G38-05 Ordinance No. G38-05
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 subparagraph R to read as follows:
T. Class R: For the retail sale by a nightclub, on the premises specified, of alcoholic
liquor for consumption on the premises only for establishments located in the CC1 center
city zoning district and east of the Fox River. A licensee holding a class R license may
sell or permit to be sold alcoholic liquors only on Fridays and Saturdays from nine
o'clock (9:00) P.M. until four o'clock (4:00) A.M. the following day and on two other
days during the week from eight o'clock (8:00) P.M. until three o'clock (3:00) A.M. the
following day. Class R licensees shall notify the liquor commission in writing as to the
specific weekday or weekdays that sales will be conducted and shall not change such
weekday or weekdays without providing the liquor commission prior written notice. A li-
censee holding a class R license may also sell or permit to be sold alcoholic liquors on
the Wednesday immediately preceding Thanksgiving Day from nine o'clock (9:00) P.M.
until four o'clock (4:00) A.M. the following day and on New Year's Eve from nine
o'clock (9:00) P.M. until four o'clock (4:00) A.M. the following day. A special police de-
tail with a minimum of one city police officer shall be required to be present at any class
R establishment between the hours of one o'clock (1:00) A.M. and four o'clock (4:00)
A.M. on Saturdays and Sundays, the Wednesday immediately preceding Thanksgiving
Day and on New Year's Eve, with such special police detail to be paid for by the license
holder. In the event a nightclub seeking a class R license is a private club with admission
limited to members and their guests only, the application and any license issued for such
an establishment shall so provide admission and the sale of alcohol at such an establish-
ment shall be limited to members and their guests only. The license fee per year is one
thousand five hundred dollars ($1,500.00).
Section 2. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled
"Alcoholic Liquor Dealers,"be and is hereby amended to add Section 6.06.056, entitled, "Young
Adult Night Permit,"to read as follows:
A. There is established a young adult night permit to allow the licensee to provide
entertainment consisting of, but not limited to, dances, musical and theatrical per-
formances, or other such similar events of an entertaining nature on the licensed
premises of the principal establishment for which there is a then currently issued
and valid class R license. Admission to an entertainment event being conducted
pursuant to a young adult night permit shall be solely limited to the members of a
private club consisting of members between the ages of seventeen (17) and
twenty-one (21) and the members' guests. The issuance of a young adult night
permit shall only be granted upon the submission and approval of an application
to the local liquor control commission.
B. Not more than one entertainment event conducted pursuant to young adult night
permit shall occur within any seven (7) day period, provided, however, that dur-
ing the calendar weeks including Thanksgiving Day and New Year's Eve, not
more than two (2) events conducted pursuant to a young adult night permit shall
be permitted to occur.
C. A young adult night permit shall expire on April 30, next day after the date of is-
sue.
D. Notwithstanding Section 6.06.140N of this chapter, an entertainment event being
conducted pursuant to a young adult night permit shall be subject to the following
age restrictions and identification requirements:
1. No person conducting or operating an entertainment event pursuant to a young
adult night permit shall permit, either by act or omission, any person under the
age of seventeen (17) years to enter or remain on the licensed premises.
2. No person conducting or operating an entertainment event pursuant to a young
adult night permit shall permit, either by act or omission, any person over the age
of twenty-one (21) years to enter or remain upon the licensed premises, unless:
a. That person is the guest of a member of the private club for which the
young adult night permit has been issued, subject to the verification and approval
of the police officer assigned to the licensed premises as part of the special police
detail required for the issuance of a young adult night permit.
b. That person is operating or managing the entertainment event pursuant
to a young adult night permit.
c. That person is a bona-fide employee of the person operating or manag-
ing the entertainment event pursuant to a young adult night permit.
d. That person is twenty-one (21) to twenty-five (25) years in age and has
been admitted to a designated floor area of the licensed premises that is separate,
distinct and not freely accessible from the floor area of the licensed premises in
which the entertainment event conducted pursuant to a young adult night permit is
being held.
3. The person conducting or operating the young adult night shall require a gov-
ernment-issued photo identification card showing the age of each person admitted
or seeking to be admitted.
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4. Any person who shall by affirmative misrepresentation of age obtain admission
to or permission to remain at any entertainment event being conducted pursuant to
a young adult night permit contrary to the provisions of this code shall be punish-
able by a fine of not less than five hundred dollars ($500.00) nor more than one
thousand dollars ($1000.00).
5. Any person who permits a person to enter or remain at any entertainment event
being conducted pursuant to a young adult night permit contrary to the provisions
of this code shall be punishable by a fine of not less than five hundred dollars
($500.00) nor more than one thousand dollars ($1000.00).
E. No alcoholic liquor may be displayed, sold, advertised, served, possessed or con-
sumed within the designated floor area of the licensed premises where an enter-
tainment event conducted pursuant to a young adult night permit is being held at
any time.
F. The sale, use or possession of what is commonly referred to as "glow sticks," lol-
lipops, menthol inhalers, medicated vapor rub, pacifiers, surgical masks or dust
masks shall be prohibited during any event conducted pursuant to a young adult
night permit.
G. An application for a young adult night permit shall be submitted to the local liq-
uor control commission and shall contain the following information:
1. The applicant's name, address and day and evening telephone numbers. If the
applicant is not a natural person, this information shall be provided for the both
the applicant and for the natural person making the application on behalf of the
applicant. If the applicant is not a natural person, the applicant shall also provide
the names, addresses and day and evening telephone numbers of the limited part-
ners, partners, owners and principals of the applicant.
2. The complete address and identification of the areas within the licensed prem-
ises in which the young adult night event will be conducted.
3. The proposed date or dates on which the entertainment event or events requir-
ing a young adult night permit will occur and a description of the proposed enter-
tainment that will be occurring on those dates.
4. The designation of not less than one on-site manager who will be in attendance
during and following each young adult night and be responsible for the direct op-
eration and oversight of the licensed premises and the supervision of other em-
ployees or workers. The on-site manager shall have authority to accept com-
plaints, notice of violations and take any corrective actions required by the city.
5. A security plan detailing the manner in which the applicant will maintain order
on the licensed premises and ensure compliance with the laws of the state and the
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code. Any changes to the approved security plan must be submitted and approved
by the chief of police not less than five (5)business days before the event.
6. A statement from the applicant that the licensed premises on which the appli-
cant will conduct or operate the young adult night will comply with all laws and
other legal requirements, including but not limited to building, property mainte-
nance, zoning, health and fire prevention codes; and a statement that the applicant
and any employee or agent thereof will, in the conduct of any young adult night,
comply with all laws and other legal requirements, including but not limited to the
building, property maintenance, zoning, health and fire prevention codes.
7. A statement of indemnification from the applicant stating that the licensee shall
indemnify and hold the city harmless from any and all losses, claims, actions or
damages suffered by any person or persons by reason of or resulting from any
negligence of the licensee or its agents, employees, or patrons or on account of
any act or omission of the licensee in its exercise of its license or use or occu-
pancy of any premises in connection with such license. In the event any suit or ac-
tion is brought against the city, the licensee shall, upon notice of the commence-
ment thereof, defend the same, at no cost and expense to the city, and promptly
satisfy any final judgment adverse to the city or to the city and the licensee
jointly; provided, that in the event the city determines that one or more principles
of governmental or public law are involved, the city retains the right to participate
in such action. The above liability shall not be diminished by the fact, if it be a
fact, that any such death, injury, damage, loss, cost or expense may have been, or
may be alleged to have been, contributed to by the negligence of the city or its of-
ficers, employees or agents; provided, however, that nothing contained in this sec-
tion shall be construed as requiring the licensee to indemnify the city against li-
ability for damages arising out of bodily injury to persons or damage to property
caused by or resulting from the sole negligence of the city, or its officers, employ-
ees or agents.
8. Such other information as the local liquor control commission shall require to
ensure the health, safety and welfare of the patrons of a young adult night event.
9. A certification or declaration under penalty of perjury under the laws of the
State of Illinois that the information and statements in the application are true and
correct.
H. Any young adult night permit issued by the local liquor control commission shall
also be subject to the following limitations:
1. The approved security plan shall be followed without any changes unless such
change has been submitted to the chief of police in writing not less than five (5)
business days before the entertainment event being conducted pursuant to the
young adult night permit and any such change has been approved by the chief of
police prior to the event.
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2. Security personnel shall be required for the maximum capacity of the enter-
tainment event at the licensed premises as determined by the chief of police upon
receiving the fire chief's determination regarding the maximum capacity of the li-
censed premises.
3. The holder of a young adult night permit shall notify the local liquor control
commission in writing as to any proposed changes regarding the proposed date or
dates on which the entertainment event or events requiring a young adult night
permit will occur and shall not change any designated event dates without first re-
ceiving approval from the local liquor control commission.
4. No members of the private club or members of the general public shall be ad-
mitted to the licensed premises prior to the opening of the event.
5. Only the holder of a then currently issued and valid Class R liquor license for
the establishment may apply for a young adult night permit.
6. A special police detail consisting of not less than two (2) city police officers
shall be required for each entertainment event conducted pursuant to a young
adult night permit and such police detail shall be paid by the permit holder upon
receipt of invoice for such services from the city. The size of the special police
detail shall be determined by the chief of police based upon, but not limited to, the
anticipated number of patrons expected to attend the entertainment event. The
special police detail shall commence at the time patrons are admitted to the enter-
tainment event and shall conclude thirty (30) minutes following the conclusion of
the entertainment event.
7. All peace officers of the city shall have free access to an event begin conducted
pursuant to a young adult night permit.
8. No person operating or conducting an entertainment event pursuant to a young
adult night permit shall permit any person, other than an employee or manager, to
leave the licensed premises and return during the course of an event unless that
person pays a readmission fee equal to, or greater than, one-half of the original
price of admission or cover charge.
A young adult night permit shall be limited to the hours between 5:00 p.m. and
3:00 a.m.
J. The annual fee for a young adult night permit shall be one hundred dollars
($100.00).
K. That the provisions of this section providing for a young adult night permit shall
•. without further city council action automatically expire on April 30, 2006. It is
hereby declared to be the legislative intent of the city council that the adoption of
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an ordinance provision for a young adult night permit is being done on an experi-
mental basis only and that no licensee who is granted a young adult night permit
shall have any property interest, vested right, or other continuing protectible inter-
est in the continuation of a young adult night permit. The city manager is directed
to submit a report to the City Council prior to the automatic expiration of this sec-
tion and therein shall advise the city council as to the city's experience with a
young adult night permit and recommend whether an ordinance providing for the
continuation of a young adult night permit should be adopted.
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this
ordinance be and are hereby repealed.
Section 4. That this ordinance shall be in full force and effect upon its passage and publi-
cation in the manner provided by law.
Ed Schock, Mayor
Presented: March 9, 2005
Passed: March 9, 2005
Vote: Yeas: 5 Nays: 1
Recorded: March 10, 2005
Published: March 11, 2005
Attest:
Dolonna Mecum, City Clerk
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