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G5-17 Ordinance No. G5-17 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" AND CHAPTER 12.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "PUBLIC PARKS; GENERAL REGULATIONS" WHEREAS,the City of Elgin is a home rule unit and as a home rule unit may exercise and power and perform and function pertaining to its government and affairs; and WHEREAS,regulations relating to alcoholic liquor dealers and the use of city parks pertain to the government and affairs of the city. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. 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 J thereof to read as follows: "J. Class G: For the retail sale of alcoholic liquors in buildings of golf courses owned by the city in connection with the operation of an established food serving facility during times when food is dispensed for consumption upon the premises. Also for the retail sale and consumption of alcoholic liquor by the city to daily fee customers and pass holders playing golf at the city owned The Highlands of Elgin, Bowes Creek and Wing Park Golf Courses and their attendant facilities, notwithstanding the prohibitions regarding the possession and consumption of alcoholic liquors in parks as provided by subsection 6.06.150B of this chapter, subsection 12.08.0101 of this code or other provisions of this code. The license fee per year for operation by the city is no fee and operation by independent contractor is four hundred forty dollars ($440.00)." Section 2. That Section 6.06.150 of the Elgin Municipal Code, 1976, as amended, entitled "Offenses By Other Than Licensee:" be and is hereby further amended by amending subparagraph B thereof to read as follows: "B. Except as may be expressly permitted pursuant to a special events permit issued by the city pursuant to title 13, chapter 13.25 of this code, it is unlawful for any person to consume any alcoholic liquor upon a public street, sidewalk, mall, bridge or other public property. Except as may be expressly permitted pursuant to a special event sponsored or cosponsored by the city and pursuant to a special event permit therefor issued by the city pursuant to title 13, chapter 13.25 of this code, or pursuant to a class G liquor license issued by the for the city owned The Highlands of Elgin, Bowes Creek and Wing Park Golf Courses, it is unlawful to consume any alcoholic liquor in any park. In all events it is unlawful to consume any alcoholic liquor in any motor vehicle on any public street or public property in the city." Section 3. That Section 12.08.010 of the Elgin Municipal Code, 1976, as amended, entitled "Certain Acts Prohibited:" be and is hereby further amended by amending subparagraph I thereof to read as follows: "l. The possession of any beverage containing alcohol shall not be permitted except as may be expressly permitted pursuant to a special event sponsored or cosponsored by the city and pursuant to a special event permit therefor issued by the city pursuant to title 13,chapter 13.25 of this code or pursuant to a class G liquor license issued by the city for the city owned The Highlands of Elgin, Bowes Creek and Wing Park Golf Courses." Section 4. 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 5. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. �e David J. Kafaive, Mayor Presented: February 22, 2017 Passed February 22, 2017 Omnibus Vote: Yeas: 8 Nays: 0 Abstained: 1 Recorded: February 22, 2017 Published: February 22, 2017 "' o - Attest: Kimberly Dewis, Clerk a� ;f 2