G79-02. .
CITY OF ELGIN
ORDINANCE NO. G79-02
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 6TH DAY OF NOVEMBER 2002
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Published in pamphlet form by authority of the
City Council of the City of Elgin, Kane and
Cook Counties, Illinois, on this
8th day of November 2002.
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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 6, 2002, the Corporate Authorities of
such municipality passed and approved Ordinance No. G79-02, which provided by its
terms that it should be published in pamphlet form.
The pamphlet form of Ordinance No. G79-02, 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 8, 2002, 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 November 8, 2002.
Municipal ler
(SEAL)
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Ordinance No. G79-02
rift 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 subsections to read as
follows :
W. Class U: For the retail sale and consumption of
alcoholic liquor for consumption on the premises of
a "musical entertainment club, " as that term is
defined in this subsection, and subject to the
following conditions :
1 . "Musical entertainment" shall mean the playing
of live music by a person or person using
string, brass, reed, woodwind, percussion,
eft electronic or digital instruments at a volume
which does not create a public nuisance and/or
performances by individuals and/or groups
which may involve acting, singing, dancing,
comedy and the reading and/or recital of
poetry.
2 . "Musical entertainment club" shall mean a
facility in which "musical entertainment, " as
that term is defined in this subsection, shall
be provided to patrons of the establishment on
Fridays and Saturdays between the hours of
8 : 00 P.M. and 1 : 00 A.M. the following day, and
on such other days and hours as determined by
the licensee, subject to the provisions of
this chapter.
3 . A "restaurant , " as that term is defined in
article I , paragraph 2 . 23 of the Illinois
Liquor Control Law, shall be established on
the licensed premises of a musical
entertainment club in accordance with the
following conditions :
a. The restaurant established as part of a
musical entertainment club within the
em. premises of a musical entertainment club
shall have a regular capacity, in
accordance with existing city and state
public health and fire prevention
ordinances and statutes, to serve meals
to not less than one hundred (100)
persons at any one time, that thirty-five
percent (35%) or more of the gross
revenue in any month from the operation
of the licensed premises must be from
serving meals and that fifty percent
(50%) or more of the floor area of the
musical entertainment club must be
utilized for dining room area for the
regular service of meals .
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 . 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 from
the serving of meals . 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 revoking and suspending the
license in accordance with the provisions
of this Title .
4 . There shall be no signage outside the musical
entertainment club indicating or advertising
the sale of alcoholic liquor.
5 . The licensee shall provide for the service of
meals to its patrons during all times in which
alcoholic liquor is being served on the
premises, provided however, the licensee may
discontinue the service of meals to its
patrons not more than one (1) hour before
termination of the service hours for the sale
of alcoholic beverages as set forth in section
6 . 06 . 117A of this chapter.
6 . The license fee per year shall be $1500 . 00 .
X. Class V: For the retail sale and consumption of
alcoholic liquor in conjunction with events
conducted on the premises of the city-owned "The
Centre of Elgin, " provided (1) the retail sale of
alcoholic liquor is conducted with the operation of a food service facility operating on the premises,
(2) the retail sale and consumption of alcoholic
liquor is performed solely during times when food
is being served on the premises, and (3) the retail
sale and consumption of alcoholic liquor is
conducted solely within the Heritage Ballroom area
of the premises, notwithstanding the prohibitions
regarding the consumption of alcoholic liquor on
any public property as provided by subsection
6 . 06 . 150B of this chapter. The license fee per year
shall be $100 . 00 .
Section 2 . 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 adding new subparagraph E to read as
follows :
The number of Class U licenses shall not exceed one (1)
in number.
Section 3 . 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, T, U and
V 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 4 . 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, T, U or V license may sell or permit to
be sold alcoholic liquors only between the following
hours :
Section 5 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are hereby
repealed.
Section 6 . That this ordinance shall be in full force and
effect upon its passage and publication in the manner provided by
law.
_ _
Sc oc , Mayor
Presented: November 6 , 2002
Passed: November 6, 2002
Omnibus Vote : Yeas : 7 Nays : 0
Recorded: November 7, 2002
Published: November 8 , 2002
Attest :
Sigli -
Dolonna Mecum, City Clerk
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