G35-06 CITY OF ELGIN
ORDINANCE NO. G35-06
AN ORDINANCE
AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS"
PASSED BY THE
CITY COUNCIL OF THE
CITY OF ELGIN
ON THIS 26th DAY OF APRIL 2006
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Published in pamphlet form by authority of the City
Council of the City of Elgin, Kane and Cook
Counties, Illinois, on this
28nd day of April 2006.
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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 April 26, 2006, the Corporate Authorities of such
municipality passed and approved Ordinance No. G35-06,which provided by its terms that it
should be published in pamphlet form.
The pamphlet form of Ordinance No. G35-06, including the Ordinance and a
cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal
building commencing on April 28, 2006, 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 April 28, 2006.
Municipal Clerk
Deput unicipal Clerk
(SEAL)
Ordinance No. G35-06
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 subsections to read as follows:
Class E-3: 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 not less than sixty (60) persons at
any one time, that sixty-five percent (65%) 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
r utilized for dining room areas for the regular service of meals. There shall be no signage
outside a restaurant holding a class E-3 liquor license indicating or advertising the sale of
alcoholic liquor. For the purposes of this subsection, "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. 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 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
subsection 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. The
license fee per year is one thousand five hundred dollars ($1,500.00).
Class M: For the retail sale, on the premises specified, of alcoholic liquor for
consumption on the premises only for establishments located in The Grove Subdivision,
said subdivision being in the southeast quarter of section 19, and in the northeast quarter
of section 30, all in township 42 north, range 8, east of the third principal meridian in
Kane County, Illinois, and said subdivision generally being bounded on the east by
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Randall Road, on the west by Vantage Drive, on the north at a distance approximately
1075 feet north of Northwest Parkway, and on the south at a distance approximately 375
feet of south of Technology Drive.
A licensee holding a class M license may sell or permit to be sold alcoholic liquors daily
from six o'clock (6:00) A.M. until three o'clock (3:00) A.M. the following day. A
licensee holding a class M license may also sell or permit to be sold alcoholic liquors on
the Wednesday immediately preceding Thanksgiving Day from six o'clock (6:00) A.M.
until four o'clock (4:00) A.M. the following day and on New Year's Eve from six o'clock
(6:00) A.M. until four o'clock (4:00) A.M. the following day. The retail sale of alcoholic
liquor for consumption on or within any exterior area adjoining the licensed premises,
including but not limited to, a beer garden, patio area or other similar exterior, unroofed
or otherwise wholly unenclosed area adjoining and utilized in conjunction with the
licensed premises, shall be permitted daily from nine o'clock (9:00) A.M. until one
o'clock(1:00) A.M. the following day.
A licensee holding a class M license may sell or permit to be sold alcoholic liquor for
consumption at a special event off the site of a licensed premises during a special or
themed event being conducted on Bushwood Drive upon obtaining a class M special
event permit. An application for a class M special event permit shall be filed with the city
clerk. The chairman of the local liquor commission may, upon proper application
showing conformance with all legal requirements, grant a class M special event permit
without conducting a public hearing thereof. In the event the chairman of the local liquor
commission declines to grant an application for a class M special event permit, then such
application shall be submitted to the local liquor control commission for a public hearing
and consideration provided in this chapter. Any such class M special event permit shall
also be subject to the following:
1. Applications for a class M special event permit shall be executed both by the
class M licensee and the owner of the property at which the special event is
proposed to be conducted.
2. No class M special event permit shall be issued for more than three (3)
consecutive days. No more than five (5) class M special event permits shall be
issued to any licensee during any one calendar year.
3. The hours of a class M special event shall last no later than one o'clock (1:00)
A.M.
4. Proof of dramshop insurance verifying coverage for the special event shall be
provided by the class M licensee prior to the issuance of a special event permit.
There shall be no exterior signage on any premises issued a class M liquor license
indicating or advertising the sale of alcoholic liquor.
The license fee per year is two thousand five hundred dollars ($2500.00).
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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 W 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 adding the following new subsection,
all to read as follows:
A. The number of class A licenses shall not exceed eighteen (18) in number.
The number of Class M licenses shall not exceed six (6) in number.
The number of Class E-3 licenses shall not exceed one (1) 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 Section 6.06.055, entitled
"Exterior Sales Permit,"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, A-1, C, D, E, E-1, E-2, E-3, 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.
A. No exterior sales permit shall be issued to any licensee whose establishment is
located one hundred feet (100') or closer to any residential zone as measured from
the boundary line of such residential zone to the exterior sales area, provided,
however, that such distance limitation shall not apply to any licensee located
within the CC1 Center City zoning district. Provided further, the foregoing
limitation on the issuance of exterior sales permits shall not apply to otherwise
qualified establishments located one hundred feet (100') or closer to a residential
zone, for which an exterior sales area had been established prior to March 10,
1986. Such otherwise qualified establishments shall be permitted to apply for,
obtain and renew an exterior sales permit and to continue sales in the previously
established exterior sales area until such sales area is abandoned, discontinued or
the exterior sales area is relocated or until the exterior sales permit expires and is
not renewed, whichever occurs first.
B. Qualified applicants for exterior sales permits shall pay an annual fee of five
hundred dollars ($500.00). Provided no fee shall be required for permits issued for
exterior sales areas which are engaged in the regular service of food with
alcoholic liquor and which have a total seating capacity of not more than twenty
(20) or for sales in conjunction with a valid class L license.
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C. Exterior sales permit issued to any licensee for an establishment located within
the CC1 center city zoning district and east of the Fox River may include an
exterior sales area on an adjacent public sidewalk on property in the front of such
an establishment notwithstanding the prohibitions regarding the possession and
consumption of alcoholic liquors on public property as provided by subsection
6.06.150B of this chapter and section 13.25.080 of this code or other provisions of
this code, further provided however, that any such exterior sales area to be located
on any adjacent public sidewalk on property must include the regular service of
food with any alcoholic liquor, must not unreasonably obstruct the sidewalk, and
must limit hours of operations to no later than twelve o'clock (12:00)midnight.
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 subsection K of Section
6.06.056, entitled "Young Adult Night Permit," to read as follows:
The provisions of this section providing for a young adult night permit shall without
further city council action automatically expire on April 30, 2007. It is hereby declared to
be the legislative intent of the city council that the adoption of an ordinance provision for
a young adult night permit is being done on an experimental 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 interest in the continuation of a young adult
night permit. The corporation counsel is directed to submit a report to the local liquor
control commission prior to the automatic expiration of this section and therein shall
advise the local liquor control commission 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 recommended for adoption by the city council.
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:
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, E-3, F, F-1, K, M, N, 0, P, R, R-1 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 7. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled
"Alcoholic Liquor Dealers," be and is hereby amended by amending subsection A of Section
6.06.115, entitled"Basset Training Requirements,"to read as follows:
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rFor licenses effective on or after May 1, 1990, the original or renewal application for a
Class A, AA, A-1, B, B-1, C, C-1, D, E, E-1, E-2, E-3, F, F-1, G, J, K, N, M, N-1, 0, P,
R, R-1, S, 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 subsection A of Section
6.06.117, entitled"Service Hours,"to read as follows:
A licensee holding a class A, AA, B, B-1, C, D, E, E-1, E-2, E-3, F, F-1, G, H, I, J, L, 0,
P, S or T license may sell or permit to be sold alcoholic liquors only between the
following hours:
Monday through Thursday: Six o'clock (6:00) A.M. until one o'clock (1:00) A.M. the
following day.
Friday and Saturday: Six o'clock (6:00) A.M. until two o'clock (2:00) A.M. the following
day.
Sunday: Nine o'clock (9:00)A.M. until one o'clock (1:00)A.M. the following day.
New Year's Eve: Three o'clock (3:00)A.M. the following day.
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 upon its passage and
publication in the manner provided by law.
it!tf:l /LetreAL-
d Schock, Mayor
Presented: April 26, 2006
Passed: April 26, 2006
Vote—Sections 1-4; 6-10: Yeas: 5 Nays: 2
Vote—Section 5: Yeas: 4 Nays: 3
Recorded: April 27, 2006
Published: April 28, 2006
Attest:
2/41474- -t2
Dolonna Mecum, City Clerk
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