G40-15 Ordinance No. G40-15
AN ORDINANCE
AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS"
WITH RESPECT TO CERTAIN REGULATIONS FOR THE CLASS U
LIQUOR LICENSE CLASSIFICATION
WHEREAS, Section 5/4-1 of the Illinois Liquor Control Act (235 ILCS 5/4-1) authorizes
cities to determine the number, kind and classification of licenses, for sale at retail of alcoholic
liquor, and to establish such further regulations and restrictions upon the issuance of and
operations under local licenses not inconsistent with law as the public good and convenience
may require; and
WHEREAS, the City of Elgin is a home rule unit and pursuant to Article VII Section 6 of
the Illinois Constitution may exercise any power and perform any function pertaining to its
government and affairs including, but not limited to, the part to regulate for the protection of the
public health, safety, morals and welfare; and
WHEREAS, the regulation of alcoholic liquor dealers and the protection of the public
health, safety and welfare and providing for the public good and convenience are subjects within
the city's home rule authority pertaining to the city's government and affairs; and
WHEREAS, the city council finds that it is necessary and desirable to clarify and amend
certain regulations with respect to the Class U liquor license classification; and
WHEREAS, the city council finds that the amendments as provided in this ordinance and
this ordinance are necessary to protect the public health, safety and welfare and are for the public
good and convenience; and
WHEREAS, the amendments as provided in this ordinance and this ordinance are
authorized by law and are adopted pursuant to the city's home rule authority.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That the foregoing recitals are incorporated into, and made part of this
ordinance, as findings of the city council.
Section 2. 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 T
thereof which relates to the Class U liquor license classification as follows:
"Class U: For the retail sale of alcoholic liquor on the specified premises in any
public place kept, used, maintained, advertised and held out to the public as a
place where meals are served, and where meals actually are served and regularly
served, without sleeping accommodations, such space being provided with
adequate and sanitary kitchen facilities licensed and certified pursuant to the city's
retail food stores and food service establishments sanitation code, 77 Illinois
administrative code 750, and with dining room equipment and capacity to serve
meals to not less than forty-five (45) persons at any one time, and having
employed therein a sufficient number and kind of employees to prepare, cook and
serve suitable food for its guests. 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. 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 a 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 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 intent of this license
classification is that the primary business conducted on the premises to be
licensed shall be the service of meals in a restaurant that also has an integrated
tavern area. A full menu, including entrees and appropriate side dishes, shall be
available at all times liquor sales are being conducted until ten o'clock (10:00)
P.M. Sunday through Thursday, and eleven o'clock (11:00) P.M. Friday and
Saturday. After such times, in the event a full menu is not provided, a reduced
menu, which includes only appetizers, sandwiches, snacks, hors d'oeuvres or
other similar foods, shall be available. Provided, the kitchen may cease operating
no sooner than one hour before closing.
There shall be no exterior signage on any premises issued a class U liquor license
indicating or advertising the sale of alcoholic liquor.
The license fee per year is one thousand one hundred dollars ($1,100.00)."
Section 3. That Section 6.06.117 of the Elgin Municipal Code, 1976, as amended,
entitled "Service Hours" be and is hereby further amended by amending subparagraph A thereof
to read as follows:
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"A licensee holding a class A, AA, B, B-1, B-2, B-3, B-4, B-5, C, D, E, E-1, E-2,
E-3, E-4, F, F-1, F-2, G, H, I, J, S, U or Z license may sell or permit to be sold
alcoholic liquors only between the following hours:
Monday through Thursday: Six o'clock (6:00) A.M. until one o'clock (1:00) A.M.
the following day.
Friday and Saturday: Six o'clock (6:00) A.M. until two o'clock (2:00) A.M. the
following day.
Sunday: Nine o'clock (9:00) A.M. until one o'clock (1:00) A.M. the following
day.
New Year's Eve: Three o'clock (3:00) A.M. the following day."
Section 4. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance are hereby repealed to the extent of any such conflict.
Section 5. That this ordinance shall be in full force and effect from and after
September 1, 2015, upon its passage and publication in the ma h ,er provie es by law.
f.1 /' i
David J. Ka.:in, M. or
Presented: August 26, 2015 M
OF EC
Passed: August 26, 2015 :. '1 O • ••
Vote: Yeas: 9 Nays: 0 S(✓` Lo `
Recorded: August 26, 2015 a 'y ._ '
Published: August 28, 2015 ' ,,
r Iva
Attest: nQr :,,
)Y(///a/h11./e '
Kimberly Dewis, Cit Clerk
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