G42-86 Ordinance No. G42-86
AN ORDINANCE
ESTABLISHING A SPECIAL EVENTS PERMIT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section I. That Elgin Municipal Code, 1976, as amended, be and is further
amended by adding Chapter 13.25 to read as follows:
"Chapter 13.25 Special Events in Public Places
13.25.010 Special Event--Permit Required
A. Special events sponsored and conducted by not-for-profit
corporations or associations either solely or in conjunction with other such
corporations or associations or with a public body may be conducted upon
public property subject to the provisions and restrictions contained herein.
For the purpose of this section, special events shall include festivals, art
fairs and other community based activities.
B. No special event may be conducted upon any public street, park,
mall or other public place without first obtaining a permit as provided
herein.
13.25.020 Permit Application
Organizations desiring to conduct a special event upon public
property shall file an application with the City Clerk on forms provided.
Such application shall include the following information:
1. The name of the applicant.
2. The date(s) upon which the special event would take place.
3. The exact location requested.
4. Whether the applicant is requesting the right to sell
alcoholic liquor.
5. The nature of the event.
6. The activities to be conducted.
7. Such other information as may be necessary, helpful or
appropriate as determined by the City Clerk.
13.25.030 City Council Review--Restrictions
A. The decision to grant or deny a special events license shall be
solely within the discretion of the City Council which may consider public
inconvenience as well as public safety, health and welfare, appropriateness
of the property requested for the activity identified, prior conduct of
applicant or its agents, whether liquor is to be sold, as well as such other
factors as the City Council deems appropriate. The purpose of this section
is to provide a mechanism for requesting temporary use of public property
for special events and in no way creates any rights or privileges in the
applicant. It is within the sole discretion of the City Council to determine
if the requested special event is in the best interest of the people of the
City of Elgin.
B. In granting any special events permit the City Council may
impose such restrictions as it deems appropriate including but not limited
to:
1. Require applicant to provide certificate of insurance naming
the City of Elgin as a primary, non-contributory co-insured with limits
of not less than $500,000 per occurrence and excess coverage of not
less than $5,000,000 covering general liability including personal injury
and property damage. Such certificate shall provide that the insurance
shall not be terminated or not renewed for any reason without 30 days
advance written notice to the City of Elgin.
2. Regulations regarding the time, place and manner of all
activities on public property including the sale of alcoholic liquor.
3. Regulations regarding post event accounting of all activi-
ties.
4. Require the a pp licant to keep and maintain the
premises
free of debris and garbage and require a complete clean-up of the
property after the event.
5. Require the applicant to post a bond, letter of credit, cash
deposit or other security to ensure faithful performance of all obliga-
tions required of the City Council as a condition for the granting of a
permit.
6. Such other restrictions as the City Council may deem neces-
sary or appropriate.
13.25.040 Applicant Responsible for Conduct of Special Event
A. The applicant shall be strictly liable for the acts of its agents,
volunteers, officers and employees and shall indemnify and hold harmless
the City of Elgin, its officers, agents and employees from any claim, suit or
liability whatsoever including, but not limited to, any court costs and
reasonable attorney fees arising out of or in any way connected with any
acts or omissions of applicant, its agents, volunteers, officers and
employees, or the special event.
B. Nothing herein shall relieve applicant, its officers, agents and
employees as well as other participants, such as restaurants, in any special
event from complying with all applicable laws and regulations of the City 4411/
of Elgin, State of Illinois and the United States.
13.25.050 Sale and Consumption of Alcoholic Liquor
A. In the event the applicant desires to include the sale and/or
consumption of alcoholic liquor on public property during the special event
applicant shall clearly indicate on its application the following:
I. Whether hard liquor or beer and wine only will be served
and/or consumed.
2. Who will be conducting the liquor sales.
3. The manner of such sales.
4. The exact location of such sales.
B. The applicant shall be responsible for applying for and obtaining
a special event liquor license as provided in Chapter 6.06 of the Elgin
Municipal Code. In addition to any other insurance provided for herein any
applicant who desires to include the sale of alcoholic liquor during the
special event shall provide the City with a certificate of insurance
evidencing insurance commonly known as Dram Shop insurance in limits not
less than $1,000,000. Such certificate shall identify the City of Elgin as a
co-insured and shall state that it shall not be terminated or suspended
without at least 30 days prior written notice to the City of Elgin.
C. In no event shall any sale or consumption of alcoholic liquor be
permitted in any public park. Nor shall any special event liquor sales take
place after 8:00 PM.
D. The decision to permit liquor sales during a special event shall be
solely within the discretion of the Elgin City Council and may be granted,
modified or denied as provided in Section 13.25.030 herein."
Section 2. That Section 6.06.150(B) entitled "Offenses by other than licensee" of
Chapter 6.06 entitled "Alcoholic Liquor Dealers" of the Elgin Municipal Code, 1976, as
amended, be and is further amended to read as follows:
"B. Except as may be expressly permitted pursuant to a special
events permit issued by the City Council of the City of Elgin pursuant to
Chapter 13.25 of the Elgin Municipal Code entitled "Special Events in
Public Places," it is unlawful for any person to consume any alcoholic liquor
upon any public street, sidewalk, mall, bridge or other public property and
further and in all events it shall be unlawful to consume any alcoholic
liquor in any park or in an motor vehicle on any public street or public
property in the city."
Section 3. That this ordinance shall be in full force and effect from and after ten
days after its passage and publication in the manner provided by law.
Section 4. That all ordinances or parts thereof in conflict with this ordinance be
and are hereby repealed.
sJ Richard L. Verbic
Richard L. Verbic, Mayor
Presented: May 12, 1986
Passed: May 12 , 1986
Vote: Yeas 7 Nays 0
Recorded:
Published:
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk
I