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HomeMy WebLinkAboutG40-15 Ordinance No. G40-15 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" WITH RESPECT TO CERTAIN REGULATIONS FOR THE CLASS U LIQUOR LICENSE CLASSIFICATION WHEREAS, Section 5/4-1 of the Illinois Liquor Control Act (235 ILCS 5/4-1) authorizes cities to determine the number, kind and classification of licenses, for sale at retail of alcoholic liquor, and to establish such further regulations and restrictions upon the issuance of and operations under local licenses not inconsistent with law as the public good and convenience may require; and WHEREAS, the City of Elgin is a home rule unit and pursuant to Article VII Section 6 of the Illinois Constitution may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the part to regulate for the protection of the public health, safety, morals and welfare; and WHEREAS, the regulation of alcoholic liquor dealers and the protection of the public health, safety and welfare and providing for the public good and convenience are subjects within the city's home rule authority pertaining to the city's government and affairs; and WHEREAS, the city council finds that it is necessary and desirable to clarify and amend certain regulations with respect to the Class U liquor license classification; and WHEREAS, the city council finds that the amendments as provided in this ordinance and this ordinance are necessary to protect the public health, safety and welfare and are for the public good and convenience; and WHEREAS, the amendments as provided in this ordinance and this ordinance are authorized by law and are adopted pursuant to the city's home rule authority. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the foregoing recitals are incorporated into, and made part of this ordinance, as findings of the city council. Section 2. 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 T thereof which relates to the Class U liquor license classification as follows: "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 to serve meals to not less than forty-five (45) persons at any one time, and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests. 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. 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 a 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 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 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 liquor license indicating or advertising the sale of alcoholic liquor. The license fee per year is one thousand one hundred dollars ($1,100.00)." Section 3. That Section 6.06.117 of the Elgin Municipal Code, 1976, as amended, entitled "Service Hours" be and is hereby further amended by amending subparagraph A thereof to read as follows: - 2 - "A licensee holding a class A, AA, B, B-1, B-2, B-3, B-4, B-5, C, D, E, E-1, E-2, E-3, E-4, F, F-1, F-2, G, H, I, J, S, U or Z license may sell or permit to be sold alcoholic liquors only between the following hours: Monday through Thursday: Six o'clock (6:00) A.M. until one o'clock (1:00) A.M. the following day. Friday and Saturday: Six o'clock (6:00) A.M. until two o'clock (2:00) A.M. the following day. Sunday: Nine o'clock (9:00) A.M. until one o'clock (1:00) A.M. the following day. New Year's Eve: Three o'clock (3:00) A.M. the following day." Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of any such conflict. Section 5. That this ordinance shall be in full force and effect from and after September 1, 2015, upon its passage and publication in the ma h ,er provie es by law. f.1 /' i David J. Ka.:in, M. or Presented: August 26, 2015 M OF EC Passed: August 26, 2015 :. '1 O • •• Vote: Yeas: 9 Nays: 0 S(✓` Lo ` Recorded: August 26, 2015 a 'y ._ ' Published: August 28, 2015 ' ,, r Iva Attest: nQr :,, )Y(///a/h11./e ' Kimberly Dewis, Cit Clerk - 3 -