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HomeMy WebLinkAboutG14-12 Ordinance No. G14-12 • AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the regulation of alcoholic liquor dealers including the amount of fees for various classes of liquor license pertains to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 6.06.040 of the Elgin Municipal Code, 1976, as amended, entitled "License Classes; Fees:" be and is hereby further amended to read as follows: "6.06.040: LICENSE CLASSES; FEES: The classes of licenses and the fees therefor are as follows: • A. Classes A And A-1: 1. Class A: For the retail sale, on the premises specified, of alcoholic liquor for consumption on the premises only. The annual license fee is one thousand five hundred forty dollars ($1,540.00). 2. Class A-1: For the retail sale, on the premises specified, of alcoholic liquor for consumption on the premises in establishments primarily marketing and serving specialty and premium alcoholic drinks, including beer and wine,provided such premises is located within the CC 1 center city zoning district and east of the Fox River and has seating accommodations at tables or booths for not more than two hundred fifty (250) persons, including seating accommodations at bars or counters. There shall be no exterior signage on any premises issued a class A-1 liquor license indicating or advertising the sale of alcoholic liquor. A licensee holding a class A-1 license may sell or permit to be sold alcoholic liquors on Monday through Thursday from six o'clock (6:00) A.M. until one o'clock (1:00) A.M. the following day, and on Fridays and Saturdays from six o'clock(6:00)A.M. until three o'clock (3:00) A.M. the following day. A licensee holding a class A-I license may also sell or permit to be sold alcoholic liquors on the Wednesday immediately preceding Thanksgiving Day from six o'clock (6:00) A.M. until four o'clock(4:00) A.M. the following day 1 and on New Year's Eve from six o'clock (6:00) A.M. until four • o'clock(4:00) A.M. the following day. The annual license fee is two thousand two hundred dollars ($2,200.00). B. Class AA: For the retail sale, on the premises specified, of alcoholic liquor primarily for consumption on the premises as well as other incidental retail sales of alcoholic liquors in original package for consumption off premises. No new class AA license shall be issued to any establishment after August 1, 1989. Any class AA license existing on August 1, 1989, may be renewed annually as provided herein. Provided, a class AA license shall terminate, expire, cease to exist when it is revoked or not renewed or the business is sold. The annual license fee is one thousand five hundred forty dollars ($1,540.00). C. Class B: Package stores for the retail sale of alcoholic liquor,on the premises specified, solely in the original package not for consumption on the premises, provided, however, no new class B license shall be issued after December 6, 1995, for convenience stores or for any premises used as a gasoline filling station. For the purpose of this section, "convenience store" shall mean retail stores selling general merchandise including primarily convenience items and a limited selection of groceries on premises having less than five thousand (5,000)square feet of floor area.Any class B license existing after December • 6, 1995, for convenience stores or for any premises used as a gasoline filling station may be renewed annually as provided herein. Provided, a class B license for any convenience stores or any premises used as a gasoline filling station shall terminate, expire, cease to exist when it is revoked or not renewed or the business is sold. The license fee per year is eight hundred eighty dollars ($880.00). D. Classes B-1, B-2 And B-3: 1. Class B-1: Package stores for the retail sale of alcoholic liquor limited to beer and wine only,on the premises specified,solely in the original package not for consumption on the premises. The per year license fee is six hundred sixty dollars ($660.00). 2. Class B-2: Package stores for the retail sale of alcoholic liquor limited to beer and wine plus one additional alcoholic liquor only, on the premises specified,solely in the original package not for consumption on the premises. The local liquor control commission shall have the sole discretion for determining the one additional alcoholic liquor in addition to beer and wine being sold, all of which being in the original package not for consumption on the premises.There shall be no exterior signage on any premises issued a class B-2 liquor license • indicating or advertising the sale of alcoholic liquor. The per year license fee is seven hundred seventy dollars ($770.00). J a • 3. Class B-3: Package stores for the retail sale of alcoholic liquor limited to beer and wine only, on the premises specified, sold only in the original package not for consumption on the premises. A B-3 license shall also be subject to the following additional conditions: a) there shall be no exterior signage on the outside of the licensed premises advertising the sale of alcoholic liquor; b) sales of beer shall be limited to packages of 6-packs or more,and the sale of single serving containers of beer is prohibited including, but not limited to, forty (40) ounce containers; c)the placement of cold product of alcoholic liquor shall be limited to three (3) coolers; d) the shelf space for the p I acement/di splay of warm product of alcoholic liquor shall be limited to shelf space sixteen feet(16')long and five feet(5')tall;and e) the floor space devoted to the sale of alcoholic liquor at the licensed premises shall be less than three percent (3%) of the total floor space of the licensed premises. The license fee per year is six hundred sixty dollars ($660.00). E. Classes C And C-1: 1. Class C: Incorporated clubs,not for profit, as defined in this chapter: consumption on premises only. The license fee per year is three hundred ninety-six dollars ($396.00). The term "premises" shall include any adjoining outside areas and accessory buildings utilized in conjunction with the licensee's principal establishment such that the sale and consumption of alcoholic liquors will be permitted on such adjoining open areas and adjacent accessory buildings during special events on the licensed premises. 2. Class C-1: For the sale of alcoholic liquor to members and guests of members of a"private golf club",as defined in this subsection E2,for consumption on the premises occupied by such private golf club only. For the purposes of this subsection, "private golf club" shall include any association of persons which excludes the general public from its premises and where such premises includes an eighteen (18) hole regulation golf course and related facilities. Membership to any such private golf club shall be regulated by articles or bylaws and upon election to membership in any such private golf club, the member's name shall be enrolled on a list of members which shall be kept on the premises of such private golf club and be subject to inspection. For the purposes of this subsection,the term "premises" shall include any restaurants, snack shops, tennis courts, swimming pools, sun decks, golf courses, golf carts, athletic facilities and all adjoining exterior areas and accessory buildings utilized in conjunction with the • licensee's principal establishment which are not open to the general public. A licensee holding a class C-1 license may sell or permit to be r sold alcoholic liquors Sunday through Thursday from six o'clock • (6:00) A.M. until one o'clock (1:00) A.M. the following day; Friday and Saturday from six o'clock (6:00) A.M. until two o'clock (2:00) A.M. the following day; New Year's Eve until three o'clock (3:00) A.M.the following day. The annual fee for such license shall be three hundred ninety-six dollars ($396.00). F. Classes D And D-1: 1. Class D: Hotels and motels operating a dining room as a service; consumption on premises only. The license fee per year is seven hundred ninety-two dollars ($792.00). 2. Class D-1: Hotels and motels, for incidental consumption on the premises only in conjunction with customer hospitality services being provided by the hotel or motel staff. The license fee per year is one hundred ten dollars ($110.00). G. Class E: 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 not less than one hundred fifty(150)persons at any one time, that fifty percent (50%) 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 fifty percent (50%) or more of the floor area of the establishment must be utilized for dining room areas for the regular service of meals.The license fee per year is seven hundred ninety-two dollars ($792.00). H. Classes E-1, E-2 And E-3: 1. Class E-1: 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 for establishments located in the CC 1 center city zoning district and east of the Fox River; 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 not less than seventy five (75) persons at any one time,that fifty percent(50%)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 fifty percent(50%)or more of the floor area of the establishment must be utilized for dining room areas for • the regular service of meals. The license fee per year is five hundred seventy-two dollars ($572.00). 2. 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 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.For the purposes of this subsection, "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. 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 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 subsection H2 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. The license fee per year is six hundred sixty dollars ($660.00). 3. Class E-3: 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 not less than • sixty (60) persons at any one time, that sixty five percent (65%) 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. There shall be no signage outside a restaurant holding a class E-3 liquor license indicating or advertising the sale of alcoholic liquor. For the purposes of this subsection, "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. 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 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 subsection H3 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. The license fee per year is six hundred sixty dollars ($660.00). I. Classes F And F-1: 1. Class F: For the sale by service bar in restaurants, as defined in article 1, paragraph 2.23 of the Illinois liquor control law, of beer and wine for consumption on the premises. For the purpose of this subsection, "sale by service bar" shall mean those sales whereby the licensee or his employees serve beer or wine in conjunction with a meal to patrons who are seated at a table where the patrons consume said food, beer and wine. A class F license shall be granted only to restaurants engaged primarily in the sale of food for consumption on the premises; it being the intent and purpose of this section to permit the sale of liquor only as an incident or accompaniment to the serving of meals in dining places of good repute. All liquor sold under this subsection I1 shall be for consumption upon the premises in the restaurant only, and it is unlawful and cause for revocation of the license to sell any alcoholic liquor for consumption off the premises or in packages. The license fee per year is three hundred seventy-four • dollars ($374.00). 2. Class F-1: For the sale by service bar in restaurants, as defined in • article I, paragraph 2.23 of the Illinois liquor control law, of beer, wine and one additional alcoholic liquor for consumption on the premises,provided any such restaurant constitutes what is commonly referred to as an "ethnic" restaurant 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 ethnic restaurant. For the purpose of this subsection I2, "sale by service bar" shall mean those sales whereby the licensee or his employees serve beer or wine in conjunction with a meal to patrons who are seated at a table where the patrons consume said food, beer and wine. A class F-1 license shall be granted only to ethnic restaurants engaged primarily in the sale of food for consumption on the premises; it being the intent and purpose of this subsection I2 to permit the sale of liquor only as an incident or accompaniment to the serving of meals in ethnic dining places of good repute.The local liquor control commission shall have the sole discretion for determining whether an establishment constitutes an ethnic restaurant within the meaning of this subsection I2 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 ethnic restaurant. All liquor sold under this subsection 12 shall be for consumption upon the premises in the ethnic restaurant only, and it is unlawful and cause for revocation of the license to sell any alcoholic liquor for consumption off the premises or in packages. The license fee per year is five hundred fifty dollars ($550.00). 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 6.06.15013 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 four hundred forty dollars ($440.00). 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 eleven dollars ($11.00). 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 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,A-1,AA,D,E,E-1,E-2, F,F-1,M,N,N-1, O, 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 eleven dollars ($11.00). M. Class J: For retail sales of alcoholic liquor on a not for profit basis in conjunction with hors d'oeuvres and/or meals as provided by a catering service provider during special events sponsored and conducted by a corporation or association on serving employees or business related guests exclusively. All liquor provided under this subsection shall be for consumption upon the premises of the corporation or association only,and it is unlawful and cause for revocation of the license to sell any alcoholic liquor for consumption off the premises or in packages. This license shall authorize and include up to and including twenty(20) such special events per licensed year. The license fee per year is three hundred seventy-four dollars($374.00). 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 6.06.15013 of this chapter,subsection 12.08.0101 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 forty-four dollars ($44.00). O. 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 consumption of alcoholic liquor on any public property or park as provided by subsection 6.06.15013 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 cosponsor 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. 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, A-1, AA, D, E, E-1, E-2, F, F-1, M, N, N-1, O, 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 security plan shall include a system of badges, plastic bracelets or other such approved device so as to identify spersons legally authorized to purchase and consume alcoholic liquor. The license fee per special event is forty-four dollars ($44.00), however, there shall be no license fee for any special event on the premises of the Elgin Art Showcase. P. Class M: For the retail sale,on the premises specified,of alcoholic liquor for consumption on the premises only for establishments located in the Grove subdivision, said subdivision being in the southeast quarter of section 19,and in the northeast quarter of section 30, all in township 42 north, range 8, east of the third principal meridian in Kane County,Illinois,and said subdivision generally being bounded on the east by Randall Road,on the west by Vantage Drive,on the north at a distance approximately 1075 feet north of Northwest Parkway, and on the south at a distance approximately 375 feet south of Technology Drive. A licensee holding a class M license may sell or permit to be sold alcoholic liquors daily from six o'clock(6:00)A.M. until three o'clock(3:00)A.M.the following day. A licensee holding a class M license may also sell or permit to be sold alcoholic liquors on the Wednesday immediately preceding Thanksgiving Day from six o'clock (6:00) A.M. until four o'clock (4:00) A.M. the following day and on New Year's Eve from six o'clock(6:00)A.M. • until four o'clock(4:00) A.M. the following day. The retail sale of alcoholic liquor for consumption on or within any exterior area adjoining the licensed premises, including, but not limited to, a beer garden, patio area or other similar exterior,unroofed or otherwise wholly unenclosed area adjoining and utilized in conjunction with the licensed premises, shall be permitted daily from nine o'clock (9:00) A.M. until one o'clock (1:00) A.M. the following day. A licensee holding a class M license may sell or permit to be sold alcoholic liquor for consumption at a special event off the site of a licensed premises during a special or themed event being conducted on Bushwood Drive upon obtaining a class M special event permit. An application for a class M special event permit shall be filed with the city clerk. The chairman of the local liquor commission may,upon proper application showing conformance with all legal requirements, grant a class M special event permit without conducting a public hearing thereof. In the event the chairman of the local liquor commission declines to grant an application for a class M 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. Any such class M special event permit shall also be subject to the following: i I. Applications for a class M special event permit shall be executed both by the class M licensee and the owner of the property at which the special event is proposed to be conducted. 2. No class M special event permit shall be issued for more than three (3) consecutive days. No more than five (5) class M special event permits shall be issued to any licensee during any one calendar year. 3. The hours of a class M special event shall last no later than one o'clock (1:00) A.M. 4. Proof of dramshop insurance verifying coverage for the special event shall be provided by the class M licensee prior to the issuance of a special event permit. There shall be no exterior signage on any premises issued a class M liquor license indicating or advertising the sale of alcoholic liquor. The license fee per year is two thousand two hundred dollars ($2,200.00). Q. Classes N And N-1: 1. Class N: For the retail sale of alcoholic liquor at the riverboat gaming pavilion on the premises commonly known as 250 South Grove Avenue, Elgin, Illinois, in the following areas: a. First floor; designated restaurant area in conjunction with the service of meals for consumption on the premises. b. First floor; designated food court, snack bar and all seating areas for consumption on the premises. c. First floor;designated tavern area for consumption on the premises. d. Second floor; designated banquet facility for consumption on the premises. The term"premises" shall include any adjoining interior areas utilized in conjunction with the first floor designated food court, snack bar and seating areas. The term "premises" shall also include any adjoining exterior terrace areas utilized in conjunction with the designated area. • The first floor designated tavern area shall be subject to the • restrictions for a class A license as set forth under subsection 6.06.140N of this chapter, as amended, relating to the admission of persons who have not attained the age of twenty one (2 1)years. The license fee per year is eight hundred eighty dollars ($880.00). 2. Class N-1: For the retail sale of alcoholic liquor at the riverboat gaming pavilion on the premises commonly known as 250 South Grove Avenue, Elgin, Illinois, in the following areas: a. Second floor; designated lounge area for consumption on the premises with admission thereto being limited to members and their guests only of the private club known as the Brighton lounge. The term "premises" shall include the adjoining exterior terrace areas used in conjunction with the designated area. Said designated lounge area shall be subject to the restrictions for a class A license as set forth under subsection 6.06.140N of this chapter, as amended, relating to the admission of persons who have not attained the age of twenty one (21) years. The license fee per year is six hundred sixty dollars ($660.00). R. Class P: For the retail sale of alcoholic liquor by a bona fide catering business • with headquarters within the city. Sales by a catering business may be made only for consumption at a private party when the food for said party is catered by the licensee and when the alcoholic liquor and food are served by the catering business. Such private parties shall not be open to the public and no admission charge shall be levied to guests of such a private party. Such sales by a catering business shall be made only at the registered office of the licensee,which shall be the licensed premises.The annual license fee per year is two hundred twenty dollars ($220.00). S. Class Q: For the sale of alcoholic liquor limited to wine only, by a bona fide auction business with offices within the city on the premises specified, for use or consumption, or for resale by an Illinois liquor licensee in accordance with provisions of this title and other requirements of law on the premises specified. Prior to any auction sales of wine the licensee shall require all persons intending on bidding to produce identification establishing that all such persons are twenty one(2 1)years of age. The license fee per year is four hundred forty dollars ($440.00). T. Classes R And R-1: 1. Class R: For the retail sale by a nightclub, on the premises specified, of alcoholic liquor for consumption on the premises only for • establishments located in the CC 1 center city zoning district and east of the Fox River. A licensee holding a class R license may sell or permit to be sold alcoholic liquors only on Fridays and Saturdays ifrom nine o'clock (9:00) P.M. until four o'clock (4:00) A.M. the following day and on two (2) other days during the week from eight o'clock(8:00)P.M.until three o'clock(3:00)A.M.the following day. Class R licensees shall notify the liquor commission in writing as to the specific weekday or weekdays that sales will be conducted and shall not change such weekday or weekdays without providing the liquor commission prior written notice. A licensee holding a class R license may also sell or permit to be sold alcoholic liquors on the Wednesday immediately preceding Thanksgiving Day from nine o'clock (9:00) P.M. until four o'clock (4:00) A.M. the following day and on New Year's Eve from nine o'clock (9:00) P.M. until four o'clock (4:00) A.M. the following day. In the event a nightclub seeking a class R license is a private club with admission limited to members and their guests only,the application and any license issued for such an establishment shall so provide admission and the sale of alcohol at such an establishment shall be limited to members and their guests only. The license fee per year is three thousand eighty dollars ($3,080.00). 2. Class R-1: For the retail sale, on the premises specified, of alcoholic liquor for consumption on the premises only for establishments located on a parcel in the CC center city zoning district and east of the Fox River, or on a parcel in the CC2 center city zoning district and east of the Fox River that is either contiguous to or separated by a public right of way from the boundary of the CC 1 center city zoning district. A licensee holding a class R-1 license may sell or permit to be sold alcoholic liquors only on Fridays and Saturdays from nine o'clock (9:00) P.M. until four o'clock (4:00) A.M. the following day and on one other day during the week from eight o'clock(8:00)P.M. until two o'clock(2:00)A.M.the following day.A licensee holding a class R-1 license may also sell or permit to be sold alcoholic liquors on the Wednesday immediately preceding Thanksgiving Day from nine o'clock(9:00)P.M. until four o'clock(4:00)A.M. the following day and on New Year's Eve from nine o'clock (9:00) P.M. until four o'clock (4:00) A.M. the following day. The license fee per year is three thousand eighty dollars ($3,080.00). U. Class S: For the retail sale by banquet facilities,on the premises specified,of alcoholic liquor for consumption on the premises only. Banquet facilities shall consist of a business for which the exclusive activity is the catering of private parties where there is service for consumption at tables of a full multiple course meal or hors d'oeuvres, buffet or smorgasbord, and at which alcoholic liquor may be served or sold incident to such food service. Each of • such private parties at a banquet facility shall be prearranged under the sponsorship of a particular person or organization, including,but not limited to,wedding dinners, school graduation dinners,periodic meetings of service organizations and political fundraising events. Banquet facility events shall not be open to the general public except by appointment or special invitation. No admission charge shall be levied to guests at such banquet facility events except for bona fide political fundraising events or bona fide charitable fundraising events sponsored by a not for profit corporation or association registered with the state. The annual license fee per year is three thousand eighty dollars ($3,080.00). V. Class T: For the incidental retail sale of beer, wine and liqueurs for consumption on the premises where sold and for the incidental retail sale of beer, wine and liqueurs in the original package not for consumption on the premises where sold. For the purposes of this section, "liqueur" shall mean any of the various strong sweet alcoholic spirits flavored with aromatic substances usually drunk after a meal. The retail sale and consumption on the premises of alcoholic liquor commonly known as "hard liquor", including, but not limited to, gin, rum, tequila, vodka and whiskey, is expressly prohibited under the class T liquor license. In addition to any other restrictions and conditions set forth in this title, class T liquor licenses shall be subject to the following restrictions and conditions: 1. The primary business of the licensee shall be the sale of gourmet food products for consumption on or off the premises where sold. For the purposes of this section, "gourmet food products" shall mean high quality food that is sophisticated, expensive, rare or meticulously prepared, including coffee and tea products. 2. The sale of alcoholic liquor authorized to be sold by the class T liquor license shall be incidental to the sale of gourmet food products. a. The test to determine whether the sale of alcoholic liquor is incidental to the primary business of selling gourmet food products 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 all products other than alcoholic liquor during the period in which the license is granted. 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. It shall be a condition to the renewal of a class T liquor license that, for the period during which the applicant for renewal was a licensee in such class, the licensee's gross revenue from the sale of alcoholic liquor authorized to be sold by the class T liquor license i does not exceed five percent (5%) of the licensee's gross revenue from the sale of gourmet food products in the ordinary course of business by the licensee. d. 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 gourmet food products. 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 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. e. Should the local liquor control commission determine that the licensee is not attempting in good faith to comply with the provisions concerning the sale of alcoholic liquor authorized to be sold by the class T liquor license as an incidental part of a gourmet food business, and within the limitations imposed upon the gross revenue from the sale of alcoholic liquor as provided in this section, the local liquor control commission may impose a fine upon the licensee, revoke or suspend the license, or impose a fine in addition to revoking and suspending the license in accordance with the provisions of this title. 3. The alcoholic liquor authorized to be sold by the class T liquor license shall not occupy more than ten percent (10%) of the shelf space in the public portion of the licensed premises and shall not be visible from the exterior of the premises. 4. The sale of alcoholic liquor authorized to be sold by the class T license shall not be advertised or otherwise promoted in any way. Menus, menu boards, table or countertop displays utilized in the licensed premises referencing the sale of alcoholic liquor shall not constitute advertising or promotion for the purposes of this subsection. 5. The package liquor business must be operated and maintained in a physically separate manner from the retail sale of gourmet food products businesses on the premises. i 6. The annual fee for such liquor license shall be one hundred ten dollars ($110.00). W. Class U and U-l: 1. Class U: For the retail sale of alcoholic liquor on the specified premises in any public place kept, used, maintained, advertised and held out to the public as a place where meals are served, and where meals actually are served and regularly served, without sleeping accommodations, such space being provided with adequate and sanitary kitchen facilities licensed and certified pursuant to the city's retail food stores and food service establishments sanitation code, 77 Illinois administrative code 750,and with dining room equipment and capacity and having employed therein a sufficient number and kind of employees to prepare,cook and serve suitable food for its guests.The intent of this license classification is that the primary business conducted on the premises to be licensed shall be the service of meals in a restaurant that also has an integrated tavern area. A full menu, including entrees and appropriate side dishes, shall be available at all times liquor sales are being conducted until ten o'clock(10:00) P.M. Sunday through Thursday, and eleven o'clock (11:00) P.M. Friday • and Saturday. After such times, in the event a full menu is not provided, a reduced menu, which includes only appetizers, sandwiches, snacks, hors d'oeuvres or other similar foods, shall be available. Provided, the kitchen may cease operating no sooner than one hour before closing. A licensee holding a class U license may sell or permit to be sold alcoholic liquors daily from six o'clock (6:00) A.M. until three o'clock (3:00) A.M. the following day. A licensee holding a class U license may also sell or permit to be sold alcoholic liquors on the Wednesday immediately preceding Thanksgiving Day from six o'clock(6:00) A.M. until four o'clock(4:00) A.M. the following day and on New Year's Eve from six o'clock (6:00) A.M. until four o'clock(4:00)A.M. the following day.All such liquor service shall be by the drink only,excepting vinous beverages by the bottle or carafe, or beer by the pitcher of a capacity not to exceed sixty (60) ounces. There shall be no exterior signage on any premises issued a class U liquor license indicating or advertising the sale of alcoholic liquor. The license fee per year is one thousand one hundred dollars ($1,100.00). 2. Class U-1: For the retail sale of alcoholic liquor on the specified Spremises in any public place kept, used, maintained, advertised and held out to the public as a place where meals are served, and where meals actually are served and regularly served, without sleeping accommodations, such space being provided with adequate and sanitary kitchen facilities licensed and certified pursuant to the city's retail food stores and food service establishments sanitation code, 77 Illinois administrative code 750,and with dining room equipment and capacity and having employed therein a sufficient number and kind of employees to prepare,cook and serve suitable food for its guests.The intent of this license classification is that the primary business conducted on the premises to be licensed shall be the service of meals in a restaurant that also has an integrated tavern area. A full menu, including entrees and appropriate side dishes, shall be available at all times liquor sales are being conducted until ten o'clock(10:00)P.M. Sunday through Thursday, and eleven o'clock (11:00) P.M. Friday and Saturday. After such times, in the event a full menu is not provided, a reduced menu, which includes only appetizers, sandwiches, snacks, hors d'oeuvres or other similar foods, shall be available. Provided, the kitchen may cease operating no sooner than one hour before closing. There shall be no exterior signage on any premises issued a Class U-1 liquor license indicating or advertising the sale of alcoholic liquor. The license fee per year is one thousand one hundred dollars ($1,100.00)." X. Class W: For the retail sale of alcoholic liquor, in the original package container, provided that such sale shall be: 1) pursuant to orders placed by telephone, facsimile, electronic mail, U.S. mail or the internet; 2) for future delivery only, and where such delivery to the customer is by U.S. mail or common carrier, with restricted delivery to a customer only upon proof presented by the customer that such customer is twenty one(2 1)years of age or older; 3) processed with a shipping container that is clearly labeled to indicate that the package cannot be delivered to a person under the age of twenty one(2 1)years;4)for consumption on the customer's premises and not for resale. There shall be no mandatory closing time for a class W license. Notwithstanding the provisions of subsection 6.06.090A of this chapter prohibiting the issuance of a retail alcoholic liquor dealer's license for any premises classified as residential under the city's zoning ordinance,the local liquor control commission may grant a class W license for any such premises classified as residential under the city's zoning ordinance provided the use of the premises for the purposes of the class W license fully comports with all • applicable provisions of the city's zoning ordinance. The annual license fee shall be one hundred ten dollars ($110.00). Y. 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,makeup, 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 five o'clock(5:00)P.M.until ten o'clock (10:00) P.M. and Saturday and Sunday from nine o'clock (9:00) A.M. until five o'clock(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 (2) 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 subsection, "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 Sstandards 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 one hundred ten dollars ($110.00). Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. David J. Kaftainjdayor Presented: March 21, 2012 Passed: March 21, 2012 Vote: Yeas: 6 Nays: 0 �RasFU,m,k� Recorded: March 21, 2012 Published: March 23, 2012 o Attest: Kimberly Dewi ,6ty Clerk