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HomeMy WebLinkAbout1980 LiquorControl Commission e: April 21, 1980 MEMORANDUM TO: Leo I. Nelson, City Manager FROM: James W. Binninger, Assistant Corporation Counsel SUBJECT: The Presence of Individuals Under the Age of 21 in Class A Licensed Liquor Establishments Section 6.06.150(0) prohibits persons under the age of 21 to remain on the premises of a Class A licensee unless that person is accompanied by his or her parent or legal guardian. A young man, who was over 21, went into a Class A establishment with his wife who was only 19 and was told that his wife could not enter as she was under 21 and not with her parent or guardian. This was a proper interpretation of this section. The City Council may want to consider adding spouse to those persons who a person under 21 can accompany in a Class A establishment. James inger JWB/nlj r Elgin Liquor Commission Meeting April 23 , 1980 The Elgin Liquor Commission Meeting was called to order by Chairman Verbic on April 23 , 1980, at 6: 15 P .M. Present Commissions Gilliam and Kirkland, Secretary Marie Yearman , and Counsel Binninger . Amendment to Liquor Ordinance . Mr . Binninger pointed out to the Commission that there had been some problems with spouses who are not 21 years of age being allowed in Class A establishments . Mr . Binninger recommended an amendment which would allow an under age individual to accompany their spouse in these establishments . The Commission approved this amendment and directed that a ordinance be prepared . Transfer of liquor license for John ' s Tap from 25 N . Grove to 158 North Street . The Commission approved the transfer of this license to 158 North Street . Adjournment There being no further business to come before theElgin Liquor Commission, the meeting was adjourned at 6:45 P.M. a � Marie Yearman, Secretary r °'91/ii,rte UU / 150 DEXTER COURT ELGIN, ILLINOIS 60120 ✓� / PHONE 312 - 695-6500 MAYOR May 6, 1980 Marie Yearman, City Clerk City of Elgin 150 Dexter Court Elgin, Illinois 60120 Dear Mrs . Yearman: flib► By virtue of the authority vested in me as Mayor and President of the Local Liquor Control Commission, I hereby call a special meeting of the Local Liquor Con- trol Commission of the City of Elgin, Illinois , to be held on May 8 , 1980 at 4 : 00 P .M. in the Council Con- ference Room of the City of Elgin, 150 Dexter Court , Elgin, Illinois . The purpose of the special meeting is to consider the applications for liquor license renewal . Please cause notice of the special meeting to be given to all members of the Local Liquor Control Commission and to any local newspaper of general circulation or any local radio or television station that has filed an annual request for such notice. (),26,41-1 Richard L. Verbic , Mayor and President of the Local Liquor Control Commission r NOTICE OF SPECIAL MEETING Please take notice that a special meeting of the Local Liquor Control Commission of the City of Elgin, Illinois , will be held on May 8 , 1980 at 4 : 00 P .M. in the Council Conference Room of the City of Elgin, 150 Dexter Court, Elgin, Illinois . At said time and place the Local Liquor Control Commission will consider the applications for liquor license renewal . rbk Marie Yearm , City Cler rik Elgin Liquor Commission Meeting May 8, 1980 The Elgin Liquor Commission Meeting was called to order by Chairman Verbic on May 8, 1980, at 4: 00 P .M. Present: Commissioners Gilliam and Kirkland, Secretary Marie Yearman, Counsel Jentsch and Binninger. Counsel Jentsch stated the purpose of this meeting was to review and approve the liquor license renewals . Mr . Herbert Gross of 833 Prospect stated he was present at the meeting as a resident and also as a member of the Northeast Neighbors Group . Mr . Gross requested that the license renewal for Cassidys be postponed until a public hearing could be held regarding violations of the liquor ordinance by this establishment . Counsel Jentsch stated that in order to call for a public hearing it would be necessary for a complaint , signed by at lease five individuals , to be filed setting forth the ordinance violations . Council Jentsch further stated that it would serve no purpose to delay Cassidys ' renewal at this time but this decision was up to the Commission . Chairman Verbic and Commissioner Gilliam stated the license should be renewed at this time, and the matter of the alleged ordinance violations would be taken up after proper procedure, as outlined by Counsel Jentsch, was done. Marie Yearman reported that all license renewal applications had been received and met with the requirements with the exception of applications for Leitners , Appolo Restaurant and Gerardo' s Pizza . The Commission directed these three establishments be advised they could not serve alcohol after 3 : 00 P.M. tomorrow. The Commission reviewed and approved the 1980-81 liquor applications . Paul ' s Tap Counsel Jentsch stated that he was pretty sure the city was going to lose their case in the trial court, because Judge Krause felt Mr . Ryan had completed his rehabilitation and paid the penalty . Counsel Jentsch said he was confident the case could be won in the Appellate Court. Chairman Verbic stated the city should continue with the court issues and pressure should be put on Mr . Ryan to seek another site for his business . Adjournment There being no further business to come before the Elgin Liquor Commission, the meeting was adjourned at 5 : 15 P.M. 1 )■,q J. LQ-d 14arie Yearm , Secretary y� OF fzC _ 77 r A `r Haan rtty Vee 41 ' (7.40, 150 DEXTER COURT ELGIN, ILLINOIS 60120 r)- / / ,. PHONE 312 - 695-6500 MAYOR NOTICE OF SPECIAL MEETING Notice is hereby given that the Liquor Control Commis- sion of the City of Elgin will meet on May 28 , 1980 at 6 : 15 P.M. in the Office of the Mayor in the Elgin Municipal Building, 150 Dexter Court, Elgin, Illinois , for the purpose of conducting an executive session to consider pending litigation. The meeting will be closed to the public . r ) 1,celka (-21- 7/ L' Richard L. Verbic , Mayor and Chairman, Liquor Control Commission r Elgin Liquor Commission Meeting May 28, 1980 Board President Verbic called the meeting to order at 6 : 15 P.M. Present : Commissioners Gilliam, Kirkland , Board President Verbic . Corporation Counsel Jentsch and City Clerk Marie Yearman . Paul ' s Tap Board President Verbic stated he had received numerous letter and telephone calls objecting to the possibility of moving Paul ' s Tap to the former Latin Social Club site on the corner of State and Chicago Street . President Verbic felt there would be a parking problem and we might be opening up a hornets nest at this site . Commissioner Gilliam stated that wherever Paul ' s may go you will be running into objections . Commissioner Kirkland stated he could not see this being moved to the Latin Social Club site because there were already four taverns in that area and the close proximity of the senior citizen building . Counsel Jentsch stated the Commission would have to make up its mind on whether or not to pursue the revocation of the license. Mayor Verbic stated that if we pursue the court case we may make him do something about relocating . Commissioner Gilliam stated he would have the same problems whereever he goes . Commissioner Kirkland stated he felt he would be less of a problem somewhere else. Counsel Jentsch stated that the court case was continued today to the early part of July and it will look silly if we don ' t do something . Commissioner Kirkland stated we should continue as if there is no other site available because the suit can always be stopped if he comes up with another location . Mayor Verbic agreed with Commissioner Kirkland . Counsel Jentsch stated he would pursue the matter if Ryan does not have anything concrete by the next hearing date. Adjournment There being no further business to come before theElgin Liquor Commission, the meeting was adjourned at 6 : 30 P.M. City Clerk OF E( Aie" (24e7 150 DEXTER COURT ELGIN, ILLINOIS 60120 . / / PHONE 3 1 2 - 695-6500 MAYOR June 17 , 1980 Marie Yearman, City Clerk City of Elgin 150 Dexter Court Elgin, IL 60120 Dear Mrs . Yearman: By virtue of the authority vested in me as Mayor and President of the Local Liquor Control Commission, I hereby call a special meeting of the Local Liquor Con- trol Commission of the City of Elgin, Illinois , to be held on June 25 , 1980 at 6 : 15 P.M. in the Council Con- ference Room of the City of Elgin, 150 Dexter Court, Elgin, Illinois . Please cause notice of the special meeting to be given to all members of the Local Liquor Control Commission and to any local newspaper of general circulation or any local radio or television station that has filed an annual request for such notice . 12(---414-1) -k4,4 Richard L . Verbic , Mayor and President of the Local Liquor Control Commission e NOTICE OF SPECIAL MEETING Please take notice that a special meeting of the Local Liquor Control Commission of the City of Elgin, Illinois , will be held on June 25 , 1980 at 6 : 15 p .m. in the Council Conference Room of the City of Elgin, 150 Dexter Court , Elgin, Illinois . At said time and place the Local Liquor Control Commission will set a meeting date for consideration of complaints regarding Cassiddy' s . Marie Yearman, City Clerk ,c,1 OF ELC l—{ .rte- 7r ,V/ e C-94e, 150 DEXTER COURT ELGIN, ILLINOIS 60120 / . i OlIPIC�'XG / / PHONE MAYOR 312 - 695-6500 July 7 , 1980 Marie Yearman, City Clerk City of Elgin 150 Dexter Court Elgin, IL 60120 Dear Mrs . Yearman: By virtue of the authority vested in me as Mayor and President of the Local Liquor Control Commission, I hereby call a special meeting of the Local Liquor Con- trol Commission of the City of Elgin, Illinois , to be held on July 9 , 1980 at 6 : 15 P.M. in the Council Con- ference Room of the City of Elgin, 150 Dexter Court, Elgin, Illinois . Please cause notice of the special meeting to be given to all members of the Local Liquor Control Commission and to any local newspaper of general circulation or any local radio or television station that has filed an annual request for such notice . Richard L. Verbic, Mayor and President of the Local Liquor Control Commission r NOTICE OF SPECIAL MEETING Please take notice that a special meeting of the Local Liquor Control Commission of the City of Elgin, Illinois , will be held on July 9 , 1980 at 6 : 15 p .m. in the Council Conference Room of the City of Elgin, 150 Dexter Court , Elgin, Illinois . At said time and place the Local Liquor Control Commission will set a meeting date for consideration of complaints regarding Cassiddy' s . er- Marie Yearman,,City Clerk Elgin Liquor Commission Hearing July 9, 1980 The meeting was called to order to 6 : 25 by Board President Verbic. Present : Commissioner Gilliam, Kirkland, Board President Verbic, Corporation Counsel Binninger and City Clerk Marie Yearman . Subject of Meeting : Cassidy ' s - The Commission reviewed a petition submitted by the residents in the area of Cassidy ' s , which requested the license issued to Cassidy ' s be revoked . Board President Verbic stated that the allegations contained in said petition , did not specify dates nor times and there was too much generality . A citizen stated that the Police Department has all the documentation and they were asking for a public hearing so the residents could air their problems . Counsel Binninger stated the police records are confidential information and can only be used in court and any petition submitted to the city should contain the specific rules violated, when they were violated, where they were violated and how they were violated . The violations can include city ordinances , state laws , zoning or the city liquor rules . A citizen stated that just prior to the meeting such a list had been presented to the commission . Mr. Binninger stated he would review this list and advise the petitioners what other information they would need . Commissioner Gilliam made a motion, seconded by Commissioner Kirkland to set a meeting of the Elgin Liquor Commission for July 23 , 1980, at 5 : 30 P.M. , to determine if the commission has sufficient information to hold a formal hearing on the various complaints . Yeas : Commissioner Gilliam and Kirkland, Board Preseident Verbic. Nays : None. Adjournment Commissioner Gilliam made a motion, seconded by Commissioner Kirkland , to adjourn the meeting . Yeas : Commissioner Gilliam, Kirkland and Board President Verbic. Nays : None . The meeting was adjourned at 6 :40 P.M. Marie Yearman , City Clerk Elgin Liquor Commission Hearing July 23 , 1980 The meeting was called to order at 5 : 30 P .M. , by Board President Verbic. Present : Commissioner Gilliam, Kirkland, Verbic, Corporation Counsel Binninger and City Clerk Marie Yearman. Cassidy ' s Mr . Jack Cook, representing the neighbors in the Cassidy area submitted a petition to the Commission calling for a hearing to revoke the liquor license held by Cassidys . Counsel Binninger stated that he did not have any opportunity before the meeting to see this petition and the Commission could refer the petition to him for a legal opinion, or if the Commission felt after reading the petition that there was sufficient evidence, they could set the matter for a formal hearing, or if they felt the evidence was not sufficient they could dismiss the matter . Mr . Binninger pointed out that Item 2 of the petition stated the licensee has served alcoholic beverages to persons for consumption on the public streets . This allegation was based on beer cans and bottles discarded in the neighborhood. Mr. Binninger stated in order to substantiate this charge a person or persons would have to be apprehended consuming alcohol on the streets . Proof that they purchased the alcoholic beverage from Cassidys would also need to be furnished . Item 3 of said petition set forther that the licensee has failed to provide adequate parking for its customers . Mr . Binninger stated that the Community Development Department has determined this parking lot has a legal non-conforming use, and that Cassidys would have until the end of this year to conform the parking area . Mr . Price asked how one can prove these charges because when you call the police they come out and state they should not be called on such matters . Mr . Cook stated the premises are zoned B- 1 which calls for a sit down restaurant only . Commissioner Gilliam asked that Rob Roll be present at the next meeting to respond to Mr . Cook. Mr . Prince stated that Cassidys claim they have hired a security guard to divert parking to the rented space on the Simpson lot , but he is not there all the time and the customers are not parking in the lot . Elgin Liquor Commission Hearing July 23 , 1980 Page 2 Herbert Gross stated that he did not feel it should always be up to the neighbors to furnish the proof and the Commission should do some of the investigating . Mayor Verbic and Commissioner Kirkland felt that Counsel Binninger should have the time to examine the petition further and render a legal opinion to the Commission . Commissioner Kirkland stated he would put this in the form of a motion . Commissioner Gilliam stated that he was ready to render a decision tonight based on what he has seen thus far, but that he would second Commissioner Kirkland ' s motion. Yeas : Commissioners Gilliam, Kirkland and Board President Verbic. Board President Verbic stated this matter would come up for further discussion on August 13th, at 5 : 30 P.M. Osco Drugs Mr . Binninger stated that Osco was again asking for licenses for their Summit and Larkin stores . The City Clerk advised the Commission there were 2 Class B Package Goods licenses available and although this had been advertised and letters sent to all the applicants on the waiting list for A and B licenses , there has been no interest shown in these licenses for almost two years . Recently Foremost in Chicago has shown some interest in obtaining a license . Mr. Binninger stated that Counsel Jentsch had advised him that if Osco would provide separate ingress and egress to the portion of the store selling liquor , they could meet the present ordinance . It would also be necessary for Osco to apply for such licenses through one of their subsidaries . Commissioner Gilliam felt that this was just a play upon words and he was still not in favor of letting Osco have a license , because of what it would mean to the small businessman . Dave Luscher of Town Liquors and Henry Gould of Great Drive In both objected to Osco obtaining a license, stating that it would put the small businessman out of business . The City Clerk stated that in the past Osco had indicated that they would be satisfied with one license being issued and they would be willing to move the downtown store license to one of the outlying stores . r Elgin Liquor Commission Hearing July 23 , 1980 Page 3 Commissioner Gilliam stated they should be advised only one license is being considered and what is necessary for them to do in order to qualify for that license and the transfer of the one they presently have . The Commission directed the legal counsel to communicate further with Osco and if a reply was received on or before August 13th , the Commission would again review the matter . There being no further business to come before the Elgin Liquor Commission, Commissioner Gilliam made a motion to adjourn , seconded by Commissioner Kirkland . Yeas : Commissioner Gilliam, Kirkland and Board President Verbic. Nays : None . The meeting was adjourned at 6 : 15 P.M. Marie Yearma , City C erk r r Elgin Liquor Commission Meeting August 13 , 1980 The meeting was called to order at 6: 15 P.M. , by Board President Verbic. Present : Commissioner, Gilliam, Kirkland , Board President Verbic , Corporation Counsel Binninger and City Clerk Marie Yearman. Cassidy ' s Board President Verbic asked if the corporation counsel had completed a legal opinion regarding the petition filed by the neighbors in the vicinity of Cassidys . Counsel Binninger stated he had examined the petition and it was the opinion of the legal staff that the petition did not give sufficient evidence for the revocation or suspension of Cassidy ' s license . (a copy of the legal opinion is attached hereto and made a part hereof) Commission Gilliam stated that he could sympathize with the neighbors and he wondered if the staff could look into a no parking restriction within a certain radius of the tavern on the weekends because this seemed to be the biggest problem. Mr. Binninger stated that a letter suggesting this had previously been sent out to the neighbors and they had indicated they did not want this . A citizen stated that this was done before the neighbors had organized into a group. Commissioners Gilliam and Kirkland asked that the matter of the parking restriction be referred to the Traffic Committee . Commissioner Gilliam made a motion, seconded by Commissioner Kirkland to proceed no further with any hearing on Cassidy ' s due to lack of evidence of any ordinance violation. The matter of restricted parking should be brought back to the Commission in 30 days , after letters have been sent out to the residents . Osco Drugs Mr. Binninger stated he had received a response from Osco and they indicated they would have no problem providing an outside door to the portion of the store selling alcoholic beverages . Mr . Binninger further stated that Counsel Jentsch did not see any problem and recommended the commission instruct the staff to mail liquor applications , one for an additional license and the other to transfer their present license . Liquor Commission Meeting August 13 , 1980 Page 2 Commissioner Gilliam stated this operation would still be a part of the drug store and grocery store because you would still be able to walk into the three operations . We are bending our ordinance and its just a sham. Mr. Binninger stated that Counsel Jentsch felt they have complied with the ordinance . Henry Gould, owner of Great Drive Inn stated that this ordinance was drafted in 1976 because of the problems the police were having and to protect the small businessmen. Mayor Verbic stated the police feel Osco has had good control over these sales . Commissioner Kirkland stated the city is not in the business of protecting the small businessmen and he did not feel there was anything wrong in giving Osco the license if they had a separate room and cash out for liquor purchase . Commissioner Kirkland made a motion to send the applications out the Osco. Commissioner Gilliam stated he would second the motion but he did not agree with the concept . Yeas : Commissioner Kirkland and Board President Verbic . Nays : Commissioner Gilliam. Neighborhood Package Liquor Store The Commission reviewed the application Jimmy Waller, who is purchasing this liquor store from Wallace and Donna Williams . The Commission approved said application. James Griffin application for additional B Liquor License The Commission reviewed this application and noted a site for such store was not indicated on the application . The Clerk advised the Commission that Mr . Griffin did not want to reveal this site location at this time. The Commission instructed to Clerk to advise Mr. Griffin that this information would have to be furnished before any approval could be given . Adjournment There being no further business to come before the Elgin Liquor Commission, Commissioner Gilliam made a motion, seconded by Commissioner Kirkland to adjourn the meeting . Yeas : Commissioner Gilliam and Kirkland and Board President Verbic. Nays : None. The meeting was adjourned at 6 : 25 P.M. Marie Yearman , City Clerk } August 13, 1980 C 1434DRANID[ M TO: Liquor Control Commission Erwin W. Jentsch, Corporation Counsel FROM: James W. Binninger, Assistant Corporation Counsel SUBJECT: Resident's Complaint -- Cassidy's As I previously advised you, Chapter 43, Section 151 of the Illinois Revised Statutes, 1979, establishes that the Commission must review the complaint to see if it substantially charges a violation and that from the facts alleged there is reasonable cause for such belief. The complaint must state the particular provision, rule or regulation believed to have been violated and the facts in detail upon which that belief is based. If it is decided that the complaint is sufficient a hearing date must be set. A violation of the ordinance cited in item number one requires that the licensee to permit conduct which tends to disturb the peace or quiet of the neighborhood. In permitting such conduct it must be shown that the licensee allowed, consented, acquiesced or in some way agreed to the doing of an act. Although the Commission is at this time determining whether or not to set a hearing, it must be remembered that the licensee cannot be charged with conduct over which he has no control, and it is immaterial whether such conduct did occur unless it is shown that the licensee had knowledge of the conduct at the time of the occurrence and by its inaction permitted it. Dugan's Bistro, Inc. -v- Dailey, 14 Ill.Dec. 63, 371 N.E. 2d 116 (1977). C A . 7, August 13, 1980 Page 2 r In an action to revoke a license the Appellate Court in Childers -v- Illinois Liquor Control Commission, 67 Ill.App.2d 107, 213 N.E.2d 595 (1966) stated at page 598: . we find that several incidents had taken place in the general vicinity of Appellant's place of business, incidents which had resulted in adverse newspaper publicity. However none of the incidents related to any wrong doing on the part of Appellant or in the conduct of his business. The good intentions of city authorities to deal with city problems should not and cannot be considered a substitute for evidence of Appellant's misconduct or wrong doing. It is fundamental that the authority to revoke a license for cause is limited to conduct or actions of the licensee or conduct or actions of others for which he is deemed responsible or chargeable. Conversely a licensee cannot be charged with conduct over which he has no control." The discarding and subsequent finding of beer cans and bottles alleged in item number two are not sufficient facts to show that the licensee per- mitted unlawful consumption of alcoholic beverages on public streets. As to items three and five, see the attached memo from the Department of Community Development. Item number four states neither a time nor date when such violation was to have occurred, and is therefore insufficient. Therefore, items two, three, four and five do not substantially charge a violation nor is there reasonable cause for such belief. As to item one, the Commission must determine if it is sufficent for the setting of a hearing. rik psm y, t August 11, 1980 MEMORANDUM TO: James W. Binninger, Assistant Corporation Counsel FROM: Jerold T. Deering, Planner SUBJECT: 750 Dundee Avenue Pursuant to your request of July 24, 1980, the following is a summary of the zoning status for the above referenced property: 1. Use The subject property has been zoned for commercial uses since a zoning ordinance was first developed for Elgin in 1927. The property was used as a grocery store from 1924 to 1964, and subsequently as a restaurant. The subject property has been zoned B-1 Community Business District since 1962. Restaurants are a permitted use in the B-1 district (E.M.C. 19.28.020 (60) ) . 2. Off-street Parking A parking lot ordinance was first developed for Elgin in 1962. When a restaurant was established at the subject pro- perty in 1964, the parking lot ordinance required eight (8) paved off-street parking spaces. This requirement was met. At sometime subsequent to April of 1973, a gravel parking area was unlawfully established on the property west of and adjacent to the subject property. In June of 1973, the parking lot ordinance was amended to include re- quirements for setbacks, curbing, landscaping, and an increased num- ber of required parking spaces for restaurants. The number of re- quired parking spaces for restaurants was increased from one (1) space for each three hundred (300) square feet of gross floor area to one (1) space for each sixty (60) square feet of gross floor area (from eight (8) parking spaces to approximately forty (40) parking spaces for the subject property. ) In 1976, the parking lot ordinance was again amended to include an applicability section (see Exhibit A). This amendment rendered both the gravel parking area and the paved parking area as lawful noncon- forming with a conformance deadline for the gravel parking area of November 1, 1980. In conclusion, the subject property is lawful conforming with respect to use and is lawful nonconforming with respect to off-street parking. cc: Leo Nelson, City Manager . r 9.44.130 Applicability. A. For new construction of an undeveloped site, or complete redevelopment of a site, the city shall require complete compliance with this chapter. L For the structural expansion of an existing use where the expansion exceeds twenty-five percent of the gross floor area, the city shall require the submission and approval of a site plan that shall include provisions for surfacing,drainage,landscaping,and striping. C. If a required expansion of a parking facility due to a lunge in use or •occupancy occurs,or if the occupant desires additional spaces on the existing or adjoining property provided the zoning is correct,the city shall require the following: 1. For an expansion of less than fifty percent of the existing number of spaces, the expansion shall be constructed in a manner to comply with the provisions of this chapter,provided the space is available, as required by the department of community development.This shall include provisions for surfacing,drainage, landscaping.and striping improvements. 2. For an expansion of more than fifty percent of the existing number of spaces, both the existing facility and the expansion shall be constructed in a manner to comply with the provisions of this chapter.This shall require the submission and approval of a site plan that shall include provisions for surfacing, drainage, curbing, landscaping,anefeUlping,provided the space is available. D. For existing substandard parking areas that have not met city standards in effect after March 8, 1962, if the property has been • vacant for one hundred eighty days,or if there is a change in use or structural alteration to the building,full ordinance compliance will be sequired such that the minimum number of required parking spaces shall be constructed, providing the space is available.The remaining area not used for providing the minimum number of required Doff-street parking space shall be reserved for curbing,landscaping,and screening.as otherwise required by this chapter. In addition, all existing substandard parking areas that have not met city standards at any time after March 8, 1962, or have not subsequently been changed in use or structurally altered, shall be made to comply with this chapter by November 1, 1980, as far as • practicable. (Ord. G21-761 I(part),1976:prior codes 21.110(BXZXf).) r EXHIBIT A OF EG, k>> 150 DEXTER COURT i�� ELGIN, ILLINOIS 60120 '_.j!//./e/M<i� �U/.� PHONE MAYOR 3 1 2 - 695-6500 August 26 , 1980 Marie Yearman , City Clerk City of Elgin 150 Dexter Court Elgin, Illinois 60120 Dear Mrs . Yearman : By virtue of the authority vested in me as Mayor and President of the Local Liquor Control Commission, I hereby call a special meeting of the Local Liquor Control Commission of the City of Elgin, Illinois , to be held on August 27 , 1980 at 6 : 15 P.M. , in the Council Conference Room of the City of Elgin , 150 Dexter Court, Elgin, Illinois . The purpose of the special meeting is to consider the request of Jack Conner to change the location of Conner ' s Tavern . Please cause notice of the special meeting to be given to all members of the Local Liquor Control Commission and to any local newspaper of general circulation or any local radio or television station that has filed an annual request for such notice. z2„._ /;44, '-(/' ?/et Richard L . Verbic, Mayor and President of the Local Liquor Control Commission r NOTICE OF SPECIAL MEETING Please take notice that a special meeting of the Local Liquor Control Commission of the City of Elgin , Illinois , will be held on August 27 , 1980 at 6 : 15 P.M. in the Council Conference Room of the City of Elgin, 150 Dexter Court , Elgin, Illinois . At said time and place the Local Liquor Control Commission will consider the request of Jack Conner to relocate Conner ' s Tavern . Marie Yearman , City Clerk 0 OF E�Ci 1Hk 150 DEXTER COURT ELGIN, ILLINOIS 60120 PHONE MAYOR 312 - 695-6500 September 8, 1980 Marie Yearman, City Clerk City of Elgin 150 Dexter Court Elgin, Illinois 60120 Dear Mrs . Yearman: By virute of the authority vested in me as Mayor and President of the Local Liquor Control Commission, I hereby call a special meeting of the Local Liquor Control Commission of the City of Elgin, Illinois , to be held on September 10, 1980, at 6: 30 P.M. , in the Council Conference Room of the City of Elgin, 150 Dexter Court, Elgin, Illinois . Please cause notice of the special meeting to be given to all members of the Local Liquor Control Commission and to any local newspaper of general circulation or any local radio or television station that has filed an annual request for such notice . o Richard L. Verbic, Mayor and President of the Local Liquor Commission . r e CITY OF ELGIN, ILLINOIS ELGIN LIQUOR COMMISSION AGENDA Special Meeting 6: 30 P.M. September 10, 1980 (A) Call to Order (B) Roll Call (C ) Other Business ( 1 ) Consideration of request from Jack Connor to move his liquor license from 22 North Grove Avenue to 156 East Chicago Street . ( 2) Consideration of request from Dick Booras ( Bowlway Lanes , Inc. ) to extend their hours on Thursday nights to permit a bowling league to commence at 12: 30 A .M. , finishing at approximately 3 : 30 A.M. (3) Consideration of formal hearing on alleged sale of alcohol to minors at Boulevard Tap, 297 South McLean, Neighborhood fol.. Liquors , 805 Walnut and New Grove Liquors , 211 South Grove. (D) Adjournment .CjD ,4\ H��ih tt�' (7_4ele 150 DEXTER COURT ELGIN, ILLINOIS 60120 PHONE 312 - 695-6500 MAYOR September 25 , 1980 Marie Yearman , City Clerk City of Elgin 150 Dexter Court Elgin , Ill . 60120 Dear Mrs . Yearman : By virtue of the authority vested in me as Mayor and President of the Local Liquor Control Commission, hereby call a special meeting of the Local Liquor Control Commission of the City of Elgin, Illinois , to be held on September 26 , 19 80 , at 1 : 15 P.M. , in the City Council Chambers , 150 Dexter Court , Elgin , Illinois . Please cause notice of the special meeting to be given to all members of the Local Liquor Control Commission and to any local newspaper of general circulation or any local radio or television station that has filed an annual request for such notice . ichard L. Verbic, Mayor and President of the Local Liquor Commission . r CITY OF ELGIN, ILLINOIS ELGIN LIQUOR COMMISSION AGENDA Special Meeting September 26 , 1980 1 : 15 P.M. (A) Call to Order (B ) Roll Call (C) Other Business ( 1 ) In the matter of the Retail Alcoholic Liquor Dealers License of Neighborhood Liquors . (2) In the matter of the Retail Alcoholic Liquor Dealers License of Wiese ' s Boulevard Tap. ( D) Adjournment r �� OF tic k!„,„tt,,(24eie (xe 150 DEXTER COURT ELGIN, ILLINOIS 60120 PHONE 312 - 695-6500 MAYOR September 8, 1980 Marie Yearman, City Clerk City of Elgin 150 Dexter Court Elgin, Illinois 60120 Dear Mrs . Yearman: By virute of the authority vested in me as Mayor and President of the Local Liquor Control Commission, I hereby call a special meeting of the Local Liquor Control Commission of the City of Elgin, Illinois , to be held on September 10, 1980, at 6: 30 P.M. , in the Council Conference Room of the City of Elgin, 150 Dexter Court, Elgin, Illinois. Please cause notice of the special meeting to be given to all members of the Local Liquor Control Commission and to any local newspaper of general circulation or any local radio or television station that has filed an annual request for such notice . Richard L. Verbic, Mayor and President of the Local Liquor Commission . r CITY OF ELGIN, ILLINOIS ELGIN LIQUOR COMMISSION AGENDA Special Meeting 6: 30 P.M. September 10, 1980 (A) Call to Order (B) Roll Call (C) Other Business ( 1 ) Consideration of request from Jack Connor to move his liquor license from 22 North Grove Avenue to 156 East Chicago Street. ( 2) Consideration of request from Dick Booras (Bowlway Lanes, Inc. ) to extend their hours on Thursday nights to permit a bowling league to commence at 12: 30 A.M. , finishing at approximately 3 : 30 A.M. (3) Consideration of formal hearing on alleged sale of alcohol to minors at Boulevard Tap, 297 South McLean, Neighborhood Liquors, 805 Walnut and New Grove Liquors, 211 South Grove. (D) Adjournment r Elgin Liquor Commission September 10, 1980 Page 2 Adjournment There being no further business to come before the Elgin Liquor Commission, Commissioner Gilliam made a motion, seconded by Commissioner Kirkland to adjourn the meeting . Yeas : Commissioner Gilliam, Kirkland, and Board President Verbic. Nays : None. The meeting was adjourned at 6 :40 P.M. ■ Marie Yearman,`City C er r r Elgin Liquor Commission Special Meeting September 10, 1980 The meeting was called to order at 6: 30 P.M. , in the Council Conference Room of City Hall by Board President Verbic. Present: Commissioner Gilliam, Kirkland, Board President Verbic, Assistant Corporation Counsel Binninger and City Clerk Yearman . Consideration of request from Jack Connor to move his liquor license from 22 North Grove Avenue to 156 East Chicago Street . Commissioner Kirkland stated that he had talked with Gus Pana the tailor at 28 North Grove today and he was informed that Mr . Pana was purchasing the building at 156 East Chicago Street . Stan Douglas stated he has seen the contract for this sale signed this afternoon. Warren Carbary, representing Jack Connor, stated that neither he nor his client had any knowledge of this property being sold, but that his client had also investigated the possibility of purchasing another building East Chicago Street . Board President Verbic suggested that Mr . Connor file a formal application at a designated site which the Commission would review at their next meeting. Mr . Carbary indicated he would have this ready for the next meeting . Consideration of request from Dick Booras (Bowlway Lanes , Inc . ) to extend their hours on Thursday nights to permit a bowling league to commence at 12: 30 A.M. , finishing at approximately 3 : 30 A .M. Mr . Binninger stated that if the Commission gave permission to this establishment to extend their hours , they would have to consider all other establishments with this classification. Board President Verbic stated this would necessitate amending the ordinance and it would open it up to all the other bowling lanes . Also people would go there to drink after the other taverns closed . Commission Gilliam made a motion to deny this request and Commissioner Kirkland seconded said motion. Yeas : Commissioner Gilliam, Kirkland and Board President Verbic. Nays : None. Consideration of formal hearing on alleged sale of alcohol to minors at Boulevard Tap, 297 S . McLean, Neighborhood Liquors, 805 Walnut and New Grove Liquors , 211 South Grove . Commissioner Gilliam made a motion, seconded by Commissioner Kirkland to set formal hearings on all three establishments for Wednesday, September 24, 1980, at 5 : 30 P.M. Yeas: Commissioner Gilliam, Kirkland, and Board President Verbic. S. Elgin Liquor Commission Special Meeting September 26, 1980 The meeting was called to order at 1 : 15 P.M. , in the Council Conference Room of City Hall by Board President Verbic. Present : Commissioner Barnes , Waters , Board President Verbic, Assistant Corporation Counsel Binninger and City Clerk Yearman . In the matter of the Retail Alcoholic Liquor License of Neighborhood Liquors . Mr. Binninger stated that the Commission had heard the evidence in this matter during a formal hearing on September 24, 1980, and the purpose of todays meeting was to render a decision as to what further action should be taken. Commissioner Barnes felt that although the youth who had purchased beer at this establishment could have been mistaken for being of age, this was a serious offense . However, since the owners had only been in business a few days and there were no previous complaints an order of reprimand should be issued. Commissioner Barnes further stated that this action should be a signal that the ordinance is to be enforced more ridgely than in the past . Commissioner Waters felt this should be followed up with a letter to all liquor license holders . Mr. Binninger stated he was in the process of preparing such a letter and that same would be forwarded to all the liquor license holders . Commissioner Barnes made a motion, seconded by Commissioner Waters to issue an Order of Reprimand to Neighborhood Liquors . Yeas : Commissioner Barnes, Waters and Board President Verbic. Nays : None . In the matter of the Retail Alcoholic Liquor Dealers License of Wiese ' s Boulevard Tap, Inc . Commissioner Barnes stated he felt the same way about this establishment, although they were not new owners , there have been no complaints in the past and none since this incident . Commissioner Waters stated there was a distinct difference between this case and the last case because of a previous eft incident which happened 10 or 15 years ago. Also the young man involved has purchased beer prior to this incident at this establishment . Liquor Commission Meeting September 26, 1980 Page 2 Commissioner Barnes made a motion, seconded by Commissioner Waters to issue an Order of Reprimand to Wieses ' s Boulevard Tap. Yeas : Commissioner Barnes , Waters and Board President Verbic. Nays : None. Adjournment There being no further business to come before the Elgin Liquor Commission, Commissioner Waters made a motion to adjourn, seconded by Commissioner Barnes . Yeas : Commissioner Barnes, Waters and Board President Verbic. Nays : None. The meeting was adjourned at 1 : 25 P.M. Marie Yearman, City Clerk r TELEPHONE 312/695-6500 .c4 OF E0 oak t - g' P'>a � 150 DEXTER COURT ELGIN, ILLINOIS 60120 470fLt f lcb October 1, 1980 Dear Licensee: As a holder of a Class AA or Class B liquor license, the newly appointed Liquor Control Commission has directed me to advise you that this Commission will be more active in the enforcement of all laws and ordinances that effect your operation. It has come to their attention that some licensees have not been properly checking identification and then selling alcoholic beverages e to individuals who are not 21 years of age. Such sale is in violation of Chapter 43, Section 131 of the Illinois Revised Statutes and Section 6.06.150(L) of the Elgin Municipal Code. This is to put you on notice and to suggest that you advise all your employees as to the rules and regulations that govern the operation of your establishment. If you do not have a copy of the local rules and regulations, I would suggest that you contact the City Clerk to obtain a copy. Very truly yours, km„ James W. Binninger Assistant Corporation Counsel JWB/nlj cc: Richard L. Verbic, Chairman Liquor Control Commission Harry Barnes, Commissioner Donald E. Waters, Commissioner 1 Elgin Liquor Commission Meeting October 10, 1980 The meeting was called to order at 5 : 10 P.M. , in the Council Chambers of City Hall by Board President Verbic. Present: Commissioner Barnes , Waters , Board President Verbic, Assistant Corporation Counsel Binninger and City Clerk Yearman . Request from Jack Connor to transfer his liquor license from 22North Grove Avenue to 158 East Chicago Street. Attorney Warren Carbary stated that he was representing the petitioner, Jack Connor , who was requesting that he be allowed to move his tavern from 22 North Grove Avenue to 158 East Chicago Street . Mr . Connor has resided in Elgin since he was nine years old . His father started the Star Sandwich Shop and Mr . Connor is the owner of Morris Barbecue. Mr . Connor began his tavern business downtown some 28 or 29 years ago and today there have been no complaints or action to suspend his license . Mr . Connor does not keep his establish- ment open until the maximum time allowed by the current ordinance . If Mr. Connor is allowed to move his business he would like to serve hot and cold sandwichs . His wife would have charge of the lunch business . Mr. Connor would be occupying an empty building , which would provide a profitable business downtown. Mr . Carbary submitted to the Council a petition signed by 21 downtown businessmen who asked the Commission to approve the request submitted by Jack Conner . Stan Douglas of the Central Elgin Corporation stated he knew that several individuals had signed this petition but they had requested that Mr . Connor put in a restaurant to serve barbecue and not a tavern . Mr . Carbary stated this was not true . Mr . Douglas stated that almost $ 100, 000 had been spent to upgrade this area and that taverns no longer fit into the downtown area. Mr . Douglas requested that the Commission deny this request because of the economic impact on the downtown. Mr . Connor stated that a lot of his trade is from the Willow Lakes area and that while the men stop there for a drink their wives are shopping in the downtown stores . These same people have said that if there is no tavern location downtown they will go to Spring Hill . Elgin Liquor Commission Meeting Page 2 October 10, 1980 Mrs . Jeanette Krepshaw of the Greater Senior Citizen facility stated that she would be concerned with the atmosphere that a walk- in tavern would create -and this would also depend on the hours the establishment chose to be open. Mrs . Krepshaw further stated that she did not know enough about the location to speak for or against it . Mr . Connor stated that he would open at 9: 00 A.M. and close about 10: 00 or 10: 30 P.M. Commissioner Waters stated there was a distinction between a tavern serving food with liquor as opposed to a tavern just selling liquor and he asked Mr . Connor if there was any possibility that he would consider changing to the food with liquor. Mr . Connor stated he would be too limited because the customers would have to be of ago in order to permit them in the establishment . Edward Kelly of the Chamber of Commerce stated that a policy should be established if the Commission is going to have eating establishments which serve liquor this would be conducive eift to what we are trying to do. Commissioner Waters stated he thought what was being proposed was a possible detriment and that Mr . Connor could handle a food establishment and could consider an alternative. Mrs . Connor stated she could not understand why they were trying to remove the taverns from downtown when there are people just sitting all around drinking out of bottles or sleeping in the Mall . Mrs . Connor said she has not felt confortable walking through the Mall , and these people have not been served in her husband' s tavern. Attorney Carbary stated that the building where the present tavern is has been sold to the Elgin National Bank and Mr . Connor ' s lease expires April , 1981 . Jim Knowles stated that before the Commission votes they should walk down in the Mall and then wonder where the central business will be in 10 years . Mr . Knowles asked that the Commission reject this request . Douglas Smith of Joseph Spiess stated he shared the same concerns as Mr . Kelly, Mr . Knowles and Mr . Douglas and he felt we need more family type shopping and he also urged the Commission to reject this request . rm. Board President Verbic stated that he would have to vote against this because it would be against what I have advocated, and in Elgin Liquor Commission Meeting Page 3 October ber 10, 1980 looking back at the problems we have had with the Royal Lounge and Paul ' s Tap, we would just be opening the door to other taverns to make the same request . Commissioner Waters stated that he had no doubts that Mr . Connor has run a reputable business but that he must concur with a negative vote because this would not be conducive to what is planned for the downtown area . Commissioner Barnes stated that if we deny this we need to do something about the problems in the downtown area. This Commission has some responsibility to do that if we are going to deny this . Commission Barnes made a motion to deny the request for the re- location of this establishment . Commissioner Waters seconded said motion. Yeas : Commissioner Barnes , Waters and Board President Verbic. In the matter of the retail alcohol liquor dealer ' s license of New Grove Liquors . Mr. Binninger advised the Commission that he did not feel the Commission would have to go into a formal hearing on this matter because in his conversation with the attorney for New Grove Liquors , the attorney had indicated they were willing to accept a suspension for four days or less . Mr. Timothy R . McNamee, attorney for Nick Garris stated that he and his client concluded that this incident would warrant a suspension. Mr . McNamee pointed out that Mr . Garris had put up new signs and was putting forth a concerned effort that this incident would not be repeated . Commissioner Barnes made a motion to close New Grove Liquors on Thursday, Friday and Saturday of next week. Commissioner Waters stated he would second the motion but he thought the suspension should be for four days . Yeas : Commissioner Barnes , Waters and Mayor Verbic. Nays : None . Adjournment There being no further business to come before the Elgin Liquor Commission, the meeting was adjourned at 6 : 10 P.M. Marie Yearmal City C er Elgin Liquor Commission Meeting December 10, 1980 A Special Meeting of the Elgin Liquor Commission was called to order at 6 : 45 P.M. , by Board President Verbic. Present: Board Member Barnes , Waters , Board President Verbic, Assistant Corporation Counsel Binninger and City Clerk Marie Yearman . Request to approve change in major stockholders of the K.C .M. N. Corporation, d7b/a Cassidys , 750 Dundee Avenue . The Commission unanimously approved the aforementioned change in stockholders . Pizza Hut of America, Inc. , Consolidation of establishments at 816 East Chicago Street and 9-85 North McLean . The Commission unanimously approved the aforementioned consolidation . Request to approve change in major stockholders of the Wherehouse, Inc. , d/b/a The Kimball Street Bridge Club , e., 216 Lawrence Avenue . The Commission unanimously approved the aforementioned change in stockholders . Adjournment There being no further business to come before the Elgin Liquor Commission, the meeting was adjourned at 6 : 55 P.M. • Marie Yearm , City Clerk r .. .. IS Vee _//7,47e/e 150 DEXTER COURT ELGIN, ILLINOIS 60120 December 8, 1980 PHONE MAYOR 312 - 695-6500 Marie Yearman, City Clerk City of Elgin 150 Dexter Court Elgin , Ill . 60120 Dear Mrs . Yearman : By virtue of the authority vested in me as Mayor and President of the Local Liquor Control Commission, I hereby call a special meeting of the Local Liquor Control Commission of the City of Elgin, Illinois , to be held on December 10 , 19 80 , at 6 : 45 P.M. , in the City Council Chambers , 150 Dexter Court, Elgin, Illinois . Please cause notice of the special meeting to be given to all members of the Local Liquor Control Commission and to any local newspaper of general circulation or any local radio or television station that has filed an annual request for such notice. Ichard L. Verbic , Mayor an President of the Local Liquor Commission . r CITY OF ELGIN, ILLINOIS ELGIN LIQUOR COMMISSION AGENDA December 10, 1980 6 :45 P.M. (A) Call to Order (B ) Roll Call (C) Other Business ( 1 ) Request to approve change in major stockholders of the K.C .M. N . Corporation, d/b/a Cassidys, 750 Dundee Avenue . ( 2) Pizza Hut of American , Inc. , Consolidation of establishments at 816 East Chicago Street and 00. 985 North McLean . (3) Request to approve change in major stockholders of The Wherehouse, Inc. , d/b/a The Kimball Street Bridge Club, 216 Lawrence . ( D) Adjournment