Loading...
HomeMy WebLinkAboutG38-07 CITY OF ELGIN ORDINANCE NO. G38-07 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 25th DAY OF JULY 2007 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 27th day of July 2007. • STATE OF ILLINOIS ) ss. COUNTY OF KANE ) CERTIFICATE I, Diane Robertson, 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 25, 2007, the Corporate Authorities of such municipality passed and approved Ordinance No. G38-07, which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G38-07, 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 27, 2007, 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 July 27, 2007. Municipal lerk (SEAL) Ordinance No. G38-07 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 amend subsection J to read as follows: J. Class G: For the retail sale of alcoholic liquors in buildings of golf courses owned by the city in connection with the operation of an established food serving facility during times when food is dispensed for consumption upon the premises. Also for the retail sale and consumption of alcoholic liquor by the city to daily fee customers and pass holders playing golf at the city-owned The Highlands of Elgin and Bowes Creek golf courses and their attendant facilities, notwithstanding the prohibitions regarding the possession and consumption of alcoholic liquors in parks as provided by subsection 6.06.150B of this chapter, subsection 12.08.0101 of this code or other provisions of this code. The license fee per year for operation by the city is no fee and operation by independent contractor is one thousand dollars ($1,000.00). Section 2. 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 amend subsection K to read as follows: K. Class H: For the retail sale of alcoholic liquor by churches, schools or not for profit fraternal organizations or corporations on the licensee's premises solely for the promotion of some object other than the sale or consumption of alcoholic liquors; expressly providing, however, that no license shall be issued to any such licensee for more than three (3) consecutive days nor for more than six (6) days total in any calendar year. The term "premises" shall include any adjoining open area utilized in conjunction with the licensee's principal establishment. The license fee for each period is twenty five dollars ($25.00). 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 Section 6.06.040, entitled, "License Classes; Fees,"to amend subsection N to read as follows: N. Class K: For retail sales of alcoholic liquor in conjunction with events at and upon the premises of city-owned property, including without limitation, the Hemmens Auditorium, The Centre of Elgin, the Elgin Sports Complex, Walton Island and Festival Park, or any premises being leased by the city, including without • limitation, the Elgin Art Showcase, for consumption on the premises only, notwithstanding the prohibitions regarding the consumption of alcoholic liquor on any public property or park as provided by subsection 6.06.150B of this chapter, subsection 12.08.010I of this code or other provisions of this code. The term "premises" shall include any adjoining open area utilized in conjunction with the licensee's principal establishment. There shall be no annual fee for such license when the city is the licensee. When the licensee is an independent contractor, the annual fee for such license shall be one hundred dollars ($100.00). Section 4. 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 delete subsection 0 in its entirety. Section 5. 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 create the following new subsection to read as follows: Class K-1: For retail sale of alcoholic liquor during special events upon the premises of city-owned property, including without limitation, the Hemmens Auditorium, The Centre of Elgin, the Elgin Sports Complex, Walton Island and Festival Park, or any premises being leased by the city, including without limitation, the Elgin Art Showcase, for consumption on the premises only, notwithstanding the prohibitions regarding the ,fir• consumption of alcoholic liquor on any public property or park as provided by subsection f 6.06.150B of this chapter, subsection 12.08.010I of this code or other provisions of this code. No license shall be issued for any such special event unless the city is serving as the sponsor of the event, a co-sponsor of the event or is otherwise expressly permitting the special event to be conducted upon the premises of city-owned property or any premises being leased by the city. The term "premises" shall include any adjoining open area utilized in conjunction with the licensee's principal area of establishment. The chairman of the local liquor control commission shall have the sole discretion in determining the alcoholic liquor that may be sold at retail during any such special event and may choose to limit the retail sale of alcoholic liquor to beer and wine, or to one additional alcoholic liquor in addition to beer and wine when any such special event constitutes what is commonly referred to as an "ethnic" event and the one additional alcoholic liquor being served in addition to beer and wine is traditionally associated with the food of the nationality of such special ethnic event, provided, the one additional alcoholic liquor being served in addition to beer and wine is being sold at a price not less than fifty percent (50%) greater than the price for the beer being sold at the special ethnic event. The local liquor control commission shall have the sole discretion for determining whether a special event constitutes a special ethnic event within the meaning of this subsection and whether the one additional alcoholic liquor being served in addition to beer and wine is traditionally associated with the food of the nationality of such special ethnic event. r 2 No license shall be issued to any individual or corporation for a special event occurring more than ten (10) consecutive days nor for more than twelve (12) hours during any single day. A licensee holding a class K-1 license or the vendor selling alcoholic liquor pursuant to such class K-1 license may sell or permit to be sold alcoholic liquors as designated on the class K-1 license issued by the local liquor control commission and for the hours each day as specified in the class K-1 license as issued. No more than five (5) class K-1 licenses shall be issued to any individual or corporation during any one calendar year. In the event a class K-1 licensee utilizes a vendor who holds a then currently issued and valid class A, AA, A-1, D, E, E-1, E-2, F, F-1, M, N, N-1, 0, P, R, S or U liquor license in the city, such vendor shall actually conduct and be responsible for all liquor sales. In the event a class K-1 licensee does not so utilize a vendor then prior to the issuance of any class K-1 license to an individual or corporation, the individual or corporation shall post with the city a bond in the amount of five thousand dollars ($5,000.00) in a form approved by the corporation counsel which shall be in favor of the city. A condition of the obligation of such bond shall be a guarantee that the special event and the sale of alcoholic liquor shall be conducted in compliance with the terms of the class K-1 license issued and all applicable ordinances and other requirements of law. Prior to the issuance of any class K-1 license, the applicant shall submit to the chief of police a security plan which must be approved by the chief of police which includes an acknowledgment from the applicant that any changes to the security plan must be submitted to the chief of police in writing five (5) days before the special event. Such rsecurity plan shall include a system of badges, plastic bracelets or other such approved [ device so as to identify persons legally authorized to purchase and consume alcoholic liquor. The license fee per special event is one hundred dollars ($100.00), however, there shall be no license fee for any special event on the premises of the Elgin Art Showcase. Section 6. 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 amend subsection L to read as follows: L. Class I: For retail sale of alcoholic liquor limited to beer and wine only during special events sponsored by the city or by a not for profit corporation or association registered with the state. One additional alcoholic liquor in addition to beer and wine may be served at a special event sponsored by the city or by a not for profit corporation or association registered with the state provided any such special event constitutes what is commonly referred to as an "ethnic" event; the one additional alcoholic liquor being served in addition to beer and wine is traditionally associated with the food of the nationality of such special ethnic event; and, the one additional alcoholic liquor being served in addition to beer and wine is being sold at a price not less than fifty percent (50%) greater than the price for the beer being sold at the special ethnic event. The local liquor control commission shall have the sole discretion for determining whether a special event constitutes a special ethnic event within the meaning of this subsection and whether the one additional 3 alcoholic liquor being served in addition to beer and wine is traditionally associated with the food of the nationality of such special ethnic event. No license shall be issued for any such not for profit corporation or association for more than four (4) consecutive days nor for more than twelve (12) hours during any single day. A licensee holding a class I license or the vendor selling alcoholic liquor pursuant to such class I license may sell or permit to be sold alcoholic liquors consisting of beer and wine only for the hours each day as specified in the class I license as issued. No more than five (5) class I licenses shall be issued to any not for profit corporation or association during any one calendar year. In the event such a not for profit corporation or association utilizes a vendor who holds a then currently issued and valid class A, AA, A-1, D, E, E-1, E-2, F, F-1, M, N, N-1, 0, P, R, S or U liquor license in the city, such vendor shall actually conduct and be responsible for all liquor sales. In the event such not for profit corporation or association does not so utilize a vendor then prior to the issuance of any class I license to a not for profit corporation or association such not for profit corporation or association shall post with the city a bond in the amount of five thousand dollars ($5,000.00) in a form approved by the corporation counsel which shall be in favor of the city. A condition of the obligation of such bond shall be a guarantee that the special event and the sale of alcoholic liquor shall be conducted in compliance with all applicable ordinances and other requirements of law. Prior to the issuance of any class I license the applicant shall submit to the chief of police a security plan which must be approved by the chief of police which includes an acknowledgment from the applicant that any changes to the security plan must be submitted to the chief of police in writing five (5) days before the event. Such security plan shall include a system of badges, plastic bracelets or other such approved device so as to identify persons legally authorized to purchase and consume alcoholic liquor. The license fee per day is twenty five dollars ($25.00). Section 7. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled "Alcoholic Liquor Dealers," be and is hereby amended by amending Section 6.06.058, entitled, "Outside Event Permit," to read as follows: There is established an outside event permit to allow the retail sale of alcoholic liquor for consumption on the adjoining outside areas of a licensed premises used in conjunction with the licensee's principal establishment for which there is a then currently issued and valid class A, AA, A-1, D, E, E-1, E-2, E-3, F, F-1, I, J, N, 0, P, Q or U license. Except as otherwise expressly authorized in this chapter, no alcoholic liquor may be sold, served or consumed at any outside event without first obtaining a permit as provided herein. Any outside event permit shall also be subject to the following: A. No outside event permit shall be issued to any licensee whose establishment is located one hundred feet (100') or closer to any residential zone as measured from 4 the boundary line of such residential zone to the area of the licensed premises proposed to be used for an outside event. B. No outside event permit shall be issued for more than three (3) consecutive days. No more than five (5) outside event permits shall be issued to any licensee during any one calendar year. C. The hours of an outside event shall last no later than twelve o'clock (12:00) midnight. Section 8. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled "Alcoholic Liquor Dealers," be and is hereby amended by amending Section 6.06.058, entitled, "Off-Site Special Event Permit,"to read as follows: There is established a special event permit to allow the retail sale of alcoholic liquor for consumption at a special event off the site of a licensed premises for such events as private parties, picnics or other special or theme event. Special event permits shall be issued only to licensees with a currently issued and valid class A, AA, A-1, D, E, E-1, E- 2, E-3, F, F-1, K, M, N, 0, P, R, R-1 S, or U license. Except as otherwise expressly authorized in this chapter, no alcoholic liquor may be sold, served or consumed at any special event without first obtaining a permit as provided herein. The fee for a special event permit is twenty five dollars ($25.00). Any special event permit shall also be subject to the following: A. Applications for a special event permit shall be executed both by the liquor license holder and the owner of the property at which the special event is proposed to be conducted. B. No special event permit shall be issued for any event proposed to be located one hundred feet (100') or closer to any residential zone as measured from the boundary line of such residential zone to the area of the proposed special event. C. No special event permit shall be issued for more than three (3) consecutive days. No more than five (5) special event permits shall be issued to any licensee during any one calendar year. D. The hours of a special event shall last no later than twelve o'clock (12:00) midnight. E. Proof of dramshop insurance verifying coverage for the special event shall be provided by the licensee prior to the issuance of a special event permit. F. Special events are intended to consist of private gatherings only and no member of the general public shall be allowed to consume alcohol being served in conjunction with the special event. 5 • • Section 9. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled "Alcoholic Liquor Dealers," be and is hereby amended by amending Section 6.06.060, entitled, "Application; Filing; Processing Fee,"to read as follows: Applications shall be directed to and filed with the local liquor control commission. In addition to all other fees imposed the applicant shall also pay a nonrefundable one hundred fifty dollars ($150.00) at the time of filing to cover the cost of processing the application. Prior to the issuance of any license the applicant shall pay to the city clerk the full amount of the annual license fee required to be paid for the kind of license applied for. There shall be no filing fee imposed for any application seeking the issuance of a class G or class K license when the city is the applicant. There shall be no filing fee imposed for any application seeking the issuance of a class H, class I or class K-1 license, nor for any application seeking the issuance of an exterior sales permit, a young adult night permit, an outside event permit or an off-site special event permit. Prior to issuance of a new class B license, the applicant shall deposit the sum of ten thousand dollars ($10,000.00) with the city clerk to be placed in the general fund of the city. Prior to issuance of a new class B-1 license, the applicant shall deposit the sum of five thousand dollars ($5,000.00) with the city clerk to be placed in the general fund of the city. It shall further be the duty of any licensee under this chapter before the issuance of any license to a new licensee to submit to the commission a bulk sales affidavit or affidavits in compliance with the bulk sales provisions of the uniform commercial code of Illinois or such other applicable statutes governing bulk sales within the state so that the exact amount of indebtedness of the party selling the business is known and such issuance shall not be executed until the commissioner is satisfied that adequate provisions are made for the payment of all obligations relating to the business or license of the seller. Any license issued to a vendee under the provisions of this section shall not be eligible to be surrendered to be issued to another purchaser of the business. Any bond or policy of liability insurance submitted to the local liquor control commission pursuant to the requirements of this section shall be for the entire term of the license period and it shall be a condition of any license issued by the local liquor control commission that the bond or policy of liability insurance shall be in full force and effect throughout the license period as a condition of doing business pursuant to such license. Section 10. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled "Alcoholic Liquor Dealers," be and is hereby amended by amending Section 6.06.070, entitled, "Application; Contents,"to amend subsections B and C to read as follows: B. Each license application for an initial license at a premises shall be accompanied by a set of floor and site plans prepared under the seal of an architect or engineer licensed to practice in the state. The plans shall show the dimensions of the premises, its location on and the dimensions of its site; the property lines and their relationship to the building and all parking areas located on the property; and the design and layout for determination of occupancy, including, but not limited to, exiting, seating, dining rooms, bars, game and waiting areas and position of 6 equipment and fixtures therein whether or not an application for a license has or will be submitted. The plans shall show on the face thereof a written computation of proposed occupancy limits, parking requirements and areas which will be reasonably necessary for loading and unloading. The layout of a licensed premises may not be substantially changed without submission of a new set of plans and approval by the liquor commission. The requirements of this subsection shall not apply to any applicant seeking a class G, class H, class I, class K or class K-1 license. C. Each application shall be executed by the applicant seeking the license, shall be under oath stating all material information required in article 7, section 1 of the "act relating to alcoholic liquors". If the applicant is a partnership, all partners shall sign the application. If the applicant is a corporation or club, the president and secretary of the applicant business entity shall sign the application. If the applicant is a limited liability company, the managers of the limited liability company shall sign the application. If the members of the limited liability company do not elect managers, the application shall be signed by the members with interests representing the majority of the book value of the membership interests unless the articles of organization or operating agreement otherwise provide the manner in which members or managers may bind the limited liability company. Each application shall contain at least the following information and statements: 1. The applicant's name, birth date, social security number, driver's license number, address, position and percentage of ownership in the business; and the name, birth date, social security number, driver's license number, address, position and percentage of ownership in the business of every sole owner, partner, corporate officer, director, manager of a limited liability company, manager and any person or member of a limited liability company who owns five percent (5%) or more of the shares of the applicant business entity or parent corporations of the applicant business entity. The articles of incorporation for any corporation shall be attached to the application. 2. The class of license applied for. 3. The nature of the business which the applicant intends to carry out, and in the case of an applicant for a class E or E-1, E-2 or E-3 license, the amount of applicant's anticipated gross monthly revenues from the sale of food and from other sources calculated. 4. The nature of entertainment proposed to be offered within the proposed premises. 5. The length of time the applicant has been a resident of the state, the county and the city, or if a partnership or a limited liability company, the length of time that 7 each partner or member of a limited liability company has been a resident of the state, county and city. 6. The length of time the applicant has been in the business of that character or, in the case of a corporation, the date on which its charter was issued, the state of incorporation, and if a foreign corporation, the date of being qualified to do business under the "business corporation act of 1983", and if a limited liability company, the date on which it was organized in accordance with the "Illinois limited liability company act". 7. The addresses and telephone numbers of the premises, business office if different, manager, and in the case of an original application, a detailed description of the premises and an exterior photograph. In the case of all other applications, the addresses and telephone numbers of the premises, business office if different, and manager, and a statement that the physical premises has not been modified or altered since the prior submission of an application. 8. A list of governmental entities to which the applicant or any shareholder, director or official, member or manager of a limited liability company has submitted an application for a liquor license, the dates of such application, the disposition of such application, amounts of and reasons for fines imposed, and the dates, reason and length of suspension or revocation of such license, if any. 9. A list of convictions of the applicant for any nontraffic violations of any ordinance or statute of any city, county or state or of the federal government, indicating the names of the offenses and dates of conviction. The applicant shall also execute all necessary documents providing for the applicant's authorization for the city to conduct nonfingerprint criminal history conviction background checks. The costs of such criminal history conviction background checks shall be paid by the applicant. The provisions of this subsection C9 shall not apply to any application in which the city of Elgin is the applicant or for any applicant seeking a class H, class I or class K-1 license. 10. Documentation sufficient to establish that the licensee beneficially owns the premises for which a license is sought or has a lease thereon for the full period for which the license is to be issued and that the licensee has sole or exclusive possession of the premises for which the license is sought. Section 11. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled "Alcoholic Liquor Dealers," be and is hereby amended by amending Section 6.06.075, entitled, "Records,"be amended to read as follows: A licensee holding a class E, E-1, E-2 or E-3 license shall keep or cause to be kept, at the licensed premises, records showing all sales such that the licensee can document that fifty percent (50%) or more of the gross revenue in any month from the operation of the licensed premises is derived from the serving of meals. 8 Such records shall, at all times during business hours of the day, be subject to inspection by representatives of the liquor commission and copies thereof shall be produced to the liquor commission within seven (7) days of a written request for same. Such records shall be preserved for a period of two (2) years unless the liquor commission, in writing, authorizes their destruction or disposal at an earlier date. Failure to maintain or produce such records is unlawful and cause for revocation of the license to sell any alcoholic liquor. The information contained in such records shall be held in confidence by the liquor commission unless such records are to be utilized in any hearings on any charges brought against the licensee. Section 12. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled "Alcoholic Liquor Dealers," be and is hereby amended by amending Section 6.06.080, entitled, "License; Fee Payment; Renewal,"be amended to read as follows: A. Except for class H, I and K-1 licenses, all license fees shall be due and payable on or before May 1 of each year. The requisite fee shall accompany all original or renewal applications. Class H, I and K-1 license fees shall be due and payable upon application. B. All licenses, other than class H, I and K-1 licenses, shall expire on April 30, day after the date of issue. Class H, and K-1 licenses shall expire at the end of the period for which any such license has issued. C. Failure or neglect to pay the requisite fees in a timely manner shall be cause for denial of issuance or nonrenewal or revocation as the case may be. D. Any applicant whose establishment is located on property involuntarily annexed to Elgin after June 1, 1989, and who, at the time of such annexation, holds a current and valid county liquor license, shall have its initial license fee abated by an amount equal to the fee paid to the county for the license in effect on the date of annexation. Section 13. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled "Alcoholic Liquor Dealers," be and is hereby amended by amending Section 6.06.090, entitled, "License; Issuance Limitations,"be amended by amended subsection G to read as follows: G. The issuance limitations set forth in subsections E of this section shall not apply to class H, I and K-1 licenses. Section 14. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled "Alcoholic Liquor Dealers," be and is hereby amended by amending Section 6.06.095, entitled, "Application; Meeting; Notice,"be amended by amended subsection G to read as follows: 9 G. The chairman of the local liquor commission may, upon proper application showing conformance with all legal requirements, grant class H, I and K-1 licenses and outside event and special event permits without conducting a public hearing thereof. In the event the chairman of the local liquor commission declines to grant an application for a class H, I or K-1 license or an outside event or special event permit, then such application shall be submitted to the local liquor control commission for a public hearing and consideration provided in this chapter. Section 15. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled "Alcoholic Liquor Dealers," be and is hereby amended by amending subparagraph A of Section 6.06.115, entitled"Basset Training Requirements," to read as follows: For licenses effective on or after May 1, 1990, the original or renewal application for a Class A, AA, A-1, B, B-1, C, C-1, D, E, E-1, E-2, E-3, F, F-1, G, J, K, M, N, N-1, 0, P, R, R-1, S, T and U 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 15. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled "Alcoholic Liquor Dealers," be and is hereby amended by amending Section 6.06.140, entitled, "Offenses By Licensee,"be amended by amended subsection N to read as follows: N. Permit any person who has not attained the age of twenty one (21) years to remain on the premises of a class A, class A-1, class AA, class R or class R-1 licensee. This subsection shall not apply to: 1. Persons eighteen (18) years of age or older, when such person is on the premises pursuant to employment; or 2. Persons accompanied by his or her parents, legal guardian or spouse; or 3. Food service establishments, except in areas segregated and designated principally for the sale or consumption of alcoholic liquor, or for bowling alleys, except when they are segregated and designated principally for the sale or consumption of alcoholic liquor; Section 16. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled "Alcoholic Liquor Dealers," be and is hereby amended by amending Section 6.06.140, entitled, "Offenses By Licensee,"be amended by adding new subsections T and U to read as follows: T. Permit any person who has not attained the age of twenty one (21) years to remain on the premises of a class E, class E-1, class E-2 or class E-3 licensee whenever a full menu, including entrees and appropriate side dishes, is not available for purchase at all times liquor sales are being conducted. This subsection shall not apply to: 10 1. Persons eighteen(18) years of age or older, when such person is on the premises pursuant to employment; or 2. Persons accompanied by his or her parents, legal guardian or spouse. U. Commit any violation of criminal laws of the state or of the ordinances of the city. Section 17. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 18. 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 25, 2007 Passed: July 25, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: July 26, 2007 Published: July 27, 2007 Attest: Diane Robertson, City Cl rk 11