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G2-95 e CITY OF ELGIN ORDINANCE NO. G2-95 AN ORDINANCE AMENDING CHAPTER 6 . 06 ENTITLED "ALCOHOLIC LIQUOR DEALERS" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED ADOPTED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 11TH DAY OF JANUARY, 1995 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 13th day of January, 1995 . r STATE OF ILLINOIS ) ss . COUNTY OF KANE CERTIFICATE I, Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois . I further certify that on January 11, 1995, the Corporate Authorities of such municipality passed and approved Ordinance No. G2-95, entitled An Ordinance Amending Chapter 6 . 06 Entitled "Alcoholic Liquor Dealers" of the Elgin Municipal Code, 1976 , as Amended which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G2-95, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on January 13, 1995, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on January 13, 1995 . Municipal Clerk (SEAL) l.' Ordinance No. G2-95 Amended AN ORDINANCE AMENDING CHAPTER 6 . 06 ENTITLED "ALCOHOLIC LIQUOR DEALERS" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to amend Chapter 6 . 06 of the Elgin Municipal Code; and WHEREAS, the City of Elgin is an 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 alcoholic liquor establishments 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 1 . That Section 6 . 06 . 040I of the Elgin Municipal Code, 1976, as amended, pertaining to Class H liquor licenses for the retail sale of alcoholic liquor on the Fountain Square Plaza Mall is hereby repealed. Section 2 . That Section 6 . 06 . 040J of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows : "J. Class I . For retail sale of alcoholic liquor during a special event sponsored by the City or by a not-for-profit corporation or association and conducted by the City or such association or corporation in conjunction with a vendor who shall actually conduct and be responsible for all liquor sales and who pursuant to the provisions of this chapter, holds a current and valid liquor license in the City other than a Class G, I or K license, subject to the terms of such license; provided, however, no license shall be issued for more than two (2) consecutive days nor for more than twelve ( 12) hours during any single day. No more than five Class I licenses shall be issued to any not-for-profit corporation or association during any one calendar year. The license fee per day . . . . $25 . 00 . " Section 3 . That Section 6 . 06 . 040N of the Elgin Municipal Code, 1976 , as amended, be and is hereby further amended to read as follows : "N. Class M. For the retail sale of alcoholic liquor on South Grove Avenue from Spring Street on the South to Chicago Street on the north and on DuPage Court from Spring Street on the east to South Grove Avenue on the west in restaurants as defined at 235 ILCS 5/1-3 . 23 or in banquet halls having a regular capacity to serve meals to not less than 150 persons at any one time, in conjunction with the service of meals, for consumption on the premises . . . $1, 300 . 00 . " Section 4 . That Section 6 . 06 . 057C( 7) of the Elgin Municipal Code, 1976 , as amended, be and is hereby further amended to read as follows : "7 . Automatic or manually operated counters are required to be used to determine the occupancy of the building. " Section 5 . That Section 6 . 06 . 057C(9) of the Elgin Municipal Code, 1976 , as amended, be and is hereby further amended to read as follows : rik "9 . Upon entering the parking lot, a ticket claim check shall be issued to each individual . The ticket claims checks shall only be issued to the occupancy limit of the event on the premises . When all of the ticket claim checks have been issued, the parking lot will be closed with signs stating "sold out" . No more traffic shall be allowed in the parking lot. In the event the physical layout of a parking lot precludes the closing of the parking lot as provided herein, such as in the instance where a parking lot for an establishment is part of a shopping center parking lot serving other businesses, alternate arrangements as part of the security plan and as approved by the chief of police may be made so as to prevent loitering in the parking lot of a premises . " Section 6 . That Section 6 . 06 . 090D of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows : "D. No Class A, AA or B license shall be granted for any premises located wholly or partially on South Grove Avenue from Spring Street on the r► south to Chicago Street on the north or on DuPage Court from Spring Street on the east to South Grove Avenue on the west. " 2 Section 7 . That Section 6 . 06 . 112 of the Elgin Municipal Code, 1976 , as amended, entitled "License-Change of Name of Establishment" be and is hereby added to read as follows : "6 . 06 . 112 License-Change of Name of Establishment. Any change in the name of the establishment for which a liquor license has been issued shall be reported in writing to the local liquor commission within ten ( 10) days of the change. " Section 8 . That Section 6 . 06 . 115A of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows : "A. For licenses effective on or after May 1, 1990, the original or renewal application for a Class A, AA, B, C, D, E, F, J, M and N license shall be accompanied with proof of completion of a state certified "Beverage Alcohol Sellers and Servers Education and Training" (BASSET) , for all persons who serve or sell alcoholic beverages pursuant to that license. " Section 9 . That Section 6 .06 . 117A of the Elgin Municipal Code, 1976 , as amended, be and is hereby further amended to read as follows : "A. A licensee holding a Class A, AA, C, D, E, F, G, J, K, M or N license may sell or permit to be sold for consumption only on the license premises alcoholic liquors only between the following hours : Monday through Thursday. . . .6 :00 a.m. until 1 :00 a.m. the following day Friday and Saturday 6 . 00 a.m. until 2 : 00 a.m. the following day Sunday 9 .00 a.m. until 1 :00 a.m. the following day New Year' s Eve 3 . 00 a.m. the following day" Section 10 . That Section 6 .06 . 130 of the Elgin Municipal Code, 1976 , as amended, entitled "Change of Location" be and is hereby further amended to read as follows: "6 . 06 . 130 Change of Location. A liquor license shall permit the sale of alcoholic liquor only on the premises described in the application license. No change of location shall be permitted unless and until application is made for a new liquor license pursuant to the procedures of this ordinance and the determination that the proposed new location is a proper one for 3 eb* the sale of alcoholic liquor under the laws of this state and the ordinances of the City. " Section 11 . That Section 6 . 06 . 140M of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows : "M. Keep open for business or admit the public or patrons or customers or persons to any premises licensed under this chapter for the retail sale of alcoholic liquors during the hours within which sale of such liquor is prohibited or to permit or allow persons, patrons, or customers to remain in or about the licensed premises either before or after the hours designated within which the sale and consumption of alcoholic liquors is prohibited on the licensed premises; provided, however, that restaurants, clubs, the riverboat pavillion, drug stores, hotels, and motels may keep their places of business open subject only to the provisions that no sale at retail of alcoholic liquors or the consumption by patrons or customers or by the public of alcoholic liquors shall be permitted or allowed on said licensed premises during the hours prohibited; further provided, however, that employees may remain in or about the licensed premises either one hour before or after the hours designated within which the sale and consumption of alcoholic liquor is prohibited on the licensed premises for the sole purpose of conducting business related activities such as cleaning and inventory expressly subject to the provision that no sale at retail of alcoholic liquors or the consumption by any persons of alcoholic liquor shall be permitted or allowed on said licensed premises during the hours prohibited; " Section 12 . That Section 6 . 06 . 1400 of the Elgin Municipal Code, 1976, as amended, be and is hereby repealed. Section 13 . That Section 6 . 06 . 140R of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows : "R. Permit any person to a Class A, AA, B, C, D, E, F, J, M or N license establishment to serve or sell alcoholic beverages unless the person has completed the BASSET training program as required in Section 6 . 06 . 115 . " Section 14 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. 4 eek Section 15 . That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. Georg VanDeVoorde, Mayor Presented: January 11, 1995 Passed: January 11, 1995 Vote: Yeas 5 Nays 0 Recorded: January 12, 1995 Published: January 13, 1995 Attest: ii\-Q-C2,2-1,4------ Doronna Mecum, City Clerk 5