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G18-08 Ordinance No. G18-08 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 A to read as follows: A. Classes A and A-1: 1. Class A: For the retail sale, on the premises specified, of alcoholic liquor for consumption on the premises only. The annual license fee is three thousand five hundred dollars ($3,500.00). 2. Class A-1: For the retail sale, on the premises specified, of alcoholic liquor for consumption on the premises in establishments primarily marketing and serving specialty and premium alcoholic drinks, including beer and wine, provided such premises is located within the CC 1 center city zoning district and east of the Fox River and has seating accommodations at tables or booths for not more than two hundred fifty(250)persons, including seating accommodations at bars or counters. There shall be no exterior signage on any premises issued a class A-1 liquor license indicating or advertising the sale of alcoholic liquor. A licensee holding a class A-1 license may sell or permit to be sold alcoholic liquors on Monday through Thursday from six o'clock(6:00)A.M.until one o'clock(1:00)A.M.the following day,and on Fridays and Saturdays from six o'clock (6:00) A.M. until three o'clock(3:00)A.M. the following day.A licensee holding a class A-1 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 annual license fee is five thousand dollars ($5,000.00). 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 amend subsection B to read as follows: B. Class AA: For the retail sale,on the premises specified,of alcoholic liquor primarily for consumption on the premises as well as other incidental retail sales of alcoholic liquors in original package for consumption off premises. No new class AA license shall be issued to any establishment after August 1, 1989. Any class AA license existing on August 1, 1989,may be renewed annually as provided herein.Provided,a class AA license shall terminate, expire, cease to exist when it is revoked or not renewed or the business is sold.The annual license fee is three thousand five hundred dollars ($3500.00). 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 Section 6.06.040, entitled, "License Classes; Fees,"to amend subsection P to read as follows: P. 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 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 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 five thousand dollars ($5,000.00). 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 6.06.040, entitled, "License Classes; Fees,"to amend subsection U to read as follows: U. Classes R and R-1: 1. 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 CC 1 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(2)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 licensee 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. 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 establishment shall be limited to members and their guests only. The license fee per year is seven thousand dollars ($7,000.00). 2. Class R-1: For the retail sale, on the premises specified, of alcoholic liquor for consumption on the premises only for establishments located on a parcel in the CC 1 center city zoning district and east of the Fox River,or on a parcel in the CC2 center city zoning district and east of the Fox River that is either contiguous to or separated 3 by a public right of way from the boundary of the CC1 center city zoning district. A licensee holding a class R-1 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 one other day during the week from eight o'clock (8:00) P.M. until two o'clock (2:00) A.M. the following day. A licensee holding a class R-1 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. The license fee per year is seven thousand dollars ($7,000.00). 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 Section 6.06.040, entitled, "License Classes; Fees," to amend subsection V to read as follows: V. Class S: For the retail sale by banquet facilities, on the premises specified, of alcoholic liquor for consumption on the premises only. Banquet facilities shall consist of a business for which the exclusive activity is the catering of private parties where there is service for consumption at tables of a full multiple course meal or hors d'oeuvres,buffet or smorgasbord,and at which alcoholic liquor may be served or sold incident to such food service. Each of such private parties at a banquet facility shall be prearranged under the sponsorship of a particular person or organization, '1 including, but not limited to, wedding dinners, school graduation dinners, periodic meetings of service organizations and political fundraising events. Banquet facility events shall not be open to the general public except by appointment or special invitation. No admission charge shall be levied to guests at such banquet facility events except for bona fide political fundraising events or bona fide charitable fundraising events sponsored by a not for profit corporation or association registered with the state. The annual license fee per year is seven thousand dollars($7,000.00). Section 6. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled "Alcoholic Liquor Dealers,"be and is hereby amended by deleting subsection H, subparagraph 6 of Section 6.06.056, entitled "Young Adult Night Permit," in its entirety. Section 7. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 8. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. Ed Schock, Mayor 4 rik Presented: April 9, 2008 Passed: April 9, 2008 Vote: Yeas: 6 Nays: 0 Recorded: April 10, 2008 Published: April 11, 2008 Attest: • Diane Robertson, Ci Clerk C 5