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G25-10 (2) rbk Ordinance No. G25-10 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 amending subparagraph Y thereof to read as follows: Y. Class V: For the retail sale of alcoholic liquor by winemakers on the specified premises 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 winemakers 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. 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, onetime use, tamperproof 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 (10:00) 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)." r • Section 2. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled '`Alcoholic Liquor Dealers" be and is hereby further amended by adding a new Section 6.06.059.1 thereto entitled "Temporary Product Sampling and Tasting Event" to read as follows: "6.06.059.1: TEMPORARY PRODUCT SAMPLING AND TASTING EVENT PERMIT: There is established a temporary product sampling and tasting event permit to allow product sampling for consumption of up to three (3) samples of no more than one ounce of wine per consumer per day and for the retail sale of wine solely in the original package not for consumption at the temporary product sampling and tasting event. Temporary product sampling and tasting event permits shall be issued only to licensees with a currently issued and valid Class V winemaker's license. Wine available for sampling and for retail sales at a temporary product sampling and tasting event shall be limited only to the brands of wine products made by the Class V winemaker. No alcoholic liquor may be sold, served or consumed at any temporary product sampling and tasting event without first obtaining a permit as provided herein. The fee for a temporary product sampling and tasting event permit is $25. Any temporary product sampling and tasting event shall also be subject to the following: A. Applications for a temporary product sampling and tasting event shall be executed by both the liquor license holder and the owner of the property at which the temporary product sampling and tasting event is proposed to be conducted. B. No temporary product sampling and tasting event permit shall be issued for any event proposed to be located on a property zoned as residential. C. No temporary product sampling and tasting event shall be conducted for more than three (3) consecutive days. No more than three (3) temporary product sampling and tasting events permits shall be issued to any licensee during any one (1) calendar year. Temporary product sampling and tasting events to be conducted at the same location on city property on non-consecutive days, for example, weekly, may be authorized and conducted pursuant to a single permit as authorized by the city. D. The hours of a temporary product sampling and tasting event shall last no later than seven o'clock (7:00) P.M. E. Proof of dram shop insurance verifying coverage for the temporary product sampling and tasting event shall be provided by the licensee prior to the issuance of a temporary product and sampling and tasting event." r Section 3. That this ordinance shall be in full force and effect after its passage and publication in the manner provided by law. --6r;e: Zer41- Ed Schock, Mayor Presented: May 26, 2010 o F-.,..ny:;, Passed: May 26, 2010 p ' Vote: Yeas: 7 Nays: 0 ':�, Recorded: May 27, 2010 Published: May 28, 2010 Attest: 3 Diane Robertson, City C rk r r