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G43-95 ?low, CITY OF ELGIN ORDINANCE NO. G43-95 AN ORDINANCE AMENDING CHAPTER 6 . 06 ENTITLED "ALCOHOLIC LIQUOR DEALERS" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ADDING A CLASS P LICENSE ADOPTED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 28TH DAY OF JUNE, 1995 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this emk 29th day of June, 1995 . 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 June 28, 1995, the Corporate Authorities of such municipality passed and approved Ordinance No. G43-95, entitled An Ordinance Amending Chapter 6 . 06 Entitled "Alcoholic Liquor Dealers" of the Elgin Municipal Code, 1976 , as Amended, Adding a Class P License which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G43-95, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on June 29, 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 June 29, 1995 . Municipal Clerk (SEAL) rft. Ordinance No. G43-95 AN ORDINANCE AMENDING CHAPTER 6 . 06 ENTITLED "ALCOHOLIC LIQUOR DEALERS" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ADDING A CLASS P LICENSE AND AMENDING SECTION 6 . 06 . 140P 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 to provide for a Class P liquor license to allow for packaged stores for the retail sale of alcoholic liquor limited to beer and wine only not for consumption on the premises; and WHEREAS, the City Council of the City of Elgin has further determined that it is necessary and desirable to amend Section 6 . 06 . 140P of the Elgin Municipal Code to further clarify the prohibition on nude or nearly nude dancing and performances in liquor license establishments; 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 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 1 . That Section 6 . 06 . 040 of the Elgin Municipal Code, 1976, as amended, entitled "License-Classes-Fees" be and is hereby further amended by adding a subparagraph Q to read as follows: "Q. Class P. Packaged stores for the retail sale of alcoholic liquor limited to beer and wine only, on the premises specified, solely in the original package not for consumption on the premises $850 . 00 . " Section 2 . That Section 6 . 06 . 060 of the Elgin Municipal Code, 1976, as amended, entitled "License Application-Filing- Processing Fee" be and is hereby further amended to read as follows : "Applications shall be directed to and filed with the local liquor control commission; shall be filed in duplicate and shall be accompanied by the f deposit of a certified or cashier' s check, postal •► money order, or cash in the full amount of the annual license fee required to be paid for the kind of license applied for. In addition to all other fees imposed the applicant shall also pay a nonrefundable $25. 00 at the time of filing to cover the cost of processing the application. If any such application is denied, the deposit, but not the $25 . 00 processing fee shall be returned to the applicant by the local liquor control commission. Prior to issuance of an initial Class B license, the applicant shall deposit the sum of $10, 000 . 00 with the city clerk to be placed in the general fund of the city. However, upon the sale of any business holding a Class B license issued prior to the effective date of the ordinance codified in this section, which sale occurs on or before April 30, 1992, the liquor control commission may, upon surrender of the original license, issue a new license to the vendee thereof for the unexpired period of the original license; provided, however, that such vendee shall first comply with all the laws of this state and the ordinances of the city relating to the retail sale of alcoholic liquor. Prior to issuance of an initial Class P license, the applicant shall deposit the sum of $5,000 with the city clerk to be placed in the General Fund of the city. It shall further be the duty of any licensee under this chapter before the issuance of any license to a new licensee to submit to the commission a bulk sales affidavit or affidavits in compliance with the bulk sales provisions of the Uniform Commercial Code of Illinois or such other applicable statutes governing bulk sales within the state so that the exact amount of indebtedness of the party selling the business is known and such issuance shall not be executed until the commissioner is satisfied that adequate provisions are made for the payment of all obligations relating to the business or license of the seller. Any license issued to a vendee under the provisions of this section shall not be eligible to be surrendered to be issued to another purchaser of the business . Any bond or policy of liability insurance submitted to the local liquor control commission pursuant to the requirements of this section shall be for the entire term of the license period and it shall be a condition of any license issued by the local liquor control commission that the bond or policy of liability insurance shall be in full force and effect throughout the license period as a ►` condition of doing business pursuant to such license. " Section 3 . That Section 6 .06 . 140 of the Elgin Municipal tow Code, 1976, as amended, be and is hereby further amended to read as follows : "P. To sell, deliver, offer for sale, distribute, publish, print, exhibit, or possess with intent to distribute, with the knowledge of the nature of the content thereof or recklessly failing to exercise reasonable inspection which would disclose the nature or content thereof, any obscene writing, picture, moving picture, record or other representation or embodiment of the obscene, or to present or to direct an obscene performance or to perform an obscene act, or otherwise present an obscene exhibition, or to otherwise advertise or promote obscene material as provided in Chapter 10 .80 of this code or to permit any person to appear on a licensed premises in such manner or attire as to expose to view any portion of the pubic area, anus, vulva or genitals, or any simulation thereof, or permit any female to appear on a licensed premises in such manner or attire as to expose to view any portion of the breast referred to as the areola, nipple or any simulation thereof. " Section 4 . That this ordinance shall be in full force and effect after its passage and publication in the manner provided by law. Kevin Kelly, Mayor Presented: June 28, 1995 Passed: June 28, 1995 Omnibus Vote: Yeas 7 Nays 0 Recorded: June 29, 1995 Published: June 29, 1995 Attest: 444rv,-& Pki&C,c ,_ Dolonna Mecum, City Clerk