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HomeMy WebLinkAboutG19-16Ordinance No. G19 -16 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" WITH RESPECT TO REGULATIONS FOR THE CLASS R LIQUOR LICENSE CLASSIFICATION, THE YOUNG ADULT NIGHT PERMIT AND A TEEN NIGHT PERMIT WHEREAS, Section 5/4 -1 of the Illinois Liquor Code (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 and may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power 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 desirable to clarify and amend certain liquor license regulations with respect to the Class R liquor license classification, the young adult night permit and to create a new teen night permit; 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 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 RI thereof which relates to the Class R liquor license classification as follows: "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 CC1 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 from ten o'clock (10:00) A.M. until six o'clock (6:00) A.M. the following day and on Sundays through Thursdays from ten o'clock (10:00) A.M. until three o'clock (3:00) A.M. the following day. 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 ten o'clock (10:00) A.M. until four o'clock (4:00) A.M. the following day and on New Year's Eve from ten o'clock (10:00) A.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)." Section 3. That Section 6.06.056 of the Elgin Municipal Code, 1976, as amended, entitled "Young Adult Night Permit:" be and is hereby further amended by amending subparagraphs A and B thereof to read as follows: "A. There is established a young adult night permit to allow the licensee to provide entertainment consisting of, but not limited to, parties, dances, musical and theatrical performances, or other such similar events of an entertaining nature on the licensed premises of the principal establishment for which there is a then currently issued and valid class R license. Admission to an entertainment event being conducted pursuant to a young adult night permit may be solely limited to the members of a private club consisting of members between the ages of seventeen (17) and twenty one (21) and the members' guests. The issuance of a young adult night permit shall only be granted upon the submission and approval of an application to the local liquor control commission. B. Not more than three entertainment events conducted pursuant to a young adult night permit shall occur within any seven (7) day period." Section 4. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled "Alcoholic Liquor Dealers" be and is hereby further amended by adding a new Section 6.06.057 thereto entitled "Teen Night Permit" to read as follows: "6.06.057: Teen Night Permit: A. There is established a teen night permit to allow the licensee to provide entertainment consisting of, but not limited to, parties, dances, musical and theatrical performances, or other such similar events of an entertaining nature on the licensed premises of the principal establishment for which there is a then currently issued and valid class R license. Admission to an entertainment event being conducted pursuant to a teen night permit shall be solely limited to persons between the ages of thirteen (13) and sixteen (16) years old. The issuance of a teen night permit shall only be granted upon the submission and approval of an application to the local liquor control commission. B. Not more than three entertainment events conducted pursuant to a teen night permit shall occur within any seven (7) day period. C. A teen night permit shall expire on April 30, next after the date of issue. D. Notwithstanding subsection 6.06.140N of this chapter, an entertainment event being conducted pursuant to a teen night permit shall be subject to the following age restrictions and identification requirements: No person conducting or operating an entertainment event pursuant to a teen night permit shall permit, either by act or omission, any person under the age of thirteen (13) years to enter or remain on the licensed premises. 2. No person conducting or operating an entertainment event pursuant to a teen night permit shall permit, either by act or omission, any person over the age of sixteen (16) years to enter or remain upon the licensed premises, unless: a. That person is operating or managing the entertainment event pursuant to a teen night permit. b. That person is a bona fide employee of the person operating or managing the entertainment event pursuant to a teen night permit. C. That person is a parent or guardian of an authorized attendee of a teen night permit event. d. That person is over the age of sixteen (16) and has been admitted to a designated floor area of the licensed premises that is separate, distinct and not freely accessible from the floor area of the licensed premises in which the entertainment event conducted pursuant to a teen night permit is being held. The person conducting or operating the teen night event shall require a government issued photo identification card showing the age of each person admitted or seeking to be admitted. 4. Any person who shall by affirmative misrepresentation of age obtain admission to or permission to remain at any entertainment event being conducted pursuant to a teen night permit contrary to the provisions of this section shall be punishable by a fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00). 5. Any person who permits a person to enter or remain at any entertainment event being conducted pursuant to a teen night permit contrary to the provisions of this section shall be punishable by a fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00). E. No alcoholic liquor may be displayed, sold, advertised, served, possessed or consumed within the designated floor area of the licensed premises where an entertainment event conducted pursuant to a teen night permit is being held at any time. F. The sale, use or possession of what is commonly referred to as "glow sticks ", lollipops, menthol inhalers, medicated vapor rub, pacifiers, surgical masks or dust masks shall be prohibited during any event conducted pursuant to a teen night permit. G. An application for a teen night permit shall be submitted to the local liquor control commission and shall contain the following information: 1. The applicant's name, address and day and evening telephone numbers. If the applicant is not a natural person, this information shall be provided for both the applicant and for the natural person making the application on behalf of the applicant. If the applicant is not a natural person, the applicant shall also provide the names, addresses and day and evening telephone numbers of the limited partners, partners, owners and principals of the applicant. 2. The complete address and identification of the areas within the licensed premises in which the teen night event will be conducted. 3. The proposed date or dates on which the entertainment event or events requiring a teen night permit will occur and a description of the proposed entertainment that will be occurring on those dates. 4. The designation of not less than one on site manager who will be in attendance during and following each teen night event and be responsible for the direct operation and oversight of the licensed premises and the supervision of other employees or workers. The on site manager shall have authority to accept complaints, notice of violations and take any corrective actions required by the city. 5. A security plan detailing the manner in which the applicant will maintain order on the licensed premises and ensure compliance with the laws of the state and this code. Any changes to the approved security plan must be submitted and approved by the chief of police not less than five (5) business days before the event. 6. A statement from the applicant that the licensed premises on which the applicant will conduct or operate the teen night event will comply with all laws and other legal requirements, including, but not limited to, building, property maintenance, zoning, health and fire prevention codes; and a statement that the applicant and any employee or agent thereof will, in the conduct of any teen night event, comply with all laws and other legal requirements, including, but not limited to, the building, property maintenance, zoning, health and fire prevention codes. 7. A statement of indemnification from the applicant stating that the licensee shall indemnify and hold the city harmless from any and all losses, claims, actions or damages suffered by any person or persons by reason of or resulting from any negligence of the licensee or its agents, employees, or patrons or on account of any act or omission of the licensee in its exercise of its license or use or occupancy of any premises in connection with such license. In the event any suit or action is brought against the city, the licensee shall, upon notice of the commencement thereof, defend the same, at no cost and expense to the city, and promptly satisfy any final judgment adverse to the city or to the city and the licensee jointly; provided, that in the event the city determines that one or more principles of governmental or public law are involved, the city retains the right to participate in such action. The above liability shall not be diminished by the fact, if it be a fact, that any such death, injury, damage, loss, cost or expense may have been, or may be alleged to have been, contributed to by the negligence of the city or its officers, employees or agents; provided, however, that nothing contained in this section shall be construed as requiring the licensee to indemnify the city against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the city, or its officers, employees or agents. 8. Such other information as the local liquor control commission shall require to ensure the health, safety and welfare of the patrons of a teen night event. 9. A certification or declaration under penalty of perjury under the laws of the state of Illinois that the information and statements in the application are true and correct. H. Any teen night permit issued by the local liquor control commission shall also be subject to the following limitations: 1. The approved security plan shall be followed without any changes unless such change has been submitted to the chief of police in writing not less than five (5) business days before the entertainment event being conducted pursuant to the teen night permit and any such change has been approved by the chief of police prior to the event. 2. Security personnel shall be required for the maximum capacity of the entertainment event at the licensed premises as determined by the chief of police upon receiving the fire chiefs determination regarding the maximum capacity of the licensed premises. The holder of a teen night permit shall notify the local liquor control commission in writing as to any proposed changes regarding the proposed date or dates on which the entertainment event or events requiring a teen night permit will occur and shall not change any designated event dates without first receiving approval from the local liquor control commission. 4. No persons shall be admitted to the licensed premises prior to the opening of the event. 5. Only the holder of a then currently issued and valid class R liquor license for the establishment may apply for a teen night permit. 6. All peace officers of the city shall have free access to an event being conducted pursuant to a teen night permit. 7. No person operating or conducting an entertainment event pursuant to a teen night permit shall permit any person, other than an employee or manager, to leave the licensed premises and return during the course of an event unless that person pays a readmission fee equal to, or greater than, one -half ('/2) of the original price of admission or cover charge. I. A teen night permit shall be limited to the hours between twelve o'clock (12:00) P.M. and ten o'clock (10:00) P.M. J. The annual fee for a teen night permit shall be one hundred dollars ($100.00)." Section 5. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 6. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. David J. Ka n, ayor Presented: April 27, 2016 Passed: April 27, 2016 Omnibus Vote: Yeas: 8 Nays: Recorded: April 27, 2016 Published: April 29, 2016 M & L'ae Kimberly Dewis, Ci y Clerk