G58-95 e CITY OF ELGIN
ORDINANCE NO. G58-95
AN ORDINANCE
AMENDING CHAPTER 6 . 06 ENTITLED "ALCOHOLIC LIQUOR DEALERS" OF
THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ADDING A CLASS Q
LICENSE, AMENDING THE PROVISIONS FOR AN EXTERIOR SALES PERMIT
AND ADDING AN EXTENDED HOURS PERMIT
emk ADOPTED BY THE
CITY COUNCIL OF THE
CITY OF ELGIN
ON THIS 9TH DAY OF AUGUST, 1995
Published in pamphlet form by
authority of the City Council of
the City of Elgin, Kane and Cook
Counties, Illinois, on this
10th day of August, 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 August 9, 1995, the
Corporate Authorities of such municipality passed and approved
Ordinance No. G58-95, entitled An Ordinance Amending Chapter
6 . 06 Entitled "Alcoholic Liquor Dealers" of the Elgin Municipal
Code, 1976, as Amended, Adding a Class Q License, Amending the
Provisions for an Exterior Sales Permit and Adding an Extended
Hours Permit which provided by its terms that it should be
published in pamphlet form.
The pamphlet form of Ordinance No. G58-95, including
the Ordinance and a cover sheet thereof, was prepared, and a
copy of such Ordinance was posted in the municipal building,
commencing on August 10, 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 August 10, 1995 .
Municipal Clerk
(SEAL)
e"` Ordinance No. G58-95
AN ORDINANCE
AMENDING CHAPTER 6 . 06 ENTITLED "ALCOHOLIC LIQUOR DEALERS" OF
THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED, ADDING
A CLASS Q LICENSE, AMENDING THE PROVISIONS FOR AN EXTERIOR
SALES PERMIT AND ADDING AN EXTENDED HOURS PERMIT
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 Q
liquor license to allow for sales related to the operations of
microbreweries, to amend the regulations relating to exterior
sales permits and to add provisions to provide for an extended
hours permit; and
WHEREAS, the City of Elgin is an Illinois municipal
corporation and a home rule unit pursuant to the Constitution
and the 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
oew 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 R to read
as follows :
"R. Class Q. For the retail sale by
microbreweries on the premises specified, of
alcoholic liquors primarily for consumption on the
premises as well as other incidental retail sales
and wholesale sales of beer brewed on the premises
and in original package for consumption off premises
expressly provided, however, that such licenses
shall be issued only to microbreweries having
restaurants as defined in the Illinois liquor
control law with such restaurants having a regular
capacity, in accordance with existing city and state
public health and fire prevention ordinances and
statutes, to serve meals to not less than 325
persons at any one time $2500 . 00"
Section 2 . That Section 6 . 06 . 055 of the Elgin Municipal
Code, 1976, as amended, entitled "Exterior Sales Permit" be
and is hereby further amended to read as follows :
6 . 06 . 055 Exterior Sales Permit.
"There is 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 principal establishment for which there is a
then currently issued and valid Class A, AA, C, D,
E, J, L or Q license. No alcoholic liquor may be
sold, served or consumed in any exterior sales area
without first obtaining permit as provided herein.
A. No exterior sales permit shall be issued to
any licensee whose establishment is located one
hundred 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 one hundred feet or closer to
a residential zone, for which an exterior sales area
has 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 $500 . 00 . Provided
no fee shall be required for permits issued for
exterior sale areas which are engaged in the regular
service of food with alcoholic liquor and which have
a total seating capacity of not more than twenty 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.
C. Exterior sales permit issued to any
licensee for an establishment located within the CC1
Center City zoning district and east of the Fox
River may include an exterior sales area on an
adjacent public sidewalk on property in the front of
such an establishment notwithstanding the
prohibitions regarding the possession and
consumption of alcoholic liquors on public property
as provided by Sections 6 . 06 . 150B and 13 .25 . 050C or
other provisions of this code, further provided
however, that any such exterior sales area to be
located on any adjacent public sidewalk on property
must include the regular service of food with any
alcoholic liquor, must not unreasonably obstruct the
sidewalk, and must limit hours of operations to no
later than 12 : 00 AM. "
Section 3 . That Chapter 6 . 06 of the Elgin Municipal
Code, 1976, as amended, entitled "Alcoholic Liquor Dealers" be
and is hereby further amended by adding Section 6 . 06 . 056
entitled "Extended Hours Permit" to read as follows :
6 . 06 . 056 Extended Hours Permit.
"There is established an extended hours permit
to allow the retail sale of alcoholic liquor for
consumption on the specified premises only until
4 : 00 AM on Saturdays and Sundays . The sale of
alcoholic liquor may be resumed on any such premises
on Saturdays and Sundays during the permitted hours
of operation as set forth in Section 6 . 06 . 117 of
this code. The issuance of an extended hours permit
shall only be granted upon submittal of an
application to the local liquor control commission
for an establishment located in the CC1 Center City
zoning district and east of the Fox River for which
there is a then current issued and valid Class A,
AA, D, E, J, or Q license. Qualified applicants for
extended hours permits shall pay an annual fee of
$500 . Any extended hours permit issued by the local
liquor control commission pursuant to this section
shall also be limited to and subject to the
following:
1 . Such extended hours permit shall only be
issued to establishments which include a restaurant
as defined in the Illinois liquor control law having
a regular capacity in accordance with existing city
and state public health and fire prevention
ordinances and statutes, to serve meals to not less
than 325 persons at any one time.
2 . The establishment must maintain regular
food service during the extended hours of operation.
3 . A special police detail with a minimum of
one city police officer shall be required to be
present at the establishment between the hours of
1 : 00 AM and 4 : 00 AM with such special police detail
to be paid for by the license holder. "
Section 4 . That Section 6 . 06 . 117 of the Elgin Municipal
Code, 1976, as amended, entitled "Service Hours" be and is
hereby further amended to read as follows :
6 . 06 . 117 Service Hours .
"A. A licensee holding a Class A, AA, C, D, E,
F, G, J, K, M, N, or Q license may sell or permit to
be sold for consumption only on the licensed
premises alcoholic liquors only between the
following hours :
Day(s) Time
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 am.
the following day
New Year' s Eve 3 . 00 a.m. the following
day
B. A licensee holding a Class AA, B, P or Q
license may sell or permit to be sold packaged
alcoholic liquors not for consumption on the
premises only between the following hours :
Day(s) Time
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 12 : 00 noon until 1 : 00 am.
the following day
New Year' s Eve 3 . 00 a.m. the following
day
C. Hours of sales may be expanded by the local
liquor control commission for three hours as
provided by Section 6 . 06 . 140(B) . "
Section 5 . That Section 6 . 06 . 140 of the Elgin Municipal
Code, 1976, as amended, entitled "Offenses by Licensee" be and
is hereby further amended by amending subparagraph R thereof
to read as follows :
"R. Permit any person to a Class A, AA, B, C,
D, E, F, J, L, M, N, P or Q licensed establishment
to serve or sell alcoholic beverages unless that
person has completed the BASSET training programs as
required in Section 6 . 06 . 115 . "
Section 6 . That Section 6 . 06 . 160 of the Elgin Municipal
' Code, 1976 , as amended, entitled "Appeals-Procedure" be and is
hereby further amended to read as follows :
6 . 06 . 160 Appeals-Procedure.
"Appeals from orders or action of the local
liquor control commission may be taken to the state
commission as provided by law. The local liquor
control commission shall have the power to make all
necessary rules and regulations governing hearings
and shall cause to be provided forms for
applications, bonds, complaints, and such other
proceedings as may properly come before the local
liquor control commission. Any appeal of any action
of denial of an application, denial of renewal of an
application, suspension or revocation of a retail
alcoholic liquor dealer' s license by the local
liquor control commission shall be limited to a
review of the record of the proceedings . A record
of the proceedings of any such hearing by the local
liquor control commission shall be taken and
prepared by a certified court reporter in accordance
with the statute made and provided. The fees and
costs of a court reporter shall be included as part
of the fees for any application for a retail
elh alcoholic liquor dealer' s license. "
Section 7 . That the provisions of Section 3 of this
ordinance providing for an extended hours permit under the new
Section 6 . 06 . 056 shall without further City Council action
automatically expire one year from the passage of this
ordinance. It is hereby declared to be the legislative intent
of the City Council that the adoption of ordinance provisions
for an extended hours permit is being done on an experimental
basis only and that no licensee who is granted an extended
hours permit shall have any property interest, vested right or
other continuing projectable interest in the continuation of
an extended hours permit. The City Manager is directed to
submit a report to the City Council prior the automatic
expiration of Section 6 . 06 . 056 and therein shall advise the
City Council as to the city' s experience with an extended
hours permit and whether an ordinance providing for the
continuation of an extended hours permit should be adopted.
Section 8 . That all ordinances or parts of ordinance in
conflict with the provisions of this ordinance be and are
hereby repealed.
Section 9 . That this ordinance shall be in full force
and effect ten days after its passage and publication in the
manner provided by law.
tek
Kevin Kelly, Mayo-f
Presented: August 9 , 1995
Passed: August 9 , 1995
Vote: Yeas 4 Nays 3
Recorded: August 10, 1995
Published: August 10, 1995
Attest:
"vt4A-
Dolonna Mecum, City Clerk
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