Loading...
HomeMy WebLinkAboutG14-86 Ordinance No. G 14-86 AN ORDINANCE AMENDING SECTION 6.06.055 OF THE ELGIN MUNICIPAL CODE, 1976, REGARDING ADDITIONAL PERMITS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 6.06.055 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: "6.06.055 Additional Permits A. There is hereby established an extended hours permit to allow the retail sale of alcoholic liquor for consumption on premises until 4:00 A.M. every day. Provided, no extended hours permit shall be issued except to persons holding a valid Class A, AA, C, D or E license and whose establish- ment includes a restaurant or dining room having a regular dining capacity, in accordance with existing city and state public health and fire prevention ordinances and statutes, to serve meals to not less than 150 persons at any one time. 1. No extended hours permit shall be issued to any licensee whose establishment is located 100 feet or closer to any residential zone as measured from the boundary line of such residential zone to the building in which licensee's establishment is located. Provided further, the foregoing limitation on the issuance of extended hours permits shall not apply to otherwise qualified establishments located 100 feet or closer to a residen- tial zone, for which an extended hours permit had been issued prior to November II, 1985. Such otherwise qualified establishments shall be permitted to continue sales in conformance with its extended hour permit and may renew such extended hours permit, until such sales are abandoned or discontinued or until such permit expires and is not timely renewed whichever occurs first. 2. Extended hours permits shall not apply to any exterior sales area as defined in Section 6.06.055(B). 3. Qualified applicants for an extended hours permit shall pay an annual fee equal to the difference between two thousand five hundred dollars and the license fee paid by such applicant pursuant to Section 6.06.040 of this chapter for their then current liquor license. B. There is hereby established an exterior sales permit to allow the retail sale of alcoholic liquor for consumption on and within any beer garden, patio area or any similar outside or unroofed or unenclosed areas (hereafter referred to as exterior sales areas) adjoining and utilized in conjunction with a principal establishment for which there is a then cur- rently issued and valid Class A, AA, C, D, E or J license. No alcoholic liquor may be sold, served or consumed in any exterior sales area without first obtaining a permit as provided herein. I. No exterior sales permit shall be issued to any licensee whose establishment is located 100 feet or closer to any residential zone as measured from the boundary line of such residential zone to the exterior sales area. Provided further, the foregoing limitation on the issuance of exterior sales permits shall not apply to otherwise qualified establishments located 100 feet or closer to a residential zone, for which an exterior sales area had been established prior to March 10, 1986. Such otherwise qualified establishments shall be permitted to apply for, obtain and renew an exterior sales permit and to continue sales in the previously established exterior sales area until such sales are abandoned, discontinued or the exterior sales area is relocated or until the exterior sales permit expires and is not renewed, whichever occurs first. Provided, the foregoing notwithstanding, all exterior sales area shall be in conformance with the foregoing distance limitation no later than March 10, 2001 and no exterior sales permit shall be issued or effective after such date for any exterior sales area not in conformance with such distance limitation. 2. No alcoholic liquor may be sold, served or consumed in any exterior sales area after 12:00 AM Monday through Friday and 2:00 AM on Saturday and Sunday. 3. Qualified applicants for exterior sales permits shall pay an annual fee of five hundred dollars. Provided no fee shall be required for permits issued for exterior sales areas which are engaged in the regular service of food with alcoholic liquor and which have a total seating capacity of not more than 20 and which are not covered by a roof or enclosed by a fence or wall exceeding four feet or contained within or under a tent. C. Fees and applications required pursuant to this section shall be considered license fees and applications for the purpose of Section 6.06.080 of this chapter." Section 2. That all ordinances or parts of ordinance in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. Presented: February 24, 1986 Passed: March 10, 1986 s/ Richard L. Verbic Vote: Yeas 5 Nays 0 Richard L. Verbic, Mayor Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk