G79-98 r
CITY OF ELGIN
e-
ORDINANCE NO. G79-98
AN ORDINANCE
AMENDING CHAPTER 6.06 ENTITLED
"ALCOHOLIC LIQUOR DEALERS" OF THE
ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
(CLASS R NIGHTCLUB)
ADOPTED BY THE
CITY COUNCIL OF THE
CITY OF ELGIN
ON THIS 9TH DAY OF SEPTEMBER 1998
Published in pamphlet form by authority of
the City Council of the City of Elgin, Kane
and Cook Counties, Illinois, on this 11th
day of September 1998.
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 September 9, 1998, the Corporate Authorities of
such municipality passed and approved Ordinance No. G79-98, entitled An Ordinance
Amending Chapter 6.06 Entitled "Alcoholic Liquor Dealers" of the Elgin Municipal
Code, 1976, as Amended, (Class R Nightclub), which provided by its terms that it
should be published in pamphlet form.
The pamphlet form of Ordinance No. G79-98, including the Ordinance
and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted
in the municipal building, commencing on September 11, 1998, and continuing for at
1' 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 September 11 , 1998.
Municipal Clerk
(SEAL)
Ordinance No. G79-98
AN ORDINANCE
AMENDING CHAPTER 6 . 06 ENTITLED "ALCOHOLIC LIQUOR DEALERS" OF
THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED
(Class R Nightclubs)
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 R
liquor license providing for a class of liquor license for
nightclubs; and
WHEREAS, the City of Elgin is an Illinois municipal
corporation and a home rule unit pursuant to the Constitutional
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 T to read as
follows :
"T. Class R. For the retail sale by a
nightclub, on the premises specified, of alcoholic
liquor for consumption on the premises only for
establishments located in the CC-1 Center City Zoning
District and east of the Fox River. A licensee
holding a Class R license may sell or permit to be
sold alcoholic liquors only on Fridays and Saturdays
from 9 : 00 p.m. until 4 : 00 a.m. the following day and
on one other day during the week from 8 : 00 p.m. until
2 : 00 a.m. the following day. Class R licensees shall
notify the liquor commission in writing as to the
specific weekday that sales will be conducted and
shall not change such weekday without providing the
liquor commission prior written notice. A special
police detail with a minimum of one city police
officer shall be required to be present at any
Class R establishment between the hours of 1 : 00 a.m.
and 4 : 00 a.m. on Saturdays and Sundays with such
special police detail to be paid for by the license
holder. In the event a nightclub seeking a Class R
license is a private club with admission limited to
members and their guests only the application and any
license issued for such an establishment shall so
provide and admission and the sale of alcohol at such
an establishment shall be limited to members and
their guests only. The license fee per year is
$1, 300 . "
Section 2 . That Section 6 . 06 . 050 of the Elgin Municipal
Code, 1976, as amended, entitled "License-Number to be Issued"
be and is hereby amended by adding a subparagraph D to read as
follows :
"D. The number of Class R licenses shall not
exceed one ( 1) in number. "
Section 3 . That Section 6 . 06 . 059 of the Elgin Municipal
Code, 1976 , as amended, entitled "Special Event Permit" be and
is hereby further amended by adding to the listing of licenses
in the first paragraph thereof a reference to the Class R
license.
Section 4 . That Section 6 . 06 . 115 of the Elgin Municipal
Code, 1976 , as amended, entitled "BASSET Training Requirements"
be and is hereby further amended by amending subparagraph A
thereof 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, B-1, C, D, E, E-1 , F, G, J, K, N, 0, P and
R license shall be accompanied with proof of
completion of a state certified "Beverage Alcohol
Sellers and Service Education and Training Program"
(BASSET) for all persons who serve or sell alcoholic
beverages pursuant to that license. "
Section 5 . That Section 6 . 06 . 140 of the Elgin Municipal
Code, as amended, entitled "Offenses by Licensee" be and is
hereby further amended by amending subparagraph N thereof to
read as follows :
"N. Permit any person who has not attained the
age of 21 years to remain on the premises of a Class
A or R licensee. This subsection shall not apply to:
1 . Persons 18 years of age or older, when such
person is on the premises pursuant to employment; or
2 . Persons accompanied by his or her parents,
legal guardian or spouse; or
3 . Food service establishments, except in
areas segregated and designated principally for the
few sale or consumption of alcoholic liquor, or for
bowling alleys, except when they are segregated and
designated principally for the sale or consumption of
alcoholic liquor, "
Section 6 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are
hereby repealed.
Section 7 . That this ordinance shall be in full force and
effect from and after its passage and publication in the manner
provided by law.
Kevin Kelly, Mayor
Presented: September 9 , 1998
Passed: September 9 , 1998
Vote: Yeas 4 Nays 2
Recorded: September 10, 1998
Published: September 11 , 1998
Attest:
Dolonna Mecum, City Clerk
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