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HomeMy WebLinkAbout G79-02. . CITY OF ELGIN ORDINANCE NO. G79-02 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 6TH DAY OF NOVEMBER 2002 r Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 8th day of November 2002. 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 November 6, 2002, the Corporate Authorities of such municipality passed and approved Ordinance No. G79-02, which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G79-02, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building commencing on November 8, 2002, 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 November 8, 2002. Municipal ler (SEAL) r Ordinance No. G79-02 rift 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 subsections to read as follows : W. Class U: For the retail sale and consumption of alcoholic liquor for consumption on the premises of a "musical entertainment club, " as that term is defined in this subsection, and subject to the following conditions : 1 . "Musical entertainment" shall mean the playing of live music by a person or person using string, brass, reed, woodwind, percussion, eft electronic or digital instruments at a volume which does not create a public nuisance and/or performances by individuals and/or groups which may involve acting, singing, dancing, comedy and the reading and/or recital of poetry. 2 . "Musical entertainment club" shall mean a facility in which "musical entertainment, " as that term is defined in this subsection, shall be provided to patrons of the establishment on Fridays and Saturdays between the hours of 8 : 00 P.M. and 1 : 00 A.M. the following day, and on such other days and hours as determined by the licensee, subject to the provisions of this chapter. 3 . A "restaurant , " as that term is defined in article I , paragraph 2 . 23 of the Illinois Liquor Control Law, shall be established on the licensed premises of a musical entertainment club in accordance with the following conditions : a. The restaurant established as part of a musical entertainment club within the em. premises of a musical entertainment club shall have a regular capacity, in accordance with existing city and state public health and fire prevention ordinances and statutes, to serve meals to not less than one hundred (100) persons at any one time, that thirty-five percent (35%) or more of the gross revenue in any month from the operation of the licensed premises must be from serving meals and that fifty percent (50%) or more of the floor area of the musical entertainment club must be utilized for dining room area for the regular service of meals . 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 . 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 from the serving of meals . 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 revoking and suspending the license in accordance with the provisions of this Title . 4 . There shall be no signage outside the musical entertainment club indicating or advertising the sale of alcoholic liquor. 5 . The licensee shall provide for the service of meals to its patrons during all times in which alcoholic liquor is being served on the premises, provided however, the licensee may discontinue the service of meals to its patrons not more than one (1) hour before termination of the service hours for the sale of alcoholic beverages as set forth in section 6 . 06 . 117A of this chapter. 6 . The license fee per year shall be $1500 . 00 . X. Class V: For the retail sale and consumption of alcoholic liquor in conjunction with events conducted on the premises of the city-owned "The Centre of Elgin, " provided (1) the retail sale of alcoholic liquor is conducted with the operation of a food service facility operating on the premises, (2) the retail sale and consumption of alcoholic liquor is performed solely during times when food is being served on the premises, and (3) the retail sale and consumption of alcoholic liquor is conducted solely within the Heritage Ballroom area of the premises, notwithstanding the prohibitions regarding the consumption of alcoholic liquor on any public property as provided by subsection 6 . 06 . 150B of this chapter. The license fee per year shall be $100 . 00 . Section 2 . That Section 6 . 06 . 050 of the Elgin Municipal Code, 1976, as amended, entitled "LICENSES; NUMBER TO BE ISSUED, " be and is hereby amended by adding new subparagraph E to read as follows : The number of Class U licenses shall not exceed one (1) in number. Section 3 . 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, T, U and V 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 4 . 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, T, U or V license may sell or permit to be sold alcoholic liquors only between the following hours : Section 5 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 6 . That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. _ _ Sc oc , Mayor Presented: November 6 , 2002 Passed: November 6, 2002 Omnibus Vote : Yeas : 7 Nays : 0 Recorded: November 7, 2002 Published: November 8 , 2002 Attest : Sigli - Dolonna Mecum, City Clerk r