G34-17 Ordinance No. G34-17
AN ORDINANCE
AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS"
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 necessary and desirable to further amend
certain liquor license regulations regarding the sales of single servings of alcoholic beverages;
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 6.06.010 of the Elgin Municipal Code, 1976, as amended,
entitled "Definitions:" be and is hereby further amended by adding to the list of definitions
provided therein the following additional definitions:
"CENTER CITY BUSINESS DISTRICT: That area bounded by the north side of
Kimball Street on the north, the east side of Dundee Avenue and the east side of
Villa Street on the east, the south side of National Street on the south, and the
west side of State Street on the west, including, in all instances, all adjacent
properties on both sides of each boundary street."
"KEG: Containers designed for and capable of holding any beer, ale, or other
beverage made from malt by fermentation to be dispensed from a tapper."
Section 3. That Section 6.06.070 of the Elgin Municipal Code, 1976, as amended,
entitled, "Application; Contents:" be and is hereby further amended by amending Subparagraph
C thereof by adding the following additional subsection 12 thereto:
"12. An e-mail address at which the licensee can receive notices from the city,
including, but not limited to, notices relating to persons to which the sale of
alcoholic liquor is prohibited pursuant to Section 6.06.140K hereof."
Section 4. That Section 6.06.140 of the Elgin Municipal Code, 1976, as amended,
entitled, "Offenses by Licensee:" be and is hereby further amended by amending Subparagraph
W thereof by adding to the existing listing of named low cost/high alcohol content beer and malt
products the following additional products:
"Black Max, Bud Ice, Ice House, Ice House Edge, Labatt Ice, Labatt Max Ice,
Keystone Tall Boy, Natty Daddy, Three Estrellas, Genesee Ice, Cameo Black and
Camo Silver Ice."
Section 5. That Section 6.06.140 of the Elgin Municipal Code, 1976, as amended,
entitled, "Offenses by Licensee:" be and is hereby further amended by adding the following new
subparagraphs thereto to read as follows:
"CC. Permit in the Center City Business District the sale of any beer or malt
products by the single container, other than kegs, in the original package for off
premises consumption;
DD. Permit in the Center City Business District the sale of any single container
of alcoholic liquor, other than beer, in the original package for off premises
consumption if the volume of the container is less than 25.36 fluid ounces (or
approximately 750 milliliters);
EE. Sell any of the prohibited items in Subparagraphs CC and DD hereof
attached together or repackaged in any method other than originally done by the
distributor or manufacturer."
Section 6. 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 7. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
David J. Kapt , Ma or
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Presented: July 26, 2017 a
Passed July 26, 2017 f t ,
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: July 26, 2017
Published: July 27, 2017 "
imberly Dewis, City�UeV
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