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HomeMy WebLinkAboutG54-18 Ordinance No. G54-18 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" REGARDING DISTANCE REQUIREMENTS FROM CHURCHES, SCHOOLS AND OTHER CERTAIN INSTITUTIONS 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 affairs; and WHEREAS, the regulation of alcoholic liquor dealers pertains to the government and affairs of the city; and WHEREAS, Public Act 100-0663 authorizes liquor control commissions to grant exceptions to the prohibition in 235 ILCS 5/6-11(a) which provides for certain distancing requirements for the sale at retail of any alcoholic liquor within 100 feet of any church, school or other specified institutions if a local rule or ordinance authorizes the local liquor control commission to grant that exception; and WHEREAS, the city council of the City of Elgin has determined that it is desirable to amend the City of Elgin Liquor Code to provide for such exemption authority within the city's liquor code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. 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 6.06.016 thereto entitled "Exception to State Statute Regarding Sales Near Churches, Schools and Other Specified Institutions:"to read as follows: "6.06.016: EXCEPTION TO STATE STATUTE REGARDING SALES NEAR CHURCHES, SCHOOLS AND OTHER SPECIFIED INSTITUTIONS: Pursuant to 235 ILCS 5/6-11 (a-5), notwithstanding any provision of 235 ILCS 5/6-11(a) to the contrary, the Local Liquor Control Commission may grant an exception to the prohibition in 235 ILCS 5/6-11(a)." Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of any such conflict.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 3. That this ordinance shall be in full force upon its passage and publication in the manner provided by law. .f David I Kap m, Mayor Presented: September 26, 2018 Passed: September 26, 2018 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: September 26, 2018 Published: September 28, 2018 ::.dA��flUMlyk Attest- Kimberly Dewis, CityQexi x - .