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Home My WebLink AboutG79-01 Ordinance No. G79-Ol 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 Chapter 6 . 06 of the Elgin Municipal Code, 1976, as amended, entitled "Alcoholic Liquor Dealers, " be and is hereby amended by amending Section 6 . 06 . 040, entitled, "License Classes; Fees, " to add the following new subsection to read as follows : "V. Class T: For the incidental retail sale of beer, wine and liqueurs for consumption on the premises where sold and for the incidental retail sale of beer, wine and liqueurs in the original package not for consumption on the premises where sold. For the purposes of this section, "liqueur" shall mean any of the various strong sweet alcoholic spirits flavored with aromatic substances usually drunk after a meal . The retail sale and rft. consumption on the premises of alcoholic liquor commonly known as "hard liquor, " including but not limited to gin, rum, tequila, vodka and whiskey, is expressly prohibited under the Class T liquor license . In addition to any other restrictions and conditions set forth in this Title, Class T liquor licenses shall be subject to the following restrictions and conditions : 1 . The primary business of the licensee shall be the sale of gourmet food products for consumption on or off the premises where sold. For the purposes of this Section, "gourmet food products" shall mean high-quality food that is sophisticated, expensive, rare or meticulously prepared, including coffee and tea products . 2 . The sale of alcoholic liquor authorized to be sold by the Class T liquor license shall be incidental to the sale of gourmet food products . a. The test to determine whether the sale of alcoholic liquor is incidental to the primary business of selling gourmet food products shall be a comparison of the gross revenue derived by the licensee from the sale of alcoholic liquor to the /► gross revenue obtained by the licensee [ from the sale of all products other than alcoholic liquor during the period in which the license is granted. b. For the purposes of this Section, "gross revenue" shall be defined as the total amount of cash or other consideration, including all taxes collected by the seller, received by the licensee as the result of the transfer of goods, or the provision of services to another. c. It shall be a condition to the renewal of a Class T liquor license that, for the period during which the applicant for renewal was a licensee in such class, the licensee' s gross revenue from the sale of alcoholic liquor authorized to be sold by the Class T liquor license does not exceed five percent (5%) of the licensee' s gross revenue from the sale of gourmet food products in the ordinary course of business by the licensee . rft. d. The licensee shall maintain adequate books and records in accordance with generally accepted accounting standards which shall clearly indicate gross revenue from the sale of alcoholic liquor separately from the gross revenue for the sale of gourmet food products . The licensee shall make such books and records available for inspection by the Local Liquor Control Commission or it' s designee . Such inspection may be conducted during normal business hours on the licensed premises or at such other location in the City as directed by the Local Liquor Control Commission. The Local Liquor Control Commission shall determine, as a result of such inspection, whether, in the Local Liquor Control Commission' s opinion, the books and records maintained by the licensee meet the requirements of this Section and whether there is cause for the Local Liquor Control Commission to revoke or suspend the license, impose a fine on the licensee, or impose a fine in addition to ANN revoking and suspending the license in accordance with the provisions of this Title . e . Should the Local Liquor Control Commission determine that the licensee is not attempting in good faith to comply with the provisions concerning the sale of alcoholic liquor authorized to be sold by the Class T liquor license as an incidental part of a gourmet food business, and within the limitations imposed upon the gross revenue from the sale of alcoholic liquor as provided in this Section, the Local Liquor Control Commission may impose a fine upon the licensee, revoke or suspend the license, or impose a fine in addition to revoking and suspending the license in accordance with the provisions of this Title . 3 . The alcoholic liquor authorized to be sold by the Class T liquor license shall not occupy more than ten percent (10%) of the shelf space in the public portion of the licensed premises and shall not be visible from the exterior of the premises . 4 . The sale of alcoholic liquor authorized to be sold by the Class T license shall not be advertised or otherwise promoted in any way. Menus, menu boards, table or counter top displays utilized in the licensed premises referencing the sale of alcoholic liquor shall not constitute advertising or promotion for the purposes of this subsection. 5 . The package liquor business must be operated and maintained in a physically separate manner from the retail sale of gourmet food products businesses on the premises . 6 . The annual fee for such liquor license shall be two hundred and fifty dollars ($250 . 00) . " Section 2 . That Section 6 . 06 . 115 of the Elgin Municipal Code, 1976, as amended, entitled "BASSET TRAINING REQUIREMENTS, " be and is hereby amended by amending subparagraph A to read as follows : �*+ 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, N-1, 0, P, R and T 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 3 . That Section 6 . 06 . 117 of the Elgin Municipal Code, 1976, as amended, entitled "Service Hours, " be and is hereby amended by amending the first paragraph of subparagraph A to read as follows : A licensee holding a Class A, AA, B, B-1, C, D, E, E-1, F, G, H, J, 0, P or T license may sell or permit to be sold alcoholic liquors only between the following hours : 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 upon its passage and publication in the manner provided by rik law. Ed Sc ock, Mayor Presented: December 5, 2001 Passed: December 5, 2001 Omnibus Vote : Yeas : 7 Nays : 0 Recorded: December 6, 2001 Published: December 7, 2001 Attest : $141.-A4z. Dolonna Mecum, City Clerk few elk CITY OF ELGIN ORDINANCE NO. G80-01 AN ORDINANCE AMENDING TITLE 21 OF THE ELGIN MUNICIPAL CODE, 1976 AS AMENDED, ENTITLED "STORMWATER MANAGEMENT" PASSED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 19TH DAY OF DECEMBER 2001 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 21st day of December 2001. ruk