T21-08 Ordinance No. T21-08
AN ORDINANCE
ESTABLISHING AN INSTALLMENT PAYMENT OPTION
FOR 2008-2009 LIQUOR LICENSEES
AFFECTED BY THE ANNUAL LIQUOR LICENSE FEE INCREASES
ESTABLISHED IN ORDINANCE NO. G18-08
WHEREAS, the city conducted a periodic review of the liquor ordinance's license fee
structure to determine whether the existing annual licensing fees are commensurate with re-
sources expended by the city in policing those licensed establishments, and also comparable with
fees being charged in other neighboring and similar municipalities; and
WHEREAS, the city's existing liquor licensees were advised of the city council's plans
to consider fee increases in a letter dated 29 February 2008 and 17 March 2008; and
WHEREAS, the city's review determined that the annual licensing fee for Class A, AA,
A-1, M, R, R-1 and S licensees should be increased, and that such increases were approved in
Ordinance No. G18-08, adopted on 9 April 2008; and
WHEREAS, the liquor licensees affected by the fee increases in Ordinance No. G18-08
were advised of the new annual licensing fee in a letter dated 11 April 2008; and
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WHEREAS, the city's liquor code requires payment of the annual license fee for the
2008-2009 licensing year on or before 1 May 2008; and
WHEREAS, several liquor licensees affected by the fee increases approved in Ordinance
No. G18-08 have requested additional time to make payment on the balance of the fee increase
affecting their license classification due to financial constraints; and
WHEREAS, the City Council of the City of Elgin has determined that notwithstanding
the provisions of the city's liquor code requires payment of the annual license fee for the 2008-
2009 licensing year on or before 1 May 2008, it is appropriate to permit the liquor licensees af-
fected by the fee increases approved in Ordinance No. G18-08 to make four installment pay-
ments on the balance of their annual license fee, with any such outstanding balance being satis-
fied by 30 November 2008.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EL-
GIN, ILLINOIS:
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Section 1. Recitals. The facts and statements contained in the preamble to this Ordinance
rare found to be true and correct and are hereby adopted as part of this Ordinance.
Section 2. Notwithstanding the provisions of section 6.06.080 of the Elgin Municipal
Code requiring the payment of the annual license fee for the 2008-2009 licensing year on or be-
fore 1 May 2008, a licensee renewing a Class A, AA, A-1, M, R, R-1 or S license for the 2008-
2009 licensing year may make payments on the balance on the increased portion of the annual
licensing fee for its respective licensing classification, as set forth in Ordinance No. G18-08, in
four (4) equal installments to the city on or before the following dates: 31 May 2008; 31 July
2008; 30 September 2008; and, 30 November 2008. The chart, below, summarizes the annual
license fee increases approved in Ordinance No. G18-08 and the amount of the quarterly pay-
ments required by each licensee pursuant to the terms of this ordinance.
Annual Licensing Fee Increases Approved in Ordinance No. G18-08
Amount of Annual Amount for
License Class Previous Annual New Annual License Fee Subject Each Installment
License Fee License Fee to Installment Pay- Payment
ments
Class A $2,000 $3,500 $1500 $375
Class AA $2,000 $3,500 $1500 $375
Class A-1 $2,000 $5,000 $3000 $750
Class M $2,500 $5,000 $2500 $625
Class R $1,500 $7,000 $5500 $1375
Class R-1 $1,500 $7,000 $5500 $1375
Class S $1,300 $7,000 $5700 $1425
Section 3. A licensee's failure to make payment in accordance with this section shall con-
stitute cause for the suspension or revocation of the license in accordance with section 6.06.120
of the Elgin Municipal Code.
Section 4. That the provisions of this ordinance shall without further city council action
automatically expire on 30 April 2009.
Section 5. Severability. If any provision, clause, sentence, paragraph, section or part of
this ordinance or application thereof to any person or circumstance, shall for any reason be ad-
judged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall
not affect, impair or invalidate the remainder of this ordinance and the application of such provi-
sion to other persons or circumstances, but shall be confined in its operation to the provision,
clause, sentence, paragraph, section or part thereof directly involved in the controversy in which
such judgment shall have been rendered and to the person or circumstances involved. It is hereby
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declared to be the legislative intent of the City Council that this ordinance would have been
adopted had such unconstitutional or invalid provisions, clause, sentence, paragraph, section or
part thereof not been included.
Section 6. That this ordinance shall be in full force and effect upon its passage and publi-
cation in the manner provided by law.
--- leCI■Irc/
Ed Schock, Mayor
Presented: April 23, 2008
Passed: April 23, 2008 OF
Vote: Yeas: 7 Nays: 0 ��� ... . C'.
Recorded: April 24, 2008 `i '1`' NI'
Published: April 25, 2008 ° >;. .,, I,
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Attest: �� :, , ^}�i
Diane Robertson, City Cle k
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