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HomeMy WebLinkAboutG58-95 e CITY OF ELGIN ORDINANCE NO. G58-95 AN ORDINANCE AMENDING CHAPTER 6 . 06 ENTITLED "ALCOHOLIC LIQUOR DEALERS" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ADDING A CLASS Q LICENSE, AMENDING THE PROVISIONS FOR AN EXTERIOR SALES PERMIT AND ADDING AN EXTENDED HOURS PERMIT emk ADOPTED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 9TH DAY OF AUGUST, 1995 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 10th day of August, 1995 . STATE OF ILLINOIS } ss . COUNTY OF KANE CERTIFICATE I , Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois . I further certify that on August 9, 1995, the Corporate Authorities of such municipality passed and approved Ordinance No. G58-95, entitled An Ordinance Amending Chapter 6 . 06 Entitled "Alcoholic Liquor Dealers" of the Elgin Municipal Code, 1976, as Amended, Adding a Class Q License, Amending the Provisions for an Exterior Sales Permit and Adding an Extended Hours Permit which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G58-95, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on August 10, 1995, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on August 10, 1995 . Municipal Clerk (SEAL) e"` Ordinance No. G58-95 AN ORDINANCE AMENDING CHAPTER 6 . 06 ENTITLED "ALCOHOLIC LIQUOR DEALERS" OF THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED, ADDING A CLASS Q LICENSE, AMENDING THE PROVISIONS FOR AN EXTERIOR SALES PERMIT AND ADDING AN EXTENDED HOURS PERMIT WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to amend Chapter 6 . 06 of the Elgin Municipal Code to provide for a Class Q liquor license to allow for sales related to the operations of microbreweries, to amend the regulations relating to exterior sales permits and to add provisions to provide for an extended hours permit; and WHEREAS, the City of Elgin is an Illinois municipal corporation and a home rule unit pursuant to the Constitution and the laws of the State of Illinois; and WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the regulation of the sale of alcoholic liquor oew is a matter pertaining to the government and affairs of the City of Elgin. 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, 1976 , as amended, entitled "License-Classes-Fees" be and is hereby further amended by adding a subparagraph R to read as follows : "R. Class Q. For the retail sale by microbreweries on the premises specified, of alcoholic liquors primarily for consumption on the premises as well as other incidental retail sales and wholesale sales of beer brewed on the premises and in original package for consumption off premises expressly provided, however, that such licenses shall be issued only to microbreweries having restaurants as defined in the Illinois liquor control law with such restaurants having a regular capacity, in accordance with existing city and state public health and fire prevention ordinances and statutes, to serve meals to not less than 325 persons at any one time $2500 . 00" Section 2 . That Section 6 . 06 . 055 of the Elgin Municipal Code, 1976, as amended, entitled "Exterior Sales Permit" be and is hereby further amended to read as follows : 6 . 06 . 055 Exterior Sales Permit. "There is 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 principal establishment for which there is a then currently issued and valid Class A, AA, C, D, E, J, L or Q license. No alcoholic liquor may be sold, served or consumed in any exterior sales area without first obtaining permit as provided herein. A. No exterior sales permit shall be issued to any licensee whose establishment is located one hundred 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 one hundred feet or closer to a residential zone, for which an exterior sales area has 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. B. Qualified applicants for exterior sales permits shall pay an annual fee of $500 . 00 . Provided no fee shall be required for permits issued for exterior sale areas which are engaged in the regular service of food with alcoholic liquor and which have a total seating capacity of not more than twenty 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, or for sales in conjunction with a valid Class L license. C. Exterior sales permit issued to any licensee for an establishment located within the CC1 Center City zoning district and east of the Fox River may include an exterior sales area on an adjacent public sidewalk on property in the front of such an establishment notwithstanding the prohibitions regarding the possession and consumption of alcoholic liquors on public property as provided by Sections 6 . 06 . 150B and 13 .25 . 050C or other provisions of this code, further provided however, that any such exterior sales area to be located on any adjacent public sidewalk on property must include the regular service of food with any alcoholic liquor, must not unreasonably obstruct the sidewalk, and must limit hours of operations to no later than 12 : 00 AM. " Section 3 . That Chapter 6 . 06 of the Elgin Municipal Code, 1976, as amended, entitled "Alcoholic Liquor Dealers" be and is hereby further amended by adding Section 6 . 06 . 056 entitled "Extended Hours Permit" to read as follows : 6 . 06 . 056 Extended Hours Permit. "There is established an extended hours permit to allow the retail sale of alcoholic liquor for consumption on the specified premises only until 4 : 00 AM on Saturdays and Sundays . The sale of alcoholic liquor may be resumed on any such premises on Saturdays and Sundays during the permitted hours of operation as set forth in Section 6 . 06 . 117 of this code. The issuance of an extended hours permit shall only be granted upon submittal of an application to the local liquor control commission for an establishment located in the CC1 Center City zoning district and east of the Fox River for which there is a then current issued and valid Class A, AA, D, E, J, or Q license. Qualified applicants for extended hours permits shall pay an annual fee of $500 . Any extended hours permit issued by the local liquor control commission pursuant to this section shall also be limited to and subject to the following: 1 . Such extended hours permit shall only be issued to establishments which include a restaurant as defined in the Illinois liquor control law having a regular capacity in accordance with existing city and state public health and fire prevention ordinances and statutes, to serve meals to not less than 325 persons at any one time. 2 . The establishment must maintain regular food service during the extended hours of operation. 3 . A special police detail with a minimum of one city police officer shall be required to be present at the establishment between the hours of 1 : 00 AM and 4 : 00 AM with such special police detail to be paid for by the license holder. " Section 4 . That Section 6 . 06 . 117 of the Elgin Municipal Code, 1976, as amended, entitled "Service Hours" be and is hereby further amended to read as follows : 6 . 06 . 117 Service Hours . "A. A licensee holding a Class A, AA, C, D, E, F, G, J, K, M, N, or Q license may sell or permit to be sold for consumption only on the licensed premises alcoholic liquors only between the following hours : Day(s) Time Monday through Thursday. . 6 : 00 a.m. until 1 : 00 a.m. the following day Friday and Saturday 6 . 00 a.m. until 2 : 00 a.m. the following day Sunday 9 . 00 a.m. until 1 : 00 am. the following day New Year' s Eve 3 . 00 a.m. the following day B. A licensee holding a Class AA, B, P or Q license may sell or permit to be sold packaged alcoholic liquors not for consumption on the premises only between the following hours : Day(s) Time Monday through Thursday. . 6 : 00 a.m. until 1 : 00 a.m. the following day Friday and Saturday 6 . 00 a.m. until 2 : 00 a.m. the following day Sunday 12 : 00 noon until 1 : 00 am. the following day New Year' s Eve 3 . 00 a.m. the following day C. Hours of sales may be expanded by the local liquor control commission for three hours as provided by Section 6 . 06 . 140(B) . " Section 5 . That Section 6 . 06 . 140 of the Elgin Municipal Code, 1976, as amended, entitled "Offenses by Licensee" be and is hereby further amended by amending subparagraph R thereof to read as follows : "R. Permit any person to a Class A, AA, B, C, D, E, F, J, L, M, N, P or Q licensed establishment to serve or sell alcoholic beverages unless that person has completed the BASSET training programs as required in Section 6 . 06 . 115 . " Section 6 . That Section 6 . 06 . 160 of the Elgin Municipal ' Code, 1976 , as amended, entitled "Appeals-Procedure" be and is hereby further amended to read as follows : 6 . 06 . 160 Appeals-Procedure. "Appeals from orders or action of the local liquor control commission may be taken to the state commission as provided by law. The local liquor control commission shall have the power to make all necessary rules and regulations governing hearings and shall cause to be provided forms for applications, bonds, complaints, and such other proceedings as may properly come before the local liquor control commission. Any appeal of any action of denial of an application, denial of renewal of an application, suspension or revocation of a retail alcoholic liquor dealer' s license by the local liquor control commission shall be limited to a review of the record of the proceedings . A record of the proceedings of any such hearing by the local liquor control commission shall be taken and prepared by a certified court reporter in accordance with the statute made and provided. The fees and costs of a court reporter shall be included as part of the fees for any application for a retail elh alcoholic liquor dealer' s license. " Section 7 . That the provisions of Section 3 of this ordinance providing for an extended hours permit under the new Section 6 . 06 . 056 shall without further City Council action automatically expire one year from the passage of this ordinance. It is hereby declared to be the legislative intent of the City Council that the adoption of ordinance provisions for an extended hours permit is being done on an experimental basis only and that no licensee who is granted an extended hours permit shall have any property interest, vested right or other continuing projectable interest in the continuation of an extended hours permit. The City Manager is directed to submit a report to the City Council prior the automatic expiration of Section 6 . 06 . 056 and therein shall advise the City Council as to the city' s experience with an extended hours permit and whether an ordinance providing for the continuation of an extended hours permit should be adopted. Section 8 . That all ordinances or parts of ordinance in conflict with the provisions of this ordinance be and are hereby repealed. Section 9 . That this ordinance shall be in full force and effect ten days after its passage and publication in the manner provided by law. tek Kevin Kelly, Mayo-f Presented: August 9 , 1995 Passed: August 9 , 1995 Vote: Yeas 4 Nays 3 Recorded: August 10, 1995 Published: August 10, 1995 Attest: "vt4A- Dolonna Mecum, City Clerk r I