G21-01 CITY OF ELGIN
ORDINANCE NO. G21-01
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 11TH DAY OF APRIL 2001
Published in pamphlet form by authority of the
City Council of the City of Elgin, Kane and
Cook Counties, Illinois, on this
13th day of April 2001.
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 April 11, 2001, the Corporate Authorities of such
municipality passed and approved Ordinance No. G21-01, which provided by its terms
that it should be published in pamphlet form.
The pamphlet form of Ordinance No. G21-01, including the Ordinance and
a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the
municipal building commencing on April 13, 2001, and continuing for at least ten days
thereafter. Copies of such Ordinance were also available for public inspection upon
?O"` request in the office of the municipal clerk.
DATED at Elgin, Illinois, on April 13, 2001.
Municipal Clerk
(SEAL)
I'�`
Ordinance No. G21-01
AN ORDINANCE
AMENDING CHAPTER 6 . 06 OF THE ELGIN MUNICIPAL CODE, 1976
AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS"
(Offenses by Licensee and Preservation of Peace)
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS :
Section 1 . That Section 6 . 06 . 140 of the Elgin Municipal Code,
1976, as amended, entitled "Offenses By Licensee, " be and is hereby
amended to add the following subsections :
"R. To permit any person to loiter or possess open
alcohol in an area of the licensed premises where patrons
are authorized to park vehicles and within any means of
ingress and egress to a parking facility located on the
licensed premises . For the purposes of this section, the
term "licensed premises" shall include the lot, plot or
parcel of land upon which said alcoholic liquors are
sold. "
Section 2 . That Chapter 6 . 06 of the Elgin Municipal Code,
1976, as amended, entitled "Alcoholic Liquor Dealers" be and is
hereby amended to add Section 6 . 06 . 145, entitled "Preservation of
Peace on Premises Selling Alcoholic Beverages, " to read as follows :
6 . 06 . 145 PRESERVATION OF PEACE ON PREMISES LICENSED FOR
THE RETAIL SALE OF ALCOHOLIC LIQUOR
A. It shall be the duty and responsibility of each
licensee, and the licensee' s employees or agents, to
maintain the licensed premises in a peaceable and orderly
manner so not to allow any patron, employee or member of
the public on the licensed premises to commit any
criminal act or any act which act is done in an
unreasonable manner so as to alarm or disturb another and
to provoke a breach of the peace .
B. Each licensee shall have sufficient employees
or agents on the licensed premises to maintain the peace .
Any employee, agent , or person acting on behalf of the
licensee shall be suitably trained to maintain the peace
of the licensed premises, and may not act in any fashion
so as to promote or aggravate situations which may result
in physical altercations , fighting or other acts of an
unreasonable manner so as to alarm or disturb another and
provoke a breach of the peace .
„,�► C. No licensee, employee or agent of the licensee
shall knowingly permit any fighting on the licensed
premises . For the purposes of this section, fighting
shall consist of physical contact of an insulting or
provoking nature or causing physical harm to an
individual .
D. "Licensed premises, ” as defined for purposes of
this section, shall mean the actual physical space or
location where alcoholic beverages are stored, displayed,
offered for sale or where drinks containing alcoholic
beverages are mixed, concocted and served for
consumption. Included is the lot , plot or parcel of land
owned or otherwise controlled by the licensee; any area
set aside for use by the general public including rest
rooms and lounges; any area used by agents or employees
of the licensee for preparation of services including
kitchen or storage facilities; any outdoor area wherein
the public is served or awaiting service; any parking
area or facility owned or otherwise controlled by the
licensee .
E. "Criminal activity, " as defined for purposes of
this section, shall mean any conduct constituting a
criminal offense under federal, state or local law.
F. Each licensee or employee or agent of the
licensee who is present or observes any type of criminal
activity or fighting on the licensed premises shall
immediately notify the city' s police department when the
licensed premises does not provide a special police
detail consisting of at least one city police officer
during all hours of operation. The police department
shall inform the local liquor control commission of any
conduct of patrons or other persons on any licensed
premises which results in fighting or tends to breach the
peace or constitutes criminal activity.
G. Failure to report any incident as required
under subsection F of this section shall subject the
licensee to the revocation or suspension of the retail
alcoholic liquor dealer ' s license, as well as a possible
fine from the local liquor control commission. In the
event that more than ten incidents of disorderly conduct,
fighting or other criminal activity occur on any licensed
premises within the course of any twelve month period,
such a licensed premises shall constitute a public
nuisance and shall constitute cause for the revocation or
suspension of the retail liquor dealer' s license, the
imposition of a fine, or both pursuant to Section
6 . 06 . 120A of this chapter.
H. The local liquor control commission shall have
the right and the authority to revoke or suspend the
retail liquor dealer ' s license as well as fine or take
any other legal steps necessary to prevent the recurrence
of a public nuisance as defined in this section. "
Section 3 . That Section 6 . 06 . 150 of the Elgin Municipal Code,
1976, as amended, entitled "Offenses By Other Than Licensee, " be
and is hereby amended to read as follows :
"I . It is unlawful for any person to loiter or
possess open alcohol in an area of any premises licensed
under the provisions of this Chapter where patrons are
authorized to park vehicles and within any means of
ingress and egress to a parking facility located the
licensed premises . For the purposes of this section, the
word "premises" shall include the lot, plot or parcel of
land upon which said alcoholic liquors are sold. "
Section 4 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are hereby
repealed.
Section S . That this ordinance shall be in full force and
effect upon its passage and publication in the manner provided by
law.
Ed Schock, Mayor
Presented: April 11, 2001
Passed: April 11, 2001
Omnibus Vote : Yeas 7 Nays 0
Recorded: April 12 , 2001
Published: April 13 , 2001
Attest :
. .k4x,� A-e��
Dolonna Mecum, City Clerk