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HomeMy WebLinkAbout2007 Liquor Commission (2) ELGIN LIQUOR CONTROL COMMISSION MEETING Conference Room 208, South Wing Regular Meeting 4:00 p.m. June 6, 2007 A. Call to Order B. Roll Call C. License Applications 1. License Application of Dundee Elgin CVS, L.L.C., d/b/a CVS/Pharmacy#5829 for a Class B Liquor License D. Public Hearings 1. Public Hearing Regarding Fox Hole Pub, Inc. d/b/a The Afterset, at 158 Symphony Way, Holder of Class R-1 Liquor License; Violations occurred on March 10, 2007, March 24, 2007, and April 14, 2007, Licensee Exceeded the Maximum Occupancy Load of the Premises 2. Public Hearing Regarding Azteca De Oro, Inc., d/b/a Azteca De Oro Restaurant, at 260 National Street, Holder of a Class E Liquor License; Violation occurred on April 8, 2007, Licensee's Agent or Employees Sold Alcohol Without Having Completed the Required BASSET Certification or Being Supervised Directly by a BASSET Certified Employee 3. Public Hearing Regarding Bill's Tap, Inc., d/b/a Bill's Tap, at 260 Brook Street, Holder of a Class A Liquor License; Violation occurred on April 14, 2007, Licensee's Agent or Employees Sold Alcohol Without Having Completed the Required BASSET Certification or Being Supervised Directly by a BASSET Certified Employee 4. Public Hearing Regarding Pedro De Lara's, Inc., d/b/a Estrellas Del Millenium, at 840 N. State Street, Holder of a Class A Liquor License; Violations occurred on April 14, 2007, and April 15, 2007, Licensee Permitted Persons Younger than the Age of 21 Years to Remain on the Licensed Premises r Elgin Liquor Control Meeting June 7, 2007 Page 2 D. Public Hearings (Continued) 5. Public Hearing Regarding Hoppe's Corner, Inc., d/b/a Hoppe's Corner at 1075 N. Liberty Street, Holder of Class AA Liquor License; Violation occurred on April 15, 2007, Licensee Permitted Persons to Play Cards on the Premises 6. Public Hearing Regarding Rodriguez Corporation, d/b/a La Quebrada No. 4 Restaurant, at 50 N. Spring Street, Holder of Class E-1 and Class S Liquor Licenses; Violation occurred on April 7, 2007, Sale of Alcoholic Liquor to a Minor by Licensee, and Violation occurred on March 25, 2007, Licensee Sold Alcoholic Liquor to Patrons from Packages Which Did Not Display the Required Canceled Revenue Stamp E. Miscellaneous 1. Consideration of Ordinance Amending the License Classifications in the Elgin Municipal Code Chapter 6.06, Entitled "Alcoholic Liquor Dealers" F. Adjournment r ELGIN LIQUOR CONTROL COMMISSION MEETING June 6, 2007 The meeting was called to order by Chairman Schock at 4:34 p.m. in Conference Room 208, South Wing of Elgin City Hall. Members present: Commissioners Gilliam, Walters, and Chairman Schock. Absent: None. Approval of Minutes—None presented Application of Dundee Elgin CVS, L.L.C., d/b/a CVS Pharmacy#5829 for a Class B Liquor License Commissioner Schock reported that the meetings with the neighborhood groups have still not been scheduled. This item will need to be continued. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to continue the consideration of the application of Dundee Elgin CVS, L.L.C., d/b/a CVS Pharmacy#5829 for a Class B Liquor License. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Public Hearing regarding Fox Hole Pub, Inc., d/b/a The Afterset, at 158 Symphony Way, Holder of Class R-1 Liquor License: Violations on March 10, 2007, March 24,2007, and April 14,2007, Licensee Exceeded the Maximum Occupancy Load of the Premises Robert Smith, counsel for the licensee, was present in accordance with the Notice to Appear. Mr. Smith has asked for additional time to review the evidence regarding the complaint. The City, represented by Assistant Corporation Counsel Kozal, had no objections to continuing the hearing to the next scheduled meeting date. Commissioner Walters made a motion, seconded by Commissioner Gilliam, to continue the Public Hearing regarding Fox Hole Pub, Inc., d/b/a The Afterset, at 158 Symphony Way, Holder of Class R-1 Liquor License, to July 11, 2007. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Public Hearing regarding Azteca De Oro, Inc., d/b/a Azteca De Oro Restaurant, at 260 National Street, Holder of Class E Liquor License; Violation occurred on April 8,20071 Licensee's Agent or Employee Sold Alcohol Without Having Completed the Required BASSET Certification of Being Supervised Directly by a BASSET Certified Employee The Licensee was represented by Sharon O'Hara and she was present in accordance with the Notice to Appear. Ms. O'Hara requested a continuance due to having presented evidence which needs to be reviewed by the City and verified by the Elgin Police Department. Commissioner r Liquor Commission Meeting June 6, 2007 Page 2 r Gilliam made a motion, seconded by Commissioner Walters, to continue the Public Hearing regarding Azteca De Oro, Inc., d/b/a Azteca De Oro Restaurant, at 260 National Street, Holder of Class E Liquor License, to July 11, 2007. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Public Hearing Regarding Bill's Tap, Inc., d/b/a Bill's Tap, at 260 Brook Street, Holder of a Class A Liquor License; Violation occurred on April 14,2007, Licensee's Agent or Employees Sold Alcohol Without Having Completed the Required BASSET Certification or Being Supervised Directly by a BASSET Certified Employee Ms. Lyla Burgess, Vice-President of the corporation, was present in accordance with the Notice to Appear. Ms. Burgess has indicated a willingness to enter into a stipulation and agreed order regarding the allegations in the complaint. Ms. Burgess stated that she had been called by a neighbor who informed her that her dog was out of the dog run. She did leave the premises immediately and did return within approximately fifteen minutes of learning the police were present. The person who was serving during the time Ms. Burgess was gone now has her BASSET training. Ms. Burgess provided a copy of a certificate issued in the name of Deanna Carlton. Commissioner Walters made a motion, seconded by Commissioner Gilliam, to assess a fine of$500 plus costs to be paid within thirty days. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Public Hearing Regarding Pedro De Lara's, Inc., d/b/a Estrellas Del Millenium, at 840 N. State Street,Holder of a Class A Liquor License; Violations occurred on April 14, 2007, and April 15,2007, Licensee Permitted Persons Younger than the Age of 21 Years to Remain on the Licensed Premises Donna De Lara, president of the corporation, and Gabino Acosta, the manager, for Estrellas Del Millenium were present in accordance with the Notice to Appear. Assistant Corporation Counsel Kozal advised the Commission that he had conferred with Ms. De Lara and Mr. Acosta, and that they were willing to enter a"blind plea". Ms. De Lara addressed the Commission and indicated they were not aware that minors could not be present on the premises while liquor was being served. She indicated that once they became aware of this, minors have no longer been allowed to be on the premises. Assistant Corporation Counsel Kozal indicated conversations have been held with the representatives of the establishment going back to 1998. He also mentioned that his experience in dealing with Ms. De Lara is that she has been a straight forward and upfront operator. Commissioner Walters said that he was appalled that five minors had blood alcohol levels and felt a heavy fine was in order. Commissioner Walters made a motion, seconded by Commissioner Gilliam, to asses a fine of$2,000 plus costs to be paid within thirty days. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. . Liquor Commission Meeting June 6, 2007 Page 3 After the vote, Chairman Schock indicated the City would work with the establishment to possibly change the license type to allow live entertainment. Assistant Corporation Counsel Kozal also indicated that the establishment was willing to modify its floor plan to keep minors separate from the area where liquor is served. He also mentioned that the floor plans could be approved as soon as the next meeting. Public Hearing Regarding Hoppe's Corner, Inc., d/b/a Hoppe's Corner at 1075 N. Liberty Street,Holder of Class AA Liquor License; Violation occurred on April 15, 2007, Licensee Permitted Persons to Play Cards on the Premises Thomas Hoppe, the corporate president of Hoppe's Corner, located at 1075 North Liberty Street, was present in accordance with the Notice to Appear. Assistant Corporation Council Kozal advised the Commission that the City had pre-tried this matter with Mr. Hoppe and that Mr. Hoppe is willing to enter a stipulation and agreed order. Mr. Hoppe addressed the Commission stating the he was not aware that card playing was against the City Code. He did state that no money was ever involved and that it was just for fun. Assistant Corporation Counsel Kozal added that there was no evidence that money had been involved. He will also contact other communities to determine whether this is something that is rk still being enforced in other communities. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to assess a fine of $100 plus costs to be paid within thirty days. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Public Hearing Regarding Rodriguez Corporation, d/b/a La Quebrada No. 4 Restaurant at 50 N. Spring Street, Holder of Class E-1 and Class S Liquor Licenses; Violation occurred on April 7,2007, Sale of Alcoholic Liquor to a Minor by Licensee, and Violation occurred on March 25, 2007, Licensee Sold Alcoholic Liquor to Patrons from Packages Which Did Not Display the Required Canceled Revenue Stamp Umberto Rodriguez, president of the corporation known as La Quebrada No. 4 Restaurant, located at 50 N. Spring Street, and William Chesbrough, counsel for the licensee, were in present in accordance with the Notice to Appear. Assistant Corporation Counsel Kozal advised the Commission that the City had the opportunity to have a pre-trial regarding this complaint and that Mr. Rodriguez has agreed to a stipulation and agreed order in regards to the complaint of sale of alcohol to a minor. During the pre-trail information was presented to the City regarding the purchase of liquor from an unauthorized beverage seller indicating the City may have difficulty in moving up that particular allegation. The City is recommending that the Commission consider accepting the stipulation and agreed "'' order with the single count of selling alcohol to a minor. . Liquor Commission Meeting June 6, 2007 Page 4 Mr. Chesbrough advised the Commission that Mr. Rodriguez does stress to his employees to check identification, but he is stipulating to that charge. Commissioner Walters made a motion, seconded by Commissioner Gilliam, to assess a fine of $1,000 plus costs to be paid within thirty days. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Chairman Schock cautioned Mr. Rodriguez that the Commission would consider very seriously the charge of selling alcohol without the required canceled revenue stamp. Consideration of Ordinance Amending the License Classifications in the Elgin Municipal Code Chapter 6.06, Entitled "Alcoholic Liquor Dealers" Assistant Corporation Counsel Kozal summarized the proposed changes to three different license classifications (Class G, Class K-1, and Class L), creates some additional offenses by licensees, and then some technical amendments. The change to the Class G license, commonly known as the golf course license, would reference The Highlands of Elgin rather than Spartan Meadows Golf Course and also makes provisions for the Bowes Creek Golf Course. It also would eliminate the prohibition of limiting sales to only beer and wine. This is due in part to the fact that banquets would be held at both the Highlands and Bowes Creek club houses. The creation of the Class K-1 license is prompted by the aggressive marketing occurring for the sports complex and Festival Park. This would eliminate the City having to be involved in the event. This license will not require a notice or a hearing before the Commission before each event would be conducted. It would give the Chairman the discretion to determine whether the serving of liquor at the event was proper or not. The first check, though, would be in the Parks & Recreation Department. This license will also provide the Chairman with the ability to make a determination whether the sale of alcohol at any event should be limited to beer and wine or the full panel of alcoholic liquor. Randy Reopelle used the examples of Boys and Girls Club or Decapalooza as events in which the City would not be involved. Assistant Corporation Counsel Kozal also mentioned that a security plan submitted to the Chief of Police would be required for any event. Commissioner Walters mentioned and Assistant Corporation Counsel Kozal confirmed that liquor cannot be served at Lords Park Pavilion. This is due to the restriction in the deed. Mr. Kozal will do research on both Lords Park and Wing Park to see if any restrictions could be removed. Mr. Reopelle informed the Commission that 60-70 teams will be participating in a softball tournament, with 90% of the teams from out-of-state, for six days in August. To be competitive and to get this group,the usage fees were waived. The ability to serve beer and wine will help make up for this loss of fees. • . Liquor Commission Meeting June 6, 2007 Page 5 r Mr. Reopelle also mentioned that the Illinois Wine Growers Association is looking for a place to hold its annual convention and their representatives have recently visited Elgin. Assistant Corporation Counsel Kozal suggested eliminating the Class L license as it was created for one particular organization and it is no longer needed. Assistant Corporation Counsel Kozal then discussed the adding of offenses by licensees. It appears that a number of restaurants "morph" into de facto night clubs where the kitchen is shut down, alcohol is being served, and the patrons on the premises are not limited to those over the age of 21. There is no expressed prohibition to this under the E License classification. The proposed amendment would state that any time an establishment holding an"E" license is not serving full meals on the premises, no one under the age of 21 would be allowed on the property unless they were working there or with a parent/guardian. Assistant Corporation Counsel Kozal has worked with Deputy Chief Robert Beeter to find a solution to this problem The remaining items were technical. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to recommend to the City Council approval of the modifications to the Liquor Ordinance. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. r" 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 5:17 p.m. Afir / August 8. 2007 Je •• er Quiff, on, Recording Secretary Date Approved r r ELGIN LIQUOR CONTROL COMMISSION NOTICE OF CANCELLATION OF MEETING NOTICE IS HEREBY GIVEN that the July 11, 2007, regularly scheduled meeting of the Liquor Control Commission is cancelled. The next meeting is scheduled for August 1, 2007, at 4 p.m. DATED: July 6, 2007. CITY OF ELGIN By Diane Robertson Liquor Commission Secretary r ELGIN LIQUOR CONTROL COMMISSION NOTICE OF CANCELLATION OF MEETING NOTICE IS HEREBY GIVEN that the August 1, 2007, regularly scheduled meeting of the Liquor Control Commission is cancelled. The next meeting is scheduled for August 8, 2007, at 4 p.m. DATED: July 27, 2007. CITY OF ELGIN By Diane Robertson Liquor Commission Secretary r /►� ELGIN LIQUOR CONTROL COMMISSION [ RESCHEDULED MEETING Conference Room 208, South Wing Rescheduled Meeting 4:00 p.m. August 8, 2007 A. Call to Order B. Roll Call C. Approval of Minutes—June 6, 2007 D. License Applications 1. License Application of Dundee Elgin CVS, L.L.C., d/b/a CVS/Pharmacy#5829 for a Class B Liquor License, located at 500 Dundee Avenue 2. License Application of Elgin Fruit Market, Ltd., d/b/a Elgin Fruit Market for a Class B1 plus tequila Liquor License, located at 822 Summit Street 3. License Application of Joo International, Inc., d/b/a Royal Liquor& Wine for a Class B Liquor License, located at 1015A N. Randall Road 4. License Application of Elgin Bar Group Inc., d/b/a Streets of Chicago for a Class U Liquor License, located at 550 S. McLean Boulevard E. Public Hearings 1. Public Hearing Regarding Fox Hole Pub, Inc. d/b/a The Afterset, at 158 Symphony Way, Holder of Class R-1 Liquor License; Violations occurred on March 10, 2007, March 24, 2007, and April 14, 2007, Licensee Exceeded the Maximum Occupancy Load of the Premises 2. Public Hearing Regarding Azteca De Oro, Inc., d/b/a Azteca De Oro Restaurant, at 260 National Street, Holder of a Class E Liquor License; Violation occurred on April 8, 2007, Licensee's Agent or Employees Sold Alcohol Without Having Completed the Required BASSET Certification or Being Supervised Directly by a BASSET Certified Employee F. Miscellaneous r G. Adjournment ELGIN LIQUOR CONTROL COMMISSION RESCHEDULED MEETING AUGUST 8,2007 The rescheduled meeting of the Elgin Liquor Commission was called to order by Chairman Schock at 4:05 p.m. in Conference Room 208, South Wing of Elgin City Hall. Members present: Commissioners Walters and Chairman Schock. Absent: Commissioner Gilliam. Approval of Minutes Commissioner Walters made a motion, seconded by Commissioner Schock, to approve the minutes of the June 6, 2007, meeting. Yeas: Commissioners Walters and Chairman Schock. Nays: None. License Applications 1. License Application for Dundee Elgin CVS, L.L.C., d/b/a CVS Pharmacy#529 for a Class B Liquor License, located at 500 Dundee Avenue Assistant Corporation Counsel Kozal reviewed the application for the Commission. He indicated that there had been a successful meeting between the representatives of the neighborhood and CVS and that there was agreement on the following stipulations for the issuance of a B-1 Liquor License: • There would be no exterior signage on the outside of the premises advertising the sale of liquor. • There would no sales of single serving containers of beer. This would include 40 ounce containers. Beer sales will be limited to packages of six-packs or more. • Only three coolers will be used for the placement of cold product. • There will be a run of shelf space that is 16 feet long and 5 feet tall for warm product. • The floor space devoted to the sale of alcohol will be less than 3% of the total floor space of the facility. The CVS representative, Mr. Ruby, confirmed there was agreement on each of the above. Assistant Corporation Counsel Kozal indicated that the floor plan was still due from CVS Pharmacy. Chairman Schock commended CVS Pharmacy and the Summit Park neighborhood group for their willingness to work together to find solutions in the best interests of all the parties involved. Commissioner Walters also expressed his appreciation. Commissioner Walters made a motion, seconded by Chairman Schock, to approve the application of CVS Pharmacy for a Class B-1 Liquor License subject to the stipulations plus Liquor Commission Meeting August 8, 2007 Page 2 the receipt of the site plan. Yeas: Commissioners Walters and Chairman Schock. Nays: None. 2. License Application of Elgin Fruit Market, Ltd., d/b/a Elgin Fruit Market for a Class B1 plus tequila Liquor License, located at 822 Summit Street No representative of the applicant was present. Commissioner Walters made a motion, seconded by Chairman Schock, to table consideration of the license application of Elgin Fruit Market Ltd., d/b/a Elgin Fruit Market for a Class B1 plus tequila Liquor License. Yeas: Commissioners Walters and Chairman Schock. Nays: None. 3. License Application of Joo International, Inc., d/b/a Royal Liquor& Wine for a Class B Liquor License, located at 1015A N. Randall Road Assistant Corporation Counsel Kozal introduced William Chesbrough who is representing the applicants, James and Aesson Hong. Mr. Chesbrough confirmed that copy shown by Assistant Corporation Counsel Kozal was a true and correct copy of the application that was submitted, that Joo International, Inc. was in good standing with the State of Illinois, that the lease copy was a true and correct copy, and that the applicants were also the owners of the property. Assistant Corporation Counsel Kozal indicated there was no negative information in the background investigation and that there were no code issues. James and Aesson Hong confirmed that it was their signatures on the application. Commissioner Walters made a motion, seconded by Chairman Schock, to approve the license application subject to all normal stipulations of Joo International, Inc., d/b/a Royal Liquor& Wine for a Class B Liquor License, located at 1015A N. Randall Road. Yeas: Commissioners Walters and Chairman Schock. Nays: None 4. License Application of Elgin Bar Group Inc., d/b/a Streets of Chicago for a Class U Liquor License, located at 550 S. McLean Boulevard Assistant Corporation Counsel Kozal indcated that the City Clerk's Office had received a request from a representative of the corporate applicant, Mike Bauer, asking that the Commission table the consideration of their application. Commissioner Walters made a motion, seconded by Chairman Schock, that consideration of the license application of Elgin Bar Group Inc., d/b/a Streets of Chicago, for a Class U Liquor License be tabled until the next regularly scheduled meeting. Yeas: Commissioners Walters and Chairman Schock. Nays: None. Public Hearings 1. Public Hearing Regarding Fox Hole Pub, Inc. d/b/a The Afterset, at 158 Symphony Way, Holder of Class R-1 Liquor License; Violations occurred on March 10, 2007, March 24, 2007, and April 14, 2007, Licensee Exceeded the Maximum Occupancy Load of the Liquor Commission Meeting August 8, 2007 Page 3 Premises Assistant Corporation Counsel Kozal reviewed the complaint for the Commission. Mr. Smith was present on behalf of the licensee. Assistant Corporation Counsel Kozal indicated that he and Mr. Smith were not able to schedule time with the police officer on the third shift to review the video tape. Mr. Smith requested a copy of the tape at their expense and Deputy Chief Beeter indicated that he would see that a copy was provided. Commissioner Walters made a motion, seconded by Chairman Schock, to continue the Public Hearing regarding the Fox Hole Pub, d/b/a The Afterset, to the next regularly scheduled meeting. Yeas: Commissioners Walters and Chairman Schock. Nays: None. 2. Public Hearing Regarding Azteca De Oro, Inc., d/b/a Azteca De Oro Restaurant, at 260 National Street, Holder of a Class E Liquor License; Violation occurred on April 8, 2007, Licensee's Agent or Employees Sold Alcohol Without Having Completed the Required BASSET Certification or Being Supervised Directly by a BASSET Certified Employee Assistant Corporation Counsel Kozal recommended that the complaint be dismissed due to a misunderstanding whether the BASSET card should be on the person while they are working. It has since been determined that the manager did have a license. Commissioner Walters made a motion, seconded by Chairman Schock, to dismiss the complaint regarding Azteca De Oro, Inc., d/b/a Azteca De Oro Restaurant, at 260 National Street, Holder of a Class E Liquor License; Violation occurred on April 8, 2007, Licensee's Agent or Employees Sold Alcohol Without Having Completed the Required BASSET Certification or Being Supervised Directly by a BASSET Certified Employee. Yeas: Commissioners Walters and Chairman Schock. Nays: None. Miscellaneous 1. Thomas Hoppe of Hoppe's Tap provided information to the Commission regarding other municipalities allowing card playing not involving money. Assistant Corporation Counsel Kozal advised that there are as many municipalities that allow it as those that prohibit it. It was the consensus of the Commission to instruct City Manager Folarin to have the Legal and Police Department review the ordinance. 2. Commissioner Walters indicated that he would like to see a ban on the sale of single 40 ounce cans and bottles of beer for carry out from all establishments. Assistant Corporation Counsel Kozal will present some proposals for consideration by the Commission. 3. Recording Secretary Diane Robertson advised the Commission that the check issued for the $650 fine levied against Bill's Tap at the June, 2007, meeting bounced. Assistant Corporation Counsel Kozal stated that a letter was been sent by the Legal Department and that Bill's Tap missed the second payment date. It was the consensus of the Commission that Liquor Commission Meeting August 8, 2007 Page 4 another letter should be sent requesting cash or certified check before the September meeting. If this has not been received by that time, charges will be brought for failure to pay the fine. 4. Jill Hoppe asked the Commission about the new State smoking ban and what the provisions were. Fire Marshall Rich Dunne indicated that the only exception he was aware of was for a business whose tobacco sales were 80% or more of the total sales. Chairman Schock advised that the City had not yet received a copy of the signed bill. 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. September 5, 2007 Diane Robertson, Re rding Secretary Date Approved emb- ELGIN LIQUOR CONTROL COMMISSION MEETING Conference Room 208, South Wing Regular Meeting 4:00 p.m. September 5, 2007 A. Call to Order B. Roll Call C. Approval of Minutes—August 8, 2007 D. License Applications 1. Application of Elgin Fruit Market, Ltd., d/b/a Elgin Fruit Market for a Class B-1 plus tequila Liquor License, located at 822 Summit Street (must be removed from table) rik 2. License Application of Elgin Bar Group Inc., d/b/a Streets of Chicago for a Class U Liquor License, located at 550 S. McLean Boulevard E. Public Hearings 1. Public Hearing Regarding Fox Hole Pub, Inc. d/b/a The Afterset, at 158 Symphony Way, Holder of Class R-1 Liquor License; Violations occurred on March 10, 2007, March 24, 2007, and April 14, 2007, Licensee Exceeded the Maximum Occupancy Load of the Premises F. Miscellaneous 1. Bill's Tap—returned check for$650 2. Pending violations against various licensees G. Adjournment ELGIN LIQUOR CONTROL COMMISSION MEETING SEPTEMBER 5,2007 The meeting was called to order by Chairman Schock at 4:30 p.m. in Conference Room 208, South Wing of Elgin City Hall. Members present: Commissioner 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 August 8, 2007, meeting. Yeas: Commissioner Gilliam and Chairman Schock. Nays: None. License Applications Application of Elgin Fruit Market, Ltd., d/b/a Elgin Fruit Market for a Class B-1 plus tequila Liquor License, located at 822 Summit Street Commissioner Gilliam made a motion, seconded by Chairman Schock, to remove the item from the table. Yes: Commissioner Gilliam and Chairman Schock. Nays: None Assistant Corporation Counsel Kozal introduced Bob Tzotzolis, secretary of the corporation, who indicated that he had reviewed the documents and affirmed that all were true and accurate. Assistant Corporation Counsel Kozal asked that a copy of the Liquor License of Elgin Fruit Market, LTD be entered into the records as Exhibit No. 1 and this was so ordered. Assistant Corporation Counsel Kozal advised that there was no negative information received from the background check. However, several conditions were suggested by Assistant Corporation Counsel Kozal : 1)the removal of a non-conforming sign; 2) no advertising of liquor on the exterior of the building; 3) no sales of single serving containers; and 4) a$1,750 license fee for the Class B-1 license. Commissioner Gilliam made a motion, seconded by Chairman Schock,to create a Class B-1 plus License and to approve the application of Elgin Fruit Market, Ltd., d/b/a Elgin Fruit Market subject to the above conditions. Yes: Commissioner Gilliam and Chairman Schock. Nays: None License Application of Elgin Bar Group Inc., d/b/a Streets of Chicago for a Class U Liquor License, located at 550 S. McLean Boulevard Assistant Corporation Counsel Kozal advised that the Clerk's Office had received a verbal request from the applicant to remove this item from consideration and that the applicant was asked to submit this request in writing. A letter will be drafted to the applicant stating that if a response is not received by a certain date, the application will not be approved by the Commission. r Liquor Commission Meeting September 5, 2007 Page 2 Commissioner Gilliam made a motion, seconded by Chairman Schock, to continue the license application of Elgin Bar Group, Inc., d/b/a Streets of Chicago for a Class U Liquor License until the next regularly scheduled meeting of the Liquor Commission. Yes: Commissioner Gilliam and Chairman Schock. Nays: None Miscellaneous 1. Bill's Tap—returned check for$650 This check was satisfied today,just prior to the start of the Liquor Commission meeting. 2. Pending violations against various licensees During a recent compliance check conducted by the Elgin Police Department, Mejier's and JJ Pepper's were found to be in violation. The Commission will be asked to hear complaints against both businesses for selling alcohol to minors at the next Liquor Commission meeting. In addition, Bill's Tap allegedly had no one on the premises with a BASSETT license. This may also be brought to the Commission's attention next month. Commissioner Gilliam made a motion, seconded by Chairman Schock to briefly recess. Yes: Commissioner Gilliam and Chairman Schock. Nays: None The meeting was recessed at 4:45 p.m. The meeting was resumed at 4:58 p.m. Public Hearings Public Hearing Regarding Fox Hole Pub, Inc. d/b/a The Afterset, at 158 Symphony Way, Holder of Class R-1 Liquor License; Violations occurred on March 10, 2007, March 24, 2007, and April 14, 2007, Licensee Exceeded the Maximum Occupancy Load of the Premises The licensee was represented by its counsel, Robert W. Smith. Assistant Corporation Counsel Kozal presented to the Council a stipulation and agreed order regarding the complaint. The City is recommending that no action be taken regarding the complaint; however, there is recognition that in the event there is ever an allegation regarding occupancy on the property, the Commission will be entitled to impose a fine in the amount of$2,000 for any such violation. Mr. Smith agreed to the stipulation. Commissioner Gilliam expressed a concern about the ability to impose a larger fine and it was clarified that this stipulation only applied to a single occupancy complaint, not to any other more serious violations. Commissioner Gilliam made a motion, seconded by Chairman Schock, to approve the stipulation and agreed order regarding the e' complaint against the Fox Hole Pub, Inc. d/b/a The Afterset, at 158 Symphony Way, Holder of Class R-1 Liquor License; Violations occurred on March 10, 2007, March 24, 2007, and April • i Liquor Commission Meeting ` September 5, 2007 Page 3 r 14, 2007, Licensee Exceeded the Maximum Occupancy Load of the Premises. Yes: Commissioner Gilliam and Chairman Schock. Nays: None Adjournment Commissioner Gilliam made a motion, seconded by Chairman Schock, to adjourn the meeting. Yeas: Commissioner Gilliam and Chairman Schock. Nays: None. Meeting adjourned at 5:05 p.m. �xt ,,..._ - $ 5'L�z - .�, October 3, 2007 Diane Robertson, R cording Secretary Date Approved r r • ELGIN LIQUOR CONTROL COMMISSION MEETING Conference Room 208, South Wing Regular Meeting 4:00 p.m. October 3, 2007 A. Call to Order B. Roll Call C. Approval of Minutes—September 5, 2007 D. License Applications 1. Application of Mel's Pizza, Inc. for a Class F Liquor License for Mel's Pizza located at 728 W. Chicago Avenue 2. Application of Loyal Order of Moose#799 for a Class C Liquor License for Loyal Order of Moose #799 located at 925 S. McLean Boulevard. 3. Application of Elgin Bar Group, Inc. for a Class U Liquor License for Streets of Chicago located at 550 S. McLean Boulevard (Must be removed from table) E. Public Hearings 1. Public Hearing regarding Green Jade Restaurant, Inc., d/b/a/ Green Jade Chinese Restaurant, 10 Tyler Creek Plaza, Holder of Class A Liquor License; Violation on August 10, 2007, of Elgin Municipal Code Chapter 6.06 entitled"Alcoholic Liquor Dealers,"—Sale of Alcoholic Liquor to a Minor by Licensee's Agent and Employees. 2. Public Hearing regarding 2 South State Street, Inc., d/b/a J.J. Peppers Food Store,2 South State Street, Holder of Class B-1 Liquor License; Violation on J, 2007, of Elgin Municipal Code Chapter 6.06 entitled "Alcoholic Liquor Dealers,"—Sale of Alcoholic Liquor to a Minor by Licensee's Agent and Employees. 3. Public Hearing regarding Meijer Great Lakes Limited Partnership, d/b/a Meijer Store No. 183, 815 South Randall Road, Holder of Class B Liquor License; Violation on July 22, 2007, of Elgin Municipal Code Chapter 6.06 entitled "Alcoholic Liquor Dealers,"— Sale of Alcoholic Liquor to a Minor by Licensee's Agent and Employees. 4. Public Hearing regarding Valley Pizza, Inc., d/b/a Jake's-Pizza and Pub, 728 West Chicago Street, Holder of Class F Liquor License; Violation on August 9, 2007, of Elgin Municipal Code Chapter 6.06 entitled "Alcoholic Liquor Dealers,"--Sale of Alcoholic Liquor to a Minor by Licensee's Agent and Employees. r 5. Public Hearing regarding Bill's Tap, Inc. d/b/a Bill's Tap, 260 Brook Street, Holder of Class A Liquor License; Violation on April 14, 2007, of Elgin Municipal Code Chapter 6.06 entitled "Alcoholic Liquor Dealers,"—Sale of Alcoholic Liquor to a Minor by Licensee's Agent and Employees. F. Miscellaneous G. Adjournment r ELGIN LIQUOR CONTROL COMMISSION MEETING October 3,2007 The meeting was called to order by Chairman Schock at 4:31 p.m. in Conference Room 208, South Wing of Elgin City Hall. 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 September 5, 2007, meeting. Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. Application of Mel's Pizza, Inc. for a Class F Liquor License for Mel's Pizza located at 728 W. Chicago Avenue(formerly known as Jake's Pizza) Assistant Corporation Counsel Kozal stated that this was simply a transfer of ownership from one corporation(Valley Pizza, Inc.) to a newly formed corporation (Mel's Pizza, Inc.) in order for the owner, Melanie Wallenborn, to disengage from the franchise agreement and name of Jake's Pizza. The name of the business will be changed from Jake's Pizza to Mel's Pizza and the ownership will remain the same. Melanie Wallenbom and her attorney Jonathan Rogers were both present to answer questions. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to approve the application of Mel's Pizza, Inc., located at 728 W. Chicago Avenue. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Application of Loyal Order of Moose#799 for a Class C Liquor License for Loyal Order of Moose#799 located at 925 S. McLean Boulevard. Assistant Corporation Counsel Kozal stated that everything in the application was in order. Attorney Kozal stated that the Loyal Order of Moose #799 was simply relocating from their location on 70 N. State Street to 925 S. McLean Boulevard. Tim Chamberlain was present to answer questions regarding the application. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to approve the license application for the Loyal Order of Moose #799 located at 925 S. McLean Boulevard. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Liquor Commission Meeting October 3, 2007 Page 2 Application of Elgin Bar Group, Inc. for a Class U Liquor License for Streets of Chicago located at 550 S. McLean Boulevard Assistant Corporation Counsel Kozal stated that the applicant notified the City Clerk's office of the desire to withdraw their application at this time via telephone. A letter was sent to confirm the conversation on September 7, 2007, which is being entered on file as an exhibit to their file. At this time, Assistant Corporation Counsel Kozal is recommending denial of a Class U license to the Elgin Bar Group, Inc. as a matter of process. Councilmember Gilliam made a motion, seconded by Councilmember Walters,to remove the application of the Elgin Bar Group, Inc. from the table for consideration. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Councilmember Walters made a motion, seconded by Councilmember Gilliam, to approve the application of Elgin Bar Group, Inc. for a Class U liquor license for the Streets of Chicago located at 550 S. McLean Boulevard. Yeas: None. Nays: Commissioners Gilliam, Walters, and Chairman Schock. Public Hearing regarding Green Jade Restaurant, Inc., d/b/a/Green Jade Chinese Restaurant, 10 Tyler Creek Plaza, Holder of Class A Liquor License; Violation on August 10,2007, of Elgin Municipal Code Chapter 6.06 entitled "Alcoholic Liquor Dealers,"—Sale of Alcoholic Liquor to a Minor by Licensee's Agent and Employees. Assistant Corporation Counsel Kozal stated that during the pre-trial proceedings the Green Jade Restaurant owner, Sunny Ang, has agreed to a stipulated fine and order of$250 dollars for the sale of alcohol to a minor by her employee on August 10, 2007, during an Elgin Police Department sting. Ms. Ang was given the opportunity to explain her employee's actions and she stated that her employee made a mistake. He recognized the police officer on the sting and believed that because the young girl was with the officer that she was of legal drinking age. She stated that the employee is extremely sorry about the incident and that all of the employees are carding everyone now regardless of recognizing the individual. Assistant Corporation Counsel Kozal stated that the Green Jade Chinese Restaurant has no previous violations and that the police report on file corroborates Ms. Ang's explanation. He recommended that the commission approve the agreed upon order and stipulated fine. Commissioner Gilliam made a motion, seconded by Chairman Schock, to assess a fine of$250 to be paid within 30 days. Yeas: Commissioners Gilliam, and Chairman Schock. Nays: None. Commissioner Walters abstained due to a conflict of interest. Public Hearing regarding 2 South State Street, Inc., d/b/a J.J. Peppers Food Store,2 South State Street,Holder of Class B-1 Liquor License; Violation on J,2007, of Elgin Municipal Code Chapter 6.06 entitled "Alcoholic Liquor Dealers,"—Sale of Alcoholic Liquor to a Minor by Licensee's Agent and Employees. r • Liquor Commission Meeting October 3, 2007 Page 3 Assistant Corporation Counsel Kozal stated that during the pre-trial proceedings J.J. Peppers Food Store owner, John Deruse, has agreed to a stipulated fine and order of$1000 dollars for the sale of alcohol to a minor by his employee on July 22, 2007, during an Elgin Police Department sting. Mr. Denise explained that he has an extremely high turn-over rate for staff and is constantly training new employees. He stated that the store has signs posted in several locations within the store and that his employees feel intimidated by some of the clientele that frequent his establishment. He stated that he is doing the best he can and has provided his employees with his cell number so that he can deal directly with any difficult customers so that this incident is not repeated. Assistant Corporation Counsel Kozal stated J.J. Peppers Food Store has had previous violations, but that was during the previous owners time period. He recommended that the commission approve the agreed upon order and stipulated fine. Commissioner Gilliam made a motion, seconded by Chairman Schock, to assess a fine of$1000 to be paid within 30 days. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Public Hearing regarding Meijer Great Lakes Limited Partnership, d/b/a Meijer Store No. 183,815 South Randall Road, Holder of Class B Liquor License; Violation on July 2Z 2007, of Elgin Municipal Code Chapter 6.06 entitled `Alcoholic Liquor Dealers,"—Sale of Alcoholic Liquor to a Minor by Licensee's Agent and Employees. ruk Assistant Corporation Counsel Kozal stated that he has been in contact with a representative of Meijer Store No. 183 and that they received the notice of hearing late. He recommended that the commission continue the public hearing to the next meeting. Councilmember Gilliam made a motion, seconded by Councilmember Walters, to continue the public hearing regarding Meijer Store No. 183 until the next Liquor Commission meeting to be held on November 7, 2007. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. Public Hearing regarding Valley Pizza, Inc., d/b/a Jake's Pizza and Pub, 728 West Chicago Street, Holder of Class F Liquor License; Violation on August 9,2007, of Elgin Municipal Code Chapter 6.06 entitled "Alcoholic Liquor Dealers,"—Sale of Alcoholic Liquor to a Minor by Licensee's Agent and Employees. Assistant Corporation Counsel Kozal stated that he recommends that the commission continue the public hearing for Jake's Pizza until the next Liquor Commission meeting in order for him to speak with Melanie Wallenborn's attorney regarding the violation on August 9, 2007. Councilmember Gilliam made a motion, seconded by Councilmember Walters, to continue the public hearing regarding Jake's Pizza until the next Liquor Commission meeting to be held on November 7, 2007. Yeas: Commissioners Gilliam, Walters, and Chairman Schock. Nays: None. r Liquor Commission Meeting October 3, 2007 Page 4 Public Hearing regarding Bill's Tap,Inc. d/b/a Bill's Tap,260 Brook Street, Holder of Class A Liquor License; Violation on April 14,2007, of Elgin Municipal Code Chapter 6.06 entitled "Alcoholic Liquor Dealers,"—Licensee's Agent or Employees Sold Alcohol Without Having Completed the Required BASSET Certification or Being Supervised Directly by a BASSET Certified Employee Assistant Corporation Counsel Kozal recommended that the commission continue the public hearing for Bill's Tap until the next Liquor Commission meeting because the owners have not been technically served notice regarding the violation on April 14, 2007. 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 4:57 p.m. tek inn November 7, 2007 ifer uinton, Recording Secretary Date Approved r ELGIN LIQUOR CONTROL COMMISSION MEETING Conference Room 208, South Wing Regular Meeting 4:00 p.m. November 7, 2007 A. Call to Order B. Roll Call C. Approval of Minutes—October 3, 2007 D. License Applications 1. Application of Durga Wine, Inc., d/b/a Mr. A's Wine & Liquor Bin, for a Class B Liquor License, located at 136 Tyler Creek E. Public Hearings 1. Public Hearing regarding Meijer Great Lakes Limited Partnership, d/b/a Meijer Store No. 183, 815 South Randall Road, Holder of Class B Liquor License; Violation on July 22, 2007, of Elgin Municipal Code Chapter 6.06 entitled "Alcoholic Liquor Dealers,"—Sale of Alcoholic Liquor to a Minor by Licensee's Agent and Employees 2. Public Hearing regarding Valley Pizza, Inc., d/b/a Jake's Pizza and Pub, 728 West Chicago Street, Holder of Class F Liquor License; Violation on August 9, 2007, of Elgin Municipal Code Chapter 6.06 entitled "Alcoholic Liquor Dealers,"—Sale of Alcoholic Liquor to a Minor by Licensee's Agent and Employees 3. Public Hearing regarding Bill's Tap, Inc. d/b/a Bill's Tap, 260 Brook Street, Holder of Class A Liquor License; Violation on April 14, 2007, of Elgin Municipal Code Chapter 6.06 entitled"Alcoholic Liquor Dealers,"—Licensee's Agent or Employees Sold Alcohol Without Having Completed the Required BASSET Certification or Being Supervised Directly by a BASSET Certified Employee F. Miscellaneous G. Adjournment ELGIN LIQUOR CONTROL COMMISSION MEETING NOVEMBER 7, 2007 The meeting was called to order by Chairman Schock at 4:00 p.m. in Conference Room 208, South Wing of Elgin City Hall. 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 October 3, 2007, meeting. Upon a roll call vote: Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. Application of Durga Wine, Inc., d/b/a Mr. A's Wine & Liquor Bin, for a Class B Liquor License,located at 136 Tyler Creek Assistant Corporation Counsel Kozal stated that Andy Patel was present on behalf of the licensee. He stated that Mr. Patel is applying for a Class B license and will have an upscale business whose sales are predominantly wine. Mr. Patel has agreed that the conditions of the license will include: not less than fifty percent(50%) of the retail floor area shall be exclusively devoted to the sale of wine; wooden display racks shall be utilized for the display of wine; wooden counters with granite counter tops shall be utilized in the sales transaction and wine tasting areas; wooden flooring shall be installed throughout the retail floor area; custom coolers will be consistent with the theme or decor of the retail floor area; and a customer humidor matching the wooden wine display racks and the sales transaction and wine tasting areas shall be utilized in the retail floor area. Commissioner Walters made a motion, seconded by Commissioner Gilliam, to recommend to the City Council the creation of an additional Class B Liquor License subject to the conditions outlined in Exhibit 1. Upon a roll call vote: Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. Public Hearing regarding Meijer Great Lakes Limited Partnership, d/b/a Meijer Store No. 183, 815 South Randall Road, Holder of Class B Liquor License; Violation on July 22, 2007, of Elgin Municipal Code Chapter 6.06 entitled "Alcoholic Liquor Dealers,"—Sale of Alcoholic Liquor to a Minor by Licensee's Agent and Employees Assistant Corporation Counsel Kozal stated that the registered agent listed for Meijer's is no longer serving as their agent. He will contact Meijer's to get the name and address of the correct agent. Commissioner Gilliam made a motion, seconded by Commissioner Walters,to continue the public hearing to December 5, 2007. Upon a roll call vote: Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. Liquor Commission Meeting November 7, 2007 Page 2 r- Public Hearing regarding Valley Pizza,Inc., d/b/a Jake's Pizza and Pub, 728 West Chicago Street,Holder of Class F Liquor License; Violation on August 9,2007, of Elgin Municipal Code Chapter 6.06 entitled "Alcoholic Liquor Dealers," —Sale of Alcoholic Liquor to a Minor by Licensee's Agent and Employees Assistant Corporation Counsel Kozal stated that Mr. Reedus,representing the licensee, has agreed to a revised stipulation and agreed order to reflect the fact that there was only service to a minor and not a sale. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to assess a fine of$250 plus costs to be paid within thirty days. Upon a roll call vote: Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. Public Hearing regarding Bill's Tap, Inc. d/b/a Bill's Tap,260 Brook Street,Holder of Class A Liquor License; Violation on April 14,2007, of Elgin Municipal Code Chapter 6.06 entitled "Alcoholic Liquor Dealers,"—Licensee's Agent or Employees Sold Alcohol Without Having Completed the Required BASSET Certification or Being Supervised Directly by a BASSET Certified Employee Assistant Corporation Counsel Kozal stated that the licensee has apparently been evading service by certified mail and that personal service will be affected by the Police Department. Commissioner Gilliam made a motion, seconded by Commissioner Walters, to continue the public hearing to December 5, 2007. Upon a roll call vote: Yeas: Commissioners Gilliam, Walters and Chairman Schock. Nays: None. Miscellaneous - 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 4:13 p.m. December 5, 2007 Diane Robertson, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION MEETING Conference Room 208, South Wing Regular Meeting 4:00 p.m. December 5, 2007 A. Call to Order B. Roll Call C. Approval of Minutes—November 7, 2007 D. Applications 1. Application for Transfer of Corporate Stock of Joo International, Inc. d/b/a Royal Liquor & Wine, located at 1015 North Randall Road 2. Application for Transfer of Corporate Stock of Green Jade Restaurant, Inc., located at 10 Tyler Creek Plaza E. Public Hearings -none F. Miscellaneous • Approval for 2008 Liquor Commission Meeting Schedule G. Adjournment e ELGIN LIQUOR CONTROL COMMISSION MEETING DECEMBER 5, 2007 The meeting was called to order by Chairman Schock at 4:21 p.m. in Conference Room 208, South Wing of Elgin City Hall. 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 November 7, 2007, meeting. Yeas: Commissioner Walters and Chairman Schock. Nays: None. Applications 1. Application for Transfer of Corporate Stock of Joo International, Inc. d/b/a Royal Liquor& Wine, located at 1015 North Randall Road Assistant Corporation Counsel Kozal reviewed the application for the Commission. Mr. Deva Bhatt,the purchaser of the stock, was present. Mr. Kozal recommended that the Commission approve the application subject to the payment of the $10,000 fee, payment of the prorated yearly license fee, and issuance of the occupancy permit. Commissioner Walters made a motion, seconded by Chairman Schock,to approve the petition subject to the three conditions. Yeas: Commissioner Walters and Chairman Schock. Nays: None. 2. Application for Transfer of Corporate Stock of Green Jade Restaurant, Inc., located at 10 Tyler Creek Plaza Assistant Corporation Counsel Kozal reviewed the application for the Commission. Mr. Jack Schee, the purchaser of the stock, was present. Commissioner Walters advised the Commission that he had represented Green Jade Restaurant in the past, although not in relation to their license, and asked Mr. Schee if he had any objections to Commissioner Walters voting on this matter. Mr. Schee indicated that he had no objection. Commissioner Walters made a motion, seconded by Chairman Schock,to approve the application of transfer of corporate stock. Yeas: Commissioner Walters and Chairman Schock. Nays: None. Public Hearings - none Miscellaneous • Approval for 2008 Liquor Commission Meeting Schedule r Liquor Commission Meeting . December 5, 2007 Page 2 Commissioner Walters made a motion, seconded by Chairman Schock, to approve the 2008 Liquor Commission Meeting Schedule. Yeas: Commissioner Walters and Chairman Schock. Nays: None. • Presentation by Assistant Corporation Counsel Kozal Assistant Corporation Counsel Kozal advised the Commission that several weeks ago he had accompanied the Police Department as they were conducting bar checks in the center city. He indicated that the check started at approximately midnight and finished between 2:00 and 3:00 a.m. He stated that what became apparent at a number of the Class E establishments was that the market that existed at that time night was for entertainment rather than pure dining. He asked if the Commission would consider amending the Class E license such that the sales of liquor derived during the later hours on the weekend nights not count toward the 50/50 gross revenue that normally applies to the Class E license. Representatives of Jalapeno's and an entertainment promoter were present and offered several suggestions. The Commission was in agreement that no one under 21 should be present once the entertainment begins unless the event is for a private party. The Commission was concerned about police enforcement. Mr. Kozal will draft a proposal and circulate it to the other Class E licensees. If time allows, he will then present it to the Commission in January. Fire Marshall Dunne stated that if changes are made, it may be necessary for the establishments to submit a new occupancy load plan which would include the dance area. It was the consensus of all present that it may take several months to agree on any changes and to then implement them. 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 5:00 p.m. January 2, 2008 Diane Robertson, Reco ing Secretary Date Approved r