G70-08 Ordinance No. G70-08
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 D-1: Hotels and motels; for incidental consumption on the premises only in
conjunction with customer hospitality services being provided by the hotel or motel staff.
The license fee per year is two hundred fifty dollars ($250.00).
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 6.06.060, entitled,
"Application; Filing; Processing Fee,"to read as follows:
Applications shall be directed to and filed with the local liquor control commission. In
addition to all other fees imposed the applicant shall also pay a nonrefundable three
hundred dollars ($300.00) at the time of filing to cover the cost of processing the
application. Prior to the issuance of any license the applicant shall pay to the city clerk
the full amount of the annual license fee required to be paid for the kind of license
applied for. There shall be no filing fee imposed for any application seeking the issuance
of a class G or class K license when the city is the applicant. There shall be no filing fee
imposed for any application seeking the issuance of a class H, class I or class K-1 license,
nor for any application seeking the issuance of an exterior sales permit, a young adult
night permit, an outside event permit or an off-site special event permit.
Prior to issuance of a new class B license, the applicant shall deposit the sum of ten
thousand dollars ($10,000.00) with the city clerk to be placed in the general fund of the
city. Prior to issuance of a new class B-1 license, the applicant shall deposit the sum of
five thousand dollars ($5,000.00) with the city clerk to be placed in the general fund of
the city. It shall further be the duty of any licensee under this chapter before the issuance
of any license to a new licensee to submit to the commission a bulk sales affidavit or
affidavits in compliance with the bulk sales provisions of the uniform commercial code
of Illinois or such other applicable statutes governing bulk sales within the state so that
the exact amount of indebtedness of the party selling the business is known and such
issuance shall not be executed until the commissioner is satisfied that adequate provisions
are made for the payment of all obligations relating to the business or license of the
seller. Any license issued to a vendee under the provisions of this section shall not be
eligible to be surrendered to be issued to another purchaser of the business.
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Any bond or policy of liability insurance submitted to the local liquor control
commission pursuant to the requirements of this section shall be for the entire term of the
license period and it shall be a condition of any license issued by the local liquor control
commission that the bond or policy of liability insurance shall be in full force and effect
throughout the license period as a condition of doing business pursuant to such license.
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 6.06.090, entitled,
"License; Issuance Limitations,"to delete subparagraph H of said section in its entirety.
No license shall be issued for the sale at retail of any alcoholic liquor within one hundred
feet (100') of any church, school other than an institution of higher learning, hospital,
home for aged or indigent persons or for veterans, or any military or naval station.
This prohibition shall apply only to an initial license at a premises and shall not apply to
the renewal of a license or to a subsequently issued new license for the sale at retail of
alcoholic liquor on premises within one hundred feet (100') of any church or school
where such church or school has been established within such one hundred feet (100')
since the issuance of the original license. In the case of a church, the distance of one
hundred feet (100') shall be measured to the nearest part of any building used for worship
services or educational programs and not to property boundaries. In all other cases, the
distance of one hundred feet(100') shall be measured from lot line to lot line.
rib Nothing in this subsection shall prohibit issuance of a retail license authorizing the sale of
alcoholic beverages to restaurants, food shops, hotels, regularly organized clubs, or to or
other places where sale of alcoholic liquors is not the principal business carried on,
notwithstanding the proximity of such hotel or restaurant to any church, school other than
an institution of higher learning, hospital, home for aged or indigent persons or for
veterans, or any military or naval station.
Nothing in this subsection shall prohibit the issuance of a license to a church or private
school to sell at retail alcoholic liquor if any such sales are limited to periods when
groups are assembled on the premises solely for the promotion of some common object
other than the sale or consumption of alcoholic liquors.
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 subparagraph A of
Section 6.06.100, entitled, License; Change in Personnel,"to read as follows:
Any changes in partnerships, officers, directors, members or managers of a limited
liability company, persons holding directly or beneficially more than five percent (5%) of
the stock or ownership interest in a partnership or limited liability company, or managers
of establishments licensed under this chapter, shall be reported in writing to the local
liquor control commission within ten(10) days of the change. All such persons shall meet
all the standards of this chapter and must otherwise qualify to hold a liquor license. All
changes in personnel shall be subject to review by the local liquor control commission,
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and when such review is requested by a licensee, the licensee shall pay a nonrefundable
r fee of one hundred fifty dollars ($150.00) to cover the cost of the local liquor control
commission processing and conducting such review.
Section 5. That all ordinances or parts of ordinances in conflict with the provisions of this
ordinance be and are hereby repealed.
Section 6. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
, L(irl _
Ed Schock, Mayor
Presented: October 8, 2008
Passed: October 8, 2008
Vote: Yeas: 5 Nays: 0
Recorded: October 9, 2008
Published: October 10, 2008
Attest:
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Diane Robertson, City Clerk
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