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G46-15 Ordinance No. G46-15 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" TO CLARIFY AND AMEND CERTAIN REGULATIONS RELATING TO FEES FOR VARIOUS CLASS B LIQUOR 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 liquors pertains to the government affairs of the City; and WHEREAS, the City Council of the City of Elgin has determined that it is appropriate to clarify and amend certain regulations relating to fees for various Class B liquor licenses. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. 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, 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. The foregoing ten thousand dollar ($10,000.00) fee and five thousand dollar ($5,000.00) fee shall not apply to a licensee who has previously paid such a fee to the city and who is obtaining a new license solely due to a change of location of the licensed premises. 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 2. 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 3. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. da/Arfe)-- Gr./66 David J. Ka', : n, ayor Presented: November 4, 2015 Passed: November 4, 2015 Vote: Yeas: 9 Nays: 1 rG C Recorded: November 4, 201St �f� Published: November 7, 2015 Attest: ° , ble-26-4Sh ' Kimberly Dewis, City Clerk - 2 -