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HomeMy WebLinkAboutG21-01 CITY OF ELGIN ORDINANCE NO. G21-01 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS PASSED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 11TH DAY OF APRIL 2001 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 13th day of April 2001. 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 April 11, 2001, the Corporate Authorities of such municipality passed and approved Ordinance No. G21-01, which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G21-01, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building commencing on April 13, 2001, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon ?O"` request in the office of the municipal clerk. DATED at Elgin, Illinois, on April 13, 2001. Municipal Clerk (SEAL) I'�` Ordinance No. G21-01 AN ORDINANCE AMENDING CHAPTER 6 . 06 OF THE ELGIN MUNICIPAL CODE, 1976 AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" (Offenses by Licensee and Preservation of Peace) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Section 6 . 06 . 140 of the Elgin Municipal Code, 1976, as amended, entitled "Offenses By Licensee, " be and is hereby amended to add the following subsections : "R. To permit any person to loiter or possess open alcohol in an area of the licensed premises where patrons are authorized to park vehicles and within any means of ingress and egress to a parking facility located on the licensed premises . For the purposes of this section, the term "licensed premises" shall include the lot, plot or parcel of land upon which said alcoholic liquors are sold. " Section 2 . That Chapter 6 . 06 of the Elgin Municipal Code, 1976, as amended, entitled "Alcoholic Liquor Dealers" be and is hereby amended to add Section 6 . 06 . 145, entitled "Preservation of Peace on Premises Selling Alcoholic Beverages, " to read as follows : 6 . 06 . 145 PRESERVATION OF PEACE ON PREMISES LICENSED FOR THE RETAIL SALE OF ALCOHOLIC LIQUOR A. It shall be the duty and responsibility of each licensee, and the licensee' s employees or agents, to maintain the licensed premises in a peaceable and orderly manner so not to allow any patron, employee or member of the public on the licensed premises to commit any criminal act or any act which act is done in an unreasonable manner so as to alarm or disturb another and to provoke a breach of the peace . B. Each licensee shall have sufficient employees or agents on the licensed premises to maintain the peace . Any employee, agent , or person acting on behalf of the licensee shall be suitably trained to maintain the peace of the licensed premises, and may not act in any fashion so as to promote or aggravate situations which may result in physical altercations , fighting or other acts of an unreasonable manner so as to alarm or disturb another and provoke a breach of the peace . „,�► C. No licensee, employee or agent of the licensee shall knowingly permit any fighting on the licensed premises . For the purposes of this section, fighting shall consist of physical contact of an insulting or provoking nature or causing physical harm to an individual . D. "Licensed premises, ” as defined for purposes of this section, shall mean the actual physical space or location where alcoholic beverages are stored, displayed, offered for sale or where drinks containing alcoholic beverages are mixed, concocted and served for consumption. Included is the lot , plot or parcel of land owned or otherwise controlled by the licensee; any area set aside for use by the general public including rest rooms and lounges; any area used by agents or employees of the licensee for preparation of services including kitchen or storage facilities; any outdoor area wherein the public is served or awaiting service; any parking area or facility owned or otherwise controlled by the licensee . E. "Criminal activity, " as defined for purposes of this section, shall mean any conduct constituting a criminal offense under federal, state or local law. F. Each licensee or employee or agent of the licensee who is present or observes any type of criminal activity or fighting on the licensed premises shall immediately notify the city' s police department when the licensed premises does not provide a special police detail consisting of at least one city police officer during all hours of operation. The police department shall inform the local liquor control commission of any conduct of patrons or other persons on any licensed premises which results in fighting or tends to breach the peace or constitutes criminal activity. G. Failure to report any incident as required under subsection F of this section shall subject the licensee to the revocation or suspension of the retail alcoholic liquor dealer ' s license, as well as a possible fine from the local liquor control commission. In the event that more than ten incidents of disorderly conduct, fighting or other criminal activity occur on any licensed premises within the course of any twelve month period, such a licensed premises shall constitute a public nuisance and shall constitute cause for the revocation or suspension of the retail liquor dealer' s license, the imposition of a fine, or both pursuant to Section 6 . 06 . 120A of this chapter. H. The local liquor control commission shall have the right and the authority to revoke or suspend the retail liquor dealer ' s license as well as fine or take any other legal steps necessary to prevent the recurrence of a public nuisance as defined in this section. " Section 3 . That Section 6 . 06 . 150 of the Elgin Municipal Code, 1976, as amended, entitled "Offenses By Other Than Licensee, " be and is hereby amended to read as follows : "I . It is unlawful for any person to loiter or possess open alcohol in an area of any premises licensed under the provisions of this Chapter where patrons are authorized to park vehicles and within any means of ingress and egress to a parking facility located the licensed premises . For the purposes of this section, the word "premises" shall include the lot, plot or parcel of land upon which said alcoholic liquors are sold. " Section 4 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section S . 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: April 11, 2001 Passed: April 11, 2001 Omnibus Vote : Yeas 7 Nays 0 Recorded: April 12 , 2001 Published: April 13 , 2001 Attest : . .k4x,� A-e�� Dolonna Mecum, City Clerk