G50-90 e" Ordinance No. G50-90
AN ORDINANCE
AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE REGARDING
EXTERIOR SALES PERMITS
WHEREAS, the City Council of the City of Elgin had previously adopted an
ordinance on February 24, 1 986 (Ordinance No. G 14-86) which provided for the
establishment of Extended Hour Permits and Exterior Sales Permits; and
WHEREAS, on June 14, 1989 the City Council passed an ordinance to eliminate
Extended Hour Permits (Ordinance No. G54-89); and
WHEREAS, Ordinance No. G54-89 inadvertently also eliminated exterior sales
permits; and
WHEREAS, the local liquor control commission has continued to issue exterior sales
permits and the City Council has determined that it is desirable to authorize such
permits.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section I. 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 Exterior Sales Permit
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
currently 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.
e/'"` 2. 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."
Section 2. That all exterior sales permits heretofore issued shall be deemed valid
and shall be governed by the provisions of this ordinance.
Section 3. That all ordinances or parts of ordinances in conflict with the provi-
sions of this ordinance be and are hereby repealed.
Section 4. 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: October 10, 1990
Passed: October 10, 1 990
Vote: Yeas 6 Nays I
Recorded:
Published:
Attest:
s/ Nancy Roll
Nancy Roll, Deputy Clerk