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G19-18 Ordinance No. G19-18 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" TO CREATE A NEW CLASS 0 LICENSE 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 liquor dealers pertains to the government and affairs of the city; and WHEREAS, the city council of the City of Elgin has determined that it is appropriate to create a new class of liquor license for the premises at 51 South Grove Avenue pursuant to a proposal for a taproom at such location. 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 adding a new subparagraph R thereto, and by re-lettering the existing subparagraphs R through V accordingly, with such new subparagraph R thereto to read as follows: "R. Class 0: For the retail sale of alcoholic liquor for consumption on the premises on the premises commonly known as 51 South Grove Avenue, Elgin, Illinois, which further authorizes the sale of beer,ale,or other beverage made from malt by fermentation in a sealed keg for consumption off the premises, subject to the following additional restrictions and conditions: 1. Compliance with the terms and provisions of Ordinance No.G3-18 granting a conditional use to establish a commercial food hall and taproom on the subject property, provided, however, and notwithstanding anything the contrary in such ordinance, the sale of alcoholic liquor shall be for consumption on the premises only,with the sole exception of the sale of beer, ale, or other beverage made from malt by fermentation in a sealed keg for consumption off the premises. 2. The licensee may sell or permit to be sold alcoholic liquors daily from 8:00 a.m. until 12:00 a.m. 3. The licensee shall not operate or permit the operation of any sound amplification device or system on the licensed premises which can be heard from a distance of seventy-five (75) feet or more of any property line of the licensed premises. 4. The licensee fee per year is One Thousand Dollars ($1,000.00)." 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 L, which relates to a Class I special events license, and subparagraph 0, which relates to a Class K-1 special events license upon the premises of city owned property,by amending the listing of license classifications therein by adding a reference to the Class 0 license. Section 3. That Section 6.06.050 of the Elgin Municipal Code, 1976, as amended, entitled "Licenses; Number to be Issued: be and is hereby further amended by adding a new subparagraph U thereto,and by re-lettering the existing subparagraphs U through Z accordingly,with such new subparagraph U thereto to read as follows: "U. The number of Class 0 licenses shall not exceed one (1) in number." Section 4. That Section 6.06.055 of the Elgin Municipal Code, 1976, as amended, entitled"Exterior Sales Permit:"be and is hereby further amended by amending the listing of license classifications in the introductory paragraph thereof by adding a reference to the Class 0 license. Section 5. That Section 6.06.115 of the Elgin Municipal Code, 1976, as amended, entitled"Bassett Training Requirements:"be and is hereby further amended by amending the listing of license classifications in subparagraph A thereof by adding a reference to the Class 0 license. Section 6. 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 N thereof to read as follows: "N. Permit any person who has not attained the age of twenty one (21)years to remain on the premises of a Class A, A-1, AA, 0, R, or R-1 licensee. This subsection shall not apply to: 1. Persons eighteen (18) years of age or older, when such person is on the premises pursuant to employment; or 2. Persons accompanied by his or her parents, legal guardian or spouse; or 3. Food service establishments, except in areas segregated and designated principally for the sale or consumption of alcoholic liquor, or for bowling alleys,except when they are segregated and designated principally for the sale or consumption of alcoholic liquor;" Section 7. 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. 2 Section 8. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. 4 1/ ° L— David J. Ka. aill, ayor Presented: March 21, 2018 Passed: March 21, 2018 Vote: Yeas: 8 Nays: 0 Abstain: 1 Recorded: March 21, 2018 Published: March 23, 2018 Att"s • i@SFLU_IPhe i a -ec.a. .. ... 4'. , 1 ii. `4,.! Kimberly Dewis, C Clerk =_$` ,ilk ,5,$, , . 3