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Home My WebLink AboutG35-18Ordinance No. G35 -18 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" TO AMEND REGULATIONS RELATING TO THE CLASS S LICENSE AND TO CREATE NEW CLASS P AND P -1 CATERING LICENSES 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; and WHEREAS, the city council of the City of Elgin has determined that it is appropriate to amend certain regulations with respect to the Class S liquor license for banquet facilities and to create new classifications of liquor license for catering businesses. 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 adding a new subparagraph S thereto, and by re- lettering the existing subparagraphs S through W accordingly, with such new subparagraph S thereto to read as follows: "S. 1. Class P: For the retail sale of alcoholic liquor by an off -site bona fide catering business with headquarters within the city. Sales by a catering business may be made only for consumption on the premises at a private party or event when the food for said party or event is catered by the licensee and when the alcoholic liquor and food are served by the catering business. Such private parties or events shall not be opened to the public and no admission charge shall be levied to guests of such a private party. In addition, a bona fide catering business holding a Class P liquor license may sell, dispense or serve alcoholic liquor at a private party or event at a banquet facility in the City holding a Class S liquor license in conjunction with the service of food served by the catering business or served by another authorized food vendor at such banquet facility. Sales by a catering business shall be deemed to be made, and shall be recorded, only at the registered office of the licensee, which shall be the licensed premises. The license fee per year is Five Hundred Dollars ($500.00)." 2. Class P -1: For the retail sale of alcoholic liquor by an off -site bona fide outside catering business which does not have headquarters within the city. Sales by such an outside catering business may be made only for consumption on the premises at a private party or event when the food for said private party or event is catered by the licensee and when the alcoholic liquor and food are served by the catering business. Such private parties or events shall not be opened to the public and no admission charge shall be levied to guests of such a private party or event. In addition to the other requirements for a liquor license under this code, an outside caterer must submit proof of a valid license for the preparation of food service for service off the licensed premises issued by the appropriate licensing authority of the jurisdiction in which the applicant's catering business is located; proof of its ability to store, handle, prepare, transport and serve food in a safe and sanitary manner in accordance with standards no less stringent than imposed by the city; and proof of a valid license for the sale of alcoholic liquor issued by the appropriate licensing authority of the jurisdiction in which the applicant's outside catering business is located. The license fee per year is One Thousand Dollars ($1000.00)." 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 adding subparagraph U thereof relating to the Class S license to read as follows: "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 hors d'oeuvres, a buffet, a smorgasbord, or a full multiple course meal, and at which alcoholic liquor may be served or sold at the table and/or at a full service bar incident to such food service. Each banquet facility event at which alcoholic liquor may be served shall be prearranged under the sponsorship of a particular person or organization, including, but not limited to, wedding, birthday, anniversary, school graduation and other like celebratory dinners, periodic meetings of service organizations, political fundraising events, conferences /conventions, seminars, expositions, consumer or trade shows, art exhibitions or shows, live performances, workshops, fairs or festivals. Banquet facility events shall not be open to the general public, but attendance shall be by appointment or special invitation of the sponsors. No admission charge shall be levied to guests at such banquet facilities, except for a bona fide political fundraising event sponsored by a not for profit corporation or association registered with the State. The Class S license is also subject to the following regulations: As an alternative to the Class S licensee selling and serving alcoholic liquor for a particular banquet event on the premises, the holder of a Class S license or its customers may instead engage the services of a vendor who holds a then current and otherwise valid Class A, A -1, AA, D, E, E -1, E -2, E -3, F, F -1, F- 2, J. P or P -1 liquor license in the City, for the purpose of supplying, opening, dispensing, selling, and/or serving alcoholic liquors on the premises during a banquet facility event, for consumption on the premises only, and only where there is service for consumption at tables of hors d'oeuvres, a buffet, a smorgasbord, or a full multiple course meal. For such an event, alcoholic liquor may be supplied, opened, dispensed, sold and/or served at the table 2 and /or at a full service bar incident to such food service. If a Class S licensee or its customers utilizes such a vendor, such vendor, its employees and servants, shall supply, open, dispense, sell, and /or serve all alcoholic liquors on the premises during said event. 2. As an alternative to selling alcoholic liquor for a particular banquet event on the premises, the holder of a Class S license may instead allow the consumption of alcoholic liquors, on the premises, that have been brought onto the premises by a person or persons who have contracted for a banquet facility event to be held on the premises, for consumption on the premises only, and only where there is service for consumption at tables of hors d'oeuvres, a buffet, a smorgasbord, or a full multiple course meal, subject to the following: a. The licensee or a duly licensed outside vendor holding one of the license classifications listed in subparagraph 1 above, shall take control of such alcoholic liquors promptly upon delivery thereof to the premises, and shall provide BASSET trained servers for the opening, dispensing, sale, and /or serving of such alcoholic liquors during the event. b. Any and all alcoholic liquors shall be opened, dispensed, sold and/or served on the premises only by such servers, and only to attendees of the event. C. A certificate of insurance reflecting coverage for general liability purposes in the amounts otherwise due from and in place for the licensee shall be provided to the licensee by the patron or patrons supplying the alcoholic liquors, and the City of Elgin and the Local Liquor Control Commission of the City of Elgin shall be named as an additional insured on the policy. d. Any alcoholic liquor remaining unserved after the conclusion of the event may be returned to the person or persons who supplied them, to be transported off the premises only in accordance with law. 3. The license fee per year is three hundred ninety six dollars ($396.00)." Section 3. That Section 6.06.040 of the Elgin Municipal Code, 1976, as amended, entitled "License Classes; Fees:" be and is hereby further amended by adding subparagraph L, which relates to the Class I special events license, and subparagraph O, which relates to the Class K -1 special events license upon the premises of city owned property, by amending the listing of license classifications therein by adding a reference to the Class P and P -1 licenses. Section 4. That Section 6.06.050 of the Elgin Municipal Code, 1976, as amended, 3 entitled "Licenses; Number to be Issued:" be and is hereby further amended by adding new subparagraphs V and W thereto, and relettering the existing subparagraphs V through the remainder of such subparagraphs accordingly, with such new subparagraphs V and W to read as follows: "V. The number of Class P licenses shall not exceed zero (0) in number. W. The number of Class P -1 licenses shall not exceed zero (0) in number." Section 5. That Section 6.06.115 of the Elgin Municipal Code, 1976, as amended, entitled "Basset Training Requirements:" be and is hereby further amended by amending the listing of license classifications in subparagraph A thereof by adding a reference to the Class P and P -1 licenses. Section 6. That Section 6.06.117 of the Elgin Municipal Code, 1976, as amended, entitled "Service Hours:" be and is hereby further amended by amending the listing of license classification in subparagraph A thereof by adding a reference to the Class P and P -1 licenses. Section 7. 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 8. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. David J. Kap m, Neayor Presented: June 27, 2018 Passed: June 27, 2018 Vote: Yeas: 9 Nays: 0 Recorded: June 27, 2018 Published: June 28, 2018 Z4645-� / Kimberly Dewis, Cit erk Ell