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HomeMy WebLinkAboutG23-00 CITY OF ELGIN ORDINANCE NO. G23-00 AN ORDINANCE AMENDING TITLE 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" ADOPTED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 10TH DAY OF MAY 2000 I 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 May 2000. I r 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 May 10, 2000, the Corporate Authorities of such municipality passed and approved Ordinance No. G23-00 entitled "An Ordinance Amending Title 6.06 of the Elgin Municipal Code, 1976, as Amended, Entitled Alcoholic Liquor Dealers," which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G23-00, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the r" municipal building commencing on May 11, 2000, 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 May 11, 2000. 6;4--e--t-A Municipal Clerk (SEAL) v . Ordinance No . G23-00 AN ORDINANCE AMENDING CHAPTER 6 . 06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Section 6 . 06 . 090 of the Elgin Municipal Code, 1976, as amended, entitled "License--Issuance Limitations" be and is hereby further amended by amending the introductory phrase thereof and Subparagraphs B and H and adding a Subparagraph J thereof to read as follows : "No license shall be issued or renewed in the following instances : . . . " B. No license shall be granted to any person or for any premises not qualified for such license under the laws of the state or any ordinance of the city. No license shall be granted to a partnership if any partner thereof owning more than five percent (5%) interest in such partnership would not be eligible to receive a license under the laws of the state or any ordinance of the city other than residence within the city. No license shall be granted to any corporation, if any officer, manager emk or director thereof, or any stockholder or stockholders owing in aggregate more than five percent (5%) of the stock of such corporation, would not be qualified for such license under the laws of the state or any ordinance of the city other than residence within the city. " "H. No license shall be issued for the sale at retail of any alcoholic liquor within one hundred feet of any church, school other than an institution of higher learning, hospital , home for aged or indigent persons or for veterans, or any military or naval station. This prohibition shall apply only to an initial license at a premises and shall not apply to the renewal of a license or to a subsequently issued new license for the sale at retail of alcoholic liquor on premises within one hundred feet of any church or school where such church or school has been established within such one hundred feet since the issuance of the original license . In the case of a church, the distance of one hundred feet shall be measured to the nearest part of any building used for worship services or educational programs and not to property boundaries . In all other cases, the /�► distance of one hundred feet shall be measured from lot line to lot line . Nothing in this section shall prohibit issuance of a retail license authorizing the sale of alcoholic beverages to regularly organized clubs or a restaurant or hotel having not fewer than one hundred fifty guest room accommodations notwithstanding the proximity of such hotel or restaurant to any church, if the licensed premises described on the license are located within an enclosed mall or building of a height of at least six stories and if the sale of alcoholic liquors is not the principal business carried on by such license . Nothing in this section shall prohibit the issuance of a license to a church or private school to sell at retail alcoholic liquor if any such sales are limited to periods when groups are assembled on the premises solely for the promotion of some common object other than the sale or consumption of alcoholic liquors . " "J. No license shall be granted to any person who is indebted to the city for payment of any fees, charges, bills or taxes which he is obligated to pay but have remained unpaid for more than forty-five (45) days . " Section 2 . That Section 6 . 06 . 120 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding a Subparagraph C5 thereof to read as follows : "5 . Indebtedness to the city for payment of any fees, charges, bills, or taxes which the licensee is obligated to pay but have remain unpaid for more than forty-five (45) days . For the purposes of this subsection, licensee shall , in addition to the named licensee, include any partner owning more than five percent (5%) interest in a partnership which is a licensee and any officer, manager or director or any stockholder or stockholders owning an aggregate more than five percent (5%) of the stock of a corporation which is a licensee . " Section 3 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4 . That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. Ed Schock, Mayor Presented: May 10, 2000 Passed: May 10, 2000 Vote : Yeas 5 Nays 0 Recorded: May 11, 2000 eft. Published: May 11, 2000 Attest : Dolonna Mecum, City Clerk