G108-04 Amended Ordinance No. G108-04
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 subparagraph L of Section
6.06.040, entitled, "License Classes; Fees,"to read as follows:
Class I: For retail sale of alcoholic liquor limited to beer and wine only
during special events sponsored by the city or by a not for profit corporation or
association registered with the state. No license shall be issued for any such not
for profit corporation or association for more than four (4) consecutive days nor
for more than twelve (12) hours during any single day. A licensee holding a
class I license or the vendor selling alcoholic liquor pursuant to such class I
license may sell or permit to be sold alcoholic liquors consisting of beer and wine
only for the hours each day as specified in the class I license as issued. No more
than five (5) class I licenses shall be issued to any not for profit corporation or
association during any one calendar year. In the event such a not for profit
corporation or association utilizes a vendor who holds a then currently issued and
valid class A, AA, A-1, D, E, E-1, E-2, F, F-1, N, N-1, 0, P, R or S liquor license
in the city, such vendor shall actually conduct and be responsible for all liquor
sales. In the event such not for profit corporation or association does not so utilize
a vendor then prior to the issuance of any class I license to a not for profit
corporation or association such not for profit corporation or association shall post
with the city a bond in the amount of five thousand dollars ($5,000.00) in a form
approved by the corporation counsel which shall be in favor of the city. A
condition of the obligation of such bond shall be a guarantee that the special event
and the sale of alcoholic liquor shall be conducted in compliance with all
applicable ordinances and other requirements of law. Prior to the issuance of any
class I license the applicant shall submit to the chief of police a security plan
which must be approved by the chief of police which includes an
acknowledgement from the applicant that any changes to the security plan must
be submitted to the chief of police in writing five (5) days before the event. Such
security plan shall include a system of badges, plastic bracelets or other such
approved device so as to identify persons legally authorized to purchase and
consume alcoholic liquor. The license fee per day is twenty five dollars ($25.00).
Section 2. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled
"Alcoholic Liquor Dealers," be and is hereby amended by amending the introductory paragraph
of Section 6.06.055, entitled"Exterior Sales Permits," to read as follows:
r
•
There is established an exterior sales permit to allow the retail sale of
alcoholic liquor for consumption on or within any beer garden, patio area or other
similar outside or unroofed or unenclosed areas (hereinafter referred to as
"exterior sales areas") adjoining and utilized in conjunction with a principal
establishment for which there is a then currently issued and valid class A, AA,
A-1, C, D, E, E-1, E-2, F, F-1, K or 0 license. Except as otherwise expressly
authorized in this chapter, no alcoholic liquor may be sold, served or consumed in
any exterior sales area without first obtaining a permit as provided herein.
Section 3. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled
"Alcoholic Liquor Dealers," be and is hereby amended by amending the introductory paragraph
of Section 6.06.058, entitled "Outside Event Permit," to read as follows:
There is established an outside event permit to allow the retail sale of
alcoholic liquor for consumption on the adjoining outside areas of a licensed
premises used in conjunction with the licensee's principal establishment for which
there is a then currently issued and valid class A, AA, A-1, D, E, E-1, E-2, F, F-1,
I, J,N, 0, P or Q license. Except as otherwise expressly authorized in this chapter,
no alcoholic liquor may be sold, served or consumed at any outside event without
first obtaining a permit as provided herein. Any outside event permit shall also be
subject to the following:
Section 4. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled
"Alcoholic Liquor Dealers," be and is hereby amended by amending the introductory paragraph
of Section 6.06.059, entitled "Off-Site Special Event Permit,"to read as follows:
There is established a special event permit to allow the retail sale of
alcoholic liquor for consumption at a special event off the site of a licensed
premises for such events as private parties, picnics or other special or theme event.
Special event permits shall be issued only to licensees with a currently issued and
valid class A, AA, A-1, D, E, E-1, E-2, F, F-1, K, N, 0, P, R or S license. Except
as otherwise expressed authorized in this chapter, no alcoholic liquor may be sold,
served or consumed at any special event without first obtaining a permit as
provided herein. The fee for a special event permit is twenty five dollars ($25.00).
Any special event permit shall also be subject to the following:
Section 5. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled
"Alcoholic Liquor Dealers," be and is hereby amended by amending subparagraph A of Section
6.06.117, entitled"Service Hours,"to read as follows:
A license holding a Class A, AA, A-1, B, B-1, C, D, E, E-1, E-2, F, F-1,
G, H, I, J, L, 0, P, S, T or U license may sell or permit to be sold alcoholic liquors
only between the following hours:
Section 6. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled
"Alcoholic Liquor Dealers," be and is hereby amended by amending subparagraph P of Section
6.06.140, entitled"Offenses By Licensee,"to read as follows:
To sell any items of intimate apparel including lingerie, undergarments,
sleepwear or swimsuits, provided, however, that such prohibition shall not apply
to any licensee having as its principal business the retail sale of all of the
following products: clothing, housewares, small electronics and appliances,
groceries, hardware, seasonal goods and toys;
Section 7. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled
"Alcoholic Liquor Dealers," be and is hereby amended by amending subparagraph Q of Section
6.06.140, entitled "Offenses By Licensee,"to read as follows:
Permit any person required to complete the BASSET training program as
required in section 6.06.115 of this chapter 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 8. That all ordinances or parts of ordinances in conflict with the provisions of this
ordinance be and are hereby repealed.
Section 9. 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: December 15, 2004
Passed: December 15, 2004
Vote: Yeas: 6 Nays: 0
Recorded: December 16, 2004
Published:
Attest:
Dolonna Mecum, City Clerk