T18-08 Ordinance No. T18-08
AN ORDINANCE
CREATING A LIMITED DURATION CLASS R LIQUOR LICENSE
VIDEO PRODUCTION PERMIT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. There is established a class R video production permit to allow class R
licensee to provide entertainment consisting of, but not limited to, dancing, musical and
theatrical performances, or other such similar events of an entertaining nature on the licensed
premises of the principal establishment for which there is a then currently issued and valid class
R license during the filming or video taping of such event for the purposes of creating a
television or theatrical production. Admission to an entertainment event being conducted
pursuant to a class R video production permit shall be solely limited to the members of a private
club consisting of members who are of seventeen (17) years of age or older and the members'
guests.
Section 2. Notwithstanding section 6.06.095 of the Elgin Municipal Code, 1976, as
amended, the issuance of a class R video production permit shall only be granted upon the
submission and approval of an application to the chairman of the local liquor control
commission.
Section 3. Not more than two (2) entertainment events conducted pursuant to class R
video production permit shall occur within any licensing year.
Section 4. A class R video production permit shall expire thirty (30) days after the date
of issue.
Section 5. Notwithstanding section 6.06.140N of the Elgin Municipal Code, 1976, as
amended, an entertainment event being conducted pursuant to a class R video production permit
shall be subject to the following age restrictions and identification requirements:
A. No person conducting or operating an entertainment event pursuant to a class R
video production permit shall permit, either by act or omission, any person under
the age of seventeen (17) years to enter or remain on the licensed premises.
B. The person conducting or operating the class R video production shall require a
government-issued photo identification card showing the age of each person
admitted or seeking to be admitted.
Section 6. Any person who shall by affirmative misrepresentation of age obtain
admission to or permission to remain at any entertainment event being conducted pursuant to a
class R video production permit contrary to the provisions of this code shall be punishable by a
fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars
($1000.00).
Section 7. Any person who permits a person to enter or remain at any entertainment
event being conducted pursuant to a class R video production permit contrary to the provisions
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of this code shall be punishable by a fine of not less than five hundred dollars ($500.00) nor
more than one thousand dollars ($1000.00).
Section 8. An application for a class R video production permit shall be submitted to
the local liquor control commission and shall contain the following information:
A. The applicant's name, address and day and evening telephone numbers. If the
applicant is not a natural person, this information shall be provided for the both the
applicant and for the natural person making the application on behalf of the
applicant. If the applicant is not a natural person, the applicant shall also provide the
names, addresses and day and evening telephone numbers of the limited partners,
partners, owners and principals of the applicant.
B. The complete address and identification of the areas within the licensed premises in
which the class R video production event will be conducted.
C. The proposed date or dates on which the entertainment event or events requiring a
class R video production permit will occur and a description of the proposed
entertainment that will be occurring on those dates.
D. The designation of not less than one on-site manager who will be in attendance
during and following each class R video production and be responsible for the
direct operation and oversight of the licensed premises and the supervision of other
employees or workers. The on-site manager shall have authority to accept
complaints, notice of violations and take any corrective actions required by the city.
E. A security plan detailing the manner in which the applicant will maintain order on
the licensed premises and ensure compliance with the laws of the state and the code.
Any changes to the approved security plan must be submitted and approved by the
chief of police not less than five (5) business days before the event.
F. A statement from the applicant that the licensed premises on which the applicant
will conduct or operate the class R video production will comply with all laws and
other legal requirements, including but not limited to building, property
maintenance, zoning, health and fire prevention codes; and a statement that the
applicant and any employee or agent thereof will, in the conduct of any class R
video production, comply with all laws and other legal requirements, including but
not limited to the building, property maintenance, zoning, health and fire prevention
codes.
G. A statement of indemnification from the applicant stating that the licensee shall
indemnify and hold the city harmless from any and all losses, claims, actions or
damages suffered by any person or persons by reason of or resulting from any
negligence of the licensee or its agents, employees, or patrons or on account of any
act or omission of the licensee in its exercise of its license or use or occupancy of
any premises in connection with such license. In the event any suit or action is
brought against the city, the licensee shall, upon notice of the commencement
thereof, defend the same, at no cost and expense to the city, and promptly satisfy
any final judgment adverse to the city or to the city and the licensee jointly;
provided, that in the event the city determines that one or more principles of
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governmental or public law are involved, the city retains the right to participate in
such action. The above liability shall not be diminished by the fact, if it be a fact,
that any such death, injury, damage, loss, cost or expense may have been, or may be
alleged to have been, contributed to by the negligence of the city or its officers,
employees or agents; provided, however, that nothing contained in this section shall
be construed as requiring the licensee to indemnify the city against liability for
damages arising out of bodily injury to persons or damage to property caused by or
resulting from the sole negligence of the city, or its officers, employees or agents.
H. Such other information as the local liquor control commission shall require to
ensure the health, safety and welfare of the patrons of a class R video production
event.
I. A certification or declaration under penalty of perjury under the laws of the State of
Illinois that the information and statements in the application are true and correct.
Section 9. Any class R video production permit issued by the chairman of the local
liquor control commission shall also be subject to the following limitations:
A. The approved security plan shall be followed without any changes unless such
change has been submitted to the chief of police in writing not less than five (5)
business days before the entertainment event being conducted pursuant to the class
R video production permit and any such change has been approved by the chief of
police prior to the event.
B. Security personnel shall be required for the maximum capacity of the entertainment
event at the licensed premises as determined by the chief of police upon receiving
the fire chief's determination regarding the maximum capacity of the licensed
premises.
C. The holder of a class R video production permit shall notify the local liquor control
commission in writing as to any proposed changes regarding the proposed date or
dates on which the entertainment event or events requiring a class R video
production permit will occur and shall not change any designated event dates
without first receiving approval from the local liquor control commission.
D. No members of the private club or members of the general public shall be admitted
to the licensed premises prior to the opening of the event.
E. Only the holder of a then currently issued and valid Class R liquor license for the
establishment may apply for a class R video production permit.
F. A special police detail consisting of not less than one (1) city police officer shall be
required for each entertainment event conducted pursuant to a class R video
production permit. 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 estimated cost of such special police detail as determined by the City's Fiscal
Services Group Director shall be paid by the permit holder in certified funds not
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Pk' less than two business days prior to a scheduled entertainment event. In the event
the actual cost of such police detail exceeds the estimate amount paid by the permit
holder, the permit holder shall pay such additional amount upon receipt of an
invoice for such services from the city.
Section 10. All peace officers of the city shall have free access to an event begin
conducted pursuant to a class R video production permit.
Section 11. Notwithstanding the permitted days of operation for a class R license
established in Section 6.06.040U of the Elgin Municipal Code, 1976, as amended, a class R
video production permit may be issued for any day of the week. Notwithstanding the hours of
operation for a class R license established in section 6.06.040NU of the Elgin Municipal Code,
1976, as amended, a class R video production permit shall be limited to the hours between 12:00
p.m. and 4:00 a.m.
Section 12. There shall be no annual fee for a class R video production permit.
Section 13. The provisions of this ordinance providing for a class R video production
permit shall without further city council action automatically expire on April 30, 2008. It is
hereby declared to be the legislative intent of the city council that the adoption of an ordinance
provision for a class R video production permit is being done for a short-term, limited basis only
and that no licensee who is granted a class R video production permit shall have any property
interest, vested right, or other continuing protectible interest in the continuation of a class R
video production permit.
Section 14. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 15. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
Ed Schock, ayor
Presented: March 26, 2008
Passed: March 26, 2008 0
Vote: Yeas: 4 Nays: 0 \1 <0
Recorded: March 27, 2008
Published: March 28, 2008 -
Attest
lf�ea A -
'11CiljE."'
Diane Robertson, ity Clerk
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