G26-07 Ordinance No. G26-07
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 U: For the retail sale of alcoholic liquor on the specified premises in any public
place kept, used, maintained, advertised and held out to the public as a place where meals
are served, and where meals actually are served and regularly served, without sleeping
accommodations, such space being provided with adequate and sanitary kitchen facilities
licensed and certified pursuant to the city's retail food stores and food service
establishments sanitation code, 77 Illinois Administrative Code 750, and with dining
room equipment and capacity and having employed therein a sufficient number and kind
of employees to prepare, cook and serve suitable food for its guests. The intent of this
license classification is that the primary business conducted on the premises to be
licensed shall be the service of meals in a restaurant that also has an integrated tavern
area. A full menu, including entrees and appropriate side dishes, shall be available at all
times liquor sales are being conducted until ten o'clock (10:00) P.M. Sunday through
Thursday, and eleven o'clock (11:00) P.M. Friday and Saturday. After such times, in the
event a full menu is not provided, a reduced menu, which includes only appetizers,
sandwiches, snacks, hors d'oeuvres or other similar foods, shall be available. Provided,
the kitchen may cease operating no sooner than one hour before closing.
A licensee holding a class U 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 U 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. All such liquor service shall
be by the drink only, excepting vinous beverages by the bottle or carafe, or beer by the
pitcher of a capacity not to exceed sixty(60) ounces.
There shall be no exterior signage on any premises issued a class U liquor license
indicating or advertising the sale of alcoholic liquor.
The license fee per year is two thousand five hundred dollars ($2500.00).
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 6.06.050, entitled
esiw "Licenses; Number to be Issued,"to add the following new subsection to read as follows:
The number of Class U licenses shall not exceed one (1) in number.
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 6.06.055, 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, 0 or U 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 CC 1 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.
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 4. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled
"Alcoholic Liquor Dealers," be and is hereby amended by amending subsection H,
subparagraph 6 of Section 6.06.056, entitled"Young Adult Night Permit,"to read as follows:
A special police detail consisting of not less than one city police officer 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 entertainment event and shall conclude thirty (30) minutes
following the conclusion of the entertainment event. The special police detail with a
minimum of one city police officer required to be present at any class R establishment in
accordance with this chapter may be utilized for the special police detail required for a
young adult night permit.
Section 5. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled
"Alcoholic Liquor Dealers," be and is hereby amended by deleting subsection K of Section
6.06.056, entitled"Young Adult Night Permit," in its entirety.
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, F, F-1, K, N, 0, P, R, R-1, S or U 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, A-1, B, B-1, C, C-1, D, E, E-1, E-2, F, F-1, G, J, K, N, N-1, 0, P, R, R-1,
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.
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: May 9, 2007
Passed: May 9, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: May 10, 2007
Published: May 10, 2007
Attest:
Dolonna Mecum, City Clerk
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