G10-15 Ordinance No. G10-15
AN ORDINANCE
AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" TO AMEND
CERTAIN REGULATIONS RELATING TO CLASS E-3 RESTAURANT LICENSES
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; and
WHEREAS, the City Council of the City of Elgin has determined it is appropriate to
amend certain regulations relating to Class E-3 restaurant licenses.
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 H3
thereof relating to Class E-3 licenses to read as follows:
"3. Class E-3: For the retail sale in restaurants, as defined in article I, paragraph 2.23 of
the Illinois liquor control law, of alcoholic liquor for consumption on the premises;
expressly providing, however, that such licenses shall be issued only to establishments
having a regular capacity, in accordance with existing city and state public health and fire
prevention ordinances and statutes, to serve meals to not less than sixty (60) persons at
any one time, that fifty percent (50%) or more of the gross revenue in any month from the
operation of the licensed premises must be from the serving of meals and that thirty five
percent (35%) or more of the total floor area of the establishment must be utilized for
dining room areas for the regular service of meals. There shall be no signage outside a
restaurant holding a class E-3 liquor license indicating or advertising the sale of alcoholic
liquor. For the purposes of this subsection, "gross revenue" shall be defined as the total
amount of cash or other consideration, including all taxes collected by the seller, received
by the licensee as the result of the transfer of goods, or the provision of services to
another. The licensee shall maintain adequate books and records in accordance with
generally accepted accounting standards that shall clearly indicate gross revenue from the
sale of alcoholic liquor separately from the gross revenue from the serving of meals. The
licensee shall make such books and records available for inspection by the local liquor
control commission or its designee. Such inspection may be conducted during normal
business hours on the licensed premises or at such other location in the city as directed by
the local liquor control commission. The local liquor control commission shall determine,
as a result of such inspection, whether, in the local liquor control commission's opinion,
the books and records maintained by the licensee meet the requirements of this
subsection H3 and whether there is cause for the local liquor control commission to
revoke or suspend the license, impose a fine on the licensee, or impose a fine in addition
to revoking and suspending the license in accordance with the provisions of this title. The
license fee per year is six hundred sixty dollars ($660.00)."
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed the extent of any such conflict.
Section 3. That this ordinance shall be in full force and effect upon its passage in the
manner provided by law.
40,
David J. K.ptain, ayor
Presented: April 22, 2015
Passed: April 22, 2015
Vote: Yeas: 8 Nays: 0 OF
Recorded: April 22, 2015
Published: April 23, 2015 V `'
Attest: 441,0„..
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Kimberly Dewis, City Clerk