G14-86 Ordinance No. G 14-86
AN ORDINANCE
AMENDING SECTION 6.06.055 OF THE ELGIN MUNICIPAL CODE, 1976,
REGARDING ADDITIONAL PERMITS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Section 6.06.055 of the Elgin Municipal Code, 1976, as amended,
be and is hereby further amended to read as follows:
"6.06.055 Additional Permits
A. There is hereby established an extended hours permit to allow the
retail sale of alcoholic liquor for consumption on premises until 4:00 A.M.
every day. Provided, no extended hours permit shall be issued except to
persons holding a valid Class A, AA, C, D or E license and whose establish-
ment includes a restaurant or dining room having a regular dining capacity,
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. No extended hours permit shall be issued to any licensee
whose establishment is located 100 feet or closer to any residential zone as
measured from the boundary line of such residential zone to the building in
which licensee's establishment is located. Provided further, the foregoing
limitation on the issuance of extended hours permits shall not apply to
otherwise qualified establishments located 100 feet or closer to a residen-
tial zone, for which an extended hours permit had been issued prior to
November II, 1985. Such otherwise qualified establishments shall be
permitted to continue sales in conformance with its extended hour permit
and may renew such extended hours permit, until such sales are abandoned
or discontinued or until such permit expires and is not timely renewed
whichever occurs first.
2. Extended hours permits shall not apply to any exterior sales
area as defined in Section 6.06.055(B).
3. Qualified applicants for an extended hours permit shall pay an
annual fee equal to the difference between two thousand five hundred
dollars and the license fee paid by such applicant pursuant to Section
6.06.040 of this chapter for their then current liquor license.
B. There is hereby established an exterior sales permit to allow the
retail sale of alcoholic liquor for consumption on and within any beer
garden, patio area or any similar outside or unroofed or unenclosed areas
(hereafter referred to as exterior sales areas) adjoining and utilized in
conjunction with a principal establishment for which there is a then cur-
rently issued and valid Class A, AA, C, D, E or J license. No alcoholic
liquor may be sold, served or consumed in any exterior sales area without
first obtaining a permit as provided herein.
I. No exterior sales permit shall be issued to any licensee whose
establishment is located 100 feet or closer to any residential zone as
measured from the boundary line of such residential zone to the exterior
sales area. Provided further, the foregoing limitation on the issuance of
exterior sales permits shall not apply to otherwise qualified establishments
located 100 feet or closer to a residential zone, for which an exterior sales
area had been established prior to March 10, 1986. Such otherwise
qualified establishments shall be permitted to apply for, obtain and renew
an exterior sales permit and to continue sales in the previously established
exterior sales area until such sales are abandoned, discontinued or the
exterior sales area is relocated or until the exterior sales permit expires
and is not renewed, whichever occurs first. Provided, the foregoing
notwithstanding, all exterior sales area shall be in conformance with the
foregoing distance limitation no later than March 10, 2001 and no exterior
sales permit shall be issued or effective after such date for any exterior
sales area not in conformance with such distance limitation.
2. No alcoholic liquor may be sold, served or consumed in any
exterior sales area after 12:00 AM Monday through Friday and 2:00 AM on
Saturday and Sunday.
3. Qualified applicants for exterior sales permits shall pay an
annual fee of five hundred dollars. Provided no fee shall be required for
permits issued for exterior sales areas which are engaged in the regular
service of food with alcoholic liquor and which have a total seating
capacity of not more than 20 and which are not covered by a roof or
enclosed by a fence or wall exceeding four feet or contained within or
under a tent.
C. Fees and applications required pursuant to this section shall be
considered license fees and applications for the purpose of Section 6.06.080
of this chapter."
Section 2. That all ordinances or parts of ordinance in conflict with the provisions
of this ordinance be and are hereby repealed.
Section 3. That this ordinance shall be in full force and effect from and after its
passage and publication in the manner provided by law.
Presented: February 24, 1986
Passed: March 10, 1986 s/ Richard L. Verbic
Vote: Yeas 5 Nays 0 Richard L. Verbic, Mayor
Recorded:
Published:
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk