(A) A live entertainment permit may be issued by the Local Liquor Commission as a condition of a Class "B", "C" or "D" license. The Liquor Control Commission may, but is not limited to, consider the following criteria to determine whether to issue, in the exercise of its discretion, the live entertainment permit as a condition of the applicant’s Class “B,” or “C,” or “D” license:
(1) Type of live entertainment permitted including amplification;
(2) Space available on the premises for such entertainment, including occupancy limitations established by the South Elgin & Countryside Fire Protection District;
(3) Surrounding land uses;
(4) Business concept, including parking;
(5) Proximity to other liquor establishments;
(6) Public's health, safety and welfare; and
(7) Public safety resources.
(B) The maximum permissible sound pressure levels at specified points of measurements from an establishment receiving a live entertainment permit shall not exceed the level provided in the table below. Measurement is to be made at the nearest lot line of any adjacent lot within the same use district or at the nearest boundary other than the use district within which the noise source is located, or at any point along such lot lines or district boundaries where the noise level may be higher. The sound levels shall be measured with a sound meter and associated octave band filter as prescribed by the American Standards Association.
Land Use - Zoning District | 7:00 a.m. - 8:59 p.m. | 9:00 p.m. - 6:59 a.m. |
Residential Districts | 55dBA | 50dBA |
Commercial Districts | 62dBA | 55dBA |
(C) The live entertainment permit, when granted, shall expire with the license for which the permit is obtained. The permit fee shall be $0 if the establishment is not charging a cover for providing the live entertainment; if the licensee is charging a cover for live entertainment, there shall be a $500 fee.
(D) Any application for a new or renewal of a live entertainment permit shall be reviewed by the Liquor Control Commission. An applicant for a live entertainment permit shall have the opportunity to present and provide input on said application prior to the Liquor Control Commission.
(E) Notice of violation process; live entertainment permit. If during a liquor license year, January 1 through December 31, where a liquor license holder has been issued a live entertainment permit and a notice of violation is issued by the Liquor Control Commissioner, the Liquor Control Commission shall hold a hearing on the matter following the same procedures accorded in § 111.08 regarding revocation or suspension of license; hearing procedure.
(Ord. 2019-39, passed 11-4-19; Am. Ord. 2023-33, passed 6-19-23)