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HomeMy WebLinkAbout1998 Liquor Commission r ELGIN LIQUOR CONTROL COMMISSION MEETING South Wing First Floor Conference Room Regular Meeting 1 : 00 p.m. January 7 , 1998 A. Call to Order B. Roll Call C. Approval of Minutes - December 3, 1997 D. Applications 1 . Application of Speedway SuperAmerica LLC for Class B-1 Liquor License for Establishment to be Known as Speedway/Starvin Marvin #7514, 1570 Big Timber Road 2 . Application of Numan Brothers, Inc. for Class B-i Liquor License for Establishment to be Known as Price Rite Gas and Food, 180 Kimball Street 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 3 . Public Hearing Regarding Butera Finer Foods, Inc. , 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 Licensee 4 . Public Hearing Regarding 2 South State Street, Inc . , d/b/a J. J. Peppers Food Store #21, 10 South State Street, Holder of Class B-1 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 5 . Public Hearing Regarding Kalm, Inc. , d/b/a Miska' s Price Rite Liquors, 1055 N. Liberty 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 G. Adjournment emk r ELGIN LIQUOR CONTROL COMMISSION MEETING JANUARY 7, 1998 The meeting was called to order at 1 : 05 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 - December 3, 1997 Commissioner Walters made a motion, seconded by Commissioner Gavin, to approve the minutes of the December 3, 1997, meeting. Yeas : Commissioners Gavin, Walters, and Chairman Kelly. Nays : None. Application of Speedway SuperAmerica LLC for Class B-i Liquor License for Establishment to be Known as Speedway/Starvin Marvin #7514, 1570 Big Timber Road Commissioner Gavin made a motion, seconded by Commissioner Walters, to approve the aforesaid application, subject to the City Council increasing the number of Class B-1 liquor licenses . Yeas : Commissioner Gavin and Chairman Kelly. Nays : Commissioner Walters . '"' Application of Numan Brothers, Inc. for Class B-1 Liquor License for Establishment to be Known as Price Rite Gas and Food, 180 Kimball Street Representatives from the neighborhood expressed their disapproval of the Liquor Commission approving any liquor license at the above location. Commissioner Gavin made a motion, seconded by Commissioner Walters, to approve the aforesaid application, subject to the City Council increasing the number of Class B-1 liquor licenses and surrender of the current liquor license. 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 on October 8, 1997 Ron Lang, shareholder and president of Nite Owl, Inc . , 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 investigation. There was one prior incident on December 5, 1996, of selling liquor to a minor at this e establishment, and a fine of $750 plus cost was imposed. A stipulation has been entered into by Mr. Lang acknowledging the allegations set forth in the complaint. Liquor Commission Meeting January 7 , 1998 Page 2 Commissioner Walters made a motion, seconded by Commissioner Gavin, to assess a fine of $1, 000 plus costs. Yeas : Commissioners Gavin, Walters, and Chairman Kelly. Nays : None. 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 on October 8, 1997 Assistant Corporation Counsel Cogley advised the Commission that the owner of the aforesaid business is out of town and has requested a continuance to the February 4 , 1998, meeting. Commissioner Gavin made a motion, seconded by Commissioner Walters, to approve the request to continue this public hearing to the February 4 , 1998, meeting. Yeas : Commissioners Gavin, Walters, and Chairman Kelly. Nays : None. Public Hearing Regarding Butera Finer Foods, Inc. , 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 Licensee on November 18, 1997 eft John Termine, Manager of Butera Finer Foods, appeared pursuant to the Notice of Hearing with reference to the aforesaid violation. Assistant Corporation Counsel Cogley advised the Commission that this incident was as a result of a Police Department investigation. There was one prior incident on December 19 , 1996, of selling liquor to a minor at this establishment, and a fine of $750 plus cost was imposed. A stipulation has been entered into by Joseph Butera acknowledging the allegations set forth in the complaint. Commissioner Gavin made a motion, seconded by Commissioner Walters to assess a fine of $1, 000 plus costs . Yeas : Commissioners Gavin, Walters, and Chairman Kelly. Nays : None. Public Hearing Regarding 2 South State Street, Inc. , d/b/a J. J. Peppers Food Store #21, 10 South State Street, Holder of Class B-1 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 on November 18, 1997 Rick Heidner, shareholder of 2 South State Street, Inc . , the manager of J. J. Peppers Food Store #21, and an attorney representing the licensee, 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 ern" investigation. There have been no prior offenses of this nature at this establishment, and it has successfully passed a prior investigation. A stipulation has been entered into by James Liquor Commission Meeting January 7 , 1998 Page 3 Edward Sayre, president of 2 South State Street, Inc. , acknowledging the allegations set forth in the complaint. Commissioner Walters made a motion, seconded by Commissioner Gavin, to assess a fine in the amount of $750 plus cost. Yeas : Commissioners Gavin, Walters, and Chairman Kelly. Nays : None. Public Hearing Regarding Kalm, Inc. , d/b/a Miska's Price Rite Liquors, 1055 N. Liberty 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 on November 22, 1997 Jerry Mowinski, shareholder and president of Kalm, Inc . , 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 investigation. There was one prior incident on February 24 , 1996 , of selling liquor to a minor at this establishment, and a fine of $1, 000 plus cost was imposed. This establishment had also recently successfully passed a prior investigation. A stipulation has been entered into by Mr. Mowinski acknowledging the allegations set forth in the complaint. Commissioner Gavin made a motion, seconded by Commissioner Walters, to assess a fine of $750 plus costs . Yeas : Commissioners Gavin, Walters, and Chairman Kelly. Nays : None. Consideration of Draft Ordinance Amending the Liquor Code to Provide for a Special Event Permit and to Defer Payment of License fee for Applicants for New Licenses Commissioner Walters made a motion, seconded by Commissioner Gavin, to recommend approval to the City Council of the proposed ordinance regarding the aforesaid amendments to the Liquor Code. 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 : 37 p.m. it)(41."Z.—filt4444'"4' February 4, 1998 Dolonna Mecum, Recording Secretary Date Approved ,., ELGIN LIQUOR CONTROL COMMISSION MEETING South Wing First Floor Conference Room Regular Meeting 1 : 00 p.m. February 4, 1998 A. Call to Order B. Roll Call C. Approval of Minutes - January 7 , 1998 D. 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 on October 8, 1997 E. Other Business fek Miscellaneous F. Adjournment ELGIN LIQUOR CONTROL COMMISSION MEETING FEBRUARY 4, 1998 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 - January 7, 1998 Commissioner Gavin made a motion, seconded by Commissioner Walters, to approve the minutes of the January 7 , 1998, meeting. Yeas : Commissioners Gavin, Walters, and Chairman Kelly. Nays : None. 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 on October 8, 1997 Mr. Barot appeared on behalf of the licensee, Barot Elgin Grocery, Inc . , pursuant to the Notice of Hearing with reference to the aforesaid violation. Assistant Corporation Counsel Cogley advised the Commission that this incident was as a result of a tow Police Department investigation. There was one prior incident on March 21, 1997 , of selling liquor to a minor at this establishment, and a fine of $250 plus cost was imposed. Further, this establishment has successfully passed investigations on March 3, 1996 , and October 24 , 1996 . Mr. Barot advised the Commission that they have put up a sign stating that no liquor may be purchased without identification. Commissioner Walters made a motion, seconded by Commissioner Gavin, to assess a fine of $1, 000 plus the court reporter fee. Yeas : Commissioners Gavin, Walters, and Chairman Kelly. Nays : None. Adjournment Commissioner Gavin made a motion, seconded by Commissioner Walters, to adjourn the meeting. Yeas : Commissioners Gavin, Walters, and Chairman Kelly. Nays : None. Meeting adjourned at 1 : 07 p.m. March 4, 1998 Dolonna Mecum, Recording Secretary Date Approved NOTICE OF SPECIAL MEETING Notice is hereby given that the Local Liquor Control Commission will conduct a special meeting on Friday, February 20, 1998, in Conference Room B, located in the South Wing of Elgin City Hall, 150 Dexter Court, Elgin, Illinois . The purpose of this meeting is to consider the matters set forth in the agenda below. DATED: February 17 , 1998 Dolonna Mecum Elgin City Clerk ELGIN LIQUOR CONTROL COMMISSION MEETING South Wing First Floor Conference Room B eft Special Meeting 2 : 00 p.m. February 20, 1998 A. Call to Order B. Roll Call C. Application of EJNV Corporation for Class E Liquor License for Establishment known as Summit Bar and Grill, 835 Summit D. Request of Class A Licensee DeLara ' s Inc. to Change the Layout of LaMovida, 840 North State Street E. Adjournment emw ELGIN LIQUOR CONTROL COMMISSION MEETING FEBRUARY 20, 1998 The meeting was called to order at 2 : 05 p.m. in the South Wing First Floor Conference Room B by Commission Chairman Kevin Kelly. Members present: Commissioners Gavin, Walters, and Chairman Kelly. Absent: None. Application of EJNV Corporation for Class E Liquor License for Establishment known as Summit Bar and Grill, 835 Summit Commissioner Gavin made a motion, seconded by Commissioner Walters, to approve the aforesaid application subject to compliance with all codes and surrender of existing liquor license. Yeas : Commissioners Gavin, Walters , and Chairman Kelly. Nays : None. Request of Class A Licensee DeLara's Inc. to Change Layout of LaMovida, 840 North State Street Commissioner Walters made a motion, seconded by Commissioner Gavin, to approve the aforesaid request for change of layout, subject to the site plan being approved by the Department of Code Administration Plan Examiner and compliance with all applicable codes . Yeas : Commissioners Gavin, Walters, and Chairman Kelly. Nays : None. Adjournment Commissioner Gavin made a motion, seconded by Commissioner Walters , to adjourn the meeting. Yeas : Commissioners Gavin, Walters, and Chairman Kelly. Nays : None. Meeting adjourned at 2 : 17 p.m. 61664.■04.-- ik-0-4-444""- March 4 , 1998 Dolonna Mecum, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION MEETING eft South Wing First Floor Conference Room Regular Meeting 1: 00 p.m. March 4 , 1998 A. Call to Order B. Roll Call C. Approval of Minutes : February 4 , 1998, Regular Meeting February 20, 1998, Special Meeting D. Application of Hugee Enterprises for Class F Liquor License for Establishment Known as Al ' s Cafe and Creamery, 43 DuPage Court E. Other Business 1 . Discussion Regarding April Meeting Date(s) 2 . Miscellaneous F. Adjournment rift ELGIN LIQUOR CONTROL COMMISSION MEETING MARCH 4, 1998 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 and Walters . Absent: None. Approval of Minutes Commissioner Walters made a motion, seconded by Commissioner Gavin, to approve the minutes of the February 4, 1998, regular meeting and the February 20, 1998, special meeting. Yeas : Commissioners Gavin, Walters, and Chairman Kelly. Nays : None. Application of Hugee Enterprises for Class F Liquor License for Establishment Known as Al's Cafe and Creamery, 43 DuPage Court Commissioner Gavin made a motion, seconded by Commissioner Walters, to approve the aforesaid application subject to the condition that the required grease trap be installed in accordance with the agreement reached between the applicant and the Fox River Water Reclamation District. Yeas : Commissioners Gavin, Walters, and Chairman Kelly. Nays : None. Discussion Regarding April Meeting Dates In addition to the regular meeting on April 1, the Commission agreed to schedule a special meeting on April 22, 1998, at 1 p.m. for the purpose of considering the applications for annual liquor liquor renewals . Adjournment Commissioner Gavin made a motion, seconded by Commissioner Walters, to adjourn the meeting. Yeas : Commissioners Gavin, Walters, and Chairman Kelly. Nays : None. Meeting adjourned at 1 : 10 p.m. April 1, 1998 Dolonna Mecum, Recording Secretary Date Approved rim ,, ELGIN LIQUOR CONTROL COMMISSION MEETING em South Wing First Floor Conference Room Regular Meeting 1 : 00 p.m. April 1, 1998 A. Call to Order B. Roll Call C. Approval of Minutes - March 4 , 1998 D. Applications : 1 . Application for Transfer of Corporate Stock for Foxhole Pub, 158 North Street 2 . Application for Transfer of Corporate Stock for The Mission, 209 1/2 East Chicago Street E. Other Business 1 . Notification of Name Change from Summit Bar and Grill to John' s Place, 835 E . Summit Street 2 . Discussion Regarding Possible Changes in Application Procedure and Fee 3 . Miscellaneous F. Adjournment ELGIN LIQUOR CONTROL COMMISSION MEETING APRIL 1, 1998 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 - March 4, 1998 Commissioner Gavin made a motion, seconded by Commissioner Walters, to approve the minutes of the March 4 , 1998, meeting. Yeas : Commissioners Gavin, Walters, and Chairman Kelly. Nays : None. Application for Transfer of Corporate Stock for Foxhole Pub, 158 North Street (Class A Liquor License) 1 Commissioner Walters made a motion, seconded by Commissioner Gavin, to approve the transfer of 100 percent of the corporate stock of the Foxhole Pub, Inc. from Carmello R. Villanueva to Luis Miranda, subject to assignment of the existing lease from Carmello R. Villanueva to Foxhole Pub, Inc. Yeas : Commissioners Gavin, Walters, and Chairman Kelly. Nays : None. Application for Transfer of Corporate Stock for The Mission, 209 1/2 East Chicago Street (Class A Liquor License Commissioner Gavin made a motion, seconded by Commissioner Walters, to approve the transfer of 50 percent of the corporate stock of The Mission from Justin Allen to Robert V. Kokat. Yeas : Commissioners Gavin, Walters, and Chairman Kelly. Nays : None. Notification of Name Change from Summit Bar and Grill to John's Place, 835 E. Summit Street The Liquor Commission was notified that the restaurant formerly known as Summit Bar and Grill located at 835 E. Summit Street has been changed back to John' s Place. Discussion Regarding Potential Changes in Application Procedure and Fee The Illinois Liquor Code provides that persons who have been convicted of certain offenses are ineligible to receive any kind of liquor license. The Liquor Commission was advised that the Elgin Police Department must limit its criminal history background check on liquor license applicants to City of Elgin arrest records . It was suggested that the Liquor Commission consider changing the procedure to include state criminal history background checks, which may be obtained from the Illinois em. Department of State Police by submitting a form and a $12 fee. Assistant Corporation Counsel Cogley was asked to investigate .- -Liquor Commission Meeting April 1, 1998 Page 2 r what would be involved to expand the criminal history background checks to also include records from the Federal Bureau of Investigation. The various background check options will be considered at the special April 22 meeting. Because of the amount of time involved in processing liquor license applications, Liquor Commission Secretary Mecum suggested that the Commission consider increasing the amount of the liquor license application fee from the current amount of $25 . An informal survey revealed that liquor license application fees range from $100 to $1000 in other area communities . This will also be considered at the April 22 meeting. Report Regarding Zoning Review of Liquor License Holders The Department of Code Administration status report regarding systematic zoning review of liquor license holders was discussed. All except two properties are either in compliance or making progress . The appropriateness of reviewing liquor licensees for code compliance prior to license renewal was raised. 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 : 25 p.m. $104K...w4L i/1424446, May 6, 1998 Dolonna Mecum, City Clerk Date Approved NOTICE OF SPECIAL MEETING PURSUANT TO THE OPEN MEETINGS ACT, notice is hereby given that the Local Liquor Control Commission will conduct a special meeting on Wednesday, April 22, 1998, at 1 p.m. in the First Floor Conference Room, located in the South Wing, 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: April 17 , 1998 Dolonna Mecum Elgin City Clerk ELGIN LIQUOR CONTROL COMMISSION MEETING South Wing First Floor Conference Room r Special Meeting 1 : 00 p.m. April 22, 1998 • A. Call to Order B. Roll Call C. Consideration of Applications for Renewal of Liquor Licenses for the Period May 1 , 1998 through April 30 , 1999 (Material to be Furnished) D. Continued Consideration Regarding Criminal History Background Checks for Liquor License Applicants E. Adjournment rft ELGIN LIQUOR CONTROL COMMISSION MEETING APRIL 22, 1998 The special meeting was called to order at 1 : 05 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. Consideration of Applications for Renewal of Liquor Licenses for the Period May 1, 1998 through April 30, 1999 Commissioner Walters made a motion, seconded by Commissioner Gavin, to approve the applications for renewal for those establishments set forth below on List A. Yeas: Commissioners Gavin, Walters, and Chairman Kelly. Nays : None. LIST A Alexander's Restaurant, 1725 N. State Street * Al ' s Cafe and Creamery, 43 Fountain Square Plaza * Applebee's Neighborhood Grill, 125 S. Randall Road * AWF Thai & Chinese Restaurant, 415 Summit Street * Azteca De Oro Restaurant, 260 National Street * 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 at Hemmens, 150 Dexter Court 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 Restaurant & Lounge, 219 E. Chicago Street * Elgin Riverside Club, 21 Lincoln Avenue • . Liquor Commission Meeting April 22, 1998 Page 2 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 * 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 * 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. * Hoppe' s Corner, 1075 N. Liberty Street Hunan Gardens, 312-A South McLean Blvd Jake ' s Pizza, 728 W. Chicago Street Jalapenos Restaurant, 7 Clock Tower Plaza * JB' s Pub & Pietro's Pizza, 297 S. McLean Boulevard J.J. Peppers, 10 S. State Street * John' s Place, 835 Summit Street * LaMovida of Elgin, 840 N. State Street LaPuesta Del Sol, 165 E. Highland Avenue * Marilyn' s Roadhouse, 992 St. Charles Street Liberty Liquors, 601 Cooper Avenue Lone Star Steakhouse & Saloon, 155 S . Randall Road * Loyal Order of Moose 799 , 70 N. State Street Marriott Management Corp. , 2500 Westfield Drive McLean 76 Mart, 275 S. McLean Boulevard * The Mission, 209 E. Chicago Street * 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 * Osco Drug Store #838, 1038 Summit Street Liquor Commission Meeting April 22, 1998 Page 3 eft' Owls Athletic Club, 209-211 E. Chicago Street Prairie Rock Brewing Company, 127 S. Grove Avenue * Price-Rite Gas & Liquor, 180 Kimball Street Price-Rite Miska ' s, 1055 N. Liberty Street * Schlotzsky' s Deli, 280 S . Randall Road 7-Eleven Foods, 633 E. Chicago Street * 7-Eleven Foods, 957 Summit Street * Shanghai Restaurant, 11 Douglas Avenue Spartan Meadows Golf Course, Spartan Drive * Speedway/Starvin Marvin #7514, 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 * Super Saver Foods, 776 Walnut Avenue * 212 Club, 212 Ball Street * Town Liquors, 300 S. McLean Boulevard VFW Watch City Post 1307 , 1601 Weld Road Villa Liquors, 695 Villa Street 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 Gavin made a motion, seconded by Commissioner Walters, to approve the application for renewal of the establishment set forth on List B, subject to receipt of the certificate of insurance. Yeas : Commissioners Gavin, Walters, and Chairman Kelly. Nays : None. LIST B American Legion, 820 N. Liberty Street Commissioner Walters made a motion, seconded by Commissioner Gavin, to approve the applications for renewal of the establishments set forth below on List C, subject to the stipulation that continuation of their license after the expiration of their current lease is subject to the City Clerk being furnished with a lease through the remainder the license Liquor Commission Meeting April 22, 1998 Page 4 period. Yeas : Commissioners Gavin, Walters, and Chairman Kelly. Nays : None. Eagle Food Center #261, 306 S. McLean Boulevard McLean 76 Mart, 275 S . McLean Boulevard * Osco Drug Store #854, 1670 Larkin Avenue Super Saver Food Mart, 776 Walnut Avenue * Commissioner Gavin made a motion, seconded by Commissioner Walters, to approve the additional permits as set forth below on List D. Yeas : Commissioners Gavin and Chairman Kelly. Nays : Commissioner Walters . LIST D Extended Hours Permit Facaccia ' s Ristorante, 50 North Spring Street Exterior Sales Permit Foxhole Pub, 158 North Street JB's Pub & Pietro's Pizza, 297 S. McLean Boulevard tow Lone Star Steakhouse & Saloon, 155 S . Randall Road Prairie Rock Brewing Co. , 127 S . Grove Avenue Schlotszky' s Deli, 280 S. Randall Road Sports Pub, 302 S. McLean Boulevard Continued Consideration Regarding Criminal History Background Checks for Liquor License Applicants Assistant Corporation Counsel Cogley reviewed the results of his inquiry regarding expanded criminal history background checks . A non-fingerprint conviction information report, based upon the name of the subject, can be obtained from the Illinois Department of State Police for a fee of $12 . The second type of information request is a fingerprint conviction information request. This requires that the liquor license applicant have two sets of fingerprints taken at the Elgin Police Department--one on an Illinois State Police fingerprint card and the other set on an FBI card. The fees for this procedure total $48 and provides reports both on Illinois criminal convictions and nationwide criminal conviction information from the FBI . Mr. Cogley recommended that the City conduct fingerprint conviction information requests . eow Liquor Commission Meeting - April 22, 1998 Page 5 Discussion was held regarding the options presented and also whether background checks would be conducted on shareholders of publicly traded stock. Commissioner Gavin made a motion, seconded by Commissioner Walters, to obtain a non-fingerprint criminal history background check of liquor license applicants from the Illinois State Police. Yeas : Commissioners Gavin, Walters, and Chairman Kelly. Nays : None. Discussion was held regarding whether to require applicants to pay the fee for the background check and whether to increase the liquor license application fee from the current amount of $25 . Commissioner Gavin made a motion, seconded by Commissioner Walters, to require applicants to pay the fee to the Illinois State Police for the background checks. Yeas : Commissioners Gavin, Walters, and Chairman Kelly. Nays : None. Adjournment Commissioner Gavin made a motion, seconded by Commissioner adjourn the meeting. Yeas : Commissioners Gavin, Walters, and Chairman Kelly. Nays : None. Meeting adjourned at 1 :40 p.m. May 6, 1998 Dolonna Mecum, ity Clerk Date Approved ELGIN LIQUOR CONTROL COMMISSION MEETING South Wing First Floor Conference Room Regular Meeting 1 : 00 p.m. May 6 , 1998 A. Call to Order B. Roll Call C. Approval of Minutes : April 1 , 1998, Regular Meeting April 22 , 1998, Special Meeting D. Applications 1 . Application for Transfer of Corporate Stock for Green Jade Restaurant, Inc . (Class A Liquor License) 2 . Application of Hugee Enterprises , Inc . for Exterior Sales Permit for Al ' s Cafe and Creamery, 43 DuPage Court E. Public Hearings rft 1 . Public Hearing Regarding Speedway SuperAmerica LLC/d/b/a Speedway/Starvin Marvin #7514 , 1570 Big Timber Road, Holder of Class B-1 Liquor License, Violation of Elgin Municipal Code 6 . 06 . 140 and 6 . 06 . 150 - Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee 2 ) 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 6 . 06 . 140 and 6 . 06 . 150 - Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee F . Other Business 1 . Consideration of Amendment to Liquor Code Regarding Sale of Alcoholic Liquor at Special Events Sponsored by Not-for-Profit Organizations 2 . Miscellaneous F. Adjournment rift ELGIN LIQUOR CONTROL COMMISSION MEETING fek MAY 6, 1998 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 (arrived at 1: 18 p.m. , and Chairman Kelly. Absent: None. Approval of Minutes Commissioner Gavin made a motion, seconded by Chairman Kelly, to approve the minutes of the April 1, 1998, regular meeting and the April 22 , 1998, special meeting. Yeas : Commissioner Gavin and Chairman Kelly. Nays : None. Application for Transfer of Corporate Stock for Green Jade Restaurant, Inc. (Class A Liquor License) Commissioner Gavin made a motion, seconded by Chairman Kelly, to approve the application for transfer of fifty percent of the corporate stock for Green Jade Restaurant, Inc. from Keith Wu to Somsy Ang, who previously owned the other fifty percent of the corporate stock. Yeas : Commissioner Gavin and Chairman Kelly. Nays : None. Public Hearing Regarding Speedway SuperAmerica LLC, d/b/a Speedway/Starvin Marvin #7514, 1570 Big Timber Road, Holder of Class B-1 Liquor License, Violation of Elgin Municipal Code 6.06. 140 and 6 .06 . 150 - Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee Robert Benedik, Manager of Speedway/Starvin Marvin #7514 , and Kim Kearney, attorney for Speedway SuperAmerica LLC, appeared pursuant to the Notice of Hearing with reference to the aforementioned incident which occurred on March 16 , 1998 . Assistant Corporation Counsel Cogley advised the Commission that a stipulation has been entered into by the licensee acknowledging that the allegations set forth in the complaint did occur. There have been three prior incidents of sale of liquor to a minor at this establishment involving the successor corporation of the licensee on December 10, 1987 , April 30, 1993, and August 12 , 1995 . Attorney Kearney advised the Commission that the employee involved in the subject incident was a new employee hired January 28, 1998, who was terminated as a result of this incident. Since the occurrence, a policy has been established requiring new employees to complete TAM training prior to being allowed to sell liquor. This establishment successfully passed a r•. sting operation in May 1997 , and this is the first incident of this nature since Mr. Benedik became the manager. Liquor Commission Meeting May 6 , 1998 Page 2 es- Commissioner Gavin made a motion, seconded by Chairman Kelly, to assess a fine in the amount of $1,000 plus the cost of the court reporter. Yeas : Commissioner Gavin 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 6 .06. 140 and 6 .06 . 150 - Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee Assistant Corporation Counsel Cogley advised the Commission that Barri Cas, Inc. , d/b/a White Hen Pantry, has requested a continuance to the June 3, 1998, meeting. Commissioner Gavin made a motion, seconded by Chairman Kelly, to approve the request for continuance. Yeas : Commissioner Gavin and Chairman Kelly. Nays : None. Commissioner Walters arrived at 1 : 18 p.m. Application of Hugee Enterprises, Inc. for Exterior Sales Permit for Al 's Cafe and Creamery, 43 DuPage Court Commissioner Gavin made a motion, seconded by Commissioner Walters, to approve the aforesaid application for exterior sales (.1*. permit, subject to approval by the City Council of the proposed agreement for use of the public right-of-way for the proposed outdoor cafe area. Yeas : Commissioner Gavin, Walters, and Chairman Kelly. Nays : None. Consideration of Amendment to Liquor Code Regarding Sale of Alcoholic Liquor at Special Events Sponsored by Not-for-Profit Organizations Requests have been received from not-for-profit organizations that consideration be given to amending the liquor code which currently requires that a vendor be used for the sale of liquor during a special event sponsored by a not-for-profit organization or the city. These organizations maintain that the requirement to use a vendor substantially reduces their potential for fund raising. The Commission discussed the request and reviewed ordinances from Aurora, Naperville, Waukegan, and Champaign which allow liquor sales by not-for-profit organizations at special events without the requirement of a separate vendor. Mr. Cogley stated that consideration should be given to the fact that individuals who have not received BASSET training would be dispensing liquor as opposed to vendors whose employees have received BASSET training. Commissioner Gavin made a motion, seconded by Commissioner Walters, to forward a recommendation to the City Council that the liquor code be amended to allow not-for-profit corporations or associations registered with the State of Illinois to sell Liquor Commission Meeting May 6, 1998 Page 3 alcoholic liquor at special events without the requirement for use of a vendor and to require posting of a $5, 000 bond. Yeas : Commissioner Gavin, Walters, and Chairman Kelly. Nays : None. Adjournment Councilman Walters made a motion, seconded by Councilman Gavin, to adjourn the meeting. Yeas : Commissioner Gavin, Walters, and Chairman Kelly. Nays : None. Meeting adjourned at 1 : 37 p.m. June 3, 1998 Dolonna Mecum, Recording Secretary Date Approved tow ELGIN LIQUOR CONTROL COMMISSION MEETING few South Wing First Floor Conference Room Regular Meeting 1 : 00 p.m. June 3, 1998 A. Call to Order B. Roll Call C. Approval of Minutes - May 6, 1998 D. 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 6 . 06 . 140 and 6 . 06 . 150 - Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee on March 16, 1998 E. License Application of 239 Addison Ltd. for Class A Liquor License and Exterior Sales Permit (Beer Garden) for Establishment to be Known as Doc Ryan' s (n/k/a JB' s Pub) , 297 South McLean Boulevard F. Other Business 1 . Request of Class A Licensee DeLara' s, Inc . to Expand Layout for LaMovida, 840 N. State Street 2 . Miscellaneous G. Adjournment ELGIN LIQUOR CONTROL COMMISSION MEETING JUNE 3, 1998 The meeting was called to order at 1 : 05 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 6, 1998 Commissioner Gavin made a motion, seconded by Commissioner Walters, to approve the minutes . 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 6.06. 140 and 6.06. 150 - Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee on March 16, 1998 Annie Barrientos, one of the shareholders of Barri Cas, Inc. , and Ron Roeser, attorney for Barri Cas, Inc . , appeared pursuant to the Notice of Hearing with reference to the aforementioned incident which occurred on March 16 , 1998 . Assistant Corporation Counsel Cogley advised the Commission that a stipulation has been entered into by the licensee acknowledging that the allegations set forth in the complaint did occur. There was one prior incident of sale of liquor to a minor at this establishment on March 21, 1997, and a fine of $750 was assessed. Attorney Roeser advised the Commission that the owners of this store believe they have successfully passed previous sting operations, prior to the time the Commission began the practice of sending letters to establishments which successfully passed these investigations . Commissioner Walters made a motion, seconded by Commissioner Gavin, to assess a fine of $1, 000 plus the court reporter cost. Yeas : Commissioners Gavin, Walters, and Chairman Kelly. Nays : None. License Application of 239 Addison Ltd. for Class A Liquor License and Exterior Sales Permit (Beer Garden) for Establishment to be Known as Doc Ryan's (n/k/a JB's Pub) , 297 South McLean Boulevard Commission Secretary Mecum advised the Commission that this application has been withdrawn. Liquor Commission Meeting June 3, 1998 Page 2 e.. Request of Class A Licensee DeLara's, Inc. to Expand Layout for LaMovida, 840 N. State Street Commissioner Gavin made a motion, seconded by Commissioner Walters, to approve the request of DeLara' s, Inc . to expand the layout of LaMovida, subject to compliance with all codes . Yeas : Commissioners Gavin, Walters, and Chairman Kelly. Nays : None. A discussion was held regarding the procedures the owners are using to prevent problems, particularly in the parking lot. They are no longer renting the facility to third parties, and they have hired an outside security firm. Request of Butterfield, Butterfield & Dunning Chairman Kelly advised the Commission that he has been contacted by the above auction firm, which has merged with Dunning' s Auction Service of Elgin. They are requesting that consideration be given to creating a liquor license which would enable them to conduct the auction of fine wines via a simulcast format. Chairman Kelly requested that staff examine the possibility of allowing auctions of fine wines by simulcast. Adjournment Councilman Walters made a motion, seconded by Councilman Gavin, "' to adjourn the meeting. Yeas : Commissioners Gavin, Walters, and Chairman Kelly. Nays : None. Meeting adjourned at 1 : 37 p.m. July 1 , 1998 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 1, 1998 A. Call to Order B. Roll Call C. Approval of Minutes - June 3, 1998 D. License Applications 1 . Application of Prachi and Priya, Inc. for Class B-1 Liquor License for Establishment Known as Super Saver Food Mart, 776 Walnut Avenue 2 . Application of DeLara' s, Inc . for Class F Liquor License for Establishment Known as San Marcos '° Restaurant, 56 Villa Street E. Other Business 1 . Proposal of Butterfield, Butterfield & Dunning Auctioneers for Sale of Wine 2 . Miscellaneous F. Adjournment r , ELGIN LIQUOR CONTROL COMMISSION MEETING JULY 1, 1998 The meeting was called to order at 1 : 05 p.m. in the South Wing First Floor Conference Room by Commission Secretary Mecum. Members present: Commissioners Gavin and Yearman. Absent: Chairman Kelly. Appointment of Chairman Pro Tem Commissioner Gavin made a motion, seconded by Commissioner Yearman, to appoint Marie Yearman as Chairman Pro Tem. Yeas : Commissioners Gavin and Yearman. Nays : None. Approval of Minutes - June 3, 1998 Commissioner Gavin made a motion, seconded by Commissioner Yearman, to approve the minutes of the June 3, 1998, meeting as distributed at this meeting. Yeas : Commissioners Gavin and Yearman. Nays : None. Application of Prachi and Priya, Inc. for Class B-1 Liquor License for Establishment Known as Super Saver Food Mart, 776 Walnut Avenue tow Commissioner Yearman made a motion, seconded by Commissioner Gavin, to forward a recommendation to the City Council that an ordinance be passed increasing the number of B-i liquor licenses by one and decreasing the number of B liquor licenses by one. Yeas : Commissioners Gavin and Yearman. Nays : None. The Liquor Commission requested that this matter be placed on both agendas for the July 22 , 1998, Council meeting. Commissioner Gavin made a motion, seconded by Commissioner Yearman, to continue consideration of the above application to the next August 5, 1998, Liquor Commission meeting. Yeas : Commissioners Gavin and Yearman. Nays : None. Application of DeLara's, Inc. for Class F Liquor License for Establishment Known as San Marcos Restaurant, 56 Villa Street Commissioner Yearman made a motion, seconded by Commissioner Gavin, to defer consideration of the above application until the criminal background information is received from the Illinois State Police. Yeas : Commissioners Gavin and Yearman. Nays : None. The Commission directed the Secretary not to put applications on the agenda until the criminal background check information is received by her office. rft - Liquor Commission Meeting „July 1, 1998 Page 2 Proposal of Butterfield, Butterfield & Dunning Auctioneers for Sale of Wine Discussion was held regarding the request for creation of a liquor license class that would permit the sale of fine wines at auctions conducted via a simulcast. The simulcast format has been utilized by Butterfield & Butterfield on the West Coast for fine wine auctions previously, and they would like to include the Elgin location in future fine wine auctions . Bill Grommes, Director of Midwest Operations, described the fine wine auction process . A question was raised regarding payment of Illinois sales tax, and Corporation Counsel Cogley was directed to obtain additional information regarding this aspect. Commissioner Gavin made a motion, seconded by Commissioner Yearman, to forward a recommendation to the City Council for the creation of a license class for the sale of wine by simulcast. Yeas : Commissioners Gavin and Yearman. Nays : None. The Commission directed that the proposed ordinance be placed on both agendas for the July 22 meeting. Adjournment Commissioner Gavin made a motion, seconded by Commissioner Yearman, to adjourn the meeting. Yeas : Commissioners Gavin and Yearman. Nays : None. Meeting adjourned at 1 :40 p.m. August 5, 1998 Dolonna Mecum, Recording Secretary Date Approved NOTICE OF SPECIAL MEETING rft. Notice is hereby given that the Elgin Liquor Control Commission will conduct a special meeting on Wednesday, July 8, 1998, at 5 :45 p.m. , in the Council Conference Room, located on the second floor of the North Wing of Elgin City Hall, 150 Dexter Court, Elgin, Illinois . The purpose of this meeting is to consider the matter set forth in the agenda below. DATED: July 6, 1998 Dolonna Mecum Elgin City Clerk ELGIN LIQUOR CONTROL COMMISSION MEETING North Wing, Second Floor, Council Conference Room Special Meeting 5 : 45 p.m. July 8, 1998 rft A. Call to Order B. Roll Call C. License Application of DeLara' s, Inc. for Class F Liquor License for Establishment Known as San Marcos Restaurant, 56 Villa Street D. Adjournment rft. . • v ELGIN LIQUOR CONTROL COMMISSION MEETING flow JULY 7, 1999 The meeting was called to order at 4 : 00 p.m. in the South Wing First Floor Conference Room by Commission Chairman Ed Schock. Members present : Commissioners Wasilowski, Yearman, and Chairman Schock. Absent : None . Approval of Minutes - June 2, 1999 Commissioner Wasilowski made a motion, seconded by Commissioner Yearman, to approve the minutes of the June 2 , 1999, meeting. Yeas : Commissioner Wasilowski and Chairman Schock. Nays : None . Commissioner Yearman answered present . Public Hearing Regarding Speedway SuperAmerica LLC, d/b/a Speedway/Starvin Marvin #7513, 1570 Big Timber Road, Holder of Class B-1 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 on April 23, 1999 Attorney Michael Vittori appeared on behalf of Speedway SuperAmerica LLC. Assistant Corporation Counsel Gehrman presented exhibits which reflected that there have been four previous incidents of sale of liquor to a minor at this establishments . The dates and fines are as follows : December 1987-fine $750 ; April 1993-fine $1000 ; August 1995-fine $2000 ; and March 1998-fine $1000 . Mr. Gehrman also presented a group exhibit which indicated that letters have been sent to Speedway indicating that on three occasions they successfully passed Police Department investigations wherein they refused to sell alcohol to a minor who attempted to make a purchase . Attorney Vittori described the liquor and tobacco training that each new employee receives, and he stated that they are supervised thereafter for some time . Commissioner Wasilowski made a motion, seconded by Commissioner Yearman, to assess a fine in the amount or $2000 plus the cost of the court reporter. Yeas : Commissioner Wasilowski, Yearman, and Chairman Schock. Nays : None . Chairman Schock advised Mr. Vittori that stronger measures will probably be taken if there is another incident of sale of liquor to a minor at this establishment . Miscellaneous Chairman Schock thanked liquor licensee, Roger Riebock, for his cooperation with the Police Department . r Liquor Commission Meeting July 7, 1999 Page 2 Ad-j ournment Commissioner Yearman made a motion, seconded by Commissioner Wasilowski, to adjourn the meeting. Yeas : Commissioner Wasilowski, Yearman, and Chairman Schock. Nays : None . Meeting adjourned at 4 : 12 p.m. IL_ October 6 , 1999 Dolonna Mecum, Re ording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION SPECIAL MEETING JULY 21, 1999 The special meeting was called to order at 4 p .m. in the South Wing First Floor Conference Room by Commission Chairman Ed Schock. Members present : Commissioner Wasilowski and Chairman Schock. Absent : Commissioner Yearman. Application of Talisman Theatre for Class I Special Event Liquor License, Including Discussion of Ordinance Amendments to Allow for Alcoholic Liquor in Wing Park Discussion was held regarding the request of Talisman Theatre to amend the Elgin Municipal Code to permit the sale of alcohol in City Parks . Corporation Counsel Cogley advised the Liquor Commission that the proposed ordinance he prepared provides that only alcohol could only be sold in the parks at events sponsored or cosponsored by the City, and because of deed restrictions prohibiting alcohol in the park, this amendment would not apply to Lord' s Park. Mr. Cogley suggested that the proposed ordinance also require Police Department approval of a security plan. Mr. Cogley also suggested that the provision requiring a bond for Class I licenses only pertain to those situations when no vendor is being used. Councilman Wasilowski made a motion, seconded by Chairman Schock, to recommend to the City Council that the Elgin Municipal Code be amended to allow the sale of beer and wine in City parks when sponsored or cosponsored by the City, to require the filing and approval of a security plan for Class I liquor licenses, and to only require posting of a $5, 000 bond when no vendor is being used for the event . The motion also included approval of the Talisman Theatre and City of Elgin application for a Class I liquor license for August 5-8 and August 12-15, 1999 . Yeas : Commissioner Wasilowski and Chairman Schock. Nays : None . Adiournment Commissioner Wasilowski made a motion, seconded by Chairman Schock, to adjourn the meeting. Yeas : Commissioner Wasilowski and Chairman Schock. Nays : None . Meeting adjourned at 4 :25 p.m. October 6, 1999 Dolonna Mecum, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION MEETING JULY 8, 1998 The special meeting was called to order at 5 : 50 p.m. in the Council Conference Room. Council Members present: Commissioners Gavin, Yearman, and Chairman Kelly. Absent: None. License Application of DeLara's, Inc. for Class F Liquor License for Establishment Known as San Marcos Restaurant, 56 Villa Street Commissioner Yearman made a motion, seconded by Commissioner Gavin, to approve the aforesaid application. Yeas : Commissioners Gavin, Yearman, and Chairman Kelly. Nays : None. Adjournment Commissioner Yearman made a motion, seconded by Commissioner Gavin, to adjourn the meeting. Yeas : Commissioners Gavin, Yearman, and Chairman Kelly. Nays : None. Meeting adjourned at 5 : 52 p.m. r /1‘..e.c444.„ August 5, 1998 Dolonna Mec m, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION MEETING South Wing First Floor Conference Room Regular Meeting 1 : 00 p.m. August 5, 1998 A. Call to Order B. Roll Call C. Approval of Minutes : July 1, 1998, Regular Meeting July 8, 1998, Special Meeting D. License Application: Application of Prachi and Priya, Inc. for Class B-1 Liquor License for Establishment Known as Super Saver Food Mart, 776 Walnut Avenue E. Other Business 1 . Requests of The Mission, 209 1/2 East Chicago Street: (a) To Amend Liquor Code Regarding Provisions for Extended Hours Permit (b) To Amend Liquor Code Regarding Provisions for Teen Night Permit 2 . Request to Amend Class N License (Riverboat Gaming Pavilion at 250 S . Grove Avenue) - Material to be Furnished 3 . Miscellaneous F. Adjournment r r • ELGIN LIQUOR CONTROL COMMISSION MEETING rm. AUGUST 5, 1998 The meeting was called to order at 1 : 07 p.m. in the South Wing First Floor Conference Room by Commission Chairman Kevin Kelly. Members present: Commissioners Gavin, Yearman, and Chairman Kelly. Absent: None. Approval of Minutes Councilman Gavin made a motion, seconded by Commissioner Yearman, to approve the minutes of the July 1, 1998, regular meeting and the July 8, 1998, special meeting. Yeas : Commissioners Gavin, Yearman, and Chairman Kelly. Nays : None. Application of Prachi and Priya, Inc. for Class B-1 Liquor License for Establishment Known as Super Saver Food Mart, 776 Walnut Avenue Commissioner Yearman made a motion, seconded by Commissioner Gavin, to approve the aforesaid application. Yeas : Commissioners Gavin, Yearman, and Chairman Kelly. Nays : None. Request of The Mission, 209 1/2 East Chicago Street To Amend Liquor Code Regarding Provisions for Extended Hours Permit Dave Shelton, shareholder and manager of The Mission, and Mark Muscarello, attorney for The Mission, advised the Liquor Commission that it is not economically feasible for The Mission to continue operating unless it is able to be open until 4 a.m. on Friday and Saturday nights . Currently the Mission is a nightclub that is only open three nights a week, and people that frequent nightclubs normally do not come in until 11 p.m. or later. They stated that The Mission is at a competitive disadvantage with clubs in Rockford, Aurora, and Chicago because it is required to close at 2 a.m. on Friday and Saturday nights . They believe their establishment is a compliment to the riverboat casino operation and is helping downtown businesses . Currently the provision for an extended hours permit is only available to restaurants that have the capability of serving food to not less than 325 persons at any one time and located in the CC1 Center City zoning district east of the Fox River. The Mission does not serve food and therefore does not qualify under the current provisions for an extended hours permit. Discussion was held regarding the possibility of amending the extended hours provision. Corporation Counsel Cogley stated that another possibility would be to create a new license class for nightclubs, which would be permitted to remain open later than other liquor license establishments . Commissioner Yearman stated that she has always opposed the provision allowing establishments to remain open until 4 a.m. Liquor Commission Meeting August 5, 1998 Page 2 Commissioner Gavin made a motion, seconded by Chairman Kelly, to make a recommendation to the City Council to create a new liquor license class for nightclubs in the CC1 Center City zoning district east of the Fox River and to allow such licensees to be open from 9 p.m. to 4 a.m. on Friday and Saturday night and from 8 p.m. to 2 a.m. one night a week at the discretion of the owner. The fee for this license would be the same as for Class A, which is $1, 300 a year, and this license class would initially be limited to one license. Yeas : Commissioner Gavin and Chairman Kelly. Nays : Commissioner Yearman. Discussion was also held regarding The Mission' s position that is is primarily a membership nightclub. Mr. Cogley stated that the state liquor commission is now interpreting a section within the state liquor code to require liquor license for members only establishments to specifically designate such establishments as being for members only and the sale of liquor being limited to members and their guests . He cautioned that if The Mission wishes to be designated as a private club it will be required to adhere to those state regulations . Request of The Mission To Amend Liquor Code Regarding Provisions for Teen Night Permit Mr. Shelton and Mr. Muscarello stated that they would like to operate a Teen Night at The Mission on Sunday nights . They wish to attract patrons ages 13-17 between the hours of 6 p.m. and 9 : 30 p.m. and patrons ages 18 to 20 from 10 p.m. to 1 a.m. They asked that the Commission consider making a recommendation to the City Council to amend certain portions of the current Teen Night Permit provisions in that they believe they are inapplicable for their establishment and location. In addition, they feel that the current provision which requires that only one event per application shall be allowed is burdensome. Members of the Liquor Commission expressed concern about problems experienced at other teen clubs and stated they would like to have input from the Police Department and Legal Department about other teen clubs in the area and teen clubs in general prior to acting on this request. Commissioner Gavin made a motion, seconded by Commissioner Yearman, to table this request and have the applicant work with the Police Department and Legal Department regarding specific suggestions for changes to the Teen Night Permit provisions . Yeas : Commissioners Gavin, Yearman, and Chairman Kelly. Nays : None. Request to Amend Class N License (Riverboat Gaming Pavilion at 250 S. Grove Avenue) Mr. Cogley advised that he has received a request from the representatives of the Grand Victoria Casino to amend the Liquor Commission Meeting August 5, 1998 Page 3 provisions of the Class N liquor license, which is for the sale of alcoholic liquor at the riverboat gaming pavilion, which includes, among other areas, the Brighton Lounge, which is limited to members only. The state liquor commission is now interpreting a section within the state liquor code to require a separate liquor license for such members only establishments . Mr. Cogley presented a draft ordinance which divides the existing Class N license into Class N and M licenses, which the new Class M license applying to the private members only lounge. Chairman Kelly made a motion, seconded by Commissioner Yearman, to recommend approval of the proposed ordinance and to divide the current $2300 annual year between the two classes . Yeas : Commissioners Gavin, Yearman, and Chairman Kelly. Nays : None. Presentation by Carlos Villanueva Regarding Proposal for 96 South Grove Avenue (Former Crocker Theater) Carlos Villanueva presented a proposal and displayed architectural rendings with reference to using the former Crocker Theater for concerts and live entertainment. He has entered into a lease for the building, subject to being able to obtain a liquor license. Currently the Liquor Code prohibits the issuance of a Class A liquor license for establishments on South Grove Avenue from Chicago Street to Spring Street. Mr. Villanueva is requesting that consideration be given to amending this provision. The Commission expressed concern about the viability of the proposed business and requested that they be furnished with additional information, including a financial plan from Mr. Villanueva and his landlord and a commitments from financial institutions regarding financing for the proposed renovation prior to considering his request. Adjournment Commissioner Gavin made a motion, seconded by Commissioner Yearman, to adjourn the meeting. Yeas : Commissioners Gavin, Yearman, and Chairman Kelly. Nays : None. Meeting adjourned at 2 : 22 p.m. t 461%0NAL ilk4k.WAftew■ September 2 , 1998 Dolonna Mecum, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION MEETING South Wing First Floor Conference Room Regular Meeting 1 : 00 p.m. September 2 , 1998 A. Call to Order B. Roll Call C. Approval of Minutes - August 5, 1998 D. License Application of Elgin Hotel, LLC, d/b/a Crowne Plaza Hotel/Bennigan' s Grill & Tavern, 495 Airport Road E. Other Business 1 . Continued Discussion Regarding Request of The Mission, 209 1/2 East Chicago Street to Amend Teen Night Permit Provisions of the Liquor Code 2 . Continued Discussion of Proposal by Carlos Villanueva Regarding Liquor License for Former Crocker Theater, 96 South Grove Avenue 3 . Miscellaneous F. Adjournment ELGIN LIQUOR CONTROL COMMISSION MEETING SEPTEMBER 2, 1998 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, Yearman, and Chairman Kelly. Absent: None. Approval of Minutes - August 5, 1998 Commissioner Yearman made a motion, seconded by Commissioner Gavin, to approve the minutes of the August 5, 1998, meeting. Yeas : Commissioners Gavin, Yearman, and Chairman Kelly. Nays : None. Application of Elgin Hotel, LLC for a Class D Liquor License for Crowne Plaza Hotel/Bennigan's Grill & Tavern, 495 Airport Road Commissioner Yearman made a motion, seconded by Commissioner Gavin, to approve the above application subject to applicant furnishing all documents required for issuance of the license, including certificate of insurance and occupancy permit. Yeas : Commissioners Gavin, Yearman, and Chairman Kelly. Nays: None. Continued Discussion Regarding Request of The Mission, 209 1/2 00` East Chicago Street to Amend Teen Night Permit Provisions of the Liquor Code Commissioner Yearman made a motion, seconded by Commissioner Gavin, to table consideration of this request due to the fact that The Mission representatives are not in attendance at this meeting. Yeas: Commissioners Gavin, Yearman, and Chairman Kelly. Nays : None. Continued Discussion of Proposal by Carlos Villanueva Regarding Liquor License for Former Crocker Theater, 96 South Grove Avenue Carlos Villanueva requested that the Liquor Commission make a recommendation to the City Council to eliminate the prohibition against issuance of a Class A liquor license for the above location and to increase the number of allowable Class A liquor licenses to enable him to apply for a Class A license for this site. The Commission discussed the business plan presented by Carlos Villanueva. They stated that they believe the plan is not viable, and they are not willing to change the Liquor Code based on the circumstances of this proposal . AIN Liquor Commission Meeting September 2, 1998 Page 2 pm, Miscellaneous Commissioner Yearman made a motion, seconded by Commissioner Gavin, to direct the Corporation Counsel to initiate public hearings regarding the alleged sale of liquor to a minor by Super Saver Food Mart and Liberty Liquors . Yeas : Commissioners Gavin, Yearman, and Chairman Kelly. Nays : None. The Commission received a letter from John Vlagos, owner of John' s Place, at 835 Summit Street, requesting that he be allowed to apply for a Class A liquor license should one become available. He currently has a Class E license and would like to change the emphasis of his establishment from a restaurant to a sports bar. Adjournment Commissioner Gavin made a motion, seconded by Commissioner to adjourn the meeting. Yeas : Commissioners Gavin, Yearman, and Chairman Kelly. Nays : None. Meeting adjourned at 1 :50 p.m. October 7 , 1998 Dolonna Mecu , ecording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION MEETING South Wing First Floor Conference Room Regular Meeting 1 : 00 p.m. October 7, 1998 A. Call to Order B. Roll Call C. Approval of Minutes - September 2, 1998 D. License Application of Elgin River East Entertainment, Inc. for Class R Liquor License for Establishment Known as The Mission, 209 1/2 East Chicago Street E. Public Hearings : 1 . Regarding Liberty Liquors, Inc . , 601 Cooper Avenue, Holder of Class B Liquor License; Violation of Elgin em. Municipal Code Sections 6 . 06 . 140 and 6 . 06 . 150 - Sale of Alcoholic Liquor of a Minor by Agent and Employee of License 2 . Regarding Prachi and Priva, Inc . , d/b/a Super Saver Food Mart, Holder of Class B Liquor License; Violation of Elgin Municipal Code Sections 6 . 06 . 140 and 6 . 06 . 150 - Sale of Alcoholic Liquor of a Minor by Agent and Employee of License F. Other Business Miscellaneous G. Adjournment rft ELGIN LIQUOR CONTROL COMMISSION MEETING OCTOBER 7, 1998 The meeting was called to order at 1 : 05 p.m. in the South Wing First Floor Conference Room by Commission Chairman Kevin Kelly. Members present : Commissioners Gavin, Yearman, and Chairman Kelly. Absent: None. Approval of Minutes - September 2, 1998 Commissioner Gavin made a motion, seconded by Commissioner Yearman, to approve the minutes of the September 2 , 1998, meeting. Yeas : Commissioners Gavin, Yearman, and Chairman Kelly. Nays : None. License Application of Elgin River East Entertainment, Inc. for Class R Liquor License for Establishment Known as The Mission, 209 1/2 East Chicago Street Discussion was held regarding the number of police calls received for incidents occurring at the parking deck during the later hours . Currently Elgin Restaurant and The Mission share the cost of having a police officer at the parking deck from 11 p.m. to 2 a.m. Corporation Counsel Cogley stated that The Mission needs to clarify whether they intend to operate as a private club. Dave Shelton, shareholder and manager, stated that it is their intention to operate as a private club. He will furnish Mr. Cogley with written information regarding the criteria used for membership and admission to the club. Commissioner Gavin made a motion, seconded by Commissioner Yearman, to approve the aforesaid application. Yeas : Commissioners Gavin and Chairman Kelly. Nays : Commissioner Yearman. Public Hearing Regarding Liberty Liquors, Inc. , 601 Cooper Avenue, Holder of Class B Liquor License; Violation of Elgin Municipal Code Sections 6 .06 . 140 and 6 .06 . 150 - Sale of Alcoholic Liquor of a Minor by Agent and Employee of Licensee on August 3, 1998 Tom and Jill Hoppe, shareholders of Liberty Liquors, Inc. , and Robert Kramer, their attorney, appeared pursuant to the Notice of Hearing with reference to the aforementioned violation. Corporation Counsel Cogley advised the Commission that this August 3, 1998, incident was as a result of a Police Department investigation. The licensee has filed a stipulation acknowledging that the allegations set forth in the Complaint fek relating to the sale of alcoholic liquor to a minor did occur. There has been one prior incident of this nature involving this Liquor Commission Meeting October 7 , 1998 Page 2 elftk licensee on September 15, 1994 , and they were fined $750 for that violation. This licensee has successfully passed five previous investigations conducted by the Police Department. Mr. Kramer advised the Commission that Tom and Jill Hoppe also own Hoppe ' s Tavern and have never had any violations of this nature at that establishment. They are good business citizens and train all new employees to require identification if the customer appears to be younger than 27 years of age. Because they have successfully passed five previous investigations, Commissioner Gavin made a motion, seconded by Commissioner Yearman, to assess a fine of $500 plus costs . Yeas : Commissioners Gavin, Yearman, and Chairman Kelly. Nays : None. Public Hearing Regarding Prachi and Priva, Inc. , d/b/a Super Saver Food Mart, Holder of Class B Liquor License; Violation of Elgin Municipal Code Sections 6 .06. 140 and 6 .06 . 150 - Sale of Alcoholic Liquor of a Minor by Agent and Employee of Licensee on August 13, 1998 Indra Patel, sole shareholder and manager, appeared pursuant to the Notice of Hearing with reference to the aforementioned violation. Corporation Counsel Cogley advised the Commission that a liquor license was issued to this licensee on August 5, 1998, and this incident, which was also as a result of a Police Department investigation, occurred on August 13, 1998 . The licensee has filed a stipulation acknowledging that the allegations set forth in the Complaint relating to the sale of alcoholic liquor 44'' a minor did occur. Commissioners advised Mr. Patel that they were concerned about the fact that the police report reflected that he had stated that if minors didn' t buy the alcohol at his store they would buy it someplace else. Councilman Gavin made a motion, seconded by Councilwoman Yearman, to assess a fine of $750 plus costs . Yeas : Commissioners Gavin, Yearman, and Chairman Kelly. Nays : None. Miscellaneous Deputy Police Chief Burns addressed the Commission regarding actions which occurred at LaMovida, 840 North State Street, on October 2 , 1998 . Officers observed a number of underage patrons being admitted to the establishment . The question has also arisen as to whether the holders of the LaMovida license are "subcontracting" their liquor license to Blackeez, which frequently hosts music events at this establishment. Of particular concern is the fact that there are incidents of unrest in the City after a Blackeez music event, requiring a huge OP14 investment of police manpower. The Liquor Commission suggested that Deputy Chief Burns meet with the owners of LaMovida to Liquor Commission Meeting October 7 , 1998 Page 3 ," discuss these concerns and make certain they understand that no one under the age of 21 years is allowed in the establishment unless accompanied by a parent or spouse and that it is not permissible for someone else to use their liquor license. Deputy Chief Burns asked whether the Liquor Commission would like to have the Police Department perform bar checks to determine compliance with BASSET requirements, posting of liquor licenses, etc. when manpower is available. The Commission agreed that it would be a good practice as time times . Adjournment Commissioner Gavin made a motion, seconded by Commissioner Yearman, to adjourn the meeting. Yeas : Commissioners Gavin, Yearman, and Chairman Kelly. Nays : None. Meeting adjourned at 2 : 00 p.m. it)414.4'14-4( November 4, 1998 Dolonna Mecum, Recording Secretary Date Approved rft ELGIN LIQUOR CONTROL COMMISSION MEETING South Wing First Floor Conference Room Regular Meeting 1 : 00 p.m. November 4, 1998 A. Call to Order B. Roll Call C. Approval of Minutes - October 7 , 1998 D. License Applications 1 . Application of EJNV Corporation for a Class A Liquor License for Establishment Known as John' s Place, 835 Summit Street 2 . Application of Carlos Villanueva for Class R Liquor License for Establishment to be Known as Crocker Theater, 96 South Grove Avenue E. Other Business 1 . Police Reports Regarding Municipal Code Violations Noted During Bar Inspections at Following Establishments : Bubba McDuffy' s City Limits Fox Hole Hoppe' s Corner Old Towne Inn 212 Club 2 . Miscellaneous F. Adjournment ELGIN LIQUOR CONTROL COMMISSION MEETING NOVEMBER 4, 1998 The meeting was called to order at 1 : 10 p.m. in the South Wing First Floor Conference Room by Commission Chairman Kevin Kelly. Members present: Commissioner Gavin and Chairman Kelly. Absent: Commissioner Yearman. Approval of Minutes - October 7, 1998 Chairman Kelly made a motion, seconded by Commissioner Gavin, to approve the minutes of the October 7 , 1998, meeting. Yeas : Commissioner Gavin and Chairman Kelly. Nays : None. Application of EJNV Corporation for a Class A Liquor License for Establishment Known as John's Place, 835 Summit Street Chairman Kelly made a motion, seconded by Commissioner Gavin, to approve the aforesaid application subject to receipt of a negative criminal background check from the Illinois State Police. Yeas : Commissioner Gavin and Chairman Kelly. Nays : None. Application of Carlos Villanueva for Class R Liquor License for Establishment to be Known as Crocker Theater, 96 South Grove Avenue The applicant, Carlos Villanueva, Dominic Buttita, owner of the property at 96 South Grove Avenue, and Mr. Buttita ' s attorney, Vince Solano, were present for consideration of the aforesaid application. The Liquor Commissioners expressed their concerns regarding the application and the fact that there are a number of pending code violations regarding the property. After considerable discussion, Chairman Kelly stated that he believes the entire Crocker Theater issue should be discussed by the City Council at its November 18, 1998, meeting. No action was taken on the application. Police Reports Regarding Municipal Code Violations Noted during Bar Inspections The Commission reviewed the police reports regarding bar inspections at Bubba McDuffy' s, City Limits, Fox Hole, Hoppe' s Corner, Old Towne Inn, and 212 Club. The Police Department will conduct follow up inspections . Request of LaMovida Regarding Mexican Concerts The Commission discussed a letter received from Donna DeLara, one of the owners of LaMovida, requesting that the Liquor Code be amended to permit persons under the age of 21 to be admitted to rft LaMovida for concerts . Deputy Police Chief Darr stated that the Police Department has definite concerns about changing the Liquor Liquor Commission Meeting November 4 , 1998 Page 2 Code to allow persons under 21 years of age on the premises of a Class A liquor license establishment. The Legal Department was asked to issue an opinion as to whether there is a state statute prohibiting anyone under the age of 21 to be in a tavern. Adjournment Chairman Kelly made a motion, seconded by Commissioner Gavin, to adjourn the meeting. Yeas : Commissioner Gavin and Chairman Kelly. Nays : None. Meeting adjourned at 2 : 10 p.m. adlefes04.44! Mezie44,1„,„..,„ January 6 , 1999 Dolonna Mecum, Recording Secretary Date Approved (019". OF Et i —City of Elgin Mayor 11 11111 Kevin Kelly 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 December 2 , 1998, regularly scheduled meeting of the Liquor Control Commission has been cancelled. The next regularly scheduled meeting is January 6 , 1999 , at 1 p.m. . DATED: November 20, 1998 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 ® Pooled on recycled paper