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Home My WebLink AboutG32-23 Ordinance No. G32-23 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE ENTITLED "ALCOHOLIC LIQUOR DEALERS" WHEREAS, the City's liquor code provided for in Chapter 6.06 of the Elgin Municipal Code provides for a downtown farmers' market event permit; and WHEREAS,due to the relocation of such downtown farmers'market event,and the desire to allow for the sale of locally produced wines for consumption off the premises limited to a private label brand or by the glass for consumption on the premises limited to the private label brand of the license holder, the City Council finds that it is necessary and desirable to further amend the City's liquor code; and WHEREAS,the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, alcoholic liquor regulations pertain to the government and affairs of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1: That Section 6.06.040 of the Elgin Municipal Code, entitled "License classes; fees."be and is hereby further amended by adding a new subparagraph T for a new Class Q liquor license to read as follows: "T. Class Q:For seasonal retail sales of wine either in the original package not for consumption on the premises or by the glass for consumption on the premises limited to the private label brand of the license holder only during special events sponsored by the City or by a not- for-profit corporation or association registered with the State,in the months of June through October. The annual license fee for a Class Q license shall be in the amount as provided in the most recently enacted ordinance establishing fees for various city services, permits, licenses, use of facilities and other matters." Section 2. That Section 6.06.040 of the Elgin Municipal Code, entitled "License classes; fees."be and is hereby further amended by re-lettering the remaining subparagraphs after the new subparagraph T provided for in Section 1 hereof. Section 3. That Section 6.06.059.2 of the Elgin Municipal Code, entitled"Downtown farmers'market event permit."be and is hereby further amended to read as follows: '66.06.059.2. - Downtown farmers' market event permit. There is established an annual permit to allow the retail sale of alcoholic liquor for consumption at the downtown farmers' market events sponsored by the downtown neighborhood association of the city. Downtown farmers' market events permits shall be subject to the following: A. Applications for a downtown farmers' market event permit shall be executed by the liquor license holder and submitted to the city clerk. B. A downtown farmers'market event permit shall be an annual permit and shall authorize for the calendar year in which it is issued alcoholic liquor sales during and in conjunction with downtown farmers' markets events sponsored by the downtown neighborhood association of the city and scheduled on Fridays. C. A downtown farmers' market event permit shall be issued only to licensees with a currently issued and valid liquor license issued by the city local liquor control commission for (1) a licensed premises located within the CC Center City Zoning District or CC2 Center City Zoning District,or(2)to a licensee with a currently issued and valid Class Q seasonal license issued by the City Local Liquor Control Commission. D. A downtown farmers' market event permit issued to a licensee with a currently issued and valid liquor license issued by the City Local Liquor Control Commission for a licensed premises located within the CC1 Center City Zoning District or the CC2 Center City Zoning District shall authorize the permit holder licensee to conduct alcoholic liquor sales from inside the licensed premises or on the public sidewalk adjacent to the licensed premises, if the licensed premises is located within the area of the downtown farmers' market event,or in a location within the area of the downtown farmers' market event, during the hours of the sponsored downtown farmers' market event. Consumption of the alcoholic liquors sold by such permit holder licensee is authorized both on the licensed premises and off premises on the public streets and sidewalks within the boundaries of the sponsored downtown farmers' market event as specified on the annual downtown city farmers'market outside event permit application and the permit for such event approved by the city. E. A downtown farmers'market event permit issued to a Class Q seasonal license holder shall authorize the permit holder to conduct alcoholic liquor sales in a location within the area of the downtown farmers' market event during the hours of the sponsored downtown farmer's market event is being conducted. Sales by the Class Q seasonal license holder shall be limited to sales of wine either in the original package not for consumption on the premises or by the glass for consumption on the premises limited to the private label brand of the license holder. F. The exterior sale of alcoholic liquor and the off-premises consumption of alcoholic liquor pursuant to a downtown farmers' market event permit shall be limited to the hours of the downtown farmers' market events sponsored by the downtown neighborhood association of the city, but in any event shall be limited to such 2 downtown farmers' market events sponsored by the downtown neighborhood association of the city. G. The permit holder licensee of a downtown farmers' market event permit shall require identification and issue wristbands in connection with the sale of alcoholic liquor and the off-premises consumption of alcoholic liquor to ensure that the sale and consumption of alcoholic liquor is limited to persons twenty-one (21)years of age and older. The permit holder licensee of a downtown farmers' market event permit shall also advise its customers purchasing alcoholic liquor at the downtown farmers' market event that the off-premises consumption of alcoholic liquor is limited to the public streets and sidewalks within the boundaries of the sponsored downtown farmers' market event. H. The permit holder licensee of a downtown farmers' market event permit shall be permitted to temporarily place tables, chairs and equipment associated with the sale of alcoholic liquors on the public streets and sidewalks within the boundaries of the sponsored downtown farmers' market event during the hours of the sponsored downtown farmers' market event. Set up and removal of such tables, chairs and equipment from public property shall occur no earlier than one (1) hour before and no later than one (1) hour after the scheduled hours of the sponsored downtown farmers' market event,but in any event such temporary setup of tables,chairs and equipment on public property shall be limited to such downtown farmers' market events sponsored by the downtown neighborhood association of the city. The temporary placement and use of such tables, chairs and equipment shall not damage any public property, shall not obstruct pedestrian traffic and shall not otherwise present a hazard to public health and safety. I. Proof of dramshop insurance verifying coverage for the downtown farmers' market event shall be provided by the licensee prior to the issuance of a downtown farmers' market event permit. J. The application for a downtown farmers' market event permit shall include an agreement by the licensee in a form approved by the corporation counsel whereby the permit holder licensee agrees to and shall indemnify and hold the city harmless for all claims and damages relating to the permit holder and licensee's participation in and sale of alcoholic liquors during and in conjunction with the sponsored downtown farmers' market event. K. The annual fee for a downtown farmers' market event permit shall be in the amount as provided in the most recently enacted ordinance establishing fees for various city services, permits, licenses, use of facilities and other matters." Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. 3 Section 5. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. David J. K*fain,41ayor Presented: August 23, 2023 Passed: August 23, 2023 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: August 23, 2023 Published: August 23, 2023 Att st: Kimberly Dewis, Ci rk 4