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HomeMy WebLinkAbout1996 Liquor Commission ELGIN LIQUOR CONTROL COMMISSION NOTICE OF CANCELLATION OF MEETING NOTICE IS HEREBY GIVEN that the January 3, 1996, regularly scheduled meeting of the Liquor Control Commission has been cancelled. DATED: December 22 , 1995 t CITY OF ELGIN By Dolonna Mecum Elgin City Clerk ELGIN LIQUOR CONTROL COMMISSION MEETING Council Conference Room Regular Meeting 1 : 00 p.m. February 7, 1996 A. Call to Order B. Roll Call C. Approval of Minutes - December 7 , 1995, Meeting D. License Applications : 1 . Apple South, Inc . for Class E Liquor License for a Restaurant to be Known as Applebee ' s Neighborhood Grill & Bar, 125 South Randall Road 2 . Mark S . Hogan for Class E-1 Liquor License for a Restaurant to be Known as Sidelines, 66 South Grove Avenue E . Other Business 1 . Police Report Regarding Sale of Liquor to a Minor at Price Rite Liquor, 815 St. Charles Street 2 . Miscellaneous F. Adjournment ELGIN LIQUOR CONTROL COMMISSION MEETING FEBRUARY 8, 1996 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 - December 7, 1995 Commissioner Yearman made a motion, seconded by Commissioner Schock, to approve the minutes of the December 7 , 1995, meeting. Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. Application of Apple South, Inc. for Class E Liquor License for a Restaurant to be Known as Applebee's Neighborhood Grill & Bar, 125 South Randall Road Commissioner Yearman made a motion, seconded by Commissioner Schock, to approve the aforementioned application, subject to receipt of all documents required for licensing and compliance with all codes . Yeas : Commissioners Schock, Yearman, and (0. Chairman Kelly. Nays : None. Application of Mark S. Hogan for Class E-1 Liquor License for a Restaurant to be Known as Sidelines, 66 South Grove Avenue Commissioner Yearman made a motion, seconded by Commissioner Schock, to approve the aforementioned application, subject to receipt of all documents required for licensing and compliance with all codes . Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. Discussion of Police Report Regarding Sale of Liquor to a Minor at Price Rite Liquor, 815 St. Charles Street Commissioner Schock made a motion, seconded by Commissioner Yearman, to hold a public hearing on the aforementioned report at the next regular scheduled meeting, March 6, 1996, at 1 p.m. Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. Discussion Regarding Purchase of Liquor by Minors A discussion was held concerning a police report dated January 5, 1996, regarding statement made by a minor to his mother that Town Liquor at 300 S. McLean Boulevard frequently sells liquor to minors . Owner Roger Riebock advised the Commission that upon further investigation by the police department, the minor who had made the allegation admitted that he had lied about purchasing the beer at Town Liquor. He had asked someone outside the liquor store to purchase the beer for him. Liquor Commission Meeting February 7 , 1996 Page 2 em- Mr. Riebock also advised the Council that he has turned over to the Police Department more than 50 pieces of false or incorrect identification that he has confiscated. He suggested that the Police Department conduct a "sting" operation to arrest underage people who attempt to purchase liquor by having an undercover officer in the liquor establishment at times when minors are most likely to attempt to purchase alcohol, such as during spring break, Christmas vacation, etc . Mr. Riebock also requested that liquor licensees be notified after the Police Department conducts a "sting" operation at their establishment and owners/employees refuse to sell to minors . This would enable owners to commend employees for following the proper procedures . Jerry Mowinski advised the Commission that he has on a number of occasions made reports to the police about minors attempting to purchase liquor, and the police do not follow up. Mr. Mowinski said that Schaumburg and some other municipalities perform checks of every liquor establishment once a year, and he suggests that Elgin consider this practice. Commissioner Yearman stated that she would like to know what elk action is taken against the minor and/or parents in every instance when a minor has been caught purchasing liquor. Assistant Corporation Counsel Cogley stated that frequently minors are asked to testify against the liquor licensee in exchange for an agreement to drop charges against the minor. Status of Club Crocker Appeal Assistant Corporation Counsel Cogley advised the Commission that a hearing will be held before the Illinois Liquor Control Commission on February 14 , 1996, concerning the appeal of Club Crocker. 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 : 35 p.m. /g°4 L414. March 6, 1996 Dolonna Mecum, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION MEETING Council Conference Room Regular Meeting 1 : 00 p.m. March 6, 1996 A. Call to Order B. Roll Call C. Approval of Minutes - February 7, 1996 D. Public Hearing Regarding Kalm, Inc. , d/b/a Price Rite Liquors, 816 St. Charles Street, Class B Liquor License - Violation of Elgin Municipal Code Sections 6 . 06 . 140K, 6 . 06 . 150A and 6 . 06 . 150H - Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee E. License Applications : 1 . Pagrati ' s, Inc . for Class E Liquor License for a Restaurant and Lounge to be known as John' s Place, 835 Summit Street 2 . M-R Shooters, Inc. for Class A Liquor License for a Bar and Grill to be Known as M-R Shooters, 992 St. Charles Street F. Other Business 1 . Request of James Joseph to Increase Number of Class B-1 Liquor Licenses 2 . Request of Shreyas Shah to Increase Number of Class B or B-1 Liquor Licenses (no attachment) 3 . Discussion of Police Reports 96-02-1343 and 96-02-1346 Regarding Sale of Liquor to Minor 4 . Miscellaneous r'' G. Adjournment ELGIN LIQUOR CONTROL COMMISSION MEETING MARCH 6, 1996 The meeting was called to order at 1 :05 p.m. in the Council Conference Room by Commission Chairman Kevin Kelly. Members present: Commissioner Yearman and Chairman Kelly. Absent: Commissioner Schock. Approval of Minutes - February 7, 1996 Commissioner Yearman made a motion, seconded by Chairman Kelly, to approve the minutes of the February 7, 1996, meeting. Yeas : Commissioner Yearman and Chairman Chairman. 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 Sections 6 .06 . 140K, 6.06. 150A and 6.06. 150H - Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee Assistant Corporation Counsel Cogley stated that Kalm, Inc. , d/b/a as Price Rite Liquors, has stipulated that the allegations set forth in the Complaint dated February 20, 1996, relating to the sale of alcoholic liquor to a minor by agent and employee of r' licensee did occur. Mr. Cogley also stated that this is the fourth occurrence of this nature at this location. Jerry and Diane Mowinski, shareholders and officers of Kalm, Inc. , apologized to the Commission for having to appear before it again and stated that they take the sale of liquor to minors very seriously. They have tried everything they can to make sure that their employees do not sell to minors . However, in view of what has occurred, they are going to sell this facility Commissioner Yearman made a motion, seconded by Chairman Kelly, to impose a fine of $2, 000 plus the cost of the court reporter and any other costs associated with the hearing. Yeas : Commissioner Yearman and Chairman Chairman. Nays : None. Application of Pagrati ' s, Inc. for Class E Liquor License for a Restaurant and Lounge to be known as John' s Place, 835 Summit Street Assistant Corporation Counsel Cogley stated that state statutes prohibit the issuance of a liquor license for one year when a liquor license has been revoked for an establishment. He reported that the State of Illinois Liquor Control Commission set aside its revocation for failure to file and pay retailer' s occupation tax returns . However, this does not affect the City' s revocation. He further stated that a strict application of the statutory prohibition against the issuance of a new Liquor Commission Meeting March 6, 1996 Page 2 license would be to commence the calculation of the one-year period at the time the premises were closed by the City on January 26 , 1996 . The most liberal application of the statutory prohibition would be to commence the calculation at the time the State Liquor Control Commission affirmed the revocation and the automatic stay expired, which was August 11, 1995 . The Liquor Commission indicated it would follow the liberal interpretation and advised the applicant that it would be necessary to him to come back before the Commission at a later date to have his application considered. M-R Shooters, Inc. for Class A Liquor License for a Bar and Grill to be Known as M-R Shooters, 992 St. Charles Street (n/k/a Leitner's) Chairman Kelly indicated that he was hesitant about approving this application because of the past history of problems at this location. Commissioner Yearman stated that she thought it would be difficult for the new owners to get rid of the problem clientele. However, she also stated that it would be preferable to have new owners rather than renewing the liquor license for the current owner. She also expressed concern about using the word "shooters" in the name of a business . So that the full Liquor Commission can consider this application, Commissioner Yearman made a motion, seconded by Chairman Kelly, to table further consideration of this application until the next meeting. Yeas : Commissioner Yearman and Chairman Chairman. Nays : None. Request of James Joseph to Increase Number of Class B-1 Liquor Licenses James Joseph did not appear, so his request was not considered at this time. However, a discussion was held concerning the procedure to be followed by prospective licensees for Classes B and B-1 in that the recent amendment to the Liquor Code requires conditional use approval before an initial Class B or B-1 license can be considered or granted. Chairman Kelly stated that the City should make it as easy and inexpensive as possible for a prospective licensee to find out whether they can obtain a license. He said the purpose of this provision was to give the City Council broad discretion as to where package liquor establishments are located. He directed the Clerk to advise prospective licensees to appear before the Liquor Commission to make a detailed presentation of their plans . The Liquor Commission would then give a preliminary indication of whether it was likely or not that the City Council would approve the conditional use petition and increase the number of Class B or B-1 licenses to accommodate Liquor Commission Meeting March 6 , 1996 Page 3 the proposed establishment. Assistant Corporation Cogley advised the Liquor Commission to be cautious in giving preliminary indication of how it would act on a future application. Request of Shreyas Shah to Increase Number of Class B or B-1 Liquor Licenses City Clerk Mecum indicated that Mr. Shah had requested his request be removed from the agenda. Scheduling April Meeting for Consideration of Applications for Renewal of Liquor Licenses By consensus, the Commission rescheduled its April meeting for April 24 , 1996 , at 1 p.m. , at which time it will consider applications for renewal of liquor licenses and other matters . Discussion of Police Reports Regarding Sale of Liquor to a Minor at Price Rite Liquors, 1055 N. Liberty Street, and at Super Saver Food Mart, 776 Walnut Avenue Commissioner Yearman made a motion, seconded by Chairman Kelly, directing that complaints be filed and scheduled for public " hearing regarding the aforementioned police reports for the next meeting on April 24 , 1996, at 1 p.m. Discussion Regarding Request to Amend Elgin Municipal Code to Permit Sale of Alcohol Liquor Outdoors on Private Property The Elgin Municipal Code currently prohibits the sale, service, or consumption of alcoholic liquor on the adjoining outside areas of licensed premises except for those establishments which have obtained an exterior sales permit for a beer garden, Hemmens , and clubs who have a Class C license. Pedro DeLara, owner/manager for LaMovida of Elgin located at 840 North State Street, requested that the Liquor Commission consider making a recommendation to the City Council to amend the Liquor Code to permit the sale of alcohol outdoors at special events held in the outdoor areas adjoining licensed establishments . The Commission discussed the request and asked that Mr. Cogley prepare a draft ordinance for their review at the next meeting permitting such events . Discussion was also held concerning Prairie Rock Brewing Company' s tentative plans to hold a brewfest on Prairie Street. Mr. Cogley stated that such an event would be permitted under the current Liquor Code if the City of Elgin is a sponsor. He recommended that special events on public property be limited to noncommercial use. Liquor Commission Meeting March 6, 1996 Page 4 Adjournment Commissioner Yearman made a motion, seconded by Chairman Kelly, to adjourn the meeting. Yeas : Commissioner Yearman and Chairman Chairman. Nays : None. Meeting adjourned at 1 : 58 p.m. April 24, 19 9 6 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 April meeting from April 3, 1996 to April 24 , 1996, at 1 p.m. in the Council Conference Room. Matters to be considered on April 24 , 1996 , include renewal applications for 1996-1997 , applications for new licenses , and public hearing on complaints for sale of liquor to minors . The complete agenda for this rescheduled meeting will •• he provided at a later date. DATED: March 29 , 1996 Dolonna Mecum City Clerk rift ELGIN LIQUOR CONTROL COMMISSION NOTICE OF RESCHEDULED MEETING NOTICE IS HEREBY GIVEN that the Elgin Local Liquor Control Commission has rescheduled their regular April 1996 meeting from April 3, 1996 , to April 24 , 1996, at 1 : 00 p.m. in the Council Conference Room. The purpose of this meeting is to consider the matters set forth in the attached agenda . DATED: April 19 , 1996 Dolonna Mecum enk Elgin City Clerk tek ELGIN LIQUOR CONTROL COMMISSION MEETING Council Conference Room Rescheduled Regular Meeting 1 : 00 p.m. April 24, 1996 A. Call to Order B. Roll Call C. Approval of Minutes - March 6 , 1996 D. Public Hearings : 1 . Saya Enterprises, Inc . , d/bla Super Saver Food Mart, 776 Walnut Avenue, Class B Liquor License - Violations of Elgin Municipal Code - Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee 2 . Kalm, Inc . , d/b/a Price Rite Liquors, 1055 N. Liberty Street, Class B Liquor License - Violations of Elgin Municipal Code - Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee E. License Applications : 1 . Continued Consideration Regarding M-R Shooters, Inc. for a Class A Liquor License for a Bar and Grill to be Known as M-R Spirits (Name Changed) , 992 St. Charles Street 2 . K.S.M.P . , Inc . for a Class B-1 Liquor License for a Service Station and Mini-Mart to be known as K.S.M.P. Inc. at 816 St. Charles Street (n/k/a Price Rite Liquors) F. Consideration of Applications for Renewal for Liquor License for Period from May 1, 1996 through April 30, 1997 (Material to be Furnished at Meeting) G. Other Business 1 . Discussion Regarding Proposed Ordinance Providing for Outside Event Permit and Amending Class I License Regulations 2 . Miscellaneous H. Adjournment ELGIN LIQUOR CONTROL COMMISSION NOTICE OF RESCHEDULED MEETING NOTICE IS HEREBY GIVEN that the Elgin Local Liquor Control Commission has rescheduled their regular April meeting from April 3, 1996 to April 24 , 1996 , at 1 p.m. in the Council Conference Room. Matters to be considered on April 24 , 1996 , include renewal applications for 1996-1997 , applications for new licenses , and public hearing on complaints for sale of liquor to minors . The complete agenda for this rescheduled meeting will be provided at a later date. DATED: March 29, 1996 Dolonna Mecum City Clerk ELGIN LIQUOR CONTROL COMMISSION NOTICE OF RESCHEDULED MEETING NOTICE IS HEREBY GIVEN that the Elgin Local Liquor Control Commission has rescheduled their regular April 1996 meeting from April 3, 1996 , to April 24 , 1996 , at 1 : 00 p.m. in the Council Conference Room. The purpose of this meeting is to consider the matters set forth in the attached agenda. DATED: April 19 , 1996 Dolonna Mecum Elgin City Clerk ELGIN LIQUOR CONTROL COMMISSION MEETING Council Conference Room Rescheduled Regular Meeting 1 : 00 p.m. April 24 , 1996 A. Call to Order B. Roll Call C. Approval of Minutes - March 6 , 1996 D. Public Hearings : 1 . Saya Enterprises, Inc. , d/b/a Super Saver Food Mart, 776 Walnut Avenue, Class B Liquor License - Violations of Elgin Municipal Code - Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee 2 . Kalm, Inc. , d/b/a Price Rite Liquors, 1055 N. Liberty Street, Class B Liquor License - Violations of Elgin Municipal Code - Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee E . License Applications : 1 . Continued Consideration Regarding M-R Shooters, Inc. for a Class A Liquor License for a Bar and Grill to be Known as M-R Spirits (Name Changed) , 992 St. Charles Street 2 . K.S.M.P. , Inc. for a Class B-1 Liquor License for a Service Station and Mini-Mart to be known as K.S.M.P. Inc . at 816 St. Charles Street (n/k/a Price Rite Liquors) F. Consideration of Applications for Renewal for Liquor License for Period from May 1, 1996 through April 30, 1997 (Material to be Furnished at Meeting) G. Other Business 1 . Discussion Regarding Proposed Ordinance Providing for Outside Event Permit and Amending Class I License Regulations 2 . Miscellaneous H. Adjournment e ELGIN LIQUOR CONTROL COMMISSION MEETING APRIL 24, 1996 The rescheduled regular 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 - March 6, 1996 Commissioner Yearman made a motion, seconded by Commissioner Schock, to approve the minutes of the March 6 , 1996 , meeting. Yeas : Commissioner Yearman and Chairman Kelly. Nays : None. Commissioner Schock abstained. Public Hearing Regarding Saya Enterprises, Inc. , d/b/a Super Saver Food Mart, 776 Walnut Avenue, Class B Liquor License - Violations of Elgin Municipal Code - Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee on February 24, 1996 Sham Wali, President and sole shareholder for Saya Enterprises, Inc. , and Allen Anderson, his attorney, appeared pursuant to the Notice of Hearing with reference to the aforementioned violation. Assistant Corporation Counsel Cogley stated that Mr. Wali of Saya Enterprises, Inc. has stipulated that the allegations and matters set forth in the Complaint dated April 9, 1996 , relating to the sale of alcoholic liquor to a minor by agent and employee of licensee On February 24 , 1996 , did occur. Mr. Cogley also stated that there has been one prior, similar incident involving this establishment which occurred on April 15, 1992, for which the licensee was fined $750 plus costs . Mr. Wali addressed the Commission regarding the circumstances surrounding the subject incident and also regarding his efforts to improve the neighborhood and discourage drug trafficking. Commissioner Schock made a motion, seconded by Commissioner Yearman, to impose a fine of $1, 000 plus the court reporter' s fee 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 . re. Liquor Commission Meeting April 24 , 1996 Page 2 emk Public Hearing Regarding Kalm, Inc. , d/b/a Price Rite Liquors, 1055 N. Liberty Street, Class B Liquor License - Violations of Elgin Municipal Code - Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee on February 24, 1996 Jerome Mowinski, President of Kalm, Inc. , and Allen Anderson, his attorney, appeared pursuant to the Notice of Hearing with reference to the aforementioned violation. Assistant Corporation Counsel Cogley advised the Commission that the licensee has stipulated that the allegations and matters set forth in the Complaint dated April 9, 1996, relating to the sale of alcoholic liquor to a minor by agent and employee of licensee on February 24 , 1996 , did occur. Mr. Cogley also stated that there have been no prior incidents at this location, although Kalm, Inc . is the licensee of other establishments at which prior incidents have occurred. Commissioner Yearman made a motion, seconded by Commissioner Schock, to impose a fine of $1,000 plus the court reporter' s fee 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 . Continued Consideration Regarding Application of M-R Shooters, Inc. for a Class A Liquor License for a Bar and Grill to be Known as M-R Spirits (Name Changed) , 992 St. Charles Street Because certain outstanding code violations have not yet been corrected by the current owner of the subject establishment, now known as Leitner' s, the applicant requested that consideration of this application be continued until the June meeting. Consideration of Application of K.S.M.P. , Inc. for a Class B-1 Liquor License for a Service Station and Mini-Mart to be known as K.S.M.P. Inc. at 816 St. Charles Street (n/k/a Price Rite Liquors) Commissioner Yearman made a motion, seconded by Commissioner Schock, to approve the aforementioned application, subject to the license not being issued until closing on the purchase of the business, the lease being executed, and all code violations being corrected. Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. Liquor Commission Meeting April 24 , 1996 Page 3 Consideration of Applications for Renewal for Liquor Licenses for Period from May 1, 1996 through April 30, 1997 Commissioner Yearman made a motion, seconded by Commissioner Schock, to approve the applications for renewal for those establishments on List A set forth below. Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. * The asterisk indicates that proof of completion of a BASSET course has not been received for all employees . 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 * ` Club 58, 959 Villa Street * CSP Enterprises (Hemmens) * Dieterle ' s Restaurant, 550 S . McLean Boulevard * Dino ' s Finer Foods, 465 Summit Street 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 Lanes, 401 Shepard Drive Elgin Manor Restaurant, 555 N. McLean Boulevard * Elgin Riverside Club, 21 Lincoln Avenue Elgin Turners, 112 Villa Street Elliot ' s, 1055 N. Randall Road Espo' s Lanes, 37 Ceresa Drive Facaccia ' s Ristorante, 50 North Spring Street * Foxhole Pub, 158 North Street Gasthaus Zur Linde, 13 N. Grove Avenue * George' s Family Restaurant, 1279 Dundee Avenue * Grand Victoria Casino, 250 S . Grove Avenue Highland Liquors, 325 W. Highland Avenue 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 Jalapenos, 7 Clock Tower Plaza �•. JB' s Pub & Pietro' s Pizza, 297 S. McLean Boulevard LaMovida of Elgin, 840 N. State Street Liberty Liquors, 601 Cooper Avenue Los Compadres, 230 Dundee Avenue Liquor Commission Meeting April 24 , 1996 Page 4 Loyal Order of Moose 799, 70 N. State Street Marriott Management Corp. , 2500 Westfield Drive 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 Pizza Hut, 1500 Larkin Avenue 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 * Spring Garden West, 90 Tyler Creek Annex * Stop'N Go Foods, 455 Bluff City Blvd. Super Saver Foods, 776 Walnut Avenue * 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 Commissioner Yearman made a motion, seconded by Commissioner Schock, to approve the applications for renewal of the establishments on List B set forth below, subject to the City Council passing an ordinance increasing the number of Class A licenses by one and increasing the number of Class B-1 licenses by one. Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. LIST B Sports Pub, 302 S . McLean Boulevard (Class A) McLean 76 Mart, 275 S. McLean Boulevard (Class B-1 ) * Commissioner Schock made a motion, seconded by Commissioner Yearman, to approve the applications for renewal of the establishments set forth on List C below, subject to receipt of certificates of insurance. Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. t.4.. LIST C Applebee' s Neighborhood Grill, 125 S. Randall Road* Azteca De Oro Restaurant, 260 National Street * Liquor Commission Meeting April 24, 1996 Page 5 Elks Lodge 737, 18 Villa Street Noting that Azteca De Oro Restaurant failed in 1993, 1995, and 1996 to have all employees complete BASSET training, the Commission stated that they should be advised that their license would not be renewed next year unless they are in full compliance with the BASSET requirement. Commissioner Schock made a motion, seconded by Commissioner Yearman, to approve the applications for renewal of the establishments set forth on List D below, subject to the stipulation that continuation of the license after the expiration of their current lease is subject to the City Clerk being furnished with a lease through the remainder of the license period. Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. LIST D Green Jade Restaurant, 10 Tyler Creek Plaza Jake ' s Pizza, 728 W. Chicago Street Town Liquors West, 300 S. McLean Boulevard Wing Park Liquors, 1341 Manor Court Consideration of Application for Renewal of Papas Property, Inc. , d/b/a Leitner's Hamburgers, 992 St. Charles Street Ray Papas, President of Papas Property, Inc. , and Tom Rydell, attorney for licensee, appeared pursuant to the Commission' s request to discuss concerns regarding the subject establishment. Paul Slaby, Health Officer, gave testimony regarding an occupancy inspection which was conducted because of an application for liquor license having been filed by a prospective purchaser. Assistant Corporation Counsel Cogley submitted Exhibit 1 , which set forth the items which remain uncorrected. It was pointed out that the violations regarding the grease trap and mop sink only need to be corrected if the business is sold. Commissioner Schock made a motion, seconded by Commissioner Yearman, that the aforementioned application for renewal of liquor license be approved subject to the owner correcting the first five items listed in the correspondence dated April 8, 1996 prior to issuance of the 1996-1997 license, which commenced May 1, 1996 . Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. Consideration of Application for Renewal of Bernardino Robledo, d/b/a 212 Club, 212 Ball Street Bernie Robledo, licensee of the above establishment, appeared pursuant to the Commission' s request to discuss code violations which have remained uncorrected since December 1994 . Health . Liquor Commission Meeting April 24 , 1996 Page 6 Officer Slaby testified regarding inspections of the premises during the past year and a half . Assistant Corporation Counsel Cogley submitted Exhibits A and B, which listed various violations of which five remain outstanding. Commissioner Schock made a motion, seconded by Commissioner Yearman, to approve the aforementioned application, subject to strict compliance with all codes and correction of the violations set forth in the City' s exhibit. Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. Consideration of Application for Renewal of Elgin Restaurant & Lounge, Inc. , 219 E. Chicago Street Mayor Kelly stated that the owners of Elgin Restaurant have requested that they have the ability to hire police officers to patrol their establishment and the parking deck the same as the licensee who has a 4 a.m. Mayor Kelly also suggested that the police department explore the feasibility of several establishments hiring an officer to make rounds of their establishments . A discussion was held concerning this request. Attorney Allen Anderson, representing Elgin Restaurant, stated that the owners would really like to have this matter considered and pursued. They are willing to pay and believe a police officer would be much more effective than private security. Deputy Chief Heine stated that he would review this request with the Chief and other members of the staff, and report back to the Commission at a later date. Commissioner Schock made a motion, seconded by Commissioner Yearman, to approve the aforementioned application for renewal . Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. Discussion Regarding Proposed Ordinance Providing for Outside Event Permit and Amending Class I License Regulations Assistant Corporation Counsel Cogley reviewed the proposed ordinance which provides for an outside event permit on licensee ' s property limited to no more than five outside event permits for any one calendar year. Said proposed ordinance also provides that the Class I license may be issued for three consecutive days . Commissioner Yearman made a motion, seconded by Commissioner Schock, to recommend approval to the City Council of the aforementioned proposed ordinance. Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. Miscellaneous The Commission changed the time of the May 1 Liquor Commission meeting to 11 a.m. Liquor Commission Meeting April 24 , 1996 Page 7 Roger Riebock, owner of Town Liquors, thanked the Commission for following his suggestion to send a letter to those licensees who successfully pass a "sting" operation. He still believes more needs to be done to deter minors from attempting to purchase alcoholic liquor. 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 2 : 17 p.m. July 17 , 1996 Dolonna Mecum, Recording 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 May 1 , 1996 , meeting from 1 : 00 p.m. to 11 : 00 a.m. in the Council Conference Room. The purpose of this meeting is to consider the matters set forth in the agenda below. DATED: April 26 , 1996 Dolonna Mecum Elgin City Clerk ELGIN LIQUOR CONTROL COMMISSION MEETING Council Conference Room Rescheduled Regular Meeting 11 :00 a.m. May 1, 1996 A. Call to Order B. Roll Call C. License Application of Prairie Rock Brewing Company for Class 0 Liquor License for Restaurant/Micro Brewery at 127 South Grove Avenue D. Consideration of Police Report Regarding Sale of Liquor to a Minor at Price Rite Liquors, 816 St. Charles Street, and Super Saver at 776 Walnut Avenue, on April 19, 1996 E. Miscellaneous F . Adjournment ELGIN LIQUOR CONTROL COMMISSION MEETING MAY 1, 1996 The meeting was called to order at 11 : 00 a.m. in the Council Conference Room by Commission Chairman Kevin Kelly. Members present: Commissioner Yearman and Chairman Kelly. Absent: Commissioner Schock. License application of Prairie Rock Brewing Company for Class 0 Liquor License for Restaurant/Microbrewery at 127 S. Grove Avenue Commission Secretary Mecum explained that the liquor license for the above establishment had previously been held by a corporation known as Planned Development and Construction, Inc. Although the shareholders, officers, and directors of Planned Development are the same as the shareholders, officers, and directors of the applicant, Prairie Rock Brewing Company, it is necessary to go through the procedure for new license applicants in that it is a different entity. Commissioner Yearman made a motion, seconded by Chairman Kelly, to approve the aforementioned application. Yeas : Commissioner Yearman and Chairman Kelly. Nays : None. A discussion was held regarding Prairie Rock Brewing Company' s proposed plans to hold a brewfest June 14-16 . Because Prairie Rock must also apply for a state special event liquor license, Assistant Corporation Counsel Cogley stated that the Chairman of the Liquor Commission could approve the application for the local special event liquor license (Class I) , prior to but subject to acceptance by the City Council of the agreement for co-sponsorship of the event. A letter setting forth this conditional approval could be signed by the Chairman and furnished to the Illinois Liquor Control Commission with Prairie Rock 's application for a state special event license. Consideration of Police Report Regarding Sale of Liquor to a Minor at Price Rite Liquors, 816 St. Charles Street, and Super Saver at 776 Walnut Avenue, on April 19, 1996 Commissioner Yearman made a motion, seconded by Chairman Kelly, to set hearings regarding the above incidents for the regular June Liquor Commission meeting. Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. Deputy Chief Heine stated that another sting operation had been conducted at these two establishments because of the fact that they had previously failed such operations . few Commissioner Yearman asked for a status report on the licensees previous requests that charges be pressed if a minor attempts to purchase alcohol . Assistant Corporation Counsel Cogley stated - - Liquor Commission Meeting May 1, 1996 Page 2 that Roger Riebock of Town Liquor was supposed to furnish him with additional information regarding such an incident. Miscellaneous Commission Secretary Mecum reported that the 212 Club had not yet corrected all the violations, and the Commission directed her to contact the owner and also advise the Police Department that as of today no alcoholic liquor could be sold until these violations are corrected. Adjournment Commissioner Yearman made a motion, seconded by Chairman Kelly, to adjourn the meeting. Yeas : Commissioner Yearman and Chairman Kelly. Nays : None. Meeting adjourned at 11 : 20 p.m. July 27 , 1996 Dolonna Mecum, Recording Secretary Date Approved �., ELGIN LIQUOR CONTROL COMMISSION MEETING MAY 1, 1996 The meeting was called to order at 11 : 00 a.m. in the Council Conference Room by Commission Chairman Kevin Kelly. Members present: Commissioner Yearman and Chairman Kelly. Absent: Commissioner Schock. License application of Prairie Rock Brewing Company for Class 0 Liquor License for Restaurant/Microbrewery at 127 S. Grove Avenue Commission Secretary Mecum explained that the liquor license for the above establishment had previously been held by a corporation known as Planned Development and Construction, Inc. Although the shareholders, officers, and directors of Planned Development are the same as the shareholders, officers, and directors of the applicant, Prairie Rock Brewing Company, it is necessary to go through the procedure for new license applicants in that it is a different entity. Commissioner Yearman made a motion, seconded by Chairman Kelly, to approve the aforementioned application. Yeas : Commissioner Yearman and Chairman Kelly. Nays : None. A discussion was held regarding Prairie Rock Brewing Company' s proposed plans to hold a brewfest June 14-16 . Because Prairie Rock must also apply for a state special event liquor license, Assistant Corporation Counsel Cogley stated that the Chairman of the Liquor Commission could approve the application for the local special event liquor license (Class I ) , prior to but subject to acceptance by the City Council of the agreement for co-sponsorship of the event. A letter setting forth this conditional approval could be signed by the Chairman and furnished to the Illinois Liquor Control Commission with Prairie Rock' s application for a state special event license. Consideration of Police Report Regarding Sale of Liquor to a Minor at Price Rite Liquors, 816 St. Charles Street, and Super Saver at 776 Walnut Avenue, on April 19, 1996 Commissioner Yearman made a motion, seconded by Chairman Kelly, to set hearings regarding the above incidents for the regular June Liquor Commission meeting. Yeas : Commissioners Schock, Yearman, and Chairman Kelly. Nays : None. Deputy Chief Heine stated that another sting operation had been conducted at these two establishments because of the fact that they had previously failed such operations . fek Commissioner Yearman asked for a status report on the licensees previous requests that charges be pressed if a minor attempts to purchase alcohol . Assistant Corporation Counsel Cogley stated Liquor Commission Meeting May 1, 1996 Page 2 that Roger Riebock of Town Liquor was supposed to furnish him with additional information regarding such an incident. Miscellaneous Commission Secretary Mecum reported that the 212 Club had not yet corrected all the violations, and the Commission directed her to contact the owner and also advise the Police Department that as of today no alcoholic liquor could be sold until these violations are corrected. Adjournment Commissioner Yearman made a motion, seconded by Chairman Kelly, to adjourn the meeting. Yeas : Commissioner Yearman and Chairman Kelly. Nays : None. Meeting adjourned at 11 : 20 p.m. P°41.00•41. -- July 27 , 1996 Dolonna Mecum, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION NOTICE OF SPECIAL MEETING Notice is hereby given that the Local Liquor Control Commission will hold a special meeting on May 23, 1996 , at 1 : 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: May 20, 1996 Dolonna Mecum Elgin City Clerk ELGIN LIQUOR CONTROL COMMISSION MEETING Council Conference Room Special Meeting 1 : 00 p.m. May 23, 1996 A. Call to Order B. Roll Call C. Application by Prairie Rock Brewing Company for an Exterior Sales Permit D. Adjournment ELGIN LIQUOR CONTROL COMMISSION MEETING May 23, 1996 The Special Meeting was called to order at 1 : 00 p.m. in the Council Conference Room by Commission Chairman Kevin Kelly. Members present: Commissioners Walters and Chairman Kelly. Absent: Commissioner Yearman Application by Prairie Rock Brewing Company for an Exterior Sales Permit Bill Cogley reviewed the application, the proposed license agreement, and the modifications made by the Engineering Department regarding the proposed fencing for the outdoor cafe. In order for Prairie Rock to have the outdoor cafe in operation for the Memorial Day weekend, there must be a signed license agreement in place, a certificate of insurance in place, and compliance with the modifications suggested by Engineering. In addition, City Council will consider this application at both the Committee of the Whole and City Council Meetings on June 12, 1996 . Scott Lager, representing Prairie Rock Brewing Company, stated he will have their attorney review the license agreement today and return it to the City Clerk' s office today if possible. Commissioner Walters made a motion, seconded by Chairman Kelly, to approve the application for an Exterior Sales Permit subject to a signed license agreement accepting the terms of the license agreement, insurance in place and acceptance of the proposed changes made by Engineering regarding the fencing. Yeas : Commissioner Walters and Chairman Kelly. Nays : None. Adjournment Commissioner Walters made a motion, seconded by Chairman Kelly, to adjourn the meeting. Yeas : Commissioner Walters and Chairman Kelly. Nays : None. The meeting adjourned at 1 : 25 p.m. ki%7e1-/ July 17, 1996 Sue Deputy Y p y City Clerk Date Approved ELGIN LIQUOR CONTROL COMMISSION MEETING Council Conference Room Regular Meeting 1 : 00 p.m. June 5, 1996 A. Call to Order B. Roll Call C. Approval of Minutes : 1 . April 24 , 1996 , Regular Rescheduled Meeting 2 . May 1, 1996 , Regular Rescheduled Meeting 3 . May 23, 1996 , Special Meeting D. Public Hearings : 1 . Kalm, Inc . , d/b/a Price Rite Liquors, 816 St. Charles Street, Class B Liquor License - Violations of Elgin Municipal Code - Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee on April 19, 1996 2 . Saya Enterprises, Inc . , d/b/a Super Saver Food Mart, 776 Walnut Avenue, Class B Liquor License - Violations of Elgin Municipal Code - Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee on April 19, 1996 E. Applications : 1 . Application of Carmelo Villanueva, d/b/a Foxhole Pub, for Exterior Sales Permit at 158 North Street for Beer Garden 2 . Application of Asian World Food, Inc. for a Class E Liquor License for an establishment to be Known as Asian World Food Thai & Chinese Restaurant at 415 Summit Street E . Other Business Miscellaneous F. Adjournment ELGIN LIQUOR CONTROL COMMISSION MEETING JUNE 5, 1996 The meeting was called to order at 1 : 00 p.m. in the Council Conference Room. Members present: Commissioners Walters and Yearman. Absent: Chairman Kelly. Appointment of Chairman Pro Tem In the absence of Chairman Kelly, Commissioner Walters made a motion, seconded by Commissioner Yearman, to appoint Commissioner Yearman as Chairman Pro Tem. Yeas : Commissioners Walters and Yearman. Nays : None. Approval of Minutes Due to Chairman Kelly' s absence and the fact that Commissioner Walters was just recently appointed to the Commission, Commissioner Walters made a motion, seconded by Commissioner Yearman, to defer approval of the April 24 , May 1, and May 23, 1996 , minutes to the next meeting. Yeas : Commissioners Walters and Yearman. Nays : None. Public Hearing Regarding Kalm, Inc. , d/b/a Price Rite Liquors, f 816 St. Charles Street, Class B Liquor License - Violations of Elgin Municipal Code - Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee on April 19, 1996 Jerome Mowinski , President of Kalm, Inc. , and Allen Anderson, his attorney, appeared pursuant to the Notice of Hearing with reference to the aforementioned violation. Assistant Corporation Counsel Cogley advised the Commission that this incident was as a result of a Police Department "sting" operation. The licensee has filed a stipulation acknowledging that the allegations set forth in the Complaint relating to the sale of alcoholic liquor to a minor by agent and employee of the licensee on April 19 , 1996 , did occur. Mr. Cogley stated that there have been five prior incidents of this nature involving this licensee, of which four occurred at this location. Mr. Anderson advised the Commission that Mr. Mowinski had expected to sell this establishment. However, the buyer decided not to proceed with the purchase. Mr. Mowinski informed the Commission that the employee who sold the liquor to the minor was a new employee still in training, and he was not supposed to work at the counter. However, when the other employee went to the back of the store, it became busy, and the trainee decided on his own volition to work the counter. Commissioner Walters stated that he is very concerned about the fact that there have been three incidents involving this licensee in the past year, and he recommended imposing the Liquor Commission Meeting June 5 , 1996 Page 2 eft- maximum fine of $2, 000 plus suspending the license for three days . Mr. Mowinski stated that this would represent a substantial loss in revenue and asked that the Commission not impose a suspension for this incident. Commissioner Yearman recommended imposing a $2 , 000 fine with the understanding that if there are any further incidents, a suspension will be imposed. Commissioner Walters made a motion, seconded by Commissioner Yearman, to impose a fine of $2 ,000 plus the court reporter' s fee for the hearing, and a stipulation that any future incidents would involve a license suspension. Yeas : Commissioners Walters and Yearman. Nays : None. Public Hearing Regarding Saya Enterprises, Inc. , d/b/a Super Saver Food Mart, 776 Walnut Avenue, Class B Liquor License - Violations of Elgin Municipal Code - Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee on April 19, 1996 Sham Wali, President and sole shareholder for Saya Enterprises, Inc . , and Allen Anderson , his attorney, appeared pursuant to the Notice of Hearing with reference to the aforementioned violation. Assistant Corporation Counsel Cogley state that this incident was also a result of a Police Department "sting" operation, and the licensee has entered into a stipulation acknowledging that the allegations set forth in the Complaint relating to the sale of alcoholic liquor to a minor by agent and employee of the licensee on April 19, 1996 , did occur. Mr. Cogley stated that there have been two prior incidents of this nature at this establishment. Attorney Anderson advised the Commission that the sale of liquor is not the primary source of revenue at this establishment but is offered as a convenience for people who come in to buy other products . Mr. Wali stated that he has been very aggressive regarding educating employees concerning the sale of liquor to minor. However, he has experienced a high rate of employee turnover. He asked that the Commission be lenient and consider imposing a fine of $1,200 rather than the $2 , 000 maximum. Commissioner Yearman made a motion, seconded by Commissioner Walters, to assess a fine of $2 ,000 plus the cost of the court reporter for the hearing. Yeas: Commissioners Walters and Yearman. Nays : None. Application of Asian World Food, Inc. for a Class E Liquor License for a Restaurant to be Known as Asian World Food Thai & Chinese Restaurant at 415 Summit Street Attorney John Steffen, representing the applicant, Asian World Food, Inc . , presented notification from Fox River Water Liquor Commission Meeting June 5, 1996 Page 3 Reclamation District (FRWRD) that the applicant will be allowed to operate with an outdoor grease and solids separator less than 1,000 gallons . Said notification was entered as Exhibit #1 . Public Officer Slaby stated FRWRD had informed him they had approved use of the current grease and solids separator subject to the condition that the restaurant operators will sign a document agreeing to have a service come in regularly to pump out the tank. Commissioner Walters made a motion, seconded by Commissioner Yearman, to approve the aforementioned application for a Class E liquor license, subject to the City Clerk receiving a signed Outside Grease and Solids Separator (Trap) Notification, correction of all code violations set forth in Code Administration Department May 23, 1996 , correspondence to applicant, and compliance with all further legal requirements . Yeas : Commissioners Walters and Yearman. Nays : None. Application of Carmelo Villanueva, d/b/a Foxhole Pub, for Exterior Sales Permit at 158 North Street for Beer Garden Commissioner Yearman asked whether the parking area would be reduced as a result of the beer garden. Carlos Villanueva, Manager of Foxhole Pub, stated that this area is not used for e/.. parking. Commissioner Walters made a motion, seconded by Commissioner Yearman, to approve the aforesaid application for an exterior sales permit, subject to compliance with all zoning regulations . Yeas : Commissioners Walters and Yearman. Nays : None. Miscellaneous City Clerk Mecum advised the Commission that M-R Shooters, Inc . ' s application for the establishment located at 992 St. Charles Street and K.S.M.P. , Inc . ' s application for the mini-mart located at 816 St. Charles Street have been withdrawn. Adjournment Commissioner Walters made a motion, seconded by Commissioner Yearman, to adjourn the meeting. Yeas : Commissioners Walters and Yearman. Nays : None. Meeting adjourned at 1 :45 p.m. 44714‘,412..._ fit(2-44400"-- July 17 , 1996 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 its regular July meeting from July 3, 1996 to July 17 , 1996 , at 1 p.m. in the Council Conference Room. Matters to be considered on July 17 , 1996, include an application filed by Southside Annie ' s , Inc . for a Class A liquor license for an establishment located at 550 South McLean Boulevard currently known as Dieterle ' s Restaurant. The complete agenda for this rescheduled meeting will be provided at a later date. DATED: June 28 , 1996 Dolonna Mecum City Clerk ELGIN LIQUOR CONTROL COMMISSION MEETING Council Conference Room Rescheduled Regular Meeting 1 : 00 p.m. July 17 , 1996 A. Call to Order B. Roll Call C . Approval of Minutes : 1 . April 24 , 1996 , Regular Rescheduled Meeting 2 . May 1 , 1996, Regular Rescheduled Meeting 3 . May 23, 1996 , Special Meeting 4 . June 5, 1996, Regular Meeting D. License Applications 1 . Application of Southside Annie' s, Inc . for Class A Liquor License for Establishment to be Known as Booker' s Backyard, located at 550 South McLean Boulevard (n/k/a Dieterle ' s Restaurant) 2 . Application of Marco A. Diaz for Class E-1 Liquor License for Restaurant to be Known as La Puesta Del Sol, 165 East Highland Avenue E . Other Business Miscellaneous F. Adjournment