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G75-01 CITY OF ELGIN ORDINANCE NO. G75-01 AN ORDINANCE AMENDING CHAPTER 14.04 OF THE ELGIN MUNICIPAL CODE, 1976 AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" PASSED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 14TH DAY OF NOVEMBER 2001 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 16th day of November 2001. elimk r 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 November 14, 2001, the Corporate Authorities of such municipality passed and approved Ordinance No. G75-01, which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G75-01, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building commencing on November 16, 2001, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection ellik upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on November 16, 2001. Municipal Clerk (SEAL) Ordinance No. G75-01 AN ORDINANCE AMENDING CHAPTER 6 . 06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" Section 1 . That Section 6 . 06 . 040T of the Elgin Municipal Code, 1976, as amended, entitled "License Classes; Fees; Class R, " be and is hereby amended to read as follows : 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 CC1 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 nine o ' clock (9 : 00) P.M. until four o ' clock (4 : 00) A.M. the following day and on one other day during the week from eight o' clock (8 : 00) P.M. until two o ' clock (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 the Wednesday immediately preceding Thanksgiving Day from nine o' clock (9 : 00) P.M. until four o' clock (4 : 00) A.M. the following day and on New Year' s Eve from nine o 'clock (9 : 00) P.M. until four o ' clock (4 : 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 one o ' clock (1 : 00) A.M. and four o' clock (4 : 00) A.M. on Saturdays and Sundays, the Wednesday immediately preceding Thanksgiving Day and on New Year' s Eve, 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 one thousand five hundred dollars ($1, 500 . 00) . Section 2 . That Section 6 . 06 . 050A of the Elgin Municipal Code, 1976, as amended, entitled "Licenses; Number to be Issued, " be and is hereby amended to read as follows : e., A. The number of Class A licenses shall not exceed nineteen (19) in number. Section 3 . That Section 6 . 06 . 070 of the Elgin Municipal Code, 1976, as amended, entitled "Application; Contents, " be and is hereby amended to read as follows : 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 liquor 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 five thousand dollars ($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. 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 applicant is a partnership, all partners shall sign the application. If the applicant is a corporation or club, the president and secretary of the applicant business entity shall sign the application. If the applicant is a limited liability company, the managers of the limited liability company shall sign the application. If the members of the limited liability company do not elect managers, the application shall be signed by the members with interests representing the majority of the book value of the membership interests unless the articles of organization or operating agreement otherwise provide the manner in which members of managers may bind the limited liability company. 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 of a limited liability company, manager and any person or member of a limited liability company who owns five percent (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 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 or a limited liability company, ""'' the length of time that each partner or member of a limited liability company has been 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 , " and if a limited liability company, the date on which it was organized in accordance with the "Illinois Limited Liability Company Act" . 7 . The addresses, and telephone numbers of the 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, 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, member or manager of a limited liability company 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. The applicant shall also execute all necessary documents providing for the applicant ' s authorization for the City to conduct non-fingerprint criminal history conviction background checks . The costs of such criminal history conviction background checks shall be paid by the applicant . 10 . Documentation sufficient to establish that the licensee beneficially owns the premises e"''' 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 wilfully 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 Chapter shall be grounds for denial of any such application. Section 4 . That Section 6 . 06 . 090B of the Elgin Municipal Code, 1976, as amended, entitled "License; Issuance Limitations, " be and is hereby amended to read as follows : B. No license shall be granted to any person or for any premises not qualified for such license under the laws of the State or any ordinance of the City. No license shall be granted to a partnership if any partner thereof owning more than five percent (5%) interest in such partnership would not be eligible to receive a license under the laws of the State or any ordinance of the City other than residence within the City. No license shall be granted to any corporation, if any officer, manager or director thereof, or any stockholder or stockholders owing in aggregate more than five percent (5%) of the stock of such corporation, would not be qualified for such license under the laws of the State or any ordinance of the City other than residence within the City. No license shall be granted to a limited liability company if any member thereof owning more than five percent (5%) of the book value of the membership interest in such limited liability company would not be eligible to receive a license under the laws of the State or any ordinance of the City other than residence within the City. Section 5 . That Section 6 . 06 . 100 of the Elgin Municipal Code, 1976, as amended, entitled "License; Change in Personnel , " be and emk is hereby amended to read as follows : Changes in personnel of any license are subject to the following: A. Any changes in partnerships, officers, directors, members or managers of a limited liability company, or persons holding directly or beneficially more than five percent (5%) of the stock or ownership interest in a partnership or limited liability company, or managers of establishments licensed under this chapter, shall be reported in writing to the local liquor control commission within ten (10) days of the change. All such persons shall meet all the standards of this chapter and must otherwise qualify to hold a liquor license. All changes in personnel shall be subject to review by the local liquor control commission. B. When a license has been issued to a partnership or a limited liability company and a change of ownership occurs resulting in a partnership interest , or a membership interest in the case of a limited liability company, by one who is not eligible to hold a liquor license, said license shall terminate. C. When a licensee license has been issued to a corporation and a change takes place in the officers, directors, managers or shareholders of more than five percent (5%) of the stock, 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 (50%) or more of the partnership interest, membership interest in a limited liability company, or of the shares of a Class B licensee ' s corporate stock shall require a payment of ten thousand dollars ($10, 000 . 00) by the stock transferee to the city clerk to be placed in the general fund of the city. Any transfer of fifty percent (50%) or more of the partnership interest, membership interest in a limited liability company, or of the shares of a Class B-1 licensee ' s corporate stock shall require payment of five thousand dollars ($5, 000 . 00) by the stock transferee to the city clerk to be placed in the general fund of the city. 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 upon its passage and publication in the manner provided by law. Ed c ock, Mayor Presented: November 14 , 2001 Passed: November 14 , 2001 Vote : Yeas : 7 Nays : 0 Recorded: November 15, 2001 Published: November 16, 2001 Attest : 7 Dolonna Mecum, C✓ity Clerk emk