G63-09 Ordinance No. G63-09
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 further amended by amending Section 6.06.040,
entitled, "License Classes; Fees," by adding the following new subsection to read as follows:
''AA. Class X: For the retail sale of alcoholic liquor on the premises commonly
known as 127 S. Grove Avenue, Elgin, Illinois and 200 Prairie Street, Elgin,
Illinois, subject to the following restrictions and conditions:
1. The portion of the premises commonly known as 127 S. Grove
Avenue, Elgin. Illinois and to be utilized for the so-called Roadhouse Bar & Grill
shall be 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. The intent of this license classification is that the
primary business conducted on such portion of the premises to be licensed shall
be the service of meals in a restaurant that also has an integrated tavern area. A
full menu, including entrees and appropriate side dishes, shall be available at all
times liquor sales are being conducted until ten o'clock (10:00) P.M. Sunday
through Thursday, and eleven o'clock (11:00) 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
items, shall be available. Provided, the kitchen may cease operating no sooner
than one hour before closing.
2. The portion of the premises commonly known as 200 Prairie
Street, Elgin, Illinois, and to be utilized for the so-called Main Event Elgin shall
be utilized for banquets or private parties or as an entertainment venue for live
entertainment events including bands, comedy shows, boxing, kickboxing and
mixed martial arts. Any such boxing, kickboxing and/or mixed martial arts events
shall be conducted in accordance with all applicable requirements of law. The
following events shall not be conducted on the premises: so-called ultimate
fighting events; boxing or other fighting events or contests involving members of
the public including, but not limited to, so-called amateur nights; mud wrestling
or jell-o wrestling. Banquet or private party events in the Main Event Elgin
portion of the premises shall consist of 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 banquet or private party at such facility
shall be prearranged under the sponsorship of a particular person or organization,
including, but not limited to, wedding dinners, school graduation dinners, periodic
meetings of service organizations and political fund raising events. Banquet or
private party 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 or private party events except for bona fide political fund raising events
or bona fide charitable fund raising events sponsored by a not-for-profit
corporation or association registered with the state.
3. The licensee 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.
The licensee 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. All
such liquor service shall be by the drink only, excepting vinous beverages by the
bottle or carafe, or beer by the pitcher of a capacity not to exceed sixty (60)
ounces.
4. The retail sale of alcoholic liquor for consumption in the exterior
beer garden area adjoining the licensed premises shall be permitted daily from
nine o'clock (9:00) A.M. until three o'clock (3:00) A.M. the following day.
5. No person who has not attained the age of twenty-one (21) years
shall remain on the licensed premises after twelve o'clock (12:00) A.M. each day
except persons eighteen (18) years of age or older, when such person is on the
premises pursuant to employment.
6. The licensee shall not operate or permit the operation of any sound
amplification device or system on the licensed premises which can be heard from
a distance of 75 feet or more of any property line of the licensed premises.
7. A special police detail consisting of not less than one city police
officer shall be required for each entertainment event conducted in the Main
Event Elgin portion of the premises and such police detail shall be paid by the
licensee upon receipt of invoice for such services from the city. 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 licensee shall enter into
•
a written agreement with the City regarding such special police detail in a form as
approved by the Corporation Counsel.
8. Prior to conducting a particular type of entertainment event in the
Main Event Elgin portion of the premises the licensee shall submit to the Chief of
Police a security plan for such type of entertainment event which must be
approved by the Chief of Police and which includes an acknowledgement from
the licensee that any changes to the security plan must be submitted to the Chief
of Police in writing five (5) days before such an event. Such security plan shall
include among other matters a system of badges, plastic bracelets or other such
approved device so as to identify persons legally authorized to purchase and
consume alcoholic liquor.
9. There shall be no exterior signage on the premises indicating or
advertising the sale of alcoholic liquor.
10. The license fee per year is $10,000."
Section 2. Notwithstanding the foregoing provisions in Subsection 3 and
Subsection 4 in Section 1 hereof which provide for the sale of alcoholic liquors daily until three
o'clock (3:00) A.M. the following day, the licensee may until November 30, 2010, sell or permit
to be sold alcoholic liquors on Fridays and Saturdays from six o'clock (6:00) A.M. until four
• o'clock (4:00) A.M. the following day and in the exterior beer garden adjoining the licensed
premises on Fridays and Saturdays from nine o'clock (9:00) A.M. until four o'clock (4:00) A.M.
the following day. The provisions of this section providing for the retail sale of alcoholic liquor
on the licensed premises on Fridays and Saturdays until four o'clock (4:00) A.M. the following
day shall without further City Council action automatically expire November 30, 2010. It is
hereby declared to be the legislative intent of the City Council that the adoption of this ordinance
provision allowing for the retail sale of alcohol until four o'clock (4:00) A.M. is being done on
an experimental basis only and that the licensee shall not have any property interest, vested right,
or other continuing protectable interest in the continuation of a four o'clock (4:00) A.M. license
or the right to sell alcoholic liquor until four o'clock (4:00) A.M. The City Manager is directed
to submit a report to the City Council prior to the automatic expiration of this section and therein
shall advise the City Council as to the City's experience with service hours until four o'clock
(4:00) A.M. on the licensed premises and whether an ordinance providing for the continuation of
four o'clock (4:00) A.M. sales on the licensed premises should be adopted.
Section 3. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended,
entitled "Alcoholic Liquor Dealers," be and is hereby further amended by amending Section
6.06.050, entitled "Licenses; Number to be Issued," to add the following new subsection to read
as follows:
"N. The number of Class X licenses shall not exceed one (1) in number."
•
r
• 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, 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, O. P. R. R-1, S, U, V and X
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, O, P; R; R-1. S, T, U; V, and X 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.
'ffSch_ocT Mayor
Presented: November 18, 2009
Passed: November 18, 2009
Vote: Yeas: 7 Nays: 0
Recorded: November 19, 2009 < ''
Published: November 20, 2009 -.
Attest:
• Diane Robertson; Ci Clerk