G53-13 Ordinance No. G53-13
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 and affairs; and
WHEREAS, the regulation of alcoholic liquor dealers pertains to the government and
affairs of the city.
NOW, THEREFORE, 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 subparagraph D thereof
to read as follows:
"D. Classes B-1, B-2, B-3, B-4 and B-5:
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 six hundred sixty dollars ($660.00).
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 seven hundred
seventy dollars ($770.00).
3. Class B-3: 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. 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
elk shall be limited to packages of 6-packs or more, and the sale of
single serving containers of beer is prohibited including, but not
limited to, forty (40) ounce containers; c) the placement of cold
product of alcoholic liquor shall be limited to three (3) coolers; d)
the shelf space for the placement/display of warm product of
alcoholic liquor shall be limited to shelf space sixteen feet (16')
long and five feet (5') 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 six hundred sixty dollars ($660.00).
4. Class B-4: 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. A B-4
license shall also be subject to the limitation that the area(s) used
for the displays for the sales of beer and wine shall in total be less
than ten percent (10%) of the building floor area of the premises.
The license fee per year is six hundred sixty dollars ($660.00).
5. Class B-5: Package stores for the retail sale of alcoholic liquor, on
the premises specified, solely in the original package not for
consumption on the premises. A B-5 license shall also be subject
to the limitation that the area(s) used for the displays for the sales
of alcoholic liquor shall in total be less than ten percent (10%) of
the building floor area of the premises. The license fee per year is
seven hundred seventy dollars ($770.00)."
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:
"A. The number of class A licenses shall not exceed eight (8) in
number.
B. The number of class AA licenses shall not exceed one (1) in
number.
C. The number of class A-1 licenses shall not exceed one (1) in
number.
D. The number of class B licenses shall not exceed twenty-two (22) in
number.
E. The number of class B-1 licenses shall not exceed ten (10) in
number.
F. The number of class B-2 licenses shall not exceed two (2) in
elk number.
G. The number of class B-3 licenses shall not exceed zero (0) in
number.
H. The number of class B-4 licenses shall not exceed zero (0) in
number.
1. The number of class B-5 licenses shall not exceed five (5) in
number.
J. The number of class C licenses shall not exceed seven (7) in
number.
K. The number of class C-1 licenses shall not exceed one (1) in
number.
1 . The number of class D licenses shall not exceed one (1) in number.
M. The number of class E licenses shall not exceed ten (10) in
number.
N. The number of class E-1 licenses shall not exceed five (5) in
number.
p. The number of class E-2 licenses shall not exceed three (3) in
number.
P. The number of class E-3 licenses shall not exceed five (5) in
number.
Q. The number of class F licenses shall not exceed eight (8) in
number.
R. The number of class F-1 licenses shall not exceed one (1) in
number.
S. The number of class M licenses shall not exceed one (1) in
number.
T. The number of class R licenses shall not exceed one (1) in number.
U. The number of class R-1 licenses shall not exceed one (1) in
number.
V. The number of class S licenses shall not exceed zero (0) in
number.
W. The number of class U licenses shall not exceed two (2) in number.
X. The number of class W licenses shall not exceed zero (0) in
number.
Y. The number of class X licenses shall not exceed one (1) in
number."
Section 3. 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,
B-3, B-4 or B-5 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
subparagraphs C, D and I thereof by adding to the listing of referenced license classes in each
such paragraph the additional licenses classes of B-4 and B-5.
Section 5. That Section 6.06.115 of the Elgin Municipal Code, 1976, as amended,
entitled "Basset Training Requirements" be and is hereby further amended by amending the
listing of license classes in subparagraph A thereof by adding thereto the additional license class
of B-5.
Section 6. That Section 6.06.117 of the Elgin Municipal Code, 1976, as amended,
entitled "Service Hours" be and is hereby further amended by amending the listing of license
classes in subparagraph A thereof by adding the thereto additional license class of B-5.
Section 7. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed to the extent of any such conflict.
Section 8. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
za�z&
avid J. K tain, ayor
Presented: November 20, 2013
Passed: November 20, 2013
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: November 20, 2013R�,M,
Published: : November 22, 2013
Attest:
Kimberly Dewis, Cit Clerk