G54-18 Ordinance No. G54-18
AN ORDINANCE
AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS
AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" REGARDING
DISTANCE REQUIREMENTS FROM CHURCHES, SCHOOLS AND
OTHER CERTAIN INSTITUTIONS
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 affairs; and
WHEREAS, the regulation of alcoholic liquor dealers pertains to the government and
affairs of the city; and
WHEREAS, Public Act 100-0663 authorizes liquor control commissions to grant
exceptions to the prohibition in 235 ILCS 5/6-11(a) which provides for certain distancing
requirements for the sale at retail of any alcoholic liquor within 100 feet of any church, school or
other specified institutions if a local rule or ordinance authorizes the local liquor control
commission to grant that exception; and
WHEREAS, the city council of the City of Elgin has determined that it is desirable to
amend the City of Elgin Liquor Code to provide for such exemption authority within the city's
liquor code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. 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
6.06.016 thereto entitled "Exception to State Statute Regarding Sales Near Churches, Schools
and Other Specified Institutions:"to read as follows:
"6.06.016: EXCEPTION TO STATE STATUTE REGARDING SALES NEAR
CHURCHES, SCHOOLS AND OTHER SPECIFIED INSTITUTIONS:
Pursuant to 235 ILCS 5/6-11 (a-5), notwithstanding any provision of 235 ILCS 5/6-11(a)
to the contrary, the Local Liquor Control Commission may grant an exception to the
prohibition in 235 ILCS 5/6-11(a)."
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance are hereby repealed to the extent of any such conflict.
Section 3. That this ordinance shall be in full force upon its passage and publication
in the manner provided by law.
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David I Kap m, Mayor
Presented: September 26, 2018
Passed: September 26, 2018
Omnibus Vote: Yeas: 8 Nays: 0
Recorded: September 26, 2018
Published: September 28, 2018
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Attest-
Kimberly Dewis, CityQexi
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