Loading...
HomeMy WebLinkAbout2004 Liquor Control Commission ELGIN LIQUOR CONTROL COMMISSION MEETING Conference Room A, South Wing Regular Meeting 4:00 p.m. January 7, 2004 A. Call to Order B. Roll Call C. Approval of Minutes—November 5, 2003 D. Continued 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 E. Miscellaneous 2004 Meeting Schedule F. Adjournment ELGIN LIQUOR CONTROL COMMISSION MEETING JANUARY 7, 200'4' 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 November 5 2003, meeting. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. Continued 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 Kozal advised the Commissioner that hearing on this matter had previously been continued because of pending negotiations between the State's Attorney's office and Elgin Restaurant and Lounge. However, those proceedings were not completed prior to Jeff Kim, attorney for Elgin Restaurant, leaving town on vacation. Accordingly, it is requested that the matter be continued to the February meeting. Commissioner Walters made a motion, seconded by Commissioner Gilliam, to continue the aforesaid public hearing to the February meeting. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. 2004 Proposed Meeting Schedule Commissioner Walters made a motion, seconded by Commissioner Gilliam, to approve the proposed 2004 meeting schedule. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. Recording Executive Session Meetings Mr. Kozal stated that a state statute effective January 1, 2004, requires that all executive session meetings must be audio or video recorded. 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 4:10 p.m. ! i / February 4 , 2004 Dolonna Mecum, ecording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION MEETING Conference Room A, South Wing Regular Meeting 4:00 p.m. February 4, 2004 A. Call to Order B. Roll Call C. Approval of Minutes—January 7, 2004 D. Consideration of Application of Mariscos El Amigo II Corporation for a Class F Liquor License for Restaurant to be Known as Mariscos El Amigo, 915 Summit Street E. Continued Public Hearing Regarding Elgin Restaurant and Lounge, Inc., 219 East t 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. Miscellaneous 1. Consideration of Proposed Ordinance Reducing Number of Class B Liquor Licenses 2. Consideration of Proposed License Classification for Sale of Ethnic Drinks G. Adjournment r ELGIN LIQUOR CONTROL COMMISSION MEETING FEBRUARY 4, 2004 The meeting was called to order at 4:10 p.m. in Conference Room A of Elgin City Hall by Chairman Schock. Members present: Commissioners Walters, and Chairman Schock. Absent: Commissioner Gilliam. Approval of Minutes Commissioner Walters made a motion, seconded by Chairman Schock, to approve the minutes of the January 7, 2004, meeting. Yeas: Commissioners Walters and Chairman Schock. Nays: None. Consideration of Application of Mariscos El Amigo II Corporation for a Class F Liquor License for Restaurant to be known as Mariscos El Amigo, 915 Summit Street Commissioner Walters made a motion, seconded by Chairman Schock, to approve the proposed application subject to compliance with all City codes and issuance of an occupancy permit. Yeas: Commissioners Walters and Chairman Schock. Nays: None. Continued 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 this hearing has previously been postponed because of pending proceedings between the State's Attorney's Office and Elgin Restaurant. An agreement has now been entered into with the State's Attorney, and the City is ready to proceed to hearing. Commissioner Walters made a motion, seconded by Chairman Schock, to continue the public hearing until March 3, 2004. Yeas: Commissioners Walters and Chairman Schock. Nays: None. Consideration of Proposed Ordinance Reducing Number of Class B Liquor Licenses Commissioner Walters made a motion, seconded by Chairman Schock, to recommend to the city Council approval of the proposed ordinance reducing the number of Class B liquor licenses. Yeas: Commissioners Walters and Chairman Schock. Nays: None. 4 Liquor Commission Meeting February 4, 2004 Page 2 Consideration of Proposed License Classification for Sale of Ethnic Drinks Commissioner Walters made a motion, seconded by Chairman Schock, to approve the proposed ordinance establishing Class F-1, which would allow ethnic restaurants to serve beer, wine, and one additional alcoholic liquor which is traditionally associated with the food of the nationality of such ethnic restaurant. Yeas: Commissioners Walters and Chairman Schock. Nays: None. At a future meeting, the Commission will consider the possibility of establishing a provision that an additional alcoholic liquor could be served at ethnic festivals, which currently are only permitted to serve beer and wine. Mr. Kozal was asked to bring back any concerns which may be associated with adding such a provisions for Class H and I special event license classes. Miscellaneous Representatives from Eaton's Redwood Inn were present and advised the Commission that they have concerns about recent arrests which have been made around their establishment. Assistant Corporation Council Kozal stated that it is very likely that a complaint will be filed before the Liquor Commission against their establishment, and they would have an opportunity at that time to provide a defense. Scott Eaton stated that he did not know what more could be done to prevent the sale of drugs in that he only knew 3 of the 16 people who were arrested. Adjournment Commissioner Walters made a motion, seconded by Chairman Schock, to adjourn the meeting. Yeas: Commissioner Walters and Chairman Schock. Nays: None. Meeting adjourned at 4:27 p.m. 41A3e1A""-C .,_._ April 7, 2004 Dolonna Mecum, Recording Secretary Date Approved r o ELGIN LIQUOR CONTROL COMMISSION MEETING Conference Room A, South Wing Regular Meeting 4:00 p.m. March 3, 2004 A. Call to Order B. Roll Call C. Approval of Minutes—February 4, 2004 D. Continued 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 E. Proposed Amendment to the Alcoholic Liquor Dealers Code Amending the Existing License Classification for The Centre of Elgin and Creating a New License Classification for the Elgin Country Club F. Miscellaneous G. Adjournment r NOTICE OF SPECIAL MEETING Notice is hereby given that the Local Liquor Control Commission will conduct a special meeting on March 31, 2004, at 5:45 p.m. in City Council Conference Room (Northeast Corner), North Wing, Elgin City Hall, 150 Dexter Court, Elgin, Illinois. The purpose of this meeting is to discuss the matters set forth in the agenda below. DATED: March 29, 2004 Dolonna Mecum Elgin City Clerk ELGIN LIQUOR CONTROL COMMISSION MEETING City Council Conference Room (Northeast Corner) Second Floor, North Wing r Special Meeting March 31, 2004 5:45 p.m A. Call to Order B. Roll Call C. License Application of The City of Elgin for The Centre, 100 Symphony Way, for a Class K Liquor License D. License Application of Elgin Country Club, 37W267 Weld Road, for a Class C-1 Liquor License E. Adjournment SPECIAL ELGIN LIQUOR CONTROL COMMISSION MEETING MARCH 31, 2004 The special Elgin Liquor Control Commission meeting was called to order at 5:45 p.m. in the City Council Conference Room, North Wing, of Elgin City Hall by Chairman Schock. Members present: Commissioners Gilliam, Walters, and Chairman Schock. Absent: None. License Application of The City of Elgin for The Centre, 100 Symphony Way, for a Class K Liquor License Commissioner Gilliam made a motion, seconded by Commissioner Walters, to approve the proposed license application. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. License Applicationof Elgin Country Club, 37W267 Weld Road, for a Class C-1 Liquor License Commissioner Walters made a motion, seconded by Commissioner Gilliam, to approve the proposed license application. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. 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 5:50 p.m. 4ti it �-�c �� w May 5, 2004 Suellyn Losch,�Recording Secretary Date Approved rik ELGIN LIQUOR CONTROL COMMISSION MEETING Conference Room A, South Wing • Regular Meeting 4:00 p.m. April 7, 2004 A. Call to Order B. Roll Call C. Approval of Minutes—February 4, 2004 D. License Applications 1. Application of DMR Associates, Inc. d/b/a White Hen Pantry for a Class B-1 Liquor License at 1024 S. McLean Boulevard 2. Application of Aldi's, Inc. d/b/a Aldi's #50 for a Class B-1 Liquor License at 799 Summit Street 3. Application of Aldi's, Inc. d/b/a Aldi's #38 for a Class B-1 Liquor License at 215 South Randall Road E. Public Hearings 1. Continued 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 Applications for Renewal of Liquor Licenses for the Period May 1, 2004 through April 30, 2005 (Materials to be Furnished) G. Miscellaneous Adoption of Liquor Commission Rules Governing Sting Operations H. Adjournment f ELGIN LIQUOR CONTROL COMMISSION MEETING APRIL 7, 2004 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 Walters, and Chairman Schock. Absent: Commissioner Gilliam. Approval of Minutes Commissioner Walters made a motion, seconded by Chairman Schock, to approve the minutes of the February 4, 2004, meeting. Yeas: Commissioner Gilliam and Chairman Schock. Nays: None. Application of DMR Associates, Inc. d/b/a White Hen Pantry for a Class B-1 Liquor License at 1024 S. McLean Boulevard Commissioner Walters made a motion, seconded by Chairman Schock, to approve the aforesaid application subject to the City Council passing an ordinance for conditional use and creating an additional Class B-1 liquor license for this applicant. Yeas: Commissioner Gilliam and Chairman Schock. Nays: None. Application of Aldi's, Inc. d/b/a Aldi's #50 for a Class B-1 Liquor License at 799 Summit Street Commissioner Walters made a motion, seconded by Chairman Schock, to approve the aforesaid application subject to applicant bringing the sign on Hiawatha into conformance with the current sign ordinance and subject to the City Council passing an ordinance for conditional use and creating an additional Class B-1 liquor license for this applicant. Yeas: Commissioner Gilliam and Chairman Schock. Nays: None. Application of Aldi's, Inc. d/b/a Aldi's #38 for a Class B-1 Liquor License at 215 South Randall Road Commissioner Walters made a motion, seconded by Chairman Schock, , to approve the aforesaid application subject to the City Council passing an ordinance for conditional use and creating an additional Class B-1 liquor license for this applicant. Yeas: Commissioner Gilliam and Chairm Consideration of Applications for Renewal of Liquor Licenses for the Period May 1, 2004 through April 30, 2005 Commissioner Walters made a motion, seconded by Chairman Schock, 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: Commissioner Gilliam and Chairman Schock. Nays: None. f � Liquor Commission Meeting April 7, 2004 Page 2 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. A J Food Shop, 275 S. McLean Boulevard Akina's Thai Restaurant, 23 S. Grove Avenue Alexander's Restaurant, 1725 N. State Street Al's Café and Creamery, 43 DuPage Court (Changing License Class from E-1 to F) American Legion, 820 N. Liberty Street Anthony's Restaurant and Jazz Club, 231 Douglas Avenue Applebee's Neighborhood Grill and Bar, 125 Randall Road Baker Hill Pancake House, 1279 Dundee Avenue Best Western Plaza Hotel and Convention Center, Bill's Tap, 260 Brook Street Booker's Backyard, 550 S. McLean Boulevard Bowlway Lanes, 810 Villa Street Butera Finer Foods, 3 Clock Tower Plaza Carmina's Restaurant, 1055 N. Randall Road The Centre, 100 Symphony Way Checkered Flag Pub and Grub, 214 Walnut Avenue Chicago Pizza Authority, 840 B Summit Street Club 58, 959 Villa Street Dino's Food of Elgin, 465 Summit Street Eaton's Redwood Inn, 118 W. Chicago Street Elgin Country Club, 2575 Weld Road Elgin Fruit Market, 306 S. McLean Elgin Lanes, 401 Shepard Drive Elgin Restaurant, 219 E. Chicago Street Elgin Riverside Club, 21 Lincoln Avenue Elgin Turners, 112 Villa Street Elgran Burrito #2, 415 Dundee Avenue Estrellas Del Millenium (f/k/a La Movida), 840 N. State Street Gasthaus Zur Linde, 13-15 N. Grove Avenue Great American Family Restaurant, 780 Villa Street Green Jade Restaurant, 10 Tyler Creek Plaza Hemmen's Cultural Center(David Pool Concessionaire), 45 Symphony Way Highlands of Elgin, 875 Sports Way Hooper's Sports Bar and Grill, 975 N. McLean Boulevard Hoppe's Corner, 1075 N. Liberty Street Hunan Garden, 312-A S. McLean Boulevard Jake's Pizza and Pub, 728 W. Chicago Street JB's Pub & Pietro's Pizza, 297 S. McLean Boulevard Liquor Commission Meeting April 7, 2004 Page 3 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 Marlene's Restaurant & Banquets, 50 N. Spring Street Meijer, 815 S. Randall Road The Mission, 209 E. Chicago Street Mudd & Eddie's Pub, 302G S. McLean Boulevard Neighborhood Package Liquors, 805 Walnut Avenue Nick's Liquors, 71 Clock Tower Plaza Noodles and Company, 895 S. Randall Road Northwest Liquors, 995 N. McLean Boulevard Olde Towne Inn, 412 Bluff City Boulevard Osco Drug Store #3291, 1038 Summit Street Osco Drug Store #3313, 1670 Larkin Avenue Owl's Club, 214 E. Chicago Street Payless Tobacco, 824 S. McLean Boulevard Prairie Rock, 127 S. Grove Avenue Price Rite Liquors, 1055 N. Liberty Street Price Rite Gas & Food, 180 Kimball Street 7-Eleven Store#27616, 957 Summit Street Shanghai Restaurant, 11 Douglas Avenue (Changing License Class from A to F) Silver Lake Restaurant, 881 S. Randall Road Speedway/Starvin Marvin#7514, 1570 Big Timber Road Spring Garden West, 90 Tyler Creek Plaza Stop `N Go #514, 455 Bluff City Boulevard Super Saver Food Mart, 776 Walnut Avenue 2 J's Wine & Spirits, 950 E. Chicago Street VFW Post#1307, 1601 Weld Road 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 Café Magdalena, 13 Douglas Avenue Geno's Fine Wine and Spirits, (f/k/a Geno's Town Liquor) 300 S. McLean Blvd. Grand Victoria, 250 S. Grove Avenue Jalapeno's Restaurant, 7 Clock Tower Plaza Jimmy's Charhouse, 2290 Pointe Boulevard r Liquor Commission Meeting April 7, 2004 Page 4 LIST C Subject to the following establishments furnishing proof of completion of Bassett certification. Azteca De Oro Restaurant, 260 National Street Bennigan's Grill & Tavern, 495 Airport Road Café Magdalena, 13 Douglas Avenue Foxhole Pub, 158 Symphony Way Lone Star Steakhouse, 155 S. Randall Road LIST D Subject to Espo Lanes, 11 Woodview Drive payment of delinquent business license fee of$260.00. LIST F Exterior Sales Permit Akina's Thai Restaurant, 23 S. Grove Avenue Al's Café and Creamery, 43 DuPage Court Anthony's Restaurant and Jazz Club, 231 Douglas Avenue 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 Adoption of Liquor Commission Rules Governing Sting Operations Assistant Corporation Counsel Kozal advised the Commission that Deputy Chief Beeter is assuming the role of liaison to the Liquor Commission. Deputy Chief Beeter was instrumental in updating the rules to be consistent with state regulations governing sting operations. Approximately two years ago the state liquor code was amended to require local liquor control commissions to adopt internal rules and procedures governing stings. The rules being presented represent an interdepartmental change in which the operations are being transferred to the Juvenile Division. They were formerly handled by the Drug Unit. Other than that, the rules reflect the same procedures that have been in place in the past and which have resulted in successful compliance operations. Commissioner Walters made a motion, seconded by Chairman Schock, to approve "Rules Governing Alcohol and Tobacco Compliance Checks in the City of Elgin." Yeas: Commissioner Walters and Chairman Schock. Nays: None. 1 Liquor Commission Meeting April 7, 2004 Page 5 Continued 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 asked for a brief recess in order to complete a number of housekeeping items. Commissioner Walters made a motion, seconded by Chairman Schock, to recess the public hearing. Yeas: Commissioner Walters and Chairman Schock. Nays: None. Public hearing recessed at 4:21 p.m. and resumed at 5:28 p.m. Assistant Corporation Counsel Kozal stated that the City and licensee have been able to come to an agreed stipulation regarding the facts in this complaint and a negotiated plea agreement. He read a list of exhibits which were then admitted into the record. Mr. Kozal outlined the proposed settlement which will involve the licensee closing the establishment on four weekends beginning on Friday at 5 p.m. and terminating on the following Monday at 1 a.m. These suspensions must occur no later than June 30, 2004. The licensee also agrees to surrender its Class AA liquor license in return for being issued a Class A license, which will need to be created by the City Council. The Liquor Commission will make a recommendation to the Council to create a Class A license. If the Council does not create a Class A license for Elgin Restaurant, it is the understanding of the parties that the public hearing will be continued. In addition, a fine of$2000 will be imposed payable no later than June 30, 2004. Commissioner Walters made a motion, seconded by Chairman Schock, to direct Mr. Kozal to prepare findings and an agreed order consistent with the terms outlined. Yeas: Commissioner Walters and Chairman Schock. Nays: None. Adjournment Commissioner Walters made a motion, seconded by Chairman Schock,to adjourn the meeting. Yeas: Commissioner Walters and Chairman Schock. Nays: None. Meeting adjourned at 5:40 p.m. 1)'PL ^,32 May 5, 2004 Dolonna Mecum, Recording Secretary Date Approved r ELGIN LIQUOR CONTROL COMMISSION MEETING Conference Room A, South Wing Regular Meeting 4:00 p.m. May 5, 2004 A. Call to Order B. Roll Call C. Approval of Minutes: March 31, 2004, Special Meeting April 7, 2004, Regular Meeting D. License Applications 1. Application for Transfer of Corporate Stock from Rick E. Heidner to John Deruz for Corporation Known as 2 South State Street, Inc., d/b/a J. J. Peppers Food Store, 10 S. State Street 2. Application for Transfer of Corporate Stock from Edward Burgess to Lyla esik Burgess for Corporation Know as Bills Tap, Inc., 260 Brook Street 3. Applications for Transfer of Corporate Stock from Lorenzo Sorano to Bob Tzotzolis and Frank Paganis for Corporation Known as Elgin Fruit Market #2, Inc. d/b/a Elgin Fresh Market, 306 S. N. McLean Boulevard 4. Application for Renewal of Liquor License for Acapulco Restaurant, Inc., 415 Summit Street for Class E License 5. Application of Roylin Corporation for a Class A Liquor License for Establishment Known as Peppermill Restaurant, 802 Villa Street 6. Application of Stop N Shop, Inc. for a Class B-1 Liquor License for Establishment to be Known as Stop N Shop, 455 Bluff City Boulevard E. Miscellaneous 1. Consideration of Provision Allowing Sale of Ethnic Drinks at Festivals 2. Review of Memorandum Regarding Compliance Check Conducted April 13, 2004 F. Adjournment ELGIN LIQUOR CONTROL COMMISSION MEETING May 5, 2004 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 Walters made a motion, seconded by Commissioner Gilliam, to approve the minutes of the March 31, 2004, special meeting and April 7, 2004, regular meeting. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. Application for Transfer of Corporate Stock from Rick E. Heidner to John Deruz for Corporation Known as 2 South State Street, Inc., d/b/a J. J. Peppers Food Store, 10 S. State Street Commissioner Gilliam made a motion, seconded by Commissioner Walters, to defer consideration of the foregoing application until after all requested information has been entered on the application. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. Application for Transfer of Corporate Stock from Edward Burgess to Lyla Burgess for Corporation Know as Bills Tap, Inc., 260 Brook Street Commissioner Walters made a motion, seconded by Commissioner Gilliam, to approve the aforesaid application for transfer of corporate stock. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. Applications for Transfer of Corporate Stock from Lorenzo Sorano to Bob Tzotzolis and Frank Paganis for Corporation Known as Elgin Fruit Market#2, Inc. d/b/a Elgin Fresh Market, 306 S. N. McLean Boulevard Commissioner Gilliam made a motion, seconded by Commissioner Walters, to approve the aforesaid application for transfer of corporate stock. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. Application for Renewal of Liquor License for Acapulco Restaurant, Inc., 415 Summit Street for Class E License Commissioner Walters made a motion, seconded by Commissioner Gilliam, to approve the aforesaid application for renewal of Class E liquor license pending proof of completion of BASSET training by all employees. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. Liquor Commission Meeting May 5, 2004 Page 2 Application of Roylin Corporation for a Class A Liquor License for Establishment Known as Peppermill Restaurant, 802 Villa Street Commissioner Gilliam made a motion, seconded by Commissioner Walters, to approve the aforesaid application. Yeas: None. Nays: Commissioners Gilliam, Walters, and Chairman Schock. Applicant stated that she is willing to amend her application to apply for a Class E license. Linda Hartsell, major shareholder and president of Roylin Corporation, stated that she has been in the restaurant business for 29 years,has worked at Peppermill Restaurant for the past three years, and has been working very closely with the current owner to learn all aspects of the business. She stated that she is well aware of the past problems at this establishment and advised the Commission that she will take steps to prevent a repeat of those problems. She will have security at the door every day, will enforce a strict dress codes, and will have live entertainment geared to an older crowd. She estimates that two-thirds of the revenue will be from the sale of food and one-third from the sale of liquor. Mayor Schock stressed the importance of avoiding the type of entertainment that would generate a problem crowd. She also agreed to have no private parties. Commissioner Walters made a motion, seconded by Commissioner Gilliam, to permit applicant to amend the application from a Class A to Class E at this meeting. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to amend the aforesaid application on its face to reflect that the license class being applied for is Class E. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. Assistant Corporation Counsel Kozal stated for the record that the amended application meets the requirements for a Class E liquor license in that applicant has stated that the gross monthly revenue from the sale of food will be approximately two-thirds of the total revenue, the establishment has seating for 159 people, and the floor plan indicates that fifty percent or more of the floor area is for dining purposes. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to approve the application of Roylin Corporation for a Class E liquor license for the Peppermill Restaurant, 802 Villa Street with the stipulation that private parties will not be allowed, and subject to compliance with all code requirements and correction of current code violations. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. Application of Stop N Shop, Inc. for a Class B-1 Liquor License for Establishment to be Known as Stop N Shop,455 Bluff City Boulevard Dan Weiler, attorney for the applicant, stated that the outstanding code violations, which include striping the parking area and pavement repair, will be corrected. He also described Liquor Commission Meeting May 5, 2004 Page 3 improvements the applicant intends to make which include the installation of a window, lighting improvements, painting of the building, and installation of parking barriers. Commissioner Walters made a motion, seconded by Commissioner Gilliam, to approve the aforesaid application, subject to the creation of an additional Class B-1 liquor license by the City Council, compliance with all codes, correction of outstanding code violations, and subject to completion within six months of issuance of license of exterior site improvements as agreed to by applicant. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. Consideration of Provision Allowing Sale of Ethnic Drinks at Festivals Assistant Corporation Counsel Kozal described the proposed ordinance which amends the Class I special event license by authorizing the sale of one ethnic drink at ethnic-themed special events. The proposed ordinance provides that the additional ethnic drink be sold at not less than fifty percent greater than the price for the beer being sold at the ethnic event. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. Review of Memorandum Regarding Compliance Check Conducted April 13, 2004 Assistant Corporation Counsel Kozal advised the Commission that complaints will be forthcoming regarding the sale of liquor to a minor at A J Foodshop and Payless Tobacco and Liquor. 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 5:35 p.m. July 14, 2004 Dolonna Mecum, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION MEETING Conference Room A, South Wing Regular Meeting 4:00 p.m. June 2, 2004 A. Call to Order B. Roll Call C. License Applications 1. Application for Transfer of Corporate Stock from Rick E. Heidner to John Deruz for Corporation Known as 2 South State Street, Inc., d!b/a J. J. Peppers Food Store, 10 S. State Street 2. Application of Pratha Entertainment, Inc. for Class A Liquor License for Lounge/Bar to be Known as Martini Room, at 161 East Chicago Street r 3. Application of Rubio, Inc., d/b/a Marlene's Restaurant and Banquets, for Class P (Catering) Liquor License and Application for Exterior Sales Permit at 50 N. Spring Street D. Public Hearings 1. Public Hearing Regarding A. J. Foodshop, Inc., 275 S. McLean Boulevard, Holder of Class B-1 Liquor License; Violation of Elgin Municipal Code Section 6.06.140 — Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee 2. Public Hearing Regarding Meerambika Corp., d/b/a Payless Tobacco and Liquor, 824 S. McLean Boulevard, 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 E. Miscellaneous F. Adjournment e.► ELGIN LIQUOR CONTROL COMMISSION MEETING June 2, 2004 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. Application for Transfer of Corporate Stock from Rick E. Heidner to John Deruz for Corporation Known as 2 South State Street, Inc., d/b/a J. J. Peppers Food Store, 10 S. State Street Commissioner Walters made a motion, seconded by Commissioner Gilliam, to approve the aforesaid application for transfer of corporate stock. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Amended Application of Pratha Entertainment, Inc. for Class A-1 Liquor License for Lounge/Bar to be Known as Martini Room, at 161 East Chicago Street Leng Prathammanon, president and sole shareholder of the applicant corporation, described her background and experience in this business, her plans for the lounge, type of drinks to be served, and target clientele. The Commission indicated that there are no Class A liquor licenses available, and they are not in favor of creating an additional Class A for this location. However, an ordinance has been drafted creating a Class A-1 liquor license classification for a bar located in the Center City serving speciality and premium drinks. Applicant agreed to amend the application to apply for a Class A-1 license. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to approve the amended application for a Class A-1 liquor license, subject to the submission of a site plan with an architect's seal, the City Council creating a Class A-1 liquor license classification, and conformance with all codes, including enclosure of the dumpster. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Application of Rubio,Inc., d/b/a Marlene's Restaurant and Banquets, for Class P (Catering) Liquor License and Application for Exterior Sales Permit at 50 N. Spring Street Assistant Corporation Counsel Kozal advised the Commission that the criminal background check regarding Alvaro Rubio, an officer of the applicant corporation, revealed that he had a minor offense in 1997. Guadalupe Rubio,president and sole shareholder of the applicant corporation, agreed to remove her son, Alvaro Rubio, as an officer of the corporation. elk Commissioner Gilliam made a motion, seconded by Commissioner Walters, to approve the aforesaid application for a Class P liquor license, subject to applicant furnishing verification that Liquor Commission Meeting June 2, 2004 Page 2 Alvaro Rubio has been removed as an officer of the corporation. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to approve the aforesaid application for an exterior sales permit at Marlene's Restaurant and Banquets located at 50 N. Spring Street. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Public Hearing Regarding A. J. Foodshop, Inc., 275 S. McLean Boulevard, Holder of Class B-1 Liquor License; Violation on April 13, 2004, of Elgin Municipal Code Section 6.06.140 — Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee John P. John,president and sole shareholder of A. J. Foodshop, Inc., and Michael Chapski, his attorney, were present. Assistant Corporation Counsel Kozal advised the Commission that a stipulation and agreed order have been entered into admitting the allegations in the complaint. Mr. Chapski stated that this is the licensee's first offense. The employee who sold the liquor to the minor had only been working for one week and had noWbeen made aware of the seriousness of the offense. Mr. John has now taken steps to make sure all employees are made aware of this as soon as they are hired. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to assess a fine of $500 plus costs. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Public Hearing Regarding Meerambika Corp., d/b/a Payless Tobacco and Liquor, 824 S. McLean Boulevard,Holder of Class B Liquor License; Violation on April 13, 2004, of Elgin Municipal Code Section 6.06.140—Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee Suryakan Patel, President of Meerambika Corp., and Mark Schuster, his attorney, were present. Assistant Corporation Counsel Kozal advised that this licensee had a previous offense in June 2003 of sale of liquor to a minor by the same employee. A stipulation and order have been entered into admitting the allegations in the complaint. Mr. Schuster advised the Commission that the employee who sold liquor to a minor has been with the company for four years. However, recently the store has been experiencing increased shoplifting, and said employee was concentrating his attention on that issue. The layout of the store has now been changed, and now two employees are in the store at high traffic times. The owner stated that he has been in this business for 13 years and has never previously been charged with a violation. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to assess a fine of $1000 plus costs. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: Non Liquor Commission Meeting , ' June 2, 2004 Page 3 elk Scheduling of Hearing Regarding Eaton's Redwood Inn Assistant Corporation Counsel Kozal presented a complaint against Eaton's Redwood Inn alleging 13 instances of criminal activity. The July meeting was changed from July 7 to July 14, 2004, and hearing on this complaint will be held at that time. Additional Consideration of Application of Aldi's, Inc., d/b/a Aldi's #50 for a Class B-1 Liquor License at 799 Summit Street Assistant Corporation Counsel Kozal stated that at the April 2004 Commission meeting, approval of Aldi's application for the above location was subject to applicant bringing the existing sign on Hiawatha into conformance with the current sign ordinance. David Hassen, Aldi's District Manager, stated that Aldi's proposes bringing the existing sign to 11 feet in height rather than 10 feet as required by code in order to be able to provide some landscaping around the sign. Commissioner Walters made a motion, seconded by Commissioner Gilliam, to permit Aldi's to have an 11 foot sign as long as the sign complies with the current sign ordinance in all other aspects. 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 5:00 p.m. I %____ IA _� July 14, 2004 Dolonna Mecum, Recording Secretary Date Approved e.► ELGIN LIQUOR CONTROL COMMISSION MEETING June 2, 2004 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. Application for Transfer of Corporate Stock from Rick E. Heidner to John Deruz for Corporation Known as 2 South State Street, Inc., d/b/a J. J. Peppers Food Store, 10 S. State Street Commissioner Walters made a motion, seconded by Commissioner Gilliam, to approve the aforesaid application for transfer of corporate stock. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Amended Application of Pratha Entertainment, Inc. for Class A-1 Liquor License for Lounge/Bar to be Known as Martini Room, at 161 East Chicago Street Leng Prathammanon, president and sole shareholder of the applicant corporation, described her background and experience in this business, her plans for the lounge, type of drinks to be served, and target clientele. The Commission indicated that there are no Class A liquor licenses available, and they are not in favor of creating an additional Class A for this location. However, an ordinance has been drafted creating a Class A-1 liquor license classification for a bar located in the Center City serving speciality and premium drinks. Applicant agreed to amend the application to apply for a Class A-1 license. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to approve the amended application for a Class A-1 liquor license, subject to the submission of a site plan with an architect's seal, the City Council creating a Class A-1 liquor license classification, and conformance with all codes, including enclosure of the dumpster. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Application of Rubio, Inc., d/b/a Marlene's Restaurant and Banquets, for Class P (Catering) Liquor License and Application for Exterior Sales Permit at 50 N. Spring Street Assistant Corporation Counsel Kozal advised the Commission that the criminal background check regarding Alvaro Rubio, an officer of the applicant corporation, revealed that he had a minor offense in 1997. Guadalupe Rubio,president and sole shareholder of the applicant corporation, agreed to remove her son, Alvaro Rubio, as an officer of the corporation. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to approve the aforesaid application for a Class P liquor license, subject to applicant furnishing verification that Liquor Commission Meeting 'June 2, 2004 Page 2 Alvaro Rubio has been removed as an officer of the corporation. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to approve the aforesaid application for an exterior sales permit at Marlene's Restaurant and Banquets located at 50 N. Spring Street. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Public Hearing Regarding A. J. Foodshop, Inc., 275 S. McLean Boulevard, Holder of Class B-1 Liquor License; Violation on April 13, 2004, of Elgin Municipal Code Section 6.06.140 — Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee John P. John, president and sole shareholder of A. J. Foodshop, Inc., and Michael Chapski, his attorney, were present. Assistant Corporation Counsel Kozal advised the Commission that a stipulation and agreed order have been entered into admitting the allegations in the complaint. Mr. Chapski stated that this is the licensee's first offense. The employee who sold the liquor to the minor had only been working for one week and had notYbeen made aware of the seriousness of the offense. Mr. John has now taken steps to make sure all employees are made aware of this as soon as they are hired. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to assess a fine of $500 plus costs. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Public Hearing Regarding Meerambika Corp., d/b/a Payless Tobacco and Liquor, 824 S. McLean Boulevard,Holder of Class B Liquor License; Violation on April 13, 2004, of Elgin Municipal Code Section 6.06.140—Sale of Alcoholic Liquor to a Minor by Agent and Employee of Licensee Suryakan Patel, President of Meerambika Corp., and Mark Schuster, his attorney, were present. Assistant Corporation Counsel Kozal advised that this licensee had a previous offense in June 2003 of sale of liquor to a minor by the same employee. A stipulation and order have been entered into admitting the allegations in the complaint. Mr. Schuster advised the Commission that the employee who sold liquor to a minor has been with the company for four years. However, recently the store has been experiencing increased shoplifting, and said employee was concentrating his attention on that issue. The layout of the store has now been changed, and now two employees are in the store at high traffic times. The owner stated that he has been in this business for 13 years and has never previously been charged with a violation. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to assess a fine of $1000 plus costs. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: Non Liquor Commission Meeting ' June 2, 2004 Page 3 Scheduling of Hearing Regarding Eaton's Redwood Inn Assistant Corporation Counsel Kozal presented a complaint against Eaton's Redwood Inn alleging 13 instances of criminal activity. The July meeting was changed from July 7 to July 14, 2004, and hearing on this complaint will be held at that time. Additional Consideration of Application of Aldi's, Inc., d/b/a Aldi's #50 for a Class B-1 Liquor License at 799 Summit Street Assistant Corporation Counsel Kozal stated that at the April 2004 Commission meeting, approval of Aldi's application for the above location was subject to applicant bringing the existing sign on Hiawatha into conformance with the current sign ordinance. David Hassen, Aldi's District Manager, stated that Aldi's proposes bringing the existing sign to 11 feet in height rather than 10 feet as required by code in order to be able to provide some landscaping around the sign. Commissioner Walters made a motion, seconded by Commissioner Gilliam, to permit Aldi's to have an 11 foot sign as long as the sign complies with the current sign ordinance in all other aspects. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. rAdjournment 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 5:00 p.m. A � _ July 14, 2004 Dolonna Mecum, Recording Secretary Date Approved r ELGIN LIQUOR CONTROL COMMISSION MEETING Conference Room A, South Wing Regular Rescheduled Meeting 4:00 p.m. July 14, 2004 A. Call to Order B. Roll Call C. Approval of Minutes - May 5, 2004 and June 2, 2004 D. License Applications 1. Application of Nick's Pizza&Pub Ltd. for Class E Liquor License at 990 South Randall Road rft. 2. Application of The Noodle Shop Co. —Illinois, Inc., d/b/a Noodles & Company, 895 South Randall Road, for Exterior Sales Permit E. 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 6.06.145 —Preservation of Peace on Licensed Premises F. Miscellaneous G. Adjournment ELGIN LIQUOR CONTROL COMMISSION MEETING JULY 14, 2004 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 May 5, 2004, and June 2, 2004, meetings. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. Application of Nick's Pizza & Pub Ltd. for Class E Liquor License at 990 South Randall Road Comissioner Walters made a motion, seconded by Commissioner Gilliam, to approve the aforesaid application subject to execution of a lease and issuance of an occupancy permit and compliance with all codes. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. Application of The Noodle Shop Co.—Illinois, Inc., d/b/a Noodles & Company, 895 South Randall Road, for Exterior Sales Permit Commissioner Walters made a motion, seconded by Commissioner Gilliam, to approve the application for an exterior sales permit subject to presenting written documentation from the landlord that they have permission for use of the outdoor property for eating and drinking. Nays: None. Yeas: Commissioners Gilliam, Walters and Chairman Schock. 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 Assistant Corporation Counsel Kozal advised the Commission that the licensee has retained Attorney William Chesbrough,who has requested that the public hearing be continued until the next meeting due to a conflict in his schedule which made him unable to be present today. Because of commissioner's vacation schedules, the August meeting was canceled, and the next meeting will be September 1. Commissioner Walters made a motion, seconded by Commissioner Gilliam, to continue the public hearing to the September 1, 2004, Liquor Commission meeting. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Liquor Commission Meeting July 14, 2004 Page 2 Adjournment Commissioner Gilliam made a motion, seconded by Commissioner Walters, o adjourn the meeting. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. Meeting adjourned at 4:12 p.m. September 1, 2004 Dolonna Mecum, Recording Secretary Date Approved efew • ELGIN LIQUOR CONTROL COMMISSION MEETING JULY 14, 2004 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 May 5, 2004, and June 2, 2004, meetings. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. Application of Nick's Pizza & Pub Ltd. for Class E Liquor License at 990 South Randall Road Comissioner Walters made a motion, seconded by Commissioner Gilliam, to approve the aforesaid application subject to execution of a lease and issuance of an occupancy permit and compliance with all codes. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. Application of The Noodle Shop Co.—Illinois, Inc., d/b/a Noodles & Company, 895 South Randall Road, for Exterior Sales Permit Commissioner Walters made a motion, seconded by Commissioner Gilliam, to approve the application for an exterior sales permit subject to presenting written documentation from the landlord that they have permission for use of the outdoor property for eating and drinking. Nays: None. Yeas: Commissioners Gilliam, Walters and Chairman Schock. 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 Assistant Corporation Counsel Kozal advised the Commission that the licensee has retained Attorney William Chesbrough, who has requested that the public hearing be continued until the next meeting due to a conflict in his schedule which made him unable to be present today. Because of commissioner's vacation schedules, the August meeting was canceled, and the next meeting will be September 1. Commissioner Walters made a motion, seconded by Commissioner Gilliam, to continue the public hearing to the September 1, 2004, Liquor Commission meeting. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Liquor Commission Meeting July 14, 2004 Page 2 Adjournment Commissioner Gilliam made a motion, seconded by Commissioner Walters, o adjourn the meeting. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. Meeting adjourned at 4:12 p.m. September 1, 2004 Dolonna Mecum, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION NOTICE OF CANCELLATION OF MEETING NOTICE IS HEREBY GIVEN that the August 4, 2004, regularly scheduled meeting of the Liquor Control Commission is cancelled. The next meeting is scheduled for September 1, 2004, at 4 p.m. DATED: July 29, 2004. CITY OF ELGIN By Dolonna Mecum Elgin City Clerk ELGIN LIQUOR CONTROL COMMISSION MEETING South Wing First Floor Conference Room Regular Meeting 4:00 p.m. September 1, 2004 A. Call to Order B. Roll Call C. Approval of Minutes—July 14, 2004 D. 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 6.06.145 —Preservation of Peace on Licensed Premises E. Miscellaneous 1. Consideration of Request for Creation of Liquor License Classification for a Home-Based Business for Sale of Gift Baskets with Liquor Included 2. Ratification of Issuance of Liquor License to Martini Room F. Adjournment ELGIN LIQUOR CONTROL COMMISSION MEETING September 1, 2004 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 Walters made a motion, seconded by Commissioner Gilliam, to approve the minutes of the July 14, 2004, meeting. Yeas: Commissioners Gilliam, Walters and Chairman Schock. 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 of Elgin Municipal Code Section 6.06.145—Preservation of Peace on Licensed Premises Assistant Corporation Counsel Kozal stated that the City and the licensee had planned to present an agreed order at this meeting. However, there are a number of items that need to be clarified, and there was not sufficient time to complete this. William Chesbrough, attorney for Eaton's Redwood Inn, advised the Commission that the general parameters of the stipulation have been agreed to. However, there are details that have to be refined, and he requested a continuance for one month to work out the details. Mr. Kozal outlined the general terms of the stipulation. Mr. Chesbrough stated that he would advise Mr. Kozal before the end of September if a hearing is going to be necessary because they are unable to reach an agreement. Commissioner Walters made a motion, seconded by Commissioner Gilliam, to continue the hearing on the complaint to the next meeting in order to work out the fine points of the stipulation. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Consideration of Request for Creation of Liquor License Classification for a Home-Based Business for Sale of Gift Baskets with Liquor Included Lenamarie Viocalino addressed the Liquor Commission regarding her request that a liquor classification be created that would allow her to include wine and beer in gourmet gift baskets which she plans to sell through her home-based business. She stated that she would not maintain stock at her home but would purchase it on an "as needed basis," and she would require proof of age when delivering the baskets. There would be no employees, the business would be operated from her third bedroom, which doesn't comprise more than 25 percent of the total floor area, and there would be no advertising at her home. Initially the orders would be placed through the telephone and maybe eventually through the Internet. r Assistant Corporation Counsel Kozal outlined the provisions required if the Commission recommends creation of a classification for the type of operation Ms. Viocalino described. The 4 Liquor Commission Meeting September 1, 2004 Page 2 proposed ordinance creating a new license classification should provide for the sale at retail by phone, e-mail, or regular mail for the future delivery of wine for consumption not on the premises. It would require the package to be clearly labeled as to being delivered only to persons 21 years and older, and such person would have to present proof of age in order to accept the package. This license classification would include an exception to the liquor code regarding the prohibition against sale of liquor in a residential zoning district. Commissioner Walters made a motion, seconded by Commissioner Gilliam, to direct corporation counsel to develop an ordinance amending the liquor code to create a license classification to accommodate a business as outlined by Ms. Vocalino. Yeas: Commissioners Gilliam, Walters, and Mayor Schock. Ratification of Issuance of Liquor License to Martini Room Assistant Corporation Counsel Kozal advised the Commission that Commissioner John Walters signed the liquor license previously approved by the Commission for a Class A-1 liquor license for The Martini Room at 161 E. Chicago Street in that Chairman Schock was out of the country at the time all conditions for issuance of the license had been met. Commissioner Walters made a motion, seconded by Commissioner Gilliam, to ratify the execution of the aforesaid liquor license to The Martini Room by Commissioner Walters. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Adjournment Commissioner Walters made a motion, seconded by Commissioners Gilliam, to adjourn the meeting. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. Meeting adjourned at 4:27 p.m. 5-644141-"'"—f October 6, 2004 Dolonna Mecum, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION MEETING Conference Room A, South Wing Regular Meeting 4:00 p.m. October 6, 2004 A. Call to Order B. Roll Call C. Approval of Minutes— September 1, 2004 D. 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 6.06.145 —Preservation of Peace on Licensed Premises E. Miscellaneous 1. Consideration of Request of Speedway Superamerica LLC for Approval of New Floor and Site Plans for Speedway#7514 , 1570 Big Timber Road 2. Consideration of Proposed Revisions to Class R Licensing Classification and Conditions Governing Youth Adult Night Permits (No attachment) 3. Other F. Adjournment ELGIN LIQUOR CONTROL COMMISSION MEETING OCTOBER 6, 2004 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 Walters made a motion, seconded by Commissioner Gilliam, to approve the minutes of the September 1, 2004, meeting. Yeas: Commissioners Gilliam, Walters and Chairman Schock. 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 of Elgin Municipal Code Section 6.06.145—Preservation of Peace on Licensed Premises Scott Eaton, sole shareholder of Eaton's Redwood Inn, Ltd., and William Chesbrough, attorney for the licensee, were present pursuant to the Notice to Appear. Assistant Corporation Counsel Kozal advised the Commission that a proposed stipulation and agreed order has been negotiated which provides that Eaton's Redwood Inn, Ltd. will surrender its Class AA liquor license on April 29, 2005, and a Class A license will be issued; that licensee will pay a fine of$2000 no later than November 30, 2004; that licensee's liquor license will be suspended for a 10-day period, to include two weekends, before February 28, 2005. Mr. Kozal stated that the licensee wants the Commission to recognize the severity of this punishment because of the amount of revenue currently generated by the Class AA license, which permits the sale of alcohol for off-site consumption. Mr. Chesbrough advised the Commission that once his clients were made aware of the activities taking place at their establishment, they cooperated with the Police Department and took steps to alleviate the problems. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to approve the proposed stipulation and agreed order. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Consideration of Request of Speedway Superamerica LLC for Approval of New Floor and Site Plans for Speedway#7514 , 1570 Big Timber Road Commission Secretary Mecum advised the Commission that the City Council passed Ordinance 62-04 on July 14, 2004, granting conditional use to permit redevelopment of the Speedway service station at 1570 Big Timber Road. Section 6.06.070(B) of the Liquor Code provides that the layout of a licensed premises may not be substantially changed without submission of a new Liquor Commission Meeting October 6, 2004 Page 2 set of plans and approval by the Liquor Commission. The new floor and site plans have been presented to the Liquor Commission for their consideration. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to approve licensee's proposed floor and site plans for the new building to be constructed at the above location. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Consideration of Proposed Revisions to Class R Licensing Classification and Conditions Governing Youth Adult Night Permits Assistant Corporation Counsel Kozal advised the Commission that Dave Shelton, owner and manager of The Mission located at 209 E. Chicago Street, has operated The Mission for approximately eight years and has been in the industry for 30 years. Mr. Shelton is asking that the Commission consider amending the provisions regarding Class R licensing conditions and governing youth adult night permits in order to permit use of a greater portion of the building more frequently in that the current restrictions have made it extremely difficult financially. In addition to being able to sell liquor on Friday and Saturday and one weekend as the Class R license currently provides, Mr. Shelton would like to be able to sell liquor one additional week night until 3 a.m. Mr. Shelton is also requesting that he be allowed to serve liquor on one floor of the building on the same nights he is holding a young adult night on a different floor. He described the layout of the premises and the procedures to be used to insure that people under 21 years of age not be admitted to the floor where the liquor is being served and people over 21 not be admitted to the young adult area unless they are a parent, guardian, or guest of a club member. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to recommend to the City Council that the conditions for the Young Adult Night permit be amended to allow the sale of alcohol on a different floor of the building on the same nights a Young Adult Night event is being held, subject to the Police Department's approval for the layout to insure under 21 year olds do not have access to the area where liquor is being sold. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to recommend to the City Council that the provisions regarding the Class R liquor license be amended to provide for the sale of alcohol on two weeknights up to 3 a.m. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Miscellaneous Assistant Corporation Counsel Kozal presented a Complaint against Anthony & Bettie, Inc., d/b/a Anthony's Restaurant and Jazz Club, 231 Douglas Avenue, holder of a Class U liquor license. The licensee has violated the terms of the Class U license class regarding the requirement for live music, has allowed patrons to remain on the premises after hours, has allowed the consumption of liquor on the sidewalks and outside in the parking lot, is more than Liquor Commission Meeting October 6, 2004 Page 3 45 days and over $3000 in arrears regarding payment to comply with the provision for police presence, and has allowed a minor to consume alcohol on the premises. Hearing on the complaint will be scheduled for the November 3 Liquor Commission meeting, which will begin at 3 p.m. rather than the usual starting time of 4 p.m. At the request of Commissioner Gilliam, Mr. Kozal explained to Anthony and Bettie Nance the procedures to be followed regarding the complaint and hearing process. 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 4:48 p.m. November 3, 2004 Dolonna Mecum, Recording Secretary Date Approved NOTICE OF RESCHEDULED MEETING Notice is hereby given that the Local Liquor Control Commission has changed the time of its meeting on November 3, 2004, from 4:00 p.m. to 3:00 p.m. , in Conference A, South Wing of Elgin City Hall, 150 Dexter Court, Elgin, Illinois. The purpose of this meeting is to discuss the matters set forth in the agenda below. DATED: October 29, 2004 Dolonna Mecum Elgin City Clerk ELGIN LIQUOR CONTROL COMMISSION MEETING Conference Room A, South Wing Rescheduled Regular Meeting 3:00 p.m November 3, 2004 A. Call to Order B. Roll Call C. Approval of Minutes—October 6, 2004 D. Public Hearing Regarding Anthony& Bettie, Inc., d/b/a Anthony's Restaurant and Jazz Club, 231 Douglas Avenue, Holder of Class U Liquor License; Various Violations of Elgin Municipal Code, Including Section 6.06.145 —Preservation of Peace on Licensed Premises E. Miscellaneous Consideration of Proposed Ordinance Making Technical Amendments to Liquor Code (Materials to be Furnished) C F. Adjournment ELGIN LIQUOR CONTROL COMMISSION MEETING November 3, 2004 The rescheduled regular meeting was called to order at 3:52 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 October 6, 2004, meeting. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. Public Hearing Regarding Anthony & Bettie, Inc., d/b/a Anthony's Restaurant and Jazz Club, 231 Douglas Avenue, Holder of Class U Liquor License; Various Violations of Elgin Municipal Code, Including Section 6.06.145—Preservation of Peace on Licensed Premises Assistant Corporation Counsel Kozal stated that it had previously been anticipated that an agreed order would be presented at this time. However, they have been unable to resolve all the outstanding issues, including an invoice for police services, but expect to be able to enter into a stipulation and agreed order by the next meeting. Commission Gilliam made a motion, seconded by Commissioner Walters, to table the public hearing. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. Consideration of Proposed Ordinance Making Technical Amendments to Liquor Code Assistant Corporation Counsel Kozal explained that the purpose of the proposed ordinance is to more appropriately reflect the optional features, such as conducting exterior sales on the premises, conducting off-site events, providing liquor services for special events by the City that should be available to similarly classed licenses. One of the other provisions amends the prohibition on any licensee selling items of intimate apparel, including lingerie, undergarments, and swim suits. Some of the larger retailers in the City with package liquor licenses also sell clothing, swimwear, and underwear. The proposed ordinance amends the relevant section so that a licensee who is in the principal business of retail sales that involve clothing would be permitted to sell these items. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to recommend approval of the proposed technical amendments to the City Council. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. reb. Liquor Commission Meeting November 3, 2004 Page 2 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 3:58 p.m. December 1, 2004 Dolonna Mecum, Recording Secretary Date Approved rih NOTICE OF RESCHEDULED MEETING Notice is hereby given that the Local Liquor Control Commission has changed the time of its meeting on December 1, 2004, from 4:00 p.m. to 5:15 p.m. , in Conference A, South Wing of Elgin City Hall, 150 Dexter Court, Elgin, Illinois. The purpose of this meeting is to discuss the matters set forth in the agenda below. DATED: November 24, 2004 Dolonna Mecum Elgin City Clerk ELGIN LIQUOR CONTROL COMMISSION MEETING South Wing First Floor Conference Room Rescheduled Regular Meeting 5:15 p.m. December 1, 2004 flk A. Call to Order B. Roll Call C. Approval of Minutes—November 3, 2004 D. License Applications 1. Consideration of Application of Foxhole Pub, Inc., 158 Symphony Way, for Class R Liquor License 2. Consideration of Application of Hugee Enterprises, Inc., d/b/a Al's Café and Creamery, 43 DuPage Court, for Class E-1 Liquor License E. Continued Public Hearing Regarding Anthony&Bettie, Inc., d/b/a Anthony's Restaurant and Jazz Club, 231 Douglas Avenue, Holder of Class U Liquor License; Various Violations of Elgin Municipal Code, Including Section 6.06.145 —Preservation of Peace on Licensed Premises F. Other G. Adjournment rik ELGIN LIQUOR CONTROL COMMISSION MEETING December 1, 2004 The regular rescheduled meeting was called to order at 5:20 p.m. in Conference Room A of Elgin City Hall by Chairman Schock. Members present: Commissioners Gilliam Walters (arrived at 5:23 p.m.), and Chairman Schock. Absent: None. Approval of Minutes Commissioner Gilliam made a motion, seconded by Chairman Schock, to approve the minutes of the November 3, 2004, meeting. Yeas: Commissioner Gilliam and Chairman Schock. Nays: None. Consideration of Application of Foxhole Pub, Inc., 158 Symphony Way, for Class R Liquor License Assistant Corporation Counsel Kozal stated that the Foxhole Pub currently has a Class A liquor license, and the applicant is asking that it be changed to a Class R liquor license. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to approve the aforesaid application subject to the following: Application being amended on its face to reflect that Carlos Villanueva is the corporate secretary of Foxhole Pub, Inc., submission in writing to the City Clerk reflecting that applicant has exercised its option to renew the lease for the premises at 158 Symphony Way, and creation of an additional Class R license by the City Council. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Consideration of Application of Hugee Enterprises, Inc., d/b/a Al's Café and Creamery, 43 DuPage Court, for Class E-1 Liquor License The City Clerk advised the Liquor Commission that Al's Café currently has a Class F liquor license. However,prior to the license renewal on May 1, 2004, this establishment had a Class E-1 liquor license. The owner is requesting that a Class E-1 license again be approved for this establishment in that they now again have a full dinner menu, are doing more banquet business, and want the ability to serve all types of liquor rather than being limited to serving only beer and wine as provided by the current Class F license. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to approve the aforesaid application. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. r r - Liquor Commission Meeting • December 1, 2004 Page 2 Continued Public Hearing Regarding Anthony& Bettie,Inc., d/b/a Anthony's Restaurant and Jazz Club, 231 Douglas Avenue, Holder of Class U Liquor License; Various Violations of Elgin Municipal Code, Including Section 6.06.145—Preservation of Peace on Licensed Premises Assistant Corporation Counsel Kozal stated that the City and licensee, Anthony &Bettie, Inc., have reached an agreement regarding the complaint which was filed in October. The proposed stipulation and agreed order generally provides as follows: Licensee admits to a number of violations of the City's Alcoholic Liquor Dealers Code occurring on the premises. The licensee agrees to pay a fine of$5,000 and serve a seven-day suspension to occur before January 31, 2005. The agreement also provides a violation of Elgin Municipal Code Section 6.06.145 on the licensed premises prior to expiration of the current license shall be cause for revocation of the liquor license, although the Commission will be required to conduct a hearing and provide the licensee with all other rights afforded to them. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to approve the proposed Stipulation and Agreed Order. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. 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 5:32 p.m. February 2, 2005 Dolonna Mecum, ecording Secretary Date Approved r NOTICE OF SPECIAL MEETING Notice is hereby given that the Local Liquor Control Commission will conduct a special meeting on December 17, 2004, at 2:00 p.m. in Conference Room A, South Wing, Elgin City Hall, 150 Dexter Court, Elgin, Illinois. The purpose of this meeting is to discuss the matters set forth in the agenda below. DATED: December 14, 2004 Dolonna Mecum Elgin City Clerk ELGIN LIQUOR CONTROL COMMISSION MEETING Conference Room A, South Wing Special Meeting 2:00 p.m December 17, 2004 A. Call to Order B. Roll Call C. Public Hearing Regarding Anthony& Bettie, Inc., d/b/a Anthony's Restaurant and Jazz Club, 231 Douglas Avenue, Holder of Class U Liquor License; Various Violations of Elgin Municipal Code, Including Section 6.06.145 —Preservation of Peace on Licensed Premises D. Adjournment r ELGIN LIQUOR CONTROL COMMISSION MEETING December 1, 2004 The regular rescheduled meeting was called to order at 5:20 p.m. in Conference Room A of Elgin City Hall by Chairman Schock. Members present: Commissioners Gilliam Walters (arrived at 5:23 p.m.), and Chairman Schock. Absent: None. Approval of Minutes Commissioner Gilliam made a motion, seconded by Chairman Schock, to approve the minutes of the November 3, 2004, meeting. Yeas: Commissioner Gilliam and Chairman Schock. Nays: None. Consideration of Application of Foxhole Pub, Inc., 158 Symphony Way, for Class R Liquor License Assistant Corporation Counsel Kozal stated that the Foxhole Pub currently has a Class A liquor license, and the applicant is asking that it be changed to a Class R liquor license. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to approve the aforesaid application subject to the following: Application being amended on its face to reflect that Carlos Villanueva is the corporate secretary of Foxhole Pub, Inc., submission in writing to the City Clerk reflecting that applicant has exercised its option to renew the lease for the premises at 158 Symphony Way, and creation of an additional Class R license by the City Council. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Consideration of Application of Hugee Enterprises, Inc., d/b/a Al's Café and Creamery, 43 DuPage Court, for Class E-1 Liquor License The City Clerk advised the Liquor Commission that Al's Café currently has a Class F liquor license. However,prior to the license renewal on May 1, 2004, this establishment had a Class E-1 liquor license. The owner is requesting that a Class E-1 license again be approved for this establishment in that they now again have a full dinner menu, are doing more banquet business, and want the ability to serve all types of liquor rather than being limited to serving only beer and wine as provided by the current Class F license. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to approve the aforesaid application. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. r Liquor Commission Meeting December 1, 2004 Page 2 Continued Public Hearing Regarding Anthony & Bettie, Inc., d/b/a Anthony's Restaurant and Jazz Club, 231 Douglas Avenue, Holder of Class U Liquor License; Various Violations of Elgin Municipal Code, Including Section 6.06.145—Preservation of Peace on Licensed Premises Assistant Corporation Counsel Kozal stated that the City and licensee, Anthony & Bettie, Inc., have reached an agreement regarding the complaint which was filed in October. The proposed stipulation and agreed order generally provides as follows: Licensee admits to a number of violations of the City's Alcoholic Liquor Dealers Code occurring on the premises. The licensee agrees to pay a fine of$5,000 and serve a seven-day suspension to occur before January 31, 2005. The agreement also provides a violation of Elgin Municipal Code Section 6.06.145 on the licensed premises prior to expiration of the current license shall be cause for revocation of the liquor license, although the Commission will be required to conduct a hearing and provide the licensee with all other rights afforded to them. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to approve the proposed Stipulation and Agreed Order. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. 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 5:32 p.m. February 2, 2005 Dolonna Mecum,Recording Secretary Date Approved r r ' ELGIN LIQUOR CONTROL COMMISSION MEETING December 17, 2004 The special meeting was called to order at 2:45 p.m. in Conference Room A of Elgin City Hall by Chairman Schock. Members present: Commissioners Gilliam, Walters, and Chairman Schock. Absent: None. Public Hearing Regarding Anthony & Bettie, Inc., d/b/a Anthony's Restaurant and Jazz Club, 231 Douglas Avenue, Holder of Class U Liquor License; Various Violations of Elgin Municipal Code, Including Section 6.06.145—Preservation of Peace on Licensed Premises The proceedings of the above-described public hearing were recorded by the court reporting firm of Sonntag Reporting, Geneva, Illinois, and a transcript of the public hearing was prepared. Anthony Nance and Bettie Nance, shareholders of the licensee corporation, appeared pursuant to the Notice of Hearing and Complaint dated December 7, 2004. Assistant Corporation Counsel Kozal stated that Section 6.06.145 of the Elgin Municipal Code imposes a duty and responsibility on any licensee to maintain its premises in a peaceable and orderly maintain. The licensee does not have the ability to maintain peace and order on the premises as demonstrated by the violations set forth in the Complaint involving mob action, battery, and disorderly conduct. Exhibits were entered into the record, in-car video of the incidents were shown, and testimony was given by various members of the Elgin Police Department. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to go into executive session for the purpose of reviewing and weighing the evidence presented. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Commission went into executive session at 7:09 p.m. and returned to open session at 7:28 p.m. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to enter a finding that there was sufficient evidence to support the allegations in the complaint that three incidents in violation of the Illinois Criminal Code, battery, disorderly conduct, and mob action, did occur on the property, and these incidents violated Elgin Municipal Code Section 6.06.145. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Thereafter, testimony was entered regarding the penalty phase of the public hearing. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to go into executive session for the purpose of determining the penalty to be imposed. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. • Liquor Commission Meeting December 17, 2004 Page 2 The meeting was recessed to go into executive session at 7:48 p.m. The open session resumed at 7:59 p.m. Chairman Schock stated that a liquor license is a privilege and not a right. With that privilege comes responsibilities not only to this Liquor Commission, but more importantly to the entire community. Foremost among those responsibilities is to keep the order and maintain a safe place so that public safety is never compromised. The owners have not demonstrated an ability to maintain a safe environment. We have been fortunate that there have not been more serious injuries at the establishment given the nature of some of the problems which have occurred there. Commissioner Walters made a motion, seconded by Commissioner Gilliam, that there be an immediate revocation of the liquor license of Anthony & Bettie, Inc., d/b/a Anthony's Restaurant and Jazz Club, 231 Douglas Avenue and that the revocation apply to the licensee only. Commissioner Walter stated that the written order of revocation should (1) reference the incidents admitted to by the licensee in the December 1, 2004 stipulation and agreed order; (2) reference the strain on police resources caused by the licensee because of the incidents on December 5, 2004 and other incidents occurring on the licensee's property; (3) state that the licensee violated section 6.06.145 on December 5, 2004, and ; (4) state that the findings indicate the order of revocation is resulting from the incidents admitted to in the December 1, 2004 stipulation and agreed order and the incidents occurring on December 5, 2004. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to recess the meeting in order for Assistant Corporation Counsel Kozal to prepare the findings and facts. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. The meeting was recessed at 8:03 p.m. and reconvened at 8:26 p.m. Commissioner Walters made a motion, seconded by Commissioner Gilliam, to approve the findings and decision prepared by Counsel and reviewed by the Commission, and the revocation shall be effective tonight, December 17, 2004, at 9 p.m. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. 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 8:28 p.m. P0-74,..4 February 2, 2005 Dolonna Mecum, Recording Secretary Date Approved