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HomeMy WebLinkAboutG49-02 CITY OF ELGIN ORDINANCE NO. G49-02 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 10TH DAY OF JULY 2002 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 12th day of July 2002. 4 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 July 10, 2002, the Corporate Authorities of such municipality passed and approved Ordinance No. G49-02, which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G49-02, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building commencing on July 12, 2002, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon elik request in the office of the municipal clerk. DATED at Elgin, Illinois, on July 12, 2002. Municipal Clerk (SEAL) Ordinance No. G49-02 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 to add Section 6 . 06 . 056, entitled "Young Adult Night Permit, " to read as follows : A. There is established a young adult night permit to allow the licensee to provide entertainment consisting of, but not limited to, dances, musical and theatrical performances, or other such similar events of an entertaining nature on the licensed premises of the principal establishment for which there is a then currently issued and valid Class R license . Admission to an entertainment event being conducted pursuant to a young adult night permit shall be solely limited to the l"` members of a private club consisting of members between the ages of seventeen (17) and twenty-one (21) and the members' guests . The issuance of a young adult night permit shall only be granted upon the submission and approval of an application to the local liquor control commission. B. Not more than one (1) entertainment event conducted pursuant to young adult night permit shall occur within any seven day period, provided, however, that during the calendar weeks including Thanksgiving Day and New Year' s Eve, not more than two (2) events conducted pursuant to a young adult night permit shall be permitted to occur. C. A young adult night permit shall expire on April 30, next day after the date of issue . D. Notwithstanding Section 6 . 06 . 140N of this chapter, an entertainment event being conducted pursuant to a young adult night permit shall be subject to the following age restrictions and identification requirements : 1 . No person conducting or operating an entertainment event pursuant to a young adult night permit shall ' permit either by act of omission, any person under the age of seventeen (17) years to enter or remain on the licensed premises . 2 . No person conducting or operating an entertainment event pursuant to a young adult night permit shall permit, either by act or omission, any person over the age of twenty-one (21) years to enter or remain upon the licensed premises, unless : a. That person is the guest of a member of the private club for which the young adult night permit has been issued, subject to the verification and approval of the police officer assigned to the licensed premises as part of the special police detail required for the issuance of a young adult night permit . b. That person is operating or managing the entertainment event pursuant to a young adult night permit . c. That person is a bona-fide employee of the person operating or managing the entertainment event pursuant to a young adult night permit . 3 . The person conducting or operating the young adult night shall require a government-issued photo identification card showing the age of each person admitted or seeking to be admitted. 4 . Any person who shall by affirmative misrepresentation of age obtain admission to or permission to remain at any entertainment event being conducted pursuant to a young adult night permit contrary to the provisions of this code shall be punishable by a fine of not less than five hundred dollars ($500 . 00) nor more than one thousand dollars ($1000 . 00) . 5 . Any person who permits a person to enter or remain at any entertainment event being conducted pursuant to a young adult night permit contrary to the provisions of this code shall be punishable by a fine of not less than five hundred dollars ($500 . 00) nor more than one thousand dollars ($1000 . 00) . E. No alcoholic liquor may be displayed, sold, advertised, served, possessed or consumed on the licensed premises at any time during any event conducted pursuant to a young adult night permit . F. An application for a young adult night permit shall be submitted to the local liquor control commission and shall contain the following information: 1 . The applicant' s name, address and day and evening telephone numbers . If the applicant is not a natural person, this information shall be provided for both the applicant and for the natural person making the application on behalf of the applicant . If the applicant is not a natural person, the applicant shall also provide the names, addresses and day and evening telephone numbers of the limited partners, partners, owners and principals of the applicant . 2 . The complete address and identification of the areas within the licensed premises in which the young adult night event will be conducted. 3 . The proposed date or dates on which the entertainment event or events requiring a young eft. adult night permit will occur and a description of the proposed entertainment that will be occurring on those dates . 4 . The designation of not less than one on-site manager who will be in attendance during and following each young adult night and be responsible for the direct operation and oversight of the licensed premises and the supervision of other employees or workers . The on-site manager shall have authority to accept complaints, notice of violations and take any corrective actions required by the city. 5 . A security plan detailing the manner in which the applicant will maintain order on the licensed premises and ensure compliance with the laws of the State of Illinois and the City of Elgin Municipal Code . Any changes to the approved security plan must be submitted and approved by the chief of police not less than five (5) business days before the event . 6 . A statement from the applicant that the licensed rft. premises on which the applicant will conduct or operate the young adult night will comply with all (" laws and other legal requirements, including but not limited to building, property maintenance, zoning, health and fire prevention codes; and a statement that the applicant and any employee or agent thereof will , in the conduct of any young adult night, comply with all laws and other legal requirements, including but not limited to the building, property maintenance, zoning, health and fire prevention codes . 7 . A statement of indemnification from the applicant stating that the licensee shall indemnify and hold the city harmless from any and all losses, claims, actions or damages suffered by any person or persons by reason of or resulting from any negligence of the licensee or its agents, employees, or patrons or on account of any act or omission of the licensee in its exercise of its license or use or occupancy of any premises in connection with such license . In the event any suit or action is brought against the city, the licensee shall , upon notice of the commencement thereof, defend the same, at no cost and expense to the city, and promptly satisfy any final judgment adverse to the city or to the city and the licensee jointly; provided, that in the event the city determines that one (1) or more principles of government or public law are involved, the city retains the right to participate in such action. The above liability shall not be diminished by the fact, if it be a fact, that any such death, injury, damage, loss, cost or expense may have been, or may be alleged to have been, contributed to by the negligence of the city or its officers, employees or agents; provided, however, that nothing contained in this section shall be construed as requiring the licensee to indemnify the city against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the city, or its officers, employees or agents . 8 . Such other information as the local liquor control commission shall require to ensure the health, safety and welfare of the patrons of a young adult night event . 9 . A certification or declaration under penalty of perjury under the laws of the State of Illinois that the information and statements in the application are true and correct . G. Any young adult night permit issued by the local liquor control commission shall also be subject to the following limitation: 1 . The approved security plan shall be followed without any changes unless such change has been submitted to the chief of police in writing not less than five (5) business days before the entertainment event being conducted pursuant to the young adult night permit and any such change has been approved by the chief of police prior to the event . 2 . Security personnel shall be required for the maximum capacity of the entertainment event at the licensed premises as determined by the chief of police upon receiving the fire chief' s determination regarding the maximum capacity of the licensed premises . 3 . The holder of a young adult night permit shall elk notify the local liquor control commission in writing as to any proposed changes regarding the proposed date or dates on which the entertainment event or events requiring a young adult night will occur and shall not change any designated event dates without first receiving approval from the local liquor control commission. 4 . No members of the private club or members of the general public shall be admitted to the licensed premises prior to the opening of the event . 5 . Only the holder of a then currently issued and valid Class R liquor license for the establishment may apply for a young adult night permit . 6 . A special police detail consisting of not less than one city police officer shall be required for each entertainment event conducted pursuant to a young adult night permit and such police detail shall be paid by the permit holder upon receipt of invoice for such services from the city. The size of the special police detail shall be determined by the chief of police based upon, but not limited to, the anticipated number of patrons expected to attend the entertainment event . The special police detail shall commence at the time patrons are admitted to the entertainment event and shall conclude thirty (30) minutes following the conclusion of the entertainment event . 7 . All peace officers of the city shall have free access to an event being conducted pursuant to a young adult night permit . 8 . No person operating or conducting an entertainment event pursuant to a young adult night permit shall permit any person, other than an employee or manager, to leave the licensed premises and return during the course of an event unless that person pays a readmission fee equal to, or greater than, one-half of the original price of admission or cover charge . H. A young adult night permit shall be limited to the hours between 5 : 00 p.m. ad 3 : 00 a.m. I . The annual fee for a young adult night permit shall be one hundred dollars ($100 . 00) . enk Section 2 . That Chapter 6 . 06 of the Elgin Municipal Code, 1976, as amended, entitled "Alcoholic Liquor Dealers, " be and is hereby amended to delete Section 6 . 06 . 057, entitled "Teen Night Permit, " in its entirety. Section 3 . That Chapter 6 . 06 of the Elgin Municipal Code, 1976, as amended, entitled "Alcoholic Liquor Dealers, " be and is hereby amended by amending the introductory paragraph of Section 6 . 06 . 120C to read as follows : Cause for the imposition of a fine or the suspension or revocation of any license or permit issued pursuant to this chapter shall include, but not be limited to, the following: Section 4 . That the provisions of Section 1 of this ordinance providing for a young adult night permit under the new Section 6 . 06 . 056 shall without further City Council action automatically expire on April 30, 2003 . It is hereby declared to be the legislative intent of the City Council that the adoption of an ordinance provision for a young adult night permit is being done on an experimental basis only and that no licensee who is granted a young adult night permit shall have any property interest, vested right, or other continuing protectible interest in the continuation of a young adult night permit . The City Manager is directed to submit a report to the City Council prior to the automatic C expiration of Section 6 . 06 . 056 and therein shall advise the City C Council as to the city' s experience with a young adult night permit and whether an ordinance providing for the continuation of a young adult night permit should bel adopted. 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. Ed Schock, Mayor Presented: July 10, 2002 Passed: July 10 , 2002 Vote : Yeas : 4 Nays : 2 Recorded: July 11, 2002 Published: July 12 , 2002 Attest : r 6404.T Dolonna Mecum, City Clerk