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HomeMy WebLinkAboutG31-11 Q • Ordinance No. G31-11 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 further amended by further amending Section 6.06.040, entitled "License Classes: Fees" to adding the following new subsection to read as follows: "AA. Class X: For the incidental retail sale of alcoholic liquor for consumption on the premises specified for establishments consisting of a full-service salon, subject to the following restrictions and conditions: 1. A full-service salon qualifying for this license shall be kept, used and maintained, advertised and held out to the public as a full-service salon and regularly provide for services customarily offered at a full-service salon, including salon services such as hair styling and coloring, facials, skin treatments, make-up, manicures, pedicures and massage services. • 2. Alcoholic liquors authorized for sale pursuant to a Class X license shall be limited to beer, wine, champagne and martinis. A licensee holding a Class X license may sell or permit to be sold alcoholic liquors Monday through Friday from 5:00 p.m. until 10:00 p.m. and Saturday and Sunday from 9:00 a.m. until 5:00 p.m. All liquor service shall be by the drink only. The sale of alcoholic beverages shall be limited to sales in conjunction with the promotion of other salon services at the salon and sale of alcoholic liquor shall be limited to customers of the salon who are simultaneously purchasing salon services. No more than two alcoholic beverages shall be sold to an individual customer on any day. 3. The alcoholic liquor authorized to be sold by the Class X liquor license shall not be displayed or stored on open shelf space in the public portion of the licensed premises and shall not be visible from the exterior of the licensed premises. There also shall be no exterior signage on any premises issued a Class X liquor license indicating or advertising the sale of alcoholic liquor. 4. The test to determine whether the sale of alcoholic liquor is incidental to the primary business of a full-service salon 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 salon services • during the period in which the license is granted. For the purposes of this ' 1 • section, "gross revenue" shall be defined as the total amount of cash or other consideration, including all taxes collected, received by the licensee as a result of the transfer of goods, or the provision of services to another. It shall be a condition to the renewal of a Class X license that, for the license period immediately preceding the proposed renewal, that the licensee's gross revenue from the sale of alcoholic liquor authorized to be sold by the Class X liquor license does not exceed five percent (5%) of the licensee's gross revenue from the sale of salon services in the ordinary course of business by the licensee. 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 salon services. The licensee shall make such books and 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 as the city is directed by the local liquor control commission. 5. The license fee per year is Two Hundred Fifty Dollars ($250.00). Section 2. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled "Alcoholic Liquor Dealers" be and is hereby further amended by further amending Section 6.06.050, entitled "Licenses; Number To Be Issued" to add the following new subsection to read • as follows: "The number of Class X licenses shall not exceed one (1) in number." 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 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, F, F-1, G, J. K, N. N-1, O, P, R, R-1, S, T, U, and X 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 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 after its passage and publication in the manner provided by law. �aesa"mwl David J. KaptaK Ma or • Presented: August 24, 2011 Passed: August 24, 2011 Vote: Yeas: 7 Nays: 0 Recorded: August 24, 2011 Published: August 26, 2011 Attest: Kimberly Dewis, City Clerk • •