G8-11 Ordinance No. G8-11
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 amending Subsection D
thereof entitled "Classes B-1 and B-2" to read as follows:
"D. Classes B-1, B-2 and B-3:
1. Class B-1: Package stores for the retail sale of alcoholic liquor
limited to beer and wine only, on the premises specified, solely in the original
package not for consumption on the premises. The per year license fee is one
thousand five hundred dollars ($1,500.00).
2. Class B-2: Package stores for the retail sale of alcoholic liquor
limited to beer and wine plus one additional alcoholic liquor only, on the premises
specified, solely in the original package not for consumption on the premises. The
local liquor control commission shall have the sole discretion for determining the
one additional alcoholic liquor in addition to beer and wine being sold, all of
which being in the original package not for consumption on the premises. There
shall be no exterior signage on any premises issued a class B-2 liquor license
indicating or advertising the sale of alcoholic liquor. The per year license fee is
one thousand seven hundred fifty dollars ($1,750.00).
3. Class B-3: Package stores for the retail sale of alcoholic liquor
limited to beer and wine only, on the premises specified, sold only in the original
package not for consumption on the premises. A B-3 license shall also be subject
to the following additional conditions: (a) there shall be no exterior signage on
the outside of the licensed premises advertising the sale of alcoholic liquor; (b)
sales of beer shall be limited to packages of six packs or more, and the sale of
single serving containers of beer is prohibited including, but not limited to, forty-
ounce containers; (c) the placement of cold product of alcoholic liquor shall be
limited to three coolers; (d) the shelf space for the placement/display of warm
product of alcoholic liquor shall be limited to shelf space sixteen feet long and
five feet tall; and (e) the floor space devoted to the sale of alcoholic liquor at the
licensed premises shall be less than three percent (3%) of the total floor space of
the licensed premises. The license fee per year is one thousand five hundred
dollars ($1,500)."
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 to read as follows:
"6.06.050: Licenses; Number To Be Issued:
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A. The number of class A licenses shall not exceed twelve (12) in number.
B. The number of class A-1 licenses shall not exceed one (1) in number.
C. The number of class B licenses shall not exceed twenty-one (21) in
number.
D. The number of class B-1 licenses shall not exceed ten (10) in number.
E. The number of class B-2 licenses shall not exceed two (2) in number.
F. The number of class B-3 licenses shall not exceed three (3) in number.
G. The number of class C-1 licenses shall not exceed one (1) in number.
H. The number of class E-2 licenses shall not exceed two (2) in number.
I. The number of class E-3 licenses shall not exceed two (2) in number.
J. The number of class M licenses shall not exceed six (6) in number.
K. The number of class R licenses shall not exceed one (1) in number.
L. The number of class R-1 licenses shall not exceed one (1) in number.
M. The number of class S licenses shall not exceed one (1) in number.
N. The number of class U licenses shall not exceed two (2) in number.
0. The number of class V licenses shall not exceed one (1) in number.
P. The number of class W licenses shall not exceed one (1) in number."
Section 3. That Section 6.06.060 of the Elgin Municipal Code, 1976, as amended,
entitled "Application; Filing; Processing Fee" be and is hereby further amended to read as
follows:
"Applications shall be directed to and filed with the local liquor control
commission. In addition to all other fees imposed the applicant shall also pay a
nonrefundable three hundred dollars ($300.00) at the time of filing to cover the
cost of processing the application. Prior to the issuance of any license the
applicant shall pay to the city clerk the full amount of the annual license fee
required to be paid for the kind of license applied for. There shall be no filing fee
imposed for any application seeking the issuance of a class G or K license when
the city is the applicant. There shall be no filing fee imposed for any application
seeking the issuance of a class H, I or K-1 license, nor for any application seeking
the issuance of an exterior sales permit, a young adult night permit, an outside
event permit or an off-site special event permit.
Prior to issuance of a new class B license, the applicant shall deposit the sum of
ten thousand dollars ($10,000.00) with the city clerk to be placed in the general
fund of the city. Prior to issuance of a new class B-1, B-2 or B-3 license, the
applicant shall deposit the sum of five thousand dollars ($5,000.00) with the city
clerk to be placed in the general fund of the city. It shall further be the duty of any
licensee under this chapter before the issuance of any license to a new licensee to
submit to the commission a bulk sales affidavit or affidavits in compliance with
the bulk sales provisions of the uniform commercial code of Illinois or such other
applicable statutes governing bulk sales within the state so that the exact amount
of indebtedness of the party selling the business is known and such issuance shall
not be executed until the commissioner is satisfied that adequate provisions are
made for the payment of all obligations relating to the business or license of the
seller. Any license issued to a vendee under the provisions of this section shall not
be eligible to be surrendered to be issued to another purchaser of the business.
Any bond or policy of liability insurance submitted to the local liquor control
commission pursuant to the requirements of this section shall be for the entire
term of the license period and it shall be a condition of any license issued by the
local liquor control commission that the bond or policy of liability insurance shall
be in full force and effect throughout the license period as a condition of doing
business pursuant to such license."
Section 4. That Section 6.06.090 of the Elgin Municipal Code, 1976, as amended,
entitled "License; Issuance Limitations" be and is hereby further amended by amending
Subsections C, D and I thereof to read as follows:
"C. Notwithstanding any other provisions of this code, no new class A, B, B-1,
B-2 or B-3 license shall be granted for any premises located in the CC1 or CC2
center city zoning district unless the minimum number of parking spaces are
provided on the licensed premises as required under section 19.45.080 of this
code, as amended, or unless the licensed premises is located within two hundred
fifty feet (250') of a municipal off street parking facility.
D. No class A, B, B-1, B-2 or B-3 license shall be granted for any premises
located wholly or partially on South Grove Avenue from Spring Street on the
south to Chicago Street on the north or on DuPage Court from Spring Street on
the east to South Grove Avenue on the west.
I. No initial class B, B-1, B-2 or B-3 license shall be considered or granted
until the applicant has obtained a conditional use for such an establishment
pursuant to the procedures under chapter 19.65 of this code, as amended."
Section 5. That Section 6.06.100 of the Elgin Municipal Code, 1976, as amended,
entitled "License; Change in Personnel" be and is hereby further amended by amending
Subsection C thereof to read as follows:
"C. When a license has been issued to a corporation and a change takes place in the
officers, directors, managers or shareholders of more than five percent (5%) of the stock,
which change results in the holding of office or shares by one who is not eligible for a
license, said license shall terminate. Any transfer of fifty percent (50%) or more of the
partnership interest, membership interest in a limited liability company, or of the shares
of a class B licensee's corporate stock shall require a payment of ten thousand dollars
($10,000.00) by the stock transferee to the city clerk to be placed in the general fund of
the city. Any transfer of fifty percent (50%) or more of the partnership interest,
membership interest in a limited liability company, or of the shares of a class B-1, B-2 or
B-3 corporate stock shall require payment of five thousand dollars ($5,000.00) by the
stock transferee to the city clerk to be placed in the general fund of the city."
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 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, B-2, B-3, C, C-1, D, E, E-1, E-2, E-3,
F, F-1, G, J, K, M, N, N-1, 0, P, R, R-1, S, T, U and V license shall be
rk 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 7. That Section 6.06.117 of the Elgin Municipal Code, 1976, as amended,
entitled "Service Hours" be and is hereby further amended by amending Subsection A thereof by
adding to the list of licensees therein the additional license classifications of"B-2 and B-3".
Section 8. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 9. That this ordinance shall be in full force and effect after its passage and
publication in the manner provided by law.
Ed Schock, Mayor
Presented: March 9, 2011
55 '�
Passed: March 9, 2011 Cj
Omnibus Vote: Yeas: 7 Nays: 0 °'f��;,*tociicumito%` `
Recorded: March 10, 2011 ,
Published: March 11, 2011 ,:,
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Attest: ti
Diane Robertson, City lerk
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