
B. [Repealed.]
SECTION 20: Section 5.09.205, “Service of alcoholic beverages without service of full meals,” of Chapter 5.09, “Liquor Control Regulations,” of Title 5 of the Winnetka Village Code, “Business Licenses and Regulations,” is hereby amended to provide as follows:
Section 5.09.205 Service of alcoholic beverages without service of full meals.
From time to time, any Class A, Class A-1, Class A-2, Class A-3, Class A-5, Class E-1 or Class P licensee may serve alcoholic beverages without serving a full meal to the person being served (“liquor-only” service), provided the following conditions are met:
A. No alcoholic beverages shall be offered for sale and consumption unless food is also offered.
B. No more than two servings of alcoholic beverages per customer shall be served without being accompanied by food items.
C. All liquor-only service shall comply with the limitations of hours of service established in Section 5.09.250 of this Chapter.
D. The total amount of all alcoholic beverage sales by any licensee, including liquor-only sales, shall at all times be incidental and complementary to the sale of complete meals or food products, as specified in the licensee's license classification.
E. The extent of liquor-only service at the Halfway House on the Winnetka Park District Golf Facility may predominate over the sale and service of alcoholic beverages with food at that location, provided that liquor only sales at the Halfway House and at the clubhouse food service facility, when combined, shall be incidental and subordinate to the sale and service of food at those two locations, taken as a whole.
SECTION 21: Section 5.09.250, “Hours of service,” of Chapter 5.09, “Liquor Control Regulations,” of Title 5 of the Winnetka Village Code, “Business Licenses and Regulations,” is hereby amended to provide as follows:
Section 5.09.250 Hours of service.
A. Restaurants and Specialty Restaurants. The sale and service of alcoholic beverages by a restaurant or specialty restaurant under any “A” Classification license, and the consumption of alcoholic beverages under such licenses, shall be permitted only during the following hours, unless the license specifically limits the days or hours of such sales and service:
1. For indoor service and service in private outdoor seating areas:
a. Not before 11:00 a.m. any day.
b. Not after midnight any day. for indoor service and for service in private outdoor seating areas
c. On January 1st, restaurants and specialty restaurants may remain open for indoor service until 2:00 a.m., provided that all sales and service of food and alcoholic beverages shall cease at 1:00 a.m., and no additional patrons shall be admitted after that time.
. 2. For sidewalk service as defined in section 5.09.010 of this chapter: seating areas on public sidewalks:
a. Not before 11:00 a.m. on any day
b. Not after 11:00 p.m. on Friday and Saturday.
c. Not after 10:00 p.m. on Sunday through Thursday.
B. Full-service grocery stores. The sale of alcoholic liquor by a full-service grocery store under a Class B license shall be permitted only during the regular business hours of such grocery store, but not before 7:00 a.m. or after 10:00 p.m.
C. Special events. The sale and service of alcoholic beverages by a civic, fraternal, service or charitable not-for-pecuniary-profit organization under a Class C license, and the consumption of alcoholic beverages under such license, shall be permitted only on the dates and during the hours specified in the license. The sale, service and consumption of liquor may begin on or after the hour of 11:00 a.m. of one day and may continue until 2:00 a.m. of the following day, subject to the following limitations:
1. Between the hours of 11:00 a.m. of one day and 2:00 a.m. of the following day, for any or all of the days specified in the license if the alcoholic beverages are sold and consumed indoors in a fixed, permanent structure.
2. Between the hours of 11:00 a.m. of one day and 2:00 a.m. of the following day, for any or all of the days specified in the license, if the alcoholic beverages are sold in a tent or comparable temporary or movable structure, for consumption at tables and chairs located within such tent or structure, provided the sale or consumption of alcoholic beverages is incidental and complementary to the sale and consumption of other foods.
3. Between the hours of 11:00 a.m. and 10:00 p.m. of each day or days specified in the license if the alcoholic beverages are sold or consumed outdoors, or in a tent, booth, concession stand, or other such temporary or movable structure, provided the sale, service or consumption of alcoholic beverages is incidental and complementary to the sale and consumption of other foods.
4. The sale, service and consumption of alcoholic beverages shall be prohibited between the hours of 2:00 a.m. and 11:00 a.m. of any day.
D. Specialty Limited food products stores. The sale or service of beer or wine under a Class E or Class E-1 license shall be permitted only during the regular business hours of such store, but not before 11:00 a.m. or after 8:00 p.m. Notwithstanding the foregoing, the licensed business may be open for the sale of food and packaged products until 10:00 p.m. on Friday and Saturday, and until 8:00 p.m. on all other days of the week.
E. Specialty beverage store. The sale or service of fine wine, imported beer or domestic craft beer with food shall be limited to the hours between 11:00 a.m. and 8:00 p.m. Notwithstanding the foregoing, the licensed business may be open for the sale of food and packaged products from 11:00 a.m. to 10:00 p.m. on Friday, from 9:00 a.m. to 10:00 p.m. on Saturday, and from 11:00 a.m. to 8:00 p.m. on all other days of the week.
F. Park District Golf Facilities. Alcoholic beverages may be sold and served pursuant to a Class P license between the hours of 11:00 a.m. and 7:30 p.m., of any day the Winnetka Park District Golfing Facilities are open for golfing activities and the food service facility at the clubhouse is in operation. The sale of alcoholic beverages at the Halfway House shall not be permitted if the Winnetka Park District Golf Course is not open for business.
G. All liquor licensees shall cease the sale and service of alcoholic beverages and shall remove all partially consumed alcoholic beverages and serving containers for such beverages by the times required for their respective license classifications, as provided in this Section 5.09.250.
SECTION 22: This Ordinance is adopted by the Council of the Village of Winnetka in the exercise of its home rule powers pursuant to Section 6 of Article VII of the Illinois Constitution of 1970.
SECTION 23: This Ordinance shall take effect immediately upon its passage, approval and posting as provided by law.
PASSED this 1st day of April, 2014, pursuant to the following roll call vote:
AYES: Trustees Braun, Buck, Kates and McCrary
NAYS: None
ABSENT: Trustee Corrigan
APPROVED this 1st day of April, 2014.
Signed:
s/ E. Gene Greable
Village President
Countersigned:
s/ Robert M. Bahan
Village Clerk
Published by authority of the President and Board of Trustees of the Village of Winnetka, Illinois, this 1st day of April, 2014.
Introduced: March 20, 2014
Passed and Approved: April 1, 2014