G74-89 Ordinance No. G74-89
AN ORDINANCE
AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED
(Standards--Meeting--Notice)
WHEREAS, the City of Elgin is on Illinois municipal corporation and a home rule
unit pursuant to the Constitution and laws of the State of Illinois; and
WHEREAS, a home rule unit may exercise any power and perform any function
pertaining to its government and affairs; and
WHEREAS, the regulation of the sale of alcoholic liquor is a matter pertaining 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 I. That Section 6.06.090 entitled "Issuance Limitations" of Chapter 6.06
of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by
adding the following:
"D. No license shall be issued unless the application meets the
following standards:
I. The business is so designed, located, and proposed to be
operated that the public health, safety and welfare will be protected; and
2. The license will not cause substantial injury to the value of
other property in the neighborhood in which it is located; and
3. The licensee meets the requirements of then current city
codes; including but not limited to Title 9, 'Health & Safety; Title 16,
'Building and Construction; and Title 19, 'Zoning.'
E. ' No license shall be issued except after a public meeting before
the liquor commission pursuant to Section 6.06.095.
F. The Issuance Limitations set forth above in subsections (D) and
(E) shall not apply to Class G, I or K licenses."
Section 2. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, be
and is hereby further amended by adding the following:
"6.06.095 Application—Meeting--Notice.
A. Prior to issuance of any new license after August I, 1989 a
public meeting shall be held by the commission to determine if the issuance
limitations set forth in Section 6.06.090 are met. At this meeting the
applicant, city officials and/or the general public may present evidence and
te` testimony.
B. Notice of this meeting shall be given by posting of sign as
provided herein. The applicant shall be responsible for posting a sign on the
premises proposed to be licensed informing the general public of the
upcoming public hearing. The required sign shall be obtained from the city
for use by the petitioner and shall contain the following information:
I. The words "NOTICE OF PUBLIC MEETING FOR
THIS PROPERTY RE: ISSUANCE OF LIQUOR LICENSE"
2. Statement that the meeting is open to the general
public.
3. Statement that further information pertaining to
the application may be obtained from the city clerk.
4. Telephone number of the city clerk.
C. The sign shall be posted on the subject property at a location
oriented to and readable from the nearest adjacent roadway. However,
parcel abuts two or more roadways additional such signs, one
oriented to and readable from each abutting roadway, are required. Such
signs must be constructed of materials which will withstand existing area
weather conditions (i.e. wood) with all required lettering a minimum of
three inches in height. The notification signs must be posted not less than
fifteen days prior to nor removed not more than ten days following the
scheduled public meeting.
D. The applicant shall post a fifty dollar bond per sign with the
liquor commission for use of the required signs. Said bond shall be refunded
to the applicant upon return of the sign within ten days following the
conclusion fo the meeting for which the sign was posted. In the event that
the sign is not returned to the city within ten days of the completion of the
scheduled hearing for which the sign was posted, the fifty dollar bond shall
be forfeited with the fee applying to the cost of replacement of such sign.
E. `The liquor commission may establish reasonable rules and
regulations governing the posting of notification and the conduct of the
meeting."
Section 3. That Section 6.06.040(B) of the Elgin Municipal Code, 1976, as
amended, be and is hereby further amended by adding the following:
"No new Class AA license shall be Issued to any establishment after
August 1, 1989. Any Class AA license existing on August 1, 1989 which is
not revoked may be renewed annually as provided herein. Provided, such
existing licenses shall terminate, expire and cease to exist as they are
revoked or not renewed or the business is sold."
Section 4. That all ordinances or parts of ordinances in conflict with the provi-
sions of this ordinance be and are hereby repealed.
1 '
Section 5. That this ordinance shall be in full force and effect ten days after its
passage and publication in the manner provided by Jaw.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: August 14 1989
Passed: August 14,, 1989
Vote: Yeas 7 Nays 0
Recorded:
Published:
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk
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