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G28-17 Ordinance No. G28-17 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 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 further amend certain liquor license regulations with respect to the Class R 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 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 R1 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 CCI 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 twelve o'clock (12:00) P.M. until four o'clock (4:00) A.M. the following day and on Mondays through Thursdays from twelve o'clock (12:00) P.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 twelve o'clock (12:00) P.M. until four o'clock (4:00) A.M. the following day and on New Year's Eve from twelve o'clock (12:00) P.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 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 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. I David J. Ka ain, ayor Presented: June 28, 2017 Passed June 28, 2017 Vote: Yeas: 8 Nays: 1 Recorded: June 28, 2017 � ,�°"Y} t Published: June 30, 2017 J� NA Attest: Kimberly Dewis, Cit erk - 2 -