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G25-04 Ordinance No. G25-04 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 Section 6.06.040, entitled, "License Classes; Fees," to amend subsection N to read as follows: Class K: For retail sales of alcoholic liquor in conjunction with events at and upon the premises of the city-owned Hemmens Auditorium and The Centre of Elgin, for consumption on the premises only, notwithstanding the prohibitions regarding the consumption of alcoholic liquor on any public property as provided by subsection 6.06.150B of this chapter. The term "premises" shall include any adjoining open area utilized in conjunction with the licensee's principal establishment. There shall be no annual fee for such license when the city is the licensee. When the licensee is an independent contractor, the annual fee for such license shall be one hundred dollars ($100.00). 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 Section 6.06.040, entitled, "License Classes; Fees," to delete subsection X in its entirety. 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 Section 6.06.040, entitled, "License Classes; Fees," to add the following new subsection to read as follows and by accordingly renumbering the existing subsections of Section 6.06.040: Class C-1: For the sale of alcoholic liquor to members and guests of members of a "private golf club," as defined in this subsection, for consumption on the premises occupied by such private golf club only. For the purposes of this subsection, "private golf club" shall include any association of persons which excludes the general public from its premises and where such premises includes an eighteen- hole regulation golf course and related facilities. Membership to any such private golf club shall be regulated by articles or bylaws and upon election to membership in any such private golf club, the member's name shall be enrolled on a list of members which shall be kept on the premises of such private golf club and be subject to inspection. For the purposes of this subsection, the term "premises" shall include any restaurants, snack shops, tennis courts, swimming pools, sundecks, golf courses, golf carts, athletic facilities and all adjoining exterior areas and accessory buildings utilized in conjunction with the licensee's principal establishment which are not open to the general public. A licensee holding a class C-1 license may sell or permit to be sold alcoholic liquors Sunday through Thursday from six o'clock (6:00) A.M. until one o'clock (1:00) A.M. the following day; Friday and Saturday from six o'clock (6:00) A.M. until two o'clock (2:00) A.M. the following day; New Year's Eve until three o'clock (3:00) A.M. the following day. The annual fee for such license shall be nine hundred dollars ($900.00). Section 4. That Section 6.06.050 of the Elgin Municipal Code, 1976, as amended, entitled "Licenses; Number to be Issued," be and is hereby further amended by amending subsection B thereof to read as follows: B. The number of Class B licenses shall not exceed eighteen (18) in number. Section 5. 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 subsection E to read as follows: The number of Class C-1 licenses shall not exceed one (1) in number. Section 6. That Section 6.06.070 of the Elgin Municipal Code,1976,as amended, entitled "Application; Content," be and is hereby amended by adding subsection C, subparagraph 9 to read as follows: 9. A list of convictions of the applicant for any nontraffic 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 nonfingerprint criminal history conviction background checks. The costs of such criminal history conviction background checks shall be paid by the applicant. The provisions of this subparagraph shall not apply to any application in which the City of Elgin is the applicant. Section 7. That Section 6.06.115 of the Elgin Municipal Code, 1976,as amended, entitled "Basset Training Requirements,"be and is hereby amended by amending subsection 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, C-1, D, E, E-1, F, G, J, K, K, N, N-1, 0, P, Q, R, S, T and U 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. rik Section 8. That Section 6.06.140 of the Elgin Municipal Code, 1976, as amended, entitled "Offenses By Licensee," be and is hereby amended by amending subsection Q to read as follows: Permit any person in a class A, AA, B, B-1, C, C-1, D, E, E-1, E-2, F, G, J, K, N, N-1, 0, P, Q, R, S, T or U 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 9. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 10. That this ordinance shall be in full force and effect on April 1, 2004 after its passage and publication in the manner provided by law. d Schock, Mayor Presented: March 10, 2004 Passed: March 10, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: March 11, 2004 Published: March 11, 2004 Attest: itIv4911-v-Q Dolonna Mecum, City Clerk