G37-90 Ordinance No. G37-90
AN ORDINANCE
AMENDING THE ELGIN MUNCIPAL CODE, 1976, CHAPTER 6.06 ENTITLED
ALCOHOLIC LIQUOR DEALERS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section I. That Title 6, Chapter 6.06 of the Elgin Municipal Code, 1976, as
amended, be and is hereby further amended by adding under Section 6.06.090 the
following:
H. No license shall be issued for the sale at retail of any alcoholic
liquor within 100 feet of any church, school other than an institution of
higher learning, hospital, home for aged or indigent persons or for veterans,
or any military or naval station.
This prohibition shall not apply to the renewal of a license for
the sale of retail of alcoholic liquor on premises within 100 feet of any
church or school where such church or school has been established within
such 100 feet since the issuance of the original license. In the case of a
church, the distance of 100 feet shall be measured to the nearest part of
any building used for worship services, or educational programs and not to
property boundaries. In all other cases, the distance of 100 feet shall be
measured from lot line to lot line.
Nothing in this section shall prohibit issuance of a retail license
authorizing the sale of alcoholic beverages to a restaurant or hotel having
not fewer than 150 guest room accommodations notwithstanding the
proximity of such hotel or restaurant to any church, if the licensed
premises described on the license are located within an enclosed mall or
building of a height of at least 6 stories and if the sale of alcoholic liquors
is not the principal business carried on by such license.
Nothing in this section shall prohibit the issuance of a license to
a church or private school to sell at retail alcoholic liquor if any such sales
are limited to periods when groups are assembled on the premises solely for
the promotion of some common object other than the sale or consumption
of alcoholic liquors.
Section 2. That Elgin Municipal Code, 1976, as amended, is hereby further
amended, by adding the following:
6.06.126 Assessment of Costs of Hearings
Any licensee determined by the Local Liquor Control Commissioner
to have violated any of the provisions of Chapter 6.06.120(C) of the Elgin
Municipal Code as, amended, or any resolution of the City, or any rule or
regulation established by the Local Liquor Control Commission, or the
State Commission, shall pay to the City the costs of the hearing held
'` before the Local Liquor Control Commission on such violation. The Local
Liquor Control Commission shall determine the costs incurred by the City
for the hearing, including court reporter fees, the cost of transcripts or
records, attorney's fees, the cost of preparing and mailing notices and
orders, and other miscellaneous expenses incurred by the City. The
licensee shall pay said costs to the City within thirty (30) days of notifica-
tion of the costs by the Local Liquor Control Commission. Failure to pay
said costs within thirty (30) days of notification is a violation of this Sec-
tion, and may be cause for license revocation or suspension or for imposi-
tion of a fine as provided by law. In the event of an appeal to the State
Commission, and in cases where appeal is taken under the Administrative
Review Act, payment is due forty (40) days after entry of an order finally
affirming the determination of the Local Liquor Control Commissioner.
The remedies afforded in this Section 6.06.126 are not exclusive, and any
such sums assessed thereunder may be collected as any other debt.
Section 3. That Section 6.06.170 of Chapter 6.06 of the Elgin Municipal Code,
1976, as amended, be and is hereby repealed.
Section 4. That all ordinances or parts of ordinances in conflict with the provi-
sions of this ordinance be and are hereby repealed.
Section 5. That this ordinance shall be in full force and effect from and after its
passage and publication in the manner provided by law.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: August 8, 1 990
Passed: August 8 , 1990
Vote: Yeas 5 Nays 0
Recorded:
Published:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk