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HomeMy WebLinkAboutG48-03 esk CITY OF ELGIN ORDINANCE NO. G48-03 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED AALCOHOLIC LIQUOR DEALERS PASSED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 25TH DAY OF JUNE 2003 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 26th day of June 2003. 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 June 25, 2003 , the Corporate Authorities of such municipality passed and approved Ordinance No. G48-03, which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G48-03, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building commencing on June 26, 2003, 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 June 25, 2003. Muni ipa Clerk (SEAL) r /111" Ordinance No. G48-03 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 : A. Class E-2 : For the retail sale in restaurants, as defined in article I, paragraph 2 .23 of the Illinois Liquor Control Law, of alcoholic liquor for consumption on the premises; expressly providing, however, that such licenses shall be issued only to establishments having a regular capacity, in accordance with existing city and state public health and fire prevention ordinances and statutes, to serve meals to emk not less than forty-five (45) persons at any one time, that seventy-five percent (75%) or more of the gross revenue in any month from the operation of the licensed premises must be from the serving of meals and that thirty-five percent (35%) or more of the total floor area of the establishment must be utilized for dining room areas for the regular service of meals . Alcoholic liquor may only be sold in restaurants holding a Class E-2 liquor license to patrons who order a complete meal . Service of alcoholic liquor shall be provided only at tables . Service of alcoholic liquor at bars is not permitted. There shall be no signage outside a restaurant holding a Class E-2 liquor license indicating or advertising the sale of alcoholic liquor. 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 that 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 "I► records available for inspection by the Local Liquor Control Commission or its 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 . D. The license fee per year is one thousand five hundred dollars ($1, 500 . 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 E-2 licenses shall not exceed one (1) in number. Section 3 . That Section 6 . 06 . 059 of the Elgin Municipal Code, 1976, as amended, entitled "Special Event Permit, " be and is hereby amended by amending the section heading to read as follows : OFF-SITE SPECIAL EVENT PERMIT Section 4 . 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, E-2 , F, G, J, K, N, N-1, 0, P, Q, R, S, 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 eft license . 2 e.► Section 5 . 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, E- 2 , F, G, H, J, 0, P, S, T, U or V license may sell or permit to be sold alcoholic liquors only between the following hours : Section 6 . That Section 6 . 06 . 140 of the Elgin Municipal Code, 1976, as amended, entitled "OFFENSES BY LICENSEE, " be and is hereby amended by amending subparagraph Q to read as follows : Permit any person in a class A, AA, B, B-1, C, D, E, E-1, E-2 , F, G, J, K, N, N-1, 0, P, Q, R, S, T, U or V licensed establishment to serve or sell alcoholic beverages unless that person has completed the BASSET training program as required in section 6 . 06 . 115 of this chapter. Section 7 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 8 . 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: June 25, 2003 Passed: June 25, 2003 Omnibus Vote : Yeas : 7 Nays : 0 Recorded: June 26, 2003 Published: June 26, 2003 Attest : U� d'410v4 _ Dolonna Mecum, City Clerk 3