Legislation Details

File #: ORD 22-83    Name:
Type: Ordinance Status: Passed
In control: President and Board of Trustees
On agenda: 11/7/2022 Final action: 11/7/2022
Title: An Ordinance Amending Chapter 8 ("Business Licensing"), Article 1 ("General Provisions") of the Oak Park Village Code by Adding a New Section 8-1-16 ("Hours of Operation for Retail Goods Establishments and Service Stations")
Attachments: 1. Ordinance, 2. OSHA Report, 3. July 29, 2022 Memo, 4. November 1, 2022 Memo

Submitted By                     

Paul L. Stephanides, Village Attorney and Shatonya L. Johnson, Police Chief                     

 

Reviewed By

A.M. Zayyad

 

Agenda Item Title

Title

An Ordinance Amending Chapter 8 (“Business Licensing”), Article 1 (“General Provisions”) of the Oak Park Village Code by Adding a New Section 8-1-16 (“Hours of Operation for Retail Goods Establishments and Service Stations”)

 

End

Overview

Overview

A public hearing was held on Ordinance 22-65, “An Ordinance Amending Chapter 8 (“Business Licensing”), Article 20 (“Service Stations”) of the Oak Park Village Code to Add a New Section 8-20-7 (“ Hours of Operation”),” by the Village Board on October 25, 2022.  As a result of the public hearing, the Board directed staff to draft an ordinance for the Board’s consideration at the November 7, 2022, regular meeting to include retail goods establishments as being subject to the hours restrictions that are currently in place for service stations as a result of Ordinance 22-65.

 

End

Recommendation

Recommendation

Adopt the Ordinance.

 

Fiscal Impact

N/A                     

 

Background

The Village Board held a public hearing on October 25, 2022, regarding Ordinance 22-65.  All interested parties and stakeholders were invited to the October 25th public hearing and were provided an opportunity to be heard to assist the Board in determining whether Ordinance 22-65 should be amended.  As a result of the public hearing, the Board directed staff to draft an amended ordinance for the Board’s consideration at the November 7, 2022 regular meeting to include retail goods establishments as being subject to the hours restrictions currently in place for service stations pursuant to Ordinance 22-65.  

 

Retail goods establishments, as defined in Section 2.3 of the Village’s Zoning Ordinance, are included in the ordinance as being subject to the hours’ restrictions currently in place for service stations.  Those restrictions would make it unlawful for a retail goods establishment to open earlier than five o’clock (5:00) A.M. and to close no later than twelve o’clock (12:00) A.M.  The owners and operators of the Village’s two (2) 24-hour retail goods establishments in the Village, a 7-Eleven located at 661 South Boulevard and a 7-Eleven located at 240 Chicago Avenue, spoke at the October 25, 2022, public hearing and requested that their businesses be included as part of the hours of operations’ restrictions applicable to service stations.

 

A memorandum is attached from Acting Police Chief David Jacobson dated November 1, 2022, which provides a summary of violent criminal offenses that have occurred at 24-hour retail goods establishments from January 1, 2019 through July 29, 2022.  A similar memorandum dated July 29, 2022, from Police Chief Shatonya Johnson was provided regarding violent criminal offenses that occurred at service stations and that memorandum is also attached.  This information supports the Village Board’s request for an ordinance that restricts the late-night hours of these businesses.  Finally, a report from the federal Occupational Safety and Health Administration (“OSHA”) titled “Recommendations for Workplace Violence Prevention Programs in Late-Night Retail Establishments” is also attached that was referenced during the public hearing by a public commenter and is also referenced in the ordinance.

 

Alternatives

The Board could seek additional information.

 

Previous Board Action

The Board adopted Ordinance 22-65 on September 19, 2022.

 

Citizen Advisory Commission Action

N/A

 

Anticipated Future Actions/Commitments

N/A

 

Intergovernmental Cooperation Opportunities

N/A