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AN ORDINANCE AMENDING CHAPTERS 112.33(G-1) AND 112.33A(D) (ALCOHOLIC BEVERAGES) OF THE VILLAGE CODE OF ORDINANCES
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WHEREAS, the licensing and regulation of the sale of alcoholic beverages within the Village of Romeoville is a matter greatly affecting the health, safety, morals, and welfare of the residents of the Village of Romeoville; and
WHEREAS, the Village of Romeoville has the authority to regulate the sale of alcoholic beverages within the Village of Romeoville pursuant to Article 4 of the Liquor Control Act of 1934, 235 ILCS 5/4-1 et. seq.; and
WHEREAS, at the direction of the President and Board of Trustees of the Village of Romeoville, the Village staff has reviewed those ordinances of the Village of Romeoville pertaining to the licensing and regulation of the sale of alcoholic beverages within the Village of Romeoville; and
WHEREAS, based upon said review and the current growth and development within the Village of Romeoville, the President and Board of Trustees have determined that it is in the best interests of the health, safety, morals and welfare of the Village of Romeoville and its residents to amend the regulations for Class G-1 licensees and the issuance of video gaming terminal endorsements.
NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES FOR THE VILLAGE OF ROMEOVILLE, WILL COUNTY, ILLINOIS; THAT:
SECTION 1: RECITALS. The foregoing recitals are hereby incorporated into this Ordinance as if fully set forth herein.
SECTION 2: AMENDMENT TO CHAPTER 112.33(G-1) OF THE VILLAGE CODE OF ORDINANCES. All those heretofore adopted Village Ordinances presently codified as and for Chapter 112.33(G-1)) shall hereby be revised to read as follows:
(G-1) Class G-1 license. A Class G-1 license shall authorize the retail sale for on-premises consumption of bottled or canned beer or wine only to the exclusion of any form of spirits or to the service of any form of draft or tap beer or wine, in accordance with the limitations and conditions hereinafter set forth in this division (G-1). The annual fee for a Class G-1 license shall be $1,250 per year. All sales of bottled or canned beer or wine for on-premises consumption by a Class G-l licensee shall comply with the following limitations and conditions:
(1) Notwithstanding anything in this chapter to the contrary, no Class G-1 licensee shall or serve sell any beer or wine on any day prior to 12 noon or after 11:00 p.m. under any circumstances.
(2) The sale for on-premises consumption of bottled or canned beer or wine by a Class G-1 licensee shall be incidental to the conduct by the Class G-1 licensee of the business of a hotel (other than a full service hotel) as the same is defined in Chapter 159 of this code. No live entertainment shall be permitted on the premises of a Class G-1 licensee.
(3) Reserved.
(4) The sale or service of bottled or canned beer or wine for on-premises consumption by a Class G-1 licensee shall be limited to (a) the sale of such products from a convenience/gift shop operated on the hotel premises by the Class G-1 licensee and intended to serve the needs of the guests of the Class G-1 licensee and (b) subject to the compliance by the Class G-1 licensee with the provisions of Section 6-28.5 of the Illinois Liquor Control Act of 1934, ILCS Ch. 235, Act 5, § 6-28.5, the complimentary dispensation to guests of the Class G-1 licensee of such products during a limited and continuous time period each day, the duration of which shall not exceed two hours.
(5) No Class G-1 licensee shall contract with, make arrangements with or otherwise cause any food truck licensed or required to be licensed under the Village Code of Ordinances from conducting its ordinary business operations at any location within the vicinity of the Class G-1 licensed premises, including but not limited to any parking area available for use by the customers of the Class G-1 licensed premises.
(6) No Class G-1 licensee shall cause, sponsor or permit the conduct of any special event or gathering outside of or at any location within the vicinity of the licensed premises, including but not limited to any parking area available for use by customers of the Class G-1 licensed premises.
(7) All beer or wine to be served or sold by a Class G-1 licensee shall be served or sold by an employee of the licensee who has successfully completed a T.I.P.S. alcohol training and certification course conducted by the Police Department or a B.A.S.S.E.T. program approved by the Illinois State Liquor Control Commission within a period of one year immediately prior to the date(s) during which the Class G-1 licensee proposes to serve such beer or wine as herein contemplated.
(8) No Class G-1 licensee shall be authorized to deliver any bottled or canned beer or wine for on-premises consumption to individual rooms or to place, furnish or sell alcoholic liquor within individual guest rooms in any refrigerator, cooler, bar, chest or like item.
SECTION 3: AMENDMENT TO CHAPTER 112.33AD) - All those heretofore adopted Village Ordinances presently codified at Chapter 112.33A(D) of the Village Code of Ordinances are hereby amended to add the following, to be codified as and for a new Section 112.33A(D):
(D) Video gaming terminal location endorsements.
(1) A video gaming terminal location endorsement may be issued to the holder of a Class A, Class B, Class C, Class D, Class G, Class G-1 or Class P license that holds a current and valid license from the State of Illinois and/or the Illinois Gaming Board pursuant to the provisions of the Video Gaming Act (ILCS Ch. 230, Act 40, §§ 1 et seq.) and the provisions of applicable regulations promulgated from time to time by the Illinois Gaming Board permitting the holder to operate one or more video gaming terminals within the licensed premises. All applicants for a video gaming terminal location endorsement must at all times offer or have available a selection of food and nonalcoholic beverages prepared to customer order on the licensed premises, and for immediate consumption by the customer on such premises, provided that the preceding requirement shall not apply to holders of Class G-1 licenses. Class G and Class G-1 licensees shall only be eligible to receive video gaming terminal location endorsements if the location of the proposed video gaming terminals is in a physically distinct room or space capable of being observed by hotel staff, but which is otherwise screened from view of the general common areas of the hotel (such as the lobby or breakfast area). A separate video gaming terminal endorsement shall be required to be issued for each video gaming terminal sought to be operated from within the licensed premises. For purposes of the enforcement of the provisions of this chapter (including but not limited to the taking of any action by the Local Liquor Control Commissioner pursuant to § 112.51), any violation by a licensee holding one or more video gaming terminal location endorsements of any provision of the Video Gaming Act, the regulations promulgated thereunder by the Illinois Gaming Board, or any provision of any village ordinances applicable to the licensee's conduct of business (including but not limited to the provisions of Chapters 113 and 159 of this Code, and the provisions of any special use permit issued to the licensee or with respect to the licensed premises) shall be deemed to be a violation of this chapter. No licensee under this chapter may apply for, receive or hold more than six video gaming terminal endorsements at any time. Licensees applying for new or initial video gaming terminal location endorsements shall make application in such form as shall be from time to time prescribed by the Local Liquor Control Commissioner, and shall be subject to an application fee as provided for in Chapter 43 of the Village Code of Ordinances. The annual fee for each video gaming terminal location endorsement shall be $250, provided however, that the annual fee shall be shared equally by the licensee holding the video gaming terminal location endorsement and the person or entity licensed by the State of Illinois as the video gaming terminal operator with respect to the video gaming terminals placed at the licensed premises, with $125 payable by the licensee holding the video gaming terminal location endorsement, and $125 payable by the person or entity licensed by the State of Illinois as the video gaming terminal operator with respect to the video gaming terminals placed at the licensed premises.
(2) Restrictions and limitations on the issuance of certain video gaming terminal location endorsements.
(a) As of the date on which the village adopts the ordinance providing for the creation of this division (D)(2)(a), there shall be a limitation on the number of video gaming terminal locations endorsements issued to holders of Class A, B, C, or D licenses, with the initial number of such video gaming terminal location endorsements available being equal to the then-existing number of video gaming terminal locations endorsements issued to then-existing Class A, B, C, and D licensees. Class A, B, C, and D licensees holding video gaming terminal location endorsements as of the date on which the village adopts the ordinance providing for the creation of this division (D)(2) shall be entitled to continue to renew such video gaming terminal location endorsements as they may then hold, subject to ongoing compliance with the otherwise applicable ordinances. In the event that any Class A, B, C, or D licensee shall for whatever reason fail to renew any video gaming terminal location endorsements then held, the number of such nonrenewed video gaming terminal location endorsements shall be subtracted from the number of video gaming terminal location endorsements otherwise available under this division (D)(2)(a), provided, however, that the Board may from time to time vote to make available and permit the issuance by the Local Liquor Control Commissioner of such endorsements to new applicants for such endorsements up to a total amount of such endorsements equal to the number of such endorsements issued and in existence as of the date on which the Board adopts the ordinances creating this division (D)(2)(a), and the holders of such video gaming terminal location endorsements shall be exempt from complying with the financial revenue standards set forth in division (D)(2)(b) of this section.
(b) After the issuance of that number of video gaming terminal location endorsements equal to the number of such endorsements issued and in existence as of the date on which the Board adopts the ordinances creating division (D)(2)(a) of this section, the number of additional video gaming terminal location endorsements available for issuance shall be as set forth from time to time by duly adopted village ordinance, provided, however, that such video gaming terminal location endorsements shall only be available for issuance to holders of Class A, B, C or D licenses who demonstrate in their written application for video gaming terminal location endorsements that the business at which such video gaming terminals are intended to be located and operated is realistically likely and actually intended to generate 50% or more of its gross revenues from sales of food or beverages, or activities other than video gaming activities, and shall provide such further information as the Village Local Liquor Control Commissioner shall from time to time request in support thereof. Class A, B, C, or D licensees that receive video gaming terminal location endorsements shall be obligated to continually comply with the aforementioned requirements that 50% of the gross revenues of such licensees be generated by sources of revenue other than video gaming revenue, and the Local Liquor Control Commissioner shall be entitled to reasonable access to the books and records of the licensees for purposes of auditing and verifying such ongoing compliance.
SECTION 4: SEVERABILITY. That the various provisions of this Ordinance are to be considered severable and if any part or portion of this Ordinance shall be held invalid by any Court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Ordinance.
SECTION 5: CONFLICTS. All prior Ordinances and Resolutions, or parts thereof in conflict or inconsistent with this Ordinance are hereby expressly repealed only to the extent of such conflict or inconsistency. .
SECTION 6: REPEALER. All Ordinances or parts of Ordinances in conflict with any of the provisions of this Ordinance shall be, and the same are hereby repealed.
SECTION 7: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law.