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HomeMy WebLinkAbout2013 Liquor Commission ELGIN LIQUOR CONTROL COMMISSION MEETING January 9, 2013 The meeting was called to order by Chairman Kaptain at 4:30 p.m. in in Conference Room 208, South Wing of Elgin City Hall. Members present: Commissioners Dunne, Gilliam, Moeller, Powell (arrived at 4:35 p.m.), Prigge, Steffen and Chairman Kaptain. Absent: None Approval of Minutes Commissioner Moeller made a motion, seconded by Commissioner Gilliam, to approve the minutes of the December 5, 2012 regular meeting. Upon a roll call vote: Yeas: Commissioners Gilliam, Moeller, Prigge and Steffen and Chairman Kaptain. Nays: None. Abstain: Commissioner Dunne. Public Hearing on the Complaint in the Matter of the Retail Alcoholic Liquor Dealers License of Wing Park Liquors Inc. located at 571 N. McLean Blvd. Elgin, Illinois Corporation Counsel Cogley introduced the case and outlined the complaint, which was entered as exhibit one. He noted the sale to a minor was a first offense and the establishment had passed three previous checks by the Police Department. Staff recommended approval of the proposed order included a fine of $750.00. Commissioner Gilliam made a motion, seconded by Commissioner Steffen, to approve the stipulation and agreed order regarding the complaint against Wing Park Liquors Inc. located at 571 N. McLean Blvd. Upon a roll call vote: Yeas: Commissioners Dunne, Gilliam, Moeller, Prigge, Steffen, and Chairman Kaptain. Nays: None. Public Hearing on the Complaint in the Matter of the Retail Alcoholic Liquor Dealers License of Big Ed & Mudd d/b/a/ Mudders located at 302 G South McLean Blvd., Elgin, Illinois Corporation Counsel Cogley introduced the case and outlined the complaint, which was entered as exhibit one. He noted that there were prior incidents and entered those orders into evidence as exhibit two. The proposed order included a two day suspension which would take place on Friday January 25th and Saturday January 26th. Staff recommended approval of the proposed order. Liquor Commission Meeting January 9, 2013 Page 2 Chairman Kaptain noted that the violation for staying open after the established service hours, and the previous violations, made the two day suspension the appropriate punishment. Commissioner Gilliam made a motion, seconded by Commissioner Steffen, to approve the stipulation and agreed order regarding the complaint against Big Ed & Mudd d/b/a/ Mudders located at 302 G South McLean Blvd. Upon a roll call vote: Yeas: Commissioners Dunne, Gilliam, Moeller, Powell, Prigge, Steffen and Chairman Kaptain. Nays: None. Public Hearing in the Matter of the Retail Alcoholic Liquor Dealers License of Rodriguez Corporation , d/b/a La Quebrada Restaurant, 50 N. Spring Street, Elgin, Illinois Corporation Counsel Cogley gave an overview of the current complaint against Rodriguez Corporation, d/b/a La Quebrada Restaurant, 50 N. Spring Street for sale to a minor. He also outlined the previous violations including sales to a minor, conducting events open to the public in violation of the banquet license, and incidents of illegal drug sales. The complaint was entered as exhibit one and the previous violations as exhibit two. It was noted that in the most recent agreed order there was a last chance clause, stating that if other violations occurred, within a designated period, there would be cause to revoke the Class E-1 and Class S liquor licenses. The president and manager Humberto Rodriquez and his attorney, Thomas Hartwell, were present to answer questions. Mr. Hartwell stated that his client admitted to the facts of the complaint and he was willing to surrender the licenses. It was confirmed that the employee that served the alcohol to the underage person was no longer employed by La Quebrada. There was a review of the previous agreement, in particular the “last chance” portion. There was discussion regarding the process of revocation and the differences between revocation of the licenses and the surrender of the licenses. Corporation Counsel Cogley noted that the state statute requires a one year waiting period after the revocation of a liquor license for the premise. Commissioner Gilliam made a motion, seconded by Commissioner Steffen, to adjourn into executive session. Upon a roll call vote: Yeas: Commissioners Dunne, Gilliam, Moeller, Powell, Prigge, Steffen and Chairman Kaptain. Nays: None The commission adjourned into executive session at 4:46 p.m. The commission reconvened at 5:22 p.m. Commissioner Gilliam made a motion, seconded by Commissioner Steffen, to revoke the liquor licenses, revoking for both the licensee and the premise, held by Rodriguez Corporation d/b/a La Quebrada Restaurant, 50 N. Spring Street. Upon a roll call vote: Yeas: Commissioners Dunne, Moeller, Powell, Prigge, Steffen and Chairman Kaptain. Nays: None. The revocation order was served immediately to the licensee and their attorney. Liquor Commission Meeting January 9, 2013 Page 3 Miscellanous Chairman Kaptain stated that the rumors that the liquor commission was influencing video gaming decision were false. Adjournment Commissioner Dunne made a motion, seconded by Commissioner Gilliam, to adjourn the meeting. Upon a roll call vote: Yeas: Commissioners Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Chairman Kaptain. Nays: None. Meeting adjourned at 5:25 p.m. s/ Kim Dewis February 13, 2013 Kim Dewis, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION MEETING February 13, 2013 The meeting was called to order by Chairman Kaptain at 4:30 p.m. in in Conference Room 208, South Wing of Elgin City Hall. Members present: Commissioners Moeller, Powell, Prigge, Steffen and Chairman Kaptain. Absent: Commissioners Dunne and Gilliam. Approval of Minutes Commissioner Moeller made a motion, seconded by Commissioner Steffen, to approve the minutes of the January 9, 2013 regular meeting. Upon a roll call vote: Yeas: Commissioners Moeller, Prigge and Steffen and Chairman Kaptain. Nays: None. Public Hearing on the Complaint in the Matter of the Retail Alcoholic Liquor Dealers License of Mango’s Café & Neveria, Inc. located at 300 South McLean Blvd. Elgin, Illinois Stephen D. Tousey, prosecutor for the city, presented exhibits to enter into the record. They consisted of the notice of hearing, notice of complaint, proof of service and an appearance and answer from October 2012 signed by Richard Gellersted. Chairman Kaptain ordered these items admitted into the record. Richard Gellersted, attorney for the complainant, asked to submit an answer to the January 2013 complaint. Chairman Kaptain did not accept these filings because they were three weeks past the due date. Attorney Tousey called Sergeant Jim Lalley to testify about the two dates in December 2012. Sergeant Lalley recounted the observations he made about the establishment and the conversations he had with the owner, Mr. Sanchez. Attorney Gellersted asked Sergeant Lalley what he could see when standing at the doorway of the establishment. Sergeant Lalley indicated he could see the service bar. Attorney Tousey called Officer Phillips to testify about her observations on December 30, 2012. Officer Phillips stated that the restaurant was set up as a nightclub with tables pushed back to create a dance floor area. She also identified a posted advertisement of a dance performance. Attorney Tousey asked that the advertisement be admitted as Exhibit Six. Attorney Gellersted asked Officer Phillips when the last time she was at the establishment and she stated it had been three weeks ago and they were still in operation. Liquor Commission Meeting February 13, 2013 Page 2 Attorney Gellersted called Mr. Aldaberto Sanchez, owner of Mango’s Café, to testify. Mr. Sanchez described the December events and recounted who was in the restaurant at the time. Attorney Tousey asked Mr. Sanchez to review the number of people present when the Police inspected the restaurant. Attorney Tousey indicated that there was a discrepancy between Sergeant Lalley’s count and that of Mr. Sanchez. Attorney Gellersted called Osiel Rodriguez, an employee of Mango’s Café, to testify. Attorney Gellersted asked if the business was still in operation, and Mr. Rodriguez indicated that it had closed Saturday. Commissioner Steffen asked about the status of the business and if the liquor license had been relinquished. Mr. Sanchez stated they would relinquish the liquor license and that they were closed for business. Commissioner Powell asked about the typical procedures at other liquor license establishments to ensure they adhere to the 2 a.m. cut off. Sergeant Lalley stated that typically the last call would be a half hour prior to closing and no further patrons would be allowed to enter. Commissioner Prigge asked how long was left on the lease. He was informed there were eight months left on the lease. Commissioner Steffen made a motion, seconded by Commissioner Moeller, to go into executive session. Upon a roll call vote: Yeas: Commissioners, Moeller, Powell, Prigge, Steffen and Chairman Kaptain. Nays: None. The commission went into executive session at 5:13 p.m. Commissioner Steffen made a motion, seconded by Commissioner Moeller, to reconvene in open session. Upon a roll call vote: Yeas: Commissioners, Moeller, Powell, Prigge, Steffen and Chairman Kaptain. Nays: None. The commission reconvened at 5:56 p.m. Commissioner Steffen made a motion, seconded by Commissioner Prigge, to impose fines totaling $2,000, due within seven days of entry of the order, and a six day suspension of the liquor license to be carried out over the next three weekends, for Mango’s Café & Neveria, Inc. located at 300 South McLean Blvd. Elgin, Illinois. Upon a roll call vote: Yeas: Commissioners, Moeller, Powell, Prigge, Steffen and Chairman Kaptain. Nays: None. Liquor Commission Meeting February 13, 2013 Page 3 Adjournment Commissioner Steffen made a motion, seconded by Commissioner Powell, to adjourn the meeting. Upon a roll call vote: Yeas: Commissioners Moeller, Powell, Prigge, Steffen, and Chairman Kaptain. Nays: None. Meeting adjourned at 6:02 p.m. s/ Kim Dewis March 6, 2013 Kim Dewis, Recording Secretary Date Approved DRDRAFTDRAFTDDRAFT D ELGIN LIQUOR CONTROL COMMISSION MEETING March 6, 2013 The meeting was called to order by Chairman Kaptain at 4:30 p.m. in Conference Room 208, South Wing of Elgin City Hall. Members present: Commissioners Gilliam, Moeller, Prigge, Steffen, and Chairman Kaptain. Absent: Commissioners Dunne and Powell Approval of Minutes Commissioner Moeller made a motion, seconded by Commissioner Steffen, to approve the minutes of the February 13, 2013 regular meeting. Upon a roll call vote: Yeas: Commissioners Moeller, Prigge and Steffen and Chairman Kaptain. Nays: None. Present: Commissioner Gilliam. Public Hearing on Liquor License Application, Wing Park Liquor Inc. located at 571 N. McLean Boulevard to Expand Licensed Premises to an Adjacent Tenant Space Corporation Counsel Cogley provided an overview of the application. The licensee is seeking to expand the existing licensed premise into the adjacent space (1363 Manor Court) to allow for additional storage of inventory. Approval is recommended subject to the licensee obtaining a conditional use approval for the expansion. Commissioner Steffen made a motion, seconded by Commissioner Moeller, to approve the liquor license application for Wing Park Liquor Inc. located at 571 N. McLean Boulevard to expand licensed premises to an adjacent tenant space subject to the condition outlined. Upon a roll call vote: Yeas: Commissioners Gilliam, Moeller, Prigge, Steffen, and Chairman Kaptain. Nays: None. Adjournment Commissioner Gilliam made a motion, seconded by Commissioner Moeller, to adjourn the meeting. Upon a roll call vote: Yeas: Commissioners: Gilliam, Moller, Prigge, Steffen, and Chairman Kaptain. Nays: None. Meeting adjourned at 4:33 p.m. s/ Kim Dewis April 10, 2013 Kim Dewis, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION MEETING April 10, 2013 The meeting was called to order by Chairman Kaptain at 4:30 p.m. in Conference Room 208, South Wing of Elgin City Hall. Members present: Commissioners Dunne, Moeller, Powell (arrived at 4:35 p.m.), Prigge, Steffen and Chairman Kaptain. Absent: Commissioner Gilliam. Approval of Minutes Commissioner Moeller made a motion, seconded by Commissioner Prigge, to approve the minutes of the March 6, 2013, regular meeting. Upon a roll call vote: Yeas: Commissioners Moeller, Prigge and Steffen and Chairman Kaptain. Nays: None. Abstain: Commissioner Dunne. Public Hearing on Class E-3 Liquor License Application Got Fat Inc., d/b/a Fatsoz located at 959 Villa Street Corporation Counsel Cogley gave an overview of the application for the Class E-3 license. Mr. Cogley noted that there is a current establishment, Club 58, at this location that currently holds a Class E-2 license. The Class E-3 which authorizes the sale of alcohol in restaurants for consumption on premise and that sixty five percent (65%) or more of the gross revenue in any month must be from the serving of meals and that thirty five percent (35%) or more of the total floor area of the establishment must be utilized for dining room areas for the regular service of meals. Staff was recommending approval of the application subject to conditions outlined in the memo. Commissioner Moeller made a motion, seconded by Commissioner Dunne, to approve the Class E-3 Liquor License Application Got Fat Inc., d/b/a Fatsoz located at 959 Villa Street subject to the conditions listed in the memo. Upon a roll call vote: Yeas: Commissioners Dunne, Moeller, Prigge, Steffen and Chairman Kaptain. Nays: None. Public Hearing on Class F-1 Liquor License Application for Marisco’s El Amigo II Corporation d/b/a/ Marisco’s El Amigo II located at 915 Summit Street Corporation Counsel Cogley gave an overview of the application for the Class F-1 license, which authorizes the sale by a service bar of beer, wine and one additional alcoholic liquor for consumption on premises, provided any such restaurant constitutes what is commonly referred to as an “ethnic” restaurant and the one additional alcoholic liquor is traditionally associated with Liquor Commission Meeting April 10, 2013 Page 2 the food of the nationality of such ethnic restaurant. He stated staff is recommending approval of the license subject to the conditions outlined in the memo. Commissioner Moeller made a motion, seconded by Commissioner Steffen, to approve the Class F-1 Liquor License for Marisco’s El Amigo II Corporation d/b/a/ Marisco’s El Amigo II located at 915 Summit Street subject to the conditions listed in the memo. Upon a roll call vote: Yeas: Commissioners Dunne, Moeller, Powell, Prigge, Steffen and Chairman Kaptain. Nays: None. Miscellaneous Corporation Counsel Cogley reviewed the information regarding the annual renewals. Consideration of Applications for Renewal of Liquor Licenses for the Period of May 1, 2013, through April 30, 2014 LIST A – COMPLETED APPLICATIONS 7-Eleven #27616 7-Eleven (McLean) A.J. Foodshop Afterset Aldi #38 Aldi #50 Al’s Café & Creamery Applebee’s Neighborhood Grill and Bar Baker Hill Pancake House Boni Liquor Bowlway Lanes Brighton Lounge – Grand Victoria Burnt Toast Butera Market Café Roma Carmina’s Restaurant &Banquets Casa Lara Centre Chicago Pizza Authority Chooch’s Club 58 Danny’s Pizza Easton’s Redwood Inn Elgin Buffet Elgin Country Club Elgin Fresh Market Elgin Fruit Market Elgin Lanes Elgin Liquor and Wine Elgin Lodge No 799 Loyal Order of Moose Elgin Turners Extra Value Wine and Spirits Gasthaus Zur Linde Geno’s Fine Wine and Spirits Grand Victoria - Pavillon Green Jade Restaurant The Grove Mart – Elgin Shell Hickory Stick Bar and Grill Hoopers Sports Bar J.J. Peppers Foodstore JB’s Pub & Pietro’s Pizza Lone Star Steakhouse and Saloon Maciano’s Pizza and Pastaria Mariscos El Amigo 2 Martini Room Meijer Store #183 Mel’s Pizza Mr. Tequila De Elgin Nail Art & Spa Neighborhood Package Liquors Nick’s Liquors Northwest Liquors Olde Towne Inn Osco Drug #3313 Liquor Commission Meeting April 10, 2013 Page 3 Otter Creek Wine & Spirits Payless Tobacco and Liquor Price Rite Gas and Food Price Rite Liquor Sammy’s Mexican Restaurant Shanghai Bangkok House Silver Lake Restaurant Speedway #7514 Stop N Shop Super Saver Food Mart Sushi Station Target Store T-0834 Villa Liquors Villa Verone Walnut Speakeasy Wing Park Liquors Commissioner Steffen made a motion, seconded by Commissioner Moeller, to approve List A, complete applications, from the memo for liquor license renewals for May 1, 2013, through April 30, 2014. Upon a roll call vote: Yeas: Commissioners Dunne, Moeller, Powell, Prigge, Steffen and Chairman Kaptain. Nays: None. LIST B – EXTERIOR SALES PERMITS Al’s Café and Creamery (Designated Exterior) Chooch’s Grove Avenue (Designated Exterior) Danny’s Pizza (Designated Exterior) Gasthaus Zur Linde (Designated Exterior) JB’s Pub & Pietro’s Pizza (Beer garden) Lone Star Steakhouse & Saloon (Designated Exterior) Prairie Rock Bar & Grill, (Designated Exterior) The Noodle Shop, Co. – Illinois, Inc. (Designated Exterior) Sammy’s Mexican (Designated Exterior) Sushi Station (Designated Exterior) Villa Verone (Designated Exterior) Commissioner Moeller made a motion, seconded by Commissioner Steffen, to approve List B, exterior sales permits, from the memo for liquor license renewals for May 1, 2013, through April 30, 2014. Upon a roll call vote: Yeas: Commissioners Dunne, Moeller Powell, Prigge, Steffen and Chairman Kaptain. Nays: None. LIST C - YOUNG ADULT NIGHT PERMIT Mission/Medusa Commissioner Steffen made a motion, seconded by Commissioner Moeller, to approve List C, young adult night permit, from the memo for liquor license renewals for May 1, 2013, through April 30, 2014. Upon a roll call vote: Yeas: Commissioners Dunne, Moeller, Powell, Prigge, Steffen and Chairman Kaptain. Nays: None. Liquor Commission Meeting April 10, 2013 Page 4 LIST D - APPLICATIONS WITH ISSUES Insurance: These establishments have not turned in current dram shop insurance certificates.  Eastside Entertainment, LLC d/b/a Medusa/Mission  Greg Shannon Inc. d/b/a Elgin Public House Basset Cards: These establishments owe copies of Basset cards: Establishment Missing Cards Alexander’s Restaurant Ricardo Garay, Alberto Gomez American Legion Carol Evans, Georgia Hartman Big Skillet Courtney Fahy, Kathy Ray, Keyanna Washington CVS Pharmacy Maria Hernandez Elgin Riverside Club Kristin Kastner, Becki Potempa Elgin Turners Mary Genz, Seth Thomas, Joseph Armintrout, Joseph Leroy, Mary Schwartz Elgin Public House Jon Gillespie, Lincol Schramm, Colleen Bergeson Grand Victoria / Brighton Robert Bonic Hickory Stick Tesslyn Houson Hoppe’s Corner Galo Martin, Laura Jones, Vickie Smith, Matt Navin, Kelly Zurita Holiday Inn/Bennigans Scott Kwiatkoski, Keith Baker, Estella Herrera,Nicole Vermett Islas Maria’s Restaurant Mario Topete, Soledad Rodriguez Jimmy’s Charhouse Jim Antonopoulos, Mariena Tunborello, Bruce Watson, Jim Angelos, Dawn Contursi Liberty Liquors Peto Anderson, Adam Growoning, James Danowski McGruder’s Irish Pub Kelly Plichta Medusa Nicole Pickes, Charles Bedrosen Moon Food and Liquor Rajeshkumar Patel Noodles & Co. Jamie Depaul Nick’s Pizza and Pub Deborah Buttice, Sherry Demming Osco # 3291 Audrey Alonzo Owls Athletic Club of Elgin Nate Vanfleet Porter’s Pub Sophie, Aimee, Amanda (no last names provided) Prairie Rock Grill Anne Myers, Greg Tourtellot, Sarah Plywaczewski, Richardo Vilarreal Jr., Kayla Carey Rookies George, Karavasis, Karleen Hergert, Kara Liquor Commission Meeting April 10, 2013 Page 5 Miller, Ashley Splett, Alexis Filas, Sarah Hastings, George Kline, Christina Simmons, Jessie Schmidt, Josephina Donochow, Heather Shults, Rachael Dorrington, Kelly Broderick, Jennifer Lucas Sam’s Club Guillermo Mendez Walgreens 02986 Agustin Orrosquieia, David Kim, Gurdreet Singh, Matthew Kurth, Sabeen Husain, Victor Melecio, Pierre Rouse, Gloria Salas Walgreens #07100 Alexander Scutrkus Walgreens #09439 Patrick MacKaey, Regina Tudzzo, Carlos Uribe, Doon Masulis Walgreens #12772 Fahab Salungo Walmart #1814 Suki Peccia-Aburto, Janice Ambrosia, Barbara Bennett, Rony Bertrand, Sylvia Dumas, Jill Dykier, Ashley Elam, Jerry Foster, Hannah Franklin, Christine Georgi, Tyler Gordon, Eric Hall, Kanita Hicks, Janet Johnson, Sue Jones, Randall Kosek, Kim Krabbe, Boonre Moore, Jessica Ogden, Erica Ozornia, Tawana Perdue, David Reilly, Haryey Riley, Amy Rinehart, Guadalupe Rodriquez, Richard Tamme, Marty Rock, Fizza Shirazi, Erica Singletary, Charles Solomon, Ketora Smith, Judith Cohn Tazclaor, Michelle Tripp, Geraldine Watson, Leannette Zombranna Watch City Post 1307 Luann Stramaglo Village Pizza & Pub Byron Jacobson Shareholder issues: These establishments have submitted paper work for Transfer of Corporate Stock. Establishment Old Shareholders New Shareholders Otter Creek Neel Patel (50%); Hitesh Shah (50%) Neel Patel (100%) Elgin Lanes Ann Conyne (50%); Ken Franquelli (25%); Mike Franquelli (25%) Anne Conyne (100%) Liquor Commission Meeting April 10, 2013 Page 6 Finance: These establishments have outstanding fees or fines that are delinquent. Big Skillet Restaurant – 2010- 2012 General Business License Boni Liquor – 2010 – 2012 General Business License Nail Art & Spa – 2010 – 2012 General Business License 2J’s Wine & Spirits - $100 Tobacco license and $503.75 Ambulance bill Hemmens (David Pool) - $100 code fine JB’s - $360 for automatic amusement license Tilted Kilt - $1,350 – for code fine Commissioner Dunne made a motion, seconded by Commissioner Steffen, to approve List D, applications with issues, from the memo for liquor license renewals for May 1, 2013, through April 30, 2014. Upon a roll call vote: Yeas: Commissioners Dunne, Moeller, Powell, Prigge, Steffen and Chairman Kaptain. Nays: None. Discussion of alleged activities at Medusa’s located at 209 E. Chicago Street Corporation Counsel Cogley reviewed an anonymous letter and photos that alleged illegal activities are taking place at Mission/Medusas located at 209 E. Chicago Street. There was a discussion regarding the origin and authenticity of the pictures, what activities depicted in the pictures were illegal and what type of police calls, if any, had taken place recently. The issues would be discussed with the owner of the establishment. Discussion of a Class B-1 Liquor License Application for Glogovsky Oil Company d/b/a The Grove Mart, located at 2320 N. Randall Road Corporation Counsel Cogley provided an overview of the request from Mr. Glogovsky. The Grove Mart would like to expand their liquor license to include the sale of hard liquor. There was discussion regarding how long the Grove Mart had been open and if there were any issues to date, and, if there currently were gas stations allowed to sell hard liquor. There were concerns regarding the size of the bottles and the amount of space allowed for the hard liquor products and the impact the change would have on the inventory. Information would be brought back to address the issues that were discussed. Liquor Commission Meeting April 10, 2013 Page 7 Adjournment Commissioner Powell made a motion, seconded by Commissioner Dunne, to adjourn the meeting. Upon a roll call vote: Yeas: Commissioners Dunne, Powell, Moeller, Prigge, Steffen, and Chairman Kaptain. Nays: None. Meeting adjourned at 5:25 p.m. s/ Kim Dewis May 8, 2013 Kim Dewis, Recording Secretary Date Approved DRAFTDRDRAFTDRAFTDDRAFT DD ELGIN LIQUOR CONTROL COMMISSION MEETING May 8, 2013 The meeting was called to order by Chairman Kaptain at 4:30 p.m. in Conference Room 208, South Wing of Elgin City Hall. Members present: Commissioners Moeller, Powell, Steffen, and Chairman Kaptain. Absent: Commissioners Dunne, Gilliam, and Prigge Approval of Minutes Commissioner Moeller made a motion, seconded by Commissioner Steffen, to approve the minutes of the April 10, 2013 regular meeting. Upon a roll call vote: Yeas: Commissioners Moeller, Powell, and Steffen and Chairman Kaptain. Nays: None. Public Hearing on an Application for an Exterior Sales Permit for Buenavista Enterprises, d/b/a Mr. Tequila de Elgin located at 51 S. Grove Avenue Corporation Counsel Cogley provided an overview of the application. The licensee is seeking an exterior sales permit. Staff is recommending approval subject to the licensee entering into a license agreement and limiting outdoors sales to May 1st and not later than November 1st with food and beverage table service and no amplified music. Commissioner Steffen made a motion, seconded by Commissioner Moeller, approve the application for an exterior sales permit for Buenavista Enterprises, d/b/a Mr. Tequila de Elgin located at 51 S. Grove Avenue, subject to the conditions outlined. Upon a roll call vote: Yeas: Commissioners Moeller, Powell, Steffen, and Chairman Kaptain. Nays: None. Public Hearing on Application for a Class K Liquor License for the City of Elgin d/b/a Hemmens Cultural Center located at 45 Symphony Way Corporation Counsel Cogley provided an overview of the application. Commissioner Moeller made a motion, seconded by Commissioner Powell, to approve the application for Class K Liquor License for the City of Elgin d/b/a Hemmens Cultural Center located at 45 Symphony Way. Upon a roll call vote: Yeas: Commissioners Moeller, Powell, Steffen, and Chairman Kaptain. Nays: None. Liquor Commission Meeting May 8, 2013 Page 2 Miscellaneous Business Corporation Counsel Cogley asked for direction in handling liquor license applications with the video gaming component. There was a brief discussion about the types of businesses that have applied and if the application process needed to be changed. The commission would discuss this issue further at the June meeting when the new members would be present. Sergeant Lalley provided an update on a meeting with the owner of Medusa’s. He noted that the pyrotechnic displays would no longer be taking place. Adjournment Commissioner Powell made a motion, seconded by Commissioner Moeller, to adjourn the meeting. Upon a roll call vote: Yeas: Commissioners: Moller, Powell, Steffen, and Chairman Kaptain. Nays: None. Meeting adjourned at 4:50 p.m. s/ Kim Dewis June 12, 2013 Kim Dewis, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION MEETING June 12, 2013 The meeting was called to order by Chairman Kaptain at 4:31 p.m. in Conference Room 208, South Wing of Elgin City Hall. Members present: Commissioners Dunne, Gavin, Moeller, Powell (arrived at 4:36 p.m.), Prigge, Shaw (arrived at 4:34 p.m.), Steffen, and Chairman Kaptain. Absent: Commissioner Rauschenberger. Approval of Minutes Commissioner Moeller made a motion, seconded by Commissioner Steffen, to approve the minutes of the May 8, 2013, meeting. Upon a roll call vote: Yeas: Commissioners Moeller, Steffen, and Chairman Kaptain. Nays: None. Commissioners Dunne, Gavin, and Prigge abstained. The minutes were not approved and will be reconsidered at the next meeting in July. Public Hearing on Application for Transfer of Corporate Stock for Pedro Delara Inc. d/b/a Estrella de Millenium located at 850 N. State Street Corporation Counsel Cogley provided an overview of the application. The applicant, Gabino Acosta Aguilar, is seeking to transfer 100% of the stock of the corporate licensee Pedro Delara, Inc. into his name. The stock is currently owned by Donna Delara. Mr. Aguilar and his attorney, Kevin Mestek, provided proof upon request of the stock transfer from Ms. Delara to Mr. Aguilar. Corporation Counsel Cogley stated that staff was recommending approval of the transfer. Commissioner Prigge made a motion, seconded by Commissioner Moeller, to approve the transfer of corporate stock for Delara Inc. d/b/a Estrella de Millenium located at 850 N. State Street. Upon a roll call vote: Yeas: Commissioners Dunne, Gavin, Moeller, Prigge, Steffen, and Chairman Kaptain. Nays: None. Commissioner Powell and Commissioner Shaw abstained. Miscellaneous Discussion was held regarding the proposed Illinois concealed carry standards for alcoholic establishments, assault weapons ban, and medicinal marijuana. City Manager Stegall stated that he was closing City Hall due to severe inclement weather approaching and he recommended that the Commission cancel the upcoming Committee of the Liquor Commission Meeting June 12, 2013 Page 2 Whole and City Council meetings. The Commission agreed that the meetings should be cancelled to ensure public safety. Adjournment Commissioner Dunne made a motion, seconded by Commissioner Prigge, to adjourn the meeting. Upon a roll call vote: Yeas: Commissioners Dunne, Gavin, Moeller, Powell, Prigge, Shaw, Steffen, and Chairman Kaptain. Nays: None. Meeting adjourned at p.m. s/ Jennifer Quinton July 10, 2013 Jennifer Quinton, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION MEETING August 14, 2013 The meeting was called to order by Chairman Kaptain at 4:30 p.m. in Conference Room 208, South Wing of Elgin City Hall. Members present: Commissioners Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, and Chairman Kaptain. Absent: Commissioner Steffen. Approval of Minutes Commissioner Moeller made a motion, seconded by Commissioner Powell, to approve the minutes of the May 8, 2013, meeting. Upon a roll call vote: Yeas: Commissioners Moeller, Powell, and Chairman Kaptain. Nays: None. Commissioners Dunne, Gavin, Prigge, Rauschenberger, and Shaw abstained. The minutes were not approved and will be reconsidered at the next meeting. Commissioner Shaw made a motion, seconded by Commissioner Dunne, to approve the minutes of the June 12, 2013, meeting. Upon a roll call vote: Yeas: Commissioners Dunne, Gavin, Moeller, Powell, Prigge, Shaw and Chairman Kaptain. Nays: None. Commissioner Rauschenberger abstained. Public Hearing on Application for Class E Liquor License for the RMH Illinois LLC d/b/a Applebee’s Neighborhood Grill and Bar located at 125 S. Randall Road Corporation Counsel Cogley provided an overview of the application. He noted that the establishment had gone through bankruptcy and there is a new owner. The new owner was asking for the same class license. Corporation Counsel Cogley stated that staff was recommending approval of the Class E Liquor License. The applicant’s attorney noted that the changes taking place are all behind the scenes. The commission asked if the staff would be the same, if there were past offenses, and if they intended to pursue video gaming. The attorney indicated that the current staff would remain and they did not intend to have video gaming. Mr. Cogley noted that there were no past offenses at the location. Commissioner Moeller made a motion, seconded by Commissioner Powell, to approve the Class E Liquor License for the RMH Illinois LLC d/b/a Applebee’s Neighborhood Grill and Bar located at 125 S. Randall Road. Upon a roll call vote: Yeas: Commissioners Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw and Chairman Kaptain. Nays: None. Liquor Commission Meeting August 14, 2013 Page 2 Miscellaneous Commissioner Dunne asked about the practice and regulations surrounding having bottles of alcohol as raffle prizes. Corporation Counsel Cogley stated that it could be a violation and would look into regulating the practice with a no fee permit. Adjournment Commissioner Gavin made a motion, seconded by Commissioner Shaw, to adjourn the meeting. Upon a roll call vote: Yeas: Commissioners Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, and Chairman Kaptain. Nays: None. Meeting adjourned at 4:40 p.m. s/ Kimberly Dewis September 11, 2013 Kimberly Dewis, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION MEETING September 11, 2013 The meeting was called to order by Chairman Kaptain at 4:30 p.m. in Conference Room 208, South Wing of Elgin City Hall. Members present: Commissioners Gavin, Moeller, Powell, Prigge, Shaw, and Chairman Kaptain. Absent: Commissioners Dunne and Rauschenberger. Approval of Minutes Commissioner Moeller made a motion, seconded by Commissioner Gavin, to approve the minutes of the June 12, 2013, and August 14, 2013, meetings. Upon a roll call vote: Yeas: Commissioners Gavin, Moeller, Powell, Prigge, Shaw and Chairman Kaptain. Nays: None. Commissioner Steffen abstained. Public Hearing on the Complaint in the matter of the retail alcoholic liquor dealer’s license of Greg Shannon, Inc. d/b/a Elgin Public House located at 219 E. Chicago Street Corporation Counsel Cogley provided an overview of the complaint and the proposed agreed order with a fine of $500.00. He noted that the violation related to the sale to a minor as part of a routine police department compliance operation. Commissioner Steffen made a motion, seconded by Commissioner Powell, to approve the stipulation and agreed order regarding the complaint against Greg Shannon, Inc. d/b/a Elgin Public House located at 219 E. Chicago Street. Upon a roll call vote: Yeas: Commissioners Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw and Chairman Kaptain. Nays: None. Public Hearing on the Complaint in the matter of the retail alcoholic liquor dealer’s license of McGruder’s Pub, Inc. d/b/a McGruder’s Irish Sports Pub located at 1350 E. Chicago Street Corporation Counsel Cogley provided an overview of the complaint and the proposed agreed order with a fine of $500.00. He noted that the violation related to the sale to a minor as part of a routine police department compliance operation. Commissioner Steffen made a motion, seconded by Commissioner Gavin, to approve the stipulation and agreed order regarding the complaint against McGruder’s Pub Inc. d/b/a McGruder’s Irish Sports Pub located at 1350 E. Chicago Street. Upon a roll call vote: Yeas: Commissioners Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw and Chairman Kaptain. Nays: None. Liquor Commission Meeting September 11, 2013 Page 2 Adjournment Commissioner Gavin made a motion, seconded by Commissioner Steffen, to adjourn the meeting. Upon a roll call vote: Yeas: Commissioners Gavin, Moeller, Powell, Prigge, Shaw, Steffen, and Chairman Kaptain. Nays: None. Meeting adjourned at 4:38 p.m. s/ Kimberly Dewis November 6, 2013 Kimberly Dewis, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION MEETING November 6, 2013 The meeting was called to order by Chairman Kaptain at 4:05 p.m. in Conference Room 208, South Wing of Elgin City Hall. Members present: Commissioners Gavin, Prigge, Rauschenberger, Steffen, and Chairman Kaptain. Absent: Commissioners Dunne, Moeller, Powell, and Shaw. Approval of Minutes Commissioner Gavin made a motion, seconded by Commissioner Steffen, to approve the minutes of the September 11, 2013, meeting. Upon a roll call vote: Yeas: Commissioners Gavin, Prigge, Rauschenberger, Steffen, and Chairman Kaptain. Nays: None. Public Hearing on Applications for Class B Liquor Licenses by Bond Drug Company of Illinois, LLC, d/b/a Walgreens, and Walgreens Company, for Walgreens stores located at 815 Summit Street, 1700 Larkin Avenue, 600 Villa Street and 589 North McLean Boulevard Corporation Counsel Cogley provided an overview and a history of the Class B licenses. He proposed the creation of the Class B-5 license for the package sale of alcoholic liquor as an accessory use of the establishments. It is recommended that the proposed Class B-5 liquor license have a one-time fee of $5,000 and an annual license fee of $770. The display of product is to be less than ten percent (10%) of the building floor area of the premises. The ten percent limitation is utilized for accessory uses in the city’s zoning ordinance and would therefore be consistent with the zoning limitations. Mr. Cogley noted that an ordinance creating the new class would be presented to the City Council on November 20th. Commissioner Steffen made a motion, seconded by Commissioner Gavin, to approve the creation of a Class B-5 Liquor Licenses and grant the same to Bond Drug Company of Illinois, LLC, d/b/a Walgreens, and Walgreens Company, for Walgreens stores located at 815 Summit Street, 1700 Larkin Avenue, 600 Villa Street and 589 North McLean Boulevard. Upon roll call vote: Yeas: Commissioners Gavin, Prigge, Rauschenberger, Steffen, and Chairman Kaptain. Nays: None. Liquor Commission Meeting November 6, 2013 Page 2 Public Hearing on the Application of Glogovsky Oil Company, LLC d/b/a The Grove Mart for a Class B Liquor License at 2320 N. Randall Road. Corporation Counsel Cogley provided background information regarding the current license held by the gas station. He noted that the location of the establishment was primarily commercial. It was recommended that the application for the Grove Mart be handled in a similar fashion to the previously discussed Walgreen’s applications and create an additional Class B-5 license. Commissioner Steffen made a motion, seconded by Commissioner Prigge, to approve the application of Glogovsky Oil Company, LLC d/b/a The Grove Mart for a Class B-5 Liquor License at 2320 N. Randall Road. Upon roll call vote: Yeas: Commissioners Gavin, Prigge, Rauschenberger, Steffen, and Chairman Kaptain. Nays: None. Public Hearing on Application for a Class A Liquor License for D Hangout Bar and Grill Inc. d/b/a D Hangout at 550 S. McLean Blvd. Corporation Counsel Cogley provided an overview of the application and a history of the property. Staff recommended approval subject to final inspections, planned development approval for the patio area, and an ordinance increasing the number of Class A liquor licenses. Commissioner Gavin made a motion, seconded by Commissioner Steffen, to approve the applications subject to the conditions outlined for a Class A Liquor License and Exterior Sales Permit for D Hangout Bar and Grill Inc. d/b/a D Hangout at 550 S. McLean Blvd. Upon roll call vote: Yeas: Commissioners Gavin, Prigge, Rauschenberger, Steffen, and Chairman Kaptain. Nays: None. Adjournment Commissioner Steffen made a motion, seconded by Commissioner Gavin, to adjourn the meeting. Upon roll call vote: Yeas: Commissioners Gavin, Prigge, Rauschenberger, Steffen, and Chairman Kaptain. Nays: None. Meeting adjourned at 4:15 p.m. s/ Kimberly Dewis December 4, 2013 Kimberly Dewis, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION MEETING December 4, 2013 The meeting was called to order by Chairman Kaptain at 4:30 p.m. in Conference Room 208, South Wing of Elgin City Hall. Members present: Commissioners Dunne, Gavin, Moeller (arrived at 4:38 p.m.), Powell, Prigge, Rauschenberger, Shaw, and Chairman Kaptain. Absent: Commissioners Steffen. Approval of Minutes Commissioner Rauschenberger made a motion, seconded by Commissioner Prigge, to approve the minutes of the November 6, 2013, meeting. Upon a roll call vote: Yeas: Commissioners Gavin, Prigge, Rauschenberger, Shaw, and Chairman Kaptain. Nays: None. Abstain: Commissioners Dunne, Powell, and Shaw. Consideration of the 2014 Liquor Commission Meeting Schedule Commissioner Shaw made a motion, seconded by Commissioner Dunne, to approve the proposed 2014 Liquor Commission Meeting Schedule. Upon roll call vote: Yeas: Commissioners Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, and Chairman Kaptain. Nays: None. 2014 MEETING SCHEDULE ELGIN LIQUOR COMMISSION January 8, 2014 February 12, 2014 March 5, 2014 April 9, 2014 May 14, 2014 June 11, 2014 July 9, 2014 August 13, 2014 September 10, 2014 October 8, 2014 November 5, 2014 December 3, 2014 The Elgin Liquor Commission holds its regular meetings in the 2nd Floor Conference Room, in the South Wing of City Hall, located at 150 Dexter Court, at 4:30 p.m. on the above mentioned dates. Liquor Commission Meeting November 6, 2013 Page 2 Miscellaneous Business Commissioner Powell asked for further details regarding an incident at the Moose Lodge involving the Elgin Police Department’s attempt to locate a person on an active warrant. Corporation Counsel Cogley provided details surrounding the incident and the individuals involved. He noted that there had been no other issues with the establishment. There was discussion regarding the status of the private club, the implications for the members involved, and if the club should be imposed with any fines. Commissioner Powell made a motion, seconded by Commissioner Prigge, bring representatives of the Moose Lodge in to discuss the recent incident at the club. Upon roll call vote: Yeas: Commissioners Dunne, Gavin, Powell, Prigge, Moeller, Rauschenberger, and Shaw. Abstain: Chairman Kaptain. Nays: None. Adjournment Commissioner Shaw made a motion, seconded by Commissioner Gavin, to adjourn the meeting. Upon roll call vote: Yeas: Commissioners Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, and Chairman Kaptain. Nays: None. Meeting adjourned at 4:58 p.m. s/ Kimberly Dewis January 8, 2014 Kimberly Dewis, Recording Secretary Date Approved