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HomeMy WebLinkAbout1997 Liquor Commission ELGIN LIQUOR CONTROL COMMISSION MEETING Council Conference Room Rescheduled Regular Meeting 1 :00 p.m. January 8, 1997 A. Call to Order B. Roll Call C. Approval of Minutes : December 4, 1996, Regular Meeting December 30, 1996, Special Meeting D. Public Hearing Regarding Kalm, Inc. , d/b/a/ Price Rite Liquors, 816 St. Charles Street, Holder of Class B Liquor License: Violation of Elgin Municipal Code Sections 6 . 06 . 140 and 6 . 06 . 150 - Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee E. Other Business 1 . Discussion of Deputy Police Chief Heine' s Memorandum dated December 23, 1996, Regarding Sale of Liquor to Minor 2 . Miscellaneous F. Adjournment em- ELGIN LIQUOR CONTROL COMMISSION MEETING JANUARY 8, 1997 The rescheduled regular meeting was called to order at 1 p.m. in the First Floor Conference Room by Commission Chairman Kevin Kelly. Members present: Commissioners Walters, Yearman, and Chairman Kelly. Absent: None. Approval of Minutes Commissioner Yearman made a motion, seconded by Commissioner Walters, to approve the minutes of the December 4, 1996, regular meeting and the December 30, 1996 , special meeting. Yeas : Commissioners Walters, Yearman, and Chairman Kelly. Nays : None. Public Hearing Regarding Kalm, Inc. , d/b/a/ Price Rite Liquors, 816 St. Charles Street, Holder of Class B Liquor License: Violation of Elgin Municipal Code Sections 6 .06. 140 and 6.06. 150 -- Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee Jerome Mowinski, President of Kalm, Inc . , and Allen Anderson, his attorney, appeared pursuant to the Notice of Hearing with reference to the aforementioned violation. (Pk Assistant Corporation Counsel Cogley advised the Commission that this incident was as a result of a Police Department "sting" operation. There have been a number of prior incidents of selling liquor to a minor at this establishment. Mr. Mowinski has agreed to the entry of a stipulation and agreed order admitting the allegations and waiving his right to appeal the order. He has also agreed to a three-day suspension to be served on a Thursday, Friday and Saturday and payment of a $2 , 000 fine. Attorney Anderson addressed the Commission regarding the circumstances surrounding the incident . Mr. Mowinski again apologized for the repeated incidents at this location and questioned whether the training regarding sale of liquor to a minor in the BASSET course is sufficient. Commissioner Yearman made a motion, seconded by Commissioner Walter, to accept the stipulation and to entry of the agreed order. Yeas : Commissioners Walters, Yearman, and Chairman Kelly. Nays : None. Thereafter, Chairman Kelly entered the Stipulation and Agreed Order. A complete transcript of the proceedings is available from the court reporter firm of Janson Reporting and Record Copy Service, Elgin, Illinois . Liquor Commission Meeting January 8, 1997 Page 2 r Discussion of Deputy Police Chief Heine's Memo Dated December 23, 1996, Regarding Sale of Liquor to a Minor Deputy Chief Heine' s memo reflects that on December 18, 1996 , the Police Department conducted investigations of ten liquor licensee establishments . Eight out of the ten establishments refused to sell to minors . The two establishments that did sell liquor to minors were Dino ' s Finer Foods at 465 Summit Street and Butera Finer Foods at 3 Clock Tower Plaza. Commissioner Walters made a motion, seconded by Commissioner Yearman, to direct Assistant Corporation Counsel Cogley to initiate charges against Dino's and Butera. Yeas : Commissioners Walters, Yearman, and Chairman Kelly. Nays : None. Adjournment Commissioner Yearman made a motion, seconded by Commissioner Walters , to adjourn the meeting. Yeas : Commissioners Walters, Yearman, and Chairman Kelly. Nays : None. Meeting adjourned at 1 :22 p.m. March 5, 1997 Dolonna Mecum, Recording Secretary Date Approved r ELGIN LIQUOR CONTROL COMMISSION NOTICE OF CANCELLATION OF MEETING NOTICE IS HEREBY GIVEN that the February 5, 1997, regularly scheduled meeting of the Liquor Control Commission has been cancelled. DATED: January 31, 1997 CITY OF ELGIN By Dolonna Mecum Elgin City Clerk ELGIN LIQUOR CONTROL COMMISSION MEETING First Floor Conference Room Regular Meeting 1 : 00 p.m. March 5, 1997 A. Call to Order B. Roll Call C. Approval of Minutes - January 8, 1997 D. Public Hearings : 1 . Regarding Dino ' s Finer Foods, Inc. , 465 Summit Street, Holder of Class B Liquor License; Violation of Elgin Municipal Code Sections 6 . 06 . 140 and 6 . 06 . 150 - Sale of Alcoholic Liquor to a Minor by Agent and Employee of License; and Violation of Section 6 . 06 . 115 - Failure to Provide for Required BASSET Training for Employee and Agent 2 . Regarding Butera Finer Foods, 3 Clock Tower Plaza, Holder of Class B Liquor License; Violation of Elgin Municipal Code Sections 6 . 06 . 140 and 6 . 06 . 150 - Sale of Alcoholic Liquor to a Minor by Agent and Employee of License; and Violation of Section 6 . 06 . 115 - Failure to Provide for Required BASSET Training for Employee and Agent E. Other Business 1 . Correspondence from Helen Logothetes of Athena Enterprises, Ltd. Regarding Name Change 2 . Discussion of April Meeting Date(s) 3 . Miscellaneous F. Adjournment p ELGIN LIQUOR CONTROL COMMISSION MEETING MARCH 5, 1997 The meeting was called to order at 1 : 00 p.m. in the First Floor Conference Room by Commission Chairman Kevin Kelly. Members present: Commissioners Walters , Yearman, and Chairman Kelly. Absent: None. Approval of Minutes - January 8, 1997 Commissioner Yearman made a motion, seconded by Commissioner Walters, to approve the aforementioned minutes . Yeas : Commissioners Walters, Yearman, and Chairman Kelly. Nays : None. Public Hearing Regarding Dino's Finer Foods, Inc. , 465 Summit Shareholder of Class B Liquor License; Violation of Elgin Municipal Code Sections 6.06. 140 and 6 .06. 150 - Sale of Alcoholic Liquor to a Minor by Agent and Employee of License; and Violation of Section 6 .06 . 115 - Failure to Provide for Required BASSET Training for Employee and Agent Assistant Corporation Counsel Cogley advised the Commission that the City is requesting a continuance due to a scheduling conflict with one of the City' s witnesses . Commissioner Yearman ,,,, made a motion, seconded by Commissioner Walters, to continue the above public hearing to the rescheduled April meeting on April 23, 1997 , at 1 : 00 p.m. Public Hearing Regarding Butera Finer Foods, 3 Clock Tower Plaza, Holder of Class B Liquor License; Violation of Elgin Municipal Code Sections 6 .06. 140 and 6 .06 . 150 - Sale of Alcoholic Liquor to a Minor by Agent and Employee of License; and Violation of Section 6 .06 . 115 - Failure to Provide for Required BASSET Training for Employee and Agent Butera Finer Foods manager, John Termine, 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. There have been no prior offenses of this nature at this establishment . A stipulation has been entered into by the store acknowledging the allegations set forth in the complaint. Mr. Termine advised the Commission that the employee who sold the liquor to the minor has been terminated. He described the store ' s procedures to prevent the sale of liquor to a minor including having employees sign a statement prior to receiving each paycheck acknowledging they are aware of the consequences of the sale of liquor to a minor. Liquor Commission Meeting March 5, 1997 Page 2 Commissioner Yearman made a motion, seconded by Commissioner Walters, to assess a fine of $750 . 00 plus the costs of the proceeding. Yeas : Commissioners Walters, Yearman, and Chairman Kelly. Nays : None. A complete transcript of the proceedings is available from the court reporter firm of Janson Reporting and Record Copy Service, Elgin, Illinois . Correspondence from Helen Logothetes of Athena Enterprises, Ltd. Regarding Name Change The Liquor Commission was advised that the restaurant formerly known as John' s Place located at 835 Summit Street has changed its name to Summit Restaurant and Lounge. Discussion Regarding Increasing Amount of Deposit for Public Meeting Signs Liquor Commission Secretary Mecum advised the Commission that the public meeting signs which are required to be posted regarding liquor license applications are not always returned, and the cost of replacement is now over $140 . Currently the Liquor Code requires a deposit of $50, and she suggested the Liquor Code be amended to increase the deposit to at least cover eft the replacement cost of the signs . Commissioner Walters made a motion, seconded by Commissioner Yearman, that a recommendation be forwarded to the City Council to amend the Liquor Code to increase the amount of the public meeting sign deposit to $200 per sign. Yeas : Commissioners Walters, Yearman, and Chairman Kelly. Nays : None. Discussion Regarding Amending Liquor Code to Require Posting of All Liquor Licenses Assistant Corporation Cogley suggested that the Liquor Code be amended to require posting of the City and State Liquor Licenses in a conspicuous place at the licensed establishment. Although state statutes currently require such posting, it would be much easier to process a violation of a local ordinance than the state statute. Commissioner Walters made a motion, seconded by Commissioner Yearman, that a recommendation be forwarded to the City Council to amend the Liquor Code to add a requirement for posting of all liquor licenses . Yeas : Commissioners Walters , Yearman, and Chairman Kelly. Nays : None. tom s Liquor Commission Meeting March 5, 1997 Page 3 Miscellaneous Jerome Mowinski of Kalm, Inc . advised the Commission that he has sold his business located at 816 St. Charles Street, and he turned in his Class B-1 liquor license for said location. Roger Riebock of Town Liquors asked that the Police Department vigorously prosecute minors who attempt to purchase liquor. A discussion was held regarding this matter and the difficulty of enforcement. Deputy Police Chief Heine asked for time to investigate what can be done in this regard. Commissioner Yearman asked whether anything further is being done regarding the incident which occurred at Elgin Lanes . Deputy Chief Heine stated that further investigation was conducted. However, it would be difficult to prove the allegations . Adjournment Commissioner Yearman made a motion, seconded by Commissioner Walters, to adjourn the meeting. Yeas : Commissioners Walters, Yearman, and Chairman Kelly. Nays : None. eft Meeting adjourned at 1 : 32 p.m. April 23, 1997 Do onna Mecum, Recording Secretary Date Approved eft r ELGIN LIQUOR CONTROL COMMISSION NOTICE OF RESCHEDULED MEETING NOTICE IS HEREBY GIVEN that the Elgin Local Liquor Control Commission has rescheduled its regular April meeting from April 2, 1997 , to April 23, 1997 , at 1 p.m. in the First Floor Conference Room of the City Hall South Wing, 150 Dexter Court, Elgin, Illinois . Matters to be considered on April 23, 1997 , include consideration of the applications for renewal of liquor licenses for 1997-1998, an application filed by White Hen Pantry for a Class B-1 liquor license for a store located at 1024 S. McLean Boulevard, and a public hearing regarding Dino' s Finer Foods, Inc . , 465 Summit Street, with reference to complaint for violation of the liquor code. The complete agenda for this rescheduled meeting will be provided at a later date. DATED: March 28, 1997 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 its regular May meeting from May 7 , 1997, to May 13, 1997 , at 1 p.m. in the First Floor Conference Room of the City Hall South Wing, 150 Dexter Court, Elgin, Illinois . Matters to be considered on May 13, 1997 , include consideration of the following applications : R-Delight, Inc . for Class A liquor license for Hoopers Sports Bar and Grill, 975 N. McLean Boulevard Lone Star Steakhouse and Saloon of Springfield, Inc. for Class E liquor license for Lone Star Steakhouse & fek Saloon, 155 South Randall Road Elgin Buns, Inc . for Class F liquor license for Schlotzsky' s Deli, 280 South Randall Road The complete agenda for this rescheduled meeting will be provided at a later date. DATED: May 2, 1997 Dolonna Mecum City Clerk rft . ELGIN LIQUOR CONTROL COMMISSION MEETING First Floor Conference Room Rescheduled Regular Meeting 1 : 00 p.m. April 23, 1997 A. Call to Order B. Roll Call C. Approval of Minutes - March 5 , 1997 D. Applications : 1 . Withdrawal by QASWAA, Inc. of their Application for Class B-1 Liquor License for Business Known as St. Charles Amoco, 816 St. Charles Street 2 . Application of Chicago Buns, Inc . for Class F Liquor License for Establishment to be Known as Schlotzsky' s Deli, 210 Randall Road 3 . Application of Foxhole Pub, Inc. for Class A Liquor License and Exterior Sales Permit (Beer Garden) for Establishment Known as Foxhole Pub, 158 North Street 4 . Application of Elgin River East Entertainment, Inc . for Class A Liquor License for Establishment to be Known as The Mission, 209 1/2 East Chicago Street 5 . Application of Got The Cookie, Inc. for Exterior Sales Permit ( Beer Garden) for Establishment Known as Club 58, 959 Villa Street 6 . Consideration of Applications for Renewal of Liquor Licenses for the Period May 1 , 1997 through April 30, 1998 (Material to be Furnished) E . Public Hearing Regarding Dino ' s Finer Foods, Inc . , 465 Summit Street, Holder of Class B Liquor License; Violation of Elgin Municipal Code Sections 6 . 06 . 140 and 6 . 06 . 150 - Sale of Alcoholic Liquor to a Minor by Agent and Employee of License; and Violation of Section 6 . 06 . 115 - Failure to Provide for Required BASSET Training for Employee and Agent foft F. Other Business 1 . Consideration of Deputy Chief Heine ' s Memorandum dated April 7 , 1997, With Reference to Investigations Regarding Unlawful Sales of Liquor to Minors 2 . Consideration of Request of Derald R. Bethard, Jr. for Establishment of Liquor License Class Allowing for Liquor Sales Via the Internet 3 . Consideration of Draft Ordinance Amending the Liquor Code to Provide for a Special Event Permit 4 . Consideration of Amendment Regarding Application and License Fee Procedure (No attachment) 5 . Miscellaneous G. Adjournment eft ELGIN LIQUOR CONTROL COMMISSION MEETING APRIL 23, 1997 The meeting was called to order at 1 : 10 p.m. in the Employee ' s Lunch Room in the South Wing of City Hall by Commission Chairman Kevin Kelly. Members present: Commissioners Walters, Yearman, and Chairman Kelly. Absent : None. Approval of Minutes - March 5, 1997 Commissioner Yearman made a motion, seconded by Commissioner Walters, to approve the minutes of the March 5, 1997 , regular meeting. Yeas : Commissioners Walters, Yearman, and Chairman Kelly. Nays : None. Consideration of Applications for Renewal of Liquor Licenses for the Period May 1, 1997 through April 30, 1998 Commissioner Yearman made a motion, seconded by Commissioner Walters, to approve the applications for renewal for those establishments on List A set forth below. Yeas : Commissioners Walters, Yearman, 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 Applebee ' s Neighborhood Grill, 125 S . Randall Road * Bill ' s Tap, 260 Brook Street Booker' s Backyard, 550 S . McLean Boulevard * 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) 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 Liquor Commission Meeting April 23, 1997 Page 2 Elgin Lanes, 401 Shepard Drive * Elgin Manor Restaurant, 555 N. McLean Boulevard Elgin Restaurant & Lounge, 219 E. Chicago Street * Elgin Riverboat Resort, 250 S . Grove Avenue * Elgin Riverside Club, 21 Lincoln Avenue Elgin Turners, 112 Villa Street * Elks Lodge 737 , 18 Villa Street Elliot ' s, 1055 N. Randall Road* 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 Green Jade Restaurant, 10 Tyler Creek Plaza Highland Liquors, 325 W. Highland Avenue Holiday Inn, 345 W. River Road Hoopers Sports Bar and Grill, 975 N. McLean Blvd. * f"` Hoppe' s Corner, 1075 N. Liberty Street Hunan Gardens, 312-A South McLean Blvd Jake ' s Pizza, 728 W. Chicago Street JB' s Pub & Pietro' s Pizza, 297 S . McLean Boulevard J.J. Peppers , 10 S . State Street LaMovida of Elgin, 840 N. State Street * LaPuesta Del Sol , 165 E . Highland Avenue * Leitner' s Hamburgers, 992 St. Charles Street * Liberty Liquors, 601 Cooper 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 * Olde Town Inn, 412 Bluff City Boulevard * Owls Athletic Club, 209-211 E. Chicago Street Pizza Hut, 1500 Larkin Avenue Liquor Commission Meeting April 23, 1997 Page 3 Prairie Rock Brewing Company, 127 S . Grove Avenue Price-Rite Gas & Liquor, 180 Kimball Street * Price-Rite Miska ' s, 1055 N. Liberty Street * Seven Eleven Foods, 633 E . Chicago Street Seven Eleven Foods, 957 Summit Street * Shanghai Restaurant, 11 Douglas Avenue 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 Boulevard * Summit Restaurant & Lounge, 835 Summit Street * Super Saver Foods, 776 Walnut Avenue 212 Club, 212 Ball Street * Town Liquors West, 300 S . McLean Boulevard VFW Watch City Post 1307 , 1601 Weld Road eft Villa Liquors, 695 Villa Street Walgreen' s, 9 Clock Tower Plaza * 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, 571 N. McLean Boulevard Commissioner Yearman made a motion, seconded by Commissioner Walters, to approve the applications for renewal of the establishments set forth on List B, subject to receipt of the certificate of insurance. Yeas : Commissioners Walters, Yearman, and Chairman Kelly. Nays : None. LIST B AWF Thai & Chinese Restaurant, 415 Summit Street Azteca De Oro Restaurant, 260 National Street * Commissioner Walters made a motion, seconded by Commissioner Yearman, to approve the application for renewal of the establishment set forth on List C below, subject to receipt of a lease. Yeas : Commissioners Walters, Yearman, and Chairman Kelly. Nays : None. Liquor Commission Meeting April 23, 1997 Page 4 LIST C Jalapenos, 7 Clock tower Plaza * The asterisk indicates that proof of completion of a BASSET course has not been received for all employees . License Application of QASWAA, Inc. for Class B-1 Liquor License for Business Known as St. Charles Amoco, 816 St. Charles Street The Commission was advised that this application has been withdrawn by the applicant. Application of Chicago Buns, Inc. for Class F Liquor License for Establishment to be Known as Schlotzsky's Deli, 210 Randall Road The Commission was advised that the applicant intends to form a new corporation known as Elgin Buns, Inc . , to amend his application to make Elgin Buns, Inc. the applicant, and have this application considered at a future meeting. Application of Foxhole Pub, Inc. for Class A Liquor License and Exterior Sales Permit (Beer Garden) for Establishment Known as Foxhole Pub, 158 North Street Commissioner Yearman made a motion, seconded by Commissioner Walters, to approve the aforesaid applications for Class A liquor license and exterior sales permit. Yeas : Commissioners Walters, Yearman, and Chairman Kelly. Nays : None. Application of Elgin River East Entertainment, Inc. for Class A Liquor License for Establishment to be Known as The Mission, 209 1/2 East Chicago Street Commissioner Yearman stated that she had been advised that the applicants were considering having teen nights at this establishment at certain times . She stated she would be very opposed to approving this application if that were the case, particularly in view of the fact that there is another liquor licensee in the same building. David Shelton and Justin Allen, shareholders of the applicant corporation, stated they would not seek a teen night permit. Commissioner Walters expressed concern about approving an application for a Class A liquor license in this block. Mark Muscarello, attorney for the applicant, responded to the concerns raised and stated that the applicant had entered into a very restrictive lease. The applicants stated that they thought the City wanted to bring entertainment to the downtown area, and it is their intention to operate a banquet and nightclub facility and offer entertainment several nights a week. Chairman Kelly stated that it was his opinion that this type of establishment would bring activities to the downtown area and is exactly what Elgin needs . Liquor Commission Meeting April 23 , 1997 Page 5 Commissioner Yearman made a motion, seconded by Commissioner Walters, to approve the aforesaid application. Yeas : Commissioner Yearman and Chairman Kelly. Nays : Commissioner Walters . Application of Got The Cookie, Inc. for Exterior Sales Permit (Beer Garden) for Establishment Known as Club 58, 959 Villa Street Assistant Corporation Counsel Cogley stated that the application indicated that the licensee ' s business is located within 100 feet of a residential zone. Applicant stated that that was an error and the application should be amended to reflect that it is not located within 100 feet of a residential area . Commissioner Walters made a motion, seconded by Commissioner Yearman, to approve the application subject to applicant complying with the zoning requirements regarding parking. Yeas : Commissioners Walters, Yearman, and Chairman Kelly. Nays : None. Public Hearing Regarding Dino's Finer Foods, Inc. , 465 Summit Street, Holder of Class B Liquor License; Violation of Elgin Municipal Code Sections 6.06. 140 and 6.06 . 150 - Sale of tow Alcoholic Liquor to a Minor by Agent and Employee of License; and Violation of Section 6 .06 . 115 - Failure to Provide for Required BASSET Training for Employee and Agent Allen Anderson, attorney for Dino ' s Finer Foods, and Jerry Ventrella, one of the principals of the corporation, appeared pursuant to the Notice of Hearing with reference to the aforementioned violations . Assistant Corporation Counsel Cogley advised the Commission that this incident was as a result of a Police Department "sting" operation. The licensee has agreed to file a stipulation acknowledging that sales clerk Norma Mendez has been employed by Dino ' s Finer Foods for more than 60 days and has failed to obtain BASSET training. A contested hearing was held regarding the allegation that Ms . Mendez sold alcoholic liquor to a person under the age of 21 years . After completion of the hearing, Commissioner Yearman made a motion, seconded by Commissioner Walters, to go into Executive Session. Yeas : Commissioners Walters, Yearman, and Chairman Kelly. Nays : None. The meeting recessed at 3 : 48 p.m. The meeting resumed at 3 : 53 p.m. Commissioner Walters made a motion, seconded by Commissioner Yearman, to find Dino ' s Finer Foods, Inc . guilty of selling liquor to a person under the age of 21 years and of violating Liquor_ Commission Meeting April 23, 1997 Page 6 e" the requirement for completion of BASSET training and to assess a fine in the amount of $750 plus costs . A complete transcript of the proceedings is available from the court reporting firm of Janson Reporting and Record Copy Service, Elgin, Illinois . Commissioner Walters left the meeting. Consideration of Deputy Chief Heine's Memorandum dated April 7, 1997, With Reference to Investigations Regarding Unlawful Sales of Liquor to Minors One March 21 , 1997 , the Police Department conducted investigations regarding nine package liquor license establishments . The following four establishments failed the investigation: 7-Eleven Store, 957 Summit Street, Super Saver, 776 Walnut Avenue, Town Liquors, 300 S. McLean Boulevard, and White Hen Pantry, 1195 N. McLean Boulevard. Commissioner Yearman made a motion, seconded by Chairman Kelly, directing Assistant Corporation Counsel Cogley to prepare complaints and schedule hearings regarding the aforesaid licensees . Yeas : Commissioner Yearman and Chairman Kelly. . Nays : None . tt Consideration of Request of Derald R. Bethard, Jr. for Establishment of Liquor License Class Allowing for Liquor Sales Via the Internet Derald R. Bethard Jr. advised the Commission that he resides at 702 North Porter Street, and he would like to use his home computer to solicit and receive orders for the purchase of fine wines and liquors . He would not be warehousing, accepting deliveries , or storing any beverages at his home. Assistant Corporation Counsel Cogley advised the Commission that in order to permit the sale of alcoholic liquor via the Internet it would be necessary to create a new liquor license classification and an exception would have to be included in the Liquor Code to permit the issuance of a liquor license for premises zoned as residential . The Liquor Commission expressed concern about the possible sale of liquor to minors and location of the described activity in a residential neighborhood. The Liquor Commission advised Mr. Bethard that it is not interested in making a recommendation to the City Council to amend the Liquor Code to establish a license class which would permit the sale of liquor via the Internet. Liquor Commission Meeting April 23, 1997 Page 7 Consideration of Draft Ordinance Amending the Liquor Code to Provide for a Special Event Permit Secretary Mecum advised the Commission that the State of Illinois has enacted legislation which permits liquor licensees to apply for a special event license to sell or serve alcoholic beverages for consumption at special events off the site of the establishment as part of festivals, fairs, picnics, or other special or theme events . A draft ordinance was prepared to amend the City' s Liquor Code to provide for a special event permit. Commissioner Yearman made a motion, seconded by Chairman Kelly, to recommend approval to the City Council of the proposed ordinance to add Section 6 . 06 . 059 "Special Event Permit" to the Elgin Municipal Code. Yeas : Commissioner Yearman and Chairman Kelly. Nays : None. Consideration of Amendment Regarding Application and License Fee Procedure Secretary Mecum asked the Commission to consider amending Elgin Municipal Code Section 6 . 06 . 060 to provide that the annual license fee be paid prior to issuance of the license if approved. Currently applicants are required to submit the annual fee with the application, and said fees must be deposited into the City' s account immediately. If the license is not approved or never issued, it is necessary to have a check issued for refund of the annual license fee. Commissioner Yearman made a motion, seconded by Chairman Kelly, to recommend approval to the City Council to amend Section 6 . 06 . 06 to provide that the annual license fee for a new application be paid after approval and prior to issuance of the liquor license rather than at the time the application is submitted. Yeas : Commissioner Yearman and Chairman Kelly. Nays : None. 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 4 : 12 p.m. far r May 13, 1997 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 May meeting from May 7 , 1997 , to May 13 , 1997, at 1 p.m. in the First Floor Conference Room of the City Hall South Wing, 150 Dexter Court, Elgin, Illinois . Matters to be considered on May 13, 1997 , include consideration of the following applications : R-Delight, Inc . for Class A liquor license for Hoopers Sports Bar and Grill, 975 N. McLean Boulevard Lone Star Steakhouse and Saloon of Springfield, Inc. eft. for Class E liquor license for Lone Star Steakhouse & Saloon, 155 South Randall Road Elgin Buns, Inc . for Class F liquor license for Schlotzsky' s Deli, 280 South Randall Road The complete agenda for this rescheduled meeting will be provided at a later date. DATED: May 2, 1997 Dolonna Mecum City Clerk eft ELGIN LIQUOR CONTROL COMMISSION MEETING Council Conference Room Rescheduled Regular Meeting 1 : 00 p.m. May 13, 1997 A. Call to Order B. Roll Call C . Approval of Minutes - April 23, 1997 D. License Applications : 1 . Elgin Buns, Inc . for Class F liquor license for Schlotzsky' s Deli, 280 South Randall Road 2 . R-Delight, Inc . for Class A liquor license for Hoopers Sports Bar and Grill, 975 N. McLean Boulevard 3 . Lone Star Steakhouse and Saloon of Springfield, Inc . for Class E liquor license AND Application for Exterior Sales Permit for Lone Star Steakhouse & Saloon, 155 South Randall Road E . Other Business Miscellaneous F. Adjournment ork ELGIN LIQUOR CONTROL COMMISSION MEETING APRIL 23, 1997 The meeting was called to order at 1 : 10 p.m. in the Employee ' s Lunch Room in the South Wing of City Hall by Commission Chairman Kevin Kelly. Members present: Commissioners Walters, Yearman, and Chairman Kelly. Absent: None. Approval of Minutes - March 5, 1997 Commissioner Yearman made a motion, seconded by Commissioner Walters, to approve the minutes of the March 5, 1997 , regular meeting. Yeas : Commissioners Walters, Yearman, and Chairman Kelly. Nays : None. Consideration of Applications for Renewal of Liquor Licenses for the Period May 1, 1997 through April 30, 1998 Commissioner Yearman made a motion, seconded by Commissioner Walters, to approve the applications for renewal for those establishments on List A set forth below. Yeas : Commissioners Walters, Yearman, 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 Applebee ' s Neighborhood Grill, 125 S . Randall Road * Bill ' s Tap, 260 Brook Street Booker' s Backyard, 550 S . McLean Boulevard * 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 ) 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 Liquor Commission Meeting April 23, 1997 Page 2 Elgin Lanes, 401 Shepard Drive * Elgin Manor Restaurant, 555 N. McLean Boulevard Elgin Restaurant & Lounge, 219 E . Chicago Street * Elgin Riverboat Resort, 250 S . Grove Avenue * Elgin Riverside Club, 21 Lincoln Avenue Elgin Turners, 112 Villa Street * Elks Lodge 737 , 18 Villa Street Elliot ' s, 1055 N. Randall Road* 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 Green Jade Restaurant, 10 Tyler Creek Plaza Highland Liquors, 325 W. Highland Avenue Holiday Inn, 345 W. River Road Hoopers Sports Bar and Grill, 975 N. McLean Blvd. * eft. Hoppe ' s Corner, 1075 N. Liberty Street Hunan Gardens, 312-A South McLean Blvd Jake' s Pizza, 728 W. Chicago Street JB' s Pub & Pietro ' s Pizza, 297 S . McLean Boulevard J.J. Peppers , 10 S . State Street LaMovida of Elgin, 840 N. State Street * LaPuesta Del Sol , 165 E . Highland Avenue * Leitner' s Hamburgers, 992 St. Charles Street * Liberty Liquors, 601 Cooper 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 * Olde Town Inn, 412 Bluff City Boulevard * ePhk Owls Athletic Club, 209-211 E . Chicago Street Pizza Hut, 1500 Larkin Avenue Liquor Commission Meeting April 23 , 1997 Page 3 Prairie Rock Brewing Company, 127 S . Grove Avenue Price-Rite Gas & Liquor, 180 Kimball Street * Price-Rite Miska ' s, 1055 N. Liberty Street * Seven Eleven Foods, 633 E . Chicago Street Seven Eleven Foods, 957 Summit Street * Shanghai Restaurant, 11 Douglas Avenue 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 Boulevard * Summit Restaurant & Lounge, 835 Summit Street * Super Saver Foods, 776 Walnut Avenue 212 Club, 212 Ball Street * Town Liquors West, 300 S. McLean Boulevard VFW Watch City Post 1307 , 1601 Weld Road Villa Liquors, 695 Villa Street Walgreen ' s, 9 Clock Tower Plaza * 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, 571 N. McLean Boulevard Commissioner Yearman made a motion, seconded by Commissioner Walters , to approve the applications for renewal of the establishments set forth on List B, subject to receipt of the certificate of insurance. Yeas : Commissioners Walters, Yearman, and Chairman Kelly. Nays : None. LIST B AWF Thai & Chinese Restaurant, 415 Summit Street Azteca De Oro Restaurant, 260 National Street * Commissioner Walters made a motion, seconded by Commissioner Yearman, to approve the application for renewal of the establishment set forth on List C below, subject to receipt of a lease. Yeas : Commissioners Walters, Yearman, and Chairman Kelly. Nays : None. Liquor Commission Meeting April 23, 1997 Page 4 LIST C Jalapenos , 7 Clock tower Plaza * The asterisk indicates that proof of completion of a BASSET course has not been received for all employees . License Application of QASWAA, Inc. for Class B-1 Liquor License for Business Known as St. Charles Amoco, 816 St. Charles Street The Commission was advised that this application has been withdrawn by the applicant. Application of Chicago Buns, Inc. for Class F Liquor License for Establishment to be Known as Schlotzsky's Deli, 210 Randall Road The Commission was advised that the applicant intends to form a new corporation known as Elgin Buns, Inc . , to amend his application to make Elgin Buns, Inc. the applicant, and have this application considered at a future meeting. Application of Foxhole Pub, Inc. for Class A Liquor License and Exterior Sales Permit (Beer Garden) for Establishment Known as Foxhole Pub, 158 North Street Commissioner Yearman made a motion, seconded by Commissioner Walters , to approve the aforesaid applications for Class A liquor license and exterior sales permit. Yeas : Commissioners Walters, Yearman, and Chairman Kelly. Nays : None. Application of Elgin River East Entertainment, Inc. for Class A Liquor License for Establishment to be Known as The Mission, 209 1/2 East Chicago Street Commissioner Yearman stated that she had been advised that the applicants were considering having teen nights at this establishment at certain times . She stated she would be very opposed to approving this application if that were the case, particularly in view of the fact that there is another liquor licensee in the same building. David Shelton and Justin Allen, shareholders of the applicant corporation, stated they would not seek a teen night permit. Commissioner Walters expressed concern about approving an application for a Class A liquor license in this block. Mark Muscarello, attorney for the applicant, responded to the concerns raised and stated that the applicant had entered into a very restrictive lease. The applicants stated that they thought the City wanted to bring entertainment to the downtown area, and it is their intention to operate a banquet and nightclub facility and offer entertainment several nights a week. Chairman Kelly stated that it was his opinion that this type of establishment would bring activities to the downtown area and is exactly what Elgin needs . Liquor Commission Meeting April 23, 1997 Page 5 Commissioner Yearman made a motion, seconded by Commissioner Walters, to approve the aforesaid application. Yeas : Commissioner Yearman and Chairman Kelly. Nays : Commissioner Walters . Application of Got The Cookie, Inc. for Exterior Sales Permit (Beer Garden) for Establishment Known as Club 58, 959 Villa Street Assistant Corporation Counsel Cogley stated that the application indicated that the licensee ' s business is located within 100 feet of a residential zone. Applicant stated that that was an error and the application should be amended to reflect that it is not located within 100 feet of a residential area. Commissioner Walters made a motion, seconded by Commissioner Yearman, to approve the application subject to applicant complying with the zoning requirements regarding parking. Yeas : Commissioners Walters, Yearman, and Chairman Kelly. Nays : None. Public Hearing Regarding Dino's Finer Foods, Inc. , 465 Summit Street, Holder of Class B Liquor License; Violation of Elgin Municipal Code Sections 6.06 . 140 and 6.06 . 150 - Sale of Alcoholic Liquor to a Minor by Agent and Employee of License; and Violation of Section 6 .06. 115 - Failure to Provide for Required BASSET Training for Employee and Agent Allen Anderson, attorney for Dino' s Finer Foods, and Jerry Ventrella, one of the principals of the corporation, appeared pursuant to the Notice of Hearing with reference to the aforementioned violations . Assistant Corporation Counsel Cogley advised the Commission that this incident was as a result of a Police Department "sting" operation. The licensee has agreed to file a stipulation acknowledging that sales clerk Norma Mendez has been employed by Dino' s Finer Foods for more than 60 days and has failed to obtain BASSET training. A contested hearing was held regarding the allegation that Ms . Mendez sold alcoholic liquor to a person under the age of 21 years . After completion of the hearing, Commissioner Yearman made a motion, seconded by Commissioner Walters, to go into Executive Session. Yeas : Commissioners Walters, Yearman, and Chairman Kelly. Nays : None. The meeting recessed at 3 :48 p.m. The meeting resumed at 3 : 53 p.m. Commissioner Walters made a motion, seconded by Commissioner ' Yearman, to find Dino' s Finer Foods, Inc . guilty of selling liquor to a person under the age of 21 years and of violating Liquor_ Commission Meeting April 23, 1997 Page 6 em- the requirement for completion of BASSET training and to assess a fine in the amount of $750 plus costs . A complete transcript of the proceedings is available from the court reporting firm of Janson Reporting and Record Copy Service, Elgin, Illinois . Commissioner Walters left the meeting. Consideration of Deputy Chief Heine's Memorandum dated April 7, 1997, With Reference to Investigations Regarding Unlawful Sales of Liquor to Minors One March 21 , 1997 , the Police Department conducted investigations regarding nine package liquor license establishments . The following four establishments failed the investigation: 7-Eleven Store, 957 Summit Street, Super Saver, 776 Walnut Avenue, Town Liquors, 300 S. McLean Boulevard, and White Hen Pantry, 1195 N. McLean Boulevard. Commissioner Yearman made a motion, seconded by Chairman Kelly, directing Assistant Corporation Counsel Cogley to prepare complaints and schedule hearings regarding the aforesaid licensees . Yeas : Commissioner Yearman and Chairman Kelly. Nays : None. Consideration of Request of Derald R. Bethard, Jr. for Establishment of Liquor License Class Allowing for Liquor Sales Via the Internet Derald R. Bethard Jr. advised the Commission that he resides at 702 North Porter Street, and he would like to use his home computer to solicit and receive orders for the purchase of fine wines and liquors . He would not be warehousing, accepting deliveries, or storing any beverages at his home. Assistant Corporation Counsel Cogley advised the Commission that in order to permit the sale of alcoholic liquor via the Internet it would be necessary to create a new liquor license classification and an exception would have to be included in the Liquor Code to permit the issuance of a liquor license for premises zoned as residential . The Liquor Commission expressed concern about the possible sale of liquor to minors and location of the described activity in a residential neighborhood. The Liquor Commission advised Mr. Bethard that it is not interested in making a recommendation to the City Council to amend the Liquor Code to establish a license class which would permit the sale of liquor via the Internet. r Liquor Commission Meeting April 23, 1997 Page 7 Consideration of Draft Ordinance Amending the Liquor Code to Provide for a Special Event Permit Secretary Mecum advised the Commission that the State of Illinois has enacted legislation which permits liquor licensees to apply for a special event license to sell or serve alcoholic beverages for consumption at special events off the site of the establishment as part of festivals, fairs, picnics, or other special or theme events . A draft ordinance was prepared to amend the City' s Liquor Code to provide for a special event permit. Commissioner Yearman made a motion, seconded by Chairman Kelly, to recommend approval to the City Council of the proposed ordinance to add Section 6 . 06 . 059 "Special Event Permit" to the Elgin Municipal Code. Yeas : Commissioner Yearman and Chairman Kelly. Nays : None. Consideration of Amendment Regarding Application and License Fee Procedure Secretary Mecum asked the Commission to consider amending Elgin Municipal Code Section 6 . 06 . 060 to provide that the annual license fee be paid prior to issuance of the license if approved. Currently applicants are required to submit the annual fee with the application, and said fees must be deposited into the City' s account immediately. If the license is not approved or never issued, it is necessary to have a check issued for refund of the annual license fee. Commissioner Yearman made a motion, seconded by Chairman Kelly, to recommend approval to the City Council to amend Section 6 . 06 . 06 to provide that the annual license fee for a new application be paid after approval and prior to issuance of the liquor license rather than at the time the application is submitted. Yeas : Commissioner Yearman and Chairman Kelly. Nays : None. 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 4 : 12 p.m. eft. 411 , / ,,a. virA∎ /, May 13, 1997 Dolonna Mecum, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION MEETING MAY 13, 1997 The meeting was called to order at 1 :00 p.m. in the South Wing First Floor Conference Room by Commission Chairman Kevin Kelly. Members present: Commissioners Walters , Yearman, and Chairman Kelly. Absent: None. Approval of Minutes - April 23, 1997 Commissioner Yearman made a motion, seconded by Commissioner Walters, to approve the minutes of the April 23, 1997 , meeting. Yeas : Commissioners Walters, Yearman, and Chairman Kelly. Nays : None. Elgin Buns, Inc. for Class F Liquor License for Schlotzsky's Deli, 280 South Randall Road Patrick Griffiths, one of the principals of Elgin Buns, Inc. , described the proposed premises, menu, type of customers and nature of the business he expects to conduct at the proposed restaurant . He currently operates a Schlotzsky' s Deli in Hoffman Estates, and has had no violations at that facility. Commission members questioned whether the proposed establishment would primarily be for the consumption of food on the premises, which is a requirement for a Class F liquor license. Mr. Griffiths stated that because of the 5 to 8 minute preparation time, the drive-through business is a very small part of overall sales . Chairman Kelly expressed concern that approving this application would encourage "fast food" restaurants to apply for a liquor license. Commissioner Yearman made a motion, seconded by Commissioner Walters, to approve the application for a Class F liquor license, subject to the licensee being required to produce records prior to liquor license renewal time reflecting the amount of on-premise/off-premise food consumption and percentage of food/liquor sales . Yeas : Commissioners Walters and Yearman. Nays : Chairman Kelly. R-Delight, Inc. for Class A Liquor License for Hoopers Sports Bar and Grill, 975 N. McLean Boulevard Commissioner Yearman made a motion, seconded by Commissioner Walters , to approve the aforesaid application, subject to the code violations being corrected. Yeas : Commissioners Walters, Yearman, and Chairman Kelly. Nays : None. erw. Liquor Commission Meeting May 13, 1997 Page 2 Lone Star Steakhouse and Saloon of Springfield, Inc. for Class E Liquor License and Application for Exterior Sales Permit for Lone Star Steakhouse & Saloon, 155 South Randall Road Commissioner Yearman made a motion, seconded by Commissioner Walters, to approve the aforesaid application for a Class E liquor license and exterior sales permit . Yeas : Commissioners Walters, Yearman, and Chairman Kelly. Nays : None. Adjournment Commissioner Yearman made a motion, seconded by Commissioner Walters, to adjourn the meeting. Yeas : Commissioners Walters, Yearman, and Chairman Kelly. Nays : None. Meeting adjourned at 1 : 20 p.m. 01-6--CA4"1"— June 4 , 1997 Dolonna Mecu , Recording Secretary Date Approved tow ELGIN LIQUOR CONTROL COMMISSION MEETING South Wing First Floor Conference Room Regular Meeting 1 : 00 p.m. June 4, 1997 A. Call to Order B. Roll Call C. Approval of Minutes - May 13, 1997 D. Public Hearings : 1 . Regarding Leonard F. Didier, Inc . , d/b/a Town Liquors, 300 S . McLean Boulevard, Holder of Class B Liquor License; Violation of Elgin Municipal Code Sections 6 . 06 . 140 and 6 . 06 . 150 - Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee 2 . Regarding Barot Elgin Grocery, d/b/a 7-Eleven Store #27616, 957 Summit Street, Holder of Class B Liquor License; Violation of Elgin Municipal Code Sections 6 . 06 . 140 and 6 . 06 . 150 - Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee 3 . Regarding Barri Cas, Inc. , d/b/a White Hen Pantry, 1195 North McLean Boulevard, Holder of Class B Liquor License; Violation of Elgin Municipal Code Sections 6 . 06 . 140 and 6 . 06 . 150 - Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee 4 . Regarding Saya Enterprises, Inc. , d/b/a Super Saver Food Mart, 776 Walnut Avenue, Holder of Class B Liquor License; Violation of Elgin Municipal Code Sections 6 . 06 . 140 and 6 . 06 . 150 - Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee E . Other Business 1 . Reconsideration of Request of Derald R. Bethard Jr. for Establishment of Liquor License Class Allowing for Liquor Sales Via the Internet 2 . Consideration of Amendment Regarding Class E-1 Liquor License 3 . Miscellaneous F. Adjournment eft emw ELGIN LIQUOR CONTROL COMMISSION MEETING JUNE 4, 1997 The meeting was called to order at 1 p.m. in the South Wing First Floor Conference Room by Commission Chairman Kevin Kelly. Members present: Commissioners Gavin, Walters, and Chairman Kelly. Absent: None. Approval of Minutes - May 13, 1997 Commissioner Walters made a motion, seconded by Chairman Kelly, to approve the minutes of the May 13, 1997, meeting. Yeas : Commissioner Walters and Chairman Kelly. Nays : None. Commissioner Gavin answered present. Public Hearing Regarding Leonard F. Didier, Inc. , d/b/a Town Liquors, 300 S. McLean Boulevard, Holder of Class B Liquor License; Violation of Elgin Municipal Code Sections 6.06. 140 and 6.06. 150 - Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee Roger Riebock, sole shareholder of Leonard F. Didier, Inc. , appeared pursuant to the Notice of Hearing with reference to the aforementioned violations . rft. Assistant Corporation Counsel Cogley advised the Commission that this incident was as a result of a Police Department sting operation. There have been no prior offenses of this nature regarding this licensee, and it has successfully passed two prior sting operations . A stipulation has been entered into by the licensee acknowledging the allegations set forth in the complaint. Mr. Riebock advised the Commission that he strongly opposes the sale of liquor to minors and stated that he has confiscated and turned over to the police department more than 60 illegal identifications . He believes $750 is a severe fine for a first offense and believes each business should be considered individually in determining an appropriate fine. Commission members discussed the history of this licensee, the fact that he has successfully passed prior sting operations, and whether a $750 fine for a first offense is appropriate in all situations . Commissioner Gavin made a motion, seconded by Commissioner Walters, to assess a fine of $250 . 00 plus the cost of the court reporter. Yeas : Commissioners Gavin, Walters, and Chairman Kelly. Nays : None. • Liquor Commission Meeting June 4 , 1997 Page 2 tow Public Hearing Regarding Barot Elgin Grocery, Inc. , d/b/a 7-Eleven Store #27616, 957 Summit Street, Holder of Class B Liquor License; Violation of Elgin Municipal Code Sections 6.06 . 140 and 6.06. 150 - Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee Mr. Barot appeared on behalf of the licensee corporation pursuant to the Notice of Hearing regarding the above violations . Mr. Cogley advised the Commission that this incident was also as a result of a Police Department sting operation. There have been no prior offenses of this nature regarding this licensee, and it has also successfully passed two prior sting operations . A stipulation has been entered into by the licensee acknowledging the allegations set forth in the complaint. Mr. Barot described the circumstances surrounding the incident. He said it was during shift change, and they were very busy because of heavy lottery ticket sales . He stated that they have also confiscated illegal identifications . A $750 fine would effect the business substantially. Commissioner Gavin made a motion, seconded by Commissioner Walters, to assess a fine of $250 . 00 plus the cost of the court reporter. Yeas : Commissioners Gavin, Walters, and Chairman Kelly. Nays : None. Public Hearing Regarding Barri Cas, Inc. , d/b/a White Hen Pantry, 1195 North McLean Boulevard, Holder of Class B Liquor License; Violation of Elgin Municipal Code Sections 6.06. 140 and 6.06. 150 - Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee Fermin Barrietos, one of the principals of the corporate licensee, and Ron Roeser, his attorney, appeared pursuant to the Notice of Hearing with reference to the aforementioned violation. Mr. Cogley advised the Commission that this incident was also as a result of a Police Department sting operation. There have been no prior offenses of this nature regarding this licensee, and no sting operations have been conducted at this establishment. A stipulation has been entered into by the licensee acknowledging the allegations set forth in the complaint. Attorney Roeser advised the Commission that he believes the fact that this store has been in business eight years without a prior offense should be taken into consideration regarding the amount of the fine. He also stated that the police have been called by the store many times and minors held until the police arrived when minors attempted to purchase liquor. Liquor Commission Meeting June 4 , 1997 Page 3 Commissioner Walters made a motion, seconded by Chairman Kelly, to assess a fine of $750 plus the cost of the court reporter. Yeas : Commissioner Walters and Chairman Kelly. Nays : Commissioner Gavin. Regarding Saya Enterprises, Inc. , d/b/a Super Saver Food Mart, 776 Walnut Avenue, Holder of Class B Liquor License; Violation of Elgin Municipal Code Sections 6.06. 140 and 6.06 . 150 - Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee Sham Wali, President of Saya Enterprises, Inc . , and Allen Anderson, his attorney, appeared pursuant to the Notice of Hearing with reference to the aforementioned violations . Mr. Cogley stated that this incident was also as a result of a sting operation. There have been three prior incidents of selling liquor to a minor at this establishment as follows : April 15, 1992 Fined $750 February 24 , 1996 Fined $1,000 April 19 , 1996 Fined $2 , 000 Attorney Anderson stated that he was encouraged that the Commission is willing to consider individual situations and types of operations . This store did successfully pass a sting rft operation earlier this year. Mr. Anderson suggested that a license suspension would not be as financially devastating as a large fine, and the amount of beer and wine sold at Super Saver is little compared to package liquor stores . Mr. Wali stated that he has a large employee turnover, and he works approximately 18 hours a day himself . Commissioner Walters made a motion, seconded by Commissioner Gavin, to assess a fine of $500 plus a 14-day suspension commencing June 18, 1997 . Yeas : Commissioners Gavin, Walters, and Chairman Kelly. Nays : None. Reconsideration of Request of Derald R. Bethard Jr. for Establishment of Liquor License Class Allowing for Liquor Sales Via the Internet Mr. Bethard furnished the Commission with additional material regarding his request that a new liquor license class be created to allow him to sell liquor over the Internet. After discussion, Commissioners Gavin and Walters stated that they would like to see ordinances from other communities regarding electronic sale of liquor. Liquor Commission Meeting June 4 , 1997 Page 4 Consideration of Amendment Regarding Class E-1 Liquor License Commission Secretary Mecum advised the Commission that Pedro DeLara would like to apply for a Class E-1 liquor license for a Mexican restaurant at 56 Villa Street. However, E-1 licenses currently are only allowed in a portion of the CC-1 Center City Zoning District. The Commission discussed various options which would enable this property to qualify for an E-1 license. Chairman Kelly made a motion, seconded by Commissioner Gavin, to recommend to the City Council that thegeographic area for the E-1 liquor license class be expanded to add parcels in the CC-2 Center City Zoning District bounded by DuPage, Fulton, and Villa which are adjacent to the CC-1 Zoning District. Yeas : Commissioner Gavin and Chairman Kelly. Nays : Commissioner Walters . Consideration of Deputy Chief Heine's Memorandum With Reference to Investigations Regarding Unlawful Sales of Liquor to Minors On May 21, 1997 , the Police Department conducted investigations regarding 10 liquor license establishments . Facaccia ' s Ristorante was the only one of the 10 that failed the May 21 investigation. Commissioner Walters made a motion, seconded by Commissioner Gavin, directing Assistant Corporation Counsel Cogley to prepare a complaint and schedule a hearing regarding Facaccia' s . Yeas: Commissioners Gavin, Walters, and Chairman Kelly. Nays : None . Adjournment Commissioner Walters made a motion, seconded by Commissioner Gavin, to adjourn the meeting. Yeas : Commissioners Gavin, Walters, and Chairman Kelly. Nays : None. The meeting adjourned at 2 :25 p.m. keihtovult htte„Pyr-.■ July 2, 1997 Dolonna Mecum, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION MEETING tow. South Wing First Floor Conference Room Regular Meeting 1 : 00 p.m. July 2, 1997 A. Call to Order B. Roll Call C. Approval of Minutes - June 4 , 1997 D. Public Hearing Regarding E & A Restaurant, Inc. , d/b/a Facaccia' s Restorante, 50 N. Spring Street, Holder of Class A Liquor License; Violation of Elgin Municipal Code Sections 6 . 06 . 140 and 6 . 06 . 150 - Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee E. Application of E & A Restaurant, Inc . , d/b/a Facaccia' s rft. Restorante, for Extended Hours Permit F. Other Business 1 . Continued Consideration of Request of Derald R. Bethard Jr. for Establishment of Liquor License Class Allowing for Liquor Sales Via the Internet 2 . Miscellaneous G. Adjournment rft A ELGIN LIQUOR CONTROL COMMISSION MEETING AUGUST 6, 1997 The meeting was called to order at 1 p.m. in the South Wing First Floor Conference Room by Commission Chairman Kevin Kelly. Members present: Commissioner Gavin and Chairman Kelly. Absent: Commissioner. Walters . Approval of Minutes - July 2, 1997 Commissioner Gavin made a motion, seconded by Chairman Kelly, to approve the minutes of the July 2 , 1997 , meeting. Yeas : Commissioner Gavin and Chairman Kelly. Nays : None. Application of Marilyn's Roadhouse, Ltd. for Class A Liquor License for Establishment to be Known as Marilyn's Roadhouse, (n/k/a Leitner' s) , 992 St. Charles Street In the absence of a court reporter, the applicant stipulated that the audio recording and transcription by the City Clerk will constitute sufficient record of these proceedings . Commissioner Gavin made a motion, seconded by Chairman Kelly, to approve the aforesaid application subject to receipt of all required documents and compliance with all codes . Yeas : eft Commissioner Gavin and Chairman Kelly. Nays : None. Application of 802 Villa, Ltd. for Class A Liquor License for Establishment Known as City Limits Cafe and Bar, 802 Villa Street In the absence of a court reporter, the applicant stipulated that the audio recording and transcription by the City Clerk will constitute sufficient record of these proceedings . Discussion was held and it was agreed by the Commission that the applicant could have 60 days to install the required backflow preventer. Commissioner. Gavin made a motion, seconded by Chairman Kelly, to approve the aforesaid application, subject to receipt of all required documents and being in compliance with all codes . Yeas : Commissioner Gavin and Chairman Kelly. Nays : None . Continued Discussion Regarding Establishment of Liquor License Class Allowing Sale of Alcoholic Liquor Via the Internet Assistant Corporation Counsel Cogley reported that he had spoken to Barrington and Lake Barrington. Enforcement of their ordinances regarding sale via the Internet has not been an issue. They stated that they rely on the delivery companies to enforce rft the prohibition of delivering alcoholic liquor to minors . • ' 'Liquor Commission Meeting August 6 , 1997 Page 2 rCommissioner Gavin stated that he is supportive of the proposal and is confident that the types of liquor to be sold would not be desirable for purchase by teenagers . Commissioner Gavin made a motion, seconded by Chairman Kelly, to have an ordinance drafted establishing a license class for the sale of liquor via the Internet and addressing the issue regarding the sale of liquor in a residential zoning district . Said proposed ordinance is to be put on the Committee of the Whole agenda for consideration by the City Council . Yeas : Commissioner Gavin and Chairman Kelly. Nays : None. Adjournment Commissioner Gavin made a motion, seconded by Chairman Kelly, to adjourn the meeting. Yeas : Commissioner Gavin and Chairman Kelly. Nays : None . Meeting adjourned at 1 : 30 p.m. 1 /i 0 December 3 , 1997 emk Dolonna Mecum, Reco ding Secretary Date Approved rft ELGIN LIQUOR CONTROL COMMISSION MEETING South Wing First Floor Conference Room Regular Meeting 1 : 00 p.m. August 6 , 1997 A. Call to Order B. Roll Call C. Approval of Minutes - July 2 , 1997 D. License Applications 1) Application of Marilyn' s Roadhouse, Ltd. for Class A Liquor License for Establishment to be Known as Marilyn' s Roadhouse, (n/k/a Leitner' s) , 992 St. Charles Street 2 ) Application of 802 Villa, Ltd. for Class A Liquor License for Establishment Known as City Limtis Cafe and Bar, 802 Villa Street E. Other Business 1) Continuing Discussion Regarding Establishment of Liquor License Class Allowing Sale of Alcoholic Liquor Via the Internet 2 ) Miscellaneous F. Adjournment ... ELGIN LIQUOR CONTROL COMMISSION MEETING JULY 2, 1997 The meeting was called to order at 1 :00 p.m. in the South Wing First Floor Conference Room by Commission Chairman Kevin Kelly. Members present: Commissioners Gavin, Walters, and Chairman Kelly. Approval of Minutes - June 4, 1997 Commissioner Gavin made a motion, seconded by Commissioner Walters, to approve the minutes of the June 4 , 1997, meeting. Yeas : Commissioners Gavin, Walters, and Chairman Walters. Nays: None. Public Hearing Regarding E & A Restaurant, Inc. , d/b/a Facaccia's Restorante, 50 N. Spring Street, Holder of Class A Liquor License; Violation of Elgin Municipal Code Sections 6.06. 140 and 6.06. 150 - Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee Gene Toth, manager of Facaccia 's Restornate, appeared pursuant to the Notice of Hearing with reference to the aforementioned violation. eft Assistant Corporation Counsel Cogley advised the Commission that this hearing is with reference to an incident which occurred on May 21 , 1997 . There have been no prior offenses of this nature at this establishment, and no prior "sting" operation has been conducted. A stipulation has been entered into by the licensee acknowledging that the allegations set forth in the complaint did occur. Mr. Toth addressed the Commission regarding the circumstances surrounding this incident, and stated that he has had an extensive meeting with his employees regarding the sale of liquor to minors . Commissioner Walters made a motion, seconded by Chairman Kelly, to assess a fine of $750 plus the court reporter fee. Yeas : Commissioner Walters and Chairman Kelly. Nays : Commissioner Gavin. Application of E & A Restaurant, Inc. , d/b/a Facaccia's Restorante, for Extended Hours Permit Commissioner Gavin made a motion, seconded by Chairman Kelly, to approve the aforesaid application, subject to the City Council extending the legislation permitting extended hours . Commissioner Gavin and Chairman Kelly. Nays : Commissioner Walters . Liquor Commission Meeting July 2, 1997 Page 2 Continued Consideration of Request of Derald R. Bethard Jr. for Establishment of Liquor License Class Allowing for Liquor Sales Via the Internet Pursuant to the Commission's request, Mr. Bethard provided copies of ordinances from Barrington and Lake Barrington which permit the sale of alcoholic liquor pursuant to orders placed by telephone, telefax, electronic mail, or regular mail order. The Commission again discussed Mr. Bethard' s request. Commissioner Walters questioned how the Commission can be assured that the delivery companies will verify the age of persons receiving the product. Assistant Corporation Cogley stated that it would be very difficult to present proofs if there were violations outside the City of Elgin. Chairman Kelly stated that such a license should not be issued if the safeguards against the sale of liquor to minors can' t be enforced. Commissioner Gavin pointed out that other municipalities have enacted legislation providing for a license for the sale of liquor through the Internet . Assistant Corporation Counsel Cogley stated that he would contact the other municipalities that permit the sale of alcoholic liquor via the Internet and find out how they plan to handle the issue "' of enforcement. Adjournment Commissioner Walters made a motion, seconded by Commissioner Gavin, to adjourn the meeting. Yeas : Commissioners Gavin, Walters, and Chairman Walters . Nays : None. Meeting adjourned at 1 : 50 p.m. W4rtYtzq August 6, 1997 Dolonna Mecum, Recording Secretary Date Approved <�y OF Ei. ti � —City of Elgin T Mayor •ti Kevin Kelly A nTriTCUy�b^/ Council Members Terry Gavin Robert Gilliam John T. McKevitt Ed Schock John Walters Marie Yearman ELGIN LIQUOR CONTROL COMMISSION NOTICE OF CANCELLATION OF MEETING NOTICE IS HEREBY GIVEN that the September 3, 1997, regularly scheduled meeting of the Liquor Control Commission has been cancelled. DATED: August 29 , 1997 elk CITY OF ELGIN By Dolonna Mecum Elgin City Clerk 150 Dexter Court • Elgin, IL 60120-5555 • Phone 847/931-6100 • Fax 847/931-5610 • TDD 847/931-5616 ® Printed on recycled paper ELGIN LIQUOR CONTROL COMMISSION MEETING SEPTEMBER 10, 1997 The meeting was called to order at 4 : 52 p.m. in the Council Conference Room by Commission Chairman Kevin Kelly. Members present: Commissioners Gavin, Walters , and Chairman Kelly. Absent : None. Consideration of Application for Elgin Buns, Inc. , d/b/a Schlotzsky's Deli, 280 South Randall Road, for Exterior Sales Permit for Patio Area Commission Secretary Mecum advised the Commission that a fee waiver is sought in accordance with Elgin Municipal Code 6 . 06 . 055 in that there will be seating for no more than 20 people and the patio is not enclosed by a wall or fence. Commissioner Gavin made a motion, seconded by Commissioner Walters , to approve the aforesaid application. Yeas : Commissioners Gavin, Walters, and Mayor Kelly. Nays : None. Aqj ournment Commissioner Gavin made a motion, seconded by Commissioner Walters , to adjourn the meeting. Yeas : Commissioners Gavin, Walters , and Mayor Kelly. Nays : None. Meeting adjourned at 4 : 55 p.m. ,P, ! / 1 December 3, 1997 Dolonna Mecum, Recording Secretary Date Approved :c OF ESC, § —City of Elgin 1 Mayor r r� Kevin Kelly Council Members Terry Gavin Robert Gilliam John T McKevitt Ed Schock John Walters Marie Yearman ELGIN LIQUOR CONTROL COMMISSION NOTICE OF CANCELLATION OF MEETING NOTICE IS HEREBY GIVEN that the October 1, 1997 , regularly scheduled meeting of the Liquor Control Commission has been cancelled. DATED: September 26, 1997 CITY OF ELGIN By Dolonna Mecum Elgin City Clerk 150 Dexter Court • Elgin, IL 60120-5555 • Phone 847/931-6100 • Fax 847/931-5610 • TDD 847/931-5616 ® Printed on recycled paper �"cy OF Eto ° )° E � ¢�= § City of Elgin T Mayor vi' Kevin Kelly lik,. • r)irlrt:I)v va Council Members Terry Gavin Robert Gilliam John T. McKevitt Ed Schock John Walters ELGIN LIQUOR CONTROL COMMISSION Marie Yearman NOTICE OF CANCELLATION OF MEETING NOTICE IS HEREBY GIVEN that the November 5, 1997 , regularly scheduled meeting of the Liquor Control Commission has been cancelled. The next regularly scheduled meeting is December 3, 1997 , at 1 p.m. . DATED: October 29, 1997 "..' CITY OF ELGIN By Dolonna Mecum Elgin City Clerk rillik 150 Dexter Court • Elgin, IL 60120-5555 • Phone 847/931-6100 • Fax 847/931-5610 • TDD 847/931-5616 ® Pnnted on recycled paper ELGIN LIQUOR CONTROL COMMISSION MEETING South Wing First Floor Conference Room Regular Meeting 1 : 00 p.m. December 3, 1997 A. Call to Order B. Roll Call C. Approval of Minutes : August 6 , 1997 September 10, 1997 D. Applications : 1 . Application for Transfer of Corporate Stock for Establishment Known as Eaton' s Redwood Inn, 118 West Chicago Street 2 . Application of Azteca De Oro, Inc . for Class E Liquor License for Establishment Known as Azteca De Oro, 260 National Street rm. E . Public Hearings : 1 . Public Hearing Regarding Nite Owl, Inc . , 950 East Chicago Street, Holder of Class B Liquor License; Violation of Elgin Municipal Code Sections 6 . 06 . 140 and 6 . 06 . 150 - Sale of Alcoholic Liquor to Minor by Agent and Employee of Licensee 2 . Public Hearing Regarding Barot Elgin Grocery, Inc. , d/b/a 7-11 Store #27616 , 957 Summit Street, Holder of Class B Liquor License; Violation of Elgin Municipal Code Sections 6 . 06 . 140 and 6 . 06 . 150 - Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee F. Other Business 1 . Notification from Dominick' s Finer Foods, Inc . Regarding Change of Name from Omni Superstore to Fresh Stores, 250 South Randall Road 2 . Miscellaneous elk G. Adjournment ELGIN LIQUOR CONTROL COMMISSION MEETING DECEMBER 3, 1997 The meeting was called to order at 1 : 25 p.m. in the South Wing First Floor Conference Room by Commission Chairman Kevin Kelly. Members present: Commissioners Gavin, Walters, and Chairman Kelly. Absent: None. Approval of Minutes Commissioner Gavin made a motion, seconded by Commissioner Walters, to approve the minutes of the August 6 and September 10, 1997, meetings . Yeas : Commissioners Gavin, Walters, and Chairman Kelly. Nays : None. Application for Transfer of Corporate Stock for Establishment Known as Eaton's Redwood Inn, 118 West Chicago Street Commissioner Walters made a motion, seconded by Commissioner Gavin, to approve the aforesaid application to transfer all of the corporate stock to Scott R. Eaton. Yeas : Commissioners Gavin, Walters, and Chairman Kelly. Nays : None. Application of Azteca De Oro, Inc. for Class E Liquor License for Establishment Known as Azteca De Oro, 260 National Street Commissioner Walters made a motion, seconded by Commissioner Gavin, to approve the aforesaid application, subject to compliance with all codes and confirming that the restaurant has the capacity to serve meals to 150 persons at one time. Yeas: Commissioners Gavin, Walters, and Chairman Kelly. Nays : None. Public Hearing Regarding Nite Owl, Inc. , 950 East Chicago Street, Holder of Class B Liquor License; Violation of Elgin Municipal Code Sections 6.06 . 140 and 6 .06. 150 - Sale of Alcoholic Liquor to Minor by Agent and Employee of Licensee and Public Hearing Regarding Barot Elgin Grocery, Inc. , d/b/a 7-11 Store #27616, 957 Summit Street, Holder of Class B Liquor License; Violation of Elgin Municipal Code Sections 6.06 . 140 and 6.06. 150 - Sale of Alcoholic Liquor to a Minor by Agent and Employee of License Chairman Kelly entered Orders continuing both of the above public hearings to the January 7, 1998, Liquor Commission meeting. r s - Liquor Commission Meeting December 3, 1997 Page 2 Notification from Dominick's Finer Foods, Inc. Regarding Change of Name from Omni Superstore to Fresh Stores, 250 South Randall Road This notification was given to the Liquor Commission as required by the Liquor Code. No action is required by the Commission. Setting Public Hearings On November 18 and 22 , 1997 , the Police Department conducted investigations regarding the sale of liquor to minors . Of the 11 establishments investigated, Butera Finer Foods, J. J. Peppers Foods, and Miska ' s Price Rite Liquors failed the investigation. Commissioner Walters made a motion, seconded by Commissioner Gavin, directing Assistant Corporation Counsel Cogley to prepare complaints and schedule public hearings regarding the three aforesaid establishments . Yeas : Commissioners Gavin, Walters, and Chairman Kelly. Nays : None. Adjournment Commissioner Walters made a motion, seconded by Commissioner Gavin, to adjourn the meeting. Yeas : Commissioners Gavin, Walters, and Chairman Kelly. Nays : None. - Meeting adjourned at 1 :40 p.m. ii ! 1 I` _ January 7, 1998 Dolonna Mecum, Re .rding Secretary Date Approved few