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HomeMy WebLinkAbout2003 Liquor Control Commission ELGIN LIQUOR CONTROL COMMISSION MEETING Conference Room A, South Wing Regular Meeting 4:00 p.m. January 9,2003 A. Call to Order B. Roll Call C. Approval of Minutes—December 4, 2002 D. License Applications 1. Application of Carmina's Restaurant & Banquets, Inc. for Class E Liquor License for Restaurant to be Known as Carmina's Restaurant & Banquets 2. Application of Cuisine America, Inc. for Class P Liquor License for Catering Business to be Known as Cuisine America Catered Events, 407 Bluff City Boulevard r E. Public Hearings 1. Public Hearing Regarding Geno and Julie Doghouse, Ltd., d/b/a Geno's Town Liquors, 300 South 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. Public Hearing Regarding Eaton's Redwood Inn, Ltd., d/b/a Eaton's Redwood Inn, 118 West Chicago Street, Holder of Class AA Liquor License; Violations of Elgin Municipal Code Section 6.06.140—Remaining on and Consuming Alcoholic Liquor at Licensed Premises After Permitted Hours and Consuming Alcoholic Liquor Not Purchased on the Licensed Premises F. Continued Consideration of Application of 802 Villa, Ltd. for Class E Liquor License for Restaurant Known as Pepper Mill Restaurant & Pancake House, 802 Villa Street G. Consideration of Police Department Report Regarding December 17, 2002, Liquor License Holder's Compliance Check H. Miscellaneous I. Adjournment • "' ELGIN LIQUOR CONTROL COMMISSION MEETING JANUARY 9, 2003 The meeting was called to order at 4:30 p.m. in Conference Room A of Elgin City Hall by Commission Chairman Ed Schock. Members present: Commissioners Gilliam, Wasilowski, and Chairman Schock. Absent: None. Approval of Minutes Commissioner Wasilowski made a motion, seconded by Commissioner Gilliam, to approve the minutes of the December 4, 2002, meeting. Yeas: Commissioners Gilliam, Wasilowski, and Chairman Schock. Application of Carmina's Restaurant & Banquets, Inc., 1055 North Randall Road, for Class E Liquor License for Restaurant to be Known as Carmina's Restaurant & Banquets Attorney Kathy Hurlbut, representing the applicant, submitted a revised floor plan which reflected that the total number of relevant square feet for the establishment was 7177 and the restaurant area was 4955 square feet, which exceeds the requirement for a Class E liquor license that fifty percent or more of the floor area of the establishment must be utilized for dining room areas for the regular service of meals. The number of seats available surpasses the requirement for a minimum of 150 seats for the service of meals. Commissioner Gilliam made a motion, seconded by Commissioner Wasilowski, to approve the above application with the revised floor plan, subject to the submission of all required documents and issuance of an occupancy permit. Yeas: Commissioners Gilliam, Wasilowski, and Chairman Schock. Application of Cuisine America, Inc. for Class P Liquor License for Catering Business to be Known as Cuisine America Catered Events, 407 Bluff City Boulevard Commissioner Wasilowski made a motion, seconded by Commissioner Gilliam, to approve the above application. Yeas: Commissioners Gilliam, Wasilowski, and Chairman Schock. Public Hearing Regarding Geno and Julie Doghouse, Ltd., d/b/a Geno's Town Liquors, 300 South McLean Boulevard, Holder of Class B Liquor License; Violation of Elgi Municipal Code Sections 6.06.140 and 6.06.150—Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee Gene Kenny, shareholder and president of Geno and Julie Doghouse, Ltd., appeared before the Commission and stated that they have now instituted a policy to require identification for anyone who appears to be under 40 years of age, and they have posted signs stating this policy. He and the employee who sold the liquor to a minor have also retaken the BASSET course. This is the first offense for this licensee. • r Y Liquor Commission Meeting January 9, 2003 Page 2 Commissioner Wasilowski made a motion, seconded by Commissioner Gilliam, to impose a fine of$500 plus costs. Yeas: Commissioners Gilliam, Wasilowski, and Chairman Schock. Public Hearing Regarding Eaton's Redwood Inn, Ltd., d/b/a Eaton's Redwood Inn, 118 West Chicago Street, Holder of Class AA Liquor License; Violations of Elgin Municipal Code Section 6.06.140—Remaining on and Consuming Alcoholic Liquor at Licensed Premises After Permitted Hours and Consuming Alcoholic Liquor Not Purchased on the Licensed Premises Assistant Corporation Counsel Kozal advised the Commission that Attorney William Chesbrough, representing Eaton's Redwood Inn, has requested a continuance because he is in court in Chicago today. Commissioner Gilliam made a motion, seconded by Commissioner Wasilowski, to continue the aforesaid public hearing to February 5, 2003. Yeas: Commissioners Gilliam, Wasilowski, and Chairman Schock. Motion to Recess Commissioner Gilliam made a motion, seconded by Commissioner Wasilowski, to recess the meeting. Yeas: Commissioners Gilliam, Wasilowski, and Chairman Schock. Meeting recessed at 4:52 p.m. Meeting resumed at 5:53 p.m. Continued Consideration of Application of 802 Villa, Ltd. for Class E Liquor License for Restaurant Known as Pepper Mill Restaurant & Pancake House, 802 Villa Street Attorney Kevin Busch, representing the applicant, stated that he had been advised for the first time at this meeting that the Liquor Commission might take the position that the aforesaid application is lacking in that the floor plan which was submitted does not contain dimensions or a legend for square feet. He stated that he believes it would not be appropriate or fair to proceed without submitting a modified floor plan that would contain square footage. Accordingly, he requested a continuance to permit the applicant to submit a modified floor plan. Chairman Schock denied the request for a continuance. Mr. Busch asked that the applicant be allowed to withdraw the application, with the option to resubmit another application at a later date. Chairman Schock granted that request. Consideration of Police Department Report Regarding December 17, 2002, Liquor License Holder's Compliance Check The report was submitted for informational purposes. Mr. Kozal stated that hearings will be scheduled. Liquor Commission Meeting January 9, 2003 Page 3 Adjournment Commissioner Gilliam made a motion, seconded by Commissioner Wasilowski, to adjourn the meeting. Yeas: Commissioners Gilliam, Wasilowski, and Chairman Schock. Meeting adjourned at 6:03 p.m. /.1L.- �- February 5 , 2003 Dolonna Mecum, Recording Secretary Date Approved rik ELGIN LIQUOR CONTROL COMMISSION MEETING Conference Room A, South Wing Regular Meeting 4:00 p.m. February 5, 2003 A. Call to Order B. Roll Call C. Approval of Minutes—January 9, 2003 D. Public Hearings 1. Public Hearing Regarding Jalapenos Corporation, d/b/a Jalapeno's Restaurant, 7 Clock Tower Plaza, Holder of Class E Liquor License; Violations on November 23, 2002, and December 17, 2002, 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. Public Hearing Regarding Lalji Shivam, Inc., d/b/a Wing Park Liquors, 571 N. McLean Blvd, Holder of Class B Liquor License; Violations on December 17, 2002, of Elgin Municipal Code Section 6.06.140 and 6.06.150 Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee 3. Public Hearing Regarding P&K Liquors, Inc., d/b/a, Northwest Liquors, 995 N. McLean Blvd, Holder of Class B Liquor License; Violations on December 17, 2002, 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 and Section 6.06.115 —Failure to Provide BASSET Training for Said Employee 4. Public Hearing Regarding Speedway Super America, LLC, d/b/a, Speedway No. 7514, 1570 Big Timber Road, Holder of Class B-1 Liquor License; Violations on December 17, 2002, 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 and Section 6.06.115 — Failure to Provide BASSET Training for Said Employee F. Miscellaneous G. Adjournment r T` ELGIN LIQUOR CONTROL COMMISSION MEETING February 5, 2003 The meeting was called to order at 4:13 p.m. in Conference Room A of Elgin City Hall by Commission Chairman Ed Schock. Members present: Commissioner Gilliam and Chairman Schock. Absent: Commissioner Wasilowski. Approval of Minutes Commissioner Gilliam made a motion, seconded by Chairman Schock, to approve the minutes of the January 9, 2003, meeting. Yeas: Commissioner Gilliam and Chairman Schock. Nays: None. Public Hearing Regarding Jalapenos Corporation, d/b/a Jalapeno's Restaurant, 7 Clock Tower Plaza, Holder of Class E Liquor License; Violations on November 23, 2002, and December 17, 2002, 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 Corporation Counsel Kozal informed the Commission that a stipulation has been entered into with Gustavo Soto, president and sole shareholder of Jalapeno's Corporation, admitting to the allegation that occurred on December 17, 2002, an employee sold alcoholic liquor to a minor. The November 23, 2002, incident has been eliminated due to insufficient evidence. There has been one previous incident at this establishment involving sale of drugs by an employee. Commissioner Gilliam made a motion, seconded by Chairman Schock, to impose a fine of$1000 plus the court reporter fee. Yeas: Commissioner Gilliam and Chairman Schock. Nays: None. Public Hearing Regarding Lalji Shivan, Inc., d/b/a Wing Park Liquors, 571 North McLean Boulevard, Holder of Class B Liquor License; Violations on December 17, 2002, of Elgin Municipal Code Sections 6.06.140 and 6.06.150 - Sale of Alcoholic Liquor to a Minor Corporation Counsel Kozal informed the Commission that a stipulation has been entered into with Pravin Vyas, president and shareholder of Lalji Shivan, Inc., admitting to the allegation that on December 17, 2002, he sold alcoholic liquor to a minor. There was one previous incident of sale of liquor to a minor in 2000. Commissioner Gilliam made a motion, seconded by Chairman Schock, to impose a fine of$1000 plus the court reporter fee. Yeas: Commissioner Gilliam and Chairman Schock. Nays: None. Public Hearing Regarding P&K Liquors, Inc. , d/b/a Northwest Liquors, 995 North McLean Boulevard, Holder of Class B Liquor License; Violations on December 17, 2002, 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 and Section 6.06.115—Failure to Provide BASSET Training for Said Employee Assistant Corporation Counsel Kozal informed the Commission that a stipulation has been entered into with Gus Toufexis, president and sole shareholder of P&K Liquors, Inc., admitting 4 Liquor Commission Meeting February 5, 2003 Page 2 to the allegation that on December 17, 2002, an employee sold alcoholic liquor to a minor. The BASSET charge has been dismissed in that the employee had been employed less than 60 days. There have been no previous violations during the 16 years this establishment has been in business. Commissioner Gilliam made a motion, seconded by Chairman Schock, to assess a fine in the amount of$500 plus the court reporter fee. Yeas: Commissioner Gilliam and Chairman Schock. Nays: None. Public Hearing Regarding Speedway Super America, LLC, d/b/a Speedway No. 7514, 1570 Big Timber Road, Holder of Class B-1 Liquor License; Violations on December 17, 2002, of Elgin Municipal Code Sections 6.06.140 and t.06.150—Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee and Section 6.06.115—Failure to Provide BASSET Training for Said Employee Assistant Corporation Counsel Kozal advised the Commission that Speedway Super America, LLC did not receive notification of the hearing and complaint until yesterday, and they requsted a continuance to the next meeting, at which time it is anticipated they will enter into a stipulation. Commissioner Gilliam made a motion, seconded by Chairman Schock, to grant the request for a continuance to the next meeting. Yeas: Commissioner Gilliam and Chairman Schock. Nays: None. Update Regarding Application for Pepper Mill Restaurant & Pancake House Kevin Busch, Attorney for 802 Villa, Ltd., the applicant corporation for a liquor license for the above establishment, advised the Commission that there are still some details to be worked out regarding their application. The Plan Examiner will go to the premises to measure the area to confirm that 50 percent of the floor area is for the service of food and that there is seating for at least 150 people for the service of meals. The applicant has signatures from 500 people who support the restaurant getting a liquor license. The President of the Illinois Licensed Beverage Association and a representative from the Northern Illinois branch of said association were present in support of the application for a liquor license for said restaurant. Adjournment Commissioner Gilliam made a motion, seconded by Chairman Schock, to adjourn the meeting. Yeas: Commissioners Gilliam and Chairman Schock. Nays: None. Meeting adjourned at 4:32 p.m. March 5 , 2003 Dolonna Mecum, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION MEETING Conference Room A, South Wing Regular Meeting 4:00 p.m. March 5, 2003 A. Call to Order B. Roll Call C. Approval of Minutes—February 5, 2003 D. Public Hearings 1. Public Hearing Regarding Eaton's Redwood Inn, Ltd., d/b/a Eaton's Redwood Inn, 118 West Chicago Street, Holder of Class AA Liquor License; Violation of Elgin Municipal Code Section 6.06.140—Remaining on and Consuming Alcoholic Liquor at Licensed Premises After Permitted Hours and Consuming Alcoholic Liquor Not Purchased on the Licensed Premises 2. Public Hearing Regarding Speedway Super America, LLC, d/b/a, Speedway No. 7514, 1570 Big Timber Road, Holder of Class B-1 Liquor License; Violations on December 17, 2002, 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 and Section 6.06.115 —Failure to Provide BASSET Training for Said Employee E. Miscellaneous F. Adjournment r en- ELGIN LIQUOR CONTROL COMMISSION MEETING March 5, 2003 The meeting was called to order at 4:02 p.m. in Conference Room A of Elgin City Hall by Commission Secretary Mecum. Members present: Commissioners Gilliam and Wasilowski. Absent: Chairman Schock. Motion to Appoint Chairman Pro Tem Commissioner Gilliam made a motion, seconded by Commissioner Wasilowski, to appoint Commissioner Wasilowski Chairman Pro Tern. Yeas: Commissioners Gilliam and Wasilowski. Nays: None. Approval of Minutes Commissioner Gilliam made a motion, seconded by Commissioner Wasilowski, to approve the minutes of the February 5, 2003, meeting. Yeas: Commissioners Gilliam and Wasilowski. Nays: None. Public Hearing Regarding Eaton's Redwood Inn, Ltd., d/b/a Eaton's Redwood Inn, 118 West Chicago Street, Holder of Class AA Liquor License; Violation of Elgin Municipal Code Section 6.06.140—Remaining on and Consuming Alcoholic Liquor at Licensed Premises After Permitted Hours and Consuming Alcoholic Liquor Not Purchased on the Licensed Premises Assistant Corporation Counsel Kozal advised the Commissioner that Eaton's Redwood Inn is represented by Attorney William Chesbrough who was expected to be present at this meeting to present an affidavit stating that the individuals who were at the licensed premises after permitted hours and consuming alcoholic liquor not purchased on the licenses premises were third party contractors and not employees of the licensee. However, Mr. Chesbrough apparently was detained and unable to attend this meeting. Commissioner Gilliam made a motion, seconded by Commissioner Wasilowski, to continue the aforesaid matter to the April meeting. Yeas: Commissioners Gilliam and Wasilowski. Nays: None. Public Hearing Regarding Speedway Super America, LLC, d/b/a, Speedway No. 7514, 1570 Big Timber Road, Holder of Class B-1 Liquor License; Violations on December 17, 2002, 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 and Section 6.06.115—Failure to Provide BASSET Training for Said Employee Amy Sinclair and Russ Johnston, representing Speedway Super America, advised the Liquor Commission that there has been a cultural change within the company since the Fall of 2002. " Liquor Commission Meeting } March 5, 2002 Page 2 Employees are now required to complete the Techniques of Alcohol Management (TAM) course every six months. Store managers are held accountable and will lose their monthly bonus if the store is cited for illegal sale of tobacco or alcohol, and the employee making the sale is dismissed immediately. There is also a higher possibility of the store manager being terminated. The date of birth of each customer is supposed to be entered into the cash register before making a sale. In the subject incident, the employee simply chose not to enter the date of birth and was terminated immediately. Mr. Kozal stated that the allegation regarding lack of BASSET training has been dropped because the employee had not been employed for 60 days. This is the third violation for this establishment under the current management; however, they have successfully passed four investigations under this management. He advised that the licensee entered into a stipulation admitting the allegation that an employee sold alcoholic liquor to a minor on December 17, 2002. Commissioner Gilliam made a motion, seconded by Commissioner Wasilowski, to assess a fine in the amount of$2,000. Yeas: Commissioners Gilliam and Wasilowski. Nays: None. Yeas: Commissioners Gilliam and Wasilowski. Nays: None. Miscellaneous Mr. Kozal advised the Commission that there have been incidents at Prairie Rock for the third time in six months involving gang members booking parties, which have erupted into disturbances. The latest incident involved guests waiving knives and threatening people. Similar incidents in the past have occurred at Marlene's, Elliot's, and City Limits. He suggested exploring ways to place greater responsibility on the people booking the parties. Commissioner Wasilowski directed staff to prepare an amendment to the ordinance to reflect interest in maintaining control of these incidents. He suggested that licensees and the Police Department be contacted for input. Mr. Kozal also advised the Commission that code inspections of licensed premises have been intensified in light of the Chicago and Rhode Island nightclub tragedies. Adjournment Commissioner Gilliam made a motion, seconded by Commissioner Wasilowski, to adjourn the meeting. Yeas: Commissioners Gilliam and Wasilowski. Nays: None. Meeting adjourned at 4:28 p.m. , /7 April 2 , 2003 Dolonna Mecum, • ecording Secretary Date Approved 4 rik ELGIN LIQUOR CONTROL COMMISSION MEETING Conference Room A, South Wing Regular Meeting 4:00 p.m. April 2, 2003 A. Call to Order B. Roll Call C. Approval of Minutes—March 5, 2003 D. License Applications 1. Application of A J Foodshop, Inc. for Class B-1 Liquor License for Gas Station Mini Mart Located at 275 S. McLean Boulevard 2. Application of Chang Jiang Enterprise, Inc. for Class A Liquor License for Silver Lake Restaurant Located at 881 South Randall Road 3. Application of J. J. Espinoza, Inc., d/b/a Elgran Burrito #2, for Class F Liquor License for Restaurant Located at 415 Dundee Avenue, 4. Application of Anthony and Bettie, Inc., d/b/a Anthony's Restaurant and Jazz Club, 231 Douglas Avenue, for Exterior Sales Permit 5. Application of Elgin River East Entertainment, Inc., d/b/a The Mission, 209 %z East Chicago Street, for"Young Adult Night"Permit for the period from May 1, 2003 to April 30, 2004 E. Public Hearings 1. Continued Public Hearing Regarding Eaton's Redwood Inn, Ltd., d/b/a Eaton's Redwood Inn, 118 West Chicago Street, Holder of Class AA Liquor License; Violation of Elgin Municipal Code Section 6.06.140—Remaining on and Consuming Alcoholic Liquor at License Premises After Permitted Hours and Consuming Alcoholic Liquor Not Purchased on the Licensed Premises 2. Public Hearing Regarding Nick's Condos Riverside Corporation, d/b/a Nick's Liquors, 71 Clock Tower Plaza, Holder of Class B Liquor License; Violation of Elgin Municipal Code Section 6.06.140— Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee f 3. Public Hearing Regarding Elgin Riverboat Resort, d/b/a Grand Victoria Casino Pavilion &Riverboat, Fox and Hounds Lounge, 250 South Grove Avenue, Holder of Class N Liquor License; Violation of Elgin Municipal Code Section 6.06.140— Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee 4. Public Hearing Regarding Kin Sang, Inc., d/b/a Shanghai Restaurant, Bangkok House, 11 Douglas Avenue, Holder of Class A Liquor License; Violation of Elgin Municipal Code, Section 6.06.140140— Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee F. Consideration of Applications for Renewal of Liquor Licenses for the Period from May 1, 2003 through April 30, 2004 (Materials to be Furnished) G. Continued Consideration of Application of 802 Villa, Ltd. for Class E Liquor License for Restaurant Known as Pepper Mill Restaurant &Pancake House, 802 Villa Street H. Miscellaneous I. Adjournment r , ELGIN LIQUOR CONTROL COMMISSION MEETING APRIL 2, 2003 The meeting was called to order at 4:05 p.m. in Conference Room A of Elgin City Hall by Commission Secretary Mecum. Members present: Commissioners Gilliam and Wasilowski. Absent: Chairman Schock. Motion to Appoint Chairman Pro Tem Commissioner Wasilowski made a motion, seconded by Commissioner Gilliam, to appoint Commissioner Gilliam Chairman Pro Tern. Yeas: Commissioners Gilliam and Wasilowski. Nays: None. Approval of Minutes Commissioner Wasilowski made a motion, seconded by Commissioner Gilliam, to approve the minutes of the March 5, 2003, meeting. Yeas: Commissioners Gilliam and Wasilowski. Nays: None. Continued Public Hearing Regarding Eaton's Redwood Inn, Ltd., d/b/a Eaton's Redwood Inn, 118 West Chicago Street, Holder of Class AA Liquor License; Violation on November 22, 2002, of Elgin Municipal Code Section 6.06.140—Remaining on and Consuming Alcoholic Liquor at License Premises After Permitted Hours and Consuming Alcoholic Liquor Not Purchased on the Licensed Premises Assistant Corporation Counsel Kozal presented an affidavit from the owner of Eaton's Redwood Inn stating that the persons on the premises after permitted hours were not employees. Commissioner Wasilowski made a motion, seconded by Commissioner Gilliam, to dismiss the charges. Yeas: Commissioners Gilliam and Wasilowski. Nays: None. Public Hearing Regarding Nick's Condos Riverside Corporation, d/b/a Nick's Liquors, 71 Clock Tower Plaza, Holder of Class B Liquor License; Violation on February 1, 2003, of Elgin Municipal Code Section 6.06.140—Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee Scott Richmond, attorney for Nick's Condos Riverside Corporation, and Nick and Francis Garris, shareholders of said corporation, appeared pursuant to the Notice of Hearing regarding the above matter. Mr. Kozal stated that this licensee has not previously been fined for any violation, and a stipulation has been entered into admitting that on February 1, 2003, an employee sold alcoholic liquor to a minor. Mr. Richmond advised the Commission that the incident occurred during a very time and identification was not checked. He also stated that in over 30 years of operation in Elgin there have not been any prior violations. They are much eilbk busier at their new location, and they will increase their vigilance. Liquor Commission Meeting April 2, 2003 Page 2 Commissioner Wasilowski made a motion, seconded by Commissioner Gilliam, to assess a fine in the amount of$500 plus costs. Yeas: Commissioners Gilliam and Wasilowski. Nays: None. Public Hearing Regarding Elgin Riverboat Resort, d/b/a Grand Victoria Casino Pavilion & Riverboat, Fox and Hounds Lounge, 250 South Grove Avenue, Holder of Class N Liquor License; Violation on February 1, 2003, of Elgin Municipal Code Section 6.06.140—Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee Mr. Kozal advised the Commission that the attorney for Elgin Riverboat Resort was unable to be present for today's meeting and requested that the hearing be continued. Commissioner Wasilowski made a motion, seconded by Commissioner Gilliam, to continue the aforesaid public hearing to the May 7, 2003, meeting. Yeas: Commissioners Gilliam and Wasilowski. Nays: None. Public Hearing Regarding Kin Sang, Inc., d/b/a Shanghai Restaurant, Bangkok House, 11 Douglas Avenue, Holder of Class A Liquor License; Violation on February 1, 2003, of Elgin Municipal Code, Section 6.06.140140—Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee Fred Steffan, attorney for Kin Sang, Inc., and Niphon Jirangboonkul, manager for Shanghai Restaurant and Bangkok House, appeared pursuant of the Notice of Hearing regarding the above matter. Mr. Kozal stated that King Sang, Inc. has not previously been fined under the liquor code. Mr. Steffan advised the Commission that the corporation has been in business for 30 years as Shanghai Restaurant and for 14 years as Bangkok House. Commissioner Wasilowski made a motion, seconded by Commissioner Gilliam, to assess a fine in the amount of$500 plus costs. Yeas: Commissioners Gilliam and Wasilowski. Nays: None. Application of A J Foodshop, Inc. for Class B-1 Liquor License for Gas Station Mini Mart Located at 275 S. McLean Boulevard Commissioner Wasilowski made a motion, seconded by Commissioner Gilliam, to approve the aforesaid application for a Class B-1 liquor license. Yeas: Commissioners Gilliam and Wasilowski. Nays: None. Application of Chang Jiang Enterprise, Inc. for Class A Liquor License for Silver Lake Restaurant Located at 881 South Randall Road Discussion was held regarding creation of a new liquor classification for this establishment rather than granting a Class A liquor license. Commissioner Wasilowski made a motion, seconded by Commissioner Gilliam, to direct corporation counsel to draft a liquor license classification compatible for the above application and to approve said application to be amended to reflect the new liquor license class, subject to Liquor Commission Meeting April 2, 2003 Page 3 City Council approval of the new license class. Yeas: Commissioners Gilliam and Wasilowski. Nays: None. Application of J. J. Espinoza,Inc., d/b/a Elgran Burrito#2, for Class F Liquor License for Restaurant Located at 415 Dundee Avenue Commissioner Wasilowski made a motion, seconded by Commissioner Gilliam, to approve the aforesaid application for a Class F liquor license. Yeas: Commissioners Gilliam and Wasilowski. Nays: None. Application of Anthony and Bettie, Inc., d/b/a Anthony's Restaurant and Jazz Club, 231 Douglas Avenue, for Exterior Sales Permit Commissioner Wasilowski made a motion, seconded by Commissioner Gilliam, to the aforesaid application for an Exterior Sales Permit. . Yeas: Commissioners Gilliam and Wasilowski. Nays: None. Application of Elgin River East Entertainment, Inc., d/b/a The Mission, 209 1/2 East Chicago Street, for`Young Adult Night" Permit for the period from May 1, 2003 to April 30, 2004 Commissioner Wasilowski made a motion, seconded by Commissioner Gilliam, to approve the aforesaid application for a Young Adult Night Permit subject to approval of the security plan and passage by the City Council of an ordinance extending the provision for a Young Adult Night Permit. Yeas: Commissioners Gilliam and Wasilowski. Nays: None. Consideration of Applications for Renewal of Liquor Licenses for the Period from May 1, 2003 through April 30, 2004 Commissioner Wasilowski made a motion, seconded by Commissioner Gilliam, to approve the following renewal applications subject to the conditions outlined in the memorandum furnished by the Liquor Commission Secretary and as indicated below. Yeas: Commissioners Gilliam and Wasilowski. Nays: None. LIST A All of the necessary documents and fees have been furnished by the following establishments for renewal of their liquor licenses, and they are not indebted to the City for payment of any fees, charges,bills or taxes. Renewal of their applications was not subject to any conditions. Alexander's Restaurant, 1725 N. State Street Al's Café and Creamery, 43 DuPage Court,,, Acapulco Restaurant, 415 Summit Street Anthony's Restaurant and Jazz Club, 231 Douglas Avenue Applebee's Neighborhood Grill and Bar, 125 Randall Road Liquor Commission Meeting April 2, 2003 Page 4 Azteca De Oro, 260 National Street Best Western Plaza Hotel and Convention Center, 345 W. River Road Bill's Tap, 260 Brook Street Baker Hill Pancake House, 1279 Dundee Avenue Booker's Backyard, 550 S. McLean Boulevard Bowlway Lanes, 810 Villa Street Butera Finer Foods, 3 Clock Tower Plaza Café Lu Lu (f/k/a Schlotsky's Deli), 280 S. Randall Road Café Magdalena, 13 Douglas Avenue Club 58, 959 Villa Street Chicago Pizza Authority, 840 B Summit Street Crowne Plaza/Bennigan's, 495 Airport Road Dino's Finer Food, 465 Summit Street Dominick's, 250 S. Randall Road Eagle Food Center 111, 20 Tyler Creek Plaza Eaton's Redwood Inn, 118 W. Chicago Street Elgin Fresh Market, 306 S. McLean Elgin Lanes, 401 Shepard Drive Elgin Manor Restaurant, 555 N. McLean Boulevard Elgin Riverside Club, 21 Lincoln Avenue Elgin Turners, 112 Villa Street Foxhole Pub, 158 Symphony Way Gasthaus Zur Linde, 13-15 N. Grove Avenue Geno's Fine Wine and Spirits, (f/k/a Geno's Town Liquor) 300 S. McLean Boulevard Grand Victoria, 250 S. Grove Avenue Great American Family Restaurant, 780 Villa Street Green Jade Restaurant, 10 Tyler Creek Plaza Highlands of Elgin, 875 Sports Way Hoppe's Corner, 1075 N. Liberty Street Hunan Garden, 312-A S. McLean Boulevard JB's Pub &Pietro's Pizza, 297 S. McLean Boulevard Jimmy's Charhouse, 2290 Point Boulevard JJ Peppers, 10 S. State Street La Puesta Del Sol, 165 E. Highland Avenue Liberty Liquors, 601 Cooper Loyal Order of Moose, 70 N. State Street Meijer, 815 S. Randall Road Nick's Liquors, 71 Clock Tower Plaza Neighborhood Package Liquors, 805 Walnut Avenue Northwest Liquors, 995 N. McLean Boulevard Olde Towne Inn, 412 Bluff City Boulevard Owl's Club, 214 E. Chicago Street �r.. Payless Tobacco, 824 S. McLean Boulevard f Prairie Rock, 127 S. Grove Price Rite Liquors, 1055 N. Liberty Street • Liquor Commission Meeting April 2, 2003 Page 5 Price Rite Gas &Food, 180 Kimball Street Shanghai Restaurant, 11 Douglas Avenue Speedway/Starvin Marvin #7514, 1570 Big Timber Road Stop `N Go #514, 455 Bluff City Boulevard Super Saver Food Mart, 776 Walnut Avenue 2 J's Wine &Spirits, 950 E. Chicago Street Villa Liquors, 695 Villa Street Wing Park Liquors, 571 N. McLean Boulevard LIST B Subject to receipt of the certificate of insurance for the following establishments: Bubba Mc Duffy's, 1157 Bluff City Boulevard (The) Centre(Cuisine America, Inc. Concessionaire), 100 Symphony Way Cuisine America Catered Events, 417 Bluff City Boulevard Hemmens Cultural Center(David Pool Concessionaire), 45 Symphony Way Hooper's Sports Bar and Grill, 975 N. McLean Boulevard Jalapeno's Restaurant, 7 Clock Tower Plaza Noodles & Company, 895 S. Randall Road Osco Drug Store#854, 1038 Summit Street Osco Drug Store#838, 1670 Larkin Avenue 7-Eleven Store#27616, 957 Summit Street LIST C Subject to the following establishments furnishing proof of completion of a BASSET course for all employees who have been employed over 60 days American Legion, 820 N. Liberty Street Checkered Flag Pub and Grub, 214-216 Walnut Avenue Elgin Restaurant, 219 E. Chicago Street Gourmet on the Go, 891 S. Randall Road Hooper's, Sports Bar and Grill, 975 N. McLean Jakes Pizza, 728 W. Chicago Street LaMovida, 840 N. State Street Lone Star Steakhouse, 155 S. Randall Road (The) Mission, 209 E. Chicago Street Mudd& Eddie's Pub, 302-G S. McLean Boulevard Spring Garden West, 90 Tyler Creek Plaza VFW Post 1307, 1601 Weld Road Liquor Commission Meeting April 2, 2003 Page 6 LIST D Rubio, Inc., d/b/a Marlene's Restaurant & Banquet, 50 N. Spring Street subject to payment of delinquent water charges. LIST E Subject to verification from the Illinois Secretary of State prior to April 30, 2003, that Thomas O'Shaugnessy holds one hundred percent of the shares of Brosin's, Inc. d/b/a Espo's Entertainment Center, 11 Woodview Drive LIST F Exterior Sales Permits Al's Café and Creamery, 43 DuPage Court Café Lu Lu (f/k/a Schlotszky's Deli, 280 S. Randall Road Café Magdalena, 13 Douglas Avenue JB's Pub &Pietro's Pizza, 297 S. McLean Boulevard Lone Start Steakhouse & Saloon, 155 S. Randall Road Mudd and Eddie's Pub, 302 S. McLean Boulevard Prairie Rock Brewing Company, 127 S. Grove Avenue Continued Consideration of Application of 802 Villa, Ltd. for Class E Liquor License for Restaurant Known as Pepper Mill Restaurant & Pancake House, 802 Villa Street Commissioner Wasilowski made a motion, seconded by Commissioner Gilliam, to continue to the aforesaid application to the next regularly scheduled meeting. Yeas: Commissioners Gilliam and Wasilowski. Nays: None. Adjournment Commissioner Wasilowski made a motion, seconded by Commissioner Gilliam, to adjourn the meeting. Yeas: Commissioners Gilliam and Wasilowski. Nays: None. Meeting adjourned at 4:45 p.m. $ 11344...."-40_ June 4 , 2003 Dolonna Mecum, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION MEETING Conference Room A, South Wing Regular Meeting 4:00 p.m. May 7, 2003 A. Call to Order B. Roll Call C. Approval of Minutes—April 2, 2003 D. License Applications 1. Application for Transfer of Corporate Stock from Gustavo Soto to Luis F. DeLeon for Corporation Known as Jalapeno's Corporation d/b/a Jalapeno's Restaurant, Located at 7 Clock Tower Plaza 2. Application for Transfer of Corporate Stock from Paul Toufexis to Themis G. Limberis and Mary Limberis for Corporation Known as Hoopers Sports Bar& rik Grill, Inc., d/b/a Hooper's Sports Bar& Grill, Located at 975 North McLean Boulevard , Holder of Class A Liquor License E. Public Hearings Public Hearing Regarding Elgin Riverboat Resort, d/b/a Grand Victoria Casino Pavilion &Riverboat, Fox and Hounds Lounge, 250 South Grove Avenue, Holder of Class N Liquor License; Violation of Elgin Municipal Code Section 6.06.140—Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee F. Other 1. Consideration of Proposed Ordinance Creating Liquor License Classification for Restaurant to be Known as Silver Lake Restaurant Located at 881 South Randall Road (to be furnished) 2. Miscellaneous G. Continued Consideration of Application of 802 Villa, Ltd. for Class E Liquor License for Restaurant Known as Pepper Mill Restaurant and Pancake House, 802 Villa Street H. Adjournment ELGIN LIQUOR CONTROL COMMISSION MEETING May 7, 2003 The meeting was called to order at 4:10 p.m. in Conference Room A of Elgin City Hall by Chairman Schock Members present: Chairman Schock. Absent: Commissioners Gilliam and Walters. Chairman Schock announced that due to the lack of a quorum, the items on this meetings agenda will be continued to the next regularly scheduled meeting on June 4 unless it is practicable to hold a special meeting prior to June 4. Chairman Schock declared the meeting adjourned. Meeting adjourned at 4:12 p.m. W4V/42"-1( Juno 4 , 2001 Dolonna Mecum, Recorcing Secretary Date Approved r ELGIN LIQUOR CONTROL COMMISSION MEETING Conference Room A, South Wing Regular Meeting 4:00 p.m. June 4, 2003 A. Call to Order B. Roll Call C. Approval of Minutes—April 2, 2003 and May 7, 2003 D. License Applications 1. Application for Transfer of Corporate Stock from Gustavo Soto to Luis F. DeLeon for Corporation Known as Jalapeno's Corporation d/b/a Jalapeno's Restaurant, Located at 7 Clock Tower Plaza 2. Application for Transfer of Corporate Stock from Paul Toufexis to Themis G. Limberis and Mary Limberis for Corporation Known as Hoopers Sports Bar& Grill, Inc., d/b/a Hooper's Sports Bar& Grill, Located at 975 North McLean Boulevard, Holder of Class A Liquor License 3. Application for Class L Liquor License for the Police Benevolent and Protective Association#54 Softball Tournament on August 9 and 10, 2003, at the Sports Complex 4. Application to Amend Exterior Sales Permit Area at Prairie Rock Brewing Company, 127 South Grove Avenue E. Other 1. Consideration of Proposed Ordinance Creating Liquor License Classification for Restaurant to be Known as Silver Lake Restaurant Located at 881 South Randall Road 2. Miscellaneous F. Continued Consideration of Application of 802 Villa, Ltd. for Class E Liquor License for Restaurant Known as Pepper Mill Restaurant and Pancake House, 802 Villa Street G. Adjournment ELGIN LIQUOR CONTROL COMMISSION MEETING JUNE 4, 2003 The meeting was called to order at 4:05 p.m. in Conference Room A of Elgin City Hall by Chairman Schock. Members present: Commissioners Gilliam, Walters, and Chairman Schock. Absent: None. Approval of Minutes Commissioner Gilliam made a motion, seconded by Commissioner Walters, to approve the minutes of the April 2, 2003 and May 7, 2003, meetings. Yeas: Commissioners Gilliam, and Chairman Schock. Nays: None. Commissioner Walters voted present. Application for Transfer of Corporate Stock from Gustavo Soto to Luis F. DeLeon for Corporation Known as Jalapeno's Corporation d/b/a Jalapeno's Restaurant, Located at 7 Clock Tower Plaza Because of past problems regarding sale of liquor to a minor and sale of drugs at this establishment, the Liquor Commission urged the new shareholder, Luis DeLeon, to be particularly vigilant and take appropriate measures to prevent the occurrence of those illegal activities. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to approve the application to transfer 100 percent of the stock of Jalapeno's Corporation from Gustavo Soto to Luis DeLeon. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Application for Transfer of Corporate Stock from Paul Toufexis to Themis G. Limberis and Mary Limberis for Corporation Known as Hoopers Sports Bar& Grill,Inc., d/b/a Hooper's Sports Bar& Grill,Located at 975 North McLean Boulevard , Holder of Class A Liquor License Commissioner Walters made a motion, seconded by Commissioner Gilliam, to approve the application for transfer of 25.5 percent of the corporate stock from Paul Toufexis to Themis Limberis and 25.5 percent of the corporate stock from Paul Toufexis to Mary Limberis. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Application for Class L Liquor License for the Police Benevolent and Protective Association #54 Softball Tournament on August 9 and 10, 2003, at the Sports Complex Commissioner Gilliam made a motion, seconded by Commissioner Walters, to approve the aforesaid application for a Class L liquor license for the softball tournament at the Sports Complex on August 9 and 10, 2003. Yeas: Commissioners Gilliam, Walters, and Chairman elimk Schock. Nays: None. Liquor Commission Meeting June 4, 2003 Page 2 Application to Amend Exterior Sales Permit Area at Prairie Rock Brewing Company, 127 South Grove Avenue Commissioner Gilliam made a motion, seconded by Commissioner Walters, to amend the Prairie Rock Brewing Company exterior sales permit area to also include the courtyard area behind the restaurant. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Consideration of Proposed Ordinance Creating Liquor License Classification for Restaurant to be Known as Silver Lake Restaurant Located at 881 South Randall Road Assistant Corporation Counsel Kozal stated that the application of Chang Jiang Enterprise, Inc. for a liquor license for the above restaurant was previously approved subject to creation of a liquor license class for small restaurants. Mr. Kozal outlined the requirements for the proposed Class E-2 liquor license. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to recommend approval to the City Council of the proposed ordinance creating a Class E-2 liquor license for small restaurants. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Consideration of Request for Extension Regarding Conditions Pertaining to Checkered en- Flag Pub and Grub,214-216 Walnut Avenue Assistant Corporation Counsel Kozal stated that the license for the above establishment was approved subject to certain conditions, including landscaping setbacks and removal of a nonconforming projecting sign, being completed by May 31, 2003. Pete Oehler, sole shareholder for the licensed corporation, advised the Commission that he removed the nonconforming sign soon after the license approval. However, he incurred a cost overrun of approximately$12,000 to correct serious plumbing problems while in the process of installing a grease trap, and this left him without funds to do the parking lot improvements and landscaping. He has applied with the Department of Code Administration for an extension and expects to have the requirement improvements completed before August 31. Commissioner Walters made a motion, seconded by Commissioner Gilliam, to extend the time frame for completion of the parking lot and landscaping improvements from May 31 to August 31, 2003. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. The meeting was recessed at 4:23 p.m. The meeting was resumed at 4:50 p.m. Continued Consideration of Application of 802 Villa, Ltd. for Class E Liquor License for Restaurant Known Pepper Mill Restaurant and Pancake House, 802 Villa Street The proceedings regarding the aforesaid application were recorded by the court reporting firm of Sonntag Reporting, Geneva, Illinois. Liquor Commission Meeting June 4, 2003 Page 3 The shareholders of the corporation known as 802 Villa, Ltd., Helen Kanakaris and Tom Kanakaris,were present and were represented by Attorney Kevin Busch. On behalf of the applicant corporation, exhibits were entered into evidence and testimony was given by William Husted, a frequent patron of the restaurant, and Helen Kanakaris,majority shareholder. The City of Elgin, represented by Assistant Corporation Counsel Richard Kozal, entered exhibits into evidence and had testimony given by Frank Jones, a Bellwood Police Department Commander, Russ Matson, Elgin Police Department Crime Analyst, and Jeff Adam, an Elgin Police Department Sergeant. Rebuttal testimony was given by shareholder and manager, Tom Kanakaris. Closing statements were made by Attorney Kevin Busch and Attorney Richard Kozal. Commissioner Walters made a motion, seconded by Commissioner Gilliam, to defer determination on the aforesaid application until the July 2, 2003, meeting. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Adjournment Commissioner Walters made a motion, seconded by Commissioner Gilliam, to adjourn the meeting. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. Meeting adjourned at 9:25 p.m. July 2, 2003 Dolonna Mecum, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION MEETING Conference Room A, South Wing Regular Meeting 4:00 p.m. July 2, 2003 A. Call to Order B. Roll Call C. Approval of Minutes—June 4, 2003 D. Continued Consideration of Application of 802 Villa, Ltd. for Restaurant Known as Pepper Mill Restaurant and Pancake House, 802 Villa Street (no attachment) E. Miscellaneous r F. Adjournment rPjk Vitt ELGIN LIQUOR CONTROL COMMISSION MEETING JULY 2, 2003 The meeting was called to order at 4:20 p.m. in Conference Room A of Elgin City Hall by Chairman Schock. Members present: Commissioners Gilliam, Walters, and Chairman Schock. Absent: None. Approval of Minutes Commissioner Gilliam made a motion, seconded by Commissioner Walters, to approve the minutes of the June 4, 2003, meeting. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. Continued Consideration of Application of 802 Villa, Ltd. for Restaurant Known as Pepper Mill Restaurant and Pancake House, 802 Villa Street The proceedings regarding the aforesaid application were recorded by the court reporting firm of Sonntag Reporting, Geneva, Illinois. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to go into executive session. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. At 4:42 p.m. the Liquor Commission convened in executive session for the purpose of reviewing and weighing the evidence. At 4:47 p.m., the Commission members return to open session. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to approve the application of 802 Villa, Ltd. for a liquor license for a restaurant known as Pepper Mill Restaurant and Pancake House. Commissioner Gilliam voted"no" for the following reasons. The applicant signed a stipulation admitting to all allegations contained in the June 15, 2001, complaint regarding City Limits Café and Bar, which included live sex acts on the premises and mob activity in the parking lot on March 25, 2001; a parking lot riot on May 5, 2001, requiring multi jurisdictional response, in which an officer sustained a broke nose and a patron attempted to disarm an officer; an undercover police officer's purchase of marijuana from a bartender while seated at the bar on the premises on May 12, 201; and a bartender in possession of controlled substances when arrested on the premises on June 4, 2001. Commissioner Walters voted "no" for the following reasons. According to the testimony of Officer Frank Jones, Tom Kanakaris was present during the live sex acts which occurred at City Limits on March 25, 2001. Mr. Kanakaris testified that he had told his employees not to allow the young lady that was there to remove her clothing, however, that didn't seem to stop the action. Commissioner Walters stated that he couldn't believe Mr. Kanakaris would not have known what was occurring, and his testimony was not credible in this regard. Because of what occurred in the parking lot later, requiring a multi jurisdictional police response, the health and safety of the public and police were placed very much at risk. Testimony reflected the number of calls for service at City Limits exceeded any other place that has a liquor license; however, the • Liquor Commission Meeting July 2, 2003 Page 2 calls for service decreased significantly after the liquor license was surrendered. Mr. Kanakaris's statement that he is not responsible for what happens in his parking lot is unacceptable. The fact that an officer received a broken nose and another officer was almost disarmed during the riot in the parking lot and the fact that a bartender was selling controlled substances in the bar and in possession of controlled substances when arrested all contribute to the reason why I cannot approve this application. Chairman Schock stated that he also votes "no" and concurs with the reasons already expressed by his fellow commissioners that much of the testimony is just not credible that someone could be in the same room where these acts were taking place for 45 minutes and have no knowledge of their occurring. The most regrettable thing in this whole sordid affair is that in December 2000 the Liquor Commission asked Mr. Kanakaris to attend a Liquor Commission meeting at which time the Liquor Commission shared its concerns regarding problems that had been occurring at the establishment. The Commission was well aware of the problems as a result of complaints from surrounding business establishments as well as the volume of police calls,regarding the near riots and mob actions that were occurring in the parking lot. Mr. Kanakaris testified that he had stopped having the activities which he knew were causing the problems, and for a few months decided to forego having those activities. However, then the lure of the profitability of those activities took over and he resumed them, knowing that other incidents were likely to reoccur. All of that could have been avoided if Mr. Kanakaris would have accepted the Liquor Commission's good faith effort to change his operation and prevent further occurrences, but he chose not to do that. For those reasons, Chairman Schock stated that he was voting"no." Chairman Schock declared the application denied and instructed Assistant Corporation Counsel Kozal to prepare written findings and decision consistent with the Commission's decision, with a draft to be presented at the next regularly scheduled meeting. Miscellaneous Assistant Corporation Counsel Kozal advised the Commission that the outstanding charges regarding sale of liquor to a minor by the Grand Victoria will be on the August agenda. Motion to Adjourn Commissioner Gilliam made a motion, seconded by Commissioner Walters, to adjourn the meeting. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. Meeting adjourned at 4:57 p.m. esuk Q.C411" --4f2_ MeSica"--- September 3, 2003 Dolonna Mecum, Recording Secretary Date Approved EXECUTIVE SESSION ELGIN LIQUOR CONTROL COMMISSION MEETING JULY 2, 2003 The Liquor Control Commission went into Executive Session at 4:25 p.m. Members present: Commissioners Gilliam, Walters, and Chairman Schock. Absent: None. Review and Weighing of Evidence Concerning Application for Liquor License of 802 Villa, Ltd. for Restaurant Known as Pepper Mill Restaurant and Pancake House, 802 Villa Street Discussion was held regarding whether to approve or deny the aforesaid application. Concerns of the Commissioners included the lack of credibility of applicant shareholder, Tom Kanakaris, with reference to his statements that he was unaware of live sex acts occurring in this establishment. He has demonstrated a lack of cooperation with police officers. Further, he had been brought in before the Liquor Commission in December 2000 regarding the Commission's concerns with reference to activities at his establishment and in the parking lot. Although he ceased the activities for a short time that were the source of the problems, he soon resumed them and the problems started again, which reflects a lack of concern regarding the seriousness of the problems. It was the consensus of the Commission to deny the application for the liquor license. Chairman Schock stated that the reasons for the denial should be stated in the open meeting. Adjournment Commissioner Gilliam made a motion, seconded by Commissioner Walters, to adjourn the executive session and return to the open meeting. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. Meeting adjourned at 4:40 p.m. September 3, 2003 Dolonna Mecum, Recording Secretary Date Approved r ELGIN LIQUOR CONTROL COMMISSION NOTICE OF CANCELLATION OF MEETING NOTICE IS HEREBY GIVEN that the August 6, 2003, regularly scheduled meeting of the Liquor Control Commission is cancelled. The next regularly scheduled meeting is September 3, 2003. DATED: July 31, 2003 CITY OF ELGIN ejk By Dolonna Mecum Elgin City Clerk ELGIN LIQUOR CONTROL COMMISSION MEETING Conference Room A, South Wing Regular Meeting 4:00 p.m. September 3, 2003 A. Call to Order B. Roll Call C. Approval of Minutes—July 2, 2003 D. License Applications 1. Consideration of Findings of Fact and Decision Regarding Application of 802 Villa, Ltd. for Restaurant Known as Pepper Mill Restaurant and Pancake House, 802 Villa Street(to be furnished) 2. Consideration of Application of Akina Kounlavong and Bill Kounlavong, d/b/a Akina's Thai Restaurant, 23 South Grove Avenue, for a Class F Liquor License and Exterior Sales Permit 3. Consideration of Elgin Buns, Inc., d/b/a Café LuLu, 280 S. Randall Road, for Class E-2 Liquor License E. Public Hearings Public Hearing Regarding Elgin Riverboat Resort, d/b/a Grand Victoria Casino Pavilion & Riverboat, Fox and Hounds Lounge, 250 South Grove Avenue, Holder of Class N Liquor License; Violation of Elgin Municipal Code Section 6.076.140-Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee F. Miscellaneous G. Adjournment tV ELGIN LIQUOR CONTROL COMMISSION MEETING SEPTEMBER 3, 2003 The meeting was called to order at 4:00 p.m. in Conference Room A of Elgin City Hall by Chairman Schock. Members present: Commissioners Gilliam, Walters, and Chairman Schock. Absent: None. Approval of Minutes Commissioner Gilliam made a motion, seconded by Commissioner Walters, to approve the minutes of the 2003, meeting. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. Consideration of Findings of Fact and Decision Regarding Application of 802 Villa, Ltd. for Restaurant Known as Pepper Mill Restaurant and Pancake House, 802 Villa Street Assistant Corporation Counsel Kozal presented the proposed Findings and Decision denying the above application consistent with the Commission's decision at the July 2, 2003, meeting. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to approve the Findings and Decision as presented. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. Consideration of Application of Akina Kounlavong and Bill Kounlavong, d/b/a Akina's Thai Restaurant, 23 South Grove Avenue, for a Class F Liquor License and Exterior Sales Permit Commissioner Gilliam made a motion, seconded by Commissioner Walters, to approve the aforesaid application for aClass F liquor license and exterior sales permit subject to the City Council's approval of the petition for conditional use. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. Consideration of Elgin Buns, Inc., d/b/a Cafe LuLu, 280 S. Randall Road, for Class E-2 Liquor License Commissioner Walters made a motion, seconded by Commissioner Gilliam, to approve the aforesaid application, subject to the City Council approving the Liquor Commission's recommendation to increase the number of Class E-2 liquor licenses to two. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. r Liquor Commission Meeting September 3, 2003 Page 2 Public Hearing Regarding Elgin Riverboat Resort, d/b/a Grand Victoria Casino Pavilion & Riverboat, Fox and Hounds Lounge, 250 South Grove Avenue, Holder of Class N Liquor License; Violation of Elgin Municipal Code Section 6.076.140-Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee on February 1, 2003 Mr. Kozal advised the Commission that he is recommending dismissal of this action in that the facts are insufficient to sustain the charges. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to dismiss the aforesaid charges. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. Miscellaneous Mr. Kozal advised the Commission that he believes charges will be filed by the October 1 meeting regarding police reports with reference to alleged drug activity at several liquor license establishments. Adjournment Commissioner Gilliam made a motion, seconded by Commissioner Walters, to adjourn the meeting. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. Meeting adjourned at 4:15 p.m. November 5, 2003 Dolonna Mecum, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION NOTICE OF CANCELLATION OF MEETING NOTICE IS HEREBY GIVEN that the October 1, 2003, regularly scheduled meeting of the Liquor Control Commission is cancelled. The next regularly scheduled meeting is November 5, 2003. DATED: September 25, 2003 CITY OF ELGIN By Dolonna Mecum Elgin City Clerk ELGIN LIQUOR CONTROL COMMISSION MEETING Conference Room A, South Wing Regular Meeting 4:00 p.m. November 5, 2003 A. Call to Order B. Roll Call C. Approval of Minutes— September 3, 2003 D. Application for Transfer of Corporate Stock from Pedro DeLara to Donna DeLara for Corporation Known as Pedro DeLara, Inc., d/b/a LaMovida, 840 North State Street E. Public Hearing Regarding Elgin Restaurant and Lounge, Inc. , 219 East Chicago Street, Holder of a Class AA Liquor License; Violation of Elgin Municipal Code Section 6.06.145 —Preservation of Peace on Licensed Premises F. Consideration of Proposal to Create a New License Class for Marlene's Restaurant and Banquet, 50 North Spring Street G. Miscellaneous H. Adjournment A. . , "` ELGIN LIQUOR CONTROL COMMISSION MEETING November 5, 2003 The meeting was called to order at 4:12 p.m. in Conference Room A of Elgin City Hall by Chairman Schock. Members present: Commissioners Gilliam, Walters, and Chairman Schock. Absent: None. Approval of Minutes Commissioner Walters made a motion, seconded by Commissioner Gilliam, to approve the minutes of the September 3, 2003, meeting. Yeas: Commissioner Walters and Chairman Schock. Nays: None. Commissioner Gilliam answered present. Application for Transfer of Corporate Stock From Pedro DeLara to Donna DeLara for Corporation Known as Pedro DeLara, Inc., d/b/a LaMovida, 840 North Street Commissioner Walters made a motion, seconded by Commissioner Gilliam, to approve the aforesaid application for transfer of corporate stock from Pedro DeLara to Donna DeLara. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Public Hearing Regarding Elgin Restaurant and Lounge, Inc., 219 East Chicago Street, Holder of a Class AA Liquor License; Violation of Elgin Municipal Code Section 6.06.145— Preservation of Peace on Licensed Premises Assistant Corporation Counsel Kozal stated that the complaint filed is with reference to the provision that there is cause for suspension or revocation of a liquor license if 10 or more incidents of criminal activity occur on the licensed premises within a year time period. The complaint alleges 12 incidents of criminal conduct on the premises within that time period. Mr. Kozal said that we will not be proceeding today in that we are currently in negotiations with the licensee regarding possible settlement of the allegations set forth in the complaint. In addition to the Liquor Commission's complaint that has been brought by the City, there are negotiations with the State's Attorney's Office regarding the abatement of criminal nuisance. The City is working in conjunction with the State's Attorney's Office to see if we might together be able to resolve this matter in a manner that is acceptable to both the State and the City. For those reasons, Mr. Kozal requested that the public hearing be continued. Jeff Kim, Attorney for the Elgin Restaurant and Lounge presented the Commission with a memorandum which sets forth a number of operational changes which have already been made, including maintaining a list of people who are barred from the establishment and educating employees with reference to possible criminal activity. Mr. Kim stated that the owners will do whatever is necessary to maintain their livelihood, and they're doing the best they can to try to keep the establishment clean. He believes that the complaint which is the subject of this hearing was a wakeup call for the owners. 3 r Liquor Commission Meeting March 5, 2002 Page 2 rk Commissioner Gilliam stated that it is very important that the owners be aware that the Liquor Commission is very serious about these type of complaints. Pursuant to Mr. Kozal's request that this matter be continued, Commissioner Gilliam made a motion, seconded by Commissioner Walters, to continue the aforesaid public hearing to the December meeting. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Consideration of Proposal to Create a New License Class for Marlene's Restaurant and Banquet, 50 North Spring Street Michael Noland, attorney for Marlene's Restaurant, advised the Commission that Lupe Rubio, owner of Marlene's, in addition to its current use as a private banquet facility, would like to include live entertainment open to the public. The building consists of three levels, and the plan calls for building a small stage for live entertainment. Eventually, there may also be an arcade room where kids and teens can play a variety of arcade and video games. Ms. Rubio wants to target the Hispanic Community and other groups that will bring families to the restaurant. She wants to use the upstairs for variety and comedy shows as well as musical entertainments and wants to use the third floor for an arcade. She wants to be able to charge an admission fee,be able to stay open later, and have the ability to serve food and liquor outdoors. Ms. Rubio stated that the Department of Code Administration had advised her that she cannot charge admission with a Class E liquor license in that this represents a change in useage from a zoning standpoint. Mr. Noland described the proposal as similar to a Dave and Buster's establishment. Commission members expressed concern about having children at a liquor licensed establishment. Chairman Schock stated that he believes it would be difficult to meet the requirement of a Class E license that at least 50 percent of the revenue be from the sale of food if there is an admission charge. Mr. Kozal stated that the proposal would require either a Class A liquor license or a new license class, and he believes the proposal needs to be analyzed by the Department of Code Administration before the Liquor Commission can even consider creating a license class hat would meet the needs of the proposal. The Commission stated that they would require a lot more details, and they believe that having children at the establishment complicates the issue. They advised Mr. Noland and Ms. Rubio that the next step is to go to the Zoning Board of Appeals. Miscellaneous Commission Secretary Mecum advised the Commission that the establishment previously known as Crowne Plaza is now known as Holiday Inn Hotel and Suites, Chicago Northwest. There is no change in ownership. Café Lu Lu, f/k/a Schlotzsky's Deli,which had recently received approval to change to a Class E-2 liquor license is now closed. i !''� Liquor Commission Meeting March 5, 2002 Page 3 Adjournment Commissioner Walters made a motion, seconded by Commissioner Gilliam, to adjourn the meeting. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. Meeting adjourned at 4:55 p.m. 0..53_,‘vve -� -- January 7, 2004 Dolonna Mecum, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION NOTICE OF CANCELLATION OF MEETING NOTICE IS HEREBY GIVEN that the December 3, 2003, regularly scheduled meeting of the Liquor Control Commission is cancelled. The next regularly scheduled meeting is January 7, 2004, at 4 p.m. DATED: November 26, 2003 CITY OF ELGIN By Dolonna Mecum Elgin City Clerk