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G43-00 • i r* CITY OF ELGIN ORDINANCE NO. G43-00 AN ORDINANCE AMENDING CHAPTER 6.06, OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" PASSED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 12TH DAY OF July 2000 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 14th day of July 2000. r • elbk 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 July 12, 2000, the Corporate Authorities of such municipality passed and approved Ordinance No. G43-00 entitled "An Ordinance Amending Chapter 6.06 of the Elgin Municipal Code, 1976, as Amended, Entitled "Alcoholic Liquor," which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G43-00, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the rilk municipal building commencing on July 14, 2000, 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 July 14, 2000. Municipal Clerk (SEAL) Ordinance No . G43-00 AN ORDINANCE AMENDING CHAPTER 6 . 06 OF THE ELGIN MUNICIPAL CODE, 1976 AS AMENDED, ENTITLED ALCOHOLIC LIQUOR DEALERS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Section 6 . 06 . 010 of the Elgin Municipal Code, 1976, as amended, entitled Definitions be and is hereby amended by amending the first paragraph of said section to read as follows : Words or phrases as used in this chapter shall be defined as provided by Article I of the Liquor Control Act of 1934 (235 ILCS 5/1-1 et seq. ) , as amended, except as otherwise provided herein. Section 2 . That Section 6 . 06 . 040 of the Elgin Municipal Code, 1976, as amended, entitled Licenses-Classes-Fees be and is hereby amended by amending subsections A, B, C, D, P and T thereof to read 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 $2 , 000 . 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 is revoked or not renewed or the business is sold. The annual license fee is $2 , 000 . 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 store shall mean retail stores selling general merchandise including primarily convenience items and a limited selection of groceries on premises having less that 5, 000 square feet of floor area . Any Class B license existing after 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 $2 , 000 . 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 $1 , 500 . 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 the premises . 4 . Second Floor-Designated banquet facility for consumption on the 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 area. The first floor designated tavern 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 . The license fee per year is $2 , 000 . 00 . Class N-1 . 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 : ev Second Floor-Designated lounge area for consumption on the premises with admission thereto being limited to members and their guests only of the private club known as the Brighton Lounge . The term premises shall include the adjoining exterior terrace areas used in conjunction with the designated area. Said 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 . The license fee per year is $1, 500 . 00 . 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 licensee holding a Class R license may also sell or permit to be sold alcoholic liquors on New years Eve from 9 : 00 p.m. until 3 : 00 a.m. the following day. 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 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, 500 . 00 . Section 3 . That Section 6 . 06 . 050 of the Elgin Municipal Code, 1976, as amended, entitled Licenses-Number to be Issued be and is hereby amended by amending subsection B thereof to read as follows : B The number of Class B licenses shall not �► exceed seventeen (17) in number. Section 4 . That Section 6 . 06 . 060 of the Elgin Municipal Code, 1976 , as amended, entitled License Application Filing Processing Fee be and is hereby amended by amending the first paragraph thereof to read as follows : Applications shall be directed to and filed with the local liquor control commission. In addition to all other fees imposed the applicant shall also pay a non-refundable $150 . 00 at the time of filing to cover the cost of processing the application. Prior to the issuance of any license the applicant shall pay to the city clerk the full amount of the annual license fee required to be paid for the kind of license applied for. Section 5 . That Section 6 . 06 . 115 of the Elgin Municipal Code, 1976, as amended, entitled BASSET Training Requirements be and is hereby amended by amending subsection 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, N-1, 0, P, R and S 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 6 . That Section 6 . 06 . 117 of the Elgin Municipal Code, 1976, as amended, entitled Service Hours be and is hereby amended by amending subsection A thereof to read as follows : A. A licensee holding a Class A, AA, B, B-1 , C, D, E, E-1, F, G, H, J, 0, P or S license may sell or permit to be sold 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 a.m. the following day New Years Eve 3 : 00 a .m. the following day Section 7 . That Section 6 . 06 . 140 of the Elgin Municipal Code, 1976, as amended, entitled Offenses by Licensee be and is hereby amended by amending subsection R thereof to read as follows : eibk R. Permit any person to a Class A, AA, B, B-1, C, D, E, F, G, K, M, N, 0, P, or S licensed establishment to serve or sell alcoholic beverages unless that person has completed the BASSET training as required in Section 6 . 06 . 115 of this chapter. Section 8 . That the license fees set forth in Section 2 of this ordinance shall not apply to applicants for alcoholic liquor licenses that have filed applications before the local liquor commission before the effective date of this ordinance provided that any such application has been completed in accordance with all applicable provisions of Chapter 6 . 06 of the Elgin Municipal Code, 1976, as amended. Section 9 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 10 . That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. c.:Z.Z40/ Ed Schock, Mayor Presented: July 12 , 2000 Passed: July 12 , 2000 Vote : Yeas 5 Nays 1 Recorded: July 13 , 2000 Published: July 14, 2000 Attest : //)1.-c Dolonna Mecum, City Clerk