G19-16Ordinance No. G19 -16
AN ORDINANCE
AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED "ALCOHOLIC LIQUOR DEALERS" WITH RESPECT TO REGULATIONS FOR
THE CLASS R LIQUOR LICENSE CLASSIFICATION, THE YOUNG ADULT NIGHT
PERMIT AND A TEEN NIGHT PERMIT
WHEREAS, Section 5/4 -1 of the Illinois Liquor Code (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 and may exercise any power and perform any function pertaining to
its government and affairs including, but not limited to, the power 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 desirable to clarify and amend certain liquor
license regulations with respect to the Class R liquor license classification, the young adult night
permit and to create a new teen night permit; 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 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
RI thereof which relates to the Class R liquor license classification as follows:
"Class R: For the retail sale by a nightclub, on the premises specified, of alcoholic liquor
for consumption on the premises only for establishments located in the CC1 center city
zoning district and east of the Fox River. A licensee holding a class R license may sell or
permit to be sold alcoholic liquors only on Fridays and Saturdays from ten o'clock
(10:00) A.M. until six o'clock (6:00) A.M. the following day and on Sundays through
Thursdays from ten o'clock (10:00) A.M. until three o'clock (3:00) A.M. the following
day. A licensee holding a class R license may also sell or permit to be sold alcoholic
liquors on the Wednesday immediately preceding Thanksgiving Day from ten o'clock
(10:00) A.M. until four o'clock (4:00) A.M. the following day and on New Year's Eve
from ten o'clock (10:00) A.M. until four o'clock (4:00) A.M. the following day. In the
event a nightclub seeking a class R license is a private club with admission limited to
members and their guests only, the application and any license issued for such an
establishment shall so provide admission and the sale of alcohol at such an establishment
shall be limited to members and their guests only. The license fee per year is three
thousand eighty dollars ($3,080.00)."
Section 3. That Section 6.06.056 of the Elgin Municipal Code, 1976, as amended,
entitled "Young Adult Night Permit:" be and is hereby further amended by amending
subparagraphs A and B thereof to read as follows:
"A. There is established a young adult night permit to allow the licensee to provide
entertainment consisting of, but not limited to, parties, dances, musical and
theatrical performances, or other such similar events of an entertaining nature on
the licensed premises of the principal establishment for which there is a then
currently issued and valid class R license. Admission to an entertainment event
being conducted pursuant to a young adult night permit may be solely limited to
the members of a private club consisting of members between the ages of
seventeen (17) and twenty one (21) and the members' guests. The issuance of a
young adult night permit shall only be granted upon the submission and approval
of an application to the local liquor control commission.
B. Not more than three entertainment events conducted pursuant to a young adult
night permit shall occur within any seven (7) day period."
Section 4. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended,
entitled "Alcoholic Liquor Dealers" be and is hereby further amended by adding a new Section
6.06.057 thereto entitled "Teen Night Permit" to read as follows:
"6.06.057: Teen Night Permit:
A. There is established a teen night permit to allow the licensee to provide
entertainment consisting of, but not limited to, parties, dances, musical and
theatrical performances, or other such similar events of an entertaining nature on
the licensed premises of the principal establishment for which there is a then
currently issued and valid class R license. Admission to an entertainment event
being conducted pursuant to a teen night permit shall be solely limited to persons
between the ages of thirteen (13) and sixteen (16) years old. The issuance of a
teen night permit shall only be granted upon the submission and approval of an
application to the local liquor control commission.
B. Not more than three entertainment events conducted pursuant to a teen night
permit shall occur within any seven (7) day period.
C. A teen night permit shall expire on April 30, next after the date of issue.
D. Notwithstanding subsection 6.06.140N of this chapter, an entertainment event
being conducted pursuant to a teen night permit shall be subject to the following
age restrictions and identification requirements:
No person conducting or operating an entertainment event pursuant to a
teen night permit shall permit, either by act or omission, any person under
the age of thirteen (13) years to enter or remain on the licensed premises.
2. No person conducting or operating an entertainment event pursuant to a
teen night permit shall permit, either by act or omission, any person over
the age of sixteen (16) years to enter or remain upon the licensed premises,
unless:
a. That person is operating or managing the entertainment event
pursuant to a teen night permit.
b. That person is a bona fide employee of the person operating or
managing the entertainment event pursuant to a teen night permit.
C. That person is a parent or guardian of an authorized attendee of a
teen night permit event.
d. That person is over the age of sixteen (16) and has been admitted
to a designated floor area of the licensed premises that is separate,
distinct and not freely accessible from the floor area of the licensed
premises in which the entertainment event conducted pursuant to a
teen night permit is being held.
The person conducting or operating the teen night event shall require a
government issued photo identification card showing the age of each
person admitted or seeking to be admitted.
4. Any person who shall by affirmative misrepresentation of age obtain
admission to or permission to remain at any entertainment event being
conducted pursuant to a teen night permit contrary to the provisions of this
section shall be punishable by a fine of not less than five hundred dollars
($500.00) nor more than one thousand dollars ($1,000.00).
5. Any person who permits a person to enter or remain at any entertainment
event being conducted pursuant to a teen night permit contrary to the
provisions of this section shall be punishable by a fine of not less than five
hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00).
E. No alcoholic liquor may be displayed, sold, advertised, served, possessed or
consumed within the designated floor area of the licensed premises where an
entertainment event conducted pursuant to a teen night permit is being held at any
time.
F. The sale, use or possession of what is commonly referred to as "glow sticks ",
lollipops, menthol inhalers, medicated vapor rub, pacifiers, surgical masks or dust
masks shall be prohibited during any event conducted pursuant to a teen night
permit.
G. An application for a teen night permit shall be submitted to the local liquor
control commission and shall contain the following information:
1. The applicant's name, address and day and evening telephone numbers. If
the applicant is not a natural person, this information shall be provided for
both the applicant and for the natural person making the application on
behalf of the applicant. If the applicant is not a natural person, the
applicant shall also provide the names, addresses and day and evening
telephone numbers of the limited partners, partners, owners and principals
of the applicant.
2. The complete address and identification of the areas within the licensed
premises in which the teen night event will be conducted.
3. The proposed date or dates on which the entertainment event or events
requiring a teen night permit will occur and a description of the proposed
entertainment that will be occurring on those dates.
4. The designation of not less than one on site manager who will be in
attendance during and following each teen night event and be responsible
for the direct operation and oversight of the licensed premises and the
supervision of other employees or workers. The on site manager shall have
authority to accept complaints, notice of violations and take any corrective
actions required by the city.
5. A security plan detailing the manner in which the applicant will maintain
order on the licensed premises and ensure compliance with the laws of the
state and this code. Any changes to the approved security plan must be
submitted and approved by the chief of police not less than five (5)
business days before the event.
6. A statement from the applicant that the licensed premises on which the
applicant will conduct or operate the teen night event will comply with all
laws and other legal requirements, including, but not limited to, building,
property maintenance, zoning, health and fire prevention codes; and a
statement that the applicant and any employee or agent thereof will, in the
conduct of any teen night event, comply with all laws and other legal
requirements, including, but not limited to, the building, property
maintenance, zoning, health and fire prevention codes.
7. A statement of indemnification from the applicant stating that the licensee
shall indemnify and hold the city harmless from any and all losses, claims,
actions or damages suffered by any person or persons by reason of or
resulting from any negligence of the licensee or its agents, employees, or
patrons or on account of any act or omission of the licensee in its exercise
of its license or use or occupancy of any premises in connection with such
license. In the event any suit or action is brought against the city, the
licensee shall, upon notice of the commencement thereof, defend the
same, at no cost and expense to the city, and promptly satisfy any final
judgment adverse to the city or to the city and the licensee jointly;
provided, that in the event the city determines that one or more principles
of governmental or public law are involved, the city retains the right to
participate in such action. The above liability shall not be diminished by
the fact, if it be a fact, that any such death, injury, damage, loss, cost or
expense may have been, or may be alleged to have been, contributed to by
the negligence of the city or its officers, employees or agents; provided,
however, that nothing contained in this section shall be construed as
requiring the licensee to indemnify the city against liability for damages
arising out of bodily injury to persons or damage to property caused by or
resulting from the sole negligence of the city, or its officers, employees or
agents.
8. Such other information as the local liquor control commission shall
require to ensure the health, safety and welfare of the patrons of a teen
night event.
9. A certification or declaration under penalty of perjury under the laws of
the state of Illinois that the information and statements in the application
are true and correct.
H. Any teen night permit issued by the local liquor control commission shall also be
subject to the following limitations:
1. The approved security plan shall be followed without any changes unless
such change has been submitted to the chief of police in writing not less
than five (5) business days before the entertainment event being conducted
pursuant to the teen night permit and any such change has been approved
by the chief of police prior to the event.
2. Security personnel shall be required for the maximum capacity of the
entertainment event at the licensed premises as determined by the chief of
police upon receiving the fire chiefs determination regarding the
maximum capacity of the licensed premises.
The holder of a teen night permit shall notify the local liquor control
commission in writing as to any proposed changes regarding the proposed
date or dates on which the entertainment event or events requiring a teen
night permit will occur and shall not change any designated event dates
without first receiving approval from the local liquor control commission.
4. No persons shall be admitted to the licensed premises prior to the opening
of the event.
5. Only the holder of a then currently issued and valid class R liquor license
for the establishment may apply for a teen night permit.
6. All peace officers of the city shall have free access to an event being
conducted pursuant to a teen night permit.
7. No person operating or conducting an entertainment event pursuant to a
teen night permit shall permit any person, other than an employee or
manager, to leave the licensed premises and return during the course of an
event unless that person pays a readmission fee equal to, or greater than,
one -half ('/2) of the original price of admission or cover charge.
I. A teen night permit shall be limited to the hours between twelve o'clock
(12:00) P.M. and ten o'clock (10:00) P.M.
J. The annual fee for a teen night permit shall be one hundred dollars ($100.00)."
Section 5. 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 6. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
David J. Ka n, ayor
Presented: April 27, 2016
Passed: April 27, 2016
Omnibus Vote: Yeas: 8 Nays:
Recorded: April 27, 2016
Published: April 29, 2016
M
& L'ae
Kimberly Dewis, Ci y Clerk