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HomeMy WebLinkAbout2005 Liquor Commission ELGIN LIQUOR CONTROL COMMISSION MEETING Conference Room A, South Wing Regular Meeting 4:00 p.m. January 5, 2005 A. Call to Order B. Roll Call C. Approval of Minutes—December 1, 2004 D. License Applications: Consideration of Application of Domingo Pineda and Jorge Garcia-Fregoso, d/b/a El Comitan, 415 Dundee Avenue, for Class F Liquor License r E. Miscellaneous F. Adjournment r r ELGIN LIQUOR CONTROL COMMISSION NOTICE OF CANCELLATION OF MEETING NOTICE IS HEREBY GIVEN that the January 5, 2005, regularly scheduled meeting of the Liquor Control Commission is cancelled. The next meeting is scheduled for February 2, 2005, at 4 p.m. DATED: January 4, 2005. CITY OF ELGIN By Dolonna Mecum Liquor Commission Secretary �^ ELGIN LIQUOR CONTROL COMMISSION MEETING ! Conference Room A, South Wing Regular Meeting 4:00 p.m. February 2, 2005 A. Call to Order B. Roll Call C. Approval of Minutes: December 1, 2004 Regular Meeting December 17, 2004 Special Meeting D. Consideration License Application of New Manor Restaurant, Inc. for Class E Liquor License at 555 N. McLean Boulevard r E. Miscellaneous F. Adjournment (r- ELGIN LIQUOR CONTROL COMMISSION MEETING February 2,2005 The meeting was called to order at 4:07 p.m. in Conference Room A of Elgin City Hall. Members present: Commissioners Gilliam and Walters . Absent: Chairman Schock. Appointment of Chairman Pro Tem Commissioner Gilliam made a motion, seconded by Commissioner Walters, to appoint Commissioner Walters Chairman Pro Tem. Yeas: Commissioners Gilliam and Walters. Nays: None. Approval of Minutes Commissioner Gilliam made a motion, seconded by Commissioner Walters, to approve the minutes of the December 1, 2004, regular meeting and the December 17, 2004, special meeting. Yeas: Commissioners Gilliam and Walters. Nays: None. Consideration of Application of New Manor Restaurant, Inc. for Class E Liquor License at 555 N. McLean Boulevard Chairman Pro Tem Walters administered the oath to Luis Arreguin and Carlota Arreguin. Assistant Corporation Counsel Kozal stated that there are a number of code deficiencies with reference to the shopping center in which the above restaurant is located. It has been determined that Luis Arreguin, sole shareholder of the applicant corporation, is not responsible for the property code violations. There is a property maintenance code case pending against the shopping center owner. Mr. Arreguin installed a wall to provide a code compliant second means of egress. The wall does not meet with the approval of the Fire Marshall, and it will be necessary to modify it. Currently there is a lease between the shopping center owner and Luis Arreguin, individually. However, in that the corporation known as New Manor Restaurant, Inc. is the applicant for the liquor license, it will be necessary to have Mr. Arreguin enter into a sublease between himself, individually, and the New Manor Restaurant, Inc. corporation. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to approve the aforesaid application subject to receipt of a sublease as described above and approval by the Fire Marshall of the wall to be modified. Yeas: Commissioners Gilliam and Walters. Nays: None. p Liquor Commission Meeting February 2, 2005 Page 2 Miscellaneous Mr. Kozal gave the Commission a status report regarding the appeal pending before the Illinois Liquor Control Commission regarding Anthony's Restaurant and Jazz Club. In response to Commissioner Gilliam's inquiry, Mr. Kozal stated that he hasn't yet received a copy of the incident report regarding the fight that occurred at JB's Pub over the weekend. He stated that when the report is received, it will be reviewed and if the facts warrant it, a complaint will be before the Liquor Commission. Adjournment Commissioner Gilliam made a motion, seconded by Commissioner Walters, to adjourn the meeting. Yeas: Commissioners Gilliam and Walters. Nays: None. Meeting adjourned at 4:17 p.m. March 2, 2005 fir• Dolonna Mecum, Recording Secretary Date Approved r ELGIN LIQUOR CONTROL COMMISSION MEETING Conference Room A, South Wing Regular Meeting 4:00 p.m. March 2, 2005 A. Call to Order B. Roll Call C. Approval of Minutes—February 2, 2005 D. License Applications 1. Consideration of Application of Streets of Chicago, Inc. for Class A Liquor License for Restaurant/Bar to be Known as Streets of Chicago, 550 S. McLean Boulevard (n/k/a Bookers Backyard) 2. Consideration of Application for Transfer of Corporate Stock from Leng Prathammanon to Gregory A. Hudgens Regarding Pratha Entertainment, Inc., d/b/a Martini Room, 161 East Chicago Street F. Miscellaneous Proposed Amendments to Liquor Code Governing Retail Sale of Alcohol in Licensed Establishments Where Minors May be Present (Materials to be Furnished) G. Adjournment r". ELGIN LIQUOR CONTROL COMMISSION MEETING March 2, 2005 The meeting was called to order at 4:12 p.m. in Conference Room A of Elgin City Hall. Members present: Commissioners Gilliam and Walters. Absent: Chairman Schock. Motion to Appoint Chairman Pro Tem In the absence of Chairman Schock, Commissioner Gilliam made a motion, seconded by Commissioner Walters, to appoint Commissioner Walters Chairman Pro Tem. Yeas: Commissioners Gilliam and Walters. Nay: None. Approval of Minutes Commissioner Gilliam made a motion to approve the minutes of the February 2, 2005, meeting. Yeas: Commissioners Gilliam and Walters. Nays: None. Consideration of Application of Streets of Chicago, Inc. for Class A Liquor License for Restaurant/Bar to be Known as Streets of Chicago, 550 S. McLean Boulevard (n/k/a Bookers Backyard) Sharon Reisler, sole shareholder of the applicant corporation, described her background and experience regarding owning and managing liquor establishments in Schaumburg and Streamwood. She stated that she has not had any code violations at the Schaumburg facility, and she related the circumstances surrounding the violations which occurred at the Streamwood establishments and steps she has taken to prevent reoccurrences. In response to Assistant Corporation Counsel's question regarding whether Dominic Buttitta has any involvement in the proposed establishment, Ms. Reisler stated that Mr. Buttitta is one of the investors in the trust which is purchasing the property. She said that Mr. Buttitta will not be involved in the operation or management of the proposed Streets of Chicago restaurant/bar. Mr. Kozal recommended that consideration of the application be continued to enable him to research the matter and conduct a closer examination regarding the property ownership to determine that Mr. Buttitta will not be able to exert any influence or be involved in the operation of the business to be known as Streets of Chicago. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to schedule a special meeting for March 11, 2005, at 10 a.m. for the purpose of continuing consideration of the application of Streets of Chicago, Inc. Yeas: Commissioners Gilliam and Walters. Nays: None. rk Liquor Commission Meeting March 2, 2005 Page 2 r Consideration of Application for Transfer of Corporate Stock from Leng Prathammanon to Gregory A. Hudgens Regarding Pratha Entertainment, Inc., d/b/a Martini Room, 161 East Chicago Street Applicant, Gregory Hudgens, and his attorney, William Chesbrough, advised the Commission that Mr. Hudgens had been an advisor to Leng Prathammanon, the current sole shareholder of Pratha Entertainment, Inc., regarding the Martini Room's operations. They disagreed regarding management style, and he offered to purchase her interest in the business. Mr. Hudgens stated that he wants to appeal to an older demographic and more closely adhere to the plans which had originally been presented to the Liquor Commission. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to approve the application for transfer of corporate stock. Yeas: Commissioners Gilliam and Walters. Nays: None. Proposed Amendments to Liquor Code Governing Retail Sale of Alcohol in Licensed Establishments Where Minors May be Present Assistant Corporation Counsel Kozal distributed copies of fliers to the Commissioners describing activities which are occurring in Elgin and in other Chicago Metropolitan municipalities whereby the organizers of the events in their marketing material state that persons 18 years and older may enter and those 21 and over can purchase alcohol. Mr. Kozal stated that under the current liquor code minors are not prohibited from being present at Class E licensed establishments without their parents. Although the events are not illegal in Elgin, Mr. Kozal said they create a de facto "teen night" at the bars and may not be in compliance with the City's stance on such events. He presented a proposed ordinance which would close this loophole by prohibiting minors from being present in areas that are primarily for the service of alcohol. Because of the impact to some licensees, he suggested the Commission may want to obtain input from the licensees regarding the proposed change. The Liquor Commission asked that a copy of the proposed ordinance be sent to all licensees and placed on the June Liquor Commission agenda for discussion and consideration. Adjournment Commissioner Gilliam made a motion, seconded by Commissioner Walters, to adjourn the meeting. Yeas: Commissioners Gilliam and Walters. Nays: None. Meeting adjourned at 5:03 p.m. April 6, 2005 Dolonna Mecum, Recording Secretary Date Approved NOTICE OF SPECIAL MEETING Notice is hereby given that the Local Liquor Control Commission will conduct a special meeting on March 11, 2005, at 10 a.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: March 11, 2005 Dolonna Mecum Elgin City Clerk rik ELGIN LIQUOR CONTROL COMMISSION MEETING Conference Room A, South Wing Special Meeting 10 a.m. March 11, 2005 A. Call to Order B. Roll Call C. Continued Consideration of Application of Streets of Chicago, Inc. for Class A Liquor License for Restaurant/Bar to be Known as Streets of Chicago, 550 S. McLean Boulevard D. Adjournment ELGIN LIQUOR CONTROL COMMISSION MEETING March 11, 2005 The special meeting was called to order at 10:12 a.m. in Conference Room A of Elgin City Hall by Chairman Schock. Members present: Commissioner Walters and Chairman Schock. Absent: Commissioner Gilliam. Continued Consideration of Application of Streets of Chicago,Inc. for Class A Liquor License for Restaurant/Bar to be Known as Streets of Chicago, 550 S. McLean Boulevard (n/k/a Bookers Backyard) Applicant Sharon Reisler, Chris Goluba, attorney for the property owner trust, and Rick Heidner, managing agent for the property owner trust/landlord were present. Assistant Corporation Counsel Kozal stated that after the March 2 meeting, he spoke to counsel for the property owner trust, Mr. Goluba, and is satisfied that the owners of the building and land at the above location will not have the ability to affect the operation of the business to be conducted by the licensee, Streets of Chicago, Inc. There is also a provision in the lease which specifically states that the lease is not intended to create the relationship of principal and agent, or of partnership,joint venture, or of any association or relationship between landlord and tenant, the sole relationship between Parkway Bank and Trust and Streets of Chicago, Inc. is that of landlord and tenant. An amended floor plan approved by the Fire Marshall was substituted for the one originally attached to the Application for Liquor License. Commissioner Walters made a motion, seconded by Chairman Schock, to approve the aforesaid application for a Class A liquor license subject to the following conditions: 1) That the license not become effective until the date designated in the "Commencement Date Memorandum" attached as Exhibit B to the January 13, 2005, Building Lease Between Heidner Property Management Company, Inc., as Managing Agent for Parkway Bank and Trust Company, as Trustee, Under a Trust Known as Trust No. 13791, as Landlord, and Streets of Chicago, Inc., an Illinois Corporation, as Tenant; 2) execution by all parties of the lease submitted to the Local Liquor Control Commission in accordance with paragraph 10(b) of the Application for an Alcoholic Liquor License signed and notarized on January 18, 2005; and 3) compliance with all applicable city ordinance provisions. 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 10:27 a.m. &94hesex.Q April 6, 2005 Dolonna Mecum, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION MEETING Conference Room A, South Wing Regular Meeting 4:00 p.m. April 6, 2005 A. Call to Order B. Roll Call C. Approval of Minutes: 1. March 2, 2005, Regular Meeting 2. March 11, 2005, Special Meeting D. License Application of Diamond Double Cee, Inc. for a Class E Liquor License for the Peppermill Restaurant, 802 Villa Street r E. Consideration of Applications for Renewal of Liquor Licenses for the Period May 1, 2005 through April 30, 2006 F. Miscellaneous G. Adjournment ELGIN LIQUOR CONTROL COMMISSION MEETING April 6, 2005 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 and Chairman Schock. Absent: Commissioner Walters. Approval of Minutes Commissioner Gilliam made a motion, seconded by Chairman Schock, to approve the minutes of the March 2, 2005, regular meeting and the March 11, 2005, special meeting. Yeas: Commissioners Gilliam and Chairman Schock. Nays: None. License Application of Diamond Double Cee, Inc. for a Class E Liquor License for the Peppermill Restaurant, 802 Villa Street Charles Campbell was present as sole shareholder and president of Diamond Double Cee, Inc. Corporation Counsel Kozal asked Mr. Campbell several questions regarding term of lease and the articles of incorporation. Chairman Schock stated that normally a class E license is mostly for eating and the floor plan seems to indicate that. Commissioner Gilliam inquired about Mr. Campbell's background in the restaurant business and what changes he plans to make to improve the business. Mr. Campbell responded by stating that in 1973 his mother and father owned and operated a restaurant in Chicago for five years. Since then he's worked for restaurants in his printing business with preparing menus, but has not had an active role inside an actual restaurant. Mr. Campbell also stated that he is looking to serve clientele for dart games, video games, and targeting the 25 to 40 year old age group. He wants to promote a family atmosphere and predicts that more that 50% of the income will be revenue would be from food. Counsel Kozal asked how came up with the figures on the application and Mr. Campbell replied that the figures were based on information that was supplied to him and his attorney from Tom Kanakaris. Commissioner Gilliam asked what role Mr. Kanakaris would have in the day to day operation of the business. Mr. Campbell replied that it is hard to keep Mr. Kanakaris out and that he is "interfering with business". He added that Mr. Kanakaris is technically not the landlord but that his wife Helen Kanakaris is. Corporation Counsel Kozal asked if he knew the bar area wasn't supposed to be used other than for storage. Mr. Campbell said that he has never had a liquor license under his name and wasn't • Liquor Commission Meeting—April 6, 2005 Page 2 aware of the fact that it was to be used for storage only. He has in the past seen it used as a lounge/bar area. Corporation Counsel Kozal said that he is troubled by the fact that Mr. Campbell doesn't have a lot of experience with operating a restaurant and asked if he planned to use a consultant or get training. Mr. Campbell replied that if the liquor license was approved that he would get the necessary training to run the business. Corporation Counsel Kozal also stated that since Mr. Campbell's wife and daughter were listed on the rider to the lease that they would have to get a background checks. Counsel Kozal also brought up the deteriorated parking lot, and that it has been in terrible condition for a long period of time. He would recommend not issuing the liquor license until the parking lot has been repaired. Counsel also outlined several other concerns he has about the application, stating he thinks that it would seem to be operated more like a tavern than a restaurant and because of that it would not qualify for a class E liquor license. Chairman Schock and Commissioner Gilliam agreed with corporation counsel and also noted that the bar area exceeds what seems reasonable for a restaurant. Commissioner Gilliam made a motion, seconded by Chairman Schock, to deny the application for a liquor license to Diamond Double Cee, Inc. for a Class E liquor license for the Peppermill Restaurant, located at 802 Villa Street. Yeas: Commissioners Gilliam and Chairman Schock. Nays: None. Consideration of Applications for Renewal of Liquor Licenses for the Period May 1, 2005 through April 30, 2006 Commissioner Gilliam 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. 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: Akina's Thai Restaurant, 23 S. Grove Avenue Aldi #38, 215 S. Randall Road Aldi #39, 799 Summit Street American Legion, 820 N. Liberty Street Applebee's Neighborhood Grill and Bar, 125 Randall Road Baker Hill Pancake House, 1279 Dundee Avenue Bill's Tap, 260 Brook Street Bowlway Lanes, 810 Villa Street Bubba Mc Duffy's, 1157 Bluff City Boulevard • Liquor Commission Meeting—April 6, 2005 Page 3 Butera Finer Foods, 3 Clock Tower Plaza Café Magdalena, 13 Douglas Avenue The Centre, 100 Symphony Way 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 Fresh Market, 306 S. McLean Elgin Lanes, 401 Shepard Drive Elgin Restaurant & Lounge, 219 E. Chicago Street Elgin Riverside Club, 21 Lincoln Avenue Elgin Turners, 112 Villa Street Estrellas Del Millenium (f/k/a La Movida), 840 N. State Street Great American Family Restaurant, 780 Villa Street Green Jade Restaurant, 10 Tyler Creek Plaza Geno's Fine Wine and Spirits, 300 S. McLean Blvd. Highlands of Elgin, 875 Sports Way Hoppe's Corner, 1075 N. Liberty Street Hunan Garden, 312-A S. McLean Boulevard J.J. Peppers Food Store# 21, 10 S. State Street Jalapeno's Restaurant, 7 Clock Tower Plaza JB's Pub & Pietro's Pizza, 297 S. McLean Boulevard Jimmy's Charhouse, 2290 Pointe Boulevard La Puesta Del Sol, 165 E. Highland Avenue Liberty Liquors, 601 Cooper Avenue Loyal Order of Moose# 799, 70 N. State Street Marlene's Restaurant & Banquets, 50 N. Spring Street Mudd & Eddie's Pub, 302G S. McLean Boulevard Neighborhood Package Liquors, 805 Walnut Avenue Nick's Liquors, 71 Clock Tower Plaza Nick's Pizza& Pub, 990 S. Randall Rd. Noodles and Company, 895 S. Randall Road Northwest Liquors, 995 N. McLean Boulevard Owl's Athletic Club, 214 E. Chicago Street Payless Tobacco and Liquor, 824 S. McLean Boulevard 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 Speedway/Starvin Marvin #7514, 1570 Big Timber Road Stop N Shop, 455 Bluff City Boulevard Streets of Chicago, 550 S. McLean Boulevard Super Saver Food Mart, 776 Walnut Avenue 2 J's Wine & Spirits, 950 E. Chicago Street VFW Post #1307, 1601 Weld Road Liquor Commission Meeting—April 6, 2005 Page 4 Villa Liquors, 695 Villa Street White Hen, 1024 S. McLean Blvd Wing Park Liquors, 571 N. McLean Boulevard LIST B Commissioner Gilliam made a motion, seconded by Chairman Schock, to approve the following renewal applications subject to receipt of the certificate of insurance for the following establishments as indicated below. Yeas: Commissioner Gilliam and Chairman Schock. Nays: None. Acapulco Restaurant, 415 Summit Street Al's Café and Creamery, 43 DuPage Court Osco Drug Store #3291, 1038 Summit Street Osco Drug Store#3313, 1670 Larkin Avenue LIST C Commissioner Gilliam made a motion, seconded by Chairman Schock, to approve the following renewal applications subject to furnishing proof of completion of Bassett certification for the following establishments as indicated below. Yeas: Commissioner Gilliam and Chairman Schock. Nays: None. AJ Food Shop, 275 S. McLean Boulevard Alexander's Restaurant, 1725 N. State Street Azteca De Oro Restaurant, 260 National Street Brighton Lounge at Grand Victoria Casino, 250 S. Grove Avenue Carmina's Restaurant, 1055 N. Randall Road Checkered Flag Pub and Grub, 214 Walnut Avenue Espo's Country Lanes, 11 Woodview Drive Foxhole Pub, 158 Symphony Way Grand Victoria Casino Pavillion &Riverboat 250 S. Grove Avenue Hemmen's Cultural Center(David Pool Concessionaire), 45 Symphony Way Holiday Inn Hotel and Suites/Bennigan's Grill & Tavern Hooper's Sports Bar and Grill, 975 N. McLean Boulevard Jake's Pizza and Pub, 728 W. Chicago Street Lone Star Steakhouse & Saloon, 155 S. Randall Road Mariscos El Amigo 2, 915 Summit Street The Martini Room, 161 E. Chicago Street Meijer#183, 815 S. Randall Road The Mission, 209 E. Chicago St. Olde Towne Inn, 412 Bluff City Boulevard Prairie Rock Brewing Company, 127 S. Grove Avenue Silver Lake Restaurant, 881 S. Randall Road • Liquor Commission Meeting—April 6, 2005 Page 5 LIST D Commissioner Gilliam made a motion, seconded by Chairman Schock, to approve the following renewal applications subject to verification of reinstatement by the Secretary of State as a "corporation in good standing" for the corporation listed below. Yeas: Commissioner Gilliam and Chairman Schock. Nays: None. Gasthaus Zur Linde, 13-15 N. Grove Avenue LIST E All of the necessary documents and fees have been furnished by the following establishments for renewal of the exterior sales permits: Exterior Sales Permit Akina's Thai Restaurant, 23 S. Grove Avenue Al's Café and Creamery, 43 DuPage Court Café Magdalena, 13 Douglas Avenue JB's Pub &Pietro's Pizza, 297 S. McLean Boulevard Lone Star Steakhouse & Saloon, 155 S. Randall Road rbk Marlene's Restaurant & Banquets, 50 N. Spring Street Mudd & Eddie's Pub, 302G S. McLean Boulevard Noodles and Company, 895 S. Randall Road Prairie Rock Brewing Company, 127 S. Grove Avenue LIST F Commissioner Gilliam made a motion, seconded by Chairman Schock, to approve the following Young Adult Night Permit subject to the Police Department approval of the security plan for the corporation listed below. Yeas: Commissioner Gilliam and Chairman Schock. Nays: None. The Mission, 209 E. Chicago St. Miscellaneous NAACP Inquiry Regarding Liquor Application Policies and Procedures Reverend Mike McCall and Charles Bills stated that they are members of the NAACP and are investigating the policies and procedures for obtaining a liquor license in Elgin. Chairman Schock briefly explained that the applicants must meet all of the code requirements outlined in the Illinois state code as well as the Elgin Municipal Code. He also explained that /r. some licenses are restricted in number. City Council approval is required to make any changes to the municipal code. - Liquor Commission Meeting—April 6, 2005 Page 6 In response to Mr. Bills' question regarding why a special liquor license class was created for Anthony's Restaurant and Jazz Club instead of issuing a Class A license, which is what JB's Pub and Hoopers have, Corporation Counsel Kozal stated that it has been the policy of the Liquor Commission the last several years not to issue any new class A licenses. The Class A license is perceived as causing additional problems and more police calls. State Liquor Commission Decision Regarding Anthony's Restaurant and Jazz Club Corporation Counsel Kozal stated that the Illinois Liquor Control Commission issued its decision regarding the appeal filed by Anthony's Restaurant and Jazz Club which states the following: 1. The City's Motion to Dismiss the Appeal from the Stipulation and Agreed Order dated December 1, 2004, is denied. 2. The Stipulation and Agreed Order dated December 1, 2004, is affirmed. 3. The Order of Revocation issued by the Local Liquor Control Commission of the City of Elgin dated December 17, 2004, is modified to a thirty day(30) day suspension. 4. The Licensee, having been closed during the length of the appeal, has satisfied the thirty (30) day suspension. 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 5:23 p.m. ft, September 7, 2005 Dolonna Mecum, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION NOTICE OF RESCHEDULED MEETING Notice is hereby given that the Local Liquor Control Commission has rescheduled its May meeting from May 4 to May 11, 2005, at 5:30 p.m. in the City Council Conference Room (Northeast Corner), North Wing, Elgin City Hall, 150 Dexter Court, Elgin, Illinois. The application of a corporation known as 180 Kimbal, Ltd. for a Class B-1 liquor license for the establishment known as Price Rite Gas and Food located at 180 Kimball Street will be considered at the May 11 meeting. The complete agenda for this rescheduled meeting will be provided at a later date. r DATED: April 29, 2005 Dolonna Mecum Elgin City Clerk ELGIN LIQUOR CONTROL COMMISSION MEETING City Council Conference Room, Northeast Corner of North Wing Rescheduled Regular Meeting 5:30 p.m. May 11, 2005 A. Call to Order B. Roll Call C. Consideration of Application of 180 Kimbal Inc. for Class B-1 Liquor License for Establishment Known as Price Rite Gas and Food, 180 Kimball Street D. Miscellaneous r E. Adjournment ELGIN LIQUOR CONTROL COMMISSION RESCHEDULED MEETING May 11, 2005 The meeting was called to order at 5:43 p.m. in Conference Room A of Elgin City Hall by Chairman Schock. Members present: Commissioner Walters and Chairman Schock. Absent: Commissioner Gilliam. Consideration of Application of 180 Kimbal Inc. for Class B-1 Liquor License for Establishment Known as Price Rite Gas and Food, 180 Kimball Street Three of the four shareholders of the applicant corporation were present including Tomy Thomas, Babu Joseph, and Sibi Kadalimattom. Assistant Corporation Counsel Kozal stated that property owners in the surrounding area of the subject application have expressed concerns regarding the impact of this type of establishment and its close proximity to an existing residential district. In addition, thoughts have been expressed regarding the desirability of bringing the current architectural features of this establishment more in compliance and in keeping with the trend of development in the center city area. Mr. Kozal informed the Commission that with those considerations in mind, he and the applicant consulted with the City's Historic Preservation Specialist to develop exterior site improvements to be completed prior to the end of the current licensing year, which is April 30, 2006. The applicant has agreed to make the improvements set forth in the document entitled "Conditions for Approval of Class B-1 Alcoholic Liquor License for the Premises at 180 Kimball Street, 180 Kimbal, Inc., as Applicant." This document was entered into the record as City's Exhibit 1. It outlines in detail the required exterior site improvements for the property, improvements to the buildings, and improvements related to the signage. This document contains four exhibits, one of which incorporates a site plan and designates the new off-street parking, landscaping in compliance with requirements. There are two other exhibits identifying the improvements to the exterior elevations of the building, including a representation that brick veneer with limestone or cast stone bands and bulkheads would be added to the building. The last exhibit to the document is a proposed rendering of the monument sign which will be established on the premises, upon removal of the two non-conforming signs, as required. The agreement also contains a provision which requires the removal of two payphones located on the exterior property areas and prohibits the establishment of payphones on the premises when a local liquor license has been issued for the premises. Commissioner Walters made a motion, seconded by Chairman Schock, to approve the application for a Class B-1 liquor license to 180 Kimbal Inc. for the establishment known as Price Rite Gas and Food located at 180 Kimball Street subject to conditions listed in the Exhibit 1 (Conditions for Approval of Class B-1 Alcoholic Liquor License for the Premises at 180 Kimball Street,180 Kimbal, Inc. as Applicant), correction of the items listed in the Code Liquor Commission Meeting May 11, 2005 Page 2 Inspection letter dated April 26, 2005, and all other applicable code requirements. Yeas: Commissioner Walters and Chairman Schock. Nays: None. Adjournment Chairman Schock made a motion, seconded by Commissioner Walters, to adjourn the meeting. Yeas: Commissioner Walters and Chairman Schock. Nays: None. Meeting adjourned at 5:57 p.m. September 7, 2005 Dolonna Mecum, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION NOTICE OF CANCELLATION OF MEETING NOTICE IS HEREBY GIVEN that the June 1, 2005, regularly scheduled meeting of the Liquor Control Commission is cancelled. The next meeting is scheduled for July 6, 2005, at 4 p.m. DATED: May 19, 2005. CITY OF ELGIN elk By Dolonna Mecum Liquor Commission Secretary • ELGIN LIQUOR CONTROL COMMISSION NOTICE OF CANCELLATION OF MEETING NOTICE IS HEREBY GIVEN that the July 6, 2005,regularly scheduled meeting of the Liquor Control Commission is cancelled. The next regular meeting is scheduled for August 3, 2005, at 4 p.m. DATED: June 30, 2005. CITY OF ELGIN By Dolonna Mecum Liquor Commission Secretary es► NOTICE OF SPECIAL MEETING Notice is hereby given that the Local Liquor Control Commission will conduct a special meeting on July 13, 2005, at 5:30 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: July 8, 2005 Dolonna Mecum Elgin City Clerk ELGIN LIQUOR CONTROL COMMISSION MEETING Conference Room A, South Wing Special Meeting 5:30 p.m. July 13, 2005 A. Call to Order B. Roll Call C. Consideration of Application for Transfer of Corporate Stock from Thomas M. O'Shaughnessy to Terence J. Vaughn and Robert K. Lee Regarding Brosins, Inc., Holder of Class A Liquor License for Establishment to be known as Woodview Lanes/Cascade Manor(f/k/a Espo's Country Lanes/Cascade Manor), 11 Woodview Drive D. Adjournment rik ELGIN LIQUOR CONTROL COMMISSION SPECIAL MEETING July 13, 2005 The special meeting of the Elgin Liquor Control Commission was called to order at 5:33 p.m. in Conference Room A of Elgin City Hall by Chairman Schock. Members present: Commissioners Walters, and Chairman Schock. Absent: Commissioner Gilliam. Consideration of Application for Transfer of Corporate Stock from Thomas M. O'Shaughnessy to Terence J. Vaughn and Robert K. Lee Regarding Brosins,Inc., Holder of Class A Liquor License for Establishment to be known as Woodview Lanes/Cascade Manor(f/k/a Espo's Country Lanes/Cascade Manor), 11 Woodview Drive Applicants Terence J. Vaughn and Robert K. Lee were present. Assistant Corporation Counsel Kozal stated that code violations outlined in Code Enforcement Officer Larsen's May 17, 2005, letter addressed to the attention of Victor Eckstein at Espo's (entered into the record as City's Exhibit 1) and June 15, 2005, letter addressed to the attention of Terence Vaughn at Espo's (entered into the record as City's Exhibit 2) remain uncorrected. Mr. Kozal asked applicants when they anticipate the code violations being corrected. They responded that they believe all corrections will be made by the end of August 2005, with the exception of repairing the asphalt paving in the vicinity of the dumpsters, which they believes will be completed by the end of September 2005. Mr. Kozal stated that it is also necessary for applicants to apply for and receive a certificate of reoccupancy even when the corporate licensee remains the same so that the City can update the record of ownership/shareholders. It should be noted, that the applications filed are notification to the Liquor Commission that the name of the establishment is being changed from Espo's Country Lanes/Cascade Manor, to Woodview Lanes/Cascade Manor. Commissioner Walters made a motion, seconded by Chairman Schock, to approve the applications for transfer of Thomas M. O'Shaughnessy's shares in Brosins, Inc. to Terence J. Vaughn and Robert K. Lee, subject to the correction of the code violations identified in the previously described Exhibits 1 and 2 no later than August 31, 2005, with the exception of the code violation pertaining to repair of the asphalt paving no later than September 30, 2005. Years: Commissioner Walters and Chairman Schock. Nays: None. Adjournment Councilmember Walters made a motion, seconded by Chairman Schock, to adjourn the meeting. Yeas: Commissioner Walters and Chairman Schock. Nays: None. Meeting adjourned at 5:46 p.m. September 7, 2005 Dolonna Mecum, ecording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION NOTICE OF CANCELLATION OF MEETING NOTICE IS HEREBY GIVEN that the August 3, 2005, regularly scheduled meeting of the Liquor Control Commission is cancelled. The next meeting is scheduled for September 7, 2005, at 4 p.m. DATED: July 28, 2005. CITY OF ELGIN By Dolonna Mecum Liquor Commission Secretary ELGIN LIQUOR CONTROL COMMISSION MEETING Conference Room A, South Wing Regular Meeting 4:00 p.m. September 7, 2005 A. Call to Order B. Roll Call C. Approval of Minutes: 1. April 6, 2005, Regular Meeting 2. May 11, 2005, Rescheduled Regular Meeting 3. July 13, 2005, Special Meeting D. License Applications: Consideration of Application of Shreya Sales Corp. for a Class B-1 Liquor Establishment Known as White Hen Pantry, 1024 S. McLean Boulevard E. Public Hearings Public Hearing Regarding 180 Kimbal, Inc., d/b/a Price Rite Gas and Food, 180 Kimball Street, Holder of Class B-1 Liquor License; Violation on July 13, 2005, of Elgin Municipal Code Section 6.06.140 - Sale of Alcoholic Liquor to a Minor by Agent and Employee of a Licensee F. Miscellaneous G. Adjournment r ELGIN LIQUOR CONTROL COMMISSION MEETING Conference Room A, South Wing Regular Meeting 4:00 p.m. October 5, 2005 A. Call to Order B. Roll Call C. Approval of Minutes—September 7, 2005 D. License Applications: 1. Application of Wing Park Liquor, Inc. for Class B Liquor License for Establishment Known as Wing Park Liquor at 571 N. McLean Boulevard 2. Application of El Comitan, Inc for Class F-1 Liquor License for Restaurant Known as El Comitan at 415 Dundee Avenue E. Continued Public Hearing Regarding 180 Kimbal, Inc., d/b/a Price Rite Gas and Food, 180 Kimball Street, Holder of Class B-1 Liquor License; Violation on July 13, 2005, of Elgin Municipal Code Section 6.06.140 - Sale of Alcoholic Liquor to a Minor by Agent and Employee of a Licensee F. Miscellaneous G. Adjournment ELGIN LIQUOR CONTROL COMMISSION MEETING OCTOBER 5, 2005 The meeting was called to order at 4:17 p.m. in Conference Room A of Elgin City Hall by Chairman Schock. Members present: Commissioner 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 September 7, 2005, meeting. Yeas: Commissioner Walters and Chairman Schock. Nays: None. Application of Wing Park Liquor, Inc. for Class B Liquor License for Establishment Known as Wing Park Liquor at 571 N. McLean Boulevard Commissioner Walters made a motion, seconded by Chairman Schock, to approve the above application, subject to applicant producing an executed Assignment of Lease, payment of fees, and all other conditions as required by the Elgin Municipal Code. Yeas: Commissioner Walters and Chairman Schock. Nays: None. Application of El Comitan, Inc for Class F-1 Liquor License for Restaurant Known as El Comitan at 415 Dundee Avenue Assistant Corporation Counsel Kozal stated that there currently is a sublease between the landlord, Heidner Property Management Company, Inc. and Domingo Pineda Barrerra, sole shareholder of the applicant corporation, El Comitan, Inc. However, the applicant for the liquor license is the corporation known as El Comitan, Inc. Mr. Kozal explained that in order to approve the application, there has to be a sublease between Heidner Property Management Company, Inc. and licensee applicant, Elgin Comitan, Inc. Commissioner Walters made a motion, seconded by Chairman Schock, to approve the above application, subject to applicant producing a sublease for 415 Dundee Avenue between the landlord and El Comitan, Inc. and subject to payment of all fees and conditions as required by the Elgin Municipal Code. Yeas: Commissioner Walters and Chairman Schock. Nays: None. Discussion was held regarding applicant designating the "ethnic"drink to be served in addition to beer and wine. Mr. Pineda was instructed to provide the City Clerk with written notification of which ethnic drink he intends to serve. Clarification was provided regarding the fact that one ethnic drink means a specific drink, such as a marguerite, and not a variety of drinks made with a specific liquor, such as any drink made with tequila. r • Liquor Commission Meeting October 5, 2004 Page 2 Continued Public Hearing Regarding 180 Kimbal, Inc., d/b/a Price Rite Gas and Food, 180 Kimball Street, Holder of Class B-1 Liquor License; Violation on July 13, 2005, of Elgin Municipal Code Section 6.06.140 - Sale of Alcoholic Liquor to a Minor by Agent and Employee of a Licensee Mr. Kozal advised the Commission that Bruce David, attorney for 180 Kimbal, d/b/a Price Rite Gas and Food, is unable to be present today because of a scheduling conflict. He requested that the public hearing be continued to the next liquor commission meeting. At Mr. David's request, Mr. Kozal also prepared and forwarded a proposed stipulation and agreement regarding this matter. Mr. David advised that it is likely 180 Kimbal, Inc. will enter into the stipulation and agreement at the next meeting. Commissioner Walters made a motion, seconded by Chairman Schock, to continue the aforesaid public hearing to the next regular meeting on November 2, 2005. 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 4:42 p.m. ii)6414,1-41 ii/Vedu,s, November 2, 2005 Dolonna Mecum, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION MEETING September 7, 2005 The meeting was called to order at 4:27 p.m. in Conference Room A of Elgin City Hall by Chairman Schock. Members present: Commissioner 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 April 6, 2005, regular meeting, the May 11, 2005, rescheduled meeting, and the July 13, 2005, special meeting. Yeas: Commissioner Walters and Chairman Schock. Nays: None. Consideration of Application of Shreya Sales Corp. for a Class B-1 Liquor Establishment Known as White Hen Pantry, 1024 S. McLean Boulevard Commissioner Walters made a motion, seconded by Chairman Schock, to approve the application of Shreya Sales Corp. for a B-1 liquor license for the White Hen Pantry located at 1024 S. McLean Boulevard, subject to the receipt of a copy of the reoccupancy permit. Yeas: Commissioner Walters and Chairman Schock. Nays: None. Public Hearing Regarding 180 Kimbal, Inc., d/b/a Price Rite Gas and Food, 180 Kimball Street, Holder of Class B-1 Liquor License; Violation on July 13, 2005, of Elgin Municipal Code Section 6.06.140 - Sale of Alcoholic Liquor to a Minor by Agent and Employee of a Licensee Assistant Corporation Counsel Kozal advised the Commission that he had received a call from Attorney Bruce David advising that he had recently been retained to represent the licensee, 180 Kimbal, Inc., with reference to the above. He requested that the public hearing be continued to the October Liquor Commission meeting. Commissioner Walters made a motion, seconded by Chairman Schock, to continue the aforesaid public hearing to the October 5, 2005, Liquor Commission meeting. Yeas: Commissioner Walters and Chairman Schock. Nays: None. Adjournment Commissioner Walters,made a motion, seconded by Chairman Schock, to adjourn the meeting. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. Meeting adjourned at 4:37 p.m. October 7, 2005 Dolonna Mecum, Recording Secretary Date Approved 1 • • ELGIN LIQUOR CONTROL COMMISSION MEETING November 2, 2005 The rescheduled regular meeting was called to order at 3:37 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 Schock, to approve the minutes of the October 5 2005, meeting. Yeas: Commissioner Walters and Chairman Schock. Nays: None. Commissioner Gilliam voted present. Public Hearing Regarding 180 Kimbal, Inc., d/b/a Price Rite Gas and Food, 180 Kimball Street, Holder of Class B-1 Liquor License; Violation on July 13, 2005, of Elgin Municipal Code Section 6.06.140 - Sale of Alcoholic Liquor to a Minor by Agent and Employee of a Licensee Tomy Thomas, secretary, and Sibi Kadalimatton, vice president, of the licensee, 180 Kimbal, Inc., d/b/a Price Rite Gas and Food, Bruce David, and Bradley David, attorneys for the licensee, elibk were present pursuant to the Notice to Appear. Assistant Corporation Counsel Kozal advised the Liquor Commission that settlement discussions have been held, and a proposed a stipulation and agreed order have been negotiated admitting the charges set forth in the complaint dated August 26, 2005. Mr. Kozal stated that this is a new licensee which had received its liquor license approximately 45 days prior to the occurrence. Attorney Bruce David advised the Commission that the employee who sold the liquor to a minor had been given a suspension. Tomy Thomas outlined other steps which have been taken to prevent this from occurring again. All the employees have received BASSET training, they are very concerned and are being extra careful in checking IDs. Further, the owners have had people they know are under the age of 21 years attempt to purchase liquor to test to make sure the employees are checking IDs and are not selling to minors. Commissioner Walters made a motion, seconded by Commissioner Gilliam, to assess a fine of $550 plus costs to be paid within 30 days. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Chairman Schock advised Mr. Thomas and Mr. Kadalimatton that he was very disappointed that no work was done during the entire summer with reference to the required and agreed to improvements which were conditions for approval of their liquor license application. He stated that he will not be willing to renew their license in April 2006 if they haven't made the improvements they agree to. Mr. Thomas and Mr. Kadalimatton assured the Commission that work will commence in the near future. , • Liquor Commission Meeting November 2, 2004 4 Page 2 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 3:45 p.m. A:L 1:L .1 J/ _ January 4, 2006 Dolonna Mecum, R-cor.ing Secretary Date Approved r r ELGIN LIQUOR CONTROL COMMISSION MEETING Conference Room A, South Wing Regular Meeting 3:30 p.m. November 2, 2005 A. Call to Order B. Roll Call C. Approval of Minutes—October 5, 2005 D. Continued Public Hearing Regarding 180 Kimbal, Inc., d/b/a Price Rite Gas and Food, 180 Kimball Street, Holder of Class B-1 Liquor License; Violation on July 13, 2005, of Elgin Municipal Code Section 6.06.140 - Sale of Alcoholic Liquor to a Minor by Agent and Employee of a Licensee E. Miscellaneous F. Adjournment ELGIN LIQUOR CONTROL COMMISSION NOTICE OF CANCELLATION OF MEETING NOTICE IS HEREBY GIVEN that the December 7, 2005, regularly scheduled meeting of the Liquor Control Commission is cancelled. The next meeting is scheduled for January 4, 2006, at 4 p.m. DATED: December 2, 2005. CITY OF ELGIN By Dolonna Mecum Liquor Commission Secretary r