G59-08 Ordinance No. G59-08
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 add the following new subsection to read as follows:
Class V: For the retail sale by wine-makers on the specified premises, wine primarily for
consumption on the premises as well as other incidental retail sales and wholesale sale of
wine made on the premises and in original packages for consumption off the premises;
provided, however, that such licenses shall be issued only to wine-makers 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.
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A Class V license shall authorize the removal of one unsealed and partially consumed
bottle of wine for off-premises consumption providing the patron removing the partially
consumed bottle of wine has purchased a meal and consumed a portion of wine with the
meal on the licensed premises. Every such bottle shall be opened by the licensee's agent
or employee. The partially consumed bottle of wine may be removed from the licensed
premises only upon being securely sealed in a transparent, one-time use, tamper-proof
bag by the licensee or licensee's agent prior to removal from the licensed premises. The
licensee or licensee's agent shall provide a dated receipt of the bottle of wine being
removed from the licensed premises by the patron. It shall be unlawful for the licensee or
the licensee's agent to permit any patron to leave the premises with any open liquor,
including a bottle of wine not sealed in compliance with this section.
A menu, including appetizers, small-portioned entrees and side dishes, shall be available
at all times liquor sales are being conducted until eight o'clock (8:00) P.M. Sunday
through Thursday, and ten o'clock (9:00) 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.
The license fee per year is five hundred dollars ($500.00).
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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 6.06.050, entitled
"Licenses; Number to be Issued,"to add the following new subsection to read as follows:
The number of Class V 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, U or V 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.
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
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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 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, U or V 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 5. 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, U and V 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 6. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 7. 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: August 27, 2008
Passed: August 27, 2008
Vote: Yeas: 6 Nays: 0
Recorded: August 28, 2008 GAY 0. .,
Published: August 29, 2008 , cam`:
Attest:
Diane Robertson, City lerk TF EE1).
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