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HomeMy WebLinkAboutG43-19 Ordinance No. G43-19 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED"ALCOHOLIC LIQUOR DEALERS" BY ADDING NEW PROVISIONS THERETO RELATING TO A DOWNTOWN FARMERS MARKET EVENT PERMIT WHEREAS,the city council of the City of Elgin has determined that it is desirable to create a downtown farmers market event permit to authorize the sale and consumption of alcoholic liquors during and in conjunction with the downtown farmers market events sponsored by the Downtown Neighborhood Association of Elgin; and WHEREAS, the City of Elgin is a home rule unit and as a home rule unit is authorized to exercise any power and to perform any function pertaining to its government affairs; and WHEREAS,the control and regulation of alcoholic liquors within the City of Elgin and the sale and consumption of alcoholic liquor in certain public areas during and in conjunction with the downtown farmers market events sponsored by the Downtown Neighborhood Association of Elgin pertains to the governmental affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled "Alcoholic Liquor Dealers"be and is hereby further amended by adding a new Section 6.06.059.2 thereto entitled "Downtown Farmers Market Event Permit"to read as follows: "6.06.059.2: DOWNTOWN FARMERS MARKET EVENT PERMIT: There is established an annual permit to allow the retail sale of alcoholic liquor lc: consumption at the downtown farmers market events sponsored by the Downtown Neighborhood Association of Elgin. 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 Elgin 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 of Elgin Local Liquor Control Commission for a licensed premises located within the area of the downtown farmers market event consisting of South Grove Avenue from DuPage Court to Spring Street and DuPage Court from South Grove Avenue to Spring Street. D. A downtown farmers market event permit 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 or on the portion of DuPage Court adjacent to the licensed premises 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 consisting of South Grove Avenue from DuPage Court to Spring Street and DuPage Court from South Grove Avenue to Spring Street. E. 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 Elgin, but in any event shall be limited to such downtown farmers market events sponsored by the Downtown Neighborhood Association of Elgin on Fridays in the months of June through October from 3:00 p.m. to 7:00 p.m. F. The permit holder licensee of a downtown farmers market event permit shall require identification and issue wristbands in connection with the sale 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. G. 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 sidewalk adjacent to the licensed premises or on the portion of DuPage Court adjacent to the licensed premises 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 hour before and no later than one 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 Elgin on Fridays 2 during the months of June through October from the hours of 2:00 p.m.to 8:00 p.m. 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. H. 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. I. 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 of Elgin 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. J. The annual fee for a downtown farmers market event permit shall be $25.00" Section 2. At Section 6.06.095 of the Elgin Municipal Code, 1976,as amended,entitled "Application; Meeting; Notice:" be and is hereby further amended by amending subparagraph G thereof to read as follows: "The Chairman of the Local Liquor Commission may, upon proper application showing conformance with all legal requirements,grant Class H,I and K-1 licenses and outside event, special event and downtown farmers market event permits without conducting a public hearing thereof.In the event the Chairman of the Local Liquor Commission declines to grant an application for a Class H,I or K-1 license or an outside event special event or downtown farmers market event permit, then such application shall be submitted to the Local Liquor Control Commission for a public hearing and consideration provided in this chapter." Section 3. That all ordinances or parts of ordinance in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. dt— Jam: David J. Kapt-.'Ma .r 3 Presented: August 14, 2019 Passed: August 14, 2019 Vote: Yeas: 7 Nays: 2 '"` t?,` ; _ Recorded: August 14, 2019 «.,., -�, ,,� Published: August 16, 2019 .r r'1 * F /1 Attest: x- -, • .r Kimberly Dewis, Cit -rk ' 4