G48-03 esk CITY OF ELGIN
ORDINANCE NO. G48-03
AN ORDINANCE
AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED AALCOHOLIC LIQUOR DEALERS
PASSED BY THE
CITY COUNCIL OF THE
CITY OF ELGIN
ON THIS 25TH DAY OF JUNE 2003
Published in pamphlet form by authority of the
City Council of the City of Elgin, Kane and
Cook Counties, Illinois, on this
26th day of June 2003.
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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 June 25, 2003 , the Corporate Authorities of such
municipality passed and approved Ordinance No. G48-03, which provided by its terms
that it should be published in pamphlet form.
The pamphlet form of Ordinance No. G48-03, including the Ordinance
and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in
the municipal building commencing on June 26, 2003, 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 June 25, 2003.
Muni ipa Clerk
(SEAL)
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/111" Ordinance No. G48-03
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 :
A. Class E-2 : For the retail sale in restaurants, as defined
in article I, paragraph 2 .23 of the Illinois Liquor Control
Law, of alcoholic liquor for consumption on the premises;
expressly providing, however, that such licenses shall be
issued only to establishments having a regular capacity, in
accordance with existing city and state public health and
fire prevention ordinances and statutes, to serve meals to
emk not less than forty-five (45) persons at any one time, that
seventy-five percent (75%) or more of the gross revenue in
any month from the operation of the licensed premises must
be from the serving of meals and that thirty-five percent
(35%) or more of the total floor area of the establishment
must be utilized for dining room areas for the regular
service of meals . Alcoholic liquor may only be sold in
restaurants holding a Class E-2 liquor license to patrons
who order a complete meal . Service of alcoholic liquor
shall be provided only at tables . Service of alcoholic
liquor at bars is not permitted. There shall be no signage
outside a restaurant holding a Class E-2 liquor license
indicating or advertising the sale of alcoholic liquor.
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
that 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
"I► records available for inspection by the Local Liquor
Control Commission or its 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 .
D. The license fee per year is one thousand five hundred
dollars ($1, 500 . 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 E-2 licenses shall not exceed one (1)
in number.
Section 3 . That Section 6 . 06 . 059 of the Elgin Municipal
Code, 1976, as amended, entitled "Special Event Permit, " be and is
hereby amended by amending the section heading to read as
follows :
OFF-SITE SPECIAL EVENT PERMIT
Section 4 . 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, E-2 , F, G, J, K, N, N-1, 0, P, Q, R, S, 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
eft license .
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e.► Section 5 . 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, E-
2 , F, G, H, J, 0, P, S, T, U or V license may sell or
permit to be sold alcoholic liquors only between the
following hours :
Section 6 . That Section 6 . 06 . 140 of the Elgin Municipal
Code, 1976, as amended, entitled "OFFENSES BY LICENSEE, " be and
is hereby amended by amending subparagraph Q to read as follows :
Permit any person in a class A, AA, B, B-1, C, D, E, E-1,
E-2 , F, G, J, K, N, N-1, 0, P, Q, R, S, T, U or V licensed
establishment to serve or sell alcoholic beverages unless
that person has completed the BASSET training program as
required in section 6 . 06 . 115 of this chapter.
Section 7 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are hereby
repealed.
Section 8 . 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: June 25, 2003
Passed: June 25, 2003
Omnibus Vote : Yeas : 7 Nays : 0
Recorded: June 26, 2003
Published: June 26, 2003
Attest :
U� d'410v4 _
Dolonna Mecum, City Clerk
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