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City Council Packet 2007 08-17-07 `,�eo C/T6 J� a o United City of Yorkville 800 Game Farm Road EST. � �_ 1836 Yorkville, Illinois 60560 4 •e Telephone: 630-.553-4350 0 In,` C'It Fax: 630-553-7575 AGENDA SPECIAL CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 5:.30 PM Friday, August 17, 2007 Call to Order: Pledge of Allegiance: Roll Call by Cleric: WARD I WARD II WARD III WARD IV Jason Leslie Gary Golinski Marty Munns Joe Besco Wally Werderich Arden Joe Plocher Robyn Sutcliff Rose Ann Spears Establishment of Quorum: City Council Requests: 1 , Request for Mechanical Amusement Device License for Legends Sports Bar & Grill Adjournment: `,000 C/r� Reviewed By: Agenda Item Number OAz� u /�- '� O,n Legal ❑ Finance ❑ EST. `c 1836 ��- Engineer ❑ Tracking Number O� ® i O City Administrator ❑ O Consultant ❑ ❑ <CE Agenda Item Summary Memo Title: Request for Mechanical Amusement Device License for Legends Sports Bar & Grill Meeting and Date: Special CC CC 817-07� Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Vote to approve mechanical amusement device license for Legends Sports Bar & Grill Submitted by: Lisa Pickering Clerk's Office Name Department Agenda Item Notes: Applicant has met the criteria listed in our municipal code, Staff recommendation is to approve license. Please see attached information for more details_, =`tED cep o United City of Yorkville beano o � " 800 Game Fann Road Esr 1836 Yorkville, Illinois 60560 �< \ Telephone : 630-553 -4350 ®' n Fax: 630-553 -7575 <CE Date: August 15, 2007 To: City Council From: Bart Olson, Interim City Administrator CC: Subject: Mechanical Amusement Device Licenses Deputy Clerk Pickering has prepared the information associated with this agenda item and special meeting. While I have spoken to a few of the aldermen about the specific concerns of the way the amusement device licenses are processed, I would like to reiterate the staff's role in approving and processing these licenses. The city code governing the release of the license is attached. The process is fairly clear in the steps that are needed to achieve an approved license: sign off by the City building department, sign off by the Kendall County Health Department and approval by City Council, Staff is researching the ramifications of establishments having "approved" licenses that did not go through the City code mandated approval process in full. When that research is finalized, I will report back to you. For purposes of approving this specific license, I feel that the research on other licenses is irrelevant. This applicant has met the process and staff recommends approval. The mechanical amusement device license approval process is one in which more staff autonomy would result in a quicker process,. The current step of City Council approval adds as much as 2 weeks to the entire application process. I intend to research this and report back to you at a future committee meeting. Deputy Clerk Pickering has attached a list of all of the current establislunents which have a mechanical amusement device license. The Police Department conducts checks of each of the licensed establislunents on a yearly basis to verify the number of devices at each establishment. ®p O N W (Sa 00 00 00 00 00 00 ® ¢ W 00 00 00 00 00 00 00 Con V V) Vt1 kn t tr) W*) a N � M Q M (n 00 Oa � O U ai 9 H W ai as r/] EWW v u � C/) o0 � b0A bOD b0A CO cq cn co M (" � O ON U kn M mot' C" U ,M, rq N z U CA C7 N r-a bq cG 0 U a1 r- > W H bq cu Uwe HC70 � a, � H o United City of Yorkville Memo J o T 800 Game Farm Road ESL IB36 Yorkville, Illinois 60560 Telephone: 630-553-4350 o 10 F] Fax: 630-553 -7575 <Le Date: August 15, 2007 To: Mayor and City Council From: Lisa Pickering, Deputy Cleric Subject: Request for Mechanical Amusement Device License The Clerk's Office is in receipt of an application for a mechanical amusement device license. The business applying for the license is the Legends Sports Bar & Grill located at 620 W. Veteran's Parkway in Yorkville (see attachment #1 ). I have included a copy of the current mechanical amusement device code for the city (see attachment #2). Section 3-4B-2 states that a license is required to operate, maintain, or conduct a billiard table, pool table or pinball machine or amusement device open to the public. Section 3-4B-4 states that all applications for licenses required by this article must be investigated to make sure the business is in compliance with the city's ordinances and also the I{endall County Health Department' s ordinances. The applicant is currently in compliance with the city's zoning ordinances (see attachment #3). The applicant is also currently in compliance with the Health Department ordinances (see attachment #4). Section 3-4B-5 states that the application for license, when filed, shall be referred to the City Council which shall issue or cause to be issued to the applicant a license,. Section 3-4B-6 states that the business must be located in a B-2 General Business District or, B-3 Service Business District. The business is located in a B-2 zoning district. The application meets the criteria laid out by our municipal code. Staff recommendation is to approve the license. I EAl! GC- Flr� lwi � (LICENSE APPLICATION FOR MECHANICAL AMUSEMFENT DEVICE M-A-CHINES TO : City Cleric, of the United City of Yorkville, Kendall County, Illinois I . Name and address of applicant: ��C ��S ��� f I' Y2itc 1 If applicant is a corporation, indicate the state of incorporation and exact corporate name. n (State of Incorporation) (Exact Corporate Name) 3 . If applicant is a corporation, indicate the name and address of each Officer and Director of the corporation and all shareholders owning more than 5% of the stock of such corporation. jou � �fl �� � � a�� a ��. � a3 � �� �� yau�i�� i ��� s� � Z� 7 4 ST. P2 04V� 4. Has the applicant or any officer, director or shareholder owning more than 5% of the stock of a corporate applicant, or a partner of any partnership applying for a license, or any agent or manager of the applicant for a license for a billiard table, pool table, pinball machine or mechanical amusement device ever been convicted of a felony? Yes / No Page 1 of 4 Mecbanical Amusement DeAce License February 2003 5 . Has the applicant or any officer, director or shareholder owning more than 5% of the stock of a corporate applicant, or partner of any partnership applying for a license, or any agent or manager of the applicant for a license for a billiard table, pool table, pinball machine or mechanical amusement device ever had his license revoked to operate, maintain or conduct a billiard table, pool table, pinball machine, or mechanical amusemen vise? Yes / u If so, please state the name of such person and when such revocation occurred: 6. Has the applicant or any officer, director or shareholder owning more than 5 % of the stock of a corporate applicant, or partner of any partnership applying for a license, or any agent or manager of the applicant for a license for a billiard table, pool table, pinball machine or mechanical amusement device machine ever been convicted of any crime or misde anor involving moral turpitude? Yes / No If so, please state the name, address and p on of such person: 7 . Does the applicant own the premises where the billiard table, pool table, pinball machine or mechanical amusement devic be operated and maintained? Yes No If not, does the applicant have a v se? Yes / No If applicant has leased the premises or which license application is submitted, what is the term of such lease? LO Page 2 of 4 Mechanical Amusement Device License February 2003 8 . Will alcohol be sold at the place where applicant intends to operate, maintain or conduct a billiard table, pool table, pinball machines or mechanical amusement device machines? es / No If so, does the applicant intend to permit minors to use the billiard tables, pool tables, pinball machines or mechanical a ant devices? Yes / No 9 . Has the applicant acquainted himself with the zoning classification of the premises where he plans to conduct and maintain the billiard table, pool table, pinball machines or mechanical a ent device machines? ( Yes) / No If so, what is such classification? Does such classification permit th nYes /intended by the applicant? No 10. Has the applicant acquainted himself with the rules and regulations as defined in "An Ordinance to License and Regulate Amusement Devices, Billiard Parlors and Pinball Machines in the United City of Yo le, Kendall County, Illinois"? Yes / No If so, does the applicant intend to bQmoy with each and every provision thereof, including the hours of operation a ned in Section 8 thereof? es / No 11 . Is there any reason known to the applicant why a license should not be issued to the applicant and stamps issued for each table, pinball machine or mechanical amusement device as defined in the Ordinance of the United City of Yorkville as referred to herein? Yes No NOTE: A license fee of $20 for each billiard table, pool table, pinball machine or mechanical amusement device must accompany this application. All checks should be made payable to "The United City of Yorkville". Page 3 of 4 Mechanical Amusement Device License February 2003 Ih' pf p Y ( 569[j 1 �(� ���lof�" � � �u on oath deposes and says that (s)he has read the foregoing application, by him/her subscribed, for a billiard table, pool table, pinball machine or mechanical amusement device machine, that (s)he - ows th tents thereof and that the same is true in substance and fact. Wand CIAL SEAL TE WILLIAMS S ' e of Applicant C - STATE OF ILLINOIS ION EXPIRES:12173105 Subscrorn to before me this �l� — r7 day of 20 r7 r' Notary Public f U Page 4 of 4 Mechanical Amusement Device License February 2003 �\�ED CIA o United City of Yorkville Memo 800 Game Farm Road ESL I - 1998 Yorkville, Illinois 60560 Telephone: 630-553 -4350 o lei 0) Fax: 630-553 -7575 x ° o of <LE Date: August 15, 2007 To: Mayor and City Council From: Lisa Pickering, Deputy Clerk Subject: Mechanical Amusement Device Code ARTICLE E . MECHANICAL AMUSEMENT DEVICES 346-1 : DEFINITIONS : When used in this Article, the following words and terms shall have the meanings herein ascribed to them : MECHANICAL AMUSEMENT DEVICE: Any machine which, upon the insertion of a coin, slug , token, plate or disc, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include such devices as marble machines, pinball machines, skillball, mechanical grab machines, pistol ranges, baseball games, bowling games, tennis games and any and all devices referred to as arcade equipment, and all games and operations similar thereto under whatever name they may be indicated . It shall also include those amusements operated by remote control , whether or not actuated by insertion of a coin. For purposes of this Section, the term "mechanical amusement devices" shall not include mechanical devices commonly known as "kiddie rides" or "carnival amusement rides" designated for child or adult amusement rides or music machines, PINBALL: A game played with any number of balls or spheres upon a table or board having holes, pockets or cups into which such balls or spheres may drop or become lodged , or having arches, pins and springs, or any of them, to control , deflect or impede the direction or speed of the ball or spheres in motion by the player, (Ord . 1978-4, 4-27- 78) TAVERN : Any place of business whose chief or principal function is the sale or dispensing of alcoholic beverages, and not chiefly or principally in the business of selling food , as measured by gross sales of food compared to gross sales of alcoholic beverages. (Ord . 1979-20, 11 - 15-79) 3413-2 : LICENSE REQUIRED : No person shall operate , maintain or conduct a billiard table, pool table or pinball machine or amusement device open to the public without first having obtained a license therefor as herein provided . (Ord . 1978-4, 4-27-78) 3-45-3: LICENSE FEE : A. The annual fee for any license required by this Article shall be twenty dollars ($20.00) for each table , machine or mechanical amusement device. (Ord . 1978-4, 4-27-78; 1994 Code) B. If, at the time application is made for a license required by this Article and less than six (6) months of the current license year shall have expired , the full fee shall be charged for any such pool table, billiard table, pinball machines or amusement devices. If more than six (6) months of such current year shall have expired , a license fee of one-half ( 1 /2) the full fee shall be charged for such billiard table, pool table, pinball machine or mechanical amusement device for such portion of the current license year that shall remain unexpired . (Ord . 1978-4, 4-27-78) 34134: INVESTIGATION OF APPLICANT: A. All applications for licenses required by this Article, when filed, shall be referred to the City Building and Zoning Officer to assure compliance with the applicable building , zoning and housing ordinances of the City 7Lo , and no license shall be granted to any applicant at any location unless and until the City Building and Zoning Officer shall have first certified that the proposed location complies with the applicable building , zoning and housing ordinances of the City. B . Upon receipt of any application for license required by this Article, the City Clerk shall forward such application to such other appropriate agencies or administrators as may be affected, including but not limited to the Local Liquor Control Commissioner if liquor is to be sold upon the premises where such pinball machine or mechanical amusement device is to be held and to the Kendall County Health Officer if food is to be dispensed upon the premises. No license shall be issued until such agency or administrator, as the case may be, shall have certified that the intended location of the place of business is in compliance with all other applicable ordinances. (Ord . 1979-20 , 11 -15-79) 3413-5 : ISSUANCE OF LICENSE; RESTRICTIONS : The application for license required by this Article, when filed , shall be referred to the City Council which shall issue or cause to be issued to such applicant a license authorizing the keeping , conducting or operating of such billiard tables, pool tables or pinball machines, as the case may be, at the place described in such application, for and during the term of such license. A license shall not issue, however, to the following person or persons: A. A person who has been convicted of a felony under the laws of the State of Illinois; B. A person whose license issued under this Article has been revoked for good cause; C. A person who , at time of application for renewal of any license issued under this Article, would not be eligible for such license upon first application; D. A partnership, unless all of the members of such partnership shall be qualified to obtain a license; E. A person whose place of business is conducted by a manager or agent, unless the manager or agent possesses the same qualifications required of the licensee; F. A person who does not own the premises for such a license, unless said person has valid lease for the full period for which the license is to be issued ; G . A person who has been convicted of any crime or misdemeanor involving moral turpitude. (Ord . 1978-4, 4-27-78) 34M: LOCATION RESTRICTIONS : A.. In accordance with the provisions of the Zoning Ordinance of the City under no circumstances shall a license be issued for the operation of any billiard table, pool table, pinball machine or mechanical amusement device business unless such parlor or business is located in a B-2 General Business District or B-3 Service Business District classification. (Ord . 1978-4, 4-27-78) B . No license shall be granted to any place of business under this Article to operate, maintain or conduct a billiard table, pool table or pinball machine or amusement device for the use of minors which is within three hundred feet (300') of any school or tavern. (Ord . 1979-20, 11 -15-79) 3413-7 : FLOURS OF OPERATION : All places of business licensed under this Article, with the exception of those places holding liquor licenses '? shall be closed and kept closed each night from twelve o'clock ( 12:00) midnight until eight o'clock (8:00) A. M. the following morning . (Ord . 1978-4, 4- 27-78) 3413-8 : MINORS : A. Minors Prohibited : Minors under the age of twenty one (2 1 ) shall not, under any circumstances, frequent, loiter or go or remain in a place licensed hereunder for the sale of liquor.. It shall be unlawful for the proprietor or manager of such place so licensed for the sale of liquor to allow or permit these minors to frequent or loiter or remain within the premises or designated area in which said pinball machines, amusement devices or billiard tables are located . (Ord . 1978-4, 4-27-78; 1994 Code) B. Manager in Attendance: Every place of business that permits minors to play billiards, pool, pinball machines or mechanical amusement devices shall have in attendance, as a manager or operator of such place of business, a responsible person of good moral character, who is the age of twenty one (21 ) years or more. (Ord . 1979-20, 11 - 15-79) 3413-9 : MANUFACTURERS OR DISTRIBUTORS : No manufacturer or distributor or any other person shall sell, lease, supply or deliver any billiard table or pool table, pinball machine or amusement device to any premises within the City unless the owner or lessee thereof shall first obtain and display to the manufacturer or distributor a current, valid City license for such table or machine or mechanical amusement device. (Ord . 1978-4, 4-27-78) 348-10 : REVOCATION OR SUSPENSION OF LICENSE: A. The Mayor may revoke or suspend any license issued by the City Council if the Mayor determines the licensee has violated any of the provisions of this Article or is convicted of a felony or any crime or misdemeanor involving moral turpitude. However, no such license shall be sold , revoked or suspended except after a public hearing by the Mayor with a three (3) day written notice to the licensee affording the licensee an opportunity to appear and defend . All such hearings shall be open to the public and the Mayor shall reduce all evidence to writing and shall maintain an official record of the proceedings. If the Mayor has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community, he may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, order the licensed premises closed for not more than seven (7) days; except, that if such licensee shall also be engaged in the conduct of another business or businesses on a licensed premises, such order shall not be applicable to such other business or businesses. B . All orders of suspension or revocation by the Mayor and following hearing shall , within forty eight (48) hours from the date of entry of such order, be served upon the licensee. All orders of the Mayor regarding suspension or revocation of a license shall be appealable to the Circuit Court or such other court as provided by law. (Ord . 1978-4, 4-27-78; 1994 Code) 3-4E-11 : PENALTY: Any person guilty of a violation of this Article in operating , maintaining or conducting a billiard table, pool table, pinball machine or amusement device open to the public, without first having obtained a license therefor as provided herein, shall be guilty of a Class A misdemeanor, and shall upon conviction, be subject to penalty as provided in Section 1 -4-1 of this Code. (Ord , 1979-2, 1 -11 -79; 1994 Code) Ja•��° /T b� United City of Yorkville Memo ��(l 800 Game Farm Road ssr 1836 Yorkville, Illinois 60560 ® Telephone: 630-553-4350 Fax: 630-553-7575 LE Department of wilding Safety And Zoning Date: August 14, 2007 To: Lisa Pickering, Deputy Clerk /l From: Gary R. Williams, Assistant Code Official U Subject: Legends Sports Bar & Grill Please be advised that the Legends Sports Bar & Grill located at 620 W. Veterans Pkwy, has been inspected and a Conditional Occupancy Certificate was issued on August 8, 2007. This Occupancy certifies that all building and zoning codes of the City of Yorkville have been met. Should you need any further information, please contact me. August 15, 2007 United City of Yorkville Attn: Lisa Pickering 800 Game Faun Road Yorkville, IL, 60560 RE: LEGEND'S SPORTS BAR & GRILL Dear Ms. Pickering: Legend's Sports Bar & Grill (facility #315) located at 620 W. Veterans Parkway, Yorkville, IL, was approved to open on July 3, 2007. They meet all current construction and equipment requirements. Routine inspections will be conducted twice a year to verify compliance with the Illinois Department of Public Health Food Service Sanitation Code & the Kendall County Food Establishment Sanitation Ordinance. If you have any questions regarding this matter, please contact me at (630) 553-8096. Sincerely, Todd Drefcinski, LEHP Sanitarian, Environmental Health