G60-84 (2)r -.
Ordinance No. G60-84
AN ORDINANCE
AMENDING CHAPTER 6.06 ENTITLED ALCOHOLIC LIQUOR DEALERS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS
that Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled Alcoholic
Liquor Dealers, be and is hereby amended as follows:
Section I. That Section 6.06.040 of Chapter 6.06 entitled "Employee Permits" be
and is hereby repealed.
Section 2. That Section 6.06.050 of Chapter 6.06 entitled "License--Classes--Fees"
be and is hereby amended by adding the following to Subsection 6.06.050(J):
No more than five Class I licenses shall be issued to any single not-
for-profit corporation or association during any one calendar year."
Section 3. That Section 6.06.050 of Chapter 6.06 entitled "License--Classes--Fees"
is further amended by deleting therefrom the last paragraph.
Section 4. That Section 6.06.060 of Chapter 6.06 entitled "License--Number to be
issued"be and is hereby amended to read as follows:
The number of Class A and Class AA licenses shall not exceed a
combined total of thirty in number. A holder of a Class AA license who
desires to surrender his license and acquire a Class A license shall dispose
of all inventory of packaged goods within thirty days after the issuance of
the Class A license."
Section 5. That Section 6.06.070 of Chapter 6.06 entitled "License---Application--
Filing--Processing Fee" be and is hereby amended to read as follows:
6.06.070 License--Application--Filing--Processing Fee.
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. In addition to all other fees imposed the applicant shall
also pay a nonrefundable twelve dollars at the time of filing to cover the
cost of processing the application. If any such application is denied, the
deposit, but not the twelve dollar processing fee, shall be returned to the
applicant by the local liquor control commission. Prior to issuance of an
initial Class B license, the applicant shall deposit the sum of Ten Thousand
Dollars ($10,000) with the City Clerk to be placed in the general fund of
the City. However, upon the sale of any business holding a B license issued
prior to the effective date of this ordinance, which sale occurs on or before
April 30, 1992, the liquor control commission may, upon surrender of the
original license, issue a new license to the vendee thereof for the unexpired
period of the original license; provided, however, that such vendee shall
first comply with all the laws of this state and the ordinances of the city
relating to the retail sale of alcoholic liquor. It shall further be the duty of
any licensee under this chapter before the issuance of any license to a new
licensee to submit to the commission a bulk sales affidavit or affidavits in
compliance with the bulk sales provisions of the Uniform Commercial Code
of Illinois or such other applicable statutes governing bulk sales within the
State of Illinois so that the exact amount of indebtedness of the party
selling the business is known and such issuance shall not be executed until
the commissioner is satisfied that adequate provisions are made for the
payment of all obligations relating to said business or license of the seller.
Any license issued to a vendee under the provisions of this section shall not
be eligible to be surrendered to be issued to another purchaser of the
business."
Section 6. That Section 6.06.080 of Chapter 6.06 entitled "License--Application--
Contents" be and is hereby amended by adding the following:
B. Any not-for-profit corporation or association applying for a
Class I license shall be required to engage the services of a vendor
currently having a liquor license issued by the City. The vendor shall
furnish the City with evidence of liquor liability insurance for the site
where alcohol is to be sold. Where the application is for the sale of beer
and wine only application shall be made to the City Clerk. Where the
application is for the sale of alcoholic liquor generally the application must
be approved by the liquor commission."
Section 7. That Section 6.06.090 of Chapter 6.06 entitled "License--Fee Payment--
Renewal"be and is hereby amended to read as follows:
6.06.090 License--Fee Payment--Renewal
A. Except for Class G and I licenses, all license fees shall be due and
payable on or before May I st of each year. The requisite fee shall
accompany all original or renewal applications. Class G and I license fees
shall be due and payable upon application.
B. All licenses, other than Class G and I licenses, shall expire on
April 30th, next after the date of issue. Class G and I licenses shall expire
at the end of the period for which any such license has issued.
C. Failure or neglect to pay the requisite fees in a timely manner
shall be cause for denial of issuance or non-renewal or revocation as the
case may be.
D. 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 provided for such
application. Applications for renewal shall be made in the same manner as
r
for new applications except that such applications shall state thereon such
fact. Forfeited application listings shall be stricken from the application
list and shall not again be used. There shall be no property right in any
such license, but priority in application shall receive appropriate considera-
tion whenever all requirements of this chapter have been met. Nothing in
this chapter shall prevent the City Council from decreasing the number of
licenses which may be issued in the manner provided by law."
Section 8. That Subsection 6.06.100(D) of Section 6.06.100 of Chapter 6.06 entitled
License--Issuance Limitation" be and is hereby repealed.
Section 9. That the following sections of Chapter 6.06, as amended, be and are
hereby redesignated as follows:
Former Sections Title Redesignated
Section
6.06.010 Definitions 6.06.010
6.06.020 Liquor control commission--Established-- 6.06.020
Composition
6.06.030 License--Required 6.06.030
6.06.040 Employee permits Repealed
6.06.050 License--Classes--Fees 6.06.040
6.06.060 License--Number to be issued 6.06.050
6.06.070 License--Application--Filing--Processing fee 6.06.060
6.06.080 License--Application--Contents 6.06.070
6.06.090 License--Fee payment--Renewal 6.06.080
6.06. 00 License--Issuance limitations 6.06.090
6.06. 10 License--Change in personnel 6.06. 00
6-06. 20 License--Transfer 6.06. 10
6.06. 30 License--Revocation--Suspension 6.06. 20
6.06. 40 Change of location 6.06. 30
6.06. 50 Offenses by licensee 6.06. 40
6.06. 60 Offenses by other than licensee 6.06. 50
6.06. 70 Appeals--Procedure 6.06. 60
6.06. 80 Penalty for violations 6.06. 70
Section 10. That all ordinances or parts thereof in conflict with this ordinance be
and are hereby repealed.
Section I I. That this ordinance shall be in full force and effect from and after its
passage and publication in the manner provided by law.
s/ Richard L. Verbic
Richard L. Verbic, Mayor
Presented: November 26, 1984
Passed: December 17, 1984
Vote: Yeas 7 Nays 0
Recorded:
Published:
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk