G57-04 Ordinance No. G57-04
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 add the following new subsection to read as follows:
Class F-1: For the sale by service bar in restaurants, as defined in article I,
paragraph 2.23 of the Illinois liquor control law, of beer, wine and one additional
alcoholic liquor for consumption on the premises, provided any such restaurant
constitutes what is commonly referred to as an "ethnic" restaurant and the one
additional alcoholic liquor being served in addition to beer and wine is traditionally
associated with the food of the nationality of such ethnic restaurant. For the purpose
of this subsection, "sale by service bar" shall mean those sales whereby the licensee
or his employees serve beer or wine in conjunction with a meal to patrons who are
seated at a table where the patrons consume said food, beer and wine. A class F-1
license shall be granted only to ethnic restaurants engaged primarily in the sale of
food for consumption on the premises; it being the intent and purpose of this section
to permit the sale of liquor only as an incident or accompaniment to the serving of
meals in ethnic dining places of good repute. The local liquor control commission
shall have the sole discretion for determining whether an establishment constitutes an
ethnic restaurant within the meaning of this section and whether the one additional
alcoholic liquor being served in addition to beer and wine is traditionally associated
with the food of the nationality of such ethnic restaurant. All liquor sold under this
subsection shall be for consumption upon the premises in the ethnic restaurant only,
and it is unlawful and cause for revocation of the license to sell any alcoholic liquor
for consumption off the premises or in packages. The license fee per year is one
thousand two hundred and fifty dollars ($1250.00).
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 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. One additional alcoholic liquor in addition to beer and wine
may be served at a special event sponsored by the city or by a not for profit
corporation or association registered with the state provided any such special event
constitutes what is commonly referred to as an "ethnic" event; the one additional
alcoholic liquor being served in addition to beer and wine is traditionally associated
�^ with the food of the nationality of such special ethnic event; and, the one additional
( alcoholic liquor being served in addition to beer and wine is being sold at a price not
less than fifty percent (50%) greater than the price for the beer being sold at the
special ethnic event. The local liquor control commission shall have the sole
discretion for determining whether a special event constitutes a special ethnic event
within the meaning of this section and whether the one additional alcoholic liquor
being served in addition to beer and wine is traditionally associated with the food of
the nationality of such special ethnic event. 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,D,E,E-1,F,F-1,N,
N-1, 0, P or R 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 3. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled
"Alcoholic Liquor Dealers," be and is hereby amended by amending subparagraph C of Section
6.06.050, entitled"Licenses; Number to be Issued,"to read as follows:
C. The number of Class B-1 licenses shall not exceed eight (8) in number.
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 6.06.055, entitled "Exterior Sales Permits," to read as follows:
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, C,D, E, E-1,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 5. 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, D, E, E-1, F, F-1, J, N or 0
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 6. 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:
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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, D, E, E-1, F, F-1, K, N, 0, P, or R 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 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 A of Section
6.06.115, entitled"Basset Training Requirements,"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, F-1, 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 8. 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,B,B-1,C,D,E,E-1,F,F-1,G,H,J,0,P or
T license may sell or permit to be sold alcoholic liquors only between the following
hours:
Section 9. 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 in a class A,AA,B,B-1, C,D,E,E-1, E-2, F,F-1,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 10. That all ordinances or parts of ordinances in conflict with the provisions of this
ordinance be and are hereby repealed.
Section 11. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
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Ed Schock, Mayor
Presented: May 26, 2004
Passed: May 26, 2004
Vote: Sections 1 and 3 through 11: Yeas: 6 Nays: 0
Section 2: Yeas: 5 Nays: 1
Recorded: May 27, 2004
Published:
Attest:
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Dolonna Mecum, City Clerk