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HomeMy WebLinkAboutG79-98 r CITY OF ELGIN e- ORDINANCE NO. G79-98 AN ORDINANCE AMENDING CHAPTER 6.06 ENTITLED "ALCOHOLIC LIQUOR DEALERS" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, (CLASS R NIGHTCLUB) ADOPTED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 9TH DAY OF SEPTEMBER 1998 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 11th day of September 1998. 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 September 9, 1998, the Corporate Authorities of such municipality passed and approved Ordinance No. G79-98, entitled An Ordinance Amending Chapter 6.06 Entitled "Alcoholic Liquor Dealers" of the Elgin Municipal Code, 1976, as Amended, (Class R Nightclub), which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G79-98, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on September 11, 1998, and continuing for at 1' 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 September 11 , 1998. Municipal Clerk (SEAL) Ordinance No. G79-98 AN ORDINANCE AMENDING CHAPTER 6 . 06 ENTITLED "ALCOHOLIC LIQUOR DEALERS" OF THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED (Class R Nightclubs) 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 R liquor license providing for a class of liquor license for nightclubs; and WHEREAS, the City of Elgin is an Illinois municipal corporation and a home rule unit pursuant to the Constitutional 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 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 T to read as follows : "T. Class R. For the retail sale by a nightclub, on the premises specified, of alcoholic liquor for consumption on the premises only for establishments located in the CC-1 Center City Zoning District and east of the Fox River. A licensee holding a Class R license may sell or permit to be sold alcoholic liquors only on Fridays and Saturdays from 9 : 00 p.m. until 4 : 00 a.m. the following day and on one other day during the week from 8 : 00 p.m. until 2 : 00 a.m. the following day. Class R licensees shall notify the liquor commission in writing as to the specific weekday that sales will be conducted and shall not change such weekday without providing the liquor commission prior written notice. A special police detail with a minimum of one city police officer shall be required to be present at any Class R establishment between the hours of 1 : 00 a.m. and 4 : 00 a.m. on Saturdays and Sundays with such special police detail to be paid for by the license holder. In the event a nightclub seeking a Class R license is a private club with admission limited to members and their guests only the application and any license issued for such an establishment shall so provide and admission and the sale of alcohol at such an establishment shall be limited to members and their guests only. The license fee per year is $1, 300 . " Section 2 . That Section 6 . 06 . 050 of the Elgin Municipal Code, 1976, as amended, entitled "License-Number to be Issued" be and is hereby amended by adding a subparagraph D to read as follows : "D. The number of Class R licenses shall not exceed one ( 1) in number. " Section 3 . That Section 6 . 06 . 059 of the Elgin Municipal Code, 1976 , as amended, entitled "Special Event Permit" be and is hereby further amended by adding to the listing of licenses in the first paragraph thereof a reference to the Class R license. Section 4 . That Section 6 . 06 . 115 of the Elgin Municipal Code, 1976 , as amended, entitled "BASSET Training Requirements" be and is hereby further amended by amending subparagraph A thereof to read as follows : "A. For licenses effective on or after May 1, 1990, the original or renewal application for a Class A, AA, B, B-1, C, D, E, E-1 , F, G, J, K, N, 0, P and R license shall be accompanied with proof of completion of a state certified "Beverage Alcohol Sellers and Service Education and Training Program" (BASSET) for all persons who serve or sell alcoholic beverages pursuant to that license. " Section 5 . That Section 6 . 06 . 140 of the Elgin Municipal Code, as amended, entitled "Offenses by Licensee" be and is hereby further amended by amending subparagraph N thereof to read as follows : "N. Permit any person who has not attained the age of 21 years to remain on the premises of a Class A or R licensee. This subsection shall not apply to: 1 . Persons 18 years of age or older, when such person is on the premises pursuant to employment; or 2 . Persons accompanied by his or her parents, legal guardian or spouse; or 3 . Food service establishments, except in areas segregated and designated principally for the few sale or consumption of alcoholic liquor, or for bowling alleys, except when they are segregated and designated principally for the sale or consumption of alcoholic liquor, " Section 6 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 7 . That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. Kevin Kelly, Mayor Presented: September 9 , 1998 Passed: September 9 , 1998 Vote: Yeas 4 Nays 2 Recorded: September 10, 1998 Published: September 11 , 1998 Attest: Dolonna Mecum, City Clerk eft