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HomeMy WebLinkAbout1995 Liquor Commission rft. ELGIN LIQUOR CONTROL COMMISSION MEETING Council Conference Room Regular Meeting 1 : 00 p.m. January 4, 1995 A. Call to Order B. Roll Call C. Approval of Minutes - December 7, 1994 D. License Applications 1 . Application of Elgin Community College, 1700 Spartan Drive, for a Class G Liquor License for the following dates : r"" January 31, 1995 - Visiting Chef Dinner March 21, 1995 - Visiting Chef Dinner April 24, 1995 - Gourmet Dinner 2 . Application of Barot Elgin Grocery, Inc. , d/b/a/ 7-Eleven Store, at 957 Summit Street, for Class B Liquor License 3 . Application of George' s Family Restaurant, Inc. for Class A Liquor License for establishment now known as Lefty' s Food Factory, at 1279 Dundee Avenue E. Other Business 1 . Consideration of Letter from Secretary of State Concerning Growing Trend of Teenagers Purchasing Cooking Wine 2 . Miscellaneous F. Executive Session to Discuss Litigation (Open Meetings Act Section 2{c}{11} ) eft- G. Adjournment rft. ELGIN LIQUOR CONTROL COMMISSION MEETING JANUARY 4, 1995 The meeting was called to order at 1 :00 p.m. in the Council Conference Room by Commission Chairman George VanDeVoorde . Members present: Commissioner Schock and Chairman VanDeVoorde. Absent: Commissioner Popple. Approval of Minutes - December 7, 1994 Commissioner Schock made a motion, seconded by Chairman VanDeVoorde, to approve the minutes of the December 7, 1994, meeting. Yeas : Commissioner Schock and Chairman VanDeVoorde . Nays : None. Application of Elgin Community College, 1700 Spartan Drive, for a Class G Liquor License for January 31, March 21, and April 24, 1995 Commissioner Schock made a motion, seconded by Chairman VanDeVoorde, to approve the applications for the following: Visiting Chef ' s Dinners on January 31, 1995, and March 21, 1995; and Gourmet Dinner on April 24, 1995 . Yeas : Commissioner Schock and Chairman VanDeVoorde. Nays : None. e", Application of Barot Elgin Grocery, Inc. , d/b/a 7-Eleven Store, at 957 Summit Street, for Class B Liquor License Chairman VanDeVoorde made a motion, seconded by Commissioner Schock, to approve the aforementioned application, subject to receipt of the Certificate of Insurance. Yeas : Commissioner Schock and Chairman VanDeVoorde. Nays : None. Application of George's Family Restaurant, Inc. for Class A Liquor License for Establishment Now Known as Lefty's Food Factory, at 1279 Dundee Avenue Commissioner Schock made a motion, seconded by Chairman VanDeVoorde, to approve the aforementioned application. Yeas : Commissioner Schock and Chairman VanDeVoorde. Nays : None. Application of St. Joseph Catholic Church, Santo Nombre, for Class G Liquor License for Social Dance on February 11, 1995, at 274 Division Street Commissioner Schock made a motion, seconded by Chairman VanDeVoorde, to approve the aforementioned application. Yeas: Commissioner Schock and Chairman VanDeVoorde. Nays : None. Liquor Commission Meeting January 4 , 1995 Page 2 eft. Consideration of Letter from Secretary of State Concerning Growing Trend of Teenagers Purchasing Cooking Wine In response to Chairman VanDeVoorde' s inquiry, police representative Dan McCollum indicated that the Police Department has not experienced any problem or been made aware of minors ' attempt to purchase cooking wine in Elgin. In that Commissioner Popple was not present at this meeting, Chairman VanDeVoorde requested that this matter again be placed on the February agenda. Surrender of Liquor License for Fox Hole Nightclub City Clerk Mecum advised the Commission that Carlos Villanueva surrendered the liquor license for Fox Hole Nightclub on January 3, 1995 . No action is required by the Commission. Continued Discussion of Proposed Amendment Concerning Additional Notice Requirement for New Liquor Licenses A discussion was held concerning whether the proposed amendment which would require liquor license applicants to send written notice to surrounding property owners was unduly burdensome. The proposed amendment would require applicants to obtain the names and addresses of property owners from the local assessor' s office. The Commission directed Assistant Corporation Counsel Cogley to again place this matter on the Committee of the Whole Agenda for January 11, 1995, for further discussion by the Council and to prepare a memorandum to the Council fully explaining the procedure required by the proposed amendment and possible alternatives . Adjournment Commissioner Schock made a motion, seconded by Chairman VanDeVoorde, to go into executive session for the purpose of discussing litigation (Open Meetings Act Section 2{c}{11}) , to be followed by immediate adjournment without returning to open session. Yeas : Commissioner Schock and Chairman VanDeVoorde. Nays : None. Meeting adjourned at 1 : 30 p.m. February 1, 1995 emb. Dolonna Mecum, Recording Secretary Date Approved EXECUTIVE SESSION ELGIN LIQUOR CONTROL COMMISSION JANUARY 4, 1995 The Liquor Commission went into Executive Session at 1 : 35 p.m. Present: Commissioner Schock and Chairman VanDeVoorde. Absent: Commissioner Popple. Discussion Regarding Notice of Appeal Filed by 2 South State, Inc. A discussion was held regarding the appeal which has been filed from the Elgin Liquor Commission's denial of 2 South State, Inc. 's application for a Class B liquor license for an establishment to be known as J. J. Peppers . Assistant Corporation Counsel Cogley informed the Commission that the Illinois Liquor Control Commission will hold a hearing de novo on February 8, 1995 . Commissioner VanDeVoorde requested that the objectors who addressed the Commission regarding this application be notified of the hearing. Assistant Corporation Counsel Cogley recommends that a record be eft. made when future license applications are considered, so that appeals will be based on the record. Discussion was held concerning what steps to take should the State Liquor Commission grant a liquor license to 2 South State, Inc. Adjournment Commissioner Schock made a motion, seconded by Chairman VanDeVoorde, to adjourn the meeting. Yeas : Commissioner Schock and Chairman VanDeVoorde. Nays : None. Meeting adjourned at 1:43 p.m. ,%9414-•v4L ..- Dolonna Mecum, Recording Secretary Date Approved emk ELGIN LIQUOR CONTROL COMMISSION MEETING Council Conference Room Regular Meeting 1 : 00 p.m. February 1, 1995 A. Call to Order B. Roll Call C. Approval of Minutes - January 4, 1995 D. License Application of Elgin Fox Den, Inc. for Class A Liquor License at 105 South Grove Avenue (Former Linstrom' s Restaurant) E. Other Business 1) Continued Discussion Regarding Letter from Secretary of State Concerning Teenagers Purchasing Cooking Wine 2) Discussion Regarding 180 Kimball Street Material 3) Miscellaneous F. Adjournment ELGIN LIQUOR CONTROL COMMISSION MEETING FEBRUARY 1, 1995 The meeting was called to order at 1 : 12 p.m. in the Council Conference Room by Commissioner Popple. Members present: Commissioners Popple and Schock. Chairman VanDeVoorde arrived at 1 : 17 p.m. Absent: None. Commissioner Schock made a motion, seconded by Commissioner Popple, to appoint Commissioner Popple as Chairman Pro Tem. Yeas : Commissioners Popple and Schock. Nays : None. Approval of Minutes - January 3, 1995 Commissioner Schock made a motion, seconded by Commissioner Popple, to approve the minutes of the January 3, 1995, meeting. Yeas : Commissioner Schock. Commissioner Popple responded present. Nays : None. Application of Elgin Fox Den, Inc . for a Class A Liquor License at 105 South Grove Avenue Attorney Tom Rydell, on behalf of the applicants, submitted the articles of incorporation and a copy of the lease. Commissioner Popple reported that it was recently discovered that there is a church holding Sunday services in the same building for which as the applicant is attempting to secure a liquor license. Issuance of a liquor license would not be possible under these circumstances . Senior Pastor Ross Nelson, representing the Vineyard Christian Fellowship of Elgin, stated that the church holds regular Sunday services at 10 : 00 a.m. in the banquet hall and maintains a full- time office in the building. According to the terms of his lease with building owner, Frank Halsey, the hours available to them on Sundays for the church services are from 6 : 00 a.m. until 2 : 00 p.m. Attorney Rydell said that he was not aware of a church holding services in the building and stated that his client ' s lease is also with Frank Halsey. Chairman VanDeVoorde arrived at 1 : 17 p.m. Assistant Corporation Counsel Cogley stated that the City' s ordinance prohibits issuance of a liquor license under these circumstances, but he would like to have an opportunity to review both leases in order to be thorough and fair. L Commissioner Schock made a motion, seconded by Commissioner Popple, to continue consideration of this application to the March 1, 1995, meeting. Yeas : Commissioners Schock and Popple. Chairman VanDeVoorde abstained. Nays : None. Liquor Commission Meeting February 1 , 1995 Page 2 Commissioner Popple made a motion, seconded by Commissioner Schock, to return the chairmanship to Chairman VanDeVoorde. Yeas : Commissioners Popple, Schock, and Chairman VanDeVoorde. Nays: None. Continued Discussion Regarding Letter from Secretary of State Concerning Teenagers Purchasing Cooking Wine Commissioner Popple thanked commission members for continuing last month' s discussion of this matter so that she would have an opportunity for input. She stated that as long as the police department has not experienced any problem with this matter, she has nothing to add to last month' s discussion. Discussion Regarding 180 Kimball Street Material Commissioner Schock stated for the record that in response to the accusations made against Price Rite Liquors, 180 Kimball Street, the report from the police department indicates that Price Rite has done an exemplary job of operating an establishment that does not cater to minors and/or undesirables and has always cooperated with the police. The accusations that were made were very serious, and he was disappointed that the accusers were not here to see that the accusations are unfounded. Jerry Mowinski, owner of Price Rite Liquors, said that they have always put forth their very best efforts in operating their business . He stated that he made several attempts to discuss the matter with those making the accusations, but they refused. Discussion Regarding Reports of Legacy Serving Liquor to Minors Pedro DeLara, professional singer at Legacy' s, stated that on several occasions the police reported receiving calls about liquor being served to minors at Legacy' s . On each occasion the responding officer found the accusation to be false. The officer also told them that they must purchase a dance permit if they want to have dancing at the bar. Mr. DeLara stated he researched the matter and found that dance permits are no longer required and asked that the Liquor Commission notify police department personnel . Adjournment Commissioner Schock made a motion, seconded by Commissioner Popple, to adjourn the meeting. Yeas : Commissioners Popple, Schock, and Chairman VanDeVoorde. Nays : None. The meeting adjourned at 1 :27 p.m. L�f c7reFrL March 1, 1995 Suellyn Los , Deputy City Clerk Date Approved NOTICE OF SPECIAL MEETING r PURSUANT TO THE OPEN MEETINGS ACT, notice is hereby given that the Local Liquor Control Commission will conduct a special meeting on February 8, 1995 at 6 :25 p.m. , in the Council Conference Room, located in the North Tower, Elgin City Hall, 150 Dexter Court, Elgin, Illinois . The purpose of this meeting is to consider the matters set forth in the agenda below. DATED: February 6 , 1995 Dolonna Mecum Elgin City Clerk ELGIN LIQUOR CONTROL COMMISSION MEETING Council Conference Room Special Meeting 6 :25 p.m. February 8, 1995 r A. Call to Order B. Roll Call C. License Application of St. Mary' s School, 103 South Gifford Street, for Class G Liquor License for Mardi Gras Night Fundraiser on February 25, 1995 D. Discussion of Police Department Memorandum Regarding Liquor License Violations at Legacy' s Bar and Grill E. Adjournment SPECIAL MEETING ELGIN LIQUOR CONTROL COMMISSION MEETING FEBRUARY 8, 1995 The special meeting was called to order at 6 : 28 p.m. in the Council Conference Room by Commission Chairman George VanDeVoorde. Members present: Commissioners Popple, Schock, and Chairman VanDeVoorde. Absent: None. Application of St. Mary's School, 103 South Gifford Street, for Class G Liquor License for Mardi Gras Night Fundraiser on February 25, 1995 Commissioner Popple made a motion, seconded by Commissioner Schock, to approve the aforementioned application. Yeas : Commissioners Popple, Schock, and Chairman VanDeVoorde. Nays : None. Discussion of Police Department Memorandum Regarding Liquor License Violations at Legacy's Bar and Grill Commissioner Schock made a motion, seconded by Commissioner Popple, to schedule a public hearing at its regular meeting on March 1, 1995, at 1 : 00 p.m. regarding the alleged violations . Yeas : Commissioners Popple, Schock, and Chairman VanDeVoorde. Nays : None. Adjournment Commissioner Popple made a motion, seconded by Commissioner Schock, to adjourn the meeting. Yeas : Commissioners Popple, Schock, and Chairman VanDeVoorde. Nays : None. Meeting adjourned at 6 : 31 p.m. g-9414"^-e /PL-Q-C-A1-4•14.-- March 1 , 1995 Dolonna Mecum, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION MEETING Council Conference Room Regular Meeting 1 : 00 p.m. March 1, 1995 A. Call to Order B. Roll Call C. Approval of Minutes : February 1, 1995, Regular Meeting (C-1) February 8, 1995, Special Meeting (C-2 ) D. Public Hearing Regarding Legacy' s Restaurant and Lounge, Inc. , 865 Summit Street, Holder of Class E Liquor License; Unlawful Sale of Package Liquor - in Violation of the Elgin b. Municipal Code; Delivery of a Controlled Substance - in Violation the Criminal Laws of the State of Illinois (D) E . Other Business 1 . Discussion regarding Liquor License Renewal Procedures and Setting Special Meeting for Consideration of Renewal Applications 2 . Miscellaneous F. Adjournment c L Y ELGIN LIQUOR CONTROL COMMISSION MEETING MARCH 1, 1995 The meeting was called to order at 1 : 05 p.m. in the Council Conference Room by Commission Chairman George VanDeVoorde. Members present: Commissioner Popple and Chairman VanDeVoorde. Absent: Commissioner Schock. Approval of Minutes Commissioner Popple made a motion, seconded by Chairman VanDeVoorde, to approve the minutes of the February 1, 1995, regular meeting and the February 8, 1995, special meeting. Yeas : Commissioner Popple and Chairman VanDeVoorde. Nays : None. Public Hearing Regarding Legacy's Restaurant and Lounge, Inc. , 865 Summit Street, Holder of Class E Liquor License; Unlawful Sale of Package Liquor - in Violation of the Elgin Municipal Code; Delivery of a Controlled Substance - in Violation the Criminal Laws of the State of Illinois - Continued Assistant Corporation Counsel Cogley stated that a motion to continue the public hearing has been requested by Harry Gabrielides, the attorney representing Legacy' s . He also advised the Commission that he had been informed that the licensee intends to stipulate to the allegations contained in the complaint. Commissioner Popple made a motion, seconded by Chairman VanDeVoorde, to continue the aforementioned public hearing to March 9, 1995, at 1 p.m. Yeas : Commissioner Popple and Chairman VanDeVoorde. Nays : None. Chairman VanDeVoorde requested that a full report be made to the Commission concerning whether or not Legacy' s has the capacity to serve meals to not less than 150 persons at any one time as required by its Class E license, which is for restaurants. He also stated that a dance club has been holding dances at Legacy' s at which minors are present. He asked that Assistant Corporation Counsel Cogley determine whether this is permitted under the circumstances . Discussion regarding Liquor License Renewal Procedures and Setting Special Meeting for Consideration of Renewal Applications By consensus, the Commission scheduled a special meeting for April 19, 1995, at 1 p.m. , including but not limited to considering applications for liquor license renewal . The Commission requested that a report be presented on the current status of Highland Liquors and related neighborhood issues . Liquor Commission Meeting March 1 , 1995 Page 2 Discussion was also held concerning the fact that Commissioner Popple and Chairman VanDeVoorde would not be on the Liquor Commission after the April 4 , 1995, election. Although the newly-elected mayor will automatically be the Liquor Commission Chairman, the City Clerk expressed concern regarding the timing for having the other commissioner appointed prior to consideration of the applications for liquor license renewal on April 19 . It was determined that a member of the Council could be appointed to the Commission at the April 12 , 1995, Council meeting. Application of Elgin Fox Den, Inc. for a Liquor License at 105 South Grove Avenue City Clerk Mecum advised the Commission that the aforementioned application has been withdrawn. Miscellaneous Assistant Corporation Counsel Cogley stated that the requirements enacted several months ago concerning operating a teen club are part of the liquor code and currently do not apply if a teen club is not being operated at a liquor licensed establishment. He questioned whether consideration should be given to enacting legislation which would apply to all teen clubs operating in the City. Chairman VanDeVoorde recommended that a written report be made to the new City Council concerning this issue. Mayor VanDeVoorde commended staff members Bill Cogley, Paul Slaby, Loni Mecum, and the various police liaison officers, for their assistance to the Liquor Commission. Adjournment Commissioner Popple made a motion, seconded by Chairman VanDeVoorde, to adjourn the meeting. Yeas : Commissioner Popple and Chairman VanDeVoorde. Nays : None. Meeting adjourned at 1 :25 p.m. 0 7tivA42.. .1 April 19, 1995 Dolonna Mecum, Recording Secretary Date Approved rft NOTICE OF RESCHEDULED SPECIAL MEETING Notice is hereby given that the Local Liquor Control Commission has rescheduled the special meeting on March 9 , 1995, from 1 : 00 p.m. to 4 : 00 p.m. in the Council Conference Room, located in the North Tower, Elgin City Hall, 150 Dexter Court, Elgin, Illinois . The purpose of this meeting is to consider the matters set forth in the agenda below. DATED: March 7, 1995 Dolonna Mecum Elgin City Clerk r ELGIN LIQUOR CONTROL COMMISSION MEETING Council Conference Room Rescheduled Special Meeting 4 : 00 p.m. March 9, 1995 A. Call to Order B. Roll Call D. Public Hearing Regarding Legacy' s Restaurant and Lounge, Inc. , 865 Summit Street, Holder of Class E Liquor License; Unlawful Sale of Package Liquor - in Violation of the Elgin Municipal Code; Delivery of a Controlled Substance - in Violation the Criminal Laws of the State of Illinois (D) E. Adjournment I .` ,. A ELGIN LIQUOR CONTROL COMMISSION MEETING MARCH 9, 1995 The meeting was called to order at 4 : 04 p.m. in the Council Conference Room by Commission Chairman George VanDeVoorde. Members present: Commissioners Popple, Schock, and Chairman VanDeVoorde. Absent: None. Public Hearing Regarding Legacy's Restaurant and Lounge, Inc. , 865 Summit Street, Holder of Class E Liquor License; Unlawful Sale of Package Liquor - in Violation of the Elgin Municipal Code; Delivery of a Controlled Substance - in Violation the Criminal Laws of the State of Illinois Assistant Corporation Counsel Cogley advised the Commission that a written stipulation has been filed by Legacy' s Restaurant and Lounge, Inc . stipulating to the allegations and matters in the Complaint dated February 17, 1995, relating to packaged liquor sales and delivery of a controlled substance. Pursuant to Chairman VanDeVoorde ' s request that the Commission be provided with a report on the number of seats at Legacy' s, Mr. Cogley stated that Health Officer Slaby made an inspection of the premises . He found there were 117 seats, with an additional 10 seats which were questionable. A Class E license is for a restaurant which must have the capacity to serve meals to not less than 150 persons at any one time. In addition to the matters in the complaint, Mr. Cogley entered into the record the fact that there were three instances of sale of controlled substance by members of the Maniac Latin Disciples on December 10, 1994 , January 7, 1995, and January 20, 1995 . Dimitrios "Jimmy" Stathakis, sole shareholder and manager of Legacy' s, was represented by Attorney Harry Gabrielides and also appeared on his own behalf . Attorney Gabrielides submitted a memorandum outlining the steps taken by Mr. Stathakis to attempt to prevent future occurrences of the incidents set forth in the complaint. He advised the Commission that his client had been unaware of the sale of drugs on the premises, he had immediately discharged the employee who made the sales to the undercover officer, and he met with members of the Police Department to discuss what measures could be taken to prevent Legacy' s from becoming a hangout for gangs or drug traffickers . Attorney Gabrielides outlined the financial effects a suspension or revocation would have on Mr. Stathakis and urged the Commission' s leniency. Recess rft. Commissioner Schock made a motion, seconded by Commissioner Popple, go to into executive session. Yeas : Commissioners Popple, Schock, and Chairman VanDeVoorde. Nays : None. : • ' a Liquor Commission Meeting March 9, 1995 Page 2 er- At 4 :40 p.m. the Local Liquor Commission convened in executive session for the purpose of reviewing and weighing the evidence and consulting with its attorney. At 4 : 58 p.m. , the Commission members returned to open session. Commissioner Schock made a motion, seconded by Commissioner Popple, to revoke the Class E liquor license of Legacy' s Restaurant and Lounge, Inc. , effective immediately. Commissioner Schock stated that there are a number of serious violations contained in the complaint. It is the responsibility of the owner and manager to exercise the controls which are expected of liquor establishments . Even if given another chance, the Commission does not believe the owner will do what is required of a responsible liquor licensee. He also stated that it is the Commission' s belief that the establishment is now being operated as a bar rather than a restaurant at which the sale of liquor is incidental to the service of food. Yeas : Commissioners Popple, Schock, and Mayor VanDeVoorde. Nays : None. A complete transcript of the proceedings is available from the court reporting firm of Janson Reporting of Elgin. Adjournment Commissioner Schock made a motion, seconded by Commissioner Popple, to adjourn the meeting. Yeas : Commissioners Popple, Schock, and Mayor VanDeVoorde. Nays : None. Meeting adjourned at 5 : 02 p.m. P#4kA^--4- ik-f2,t2444-- April 19 , 1995 Dolonna Mecum, City Clerk Date Approved EXECUTIVE SESSION ELGIN LIQUOR CONTROL COMMISSION MEETING MARCH 9, 1995 The Liquor Commission went into Executive Session at 4 :40 p.m. Members present: Commissioners Popple, Schock, and Chairman VanDeVoorde. Absent: None. Review and Weighing of Evidence Concerning Legacy's Restaurant & Lounge Commission members consulted with Assistant Corporation Counsel Cogley concerning the options which are available to them regarding Legacy' s, which has stipulated to the allegations contained in the complaint regarding unlawful sale of package liquor and delivery of a controlled substance. Discussion was also held concerning the fact that the premises have been altered and no longer meet the requirements for a Class E restaurant license. It was the consensus of the Commission to revoke the liquor license of Legacy' s . Adjournment Commissioner Schock made a motion, seconded by Commissioner Popple, to adjourn and return to open session. Yeas : Commissioners Popple, Schock, and Chairman VanDeVoorde. Nays : None. Returned to open session at 4 : 58 p.m. ly / A-L,CACJP-- Dolo' na Mecum, Recording Secretary Date Approved El, TELEPHONE 708/931-6100 FAX 708/931-5610 FOR HEARING IMPAIRED /-``�� or �y TDD 708/931-5616 CITY OF ELGIN 150 DEXTER COURT ELGIN, ILLINOIS 60120-5555 (� n ?pgILD 0'I NOTICE OF CANCELLATION OF MEETING ELGIN LIQUOR CONTROL COMMISSION NOTICE IS HEREBY GIVEN that the April 5, 1995, regularly scheduled meeting of the Liquor Control Commission has been cancelled. A special meeting of the Liquor Control Commission has been scheduled for April 19 , 1995, at 1 p.m. The agenda for the April 19, 1995, meeting will be furnished at a later date. DATED: March 31, 1995 CITY OF ELGIN By Dolonna Mecum Elgin City Clerk s (i) Printed on recycled paper ELGIN LIQUOR CONTROL COMMISSION MEETING Council Conference Room SPECIAL MEETING 1 : 00 p.m. April 19, 1995 A. Call to Order B. Roll Call C. Approval of Minutes : March 1, 1995, Regular Meeting March 9 , 1995, Special Meeting D. Application of St. Joseph Catholic Church - Santo Nombre, 274 Division Street, for a Class G Liquor License for a Social Dance on May 6 , 1995 emb- E. Consideration of Applications for Renewal for Liquor License for Period from 5/1/95 through 4/30/96 F. Memorandum Regarding Omni Superstores, d/b/a Dominick' s Finer Foods, Inc . G. Discussion of Liquor Commission Procedures H. Adjournment ELGIN LIQUOR CONTROL COMMISSION MEETING FEBRUARY 1, 1995 The meeting was called to order at 1 : 12 p.m. in the Council Conference Room by Commissioner Popple. Members present: Commissioners Popple and Schock. Chairman VanDeVoorde arrived at 1 : 17 p.m. Absent: None. Commissioner Schock made a motion, seconded by Commissioner Popple, to appoint Commissioner Popple as Chairman Pro Tem. Yeas : Commissioners Popple and Schock. Nays : None. Approval of Minutes - January 3, 1995 Commissioner Schock made a motion, seconded by Commissioner Popple, to approve the minutes of the January 3, 1995, meeting. Yeas : Commissioner Schock. Commissioner Popple responded present. Nays : None. Application of Elgin Fox Den, Inc. for a Class A Liquor License at 105 South Grove Avenue Attorney Tom Rydell, on behalf of the applicants, submitted the rft. articles of incorporation and a copy of the lease. Commissioner Popple reported that it was recently discovered that there is a church holding Sunday services in the same building for which as the applicant is attempting to secure a liquor license. Issuance of a liquor license would not be possible under these circumstances . Senior Pastor Ross Nelson, representing the Vineyard Christian Fellowship of Elgin, stated that the church holds regular Sunday services at 10 : 00 a.m. in the banquet hall and maintains a full- time office in the building. According to the terms of his lease with building owner, Frank Halsey, the hours available to them on Sundays for the church services are from 6 : 00 a.m. until 2 :00 p.m. Attorney Rydell said that he was not aware of a church holding services in the building and stated that his client' s lease is also with Frank Halsey. Chairman VanDeVoorde arrived at 1 : 17 p.m. Assistant Corporation Counsel Cogley stated that the City's ordinance prohibits issuance of a liquor license under these circumstances, but he would like to have an opportunity to review both leases in order to be thorough and fair. Commissioner Schock made a motion, seconded by Commissioner Popple, to continue consideration of this application to the March 1, 1995, meeting. Yeas : Commissioners Schock and Popple. Chairman VanDeVoorde abstained. Nays : None. . t ; - ~ Liquor Commission Meeting February 1, 1995 Page 2 Commissioner Popple made a motion, seconded by Commissioner Schock, to return the chairmanship to Chairman VanDeVoorde. Yeas : Commissioners Popple, Schock, and Chairman VanDeVoorde. Nays : None. Continued Discussion Regarding Letter from Secretary of State Concerning Teenagers Purchasing Cooking Wine Commissioner Popple thanked commission members for continuing last month' s discussion of this matter so that she would have an opportunity for input. She stated that as long as the police department has not experienced any problem with this matter, she has nothing to add to last month's discussion. Discussion Regarding 180 Kimball Street Material Commissioner Schock stated for the record that in response to the accusations made against Price Rite Liquors, 180 Kimball Street, the report from the police department indicates that Price Rite has done an exemplary job of operating an establishment that does not cater to minors and/or undesirables and has always cooperated with the police. The accusations that were made were very serious, and he was disappointed that the accusers were not here to see that the accusations are unfounded. Jerry Mowinski, owner of Price Rite Liquors, said that they have always put forth their very best efforts in operating their business . He stated that he made several attempts to discuss the matter with those making the accusations, but they refused. Discussion Regarding Reports of Legacy Serving Liquor to Minors Pedro DeLara, professional singer at Legacy' s, stated that on several occasions the police reported receiving calls about liquor being served to minors at Legacy' s . On each occasion the responding officer found the accusation to be false. The officer also told them that they must purchase a dance permit if they want to have dancing at the bar. Mr. DeLara stated he researched the matter and found that dance permits are no longer required and asked that the Liquor Commission notify police department personnel . Adjournment Commissioner Schock made a motion, seconded by Commissioner Popple, to adjourn the meeting. Yeas : Commissioners Popple, Schock, and Chairman VanDeVoorde. Nays : None. The meeting adjourned at 1 :27 p.m. LJ9 c-- Yafd � C�r- March 1, 1995 Suellyn Los�Deputy City Clerk Date Approved NOTICE OF SPECIAL MEETING emb- PURSUANT TO THE OPEN MEETINGS ACT, notice is hereby given that the Local Liquor Control Commission will conduct a special meeting on February 8, 1995 at 6 :25 p.m. , in the Council Conference Room, located in the North Tower, Elgin City Hall, 150 Dexter Court, Elgin, Illinois. The purpose of this meeting is to consider the matters set forth in the agenda below. DATED: February 6, 1995 Dolonna Mecum Elgin City Clerk ELGIN LIQUOR CONTROL COMMISSION MEETING Council Conference Room Special Meeting 6 :25 p.m. February 8, 1995 emk A. Call to Order B. Roll Call C. License Application of St. Mary' s School, 103 South Gifford Street, for Class G Liquor License for Mardi Gras Night Fundraiser on February 25, 1995 D. Discussion of Police Department Memorandum Regarding Liquor License Violations at Legacy' s Bar and Grill E . Adjournment SPECIAL MEETING ELGIN LIQUOR CONTROL COMMISSION MEETING FEBRUARY 8, 1995 The special meeting was called to order at 6 :28 p.m. in the Council Conference Room by Commission Chairman George VanDeVoorde. Members present: Commissioners Popple, Schock, and Chairman VanDeVoorde. Absent: None. Application of St. Mary's School, 103 South Gifford Street, for Class G Liquor License for Mardi Gras Night Fundraiser on February 25, 1995 Commissioner Popple made a motion, seconded by Commissioner Schock, to approve the aforementioned application. Yeas : Commissioners Popple, Schock, and Chairman VanDeVoorde. Nays : None. Discussion of Police Department Memorandum Regarding Liquor License Violations at Legacy's Bar and Grill Commissioner Schock made a motion, seconded by Commissioner Popple, to schedule a public hearing at its regular meeting on March 1, 1995, at 1 : 00 p.m. regarding the alleged violations . Yeas : Commissioners Popple, Schock, and Chairman VanDeVoorde. Nays : None. Adjournment Commissioner Popple made a motion, seconded by Commissioner Schock, to adjourn the meeting. Yeas : Commissioners Popple, Schock, and Chairman VanDeVoorde. Nays : None. Meeting adjourned at 6 : 31 p.m. A940.14.v..e /44,e_AA.044._, March 1, 1995 Dolonna Mecum, Recording Secretary Date Approved r ELGIN LIQUOR CONTROL COMMISSION MEETING Council Conference Room Regular Meeting 1 : 00 p.m. March 1, 1995 A. Call to Order B. Roll Call C. Approval of Minutes : February 1, 1995, Regular Meeting (C-1) February 8, 1995, Special Meeting (C-2) D. Public Hearing Regarding Legacy' s Restaurant and Lounge, Inc. , 865 Summit Street, Holder of Class E Liquor License; Unlawful Sale of Package Liquor - in Violation of the Elgin ("'"` Municipal Code; Delivery of a Controlled Substance - in Violation the Criminal Laws of the State of Illinois (D) E . Other Business 1 . Discussion regarding Liquor License Renewal Procedures and Setting Special Meeting for Consideration of Renewal Applications 2 . Miscellaneous F. Adjournment ork ELGIN LIQUOR CONTROL COMMISSION MEETING MARCH 1, 1995 The meeting was called to order at 1 :05 p.m. in the Council Conference Room by Commission Chairman George VanDeVoorde . Members present: Commissioner Popple and Chairman VanDeVoorde. Absent: Commissioner Schock. Approval of Minutes Commissioner Popple made a motion, seconded by Chairman VanDeVoorde, to approve the minutes of the February 1, 1995, regular meeting and the February 8, 1995, special meeting. Yeas : Commissioner Popple and Chairman VanDeVoorde. Nays : None. Public Hearing Regarding Legacy's Restaurant and Lounge, Inc. , 865 Summit Street, Holder of Class E Liquor License; Unlawful Sale of Package Liquor - in Violation of the Elgin Municipal Code; Delivery of a Controlled Substance - in Violation the Criminal Laws of the State of Illinois - Continued Assistant Corporation Counsel Cogley stated that a motion to continue the public hearing has been requested by Harry Gabrielides, the attorney representing Legacy' s . He also advised the Commission that he had been informed that the licensee intends to stipulate to the allegations contained in the complaint. Commissioner Popple made a motion, seconded by Chairman VanDeVoorde, to continue the aforementioned public hearing to March 9, 1995, at 1 p.m. Yeas : Commissioner Popple and Chairman VanDeVoorde. Nays : None. Chairman VanDeVoorde requested that a full report be made to the Commission concerning whether or not Legacy' s has the capacity to serve meals to not less than 150 persons at any one time as required by its Class E license, which is for restaurants . He also stated that a dance club has been holding dances at Legacy' s at which minors are present. He asked that Assistant Corporation Counsel Cogley determine whether this is permitted under the circumstances . Discussion regarding Liquor License Renewal Procedures and Setting Special Meeting for Consideration of Renewal Applications By consensus, the Commission scheduled a special meeting for April 19, 1995, at 1 p.m. , including but not limited to considering applications for liquor license renewal . tow The Commission requested that a report be presented on the current status of Highland Liquors and related neighborhood issues . Liquor Commission Meeting March 1, 1995 Page 2 rb- Discussion was also held concerning the fact that Commissioner Popple and Chairman VanDeVoorde would not be on the Liquor Commission after the April 4, 1995, election. Although the newly-elected mayor will automatically be the Liquor Commission Chairman, the City Clerk expressed concern regarding the timing for having the other commissioner appointed prior to consideration of the applications for liquor license renewal on April 19 . It was determined that a member of the Council could be appointed to the Commission at the April 12 , 1995, Council meeting. Application of Elgin Fox Den, Inc. for a Liquor License at 105 South Grove Avenue City Clerk Mecum advised the Commission that the aforementioned application has been withdrawn. Miscellaneous Assistant Corporation Counsel Cogley stated that the requirements enacted several months ago concerning operating a teen club are part of the liquor code and currently do not apply if a teen club is not being operated at a liquor licensed establishment. He questioned whether consideration should be given to enacting legislation which would apply to all teen clubs operating in the City. Chairman VanDeVoorde recommended that a written report be made to the new City Council concerning this issue. Mayor VanDeVoorde commended staff members Bill Cogley, Paul Slaby, Loni Mecum, and the various police liaison officers, for their assistance to the Liquor Commission. Adjournment Commissioner Popple made a motion, seconded by Chairman VanDeVoorde, to adjourn the meeting. Yeas : Commissioner Popple and Chairman VanDeVoorde. Nays : None. Meeting adjourned at 1 :25 p.m. C:0497(A04a, April 19, 1995 Dolonna Mecum, Recording Secretary Date Approved NOTICE OF RESCHEDULED SPECIAL MEETING Notice is hereby given that the Local Liquor Control Commission has rescheduled the special meeting on March 9 , 1995, from 1 : 00 p.m. to 4 : 00 p.m. in the Council Conference Room, located in the North Tower, Elgin City Hall, 150 Dexter Court, Elgin, Illinois . The purpose of this meeting is to consider the matters set forth in the agenda below. DATED: March 7, 1995 Dolonna Mecum Elgin City Clerk ELGIN LIQUOR CONTROL COMMISSION MEETING Council Conference Room Rescheduled Special Meeting 4 : 00 p.m. March 9, 1995 A. Call to Order B. Roll Call D. Public Hearing Regarding Legacy' s Restaurant and Lounge, Inc. , 865 Summit Street, Holder of Class E Liquor License; Unlawful Sale of Package Liquor - in Violation of the Elgin Municipal Code; Delivery of a Controlled Substance - in Violation the Criminal Laws of the State of Illinois (D) E. Adjournment emk r EXECUTIVE SESSION ELGIN LIQUOR CONTROL COMMISSION MEETING MARCH 9, 1995 The Liquor Commission went into Executive Session at 4 : 40 p.m. Members present: Commissioners Popple, Schock, and Chairman VanDeVoorde. Absent: None. Review and Weighing of Evidence Concerning Legacy's Restaurant & Lounge Commission members consulted with Assistant Corporation Counsel Cogley concerning the options which are available to them regarding Legacy' s, which has stipulated to the allegations contained in the complaint regarding unlawful sale of package liquor and delivery of a controlled substance. Discussion was also held concerning the fact that the premises have been altered and no longer meet the requirements for a Class E restaurant license. It was the consensus of the Commission to revoke the liquor license of Legacy' s . Adjournment Commissioner Schock made a motion, seconded by Commissioner Popple, to adjourn and return to open session. Yeas : Commissioners Popple, Schock, and Chairman VanDeVoorde. Nays: None. Returned to open session at 4 : 58 p.m. Dolo na Mecum, Recording Secretary Date Approved re- • 3 ELGIN LIQUOR CONTROL COMMISSION MEETING MARCH 9, 1995 The meeting was called to order at 4 :04 p.m. in the Council Conference Room by Commission Chairman George VanDeVoorde. Members present: Commissioners Popple, Schock, and Chairman VanDeVoorde. Absent: None. Public Hearing Regarding Legacy's Restaurant and Lounge, Inc. , 865 Summit Street, Holder of Class E Liquor License; Unlawful Sale of Package Liquor - in Violation of the Elgin Municipal Code; Delivery of a Controlled Substance - in Violation the Criminal Laws of the State of Illinois Assistant Corporation Counsel Cogley advised the Commission that a written stipulation has been filed by Legacy' s Restaurant and Lounge, Inc . stipulating to the allegations and matters in the Complaint dated February 17 , 1995, relating to packaged liquor sales and delivery of a controlled substance. Pursuant to Chairman VanDeVoorde ' s request that the Commission be provided with a report on the number of seats at Legacy' s, Mr. Cogley stated that Health Officer Slaby made an inspection of the premises . He found there were 117 seats, with an additional 10 seats which were questionable. A Class E license is for a restaurant which must have the capacity to serve meals to not less than 150 persons at any one time. In addition to the matters in the complaint, Mr. Cogley entered into the record the fact that there were three instances of sale of controlled substance by members of the Maniac Latin Disciples on December 10, 1994 , January 7 , 1995, and January 20, 1995 . Dimitrios "Jimmy" Stathakis, sole shareholder and manager of Legacy' s, was represented by Attorney Harry Gabrielides and also appeared on his own behalf. Attorney Gabrielides submitted a memorandum outlining the steps taken by Mr. Stathakis to attempt to prevent future occurrences of the incidents set forth in the complaint. He advised the Commission that his client had been unaware of the sale of drugs on the premises, he had immediately discharged the employee who made the sales to the undercover officer, and he met with members of the Police Department to discuss what measures could be taken to prevent Legacy' s from becoming a hangout for gangs or drug traffickers . Attorney Gabrielides outlined the financial effects a suspension or revocation would have on Mr. Stathakis and urged the Commission' s leniency. Recess Commissioner Schock made a motion, seconded by Commissioner Popple, go to into executive session. Yeas : Commissioners Popple, Schock, and Chairman VanDeVoorde. Nays : None. 1 ' ~ 3 Liquor Commission Meeting March 9 , 1995 Page 2 At 4 :40 p.m. the Local Liquor Commission convened in executive session for the purpose of reviewing and weighing the evidence and consulting with its attorney. At 4 : 58 p.m. , the Commission members returned to open session. Commissioner Schock made a motion, seconded by Commissioner Popple, to revoke the Class E liquor license of Legacy' s Restaurant and Lounge, Inc . , effective immediately. Commissioner Schock stated that there are a number of serious violations contained in the complaint. It is the responsibility of the owner and manager to exercise the controls which are expected of liquor establishments . Even if given another chance, the Commission does not believe the owner will do what is required of a responsible liquor licensee. He also stated that it is the Commission' s belief that the establishment is now being operated as a bar rather than a restaurant at which the sale of liquor is incidental to the service of food. Yeas : Commissioners Popple, Schock, and Mayor VanDeVoorde. Nays : None. A complete transcript of the proceedings is available from the court reporting firm of Janson Reporting of Elgin. Adjournment Commissioner Schock made a motion, seconded by Commissioner Popple, to adjourn the meeting. Yeas : Commissioners Popple, Schock, and Mayor VanDeVoorde. Nays : None. Meeting adjourned at 5 : 02 p.m. �M� �' tu�•-- April 19 , 1995 Dolonna Mecum, City Clerk Date Approved r in TELEPHONE 708/931-6100 FAX 708/931-5610 FOR HEARING IMPAIRED El r i 6' TDD 708/931-5616 CITY OF ELGIN 150 DEXTER COURT ELGIN, ILLINOIS 60120-5555 zt NOTICE OF CANCELLATION OF MEETING ELGIN LIQUOR CONTROL COMMISSION NOTICE IS HEREBY GIVEN that the April 5, 1995, regularly scheduled meeting of the Liquor Control Commission has been cancelled. A special meeting of the Liquor Control Commission has been scheduled for April 19, 1995, at 1 p.m. The agenda for the April 19, 1995, meeting will be furnished at a later date. DATED: March 31, 1995 CITY OF ELGIN By Dolonna Mecum Elgin City Clerk [ 1. * (i) Printed on recycled paper ELGIN LIQUOR CONTROL COMMISSION MEETING Council Conference Room SPECIAL MEETING 1 : 00 p.m. April 19, 1995 A. Call to Order B. Roll Call C. Approval of Minutes : March 1, 1995, Regular Meeting March 9 , 1995, Special Meeting D. Application of St. Joseph Catholic Church - Santo Nombre, 274 Division Street, for a Class G Liquor License for a Social Dance on May 6, 1995 E. Consideration of Applications for Renewal for Liquor License for Period from 5/1/95 through 4/30/96 F. Memorandum Regarding Omni Superstores, d/b/a Dominick' s Finer Foods, Inc . G. Discussion of Liquor Commission Procedures H. Adjournment ELGIN LIQUOR CONTROL COMMISSION MEETING APRIL 19, 1995 The special meeting was called to order at 1 : 14 p.m. in the Council Conference Room by Commission Chairman Kevin Kelly. Members present: Commissioner Schock and Chairman Kelly. Absent: None. Approval of Minutes - March 1, 1995, Regular Meeting and March 9, 1995, Special Meeting Commissioner Schack made a motion, seconded by Chairman Kelly, to approve the minutes of the March 1, 1995, Regular Meeting. Yeas : Commissioner Schock and Chairman Kelly. Nays : None. Commissioner Schock made a motion, seconded by Chairman Kelly, to approve the minutes of the March 9, 1995, Special Meeting. Yeas : Commissioner Schock and Chairman Kelly. Nays : None. Application of St. Joseph Catholic Church - Santo Nombre, 274 Division Street, for a Class G Liquor License for a Social Dance on May 6, 1995 Commissioner Schock made a motion, seconded by Chairman Kelly, to approve the application of St. Joseph Catholic Church. Yeas : Commissioner Schock and Chairman Kelly. Nays : None. Consideration of Applications for Renewal for Liquor License for Period from 5/1/95 through 4/30/96 Commissioner Schock made a motion, seconded by Chairman Kelly, to approve the applications for renewal for those establishments on List A, which are set forth below. Yeas : Commissioner Schock and Chairman Kelly. Nays : None. LIST A Alexander' s Restaurant, 1725 N. State Street * Al ' s Cafe and Creamery, 43 Fountain Square Plaza * American Drug Stores (Osco Drugs/Larkin & Summit) American Legion, 820 N. Liberty Street Barley & Hops, 15 N. State Street Bill ' s Tap, 260 Brook Street Bowlway Lanes, 810 Villa Street Bubba McDuffy' s, 1157 Bluff City Boulevard Butera Finer Foods, Inc. , 3 Clock Tower Plaza Chicago Pizza Authority, 840 B. Summit Street * City Limits Cafe & Bar, 802 Villa Street Liquor Commission Meeting April 19 , 1995 Page 2 CSP Enterprises (Hemmens) Dominick' s Finer Foods (Omni) , 250 S. Randall Road* Eagle Food Center, 306 S . McLean Boulevard * Eagle Food Center, 20 Tyler Creek Plaza * Eaton' s Redwood Inn, 118 W. Chicago Street Elgin Manor Restaurant, 555 N. McLean Boulevard Elgin Restaurant & Lounge, 219 E. Chicago Street Elgin Riverside Club, 21 Lincoln Avenue * Elgin Turners, 112 Villa Street * Espo' s Lanes, 37 Ceresa Drive Facaccia ' s Ristorante, 50 North Spring Street * Gasthaus Zur Linde, 13 N. Grove Avenue George' s Family Restaurant, 1279 Dundee Avenue Grand Victoria Casino, 250 S . Grove Avenue Green Jade Restaurant, 10 Tyler Creek Plaza Holiday Inn, 345 W. River Road * Hoopers Sports Bar and Grill, 975 N. McLean Blvd. * Hoppe ' s Corner, 1075 N. Liberty Street Hunan Gardens, 312-A South McLean Blvd Jake ' s Pizza, 728 W. Chicago Street Jalapenos, 7 Clock Tower Plaza * JB' s Pub & Pietro' s Pizza, 297 S. McLean Boulevard Leitner's Hamburgers, 992 St. Charles Street Liberty Liquors, 601 Cooper Avenue Los Compadres, 230 Dundee Avenue Loyal Order of Moose 799, 70 N. State Street Marriott Management Corp. , 2500 Westfield Drive * McLean 76 Mart, 275 S . McLean Boulevard * Neighborhood Package Liquors, 805 Walnut Avenue Nite Owl, Inc. , 950 East Chicago Street Northwest Liquors, 995 N. McLean Boulevard The Nosh, 420-C Airport Road Owls Athletic Club, 209-211 E. Chicago Street * fek Paul & Diana' s Club 58, 959 Villa Street * Pizza Hut, 1500 Larkin Avenue Liquor Commission Meeting April 19, 1995 Page 3 es- Price-Rite Amoco, 816 St. Charles Street Price-Rite Gas & Liquor, 180 Kimball Street Price-Rite Miska' s, 1055 N. Liberty Street River East Ballroom, 209 E. Chicago Street * Seven Eleven Foods, 633 E. Chicago Street Seven Eleven Foods, 957 Summit Street Shanghai Restaurant, 11 Douglas Avenue South Side Annie 's, 412 Bluff City Boulevard Spartan Meadows Golf Course, Spartan Drive Speedway, 1570 Big Timber Road * Sports Pub, 302 S . McLean Boulevard Spring Garden West, 90 Tyler Creek Annex * Stop'N Go Foods, 455 Bluff City Blvd. Town Liquors West, 300 S. McLean Boulevard 212 Club, 212 Ball Street Vatco, Inc . , d/b/a Sherlock Holmes Pub/Ramada Inn, 500 West River Road * VFW Watch City Post 1307 , 1601 Weld Road Villa Liquors, 695 Villa Street Walgreen' s, 9 Clock Tower Plaza * Walgreen's, 955 N. McLean Boulevard * Walnut Avenue Bar & Grill, 214 Walnut Avenue * Western Tap, 19 N. State Street White Hen Pantry, 333 S. McLean Boulevard White Hen Pantry, 1195 N. McLean Boulevard Wing Park Liquors, 1341 Manor Court Commissioner Schock made a motion, seconded by Chairman Kelly, to approve the applications for renewal for those establishments on List B, which are set forth below, subject to the City Clerk' s receipt of certificates of insurance. Yeas : Commissioner Schock and Chairman Kelly. Nays : None. LIST B Azteca De Oro Restaurant, 260 National Street * ft. Dieterle' s Restaurant, 550 S. McLean Boulevard * Dino' s Finer Foods, 465 Summit Street Liquor Commission Meeting April 19 , 1995 Page 4 r- Elgin Lanes, 401 Shepard Drive * Elks Lodge 737, 18 Villa Street Super Saver Foods, 776 Walnut Avenue The asterisk indicates that proof of completion of a BASSET course has not been received for all employees . Commissioner Schock suggested that a comparison be made at license renewal time in 1996 to determine whether certain establishments are repeatedly lax in having their employees obtain BASSET training. Consideration of Application for Renewal of Highland Liquors, 325 W. Highland Avenue The Commission reviewed a report from the Police Department, and concluded that the neighborhood issues previously raised seem to have been satisfactorily resolved. Assistant Corporation Counsel Cogley reported to the Commission that the Department of Code Administration is reviewing the zoning issue concerning the alleged check-cashing business being conducted by Highland Liquors . This issue had been raised by Commissioner Schock at an earlier meeting. It was the consensus of the Commission that this matter should be investigated further and a report made back to the Commission. Commissioner Schock made a motion, seconded by Chairman Kelly, to approve the application for renewal for Highland Liquors . Yeas : Commissioner Schock and Chairman Kelly. Nays : None. Consideration of Application for Renewal of Legacy's Bar and Grill, 845 Summit Assistant Corporation Counsel Cogley reviewed the current status of the license for this establishment. This Commission revoked their liquor license on March 9, 1995; the licensee filed an appeal with the Illinois Liquor Control Commission; the revocation is stayed during the pendency of the appeal and the establishment is allowed to continue to operate during this time. Because of the revocation, consideration of the application for renewal is not appropriate at this time. However, state statutes do permit municipalities to accept the license renewal fee in that the establishment is allowed to continue operating. Commissioner Schock made a motion, seconded by Chairman Kelly, to accept the check in the amount of $1,300 as a deposit for the 1995-1996 license year pending the outcome of the appeal before the State Liquor Commission. Yeas : Commissioner Schock and Chairman Kelly. Nays : None. r- Liquor Commission Meeting April 19 , 1995 Page 5 Memorandum Regarding Omni Superstores, d/b/a Dominick's Finer Foods, Inc. The Commission reviewed a letter concerning change of control of Dominick' s Finer Foods, Inc. , d/b/a Omni Superstores . No action was required on the part of the Commission. Miscellaneous Assistant Corporation Cogley reviewed the status of the two appeals pending before the State of Illinois Liquor Control Commission. Adjournment Commissioner Schock made a motion, seconded by Chairman Kelly, to adjourn the meeting. Yeas : Commissioner Schock and Chairman Kelly. Nays : None. The meeting adjourned at 1 : 31 p.m. rh. mi± /� 4 _ May 10, 1995 Dolonna Mecum, Recording Secretary Date Approved a� ELGIN LIQUOR CONTROL COMMISSION NOTICE OF RESCHEDULED MEETING NOTICE IS HEREBY GIVEN that the Elgin Local Liquor Control Commission has rescheduled their regular May meeting from May 3, 1995, to May 10, 1995, at 6 : 15 p.m. in the Council Conference Room. The agenda for this rescheduled meeting will be provided at a later date. DATED: April 28, 1995 r CITY OF ELGIN By Dolonna Mecum Elgin City Clerk ELGIN LIQUOR CONTROL COMMISSION MEETING Council Conference Room RESCHEDULED REGULAR MEETING r✓,A y 7', ( 9 S 6 : 15 p.m. A. Call to Order B. Roll Call C. Approval of Minutes - April 19, 1995 D. License Applications 1 . American Legion, Elgin Post #57, 820 North Liberty Street, for Class G Liquor License for Independence Day Celebration to be held July 1, 1995, in Club Parking Lot 2 St. Sophia Greek Orthodox Church, 525 Church Road, for Class G Liquor License for Church Summer Festival to be held July 7, 8, and 9, 1995 E. Other Business Request from Elgin Police Benevolent Association Unit 54 for Special Alcohol Permit During State Softball Tournament August 19 and 20, 1995 F. Miscellaneous G. Adjournment r eek ELGIN LIQUOR CONTROL COMMISSION MEETING MAY 10, 1995 This rescheduled regular meeting was called to order at 6 : 20 p.m. in the Council Conference Room by Commission Chairman Kevin Kelly. Members present: Commissioners Schock, Yearman, and Chairman Kelly. Absent: None. Approval of Minutes - April 19, 1995 Commissioner Schock made a motion, seconded by Commissioner Yearman, to approve the minutes of the April 19, 1995, special meeting. Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. Application of American Legion, Elgin Post #57, 820 North Liberty Street, for Class G Liquor License for Independence Day Celebration to be Held July 1, 195, in Club Parking Lot Commissioner Yearman made a motion, seconded by Commissioner Schock, to approve the aforementioned application. Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays: None. Application of St. Sophia Greek Orthodox Church, 525 Church t"''' Road, for Class G Liquor License for Church Summer Festival to be Held July 7, 8, and 9, 1995 Commissioner Yearman made a motion, seconded by Commissioner Schock, to approve the aforementioned application. Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. Application of City of Elgin and Vendor Holiday Inn for Class I Liquor License for Elgin Area Chamber of Commerce Golf Outing at Spartan Meadows on June 7, 1995 Assistant Corporation Counsel Cogley advised the Commission that the Elgin Municipal Code currently permits the sale of alcohol in buildings of golf courses owned by the city. However, the Code prohibits the sale or consumption of alcohol in city parks . The Code would have to be amended in order to permit the sale or service of alcohol on the golf course. Commissioner Yearman made a motion, seconded by Commissioner Schock, directing Mr. Cogley to draft an ordinance amending the Code to permit the sale and consumption of alcohol on the golf course in conjunction with special events or outings by not-for-profit organizations and to place the proposed amendment on both the May 24 , 1995, Committee of the Whole and Council agendas . Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. Liquor Commission Meeting May 10, 1995 Page 2 A special Liquor Commission meeting should also be scheduled immediately following the Council meeting for consideration of an application for the June 7, 1995, golf outing. Request From Elgin Police Benevolent Association Unit 54 for Special Alcohol Permit During State Softball Tournament August 19 and 20, 1995 Pursuant to prior direction of the Commission, Assistant Corporation Counsel Cogley presented a proposed ordinance amending the Elgin Municipal Code to permit the sale and consumption of alcoholic liquor at special events held by not-for-profit associations at the city-owned Sports Complex Park. The Commission reviewed the proposed ordinance and directed that it be placed on both the May 24 , 1995, Committee of the Whole and Council agendas for consideration by the City Council . Adjournment Commissioner Schock made a motion, seconded by Commissioner Yearman, to adjourn the meeting. Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. Meeting adjourned at 6 : 30 �I -C,cvv June 7, 1995 Dolonna Mecum, Recording Secretary Date Approved tow ELGIN LIQUOR CONTROL COMMISSION MEETING Council Conference Room Regular Meeting 1 : 00 p.m. June 7, 1995 A. Call to Order B. Roll Call C. Approval of Minutes - May 10, 1995, Rescheduled Regular Meeting D. License Applications 1 . Planned Development & Construction, Inc . for a Class A Liquor License for Restaurant Brewery to be Known as Prairie Rock Brewery, 127 South Grove Avenue 2 . Police Benevolent and Protective Association (PB&PA) for a Class 0 Liquor License for PB&PA State Softball Tournament at Elgin Sports Complex on August 19 and 20, 1995 E. Other Business Miscellaneous F. Adjournment ELGIN LIQUOR CONTROL COMMISSION MEETING JUNE 7, 1995 The meeting was called to order at 1 : 07 p.m. in the Council Conference Room by Commission Chairman Kevin Kelly. Members present: Commissioners Schock, Yearman, and Chairman Kelly. Absent: None. Approval of Minutes - May 10, 1995 Commissioner Schock made a motion, seconded by Commissioner Yearman, to approve the minutes of the May 10, 1995, rescheduled regular meeting. Yeas : Commissioners Schock, Yearman, and Mayor Kelly. Nays : None. Police Benevolent and Protective Association (PB&PA) for a Class 0 Liquor License for PB&PA State Softball Tournament at Elgin Sports Complex on August 19 and 20, 1995 Commissioner Yearman, made a motion, seconded by Commissioner Schock, to approve the aforementioned application. Yeas : Commissioners Schock, Yearman, and Mayor Kelly. Nays : None. Planned Development & Construction, Inc. for a Class A Liquor License for Restaurant Brewery to be Known as Prairie Rock Brewery, 127 South Grove Avenue Mike Origer, one of the principals of Planned Development & Construction, Inc. , briefed the Commission on the plans for the aforementioned restaurant brewery. They would like for the City Council to consider changing the liquor code to permit them to be open until 4 a.m. on Friday and Saturday nights and to keg and sell the beer brewed on their premises . Discussion was held concerning these requests and whether a different class license would be more appropriate. It was agreed that Mr. Origer would make a presentation to the City Council at the June 14, 1995, meeting concerning their proposal . Commissioner Yearman made a motion, seconded by Commissioner Schock, to table the application. Yeas : Commissioners Schock, Yearman, and Mayor Kelly. Nays : None. Report Regarding Legacy's Appeal Corporation Counsel Jentsch advised the Commission that the Illinois Liquor Control Commission upheld this Commission' s decision to revoke the liquor license of Legacy' s Bar and Grill . Liquor Commission Meeting June 7, 1995 Page 2 Adjournment Commissioner Yearman made a motion, seconded by Commissioner Schock, to adjourn the meeting. Yeas : Commissioners Schock, Yearman, and Mayor Kelly. Nays : None. Meeting adjourned at 1 :40 p.m. PP414.4"..4! July 12, 1995 Dolonna Mecum, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION NOTICE OF RESCHEDULED MEETING NOTICE IS HEREBY GIVEN that the Elgin Local Liquor Control Commission has rescheduled their regular July meeting from July 5, 1995, to July 12, 1995, at 1 p.m. in the Council Conference Room. Matters to be considered on July 12, 1995, include the application for a Class B liquor license for 415 Summit Street and the application for a Class P liquor license for 20-22 South State Street. The complete agenda for this rescheduled meeting will be provided at a later date. DATED: June 30, 1995 tomk ELGIN LIQUOR CONTROL COMMISSION MEETING Council Conference Room Rescheduled Regular Meeting 1 : 00 p.m. July 12, 1995 A. Call to Order B. Roll Call C. Approval of Minutes - June 7, 1995 D. License Applications 1 . Application of St. Joseph Church (Choir-1 PM) for Class G Liquor License for Social Dance on July 29, 1995, at 274 Division Street "' 2 . Further Consideration of Amended Application of 2 South State, Inc. for Class P Liquor License for J. J. Peppers Store at 20-22 South State Street 3 . Application of Raman G. Sakolari for Class B Liquor License for Establishment to be Known as Elgin Liquors, 415 Summit Street E. Other Business F. Adjournment ELGIN LIQUOR CONTROL COMMISSION MEETING JULY 12, 1995 The rescheduled regular meeting was called to order at 1 : 12 p.m. in the Council Conference Room by Commission Chairman Kevin Kelly. Members present: Commissioners Schack, Yearman, and Chairman Kelly. Absent: None. Approval of Minutes - June 7, 1995 Commissioner Yearman made a motion, seconded by Commissioner Schock, to approve the minutes of the June 7, 1995, meeting. Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. Application of St. Joseph Church (Choir-1 PM) for Class G Liquor License for Social Dance on July 29, 1995, at 274 Division Street Commissioner Yearman made a motion, seconded by Commissioner Schock, to approve the aforementioned application. Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays: None. Further Consideration of Amended Application of 2 South State, Inc. for Class P Liquor License for J. J. Peppers Store at 20-22 fow South State Street Assistant Corporation Counsel Gehrman briefly reviewed the history regarding an application for a liquor license for a J. J. Peppers Store at the above location. The Elgin Local Liquor Commission denied 2 South State, Inc. 's application for a liquor license. This denial was appealed to the State of Illinois Liquor Control Commission by 2 South State, Inc. The Illinois State Liquor Commission' s reversed the decision of the Elgin Liquor Commission and directed said Commission to issue a liquor license to 2 South State, Inc. upon presentation of a lease for the subject property. Such lease has now been presented. Applicant agreed to amend its application to a Class P (beer and wine only) liquor license. Commissioner Schock made a motion, seconded by Commissioner Yearman, to approve the aforementioned amended application, subject to compliance with all code and conditions . Karen Arenz stated that she realized the Commission must issue this license, but residents are frustrated by the process--especially the fact that they weren' t allowed to speak at the hearing on the appeal to the State Liquor Commission. They would like dialogue with City officials to discuss changing the procedure and giving neighbors more input. e" Commissioners Schock and Yearman stated that they believe the only relief will be through changes in the zoning regulations, such as how far apart similar businesses must be. Liquor Commission Meeting July 12, 1995 Page 2 Paul Berman questioned whether J. J. Peppers owns property that is within 90 ' of the church. Rick Heidner, one of the principals of 2 South State, Inc. , said they do not own the 66 ' lot closest to the church. Ed Schock reiterated that the Commission has no choice but to issue the license. Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. Application of Raman G. Sakolari for Class B Liquor License for Establishment to be Known as Elgin Liquors, 415 Summit Street Allen Anderson, attorney for Raman G. Sakolari, stated that the applicant plans to operate a package liquor store, which is a permitted use under the current zoning. Commissioner Yearman stated that she wasn't ready to approve this application in that there have been bad experiences previously in this area with liquor establishments . Commissioner Schock stated that his concern is saturation because of the number of establishments in the area which sell Pk.' liquor. The City has invested a lot of time and effort to deal with the problems in this area: crime, loitering, drug dealing, etc. It is a neighborhood under severe stress--well above average. There are a lot of factors which argue against adding more stress factors . Phyllis Krueger stated that nothing would be worse than a liquor store in this area. Betty Skyles works with Save our Streets, and she feels a liquor store would exploit the neighborhood. She and others in attendance presented petitions in opposition to the application. Bill Wolf, ROPE Officer, stated that when he became the resident officer three years ago, there were severe crime problems . The City has invested a lot of time and money and much has been done to make the neighborhood a better place to live. From June 1994 through June 1995 the Police Department had 113 calls at Price Rite. He believes the same thing would happen if this application is approved. Residents would like a convenience store or restaurant. Jerry Mowinski responded to Officer Wolf 's remarks about police calls to Price Rite and stated that the vast majority of those calls are for traffic stops in front of that business . The marketplace should determine what business goes in. Cheryl Beimer, works at the West Suburban Current Exchange. She said they bought the property and invested a lot of money. It Liquor Commission Meeting July 12, 1995 Page 3 is the biggest public aid station. They have also seen cleanup in the neighborhood in the last three years . She thinks a package liquor store at this location would bring additional crime. Dale Jaacks of Wayside Center stated that another dispenser of liquor to buy products that destroy lives is not needed. Liquor is already too easy to get. Dr. Carr, a dentist in the adjacent building, stated that the Commission has the right to regulate business that will affect the safety of citizens . Mike Newman, store manager for McDonald' s, stated that he doesn' t think a package liquor store is a proper business at that location because so many small children come to McDonalds . He doesn' t think it would help the perception the public has of that neighborhood. Violet Smith has an apartment building on Ann Street and stated that things have really turned around in the last three or four years . She believes the proposed business would set back the gains that have been made. Denise Hopkins, 420 Fremont, owns the property that abuts the proposed site. There was a gang sign on her garage which supposedly asserts the subject property as the territory of one of the gangs . Mark Ahrens distributed a list of package liquor establishments . James Serranto stated that he was asked to look at the property to determine the chances of success for the proposed business . He asked why the proposed liquor store should be blamed for the problems which have existed prior to a liquor store going in there. He 's seen what happens when you have empty buildings . Restaurants at this location have failed. He can't see how they can think that this business will cause all the problems they're worried about. Freda Uhrens doesn' t want to see young people who go to McDonald' s be so close to a liquor store. Frank Cerocko thinks the City should limit the number of liquor licenses . Al Kirkland said his wife works next door to the proposed site. Health, safety, welfare are the responsibility of the Liquor Commission. There are some places where liquor businesses eft- should not be located. Mary Brady, responding to Mr. Serranto' s comments, stated that the residents ' appearance at this meeting is called prevention. • Liquor Commission Meeting July 12, 1995 Page 4 That' s why they' re expressing concern about a business that isn't even there yet. Ramon Sakolari, applicant, said that he hears all their concerns and feels the pressure. He ' s seen what it used to be like in this neighborhood and how it is now. He stated that his strong management style would prevent the problems residents are concerned about. George Poulos, present owner of the property, stated that restaurants haven't been successful at this location. Rev. Marks stated that you can have all the security you want at the facility but the problems don' t happen there. They happen when the customers bring the liquor back to the neighborhood parks and other public places . Sheri Buttstadt stated that CURE has sponsored four city-wide cleanups and picked up 30 tons of garbage. The majority of the garbage was beer cans and liquor bottles . Dale Jaacks asked if something could be done so that the State Commission can' t overturn the local commission' s decision. Assistant Corporation Counsel Gehrman stated that the rules eft. would have to be changed. Ms . Krueger stated that she owns an apartment building close to the proposed site and having a liquor store there would lower the value of her property. Commissioner Schock said that the issue is public health, welfare, and safety. There is already a saturation of liquor establishments in the area. The Boys and Girls Club, a church, and Wayside Center are located in the area. He believes a liquor store would seriously jeopardize the neighborhood. Al Anderson, attorney for applicant, stated that many of the comments seem to be "anti-alcohol, " and he doesn't believe this is the issue. The property owner has certain property rights . Problems experienced by the neighborhood have been there without this business . The business should be allowed to operate. This is a mostly commercial, retail area. If the application meets the code requirements, the business should be permitted to operate. By denying the application, it means that the Liquor Commission is considering this area as a special use. This is a permitted use. The best protection is the market place. The law suggests that they be allowed to try to operate the business . He believes none of the businesses that sell liquor, except Dino' s, are "in the neighborhood. " The applicant knows the Commission would be watching and is aware he'd have to come before the Commission for renewal . Liquor Commission Meeting July 12, 1995 Page 5 Commissioner Yearman suggested that staff and City Council revisit the issue of saturation of liquor establishments in specific areas throughout the city. Chairman Kelly stated that he feels that property rights are important, and laws need to be applied equally. However, his conclusion is that revitalization is also important, and he will vote against any application for package liquor in stressed neighborhoods . Commissioner Schock made a motion, seconded by Commissioner Yearman, to approve the aforementioned application. Yeas: None. Nays : Commissioners Schock, Yearman, and Chairman Kelly. Adjournment Commissioner Yearman made a motion, seconded by Commissioner Schock, to adjourn the meeting. Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. Meeting adjourned at 2 : 30 p.m. August 11, 1995 Dolonna Mecu , Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION NOTICE OF RESCHEDULED REGULAR MEETING NOTICE IS HEREBY GIVEN that the Elgin Local Liquor Control Commission has rescheduled their regular August meeting from August 2, 1995, to August 11, 1995, at 11 a.m. in the Council Conference Room. Matters to be considered on August 11, 1995, include the application for a liquor license for Prairie Rock Brewery at 127 South Grove Avenue and the application of Santo Nombre of St. Joseph Catholic Church for a liquor license for the Septemberfest Social Dance on September 9, 1995, at 274 Division Street. The complete agenda for this rescheduled meeting will be provided at a later date. DATED: July 28, 1995 Dolonna Mecum Elgin City Clerk r a ELGIN LIQUOR CONTROL COMMISSION MEETING Council Conference Room Rescheduled Regular Meeting 11 : 00 a.m. August 11, 1995 A. Call to Order B. Roll Call C. Approval of Minutes - July 12, 1995 D. Applications : 1 . Application of Santo Nombre of St. Joseph Church for Class G Liquor License for Septemberfest Social Dance on September 9, 1995, at 274 Division Street 2 . Further consideration of Amended Application of Planned Development & Construction, Inc. for Class Q Liquor License for Prairie Rock Brewery, 127 South Grove Avenue 3 . Application of Planned Development & Construction, Inc. for Extended Hours Permit for Prairie Rock Brewery, 127 South Grove Avenue 4 . Application of AEJ Restaurant, Inc. for Extended Hours Permit at Facaccia' s Ristorante, 50 North Spring Street E. Miscellaneous Business F. Adjournment r _ i ELGIN LIQUOR CONTROL COMMISSION MEETING August 11, 1995 The rescheduled regular meeting was called to order at 11:08 a.m. in the Council Conference Room by Commission Chairman Kevin Kelly. Members present: Commissioners Schock, Yearman, and Chairman Kelly. Absent: None. Approval of Minutes - July 12, 1995 Commissioner Yearman made a motion, seconded by Commissioner Schock, to approve the minutes of the July 12, 1995, meeting. Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. Application of Santo Nombre of St. Joseph Church for Class G Liquor License for Septemberfest Social Dance to be Held on September 9, 1995, at 274 Division Street Commissioner Yearman made a motion, seconded by Commissioner Schock, to approve the aforementioned application. Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. em- Further Consideration of Amended Application of Planned Development & Construction, Inc. for Class Q Liquor License for Prairie Rock Brewery, 127 South Grove Avenue Commissioner Schock made a motion, seconded by Commissioner Yearman, to approve the aforementioned amended application. Yeas : Commissioners Schack and Chairman Kelly. Nays : Commissioner Yearman. Application of Planned Development & Construction, Inc. for Extended Hours Permit for Prairie Rock Brewery, 127 South Grove Avenue Referring to the applications of both Prairie Rock Brewery and Facaccia' s Ristorante, Commissioner Yearman stated that she is against the Extended Hours Permit in general and that her voting against the applications has nothing to do with the owners of the businesses and wished them success with their venture. Chairman Kelly, pointed out that the Extended Hours Permit is for a one-year period only and reminded the applicants that the commission has the ability to withdraw the license. The commission is counting on the licensees to pay close attention to the events occurring in their establishments and to work with f the police that will be on duty to minimize and "nip in the bud" any problems . ELGIN LIQUOR CONTROL COMMISSION MEETING Council Conference Room Regular Meeting 1:00 p.m. September 6, 1995 A. Call to Order B. Roll Call C. Approval of Minutes - August 11, 1995 D. License Applications: 1. Applications of Elgin Community College for Class G Liquor License at Business Conference Center, 1700 Spartan Drive, for following events: (a) ECC Foundation Golf Outing Luncheon on September 19, 1995 (b) Visiting Chef Dinners on September 14, 1995, November 14, 1995, January 30, 1996, and March 19, 1996 (c) Annual Gourmet Dinner on April 19, 1996 2 . Application of Mattie M. Jones for Class A Liquor License for a Bar to be Known as The Horse Shoe, 15 North State Street 3. Application of Carmello R. Villanueva for Class A Liquor License for a Bar to be Known as Foxhole, 158 North Street 4 . Application of DeLara's, Inc. for Class A Liquor License for a Banquet Hall to be Known as LaMovida De Elgin, 840 North State Street 5 . Application of Elgin Entertainment Enterprises, Inc. for Class E Liquor License for a Restaurant-Night Club to be Known as Club Crocker, 96 South Grove Avenue r . t ELGIN LIQUOR CONTROL COMMISSION MEETING rigiw SEPTEMBER 6, 1995 The meeting was called to order at 1:05 p.m. in the Council Conference Room by Commission Chairman Kevin Kelly. Members present: Commissioners Schock, Yearman, and Chairman Kelly. Absent: None. Approval of Minutes - August 11, 1995 Commissioner Yearman made a motion, seconded by Commissioner Schock, to approve the minutes of the August 11, 1995 , meeting. Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. Elgin Community College Applications for Class G Liquor License for Various Events at Business Conference Center, 1700 Spartan Drive Commissioner Yearman made a motion, seconded by Commissioner Schock, to approve the applications for the following: ECC Foundation Golf Outing Luncheon on September 19, 1995 Visiting Chef Dinners on September 14, 199, November 14, 1995, January 30, 1996, and March 19, 1996 Annual Gourmet Dinner on April 19 , 1996 Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. Application of Mattie M. Jones for Class A Liquor License for a Bar to be Known as The Horse Shoe, 15 North State Street and Application of Carmello R. Villanueva for Class A Liquor License for a Bar to be Known as Foxhole, 158 North Street and Application of DeLara's, Inc. for Class A Liquor License for a Banquet Hall to be Known as LaMovida De Elgin, 840 North State Street and Liquor Commission Meeting September 6 , 1995 Page 2 Application of Elgin Entertainment Enterprises, Inc. for Class E Liquor License for a Restaurant-Night Club to be Known as Club Crocker, 96 South Grove Avenue Commissioner Schock made a motion, seconded by Commissioner Yearman, to table the four aforementioned applications (Agenda Items D2-D5) . Commissioner Schock stated that he made this motion because of a discussion held by the Council at its August 23, 1995, meeting and the fact that a proposed resolution is on the agenda for the September 13, 1995, Council meeting calling for a moratorium on the issuance of new licenses for 60 days while a complete review of the City' s legislation regarding liquor sales is undertaken. Commissioner Schock said that based on the foregoing, he believed it would be inappropriate for this Liquor Commission to take any action on the aforesaid applications at this time. Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. Discussion Concerning Police Reports Regarding Sale of Liquor to Minor at Price Rite Liquor, St. Charles Street, and Speedway #7514, Big Timber Road emk Commissioner Schock made a motion, seconded by Commissioner Yearman, directing Assistant Corporation Counsel Cogley to schedule a public hearing regarding the aforementioned alleged allegations involving Price Rite Liquor and Speedway #7514 . Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. Adjournment Commissioner Yearman made a motion, seconded by Commissioner Schock, to adjourn the meeting. Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. Meeting adjourned at 1 : 10 p.m. September 27, 1995 Dolonna Mecum, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION MEETING Council Conference Room Regular Meeting 1:00 p.m. September 6, 1995 A. Call to Order B. Roll Call C. Approval of Minutes - August 11, 1995 D. License Applications: 1. Applications of Elgin Community College for Class G Liquor License at Business Conference Center, 1700 Spartan Drive, for following events: (a) ECC Foundation Golf Outing Luncheon on September 19, 1995 (b) Visiting Chef Dihners on September 14, 1995, November 14, 1995, January 30, 1996, and March 19, 1996 (c) Annual Gourmet Dinner on April 19, 1996 2 . Application of Mattie M. Jones for Class A Liquor License for a Bar to be Known as The Horse Shoe, 15 North State Street 3. Application of Carmello R. Villanueva for Class A Liquor License for a Bar to be Known as Foxhole, 158 North Street - 4 . Application of DeLara's, Inc. for Class A Liquor License for a Banquet Hall to be Known as LaMovida De Elgin, 840 North State Street 5 . Application of Elgin Entertainment Enterprises, Inc. for Class E Liquor License for a Restaurant-Night Club to be Known as Club Crocker, 96 South Grove Avenue r E. Other Business 6 . Discussion ,vf -`olice Reports (Previously Furnished) Concern*IncT Sa'.°=. of Liquor to Minor +4.scel'. t;, P. Adjournment ELGIN LIQUOR CONTROL COMMISSION MEETING t SEPTEMBER 6, 1995 The meeting was called to order at 1 : 05 p.m. in the Council Conference Room by Commission Chairman Kevin Kelly. Members present: Commissioners Schock, Yearman, and Chairman Kelly. Absent: None. Approval of Minutes - August 11, 1995 Commissioner Yearman made a motion, seconded by Commissioner Schock, to approve the minutes of the August 11, 1995, meeting. Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. Elgin Community College Applications for Class G Liquor License for Various Events at Business Conference Center, 1700 Spartan Drive Commissioner Yearman made a motion, seconded by Commissioner Schock, to approve the applications for the following: ECC Foundation Golf Outing Luncheon on September 19 , 1995 Visiting Chef Dinners on September 14, 199, November 14, 1995, January 30, 1996 , and March 19 , 1996 Annual Gourmet Dinner on April 19, 1996 Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. Application of Mattie M. Jones for Class A Liquor License for a Bar to be Known as The Horse Shoe, 15 North State Street and Application of Carmello R. Villanueva for Class A Liquor License for a Bar to be Known as Foxhole, 158 North Street and Application of DeLara's, Inc. for Class A Liquor License for a Banquet Hall to be Known as LaMovida De Elgin, 840 North State Street and rink Liquor Commission Meeting September 6, 1995 Page 2 Application of Elgin Entertainment Enterprises, Inc. for Class E Liquor License for a Restaurant-Night Club to be Known as Club Crocker, 96 South Grove Avenue Commissioner Schock made a motion, seconded by Commissioner Yearman, to table the four aforementioned applications (Agenda Items D2-D5) . Commissioner Schock stated that he made this motion because of a discussion held by the Council at its August 23, 1995, meeting and the fact that a proposed resolution is on the agenda for the September 13, 1995, Council meeting calling for a moratorium on the issuance of new licenses for 60 days while a complete review of the City' s legislation regarding liquor sales is undertaken. Commissioner Schock said that based on the foregoing, he believed it would be inappropriate for this Liquor Commission to take any action on the aforesaid applications at this time. Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. Discussion Concerning Police Reports Regarding Sale of Liquor to Minor at Price Rite Liquor, St. Charles Street, and Speedway #7514, Big Timber Road eow Commissioner Schock made a motion, seconded by Commissioner Yearman, directing Assistant Corporation Counsel Cogley to schedule a public hearing regarding the aforementioned alleged allegations involving Price Rite Liquor and Speedway #7514 . Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. Adjournment Commissioner Yearman made a motion, seconded by Commissioner Schock, to adjourn the meeting. Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. Meeting adjourned at 1 : 10 p.m. September 27, 1995 Dolonna Mecum, Recording Secretary Date Approved Amok ELGIN LIQUOR CONTROL COMMISSION MEETING Council Conference Room Regular Meeting 1 : 00 p.m. October 4 , 1995 A. Call to Order B. Roll Call C. Approval of Minutes - September 6 , 1995 D. Applications : 1 . St. Thomas More School Parent/Teacher Organization Application for Class G Liquor License for Columbus Fall Festival (Octoberfest) on October 13, 1995, at 1625 West Highland Avenue 2 . Elgin Entertainment Enterprises, Inc. , d/b/a/ Club Crocker Application for Rehearing E. Public Hearings : 1 . Regarding Kalm, Inc . , d/b/a Price Rite Liquors, 1816 St. Charles Street, Class B Liquor License - Violation of Elgin Municipal Code 6 . 06 . 140 and 6 . 16 . 150 - Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee 2 . Regarding Emro Marketing Company, d/b/a Speedway #7514, 1570 Big Timber Road, Class B Liquor License - Violation of Elgin Municipal Code 6 . 06 . 140 and 6 . 16 . 150 - Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee F. Other Business Miscellaneous G. Adjournment ELGIN LIQUOR CONTROL COMMISSION MEETING OCTOBER 4, 1995 The meeting was called to order at 1 : 00 p.m. in the Council Conference Room by Commission Chairman Kevin Kelly. Members present: Commissioners Schock, Yearman, and Chairman Kelly. Absent: None. Approval of Minutes - September 6, 1995 Commissioner Yearman made a motion, seconded by Commissioner Schock, to approve the minutes of the September 6, 1995, meeting. Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. Application of St. Thomas More School Parent/Teacher Organization Application for Class G Liquor License for Columbus Fall Festival (Octoberfest) on October 13, 1995, at 1625 West Highland Avenue Commissioner Yearman made a motion, seconded by Commissioner Schock, to approve the aforementioned application. Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. Elgin Entertainment Enterprises, Inc. , d/b/a Club Crocker eft. Application for Rehearing Assistant Corporation Counsel Cogley advised the Commission that no action was taken at the Commission' s last meeting on the application for a liquor license filed by Elgin Entertainment Enterprises, Inc. in anticipation of the moratorium which the City Council subsequently passed. Mr. Cogley stated that he believes the Application for Rehearing is not in order in that the application for liquor license was not heard. Further, there is no provision in the Elgin Municipal Code for reconsidering a decision of the Local Liquor Commission. Commissioner Schock made a motion, seconded by Commissioner Yearman, finding that the Application for Rehearing is out of order and is hereby denied. Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. Public Hearing Regarding Kalm, Inc. , d/b/a Price Rite Liquors, 816 St. Charles Street, Class B Liquor License - Violation of Elgin Municipal Code 6 .06. 140 and 6 .06 . 150 - Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee Jerry Mowinski, President and shareholder of Kalm, Inc. , appeared pursuant to the Notice of Hearing with reference to the aforementioned violation. Said licensee was also represented by Attorney Allen Anderson. Assistant Corporation Counsel Cogley advised the Commission that a stipulation has been executed by Mr. Mowinski stipulating that the allegations and matters set forth in the Complaint dated • Liquor Commission Meeting October 4 , 1995 Page 2 r September 21, 1995, relating to sale of alcoholic liquor to a minor by agent and employee of license did occur. Mr. Cogley also stated that there have been two prior incidents involving this establishment which occurred on May 1, 1987 , and April 30, 1993 . A $1, 000 fine was imposed for each of these incidents . Attorney Anderson presented information to the Commission regarding steps taken by Mr. Mowinski in an effort to prevent incidents of this nature. Each employee receives a manual which requires that driver' s licenses be checked. The employee involved in the subject incident violated the terms of the manual, and he was fired when the incident became known to Mr. Mowinski . Mr. Anderson requested that the Commission consider a fine rather than suspension or revocation. Commissioner Yearman made a motion, seconded by Commissioner Schock, to impose a fine of $1, 000 plus the court reporter' s cost for the hearing. Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. A complete transcript of the proceedings is available from the court reporting firm of Janson Reporting and Record Copy Service, Elgin, Illinois . rak Public Hearing Regarding Emro Marketing Company, d/b/a Speedway #7514, 1570 Big Timber Road, Class B Liquor License - Violation of Elgin Municipal Code 6 .06 . 140 and 6. 16 . 150 - Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee Assistant Corporation Counsel Cogley advised the Commission that licensee has retained the law firm of Clausen Miller, which has filed a motion for continuance. Commissioner Yearman made a motion, seconded by Commissioner Schock, to table the aforementioned public hearing to the December meeting. Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. Consideration of Requests to Change Sunday Hours for Sale of Package Liquor The Commission was advised that a letter has been received from American Drug Store, d/b/a/ Osco Drug, requesting that they be allowed to begin selling liquor at 8 a.m. rather than noon on Christmas Eve (December 24 ) and New Years Eve (December 31) . These holidays, which fall on Sunday this year, represent their busiest days of the year. Commissioner Yearman stated that she had also been contacted by Roger Riebock, owner of Town Liquor, asking that consideration be given to permanently changing the service hours for package liquor sales on Sunday. Except for package liquor sale establishments, all other liquor establishments are permitted to begin selling liquor at 9 a.m. on Sundays . Mr. Riebock was present and said that he has contacted other package liquor establishments who are in favor or the change. Business is Liquor Commission Meeting October 4 , 1995 Page 3 being lost to neighboring communities who permit earlier sale of liquor on Sundays . Assistant Corporation Counsel Cogley advised the Commission that an amendment to the municipal code would be required either for extending the hours for special circumstances, such as Christmas Eve and New Years Eve falling on Sunday this year, or to permanently change the package liquor sale hours to be the same as the hours for sale of liquor for on-premises consumption. Mr. Cogley was directed to include consideration of these requests on the list of subject matters to be discussed regarding amendments to the liquor chapter of the municipal code. Consideration of Policy Regarding Change of Date for Special Event Liquor Licenses A discussion was held regarding the procedure to be followed when there is a change in the date of a special event for which a liquor license has previously been approved. The Commission indicated it had no objection to the date being changed after Commission approval as long as the date on the certificate of insurance and any other supporting documents was also changed. �* Commissioner Schock made a motion, seconded by Commissioner Yearman, to authorize the Mayor, as Chairman of the Liquor Commission, to amend the date on a liquor license for a special event as long as the date on all supporting documents is also changed. Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. Miscellaneous Jerry Mowinski asked the Commission whether it would be possible to have a member of the liquor industry involved in reviewing the proposed amendments to the liquor code. Commissioner Yearman suggested that a copy of the proposed liquor code be sent to all licensees . This would permit everyone involved to give their comments to the Law Department. Adjournment Commissioner Schock made a motion, seconded by Commissioner Yearman, to adjourn the meeting. Yeas: Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. Meeting adjourned at 1 : 28 p.m. November 1, 1995 Dolonna Mecum, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION emk NOTICE OF RESCHEDULED MEETING NOTICE IS HEREBY GIVEN that the Elgin Local Liquor Control Commission has rescheduled their regular November 1, 1995, meeting from 1 : 00 p.m. to 4 : 50 p.m. in the Council Conference Room. The purpose of this meeting is to consider the matters set forth in the agenda below. DATED: October 27 , 1995 Dolonna Mecum Elgin City Clerk ork ELGIN LIQUOR CONTROL COMMISSION RESCHEDULED MEETING Council Conference Room Rescheduled Regular Meeting 4 : 50 p.m. November 1, 1995 A. Call to Order B. Roll Call C. Approval of Minutes of October 4 , 1995, Meeting D. License Application of St. Joseph Catholic Church - Santo Nombre, 274 Division Street, for Class G License for Social Dance to be held November 25, 1995 E . Miscellaneous Business F. Adjournment ELGIN LIQUOR CONTROL COMMISSION MEETING NOVEMBER 1, 1995 The meeting was called to order at 4 :53 p.m. in the Council Conference Room by Commission Chairman Kevin Kelly. Members present: Commissioner Schock and Chairman Kelly. Absent: Commissioner Yearman. Approval of Minutes - October 4, 1995 Commissioner Schock made a motion, seconded by Chairman Kelly, to approve the minutes of the October 4, 1995, meeting. Yeas : Commissioner Schock and Chairman Kelly. Nays : None. License Application of St. Joseph Catholic Church - Santo Nombre, 274 Division Street, for Class G License for Social Dance to be Held November 25, 1995 Commissioner Schock made a motion, seconded by Chairman Kelly, to approve the aforementioned application. Commissioner Schock and Chairman Kelly. Nays : None. Adjournment eft- Commissioner Schock made a motion, seconded by Chairman Kelly, to adjourn the meeting. Commissioner Schock and Chairman Kelly. Nays : None. Meeting adjourned at 4 :55 p.m. December 7 , 1995 Dolonna Mecum, Recording Secretary Date Approved eimbk NOTICE OF SPECIAL MEETING Elgin Liquor Control Commission NOTICE IS HEREBY GIVEN that the Local Liquor Control Commission will conduct a special meeting on Monday, November 27, 1995 at 3 : 30 p.m. , in the Council Conference Room, located in the North Tower, Elgin City Hall, 150 Dexter Court, Elgin, Illinois . The purpose of this meeting is to consider the matters set forth in the agenda below. DATED: November 15, 1995 Dolonna Mecum Elgin City Clerk ELGIN LIQUOR CONTROL COMMISSION MEETING COUNCIL CONFERENCE ROOM SPECIAL MEETING 3 : 30 p.m. NOVEMBER 27, 1995 A. CALL TO ORDER B. ROLL CALL C. PUBLIC DISCUSSION REGARDING PROPOSED AMENDMENTS TO ELGIN' S LIQUOR CODE D. ANNOUNCEMENTS E. ADJOURNMENT esk ELGIN LIQUOR CONTROL COMMISSION SPECIAL MEETING NOVEMBER 27, 1995 The special meeting was called to order at 3 : 47 p.m. in the Council Conference Room by Commission Chairman Kevin Kelly. Members present: Commissioners Schock (arrived at 3 :51 p.m. ) , Commissioner Yearman, and Chairman Kelly. Absent: None. Public Discussion Regarding Proposed Amendments to Elgin's Liquor Code Assistant Corporation Counsel Cogley stated that a number of the proposed changes are editorial, including renaming and reorganizing the various license classes . He outlined the significant proposed changes which are as follows : Deletion of Class AA, effective April 30, 1996 . Convenience stores and gasoline service stations being prohibited from selling hard liquor. License for not-for-profit clubs expanded to include adjoining outside areas and accessory buildings . ew Adding new Class E-1 for smaller restaurants in the CC1 Center City Zoning District and east of the Fox River. Adding requirement that 50% or more of the gross revenue be from serving meals and 50% or more of the floor area be utilized for dining room areas for Class E and E-1 establishments and adding record keeping requirement to document compliance. Establishing a license class for catering businesses . Restricting the number of licenses for Classes A, B and B-1 . New application requirements . Conditional use approval required for Class B and B-1 establishments . Authorizing the Liquor Commission Chairman to grant Class H and I (special event) licenses without conducting a public hearing. Increasing the fine amount the Liquor Commission may impose from $1, 000 to $2,000 and permitting the Liquor Commission "' to revoke or suspend a license and assess a fine. Current license holders and applicants addressed the Commission regarding their concerns with the proposed changes . Liquor Commission Meeting November 27, 1995 Page 2 Jerry Mowinski, President of Kalm, Inc. , holder of liquor licenses for three Price Rite stores, stated that the $10, 000 additional fee for package liquor stores was added when the prior limitation on package liquor licenses was deleted. He doesn't think it makes any sense to continue the requirement for the "$10,000 punishment" if the number of package liquor licenses is now going to be restricted. He questioned how "convenience store" was going to be defined. He asked what the reason was for the site plan requirement and stated that he believes it is an unfair requirement for existing establishments because of the high cost for having site plans prepared. He also believes it is an invasion of privacy to require applicants to furnish non-traffic violation information. He also questioned why the conditional use requirement only applied to the package liquor license classes . He pointed out that Section 6 . 06 . 140(M) , which prohibits the public or patrons to remain on the licensed premises after sale of liquor is prohibited, presents problems for those establishments which are open 24 hours a day, such as Jewel/Osco and Eagle. Technically, these establishments are in violation under the current Liquor Code. Kim Kearney, attorney for Emro Marketing, owner/operator for Speedway, is concerned about the proposed provision prohibiting the sale of hard liquor at convenience stores and gasoline stations . She said that even though the sale of hard liquor accounts for only 10 percent, this would adversely affect their profit margin. She has been very involved with other communities regarding the issue of sale of liquor at convenience stores . All their research indicates that there is no correlation between incidents of driving while intoxicated or crime as a result of liquor sold at convenience stores and gas stations . She presented the Commission with copies of literature and studies regarding this subject. She also stated that the President ' s Commission on DUI has not once recommended any kind of site ban. Gene Toth, owner of Facaccia' s, asked whether a provision could be added allowing current licensees to cater at locations other than their licensed premises without also having to obtain the additional catering license and pay the additional fee. He also stated that he is concerned about the proposed provision to change the distance from 100 ' to 200 ' that a liquor establishment must be from a church or school . He believes his restaurant would be within 200 ' of a church. Jerry Mowinski stated that he believes the Jewel stores are also within 200 ' of a church. Carlos Villanueva expressed concern regarding the more stringent parking requirements proposed for liquor establishments in CC1 fe` and CC2 . He questioned why liquor establishments are the only businesses being required to provide off-street parking in these zoning districts when restaurants and other businesses which generate more traffic do not have to meet these requirements . Liquor Commission Meeting November 27, 1995 Page 3 Dan Turner, owner of the Sports Pub and holder of a Class E license, expressed concern regarding the requirement that at least 50 percent of sales must be for food in Class E establishments . Commissioner Yearman advised the Commission that the Sports Pub obtained a Class E license because there were no Class A licenses available at the time Sports Pub applied. There was consensus among Commission members that current licensees should have the opportunity to obtain the appropriate license class without having to go through all the procedures required for new licensees . Assistant Corporation Counsel Cogley stated that the number of restricted licenses will be changed at license renewal time in order to accommodate establishments required to change their license class as a result of the proposed amendments . Councilman Schock also stated that it was the intent of the members of the Liquor Commission that the Council would change the number of restricted licenses on a regular basis . However, he believes that restricting the number of licenses will allow zoning issues to be addressed. After discussion, Commissioner Yearman made a motion, seconded by Commissioner Schock, to recommend that the City Council elk approve the proposed amendments to Liquor Code as set forth in the draft of Chapter 6 . 06 with certain changes to be made to the draft in accordance with earlier discussion regarding the following: a. Reclassifying existing license holders to the appropriate category without the necessity of going through the requirements for a new license. b. Defining "convenience store. " c. Establishing a license fee of $1, 300 for Class E-1 and $500 for Class P. d. Modifying the language regarding allowing persons to remain on the premises after hours for sale of liquor is prohibited to accommodate 24-hour establishments such as Jewel/Osco. e. Clarification regarding site plan requirements only pertaining to initial licenses and clarifying what is meant by "initial . " f. Adding Items 1, 2 , 3, 5, and 6 from the sheet entitled "Possible Additional Revisions Regarding the City' s Liquor Code, " which provided as follows : 1) Amend the zoning ordinance to provide that package liquor stores (Class B and B-1) are a conditional use. 2) Requirement that new Class A, B and B-2 licensed premises located in the CC1 or CC2 Center City zoning districts provide off-street parking on the licensed premises unless premises are located Liquor Commission Meeting November 27, 1995 Page 4 within 250 feet of a municipal parking lot. This requirement shall not pertain to existing licensees . 3) Expand the hours of operation for packaged liquor stores on Sunday mornings to allow packaged stores to commence sales at 9 a.m. 5) Eliminate the statutory affirmative defense regarding the sale of alcohol to persons under the age of 21 that the licensee or their employee or agent demanded and was shown and reasonably relied upon written evidence of a minor' s age. 6) Eliminate the requirement for bars that a full view of the entire interior of the premises may be had from the street. It was the consensus of the Liquor Commission regarding Item 4 not to change the distance limitation from 100 to 200 feet between a licensed premises and a church, school, etc. Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. Announcements City Clerk Mecum announced that the proposed amendments will be considered by the City Council on December 6, 1995, at its Committee of the Whole meeting at 6 : 30 p.m. , and action taken at the Council meeting at 8 : 00 p.m. The December Liquor Commission meeting has been rescheduled for Thursday, December 7, 1995, at 3 : 30 p.m. Adjournment Commissioner Yearman made a motion, seconded by Commissioner Schock, to adjourn the meeting. Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. Meeting adjourned at 5 : 10 p.m. C194-*14‹ �.vt-►^- December 7, 1995 Dolonna Mecum, Re ording Secretary Date Approved eft ELGIN LIQUOR CONTROL COMMISSION NOTICE OF RESCHEDULED MEETING NOTICE IS HEREBY GIVEN that the Elgin Local Liquor Control Commission has rescheduled their regular December 1995, meeting from December 6 to December 7, 1995, at 3 : 30 p.m. in the Council Conference Room. The purpose of this meeting is to consider the matters set forth in the attached agenda. DATED: December 5, 1995 Dolonna Mecum tow Elgin City Clerk emk ELGIN LIQUOR CONTROL COMMISSION MEETING Council Conference Room Rescheduled .3;-?C Regular Meeting -]1-8-e p.m. December 7 , 1995 A. Call to Order B. Roll Call C. Approval of Minutes : November 1, 1995, Regular Meeting November 27, 1995, Special Meeting D. Public Hearing Regarding Emro Marketing Company, d/b/a Speedway #7514 , 1570 Big Timber Road, Class B Liquor License - Violation of Elgin Municipal Code 6 . 06 . 140 and 6 . 16 . 150 - Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee E . License Applications : 1 . Application of Mattie M. Jones for Class A Liquor License for a Tavern to be Known as The Horse Shoe, ems" 15 North State Street 2 . Application of Carmello R. Villanueva for Class A Liquor License for a Pub to be Known as Foxhole Pub, 158 North Street 3 . Application of DeLara' s, Inc. for Class A Liquor License for a Banquet Hall to be Known as LaMovida De Elgin, 840 North State Street 4 . Application of Elgin Entertainment Enterprises, Inc. for Class E Liquor License for a Restaurant-Night Club to be Known as Club Crocker, 96 South Grove Avenue 5 . Application of Juliot, Inc. for Class E Liquor License for a Restaurant/Banquet Facility to be known as Elliot ' s Restaurant, 1055 N. Randall Road F. Other Business 1 . Request Regarding Relocation of Wing Park Liquor Within Wing Park Shopping Center 2 . Miscellaneous G. Adjournment ELGIN LIQUOR CONTROL COMMISSION MEETING DECEMBER 7, 1995 The regular rescheduled meeting was called to order at 3 :40 p.m. in the Council Conference Room by Commission Chairman Kevin Kelly. Members present: Commissioners Schock (arrived at 3 :50 p.m. ) , Yearman, and Chairman Kelly. Absent: None. Approval of Minutes Commissioner Yearman made a motion, seconded by Chairman Kelly, to approve the minutes of the November 1, 1995, regular meeting and the November 27, 1995, special meeting. Yeas : Commissioner Yearman and Chairman Kelly. Nays : None. Public Hearing Regarding Emro Marketing Company, d/b/a Speedway #7514, 1570 Big Timber Road, Class B Liquor License - Violation of Elgin Municipal Code 6.06. 140 and 6. 16. 150 - Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee Michael Vittori from the law firm of Clausen Miller, representing Emro Marketing, and Pat Shea, District Manager for Emro Marketing, appeared pursuant to the Notice of Hearing with reference to the aforementioned violation. Assistant Corporation Counsel Cogley advised the Commission that Emro Marketing Company has stipulated that the allegations and matters set forth in the Complaint dated September 21, 1995, relating to sale of alcoholic liquor to a minor by agent and employee of licensee did occur. Mr. Cogley also stated that there have been two prior, similar incidents involving this establishment. The first one occurred in 1987, for which a fine of $750 was imposed, and the second one occurred in 1993, for which licensee was required to pay a $1, 000 fine plus court reporter fee. Attorney Vittori advised the Commission that Emro Marketing is very concerned about the sale of liquor to minors, and he outlined the training received by all employees and the company' s policy regarding verification of customers ' ages . Commissioner Yearman made a motion, seconded by Chairman Kelly, to impose a fine of $2,000 plus the court reporter' s fee for the hearing. Yeas : Commissioner Yearman and Chairman Kelly. Nays: None. Commissioner Schock answered present. A complete transcript of the proceedings is available from the court reporting firm of Janson Reporting and Record Copy Service, Elgin, Illinois . Liquor Commission Meeting December 7, 1995 Page 2 Application of Mattie M. Jones for Class A Liquor License for a Tavern to be Known as The Horse Shoe, 15 North State Street Assistant Corporation Counsel Cogley advised the Commission that this application does not comply with the requirement in the newly-adopted Liquor Code that establishments located in the CC1 Center City Zoning District with a Class A license furnish off-site parking. Commissioner Schock made a motion, seconded by Commissioner Yearman, to deny the aforementioned application based on it not meeting the off-site parking requirements . Yeas : Commissioners Yearman, Schock, and Mayor Kelly. Nays : None. Application of Carmelo R. Villanueva for Class A Liquor License for a Pub to be Known as Foxhole Pub, 158 North Street Commissioner Yearman made a motion, seconded by Commissioner Schock, to approve the aforementioned application, subject to conformance with all applicable codes and ordinances . Yeas : Commissioners Yearman, Schock, and Mayor Kelly. Nays : None. Application of DeLara's, Inc. for Class A Liquor License for a Banquet Hall to be Known as LaMovida De Elgin, 840 North State e Street Commissioner Schock made a motion, seconded by Commissioner Yearman, to approve the aforementioned application, subject to conformance with all applicable codes and ordinances . Yeas : Commissioners Yearman, Schock, and Mayor Kelly. Nays : None. Application of Juliot, Inc. for Class E Liquor License for a Restaurant/Banquet Facility to be known as Elliot's Restaurant, 1055 N. Randall Road Commissioner Yearman made a motion, seconded by Commissioner Schock, to approve the aforementioned application, subject to conformance with all applicable codes and ordinances . Yeas : Commissioners Yearman and Schock. Nays : None. Chairman Kelly answered present. Application of Elgin Entertainment Enterprises, Inc. for Class E Liquor License for a Restaurant-Night Club to be Known as Club Crocker, 96 South Grove Avenue Anthony Buttitta, President of Elgin Entertainment Enterprises, Inc. , represented by Attorney Robert Weber, presented testimony describing the proposed layout for the building, plans for a restaurant with live entertainment, a sports bar, and a gourmet restaurant. Liquor Commission Meeting December 7, 1995 Page 3 Arthur Sheridan, real estate broker and appraiser, and Joseph Abel, Planning, Zoning, and Economic Development Consultant, testified regarding the appropriateness and benefits of having a restaurant with live entertainment in the downtown area and stated that the health, safety, and welfare of the public would be protected. Commission members asked questions regarding the type of entertainment planned, what other investors are involved in the proposed development, and specifically what areas in the establishment are planned to be used for dining, entertainment, kitchen, etc. Lieutenant Scott Davis stated that he had been requested to conduct research concerning the subject application. He was advised by Detective Thomas Moran of the Miami Beach Police Department that Anthony Buttitta had told him he was the owner of Club One in Miami Beach. Lieutenant Davis presented a business card, forwarded to him by Detective Moran, which designated Anthony Buttitta as the owner of Club One. Lieutenant Davis also outlined various violations cited at Club One, also known as Club Coco Bongo, in Miami Beach. Further, he stated that the liquor license for Club One was revoked for failure to file tax returns and timely payment of taxes . few- Mr. Buttitta stated that the aforementioned business card had been made up as a joke, and he was not a director, shareholder, or officer in the corporation which held the liquor license for Club One in Miami Beach. Several citizens stated their objections to the proposed business . Chairman Kelly asked Assistant Corporation Cogley whether the subject application was in order for approval . Mr. Cogley stated that it was his opinion that the application did not conform to the City' s ordinances, and he stated the reasons as follows : It would appear that the establishment, as described in the testimony of Mr. Buttitta, is more in the nature of a Class A establishment--not a Class E-- by the way he has described it, and a Class A is not permitted down at this property. I suggest that he is probably asking for a Class E because he knows he can't get a Class A. That is under Elgin Municipal Code 6 . 06 .090(D) . Second - the site plan they have submitted to you does not conform to the requirements in 6 . 06 . 070(B) . One of the principal reasons for that was to establish and lock in specific dining area to make sure it meets with the 50 percent requirement, to make sure that the nature of the establishment, especially for Liquor Commission Meeting December 7, 1995 Page 4 restaurants, was as represented and we don't have to rely on anybody' s recollection as to that. This does not comply and serves as grounds to deny at this time. Third - the information, and this is an original document and not a hearsay document, is the business card indicating that he is the owner of Club One, and he has stated that he is an officer of this applicant corporation (Elgin Entertainment Enterprises, Inc. And we have evidence that he is the owner of a liquor license establishment which had a previous revocation in Florida. He has indicated in paragraph 12 of his application "none, " which would be false or misleading information, which also serves as a basis for denial . Commissioner Yearman made a motion, seconded by Commissioner Schock, to deny the application of Elgin Entertainment Enterprises, Inc. for a Class E liquor license based on the above three reasons as stated by Mr. Cogley. Yeas : Commissioners Yearman, Schock, and Mayor Kelly. Nays : None. Request Regarding Relocation of Wing Park Liquor Within Wing Park Shopping Center Pravin Vyas, owner of Wing Park Liquor, stated that his store is located at the back of the Wing Park Shopping Center. He was recently robbed at gunpoint, and he wants to change locations within the Wing Park Shopping Center so that he will be in the front area. Because of the fear factor on behalf of his customers and employees, he wants to move immediately. He asked that he be allowed to move from one unit to another within the shopping center without the necessity of having to obtain a conditional use permit, as now required by the ordinance passed by the Council last night. Assistant Corporation Counsel Cogley stated that the Commission needs to determine whether this move within the shopping center would be considered a change of location pursuant to Elgin Municipal Code 6 . 06 . 130 . If so, it would be necessary to file a new application and go through the procedure for obtaining a conditional use permit. Commissioner Yearman made a motion, seconded by Commissioner Schock, to allow Wing Park Liquor to move from one unit to another within the Wing Park Shopping Center (without the necessity of filing a new application or obtaining a conditional use permit) , provided the insurance is transferred properly and all other necessary documents are furnished. Yeas : Commissioners Yearman, Schock, and Mayor Kelly. Nays : None. Liquor Commission Meeting December 7, 1995 Page 5 re` Adjournment Commissioner Yearman made a motion, seconded by Commissioner Schock, to adjourn the meeting. Yeas: Commissioners Yearman, Schock, and Mayor Kelly. Nays : None. Meeting adjourned at 5 : 30 p.m. Q �,.• February 7, 1996 Dolonna Mecum, Recording Secretary Date Approved r ra.