G79-91 I
o"` Ordinance No. G79-91
AN ORDINANCE
AMENDING CHAPTER 6 .06 ENTITLED "ALCOHOLIC LIQUOR DEALERS" OF
THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED, CREATING A
CLASS L LIQUOR LICENSE AND PERMITTING EXTERIOR SALES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS:
Section 1 . That Section 6 .06 .040 entitled "License-
Classes-Fees" of the Elgin Municipal Code, 1976, as amended,
is hereby amended by adding the following:
M. Class L. For retail sales of alcoholic
liquor in conjunction with events at and upon the
premises of the Hemmens Auditorium, for consumption
on the premises only. The license fee shall be
$100 .00 .
Section 2 . That Title 6 . 06 entitled "Alcoholic Liquor
Dealers" of the Elgin Municipal Code, 1976, as amended, be and
is hereby further amended by amending Section 6 . 06 . 055 to read
as follows :
r.. 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, J or L license. No alcoholic liquor may be sold,
served or consumed in any exterior sales area
without first obtaining a permit as provided herein.
A. 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.
B. 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, or for sales in conjunction with a valid
Class L license.
Section 3 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are
hereby repealed.
rft 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.
Robert Gilliam, Mayor Pro Tem
Presented: December 18, 1991
Passed: December 18, 1991
Omnibus Vote: Yeas 6 Nays 0
Recorded:
Published:
Attest:
Dolonna Mecum, City Clerk