G22-76 Ordinance No. G22-76
AN ORDINANCE
PROVIDING FOR THE REGULATION OF THE SALE OF ALCOHOLIC LIQUORS AT RETAIL
WHEREAS, the sale of alcoholic liquors at retail in the City of Elgin
is a matter effecting the public health, safety and welfare of the residents
of the City of Elgin; and
WHEREAS, the City of Elgin is a home rule unit authorized to exercise
any power and perform any function relating to its government and affairs;
and
WHEREAS, the regulation and control fief sale of alcoholic liquors at
retail is a power and function relating to the government and affairs of the
City of Elgin.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS:
Section 1. That in the exercise of its home rule powers the City of
Elgin hereby amends Chapter 24 of the Municipal Code of Elgin, Illinois,
to read as follows:
"Alcoholic Liquor Dealers
1. Definitions 7. Transfer of License
2. License Required 8. Change of Location
2.1. Local Liquor Control Commission. 9. Offenses by Licensee
3. Employee Permits 10. Offenses by other than Licensee
4. Licenses 11. Revocation or Suspension
5. Limitation on Issuance of Licenses 12. Appeals--Procedure
6. Change in Personnel 13. Penalties
24-1. Definitions. Words or phrases as used herein shall be defined as
provided by Article I of Chapter 43, Ill. Rev. Stat. , 1975, as amended. The
words "person" or "persons" shall include individuals, partnerships, firms,
associations and corporations.
24-2. License Required. No person shall sell, barter, transport, deliver,
solicit or receive orders for, keep or expose for sale, keep with intent to sell,
or furnish any alcoholic liquor for beverage purposes for sale at retail, with-
out first license to do so by the Local Liquor Control Commission of the City of
Elgin.
24-2-1. Local Liquor Control Commission. That for purposes of the admin-
istration of this ordinance there is hereby established a Local Liquor Control
Commission that shall be charged with the administration of the laws of the State
of Illinois and the City of Elgin pertaining to the sale of alcoholic liquor.
The Commission shall be composed of three members and shall include the Mayor
and two councilmen. The Mayor shall serve as Chairman of the Commission; council-
men members shall be chosen to serve for one year terms expiring on May 1 of each
year; no councilman shall be reappointed to the Commission until all other members
of the City Council have served as members of the Commission. In addition to the
regular members of the Local Liquor Control Commission, one licensee shall be
appointed by the City Council to serve as an additional ex-officio member of the
Local Liquor Control Commission. Such advisory member shall be appointed from a
list of three names which shall be submitted by or on behalf of the license holders
to the City Council. The term of such ex-officio member shall be one year. Such
ex-officio member shall not participate in any hearing to suspend or revoke a
license for cause and shall not be entitled to vote on any matter but shall
render advice and information concerning the retail sale of alcoholic liquor
so as to enable the Local Liquor Control Commission to effectively and efficiently '
perform its duties under this ordinance.
24-3. Employee Permits. It shall be unlawful for any holder of a license
required for retail sales of alcoholic liquors to employ any person to sell or
serve alcoholic liquors who is not the holder of an employee permit issued by
the Local Liquor Control Commission. Employee permits may be issued by the
Local Liquor Control Commission upon written application and shall remain in
force and effect for a period of not more than three years and be subject to
revocation for cause by the Commission. Permits shall be issued only to
persons eligible to obtain a license for the sale of alcoholic liquor. Applica-
tion for a permit shall be made on such forms as may be approved by the Commis-
sion. A temporary permit may be issued to any applicant for a period not to
exceed 30 days. Such temporary permit shall expire upon issuance of the permit
applied for, or at such time as the Commission may determine that the applicant
is not entitled to a permit.
Class A -- for the retail sale, on the premises specified, of
alcoholic liquor for consumption on the premises only -- $ 1,000.00
Class AA-- for the retail sale, on the premises specified, of
alcoholic liquors for consumption on the premises as
well as other retail sales of such alcoholic liquors
which include sales by original package -- $ 1,200.00
Class B -- package stores for the retail sale of alcoholic liquor,
on the premises specified, solely in the original pack-
age not for consumption on the premises -- $ 1,000.00
Class C -- incorporated clubs, not for profit, as defined in this
ordinance - consumption on premises only -- $ 600.00
Class D -- hotels and motels operating a dining room as a service -
consumption on premises only -- $ 1,500.00
Class E -- for the retail sale in restaurants, as defined in Arti-
cle I, Paragraph 2.23 of the Illinois Liquor Control
Law, of alcoholic liquor for consumption on the premises,
expressly providing, however, that such licenses'shall
be issued only to establishments having a regular capa-
city, in accordance with existing City and State Public
Health and Fire Prevention Ordinances and Statutes, to
serve meals to not less than 150 persons at any one
time -- $ 1,500.00
Class F -- for the retail sale of alcoholic liquors in buildings of
golf courses owned by the City of Elgin in connection
with the operation of an established food serving
facility during times when food is dispensed for con-
sumption upon the premises
a) operation by City of Elgin No Fee
b) operation by independent contractor $ 1,000.00
(b) Number of Licenses to be Issued. The number of Class A and Class AA
licenses shall not exceed a combined total of 30 in number. A holder of a
Class AA license who desires to surrender said license and acquire a Class A
license shall dispose of all inventory of packaged goods within 30 days after
the issuance of the Class A license. The number of Class B licenses shall not
exceed eleven in number based upon the 1972 City of Elgin U.S. Census figures;
an additional Class B license shall be authorized for each increase of 5000
persons in excess of the 1972 census as determined by an official census con-
ducted by the United States Census Bureau.
(c) Applications--where filed. Applications shall be directed to and
filed with the Local Liquor Control Commission; shall be filed in duplicate and
shall be accompanied by the deposit of a certified or cashier's check, Postal
Money Order or cash in the full amount of the annual license fee required to be
paid for the kind of license applied for, provided that if any such fee shall be
payable in more than one payment, such deposit shall be in the amount of the
first payment only. If any such application is denied, the deposit required
shall be returned to applicant by the Local Liquor Control Commission.
(d) Contents of Application. All applications shall be on forms approved
by the Local Liquor Control Commission and provided by the City; shall be executed
by applicant seeking license; shall be under oath stating all material informa-
tion required in Article VII, Section 1 of said "Act relating to alcoholic liquors."
Application shall be accompanied with form of bond showing names and qualifications
of sureties, but such bond need not be executed by sureties prior to approval of
application by the Local Commission. Such bond shall be a joint and several bond
executed by applicant with good and sufficient sureties residing in the City of
Elgin or licensed to do business in the State of Illinois, in the sum of Five
Thousand Dollars ($5,000.00) conditioned upon true and faithful compliance with
this ordinance and the laws of the State of Illinois relating to alcoholic liquors,
and conditioned further for the payment of fines, penalties, and judgments levied
against licensee for offenses and liabilities arising out of the unlawful sale of
alcoholic liquors, provided, however, that said applicant may substitute for said
bond a policy of insurance in like amount issued by an insurance company approved
by the Local Liquor Control Commission in the form commonly known as "Dram Shop"
insurance.
(e) Manner of Payment--Renewals--Terms. Class A, AA, B and C license fees
shall be payable in two equal installments on May 1st and November 1st of each
year. All licenses shall expire on April 30th next after date of issue.
Failure or neglect to make payment of the second installment of Class A, AA,
B or C license fees on or before the first day of November shall be deemed a
surrender of such license; and upon proper application, such license may be issued
as is otherwise provided.
All license applications shall be stamped with the date of filing and shall
be given a filing number and shall be considered by the Local Liquor Control
Commission in numerical order. Applications for renewal shall be considered in
the same numerical order as determined by the original application filing number.
Failure to make application for renewal ten days or more before expiration date of
license shall be deemed a waiver of priority listing and subsequent application
shall be considered a new application, and a new filing number shall be pro-
"'' vided for such application. Applications for renewal shall be made in same
manner as for new applications except that such application shall state there-
on such fact. Forfeited application listings shall be stricken from the
application list and shall not again be used. There shall bewno property right
in any such license, but priority in application shall receive appropriate con-
sideration whenever all requirements of this ordinance have been met. Nothing
herein shall prevent the City Council from decreasing the number of licenses
which may be issued in the manner provided by law.
24-5. Limitation on Issuance of Licenses. No license shall be issued in
the following instances:
(a) The Local Liquor Control Commission' shall not grant a license for
any premises in any portion of the City such as is classified as "Residential"
by the zoning ordinance of the City of Elgin, except as provided by law. No
non-conforming uses such as may lawfully continue shall be extended to permit
the sale of alcoholic liquors.
(b) No license shall be granted to any person or for any premises not
qualified for such license under the laws of the State of Illinois.
(c) The Local Liquor Control Commissiosg; t' not grant a license for
any premises non which alcoholic liquors for consumption on the premises are
sold except restaurants, hotels, clubs and any bowling alley unless a full view
of the entire interior of the premises may be had from the street. Obstruction
of the view as required shall be ground for revocation of license. The Local
Liquor Control Commission,elleprequire that scaled plans, drawing and photo-
graphs shall be filed with application for license or be supplied thereafter.
rft (d) No Class AA or Class B licenses shall be issued to any person or firm
whose principal business is the retail sale to the general public of products
other than alcoholic liquor. This provision shall not apply to restaurants
serving food for consumption on the premises, nor shall this provision apply to
those establishments whose principal business is the retail sale tie the general
public of products other than alcoholic liquor to whom Class AA (formerly
Class A) or Class B-licenses have baen issued prior to November 1, 1961; such
licenses may be renewed from time to time for the same premises only; providing,
however, should the use of such premises for the sale of alcoholic liquors be
abandoned for a period of ninety days, then no such license shall thereafter be
issued or renewed for such premises so long as the principal business carried
thereon is the retail sale to the general public of products other than alcoholic
liquor.
24-6. Change in Personnel. Changes in personnel of any licensee are subject
to the following:
(a) Any changes in partnerships, officers, directors, persons holding
directly or beneficially more than five percent of the stock or ownership interest,
or managers of establishments licensed under this ordinance, shall be reported in
writing to the Locai Liquor Control Commission:400144a ten days of the change.
All such persons shall meet all the standards of this ordinance and must other-
wise qualify to hold a liquor license. All changes in personnel shall be subject
to review by the Local Liquor Control Commission.
(b) When a license has been issued to a partnership and a change of owner-
ship occurs resulting in a partnership interest by one who is not eligible to
hold a liquor license, said license shall terminate.
(c) When a license has been issued to a corporation and a change takes
place in the officers, directors, or shareholders of more than five percent
r of the stock, or managers resulting in the holding of office or such shares
by one who is not eligible for a license, said license shall terminate.
24-7. Transfer of License. A license shall be purely a personal privilege,
good for not to exceed one year after issuance unless sooner revoked as in this
article provided, and shall not constitute property, nor shall it be subject to
attachment, garnishment or execution, nor shall it be alienable or transferable,
voluntarily or involuntarily, or subject to'being encumbered or hypothecated.
Such license shall cease upon the death of the licensee and shall not descend
by the laws of distribution, provided that executors or administrators of the
estate of any deceased licensee, and the trustee of any insolvent or bankrupt
licensee, when such estate consists in part of alcoholic liquor under the order
of the appropriate court, may exercise the privileges of the deceased or
insolvent or bankrupt licensee after the death of such decedent, or such
insolvency or bankruptcy until the expiration of such license but not longer
than six months after the death, bankruptcy or insolvency of such licensee.
24-8. Change of Location. A liquor license shall permit the sale of
alcoholic liquor only on the premises described in the application and license.
Such location may be changed only upon a written permission to make such change
issued by the Local Liquor Control Commission. No change of location shall be
permitted unless the proposed new location is a proper one for the sale of alco-
holic liquor under the laws of this State and the ordinances of the City.
24-9. Offenses by Licensee. No licensee under the provisions of this
article shall either individually or through his agents or employees:
(1) Sell or possess for sale any package containing alcoholic liquor
unless the same shall have affixed thereto all cancalled revenue stamps which
may be required by law.
(2) Sell alcoholic liquor between the hours of one o'clock a.m. in the
morning and six o'clock a.m. in the morning of any day; provided, however,
that on Sundays such licensees shall only be permitted to sell such alcoholic
liquors as their licenses permits between the hours of twelve o'clock noon of
said day and one o'clock a.m. of the following Monday morning, provided further
that such licensee on Friday and Saturday only shall be permitted to sell alco-
holic liquors as his or her license permits between the hours of 6:00 a.m. in
the morning of each Friday and Saturday and 2:00 a.m. on the next morning;
expressly provided, however, that alcoholic liquors may be sold and served on
licensed premises until 3:00 a.m. on January 1st of each year, to persons who
were actually on the premises as of the normal closing hour, for such date, as
hereinabove provided.
(3) Permit any window display of liquor or other decoration of such a
nature as will obstruct the view of the interior.
(4) Permit any card playing or gambling on the premises.
(5) Permit dancing on premises other than incorporated clubs, unless
the principal business carried on at the same premises is that of a restaurant,
bowling alley, hotel or motel, and a license has been issued for such purposes.
(6) Harbor or permit any intoxicated persons to loiter on the premises
described in the license, or permit any conduct which shall tend to disturb
the peace or quiet of the neighborhood or the premises.
(7) Serve or permit any person to consume any alcoholic liquor in any
e"^ curtained enclosure, rear or side rooms or in any place on the premises not
accessible to view from the street.
(8) Make sales of alcoholic liquor in excess of or contrary to the
authority granted by the license for the premises or in violation of the laws
of the State of Illinois.
(9) Serve any alcoholic beverage to any person for consumption on public
streets or to any persons in motor vehicles on such streets.
(10) Permit any person to consume any alcoholic liquor on the premises
described in the license, unless such alcoholic liquor has been purchased on
the premises.
(11) Employ or permit the employment of any minor in his place of busi-
ness.
(12) Sell alcoholic liquor to any minor, intoxicated person, habitual
drunkard, spendthrift, insane, feebleminded, or distracted person.
(13) Permit any minor to sell, possess, or give away any alcoholic liquor
on the premises for which such license is issued.
(14) To keep open for business or to admit the public or patrons or
customers or persons to any premises licensed under this ordinance for the
�r► retail sale of alcoholic liquors during the hours within which sale of such
f liquor is prohibited or to permit or allow persons, patrons, or customers to
remain in or about the licensed premises either before or after the hours
designated within which the sale and consumption of alcoholic liquors is
prohibited on the licensed premises; provided, however, that restaurants,
clubs, drug stores, hotels and motels may keep their places of business
open subject only to the provisions that no sale at retail of alcoholic
liquors or the consumption by patrons or customers or by the public of alco-
holic liquors shall be permitted or allowed on said licensed premises during
the hours prohibited.
24-10. Offenses by other than Licensee. (1) It shall be unlawful for
any agent, bartender, servant, or employee of a licensee to commit any of the
offenses enumerated in the preceding section.
(2) It shall be unlawful for any person to consume any alcoholic beverage
upon any public street in the city; or in any motor vehicle on any public street
in the city.
(3) It shall be unlawful for any person to consume any alcoholic liquor
on any premises licensed under the provisions of this chapter unless such
alcoholic liquor has been purchased from such license holder.
(4) It shall be unlawful for any person to consume any alcoholic liquor
on any premises licensed under the provisions of this chapter during the hours
when the sale of such alcoholic liquor is prohibited by ordinance.
(5) It shall be unlawful for any minor, intoxicated person, habitual
drunkard or spendthrift to purchase alcoholic liquor. It shall further be
unlawful for any minor or other person to misrepresent the age of any minor
for the purpose of inducing any licensee hereunder to sell or give such minor
"` any alcoholic liquor in violation of this chapter. In every place of business
in the city where alcoholic liquor is sold for beverage purposes there shall
be displayed in a prominent place a card or sign containing a warning to
minors to the effect that they will be subject to the penalties of this chapter
if they purchase or misrepresent their age in the attempt to purchase alcoholic
liquor.
24-11. Revocation or Suspension. Any license granted may be revoked or
suspended for cause by the Local Liquor Control Commission, by notice in writing
served either by registered mail, personally, or posting notice on the premises.
Cause for the suspension or revocation of a license to sell alcoholic
liquor shall include but is not limited to the following:
Violation of any provision of this chapter, indebtedness to the City for
license fees required by any ordinance, violation or criminal laws of the State
of Illinois or the ordinances of the City of Elgin, or misstatement or withhold-
ing on material information in application for license shall be deemed cause
for revocation of license. For the purposes of this section, every licensee
shall be deemed responsible for the unlawful acts of his agents or employees
whether or not such licensee knowingly permits or has actual knowledge of such
unlawful acts.
24-12. Appeals--Procedure. Appeals from orders or action of the Local
Liquor Control Commission may be taken to the State Commission as provided by
r law. The Local Liquor Control Commission shall have the power to make all
necessary rules and regulations governing hearings and shall cause to be pro-
vided forms for applications, bonds, complaints, and such other proceedings as
may properly come before the Local Liquor Control Commission. Any appeal of any
action of suspension or revocation of a retail alcoholic liquor dealers license
by the Local Liquor Control Commission shall be limited to a review of the record
of the proceedings. A record of the proceedings of said hearing by the Local
Liquor Control Commission shall be taken and prepared by a certified court re-
porter in accordance with the statute made and provided.
24-13. Penalties. Any person violating any provision of this chapter
shall be fined not less than twenty-five dollars ($25.00) nor more than two
hundred dollars ($200.00) ; and for a second offense not less than fifty dollars
($50. 00) nor more than five hundred dollars ($500.00) ; and for a third offense
shall be fined not less than one hundred dollars ($100.00) nor more than one
thousand dollars ($1,000.00) . The levy and, or payment of any penalty herein
provided shall not be deemed a waiver of the power of the Local Liquor Control
Commission to suspend or revoke any lciense for cause."
Section 2. That Ordinance No. G12-74 entitled "An Ordinance Authorizing
the Sale of Beer at the Spartan Meadows Golf Course" and Ordinance No. G32-74,
entitled "An Ordinance Amending Ordinance G12-74 Authorizing the Sale of Beer
at Spartan Meadows Golf Course" be and are hereby repealed.
Section 3. That all ordinances or parts of ordinances in conflict with
the provisions of this ordinance be and are hereby repealed.
eft. 204 VOLUME XXXXI
Section 4. That this ordinance shall be in full force and effect from
and after May 1, 1976.
Section 5. That by authority of the City Council this ordinance shall
be published in pamphlet form.
s / Richard L. Verbic
'Richard L. -Verbic, Mayor
Presented: April 14, 1976
Passed: April 28, 1976
Vote: Yeas 6 Nays 1
Recorded: April 28, 1976
Published: April 28, 1976
Attest:
s / Marie Ye rman
Marie Yearman, City Clerk
r
r