G79-01 Ordinance No. G79-Ol
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 Chapter 6 . 06 of the Elgin Municipal Code,
1976, as amended, entitled "Alcoholic Liquor Dealers, " be and is
hereby amended by amending Section 6 . 06 . 040, entitled, "License
Classes; Fees, " to add the following new subsection to read as
follows :
"V. Class T: For the incidental retail sale of beer, wine and
liqueurs for consumption on the premises where sold and
for the incidental retail sale of beer, wine and liqueurs
in the original package not for consumption on the
premises where sold. For the purposes of this section,
"liqueur" shall mean any of the various strong sweet
alcoholic spirits flavored with aromatic substances
usually drunk after a meal . The retail sale and
rft. consumption on the premises of alcoholic liquor commonly
known as "hard liquor, " including but not limited to gin,
rum, tequila, vodka and whiskey, is expressly prohibited
under the Class T liquor license . In addition to any
other restrictions and conditions set forth in this
Title, Class T liquor licenses shall be subject to the
following restrictions and conditions :
1 . The primary business of the licensee shall be the
sale of gourmet food products for consumption on or
off the premises where sold. For the purposes of
this Section, "gourmet food products" shall mean
high-quality food that is sophisticated, expensive,
rare or meticulously prepared, including coffee and
tea products .
2 . The sale of alcoholic liquor authorized to be sold
by the Class T liquor license shall be incidental
to the sale of gourmet food products .
a. The test to determine whether the sale of
alcoholic liquor is incidental to the
primary business of selling gourmet food
products shall be a comparison of the
gross revenue derived by the licensee
from the sale of alcoholic liquor to the
/► gross revenue obtained by the licensee
[ from the sale of all products other than
alcoholic liquor during the period in
which the license is granted.
b. For the purposes of this Section, "gross
revenue" shall be defined as the total
amount of cash or other consideration,
including all taxes collected by the
seller, received by the licensee as the
result of the transfer of goods, or the
provision of services to another.
c. It shall be a condition to the renewal of
a Class T liquor license that, for the
period during which the applicant for
renewal was a licensee in such class, the
licensee' s gross revenue from the sale of
alcoholic liquor authorized to be sold by
the Class T liquor license does not
exceed five percent (5%) of the
licensee' s gross revenue from the sale of
gourmet food products in the ordinary
course of business by the licensee .
rft.
d. The licensee shall maintain adequate
books and records in accordance with
generally accepted accounting standards
which shall clearly indicate gross
revenue from the sale of alcoholic liquor
separately from the gross revenue for the
sale of gourmet food products . The
licensee shall make such books and
records available for inspection by the
Local Liquor Control Commission or it' s
designee . Such inspection may be
conducted during normal business hours on
the licensed premises or at such other
location in the City as directed by the
Local Liquor Control Commission. The
Local Liquor Control Commission shall
determine, as a result of such
inspection, whether, in the Local Liquor
Control Commission' s opinion, the books
and records maintained by the licensee
meet the requirements of this Section and
whether there is cause for the Local
Liquor Control Commission to revoke or
suspend the license, impose a fine on the
licensee, or impose a fine in addition to
ANN
revoking and suspending the license in
accordance with the provisions of this
Title .
e . Should the Local Liquor Control
Commission determine that the licensee is
not attempting in good faith to comply
with the provisions concerning the sale
of alcoholic liquor authorized to be sold
by the Class T liquor license as an
incidental part of a gourmet food
business, and within the limitations
imposed upon the gross revenue from the
sale of alcoholic liquor as provided in
this Section, the Local Liquor Control
Commission may impose a fine upon the
licensee, revoke or suspend the license,
or impose a fine in addition to revoking
and suspending the license in accordance
with the provisions of this Title .
3 . The alcoholic liquor authorized to be sold by the
Class T liquor license shall not occupy more than
ten percent (10%) of the shelf space in the public
portion of the licensed premises and shall not be
visible from the exterior of the premises .
4 . The sale of alcoholic liquor authorized to be sold
by the Class T license shall not be advertised or
otherwise promoted in any way. Menus, menu boards,
table or counter top displays utilized in the
licensed premises referencing the sale of alcoholic
liquor shall not constitute advertising or
promotion for the purposes of this subsection.
5 . The package liquor business must be operated and
maintained in a physically separate manner from the
retail sale of gourmet food products businesses on
the premises .
6 . The annual fee for such liquor license shall be two
hundred and fifty dollars ($250 . 00) . "
Section 2 . That Section 6 . 06 . 115 of the Elgin Municipal Code,
1976, as amended, entitled "BASSET TRAINING REQUIREMENTS, " be and
is hereby amended by amending subparagraph A to read as follows :
�*+ 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 T
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 3 . That Section 6 . 06 . 117 of the Elgin Municipal Code,
1976, as amended, entitled "Service Hours, " be and is hereby
amended by amending the first paragraph of subparagraph A to read
as follows :
A licensee holding a Class A, AA, B, B-1, C, D, E, E-1,
F, G, H, J, 0, P or T license may sell or permit to be
sold alcoholic liquors only between the following hours :
Section 4 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are hereby
repealed.
Section 5 . That this ordinance shall be in full force and
effect upon its passage and publication in the manner provided by
rik law.
Ed Sc ock, Mayor
Presented: December 5, 2001
Passed: December 5, 2001
Omnibus Vote : Yeas : 7 Nays : 0
Recorded: December 6, 2001
Published: December 7, 2001
Attest :
$141.-A4z.
Dolonna Mecum, City Clerk
few
elk CITY OF ELGIN
ORDINANCE NO. G80-01
AN ORDINANCE
AMENDING TITLE 21 OF THE ELGIN MUNICIPAL CODE, 1976
AS AMENDED, ENTITLED "STORMWATER MANAGEMENT"
PASSED BY THE
CITY COUNCIL OF THE
CITY OF ELGIN
ON THIS 19TH DAY OF DECEMBER 2001
Published in pamphlet form by authority of the
City Council of the City of Elgin, Kane and
Cook Counties, Illinois, on this
21st day of December 2001.
ruk