G45-11 • Ordinance No. G45-11
AN ORDINANCE
AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE; 1976
AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS"
WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise
any power and perform any function pertaining to its government affairs; and
WHEREAS, the regulation of alcoholic liquor dealers pertains to the government affairs
of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 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: (1) deleting in its entirety
subsection R thereof which relates to a Class O license; (ii) deleting in its entirety subsection Y
thereof which relates to a Class V license; and (iii) by re-lettering the remaining subsections
accordingly.
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 Q thereof which relates to Class V licenses; and (ii) by re-lettering the
remaining subsections accordingly.
Section 3. That Section 6.06.058 of the Elgin Municipal Code, 1976, as amended,
entitled "Outside Event Permit" be and is hereby further amended by deleting from the listing of
licenses therein the reference to the Class O license.
Section 4. 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 references to the Class O and the Class V licenses.
Section 5. That Section 6.06.059.1 of the Elgin Municipal Code, 1976, as amended;
entitled "Temporary Product Sampling and Tasting Event Permit" be and is hereby repealed in
its entirety.
Section 6. That Section 6.06.115 of the Elgin Municipal Code, 1976, as amended,
entitled 'Basset Training Requirements" be and is hereby further amended by deleting from the
listing of licenses listed therein the references to the Class O and Class V licenses.
Section 7. That Section 6.06.117 of the Elgin Municipal Code, 1976, as amended,
entitled "Service Hours" be and is hereby further amended by deleting from the listing of
licenses therein the reference to the Class O license.
•
• Section 8. That Section 6.06.140 of the Elgin Municipal Code, 1976, as amended,
entitled "Offenses by Licensee" be and is hereby further amended by amending subsection M
thereof to read as follows:
"M. Keep open for business or admit the public or patrons or customers
or persons to any premises licensed under this chapter for the retail
sale of alcoholic liquors during the hours within which sale of such
liquor is prohibited or to permit or allow persons, patrons, or
customers to remain in or about the licensed premises either before
or after the hours designated within which the sale and
consumption of alcoholic liquors is prohibited on the licensed
premises; provided, however, that grocery stores, convenience
stores and gas stations which operate on a twenty four (24) hour
basis, restaurants, clubs, the riverboat pavilion; drugstores, hotels,
and motels may keep their places of business open subject only to
the provisions that no sale at retail of alcoholic liquors or the
consumption by patrons or customers or by the public of alcoholic
liquors shall be permitted or allowed on said licensed premises
during the hours prohibited; further provided, however, that
employees may remain in or about the licensed premises either one
hour before or after the hours designated within which the sale and
consumption of alcoholic liquor is prohibited on the licensed
premises for the sole purpose of conducting business related
activities such as cleaning and inventory expressly subject to the
provision that no sale at retail of alcoholic liquors or the
consumption by any persons of alcoholic liquor shall be permitted
or allowed on said licensed premises during the hours prohibited;
provided further, however, that notwithstanding any contrary
provisions in the foregoing or in Section 6.06.040, no additional
persons, patrons, or customers shall be admitted to a licensed
premises issued a Class A-1, M, R, R-1 or U liquor license within
thirty minutes of the conclusion of the service hours for alcoholic
liquors for such an establishment and no person, patron or
customer shall be sold or served additional alcoholic beverages
within fifteen minutes of the conclusion of the service hours for
alcoholic liquors for such an establishment."
Section 9. That Section 6.06.140 of the Elgin Municipal Code, 1976, as amended,
entitled "Offenses by Licensee" be and is hereby further amended by amending subsection U
thereof to read as follows:
"U. Commit any violation of any federal law, state law or of the
ordinances of the city;"
Section 10. That Section 6.06.140 of the Elgin Municipal Code, 1976, as amended,
• entitled "Offenses by Licensee" be and is hereby further amended by adding thereto a new
• subsection V thereto to read as follows and by re-lettering the remaining subsection V and W
accordingly:
V. Suffer or permit a violation of any federal law, state law or of the
ordinances of the city."
Section 11. That Section 6.06.140 of the Elgin Municipal Code, 1976, as amended,
entitled "Offenses by Licensee" be and is hereby further amended by adding new subsections Y
and Z thereto to read as follows:
"Y. Permit the sale at retail for consumption on the premises of a bottle
or bottles of spirits as defined in the Liquor Control Act to any one
person or group of persons unless as part of hotel room service to a
registered hotel guest pursuant to a Class D-1 license.
Z. Permit on a licensed premises any live fighting events or contests
including, but not limited to, live mixed martial arts fights, live
ultimate fighting events or live boxing events."
Section 12. That Section 6.06.145 of the Elgin Municipal Code, 1976, as amended,
entitled "Preservation of Peace on Licensed Premises" be and is hereby further amended by
amending subections C and D thereof to read as follows:
• "C. No licensee, employee or agent of the licensee shall suffer or
permit any fighting on the licensed premises. For the purposes of
this section, "fighting" shall consist of physical contact of an
insulting or provoking nature or causing physical harm to an
individual.
D. "Licensed Premises", as defined for purposes of this section, shall
mean the actual physical space or location where alcoholic
beverages are stored, displayed, offered for sale or where drinks
containing alcoholic beverages are mixed, concocted and served
for consumption. Included is the lot, plot or parcel of land owned
or otherwise controlled by the licensee; any area set aside for use
by the general public including restrooms and lounges; any area
used by agents or employees of the licensee for preparation of
services including kitchen or storage facilities; any outdoor area
wherein the public is served or awaiting service; any parking area
or facility owned or otherwise controlled by the licensee; any
adjoining or adjacent public property utilized by the patrons of the
licensed establishment including, but not limited, any sidewalks,
streets, alleys or parking lots."
Section 13. That Section 6.06.150 of the Elgin Municipal Code, 1976, as amended,
• entitled "Offenses By Other Than Licensee" be and is hereby further amended by adding a new
• subsection J thereto to read as follows and by re-lettering the existing subection J thereof as
subsection K:
"J. It is unlawful for any person to loiter upon any public property
adjoining or adjacent to any premises licensed under the provisions
of this chapter including, but not limited to, any sidewalk; street,
alley or parking lot."
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.
David J. Kapt_ , Mayor
Presented: October 26, 2011
Passed: October 26, 2011 0
Vote: Yeas: 7 Nays: 0
Recorded: October 26, 2011
Published: October 26, 2011 A
Attest:
Kimberly DexvW, City Clerk
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