G38-10 (2) a '
Ordinance No. G38-10
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 Section 6.06.040 of the Elgin Municipal Code, 1976, as amended,
entitled "License Classes; Fees," be and is hereby further amended by deleting in its entirety
subsection AA thereof, which relates to a Class X license.
Section 2. That Section 6.06.050 of the Elgin Municipal Code, 1976, as amended,
entitled"Licenses; Number to be Issued," be and is hereby further amended by: (i) deleting in its
entirety subsection N thereof, which relates to the number of Class X licenses; (ii) by amending
subsection D thereof, to read: "D. The number of Class B-1 licenses shall not exceed ten (10) in
number"; (iii) by adding a new subsection E thereof to read: "E. The number of Class B-2
licenses shall not exceed two (2) in number,"; and (iv) by re-lettering the existing subsections E
through M as subsections F through N.
Section 3. That Section 6.06.059 of the Elgin Municipal Code, 1976, as amended,
entitled "Offsite Special Event Permit," be and is hereby further amended by deleting from the
listing of licenses therein the reference to the Class X license.
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Section 4. That Section 6.06.115 of the Elgin Municipal Code, 1976, as amended,
entitled "Bassett Training Requirements," be and is hereby further amended by deleting from the
listing class of licenses listed therein the reference to the Class X license.
Section 5. That Section 6.06.125 of the Elgin Municipal Code, 1976, as amended,
entitled "Complaint Procedure," be and is hereby further amended by amending subparagraph A
thereof to read as follows:
"A. Procedure Before Commission On Complaints:
1. The commission may proceed by complaint and notice of hearing, to require any
licensee to appear at a time and place specified in the notice to show cause why its
liquor license should not be suspended or revoked or a fine imposed for violations
of the Illinois liquor control act, rules or regulations issued pursuant thereto,
and/or this chapter, as amended.
2. All such proceedings shall be instituted by complaint in writing, shall state the
particular provision, rule or regulation alleged to have been violated and the facts
in detail upon which such allegation is based and shall be signed by the chairman
or any member of the commission.
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3. The licensee against whom complaint has been filed shall be entitled to be served
with a copy of the complaint and shall be given notice of the time and place set
for the hearing of the complaint.
4. The complaint and notice of hearing shall be served on the licensee named therein
not less than twenty-one (21) days prior to the date specified in the notice of
hearing.
5. The licensee named in the complaint and notice of hearing shall appear at the time
and place designated in the complaint and notice of hearing.
6. The licensee named in the complaint and notice of hearing shall file a written
answer with the commission and with the attorney identified in the complaint or
notice of hearing within fourteen (14) days after having been served with the
complaint and notice of hearing. Such answer shall contain an explicit admission
or denial of each allegation in the complaint. Every allegation in the complaint,
except allegations as to an appropriate remedy, not explicitly denied is admitted,
unless the licensee states in its answer that it has no knowledge thereof sufficient
to form a belief, and attaches an affidavit of the truth of the statement of want of
knowledge. Denials must not be evasive but must fairly answer the substance of
the allegation denied. If a licensee wishes to raise an issue as to the appropriate
remedy only, the licensee may do so by stating in its answer that the licensee
desires to contest only the remedy."
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 after its passage and
publication in the manner provided by law.
Schock, Mayor
Presented: August 11, 2010
Passed: August 11, 2010
Omnibus Vote: Yeas: 7 Nays: 0 �ti
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Recorded: August 12, 2010 �`` '.
Published: August 13, 2010
Attest: o> ,\�il�,
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Diane Roberts , City Clerk
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