G89-95 CITY OF ELGIN
ORDINANCE NO. G89-95
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 6TH DAY OF DECEMBER, 1995
Published in pamphlet form by
authority of the City Council of
the City of Elgin, Kane and Cook
Counties, Illinois, on this
15th day of December, 1995.
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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 December 6, 1995, the
Corporate Authorities of such municipality passed and approved
Ordinance No. G89-95, 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. G89-95, including
the Ordinance and a cover sheet thereof, was prepared, and a
copy of such Ordinance was posted in the municipal building,
commencing on December 7, 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 December 15, 1995 .
Municipal Clerk
(SEAL)
fem-
Ordinance No. G89-95
Revised
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 undertake a
comprehensive review of Chapter 6 . 06 of the Elgin Municipal
Code to provide for necessary amendments to the city' s
regulations for alcoholic liquor dealers; and
WHEREAS, the Local Liquor Control Commission has
completed a review of Chapter 6 . 06 and has recommended to the
City Council certain amendments to the city' s liquor 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 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 to read as follows :
"6.06.040 LICENSE-CLASSES-FEES.
The classes of licenses and the fees therefor are as
follows :
A. Class A. For the retail sale, on the premises
specified, of alcoholic liquor for consumption on the
premises only. The annual license fee is $1,300 . 00 .
B. Class AA. For the retail sale, on the premises
specified, of alcoholic liquor primarily for consumption
on the premises as well as other incidental retail sales
of alcoholic liquors in original package for consumption
off premises . No new Class AA license shall be issued to
any establishment after August 1, 1989 . Any Class AA
license existing on August 1, 1989, may be renewed
annually as provided herein. Provided, a Class AA
license shall terminate, expire, cease to exist when it
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is revoked or not renewed or the business is sold. The
annual license fee is $1,500. 00 .
C. Class B. Package stores for the retail sale of
alcoholic liquor, on the premises specified, solely in
the original package not for consumption on the premises,
provided, however, no new Class B license shall be issued
after December 6, 1995 for convenience stores or for any
premises used as a gasoline filling station. For the
purpose of this section "convenience stores" shall mean
retail stores selling general merchandise including
primarily convenience items and a limited selection of
groceries on premises having less than 5,000 square feet
of floor area. Any Class B license existing on
December 6, 1995, for convenience stores or for any
premises used as a gasoline filling station may be
renewed annually as provided herein. Provided, a Class B
license for any convenience stores or any premises used
as a gasoline filling station shall terminate, expire,
cease to exist when it is revoked or not renewed or the
business is sold. The license fee per year is $1, 300 .00 .
D. Class B-1. Package 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 . The per year license
fee is $850 . 00 .
E. Class C. Incorporated clubs, not for profit, as defined
in this chapter; consumption on premises only. The
license fee per year is $900 . 00 . The term "premises"
shall include any adjoining outside areas and accessory
buildings utilized in conjunction with licensee' s
principal establishment such that the sale and
consumption of alcoholic liquors will be permitted on
such adjoining open areas and adjacent accessory
buildings during special events on the licensed premises .
F. Class D. Hotels and motels operating a dining room as a
service; consumption on premises only. The license fee
per year is $1,800 . 00 .
G. Class E. For the retail sale in restaurants, as defined
in Article I , Paragraph 2 . 23 of the Illinois Liquor
Control Law, of alcoholic liquor for consumption on the
premises; expressly providing, however, that such
licenses shall be issued only to establishments 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 one hundred
fifty ( 150) persons at any one time, that fifty percent
(50%) or more of the gross revenue in any month from the
operation of the licensed premises must be from the
serving of meals and that fifty percent (50%) or more of
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the floor area of the establishment must be utilized for
dining room areas for the regular service of meals . The
license fee per year is $1,800 . 00 .
H. Class E-1. For the retail sale in restaurants, as
defined in Article I, paragraph 2 .23 of the Illinois
Liquor Control Law, of alcoholic liquor for consumption
on the premises for establishments located in the CC-1
Center City Zoning District and east of the Fox River;
expressly providing, however, that such licenses shall be
issued only to establishments 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 seventy-five (75) persons at any
one time, that fifty percent (50%) or more of the gross
revenue in any month from the operation of the licensed
premises must be from the serving of meals and that fifty
percent (50%) or more of the floor area of the
establishment must be utilized for dining room areas for
the regular service of meals . The license fee per year
is $1, 300 . 00 .
I . Class F. For the sale by service bar in restaurants, as
defined in Article 1, Paragraph 2 .23 of the Illinois
tow Liquor Control Law, of beer and wine for consumption on
the premises . For the purpose of this section sale by
service bar shall mean those sales whereby the licensee
or his employees serve beer or wine in conjunction with a
meal to patrons who are seated at a table where the
patrons consume said food, beer and wine. A Class F
license shall be granted only to restaurants engaged
primarily in the sale of food for consumption on the
premises; it being the intent and purpose of this section
to permit the sale of liquor only as an incident or
accompaniment to the serving of meals in dining places of
good repute. All liquor sold under this section shall be
for consumption upon the premises in the restaurant only,
and it is unlawful and cause for revocation of the
license to sell any alcoholic liquor for consumption off
the premises or in packages . The license fee per year is
$850 . 00 .
J. Class G. For the retail sale of alcoholic liquors in
buildings of golf courses owned by the city in connection
with the operation of an established food-serving
facility during times when food is dispensed for
consumption upon the premises . Also for the retail sale
and consumption of alcoholic liquor limited to beer and
wine only by the city in conjunction with events or
outings by not-for-profit corporations or associations or
fraternal or benevolent associations at the city-owned
Spartan Meadows Golf Course, notwithstanding the
prohibitions regarding the possession and consumption of
alcoholic liquors in parks as provided by Sections
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6 . 06 . 150B, 12 . 08 . 010I , 13 .25 . 050C or other provisions of
this code. The license per year for operation by city no
fee and operation by independent contractor is $1, 000 . 00
K. Class H. For the retail sale of alcoholic liquor by
churches, schools or not-for-profit fraternal
organizations or corporations on the licensee 's premises
solely for the promotion of some object other than the
sale or consumption of alcoholic liquors; expressly
providing, however, that no license shall be issued to
any such licensee for more than three consecutive days
nor for more than six days total in any calendar year.
For purposes of Class H and K licenses only, the term
"premises" shall include any adjoining open area utilized
in conjunction with the licensee' s principal
establishment. The license fee for each period is $25 . 00
L. 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 H, I or J
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 is $25 . 00 .
M. Class J. For retail sales of alcoholic liquor on
not-for-profit basis in conjunction with hors d'oeuvres
and/or meals as provided by a catering service provider
during special events sponsored and conducted by a
corporation or association on serving employees or
business related guests exclusively. All liquor provided
under this section shall be for consumption upon the
premises of the corporation or association only, and it
is unlawful and cause for revocation of the license to
sell any alcoholic liquor for consumption off the
premises or in packages . This license shall authorize
and include up to and including twenty such special
events per licensed year. The license fee per year is
$850 . 00 .
N. Class K. For retail sales of alcoholic liquor in
conjunction on with events at and upon the premises of
r"' the Hemmens Auditorium, for consumption on the premises
only. The term "premises" shall include any adjoining
open area utilized in conjunction with the licensee' s
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principal establishment. The license fee per year is
$100 .00 .
0. Class L. For the retail sale and consumption of
alcoholic liquor limited to beer and wine only by
not-for-profit fraternal or benevolent associations in
conjunction with events organized by such associations at
the City-owned Sports Complex Park, notwithstanding the
prohibitions regarding the possession and consumption of
alcoholic liquors in parks as provided by Sections
6 . 06 . 150B, 12 . 08 . 010I, 13 .25 . 050C or other provisions of
this code. All applications for such a license in
addition to the customary relevant licensing information
must contain the following:
1 . The number of members and guests of the fraternal or
benevolent association to be attending the event.
2 . Designation of an individual who will be available
prior to and during the event and who shall have
authority to accept complaints, notices of
violations, or take corrective actions required by
the City.
3 . A security plan approved by the Chief of Police with
an acknowledgement that any changes to the security
plan must be submitted to the Chief of Police in
writing five (5) business days before the event.
Such security plan shall include a system of badges,
plastic bracelets or such other approved device so
as to identify members and guests authorized to
attend the event.
Any license issued by the liquor commission pursuant
to this section shall also be subject to the following
limitations :
1 . The security plan must be followed without any
changes unless such changes have been submitted to
the Chief of Police in writing and the Chief of
Police has approved it prior to the event being
conducted.
2 . A special police detail with a minimum of two (2)
city police officers shall be required for the event
to be paid for in advance by the license holder.
3 . A pre-opening inspection shall be conducted by the
special police detail with event organizers to
insure compliance with all codes, license
requirements and the approved security plan.
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4 . No members of the general public shall be allowed to
consume alcohol being served in conjunction with the
event.
5 . The hours of such an event shall last no later than
10 : 00 p.m.
The license fee per event is $25 . 00 .
P. Class N. For the retail sale of alcoholic liquor at the
riverboat gaming pavilion on the premises commonly known
as 250 South Grove Avenue, Elgin, Illinois, in the
following areas :
1 . First Floor - Designated restaurant area in
conjunction with the service of meals for
consumption on the premises .
2 . First Floor - Designated food court, snack bar and
all seating areas for consumption on the premises .
3 . First Floor - Designated tavern area for consumption
on premises .
4 . Second Floor - Designated banquet facility for
consumption on premises .
5 . Second Floor - Designated lounge area for
consumption on premises .
The term "premises" shall include any adjoining
interior areas utilized in conjunction with the first
floor designated food court, snack bar and seating
areas . The term "premises" shall also include any
adjoining exterior terrace areas utilized in conjunction
with the designated areas .
The first floor designated tavern area and the
second floor designated lounge area shall be subject to
the restrictions for a Class A license as set forth under
Section 6 . 06 . 140(0) as amended, relating to the admission
of persons who have not attained the age of 21 years,
with the exception that such restrictions shall not apply
to the second floor designated lounge area when said area
is being utilized not as a lounge area but instead as
part of the second floor banquet facility. The license
fee per year is $2,300 . 00
Q. Class 0. 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
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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. The license fee per year is
$2,500 . 00 .
R. Class P. For the retail sale of alcoholic liquor by a
bona fide catering business with headquarters within the
city. Sales by a catering business may be made only for
consumption at a private party when the food for said
party is catered by the licensee and when the alcoholic
liquor and food are served by the catering business .
Such private parties shall not be open to the public and
no admission charge shall be levied to guests of such a
private party. Such sales by a catering business shall
be made only at the registered office of the licensee,
which shall be the licensed premises . The annual license
fee per year is $500 . 00 . "
Section 2 . That Section 6 . 06 . 050 of the Elgin Municipal
Code, 1976, as amended, entitled "Licenses-Number to be
Issued" be and is hereby added to read as follows :
"6.06.050 LICENSES--NUMBER TO BE ISSUED.
A. The number of Class A licenses shall not exceed twenty
(20) in number.
B. The number of Class B licenses shall not exceed
twenty-eight (28) in number.
C. The number of Class B-1 licenses shall not exceed one ( 1)
in number. "
Section 3 . That Sections 6 . 06 . 055, 6 . 06 . 056 and 6 . 06 . 057
of the Elgin Municipal Code, 1976, as amended, entitled
"Exterior Sales Permit, Extended Hours Permit and Teen Night
Permit" be and are 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, F, K or 0
license. No alcoholic liquor may be sold, served or consumed
in any exterior sales area without first obtaining permit as
provided herein.
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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 a.m.
6.06.056 EXTENDED HOURS PERMIT.
tew 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
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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, F, or 0 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 a.m. and
4 : 00 a.m. with such special police detail to be paid
for by the license holder.
6.06.057 TEEN NIGHT PERMIT.
A. There is established a teen night permit. The issuance
of a teen night permit shall only be granted upon
submittal of an application to the local liquor control
commission for an establishment for which there is a then
current issued and valid Class A, AA, C, D, E, F, or K
license. The permit shall entitle the holder to provide
entertainment of the following nature, but not limited
to: dances, concerts, or such other similar forms of
temporary special events of an entertaining nature
wherein the patrons are between the ages of 18-20 years .
No alcoholic liquor may be displayed, sold, advertised,
served, possessed or consumed at any time during any teen
night event.
B. All teen night permit applications submitted to the local
liquor control commission must contain the following:
1 . The number of employees and/or performers to be used
toP- for the event;
2 . Designation of an individual who will be available
prior to and during the event and who shall have
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r-
authority to accept complaints, notice of
violations, or take corrective actions required by
the City;
3 . A security plan with an acknowledgment that any
changes to the security plan must be submitted to
the Chief of Police in writing five (5) business
days before the event;
4 . Any advertising including a list of places where
advertising is to occur and examples of the type of
advertising;
5 . Complete address and location which is to be used
for the purposes of the event.
C. Any teen night permit issued by the local liquor control
commission shall also be subject to the following
limitations :
1 . All tickets may be sold before the event with the
number of tickets sold limited to the occupancy
limit of the premises minus any employees and
performers .
2 . A security plan must be followed without any changes
unless such change has been submitted to the Chief
of Police in writing and the Chief of Police has
approved it prior to the event being operated.
3 . Security personnel shall be required for the maximum
capacity of the event at the facility as determined
by the Fire Chief and/or the Chief of Police.
4 . Approximately one and one-half hours prior to the
opening of the event, a pre-opening inspection may
be conducted by the City to insure compliance with
all codes and ordinances .
5 . No members of the general public shall be allowed in
prior to the opening of the event.
6 . Only one event per application shall be allowed.
7 . Automatic or manually operated counters are required
to be used to determine occupancy of the building.
8 . Only the holder of the liquor license for the
establishment may apply for the event.
r- 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
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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 .
10 . A special police detail with a minimum of two City
police officers shall be required for the event to
be paid for in advance by the permit holder.
11 . The hours of a teen night shall last no later than
1 : 00 a.m. "
Section 4 . That Sections 6 . 06 . 060 and 6 . 06 . 070 of the
Elgin Municipal Code, 1976, as amended, entitled "License
Application-Filing-Processing Fee and License-Application-Con-
tents" be and are hereby further amended to read as follows :
"6.06 .060 LICENSE APPLICATION-FILING-PROCESSING FEE.
Applications shall be directed to and filed with the
local liquor control commission and shall be accompanied by
the 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 a new 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. Prior to issuance of
a new Class B-1 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
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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.
6.06.070 LICENSE-APPLICATION-CONTENTS.
A. All applications shall be on forms approved by the local
liquor control commission and provided by the city.
Applications shall be accompanied with a form of bond
showing names and qualifications of sureties, but such
bond need not be executed by sureties prior to approval
of application by the local commission. Such bond shall
be a joint and several bond executed by applicant with
good and sufficient sureties residing in the city or
licensed to do business in the state, in the sum of
$5,000 .00, conditioned upon true and faithful compliance
with this chapter and the laws of the state relating to
alcoholic liquors; and conditioned further for the
payment of fines, penalties, and judgments levied against
licensee for offenses and liabilities arising out of the
unlawful sale of alcoholic liquors; provided, however,
that said applicant may substitute for the bond a policy
of insurance in like amount issued by an insurance
company approved by the local liquor control commission
in the form commonly known as "dramshop" insurance.
B. Each license application for an initial license at a
premises shall be accompanied by a set of floor and site
plans prepared under the seal of an architect or engineer
licensed to practice in the state. The plans shall show
the dimensions of the premises, its location on and the
dimensions of its site; the property lines and their
relationship to the building and all parking areas
located on the property; and the design and layout for
determination of occupancy, including but not limited to
exiting, seating, dining rooms, bars, game and waiting
areas and position of equipment and fixtures therein
whether or not an application for a license has or will
be submitted. The plans shall show on the face thereof a
written computation of proposed occupancy limits, parking
requirements and areas which will be reasonably necessary
for loading and unloading. The layout of a licensed
premises may not be substantially changed without
submission of a new set of plans and approval by the
liquor commission.
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C. Each application shall be executed by the applicant
seeking the license, shall be under oath stating all
material information required in Article 7 , Section 1 of
the "Act Relating to Alcoholic Liquors . " If the
application is partnership, all partners shall sign the
application. If the application is a corporation or
club, the president and secretary of the applicant
business entity shall sign the application. Each
application shall contain at least the following
information and statements:
1 . The applicant 's name, birthdate, social security
number, driver' s license number, address, position
and percentage of ownership in the business; and the
name, birthdate, social security number, driver' s
license number, address, position and percentage of
ownership in the business of every sole owner,
partner, corporate officer, director, manager and
any person who owns 5% or more of the shares of the
applicant business entity or parent corporations of
the applicant business entity. The Articles of
Incorporation for any corporation shall be attached
to the application.
2 . The class of license applied for.
3 . The nature of the business which the applicant
intends to carry out, and in the case of an
applicant for a Class E or E-1 license, the amount
of applicant's anticipated gross monthly revenue
with the gross monthly revenues from the sale of
food and from other sources calculated.
4 . The nature of entertainment proposed to be offered
within the proposed premises .
5 . The length of time the applicant has been a resident
of the state, the county and the city, or if a
partnership, the length of time that each partner
has been a resident of the state, county and city.
6 . The length of time the applicant has been in the
business of that character or, in the case of a
corporation, the date on which its charter was
issued, the state of incorporation, and if a foreign
corporation, the date of being qualified to do
business under the "Business Corporation Act of
1983" .
7 . The addresses, and telephone numbers of the
rft. premises, business office if different, manager, and
in the case of an original application, a detailed
description of the premises and an exterior
photograph. In the case of all other applications,
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the addresses and telephone numbers of the premises,
business office if different, and manager, and a
statement that the physical premises has not been
modified or altered since the prior submission of an
application.
8 . A list of governmental entities to which the
applicant or any shareholder, director or official,
has submitted an application for a liquor license,
the dates of such application, the disposition of
such application, amounts of and reasons for fines
imposed, and the dates, reason and length of
suspension or revocation of such license, if any.
9 . A list of convictions of the applicant for any
non-traffic violations of any ordinance or statute
of any city, county or state or of the federal
government indicating the names of the offenses and
dates of conviction.
10 . Documentation sufficient to establish that the
licensee beneficially owns the premises for which a
license is sought or has a lease thereon for the
full period for which the license is to be issued
and that the licensee has sole or exclusive
possession of the premises for which the license is
sought.
D. No person shall knowingly furnish false or misleading
information or withhold any relevant information on any
application for any license required by this chapter nor
knowingly cause or suffer another to furnish or withhold
such information on his behalf . No person shall
knowingly furnish any false or misleading information in
the investigation of any application for a license
required by this chapter. No person shall willfully
withhold any information that is relevant to any such
investigation when called upon by any city officials to
furnish such information. The furnishing of false or
misleading information or withholding any relevant
information on any application for any license required
by this article shall be grounds for denial of any such
application. "
Section 5 . That Section 6 .06 .075 of the Elgin Municipal
Code, 1976, as amended, entitled "Records" be and is hereby
added to read as follows :
"6.06.075 RECORDS.
ePik A licensee holding a Class E or E-1 license shall keep or
cause to be kept, at the licensed premises, records
showing all sales such that the licensee can document
that fifty percent (50%) or more of the gross revenue in
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any month from the operation of the licensed premises is
derived from the serving of meals . Such records shall,
at all times during business hours of the day, be subject
to inspection by representatives of the liquor commission
and copies thereof shall be produced to the liquor
commission within seven (7) days of a written request for
same. Such records shall be preserved for a period of
two (2) years unless the liquor commission, in writing,
authorizes their destruction or disposal at an earlier
date. Failure to maintain or produce such records is
unlawful and cause for revocation of the license to sell
any alcoholic liquor. The information contained in such
records shall be held in confidence by the liquor
commission unless such records are to be utilized in any
hearings on any charges brought against the licensee. "
Section 6 . That Section 6 .06 .080 of the Elgin Municipal
Code, 1976, as amended, entitled "License-Fee Payment-Renewal"
be and is hereby further amended to read as follows :
"6.06.080 LICENSE-FEE PAYMENT-RENEWAL.
A. Except for Class H, I and L licenses, all license fees
shall be due and payable on or before May 1st of each
year. The requisite fee shall accompany all original or
renewal applications . Class H, I and L license fees shall
be due and payable upon application.
B. All licenses, other than Class H, I and L licenses, shall
expire on April 30th, next day after the date of issue.
Class H, I and L licenses shall expire at the end of the
period for which any such license has issued.
C. Failure or neglect to pay the requisite fees in a timely
manner shall be cause for denial of issuance or
nonrenewal or revocation as the case may be.
D. Any applicant whose establishment is located on property
involuntarily annexed to Elgin after June 1, 1989 and
who, at the time of such annexation, holds a current and
valid county liquor license, shall have its initial
license fee abated by an amount equal to the fee paid to
the county for the license in effect on the date of
annexation. "
Section 7 . That Section 6 . 06 . 090, Subparagraphs C, D, F,
G and I of the Elgin Municipal Code, 1976, as amended,
entitled "License-Issuance Limitations" be and are hereby
further amended to read as follows :
"C. Notwithstanding any other provisions of this code, no new
Class A, B or B-1 license shall be granted for any
premises located in the CC1 or CC2 Center City zoning
districts unless the minimum number of parking spaces are
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MEM
provided on the licensed premises as required under
Section 19 .45 .080 of this code, as amended, or unless the
licensed premises is located within 250 feet of a
municipal off-street parking facility.
D. No Class A, B or B-1 license shall be granted for any
premises located wholly or partially on South Grove
Avenue from Spring Street on the south to Chicago Street
on the north or on DuPage Court from Spring Street on the
east to South Grove Avenue on the west.
F. Except as provided for in Section 6 . 06 . 095G, no license
shall be issued except after a public meeting before the
liquor commission pursuant to Section 6 . 06 . 095 .
G. The issuance limitations set forth in subsections E and F
of this section shall not apply to Class H and I licenses .
I . No initial Class B or B-1 license shall be considered or
granted until the applicant has obtained a conditional
use for such an establishment pursuant to the procedures
under Chapter 19 . 65, as amended. "
Section 8 . That Section 6 . 06 . 095, Subparagraphs A and G
of the Elgin Municipal Code, 1976, as amended, entitled
"Application-Meeting-Notice" be and are hereby further amended
to read as follows :
"A. Except as provided for in Section 6 . 06 . 095G, prior to
issuance of any new license after August 1, 1989, a
public meeting shall be held by the commission to
determine if the issuance limitations set forth in
Section 6 .06 . 090 are met. At this meeting the applicant,
city officials and/or the general public may present
evidence and testimony.
G. The chairman of the local liquor commission may, upon
proper application showing conformance with all legal
requirements, grant Class H and I licenses without
conducting a public hearing thereon. In the event the
chairman of the local liquor commission declines to grant
any application for a Class H or I license, then such
application shall be submitted to the local liquor
control commission for a public hearing and consideration
as provided in this chapter. "
Section 9 . That Section 6 . 06 . 100, Subparagraph C of the
Elgin Municipal Code, 1976, as amended, entitled
"License-Change in Personnel" be and is hereby further amended
to read as follows :
"C. When a license has been issued to a corporation and a
change takes place in the officers, directors, managers
or shareholders of more than five percent of the stock,
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which change results in the holding of office or shares
by one who is not eligible for a license, said license
shall terminate. Any transfer of fifty percent or more
of the partnership interest or of the shares of a Class B
licensee 's corporate stock shall require a payment of
$10,000 by the stock transferee to the City Clerk to be
placed in the general fund of the City. Any transfer of
50% or more of the partnership interest or of the shares
of a Class B-1 licensee' s corporate stock shall require
payment of $5,000 by the stock transferee to the City
Clerk to be placed in the General Fund of the City. "
Section 10. 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, B, B-1, C, D, E, E-1,
F, G, H, J, N, 0 or P license may sell or permit to be
sold alcoholic liquors only between the following hours :
Day(s) Time
e 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. Hours of sales may be expanded by the local liquor
control commission for three hours as provided by Section
6 .06 . 140 (B) . "
Section 11 . That Section 6 . 06 . 120, Subparagraph A of the
Elgin Municipal Code, 1976, as amended, entitled
"License-Revocation-Suspension-Fines" be and is hereby further
amended to read as follows :
"A. The local liquor control commission may revoke or suspend
any license or permit issued pursuant to this chapter for
cause. The local liquor control commission may also
impose a fine on the licensee provided such fine shall
not exceed $2, 000 . 00 for each violation; each day on
which a violation continues or occurs shall constitute a
separate violation. Provided further, not more than
$10,000 . 00 in fines under this chapter may be imposed
against any licensee during the period of his license. In
addition to other penalties imposed in this chapter, a
person violating any regulation of this chapter may be
required to again complete a BASSET training program as
required in Section 6 . 06 . 115 . "
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Section 12 . That Section 6 . 06 . 140, Subparagraphs M, 0 and
R of the Elgin Municipal Code, 1976, as amended, entitled
"Offenses by Licensee" be and are 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 grocery
stores, convenience stores and gas stations which operate
on a 24-hour basis, restaurants, clubs, the riverboat
pavilion, 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;
0. 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
tow areola, nipple or any simulation thereof.
R. Permit any person to a Class A, AA, B, B-1, C, D, E, F,
G, K, M, N, 0 or P licensed establishment to serve or
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sell alcoholic beverages unless that person has completed
the BASSET training program as required in Section
6 . 06 . 115 . "
Section 13 . That Section 6 . 06 . 155 of the Elgin Municipal
Code, 1976, as amended, entitled "Use of False Proof of Age"
be and is hereby added to read as follows :
"6.06 . 155 USE OF FALSE PROOF OF AGE.
It shall not be a defense, affirmative or otherwise, to
the charge of sale of alcoholic liquor to persons under the
age of 21 that the licensee or their employee or agent
demanded and was shown and reasonably relied upon false
written evidence of a minor' s age notwithstanding the
provisions of 235 ILCS 5/6-16 or any other provisions of law. "
Section 14 . That this ordinance shall be in full force
and effect upon its passage, provided, however, that the
amendatory provisions of Section 1 of this ordinance shall not
be in effect with respect to current liquor license holders
until the expiration of the currently issued liquor licenses
on April 30, 1996 .
few Section 15 . That a licensee currently holding a Class E
license who as of May 1, 1996, is required to convert such
license to a different class of license as a result of the
amendatory provisions of Section 1 of this ordinance shall be
considered as applying for a license renewal rather than a new
or initial license.
Section 16 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are
hereby repealed.
Kevin Kelly, Mayo
Presented: December 6, 1995
Passed: December 6, 1995
Vote: Yeas 7 Nays 0
Recorded: December 7, 1995
Published: December 15, 1995
Attest:
.'1 A ,
Dolonna Mecum, City Clerk
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