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Home My WebLink AboutG34-12 Ordinance No. G34-12 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 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 by amending subparagraph D thereof to read as follows: "D. Classes B-1, B-2, B-3, and B-4: 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). 3. Class B-3: 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. 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 placement/display 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). 4. Class B-4: 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. A B-4 license shall also be subject to the limitation that the area(s) used for the displays for the sales of beer and wine shall in total be less than ten percent (10%) of the building floor area of the premises. The license fee per year is six hundred sixty dollars ($660.00)." 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 further amended to read as follows: "A. The number of class A licenses shall not exceed eleven (11) in number. B. The number of class A-1 licenses shall not exceed one (1) in number. • C. The number of class B licenses shall not exceed twenty-three (23) in number. D. The number of class B-1 licenses shall not exceed ten (10) in number. E. The number of class B-2 licenses shall not exceed two (2) in number. F. The number of class B-3 licenses shall not exceed four (4) in number. G. The number of class B-4 licenses shall not exceed one (1) in number. H. The number of class C-1 licenses shall not exceed one (1) in number. I. The number of class E-2 licenses shall not exceed three (3) in number. J. The number of class E-3 licenses shall not exceed three (3) in number. K. The number of class F licenses shall not exceed eleven (11) in number. L. The number of class F-1 licenses shall not exceed two (2) in number. • • M. The number of class M licenses shall not exceed six (6) in number. N. The number of class R licenses shall not exceed one (1) in number. O. The number of class R-1 licenses shal l not exceed one (1) in number. P. The number of class S licenses shall not exceed one (1) in number. Q. The number of class U licenses shall not exceed two (2) in number. R. The number of class V licenses shall not exceed one (1) in number. S. The number of class W licenses shall not exceed one (1) in number. T. The number of class X licenses shall not exceed two (2) in number." Section 3. Section 6.06.060 of the Elgin Municipal Code, 1976, as amended, entitled "Application; Filing; Processing Fee" be and is hereby further amended 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 three hundred dollars ($300.00) 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 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, I or 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, B-2, B-3 or B-4 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 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 upon its passage and publication in the manner provided by law. David J. Rep't a i"n-, ayor Presented: May 23, 2012 • Passed: May 23, 2012 Vote: Yeas: 7 Nays: 0 Recorded: May 23, 2012 �RBSaUWtajs Y' Published: May 25, 2012 � ' Attest: s Kimberly Dewi , ity Jerk •