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HomeMy WebLinkAboutG1-98 Revised Ordinance No. G1-98 Revised AN ORDINANCE AMENDING CHAPTER 6 . 06 ENTITLED "ALCOHOLIC LIQUOR DEALERS" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That Section 6 . 06 . 059 of the Elgin Municipal Code, 1976 , as amended, entitled "Special Event Permit" be and is hereby added to read as follows : "6 . 06 . 059 SPECIAL EVENT PERMIT. There is established a special event permit to allow the retail sale of alcoholic liquor for consumption at a special event off the site of a licensed premises for such events as private parties , picnics or other special or theme event. Special event permits shall be issued only to licensees with a currently issued and valid Class A, AA, D, E, E-1, F, K, N, 0 or P license. Except as otherwise expressed authorized in this chapter, no alcoholic liquor may be sold, served or consumed at any special event without first obtaining a permit as provided herein. The fee for a special event permit is $25 . 00 . Any special event permit shall also be subject to the following: A. Applications for a special event permit shall be executed both by the liquor license holder and the owner of the property at which the special event is proposed to be conducted. B. No special event permit shall be issued for any event proposed to be located 100 feet or closer to any residential zone as measured from the boundary line of such residential zone to the area of the proposed special event. C. No special event permit shall be issued for more than three ( 3) consecutive days . No more than five (5) special event permits shall be issued to any licensee during any one calendar year. D. The hours of a special event shall last no later than 12 : 00 a.m. E. Proof of dramshop insurance verifying ,�*� coverage for the special event shall be provided by I the licensee prior to the issuance of a special event permit. Amor F. Special events are intended to consist of private gatherings only and no members of the general public shall be allowed to consume alcohol being served in conjunction with the special event. " Section 2 . That Section 6 . 06 . 060 of the Elgin Municipal Code, 1976, as amended, entitled "License Application--Filing-- Processing Fee" be and is hereby further amended to read as follows : "6 . 06 . 060 LICENSE APPLICATION--FILING--PROCESSING FEE . Applications shall be directed to and filed with the local liquor control commission. In addition to all other fees imposed the applicant shall also pay a nonrefundable $25 . 00 at the time of filing to cover the cost of processing the application. Prior to the issuance of any license the applicant shall pay to the city clerk the full amount of the annual license fee required to be paid for the kind of license applied for. Prior to issuance of a new Class B license, the applicant shall deposit the sum of $10, 000 with the city clerk to be placed in the general fund of the city. Prior to issuance of a new Class B-1 license, the applicant shall deposit the sum of $5,000 with the city clerk to be placed in the general fund of the city. It shall further be the duty of any licensee under this chapter before the issuance of any license to a new licensee to submit to the commission a bulk sales affidavit or affidavits in compliance with the bulk sales provisions of the Uniform Commercial Code of Illinois or such other applicable statutes governing bulk sales within the state so that the exact amount of indebtedness of the party selling the business is known and such issuance shall not be executed until the commissioner is satisfied that adequate provisions are made for the payment of all obligations relating to the business or license of the seller. Any license issued to a vendee under the provisions of this section shall not be eligible to be surrendered to be issued to another purchaser of the business . Any bond or policy of liability insurance submitted to the local liquor control commission pursuant to the requirements of this section shall be for the entire term of the license period and it shall be a condition of any license issued by the local liquor control commission that the bond or policy of liability insurance shall be in full force toft and effect throughout the license period as a condition of doing business pursuant to such license. " Section 3 . That 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 : "G. The chairman of the local liquor commission may, upon proper application showing conformance with all legal requirements, grant Class H and I licenses and outside event and special 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 or I license or an outside event or special 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 4 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 5 . That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. /, 76-7�Z '���' Kevin Kelly, Mayor Presented: January 14, 1998 Passed: January 14 , 1998 Vote: Yeas 5 Nays 0 Recorded: January 15, 1998 Published: Attest: Do1onna Mecum, City Clerk Ordinance No. G1-98 Revised AN ORDINANCE AMENDING CHAPTER 6 . 06 ENTITLED "ALCOHOLIC LIQUOR DEALERS" OF THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Section 6 . 06 . 059 of the Elgin Municipal Code, 1976 , as amended, entitled "Special Event Permit" be and is hereby added to read as follows : "6 . 06 . 059 SPECIAL EVENT PERMIT. There is established a special event permit to allow the retail sale of alcoholic liquor for consumption at a special event off the site of a licensed premises for such events as private parties, picnics or other special or theme event. Special event permits shall be issued only to licensees with a currently issued and valid Class A, AA, D, E, E-1, F, K, N, 0 or P license. Except as otherwise expressed authorized in this chapter, no alcoholic liquor may be sold, served or consumed at any special event without first obtaining a permit as provided herein. The fee for a special event permit is $25 . 00 . Any special event permit shall also be subject to the following: A. Applications for a special event permit shall be executed both by the liquor license holder and the owner of the property at which the special event is proposed to be conducted. B. No special event permit shall be issued for any event proposed to be located 100 feet or closer to any residential zone as measured from the boundary line of such residential zone to the area of the proposed special event. C. No special event permit shall be issued for more than three ( 3) consecutive days . No more than five (5) special event permits shall be issued to any licensee during any one calendar year. D. The hours of a special event shall last no later than 12 : 00 a.m. E. Proof of dramshop insurance verifying coverage for the special event shall be provided by the licensee prior to the issuance of a special event permit. F. Special events are intended to consist of private gatherings only and no members of the general public shall be allowed to consume alcohol being served in conjunction with the special event. " Section 2 . That Section 6 .06 . 060 of the Elgin Municipal Code, 1976 , as amended, entitled "License Application--Filing-- Processing Fee" be and is hereby further amended to read as follows : "6 . 06 . 060 LICENSE APPLICATION--FILING--PROCESSING FEE . Applications shall be directed to and filed with the local liquor control commission. In addition to all other fees imposed the applicant shall also pay a nonrefundable $25 . 00 at the time of filing to cover the cost of processing the application. Prior to the issuance of any license the applicant shall pay to the city clerk the full amount of the annual license fee required to be paid for the kind of license applied for. Prior to issuance of a new Class B license, the applicant shall deposit the sum of $10, 000 with the city clerk to be placed in the general fund of the city. Prior to issuance of a new Class B-1 license, /1,4 the applicant shall deposit the sum of $5, 000 with the city clerk to be placed in the general fund of the city. It shall further be the duty of any licensee under this chapter before the issuance of any license to a new licensee to submit to the commission a bulk sales affidavit or affidavits in compliance with the bulk sales provisions of the Uniform Commercial Code of Illinois or such other applicable statutes governing bulk sales within the state so that the exact amount of indebtedness of the party selling the business is known and such issuance shall not be executed until the commissioner is satisfied that adequate provisions are made for the payment of all obligations relating to the business or license of the seller. Any license issued to a vendee under the provisions of this section shall not be eligible to be surrendered to be issued to another purchaser of the business . Any bond or policy of liability insurance submitted to the local liquor control commission pursuant to the requirements of this section shall be for the entire term of the license period and it shall be a condition of any license issued by the local liquor control commission that the bond or policy of liability insurance shall be in full force and effect throughout the license period as a condition of doing business pursuant to such license. " Section 3 . That 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 : "G. The chairman of the local liquor commission may, upon proper application showing conformance with all legal requirements, grant Class H and I licenses and outside event and special 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 or I license or an outside event or special 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 4 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 5 . That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ Kevin Kelly Kevin Kelly, Mayor Presented: January 14 , 1998 Passed: January 14 , 1998 Omnibus Vote: Yeas 5 Nays 0 Recorded: January 15, 1998 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk