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HomeMy WebLinkAboutORDINANCE - 3941 - 5/26/2026 - AMENDING LIQUOR CODEORDINANCE NO.3941 AN ORDINANCE AMENDING TITLE 3, CHAPTER 3, OF THE VILLAGE CODE RELATED TO LIQUOR CONTROL FOR THE VILLAGE OF ELK GROVE VILLAGE, ILLINOIS WHEREAS, Section 6(a) of Article VII of the 1970 Constitution of the State of Illinois provides that any municipality which has a population of more than 25,000 is a home rule unit, and the Village of Elk Grove Village (the "Village"), Cook and DuPage Counties, Illinois, with a population in excess of 25,000 is, therefore, a home rule unit and, pursuant to the provisions of said Section 6(a) of Article VII, may exercise any power and perform any function pertaining to its government and affairs, including, but not limited to, the power to establish business and license regulations regarding liquor control within the Village; and WHEREAS, the Village Code of Elk Grove Village (the "Village Code") establishes certain regulations regarding liquor control within the Village; and WHEREAS, the Mayor and Board of Trustees of the Village (the "Corporate Authorities") are committed to protecting the health and safety of Village residents, as well as maintaining the peace in the community; and WHEREAS, in support of these goals, the Corporate Authorities have determined that it is necessary, advisable and in the best interests of the Village and its residents to amend Title 3, Chapter 3 of the Village Code in relation to the control of liquor; and NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows: Section 1: The recitals set forth above and all exhibits attached to this Ordinance are incorporated into this Section as if fully set forth herein. 1 Section 2: Title 3, Chapter 3, Section 10 is amended as follows (deletions str4eken and additions ndetl dined 3-3-10: PROHIBITED ACTS AND CONDITIONS: A. Gambling: It shall be unlawful to permit gambling on any premises licensed to sell alcoholic liquor, provided that this Section shall not apply to the following: 1. Off track betting facilities as established pursuant to Section 3-3-13 of this Chapter. 2. Video gaming establishments as set forth in Section 3-17-1 et seq., of this Title. B. Improper Exhibitions: It shall be unlawful for any person to perform, or for any licensee or manager or agent of the licensee to permit any employee, entertainer or patron to engage in any live act, demonstration, dance or exhibition on the licensed premises which: 1. Exposes their genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or 2. Exposes any device, costume or covering which gives the appearance of or simulates genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or 3. Exposes any portion of the female breast at or below the areola thereof. C. Manager's attendance required. An owner, partner. corporate officer or approved manager meeting the same requirements must be present on the premises licensed under this chapter during all business hours. In addition to any other penalty imposed for violations of this chapter, a minimum fine of $250.00 and a maximum fine of $750.00 shall be imposed for violations of this section. D. Over -service prohibited. It shall be unlawful for any holder of a retail li uor dealer's license to sell, deliver or give any alcoholic liquor to any intoxicated person. In addition to any other penalty imposed for violations of this chapter, a minimum fine of $250.00 and a maximum fine of $750.00 shall be imposed for violations of this section. 2 E. Disorderly conduct/breach of the peace. (a) No person licensed under this Chapter shall permit any violation of this Chapter and Disorderly Conduct as described in Section 6-6-1-1 or violation of any law or ordinance on or about the licensed premises. (b) The licensee, his, her or its agents or employees shall immediately report to the Elk Grove Village Police Department any disorderly conduct and/or breach of the peace or other criminal activity being conducted or occurring on the licensed premises and shall in all ways cooperate with the Elk Grove Village Police Department in any investigation arising from those activities. (cIn addition to any other penalty imposed for violations of this chapter, a minimum fine of $250.00 and a maximum fine of $750.00 shall be imposed for violations of this section. Section 3: That the Village Clerk is authorized to publish this Ordinance in pamphlet form. Section 4: In the event a conflict exists between the terms of this Ordinance and any other ordinance or resolution of the Village, the terms of this Ordinance shall govern. Section 5: This Ordinance and every provision thereof shall be considered severable. If any word, phrase, clause, sentence, paragraph, provision, section, or part of this Ordinance is found to be void, unconstitutional, or otherwise unenforceable, all remaining portions of this Ordinance not so declared void, unconstitutional, or unenforceable shall remain in full force and effect. Section 6: This Ordinance shall be in effect immediately from and after its passage and approval in the manner provided by law. The provisions of the Code amended herein shall be reprinted with the changes. 3 VOTE: AYES:6 NAYS:0 ABSENT:0 PASSED this 26th day of May 2026. APPROVED this 261t' day of May 2026. DVED;/ 1 May-U-Craig B. J nson Village of Elk Gr ve Village ATTEST: ^1 M I Jenn ew Mahon, Village Clerk PUBLISHED in pamphlet form this 271t' day of May 2026. 4