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G20-12 Ordinance No. G20-12 • AN ORDINANCE AMENDING SECTION 9.08.230 OF THE ELGIN MUNICIPAL CODE, 1976 AS AMENDED, ENTITLED "RESTAURANT HOURS OF OPERATION LIMITATIONS" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 9.08.230 of the Elgin Municipal Code, 1976 as amended,entitled "Restaurant Hours of Operation Limitations:" be and is hereby further amended to read as follows: "9.08.230: RESTAURANT HOURS OF OPERATION LIMITATIONS: Except for additional hours of operation authorized in a liquor license issued by the City of Elgin Local Liquor Control Commission, no person shall operate or keep open to the public any restaurant located adjacent to any residentially zoned property in the city, or separated from any residentially zoned property in the city only by a public right of way, between the hours of twelve o'clock(12:00) midnight until five thirty o'clock(5:30)A.M. Mondays through Saturdays,and between the hours of one o'clock (1:00) A.M. until five thirty o'clock (5:30) A.M. on Sundays. For the • purposes of this section "restaurant" shall be defined to mean an establishment in which the principal use is the service of prepared food and/or beverages for consumption on and/or off the premises but shall not include establishments where incidental prepared food and beverages is accessory to a bakery, convenience store, meat market,or similar principal use nor shall it include cafeterias that are accessory to hospitals, colleges, universities, schools, or other similar principal uses. For the purposes of this section restaurant operations shall not include restaurants which are providing off site deliveries only or service limited to a drive-through window. For the purposes of this section residentially zoned properties shall not include properties located in the CC1 center city district or the CC2 center city district." Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. f David J. Ka ain, ayor • Presented: April 25, 2012 • Passed: April 25, 2012 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: April 25, 2012 SSFWMINIS Published: April 27, 2012 Attest: Kimberly Dewis, City Clerk • • - 2 -