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HomeMy WebLinkAbout2014 Liquor Commission ELGIN LIQUOR CONTROL COMMISSION MEETING January 8, 2014 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, Steffen, and Chairman Kaptain. Absent: None. Approval of Minutes Commissioner Steffen made a motion, seconded by Commissioner Gavin, to approve the minutes of the December 4, 2013, meeting. Upon a roll call vote: Yeas: Commissioners Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Chairman Kaptain. Nays: None. Public Hearing on the Complaint in the Matter of the Retail Alcoholic Liquor Dealers License of Bowlway Enterprises, Inc. d/b/a Bowlway Lanes Located at 810 Villa 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 Moeller, to approve the stipulation and agreed order regarding the complaint against Bowlway Enterprises, Inc. d/b/a Bowlway Lanes located at 810 Villa Street. Upon a roll call vote: Yeas: Commissioners Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Chairman Kaptain. Nays: None. Public Hearing on the Application for a Class E-2 Liquor License for CWK Elgin LLC d/b/a Wingstop Located at 855 S. Randall Road Corporation Counsel Cogley provided an overview of the application and noted that staff recommended approval of the application subject to conditions outlined in the memo. He further noted they would not be seeking video gaming, and the license allowed for on premise sales of alcohol only. Liquor Commission Meeting January 8, 2014 Page 2 Commissioner Powell made a motion, seconded by Commissioner Moeller, to approve the application for a Class E-2 Liquor License, subject to conditions for CWK Elgin LLC d/b/a Wingstop located at 855 S. Randall Road. Upon a roll call vote: Yeas: Commissioners Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen and Chairman Kaptain. Nays: None. Discussion with Representatives from Crown Point Amusement, LLC d/b/a Java Jills, Regarding a Proposed Liquor License in Connection with a Proposed Coffee Shop and Video Gaming Establishment to be Located at 176 E. Chicago Street Corporation Counsel Cogley provided an overview of the proposal from Crown Point Amusement, LLC d/b/a Java Jills to be located at 176 E. Chicago Street. He noted that it was not a formal application and that the applicant asked to be placed on the agenda to be provided with feedback from the commission. Donald Thatcher, representative for Crown Point Amusement, LLC d/b/a Java Jills, was present to answer the commission’s questions. Mr. Thatcher provided a handout with details about their business plans and a possible floor plan for the establishment. There were questions regarding the company’s other locations, the percentage of sales from video gaming, if children are allowed in the establishment, the type of food that would be served, and the layout of the café. Chairman Kaptain asked if they would be in favor of allowing this type of establishment to have a liquor license. The consensus was the commission would not be in favor of allowing video gaming cafes in the city. Discussion with Representatives from Elgin Lodge No. 799 Loyal Order of Moose, Regarding an Incident at the Elgin Moose Lodge Located at 925 S. McLean Boulevard on September 27, 2013 Corporation Counsel Cogley reviewed the materials that were provided to the commission that outlined the incident at the Elgin Moose Lodge on September 27, 2013. Elgin Moose representatives Treasurer Ed Kenny, Governor Ed Bash, and Manager Boyd Purves were present to address questions and concerns from the commission. The representatives of the Lodge noted the disciplinary actions that were taken and noted that a member had voluntarily resigned their post. There was a discussion regarding the measures being taken to prevent future incidents. Those Lodge members present apologized for the actions of the members listed in the incident report towards police officers. It was noted that there were no violations cited or fines imposed and that this was an informal discussion regarding the incident that occurred on September 27, 2013. Liquor Commission Meeting January 8, 2014 Page 3 Adjournment Commissioner Moeller made a motion, seconded by Commissioner Dunne, to adjourn the meeting. Upon a roll call vote: Yeas: Commissioners Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Chairman Kaptain. Nays: None. Meeting adjourned at 5:35 p.m. s/ Kimberly Dewis February 12, 2014 Kimberly Dewis, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION MEETING February 12, 2014 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 (arrived at 4:42 p.m.), Gavin, Moeller, Powell, Prigge, Shaw, Steffen (arrived at 4:34 p.m.), and Chairman Kaptain. Absent: Commissioner Rauschenberger. Approval of Minutes Commissioner Gavin made a motion, seconded by Commissioner Shaw, to approve the minutes of the January 8, 2014, meeting. Upon a roll call vote: Yeas: Commissioners: Gavin, Moeller, Powell, Prigge, Shaw, and Chairman Kaptain. Nays: None. Public Hearing in the Matter of the Retail Alcoholic Liquor Dealers License of AJ Food Shop, Inc., located at 275 South McLean Boulevard, Elgin, Illinois 60123 Corporation Counsel Cogley provided an overview of the complaint and the proposed agreed order with a fine of $1,000.00. He stated this was the third offense of this establishment and it was recommended that the fine be higher as a result of the previous violations. He noted that the violation related to the sale of alcohol to a minor as part of a routine police department compliance operation. There was discussion regarding what other options there were for violations. Mr. Cogley noted that there were options of further fines and suspension of the license. Commissioner Moeller made a motion, seconded by Commissioner Powell, to approve the stipulation and agreed order regarding the complaint against AJ Food Shop, Inc., located at 275 South McLean Boulevard, Elgin, Illinois 60123. Upon a roll call vote: Yeas: Commissioners Gavin, Moeller, Powell, Prigge, Shaw, Steffen, and Chairman Kaptain. Nays: None. Public Hearing in the Matter of the Retail Alcoholic Liquor Dealers License of J&L Restaurant Corp., d/b/a Al’s Café and Creamery, located at 43 DuPage Court, Elgin, Illinois 60120 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 of alcohol to a minor as part of a routine police department compliance operation. Liquor Commission Meeting February 12, 2014 Page 2 Commissioner Gavin made a motion, seconded by Commissioner Shaw, to approve the stipulation and agreed order regarding the complaint against J&L Restaurant Corp., d/b/a Al’s Café and Creamery, located at 43 DuPage Court, Elgin, Illinois 60120. Upon a roll call vote: Yeas: Commissioners Gavin, Moeller, Powell, Prigge, Shaw, Steffen, and Chairman Kaptain. Nays: None. Public Hearing in the Matter of the Retail Alcoholic Liquor Dealers License of Carmina’s Restaurant & Banquets, Inc., located at 1055 N. Randall Road, Elgin, Illinois 60123 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 of alcohol to a minor as part of a routine police department compliance operation. Commissioner Shaw made a motion, seconded by Commissioner Gavin, to approve the stipulation and agreed order regarding the complaint against Carmina’s Restaurant & Banquets, Inc., located at 1055 N. Randall Road, Elgin, Illinois 60123. Upon a roll call vote: Yeas: Commissioners, Gavin, Moeller, Powell, Prigge, Shaw, Steffen, and Chairman Kaptain. Nays: None. Public Hearing In the Matter of the Retail Alcoholic Liquor Dealers License of V&T Brothers, Inc., d/b/a Extra Value Wines & Spirits, located at 3091 Route 20, #107-108, Elgin, Illinois 60124 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 of alcohol to a minor as part of a routine police department compliance operation. Commissioner Powell made a motion, seconded by Commissioner Moeller, to approve the stipulation and agreed order regarding the complaint against V&T Brothers, Inc., d/b/a Extra Value Wines & Spirits, 3091 Route 20, #107-108, Elgin, Illinois 60124. Upon a roll call vote: Yeas: Commissioners Gavin, Moeller, Powell, Prigge, Shaw, Steffen, and Chairman Kaptain. Nays: None. Public Hearing In the Matter of the Retail Alcoholic Liquor Dealers License of Maciano’s of Elgin, LLC, located at 3091 Route 20, #114, Elgin, Illinois 60124 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 of alcohol to a minor as part of a routine police department compliance operation. Liquor Commission Meeting February 12, 2014 Page 3 Commissioner Moeller made a motion, seconded by Commissioner Dunne, to approve the stipulation and agreed order regarding the complaint against Maciano’s of Elgin, LLC, 3091 Route 20, #114, Elgin, Illinois 60124. Upon a roll call vote: Yeas: Commissioners Dunne, Gavin, Moeller, Powell, Prigge, Shaw, Steffen, and Chairman Kaptain. Nays: None. Public Hearing In the Matter of the Retail Alcoholic Liquor Dealers License of Neighborhood Food & Liquor of Elgin Corp., d/b/a Neighborhood Package Liquors, 805 Walnut Avenue, Elgin, Illinois 60123 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 of alcohol to a minor as part of a routine police department compliance operation. There was discussion regarding signage and what the restrictions were for this class of license. Commissioner Steffen made a motion, seconded by Commissioner Moeller, to approve the stipulation and agreed order regarding the complaint against Neighborhood Food & Liquor of Elgin Corp., d/b/a Neighborhood Package Liquors, 805 Walnut Avenue, Elgin, Illinois 60123. Upon a roll call vote: Yeas: Commissioners Dunne, Gavin, Moeller, Powell, Prigge, Shaw, Steffen, and Chairman Kaptain. Nays: None. Public Hearing on the Application for a Class B-5 Liquor License of Highland Park CVS, LLC. d/b/a CVS Pharmacy #5829, 500 Dundee Avenue, Elgin, Illinois Corporation Counsel Cogley provided an overview of the application and noted that staff recommended approval of the application subject to conditions outlined in the memo. He outlined the parameters of the class of license including the type of alcohol allowed and the amount of floor space. There was discussion about the residential location of the business and the talks that were held with the neighborhood prior to the opening of the CVS. There was further discussion regarding the amount and type of signage and what changes there would be to the display and if the amount of floor space of the product would increase. Commissioner Dunne made a motion, seconded by Commissioner Shaw, to table the application for a Class B-5 Liquor License of Highland Park CVS, LLC. d/b/a CVS Pharmacy #5829, 500 Dundee Avenue, Elgin, Illinois. Upon a roll call vote: Yeas: Commissioners Dunne. Nays: Gavin, Moeller, Powell, Prigge, Shaw, Steffen and Chairman Kaptain. Liquor Commission Meeting February 12, 2014 Page 4 Commissioner Gavin made a motion, seconded by Commissioner Prigge, to approve the application for a Class B-5 Liquor License, subject to conditions for Highland Park CVS, LLC. d/b/a CVS Pharmacy #5829, 500 Dundee Avenue, Elgin, Illinois. Upon a roll call vote: Yeas: Commissioners Gavin, Powell, Prigge, Shaw, Steffen and Chairman Kaptain. Nays: Commissioners Dunne and Moeller. Public Hearing on Application for a Class B-1 Liquor License for 7-Eleven, Inc d/b/a 7- Eleven #27616H at 957 W. Summit Street, Elgin, Illinois Corporation Counsel Cogley provided an overview of the application and noted that staff recommended denial of the B-1 application however if the commission should determine to allow a license staff would recommend the Class B-4 license. Commissioner Powell made a motion, seconded by Commissioner Moeller, to table the application for a Class B-1 Liquor License for 7-Eleven, Inc d/b/a 7-Eleven #27616H at 957 W. Summit Street, Elgin, Illinois. Upon a roll call vote: Yeas: Commissioners Dunne, Gavin, Moeller, Powell, Prigge, Shaw, Steffen and Chairman Kaptain. Nays: None. Miscellaneous Commissioner Powell asked about the signage restrictions as they apply to certain liquor licenses and what is required by the sign code. There were concerns about improper signage and the impact on the neighborhood. Corporation Counsel Cogley would review the signage requirement and provide analysis to the commission. He would also provide details regarding the different B class licenses and offer ways to streamline the class Commissioner Dunne asked about a carry out license for special events in which alcohol is a raffle prize. Corporation Counsel Cogley would provide a legal review regarding this request. Adjournment Commissioner Moeller made a motion, seconded by Commissioner Steffen, 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 5:35 p.m. s/ Kimberly Dewis February 12, 2014 Kimberly Dewis, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION MEETING March 19, 2014 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 (arrived at 4:45 p.m.), Powell, Prigge, Rauschenberger, Shaw, Steffen, and Chairman Kaptain. Absent: Commissioner Dunne. Approval of Minutes Commissioner Gavin made a motion, seconded by Commissioner Steffen, to approve the minutes of the February 12, 2014, meeting. Upon a roll call vote: Yeas: Commissioners: Gavin, Powell, Prigge, Shaw, and Chairman Kaptain. Nays: None. Abstain: Commissioner Rauschenberger Public Hearing on Application for a Class B-4 Liquor License for 7-Eleven, Inc d/b/a 7- Eleven #27616H at 957 W. Summit Street, Elgin, Illinois (This Item Must Be Removed From the Table) Commissioner Shaw made a motion, seconded by Commissioner Gavin, to remove the application for a Class B-4 Liquor License for 7-Eleven, Inc. d/b/a 7-Eleven #27616H at 857 W. Summit Street Elgin, Illinois from the table. Upon a roll call vote: Yeas: Commissioners Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Chairman Kaptain. Nays: None. Corporation Counsel Cogley provided an overview of the application. He outlined the history of the types of liquor licenses at this location and noted that the B-4 license limits the area used for display for the sale of beer and wine to be less that 10% of the floor area. There was discussion regarding the proposed condition of replacing the non-conforming freestanding sign with a conforming monument sign. Representatives from 7-Eleven were present and provided information on the cost of replacing the sign. Commissioner Prigge made a motion, seconded by Commissioner Shaw, to approve a Class B-4 Liquor License, without the sign replacement condition, for 7-Eleven, Inc d/b/a 7-Eleven #27616H at 957 W. Summit Street, Elgin, Illinois. Upon a roll call vote: Yeas: Commissioners Gavin, Moeller, Prigge, Shaw, Steffen, and Chairman Kaptain. Nays: Commissioner Powell. Liquor Commission Meeting March 19, 2014 Page 2 Consideration of Ordinance Amending Certain Regulations with Respect to Class U Liquor Licenses Corporation Counsel Cogley outlined the proposed changes to the Class U Liquor Licenses. The change would prohibit persons under twenty-one from being in a bar area of a Class U establishment and limited persons under twenty one to separate dining areas. There was discussion regarding the impact on the businesses with this class license and how the change would be implemented. Commissioner Powell made a motion, seconded by Commissioner Moeller, approve an ordinance amending certain regulations with respect to Class U Liquor Licenses. Upon a roll call vote: Yeas: Commissioners Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen and Chairman Kaptain. Nays: None. Adjournment Commissioner Moeller made a motion, seconded by Commissioner Powell, to adjourn the meeting. Upon a roll call vote: Yeas: Commissioners Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Chairman Kaptain. Nays: None. Meeting adjourned at 5:05 p.m. s/ Kimberly Dewis April 9, 2014 Kimberly Dewis, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION MEETING April 9, 2014 The meeting was called to order by Chairman Kaptain at 4:35 p.m. in Multi-Purpose Room, 2nd Floor located at Elgin Police Department. Members present: Commissioners Gavin, Powell Prigge, Rauschenberger, Shaw, Steffen and Chairman Kaptain. Absent: Commissioner Dunne. Approval of Minutes Commissioner Powell made a motion, seconded by Commissioner Steffen, to approve the minutes of the March 19, 2014, regular meeting. Upon a roll call vote: Yeas: Commissioners Gavin, Powell Prigge, Rauschenberger, Shaw, Steffen and Chairman Kaptain. Nays: None. Chairman Kaptain indicated there would be a change in the order of the agenda moving Item F - Miscellaneous to the first item and then Item D and Item E. 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, 2014, through April 30, 2015 LIST A – COMPLETED APPLICATIONS 7-Eleven (McLean) A.J. Foodshop Afterset Aldi #38 Aldi #50 Alexander’s Restaurant Al’s Café & Creamery Boni Liquor Bowlway Lanes Burnt Toast Butera Market Carmina’s Restaurant &Banquets Centre Chicago Pizza Authority Chooch’s CVS Pharmacy #5829 D Hangout Danny’s Pizza Easton’s Redwood Inn Elgin Buffet Elgin Country Club Elgin Elks Lodge #737 Elgin Fresh Market Elgin Fruit Market Elgin Lanes Elgin Liquor and Wine Elgin Lodge No 799 Loyal Order of Moose Elgin Riverside Club Liquor Commission Meeting April 9, 2014 Page 2 Elgin Turners Extra Value Wine and Spirits Fatsoz Gasthaus Zur Linde Geno’s Fine Wine and Spirits Green Jade Restaurant Holiday Inn Hotel & Suites/Bennigan’s Grill Hoopers Sports Bar Hoppe’s Corner Islas Marias Restaurant #21 J.J. Peppers Foodstore Jimmy’s Charhouse Liberty Liquors Lone Star Steakhouse and Saloon Maciano’s Pizza and Pastaria Martini Room Meijer Store #183 Mel’s Pizza Mission/ Medusa’s Moon Food & Liquor Nail Art & Spa Neighborhood Package Liquors Nick’s Liquors Nick’s Pizza & Pub Noodles & Company Northwest Liquors Olde Towne Inn Osco Drug #3291 Osco Drug #3313 Otter Creek Wine & Spirits Owl’s Athletic Club Payless Tobacco and Liquor Prairie Rock Grill & Bar Price Rite Gas and Food Price Rite Liquor Rookies Sports Bar & Grill Sammy’s Mexican Restaurant Sam’s Club #4942 Shanghai Bangkok House Speedway #7514 Stop N Shop Super Saver Food Mart Sushi Station Target Store T-0834 VFW Watch City Post 1307 Villa Liquors Village Pizza and Pub Walgreens #02986 Walgreens #07100 Walgreens #12772 Walnut Speakeasy Wing Park Liquors Commissioner Steffen made a motion, seconded by Commissioner Gavin, to approve the complete applications which are detailed in List A, from the memo for liquor license renewals for May 1, 2014, through April 30, 2015. Upon a roll call vote: Yeas: Commissioners Gavin, Powell Prigge, Rauschenberger, Shaw, 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) 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) Liquor Commission Meeting April 9, 2014 Page 3 Commissioner Gavin made a motion, seconded by Commissioner Powell, to approve the exterior sales permits which are detailed in List B from the memo for liquor license renewals for May 1, 2014, through April 30, 2015. Upon a roll call vote Yeas: Commissioners Gavin, Powell Prigge, Rauschenberger, Shaw, Steffen and Chairman Kaptain. Nays: None. LIST C - YOUNG ADULT NIGHT PERMIT Mission/Medusa Commissioner Powell made a motion, seconded by Commissioner Steffen, to approve the young adult night permit which is detailed in List C from the memo for liquor license renewals for May 1, 2014, through April 30, 2015. Upon a roll call vote: Yeas: Commissioners Gavin, Powell Prigge, Rauschenberger, Shaw, Steffen and Chairman Kaptain. Nays: None LIST D - APPLICATIONS WITH ISSUES Insurance: These establishments have not turned in current dram shop insurance certificates. Casa Lara Elgin Public House Grand Victoria Casino Porter’s Pub Basset Cards: These establishments owe copies of Basset cards: Establishment Missing Cards American Legion Carol Evans, Rita Rucker Applebee’s Martin Mikolajczak Baker Hill Pancake House Wanda Ingle Big Skillet Restaurant Alex Escobar, Kathy Ray, Courtney Fahy Café Roma Neal Young Casa Lara Guillermo Lara; Jorge Mauricio; Ana Vazquez; Mirta Guzman Liquor Commission Meeting April 9, 2014 Page 4 McGruder’s Irish Pub Kendra Gordon Mr. Tequila de Elgin Roberto Lopez Osco 3291 Audrey Alonzo Prairie Rock Jessica Feliciano, Whitney Havill Walgreens 09439 Brenda Newton Shareholder issues: Silver Lake Restaurant – We show Brian Eng and Jason Eng, they list only Brian Eng Secretary of State Issues: Buena Vista Enterprises, Inc. d/b/a Mr. Tequila de Elgin - Dissolved Missing State License: Casa Lara Elgin Shell – The Grove Mart Estrellas de Millenium (expired) Missing Exhibits: Applebee’s – Exhibit B Wingstop – Exhibit B Finance: These establishments have outstanding fees or fines that are delinquent. Casa Lara – Ambulance Bill - $451.64 Hickory Stick Bar & Grill - Miscellaneous Rec $26,388.91 Mariscos El Amigo 2 – Citation $100.00 Mr. Tequila- $585.00 Elevator license Payless Tobacco & Liquor – water bill (Hina Thakkar) Walmart- $139.32 Trash pick up Commissioner Powell made a motion, seconded by Commissioner Steffen, to approve the applications with issues which are detailed in List D from the memo for liquor license renewals for May 1, 2014, through April 30, 2014. Upon a roll call vote: Yeas: Commissioners Gavin, Powell Prigge, Rauschenberger, Shaw, Steffen and Chairman Kaptain. Nays: None. Liquor Commission Meeting April 9, 2014 Page 5 Public Hearing on Class B Liquor License Application for Butera Finer Food, Inc d/b/a Butera Market, located at 20 Tyler Creek Corporation Counsel Cogley gave an overview of the application for the Class B license and noted that staff was recommending approval of the application subject to conditions outlined in the memo. Mr. Patel, owner of Boni Liquor located at 136 Tyler Creek Plaza, stated his concerns regarding the application for the Class B liquor license being presented by Butera Finer Food. He stated that with the other liquor licenses in the area, this additional license would further hurt business. Commissioner Gavin made a motion, seconded by Commissioner Steffen, to approve the Class B Liquor License Application Butera Finer Food, Inc d/b/a Butera Market, located at 20 Tyler Creek subject to the conditions listed in the memo. Upon a roll call vote: Yeas: Commissioners Gavin, Powell Prigge, Rauschenberger, Shaw, Steffen and Chairman Kaptain. Nays: None. Public Hearing on the Complaint in the Matter of Retail Alcoholic Liquor Dealers License of Gasthaus Zur Linde Inc. d/b/a Gasthaus Zur Linde located at 13-15 N. Grove Avenue Corporation Counsel Cogley outlined information for the record including a copy of the complaint, proof of service, the answer, the first amendment to the answer and procedures for the local liquor control commission. Chairman Kaptain ordered these items admitted into the record. Attorney for the City of Elgin, Stephen Tousey, made his opening statement regarding the alleged incidents of underage drinking and non-compliance with the Class U liquor license. Marc Muscarello, attorney for the complainant, provided his opening statement which included information from the Elgin Municipal Code that outlined the requirement of a Class U liquor license and noted the pending Circuit Court case. Mr. Muscarello entered four motions for the Liquor Commission Chair to consider:  Motion number one: asked that the Liquor Commission recuse itself from the hearing.  Motion number two: asked that the hearing be continued until after Circuit Court rules on matters directly related to hearing and the commission’s authority.  Motion number three: asked to dismiss paragraphs one through three of the complaint.  Motion number four: asked to dismiss paragraphs four through six of the complaint. Liquor Commission Meeting April 9, 2014 Page 6 Chairman Kaptain considered each motion and denied each of the four motions presented by Mr. Muscarello. Detective Wolek was sworn in and provided his work history with the department. Detective Wolek stated because of his work with the department he was familiar with Mr. Sandoval and his age. Attorney Tousey asked to admit City Exhibit One: receipt of beer purchase into evidence. The exhibit was admitted without objection. He further asked to admit City Exhibit Two: video of Adam Sandoval at the Gasthaus into evidence. The exhibit was admitted without objection. Attorney Tousey called Detective Wolek to testify about what he saw in the video. He stated the person in the video was Mr. Sandoval and that he appeared to have purchased a pitcher of beer at the bar. Attorney Muscarello asked Detective Wolek how the receipt and video were obtained. The detective indicated that the owners of the Gasthaus had provided the information. Mr. Muscarello further asked Detective Wolek if, in the video, it appeared that Mr. Sandoval had presented identification to the Gasthaus employee at the door. Mr. Wolek indicated it was uncertain what was handed to the employee. Mr. Muscarello asked if Mr. Sandoval was charged with underage drinking and Detective Wolek indicated he was not charged. Mr. Tousey asked Mr.Wolek if Mr. Sandoval had been charged with any other matters and the detective indicated that he had been charged with mob action and armed violence. Commissioners asked about the age required to enter the establishment and how many security guards were working that evening. Chairman Kaptain stated the hearing would be continued to May 14, 2014 at the Police Department in the 2nd Floor Multipurpose Room. Adjournment Commissioner Prigge made a motion, seconded by Commissioner Gavin, to adjourn the meeting. Upon a roll call vote: Yeas: Commissioners Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Chairman Kaptain. Nays: None. Meeting adjourned at 5:54 p.m. s/ Kim Dewis Kim Dewis, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION MEETING May 14, 2014 The meeting was called to order by Chairman Kaptain at 4:00 p.m. in Multi-Purpose Room, 2nd Floor located at Elgin Police Department. Members present: Commissioners Dunne (arrived at 4:35 p.m.), Gavin, Powell (arrived at 4:08 p.m.), Prigge, Rauschenberger, Shaw, Steffen and Chairman Kaptain. Absent: None. Approval of Minutes Commissioner Gavin made a motion, seconded by Commissioner Shaw, to approve the minutes of the April 9, 2014, meeting. Upon a roll call vote: Yeas: Commissioners: Gavin, Prigge, Rauschenberger, Shaw, Steffen, and Chairman Kaptain. Nays: None. Public Hearing on Class B Liquor License Application for Larkin’s Discount Liquor LLC d/b/a Larkin’s Discount Liquor, located at 1817 Larkin Avenue Corporation Counsel Cogley provided an overview of the application for the Class B liquor license for Larkin’s Discount Liquor LLC d/b/a Larkin’s Discount Liquor to be located at 1817 Larkin Avenue. Staff recommended approval subject to the following conditions: approval of occupancy, proof of liquor liability insurance, and the creation of an additional Class B liquor license by city council. Commissioner Steffen made a motion, seconded by Commissioner Shaw, to approve the application for a Class B Liquor License for Larkin’s Discount Liquor LLC d/b/a Larkin’s Discount Liquor, located at 1817 Larkin Avenue. Subject to the conditions outlined in the memo. Upon a roll call vote: Yeas: Commissioners Gavin, Prigge, Rauschenberger, Shaw, Steffen, and Chairman Kaptain. Nays: None. Public Hearing on the Complaint in the Matter of the Retail Alcoholic Liquor Dealers License of Glogovsky Oil Company d/b/a Grove Mart, located at 2320 N. Randall Road 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 of alcohol to a minor as part of a routine police department compliance operation. Liquor Commission Meeting May 14, 2014 Page 2 Commissioner Gavin made a motion, seconded by Commissioner Steffen, to approve the stipulation and agreed order regarding the complaint against Glogovsky Oil Company d/b/a Grove Mart, located at 2320 N. Randall Road. Upon a roll call vote: Yeas: Commissioners Gavin, Prigge, Rauschenberger, Shaw, Steffen, and Chairman Kaptain. Nays: None. Public Hearing on the Complaint in the Matter of the Retail Alcoholic Liquor Dealers License of Bond Drug Company of Illinois, LLC d/b/a Walgreens #02986, located at 815 Summit 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 of alcohol 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 Bond Drug Company of Illinois, LLC d/b/a Walgreens #02986, located at 815 Summit Street. Upon a roll call vote: Yeas: Commissioners, Gavin, Prigge, Rauschenberger, Shaw, Steffen, and Chairman Kaptain. Nays: None. Public Hearing on the Complaint in the Matter of the Retail Alcoholic Liquor Dealers License of Suvagia Brothers Inc., d/b/a Villa Liquors, located at 695 Villa 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 of alcohol to a minor as part of a routine police department compliance operation. Mr. Cogley noted that the licensee has not had a violation in over ten years. Commissioner Steffen made a motion, seconded by Commissioner Prigge, to approve the stipulation and agreed order regarding the complaint against Suvagia Brothers Inc., d/b/a Villa Liquors, located at 695 Villa Street. Upon a roll call vote: Yeas: Commissioners Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Chairman Kaptain. Nays: None. Public Hearing on the Complaint in the Matter of the Retail Alcoholic Liquor Dealers License of Yoshuaa, Inc., d/b/a Casa Lara, located at 7 Clock Tower Plaza 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 of alcohol to a minor as part of a routine police department compliance operation. Liquor Commission Meeting May 14, 2014 Page 3 Commissioner Steffen made a motion, seconded by Commissioner Powell, to approve the stipulation and agreed order regarding the complaint against Yoshuaa, Inc., d/b/a Casa Lara, located at 7 Clock Tower Plaza. Upon a roll call vote: Yeas: Commissioners Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Chairman Kaptain. Nays: None. There was discussion regarding the process of how the liquor establishments are checked and how often. Representatives from the Police Department indicated that each establishment is checked at least once during the year and the most recent effort was in conjunction with the State inspections. They further stated that those establishments that passed the inspection receive a letter. Public Hearing on the Complaint in the Matter of the Retail Alcoholic Liquor Dealers License of Gasthaus Zur Linde Inc. d/b/a Gasthaus Zur Linde, located at 13-15 N. Grove Avenue Mayor Kaptain reviewed the public hearing of the complaint to date, noting this was a continuation of the hearing of April 9, 2014. Attorney Tousey, for the City of Elgin, called Officer Randy Fries to testify. Officer Fries was sworn and testified to his duties with the Police Department included patrolling downtown bars. Officer Fries testified to why he was called to the Gasthaus and what he saw, the condition of the establishment and if anyone was present when he arrived at the location. Attorney Tousey showed the video from the night in question. Mr. Tousey asked if there was any food present in the video or when Officer Fries was at the Gasthaus that evening. Officer Fries indicated he did not see any food present or any wait staff that evening. Attorney Muscarello asked Officer Fries about what he saw at the Gasthaus on the night in question and if he had reviewed the security tape that had been provided. Mr. Muscarello further asked if there was food present and if the officer had been looking specifically for food. Officer Fries indicated he saw no food items but was not specifically looking for it. Attorney Muscarello moved for a direct finding because the burden of proof had not been meet with regards to the underage drinking and operating outside the Class U license. There was discussion regarding case law surrounding verifying proof of age. It was determined that this motion was out of order. Mr. Muscarello presented Exhibits 1-15, and Exhibit 36 which consisted of the State of Illinois Liquor Control Act, the Elgin Municipal Code, minutes from the Elgin Liquor Control Commission meetings and Ordinance G18-14 passed by the Elgin City Council. Mr. Tousey objected to the Exhibits and stated they were not appropriate as evidence. After a brief discussion it was determined that these items would not be entered into evidence but the commission would take judicial notice of these items and make it part of the proceedings. Liquor Commission Meeting May 14, 2014 Page 4 Mr. Muscarello called Billy Diaz, security employee, to testify about security procedures at the Gasthaus, including acceptable identification to allow entry into the establishment. Mr. Diaz noted there is a sign posted at the door that no one under 21 years old was allowed inside and that all persons were asked for identification. Mr. Muscarello called Donald Neuzil, Gasthaus’ kitchen manager, to identify Exhibit 17, the menu from the Gasthaus. Mr. Muscarello presented Exhibit 17 and asked to have it moved into evidence. The exhibit was accepted into evidence with no objection. Mr. Muscarello called Christine Orozco, manager of the Gasthaus, to testify. He reviewed with her a letter dated April 11, 2013 from Elgin Police Department noting compliance of the underage sting operation (Exhibit 18), and a floor plan of the Gasthaus (Exhibit 19). Both exhibits were moved into evidence without objections. She further noted that she had a meeting with city to make changes to help prevent future incidents. She also testified to the time the DJ started on that evening and if she knew the amount of food that was sold after 10 p.m. She indicated she did not recall the amount and would need to consult receipts. The Commission asked questions regarding new rules and procedures, training for the new procedures and when they began. There was discussion and clarification regarding a letter received by the Gasthaus outlining potential consequences under the City’s nuisance property law. Miscellaneous Commissioner Dunne made a motion, seconded by Commissioner Steffen, to reconvene the Public Hearing on the Complaint in the Matter of the Retail Alcoholic Liquor Dealers License of Gasthaus Zur Linde Inc. d/b/a Gasthaus Zur Linde, located at 13-15 N. Grove Avenue until June 11, 2014 at 4:00 p.m. at the same location. Upon a roll call vote: Yeas: Commissioners Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Chairman Kaptain. Nays: None. Adjournment Commissioner Steffen made a motion, seconded by Commissioner Shaw, to adjourn the meeting. Upon a roll call vote: Yeas: Commissioners Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Chairman Kaptain. Nays: None. Meeting adjourned at 5:50 p.m. s/ Kimberly Dewis Kimberly Dewis, Recording Secretary Date Approved Liquor Commission Meeting May 14, 2014 Page 5 ELGIN LIQUOR CONTROL COMMISSION MEETING June 11, 2014 The meeting was called to order by Chairman Kaptain at 4:00 p.m. in Multi-Purpose Room, 2nd Floor located at Elgin Police Department. Members present: Commissioners Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen (arrived at 4:08 p.m.) and Chairman Kaptain. Absent: Commissioner Dunne. Approval of Minutes Commissioner Prigge made a motion, seconded by Commissioner Gavin, to approve the minutes of the May 14, 2014, meeting. Upon a roll call vote: Yeas: Commissioners: Gavin, Prigge, Rauschenberger, Shaw, and Chairman Kaptain. Nays: None. Present: Commissioner Martinez Public Hearing on Class B-4 Liquor License Application for The Pride Stores Inc. d/b/a The Pride of Elgin, located at 1700 N. State Street Corporation Counsel Cogley provided an overview of the application for the Class B-4 liquor license for The Pride Stores Inc. d/b/a The Pride of Elgin, located at 1700 N. State Street Staff recommended approval subject to the following conditions: receipt of satisfactory background checks, proof of required BASSET training, and the creation of an additional Class B-4 liquor license by city council. Commissioner Steffen made a motion, seconded by Commissioner Shaw, to approve the application for a Class B-4 Liquor License for The Pride Stores Inc. d/b/a The Pride of Elgin, located at 1700 N. State Street subject to the conditions outlined. Upon a roll call vote: Yeas: Commissioners Gavin, Martinez, Prigge, Rauschenberger, Shaw, and Chairman Kaptain. Nays: None. Public Hearing on the Complaint in the Matter of the Retail Alcoholic Liquor Dealers License of Eaton’s Redwood Inn located at 118 W. 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 of alcohol to a minor as part of a routine police department compliance operation and the establishment had not had a complaint since 2004. Liquor Commission Meeting June 11, 2014 Page 2 Commissioner Powell, made a motion, seconded by Commissioner Shaw, to approve the stipulation and agreed order regarding the complaint against Eaton’s Redwood Inn located at 118 W. Chicago Street. Upon a roll call vote: Yeas: Commissioners Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, and Chairman Kaptain. Nays: None. Public Hearing on the Complaint in the Matter of the Retail Alcoholic Liquor Dealers License of Gasthaus Zur Linde Inc. d/b/a Gasthaus Zur Linde, located at 13-15 N. Grove Avenue Mayor Kaptain reviewed the public hearing of the complaint to date, noting this was a continuation of the hearing of May 14, 2014. Attorney Muscarello called Marco Muscarello to testify. He stated he was the owner of the Gasthaus Zur Linde and provided his job history. He then identified Exhibit 40, a point of sale software report with data on sales from the night of March 2 and 3, 2013. Attorney Muscarello asked Mr. Muscarello to identify the following exhibits: Exhibit 19 - a floor plan for the Gasthaus Zur Linde Exhibit 21 - 2012 renewal of food/liquor gross Exhibit 22 - 2011 renewal of food/liquor gross Exhibit 23 - 2010 renewal of food/liquor gross All the exhibits were admitted without objection. The commission judicial took notice of the copies of the liquor commission minutes that detailed the renewal action by the commission of the last several years. Attorney Muscarello asked Mr. Muscarello about his familiarity with the Class R liquor license (nightclub). Attorney Tousey objected for relevance and Mayor Kaptain sustained the objection. Attorney Muscarello then asked the witness about the Class U liquor license, its restrictions and allowances including music, stage, food and liquor sales, as well as required floor space. Attorney Muscarello asked Mr. Muscarello about a meeting with city representatives and their recommendations to prevent future incidents. Attorney Muscarello asked about the time frame between the beginning of negotiations for the potential sale of the Tower Building and the filing of this complaint and the passage of the chronic nuisance ordinance. Attorney Tousey objected to these questions on the basis of relevance and that they were argumentative. Mayor Kaptain sustained the objections. Liquor Commission Meeting June 11, 2014 Page 3 Attorney Muscarello asked the witness to identify Exhibit 31, a letter to chief of police dated April 25, 2014, which was admitted into evidence with no objections. The witness stated the letter discussed an increased police presence around the Gasthaus Zur Linde and its impact on business. Attorney Tousey objected to these statements on the basis of relevance and Mayor Kaptain sustained this objection. The commission members asked questions and discussed the voluntary and temporary closing of Gasthaus Zur Linde. Attorney Tousey questioned Mr. Muscarello regarding the Class U liquor license and the intent to serve meals noting that Exhibit 40, which contained sales figures, indicated that less than 9% of sales were food. Mr. Tousey asked if Exhibit 19, the floor plan, reflected how the tables were set up on the night of the incident and the witness was uncertain if that was the case. There was discussion regarding the differences in local city ordinances and the state statute regarding providing false identification to purchase alcoholic liquor. Attorney Tousey offered Exhibit 3, the security video from March 3, 2013, to which Attorney Muscarello objected to on grounds of relevance. Mayor Kaptain overruled the objection and Exhibit 3 was entered into evidence. Attorney Tousey questioned Sgt. Jim Lalley regarding his work history with the Elgin Police Department, including special assignments, and his knowledge of the maintenance of department arrest records. Attorney Tousey asked the witness to identify Exhibit 4, a print-out of the records management booking information for Adon Sandoval including his date of birth of April 26, 1993. Sgt. Lalley further identified Exhibit 5, a print out of Illinois Secretary of State Information, including an image, from Adon Sandoval’s driver’s license that indicated his birthday is April 26, 1993. Mayor Kaptain stated that there would be a review of exhibits to confirm the items that had been submitted into evidence. He further noted that the meeting would be adjourned until the next Liquor Commission meeting on July 9, 2014, to conclude the hearing. The City’s Exhibits were: 1) copy of a credit card receipt from Gasthaus Zur Linde; 2) video footage from May 10, 2013; 3) video footage from March 3, 2013 ; 4) Police Department’s Records Management System booking information for Adon Sandoval; 5) Illinois Driver’s License information from Adon Sandoval. The Licensee’s Exhibits were: 17) memo; 19) site plan of Gasthaus Zur Linde; 40) point of sales information from March 2-3, 2013; Exhibit 21-23) monthly sales information; 31) letter dated April 25, 2014; 20) advertising from Danny’s Pizza; 16) driver’s license examples; 18) letter from police department regarding successful completion of underage establishment check. Liquor Commission Meeting June 11, 2014 Page 4 Adjournment Commissioner Gavin made a motion, seconded by Commissioner Shaw, to adjourn the meeting. Upon a roll call vote: Yeas: Commissioners Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Chairman Kaptain. Nays: None. Meeting adjourned at 5:39 p.m. s/ Kimberly Dewis July 9, 2014 Kimberly Dewis, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION MEETING July 9, 2014 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 (arrived at 4:35 p.m.) Gavin, Martinez, Powell (arrived at 4:40 p.m.), Prigge, Rauschenberger, Shaw, Steffen (arrived at 4:32 p.m.) and Chairman Kaptain. Absent: None. Approval of Minutes Commissioner Gavin made a motion, seconded by Commissioner Shaw, to approve the minutes of the June 11, 2014, meeting. Upon a roll call vote: Yeas: Commissioners: Gavin, Martinez, Prigge, Rauschenberger, Shaw, and Chairman Kaptain. Nays: None. Public Hearing on Class F Liquor License Application for Pita Puff Inc. d/b/a Pita Puff, located at 512 Waverly Drive Corporation Counsel Cogley provided an overview of the application for the Class F Liquor License Application for Pita Puff Inc. d/b/a Pita Puff, located at 512 Waverly Drive. Staff recommended denial of the application as presented. Mr. Cogley noted that the floor plan indicated there would be five video gaming stations and it would create a type of video gaming café. He noted that the Commission previously had not been in favor of such establishments locating in the city. The store owner, Ghassen Abboud, indicated he was willing to amend his application to reflect no video gaming machines in the establishment. Commissioner Dunne made a motion, seconded by Commissioner Gavin, to continue public hearing for the application for a Class F Liquor License Application for Pita Puff Inc. d/b/a Pita Puff, located at 512 Waverly Drive until such time that the applicant submits an amended application. Upon a roll call vote: Yeas: Commissioners Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Chairman Kaptain. Nays: None. Public Hearing on Class E-1 Liquor License Application for Abe Froeman’s LLC d/b/a Abe Froeman’s, located at 74 S. Grove Avenue Corporation Counsel Cogley provided an overview of the Class E-1 Liquor License Application for Abe Froeman’s LLC d/b/a Abe Froeman’s, located at 74 S. Grove Avenue. Staff recommended approval of the application with the following conditions: amending the current Liquor Commission Meeting July 9, 2014 Page 2 E-1 to reduce the minimum dining capacity to not less than 45 persons, creation of an additional Class E-1 and occupancy approval. There was discussion regarding the differences between table load and occupancy load and if matching the two requirements would be beneficial to the applicants. Commissioner Gavin, made a motion, seconded by Commissioner Powell, to approve the Class E-1 Liquor License Application for Abe Froeman’s LLC d/b/a Abe Froeman’s, located at 74 S. Grove Avenue, subject to the conditions outlined. Upon a roll call vote: Yeas: Commissioners Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, and Chairman Kaptain. Nays: None. Consideration of a proposed amendment to the Class N liquor license for the Grand Victoria Casino to allow sales at the adjacent Festival Park in conjunction with special events approved by the city Corporation Counsel Cogley provided an overview of the amendment to the Class N liquor license that is currently held by the Grand Victoria Casino. Currently the Grand Victoria Casino has obtained Class K-1 license for the special entertainment events being held at Festival Park. These licenses are restricted to no more than five in one calendar year. It was recommended to amend the current Class N to allow for the retail sale of alcohol on the adjacent city-owned Festival Park in conjunction with special events approved by the city. Commissioner Shaw made a motion, seconded by Commissioner Dunne, to move forward with the proposed amendment to the Class N license to allow the sale of alcoholic liquor by the Grand Victoria Casino on the adjacent city owned Festival Park in conjunction with special events approved by the city. Upon a roll call vote: Yeas: Commissioners Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Chairman Kaptain. Nays: None. Consideration of a proposed amendment to the city’s liquor code to create a new liquor license classification for art galleries Corporation Counsel Cogley provided background information regarding the proposed amendment to the liquor code to create a new classification for art galleries. The license would allow for consumption on the premises of beer and wine only, no entrance fee to be charged, no exterior signage and an annual fee of $100. Staff recommended approval of the creation of a new Class Y liquor license for art galleries. The commission discussed limiting the number of days and hours, if it should be limited to only not for profit groups, and if there would be any impact on the area restaurants. The commission directed staff to draft an ordinance based on the discussion. Liquor Commission Meeting July 9, 2014 Page 3 Miscellaneous Commissioner Dunne noted that Colonial Ice Cream was advertising the sale of alcohol at their Elgin location. Staff stated that they were in the process and the commission would be seeing their application after the Conditional Use was approved by City Council. Commissioner Powell asked staff to provide the calls for service for Nick’s Liquor in Clock Tower Plaza. Adjournment Commissioner Dunne made a motion, seconded by Commissioner Steffen, to adjourn the meeting. Upon a roll call vote: Yeas: Commissioners Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Chairman Kaptain. Nays: None. Meeting adjourned at 5:25 p.m. s/ Kimberly Dewis August 13, 2014 Kimberly Dewis, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION MEETING August 13, 2014 The meeting was called to order by Chairman Kaptain at 4:00 p.m. in Multi-Purpose Room, 2nd Floor located at Elgin Police Department. Members present: Commissioners Dunne (arrived at 4:52p.m.), Gavin, Martinez, Powell (arrived at 4:03 p.m.), Prigge, Rauschenberger, Shaw, and Chairman Kaptain. Absent: Commissioner Steffen. Approval of Minutes Commissioner Shaw made a motion, seconded by Commissioner Gavin, to approve the minutes of the July 9, 2014, meeting. Upon a roll call vote: Yeas: Commissioners: Gavin, Martinez, Prigge, Rauschenberger, Shaw, and Chairman Kaptain. Nays: None. Public Hearing on the Class F Liquor License Application for Pita Puff Inc. d/b/a Pita Puff, located at 512 Waverly Drive Corporation Counsel Cogley provided an overview of the application for the Class F liquor license application for Pita Puff Inc. d/b/a Pita Puff, located at 512 Waverly Drive. He noted that the applicant had submitted a revised application indicating they would not be pursuing video gaming if the liquor license were to be granted. There was a discussion regarding the implications if a licensee were to add video gaming after stating in their application that they were not pursing it. Corporation Counsel Cogley noted that it would be a violation of the liquor license and they would be subject to fines and possible revocation of their license. Commissioner Shaw made a motion, seconded by Commissioner Prigge, to approve the application for a Class F Liquor License for Pita Puff Inc. d/b/a Pita Puff, located at 512 Waverly Drive subject to the conditions outlined. Upon a roll call vote: Yeas: Commissioners Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, and Chairman Kaptain. Nays: None. Public Hearing on Class E Liquor License Application for Colonial Ice Cream Inc. d/b/a Colonial Café & Ice Cream, located at 600 South McLean Commissioner Gavin, made a motion, seconded by Commissioner Martinez, to approve the application for a Class E Liquor License Application for Colonial Ice Cream Inc. d/b/a Colonial Café & Ice Cream, located at 600 South McLean. Upon a roll call vote: Yeas: Commissioners Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, and Chairman Kaptain. Nays: None. Liquor Commission Meeting August 13, 2014 Page 2 Public Hearing on the Exterior Sales Permit Application for Jimmy’s Charhouse of Elgin d/b/a Jimmy’s Charhouse, located at 2290 Point Blvd Corporation Counsel Cogley provided an overview of the application and noted that the Conditional Use for this location had been approved. Commissioner Powell made a motion, seconded by Commissioner Shaw, to approve the application for an Exterior Sales Permit for Jimmy’s Charhouse of Elgin d/b/a Jimmy’s Charhouse, located at 2290 Point Blvd. Upon a roll call vote: Yeas: Commissioners Gavin, Martinez, Prigge, Rauschenberger, Shaw, and Chairman Kaptain. Nays: None. Public Hearing on the Complaint in the Matter of the Retail Alcoholic Liquor Dealers License of Gasthaus Zur Linde Inc. d/b/a Gasthaus Zur Linde, located at 13-15 N. Grove Avenue Mayor Kaptain reviewed the public hearing of the complaint to date and stated that the final arguments would be heard. Attorney Muscarello read an informal offer of proof. Corporation Counsel Cogley noted that this action puts information into the record should the matter be appealed and should not be considered for this hearing. Attorney Tousey and Attorney Muscarello each provided their closing arguments restating the main points of their case. Mayor Kaptain at 4:45 p.m. called for an executive session to deliberate the matter before the Liquor Commission. The Liquor Commission reconvened into open session at 5:23 p.m. Commissioner Shaw made a motion, seconded by Commissioner Gavin, to find the Gasthaus Zur Linde Inc. guilty of the allegation of sale to a minor and impose a fine of $500 and not guilty of allegation of operating outside the parameter of the Class U Liquor License. Upon a roll call vote: Yeas: Commissioners Gavin, Powell, Prigge, Rauschenberger, Shaw, and Chairman Kaptain. Nays: None. Abstain: Commissioners Dunne and Martinez. Councilmember Prigge stated his concerns with the Class U license and suggested that the class may need to be altered. It was noted that the final order for this matter would be drafted and presented at the next Liquor Commission meeting. Liquor Commission Meeting August 13, 2014 Page 3 Adjournment Commissioner Gavin made a motion, seconded by Commissioner Shaw, to adjourn the meeting. Upon a roll call vote: Yeas: Commissioners Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Chairman Kaptain. Nays: None. Meeting adjourned at 5:39 p.m. s/ Kimberly Dewis July 9, 2014 Kimberly Dewis, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION MEETING September 10, 2014 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. Members present: Commissioners Dunne Gavin, Powell, Rauschenberger, Shaw, Steffen, and Chairman Kaptain. Absent: Commissioner Martinez, Prigge. Approval of Minutes Commissioner Shaw made a motion, seconded by Commissioner Gavin, to approve the minutes of the August 13, 2014, meeting. Upon a roll call vote: Yeas: Commissioners: Dunne, Gavin, Powell, Rauschenberger, Shaw, and Chairman Kaptain. Nays: None. Abstain: Commissioner Steffen. Public Hearing on the Complaint in the Matter of the Retail Alcoholic Liquor Dealers License of Gasthaus Zur Linde Inc. d/b/a Gasthaus Zur Linde, located at 13-15 N. Grove Avenue Corporation Counsel Cogley presented a written draft order based on the discussion at the Liquor Commission meeting held on August 13, 2014. He outlined the terms of the order as follows: the Gasthaus Zur Linde Inc. is guilty of the allegation of sale to a minor and a fine of $500 is being imposed, and the Gasthaus Zur Linde is not guilty of the allegation of operating outside the parameter of the Class U Liquor License. Commissioner Powell made a motion, seconded by Commissioner Shaw, to accept the final order as drafted in which the Gasthaus Zur Linde Inc. is found guilty of the allegation of sale to a minor and impose a fine of $500, and not guilty of the allegation of operating outside the parameter of the Class U Liquor License. Upon a roll call vote: Yeas: Commissioners Gavin, Powell, Rauschenberger, Shaw, and Chairman Kaptain. Nays: None. Abstain: Commissioners Dunne and Steffen. Councilmember Shaw stated his concerns with the Class U license and suggested that a different class license would better suit the business. Liquor Commission Meeting September 10, 2014 Page 2 Miscellaneous Commissioner Dunne asked about the status of his request about raffles being held at licensed establishments. There were concerns about taking alcoholic liquor raffles off premises and that being a violation of the establishment’s liquor licenses. Adjournment Commissioner Gavin made a motion, seconded by Commissioner Steffen, to adjourn the meeting. Upon a roll call vote: Yeas: Commissioners Dunne, Gavin, Powell, Rauschenberger, Shaw, Steffen, and Chairman Kaptain. Nays: None. Meeting adjourned at 4:40 p.m. s/ Kimberly Dewis October 8, 2014 Kimberly Dewis, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION MEETING October 8, 2014 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. Members present: Commissioners Dunne (arrived at 4:35 p.m.) Gavin, Martinez, Powell, Prigge Rauschenberger, Shaw, Steffen (arrived at 4:35 p.m.), and Chairman Kaptain. Absent: None. Approval of Minutes Commissioner Gavin made a motion, seconded by Commissioner Martinez, to approve the minutes of the September 10, 2014, meeting. Upon a roll call vote: Yeas: Commissioners: Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, and Chairman Kaptain. Nays: None. Public Hearing on Class A Liquor License Application for Family Entertainment LLC d/b/a Marcus Cinemas Elgin, located at 111 South Randall Road Corporation Counsel Cogley provided an overview of the Class A liquor license application for Family Entertainment LLC d/b/a Marcus Cinemas Elgin located at 111 South Randall Road. Staff was not recommending approval of the Class A application, but if the commission would like to move forward a new class could be drafted for their consideration. Representatives from the corporation were present to address questions and concerns from the commission. They noted the policies and procedures they utilize at the other locations such as a drink limit, age verification for all patrons, and self-monitoring. There was a discussion regarding the training and age of staff, the type of alcohol they would like to serve, and the reasons they are making this request. Commissioner Dunne made a motion, seconded by Commissioner Powell, to direct staff to create an alcoholic liquor license appropriate for a movie theatre for further review by the Commission. Upon a roll call vote: Yeas: Commissioners Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, and Chairman Kaptain. Nays: None. Liquor Commission Meeting October 8, 2014 Page 2 Proposal for a Liquor License for On Premises Consumption and Video Gaming at The Grove Mart, 2320 N. Randall Road Corporation Counsel Cogley provided a history for the establishment and outlined the proposal for adding on premises consumption and video gaming. Mr. Glogosky, owner of the Grove Mart, provided information regarding the proposal including the proposed lay out and the reasons for the request. There was discussion regarding gaming cafes, truck stops and requirements of the state to allow for video gaming. It was the consensus of the commission to not move forward with this proposal to allow on premise consumption and video gaming at this location. Adjournment Commissioner Shaw made a motion, seconded by Commissioner Steffen, to adjourn the meeting. Upon a roll call vote: Yeas: Commissioners Dunne, Gavin, Powell, Rauschenberger, Shaw, Steffen, and Chairman Kaptain. Nays: None. Meeting adjourned at 5:06 p.m. s/ Kimberly Dewis November 5, 2014 Kimberly Dewis, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION MEETING November 5, 2014 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. Members present: Commissioners Gavin, Powell, Prigge Rauschenberger, Shaw, Steffen, and Chairman Kaptain. Absent: Commissioners Dunne and Martinez. Approval of Minutes Commissioner Gavin made a motion, seconded by Commissioner Steffen, to approve the minutes of the October 8, 2014, meeting. Upon a roll call vote: Yeas: Commissioners: Gavin, Powell, Prigge, Rauschenberger, Shaw, and Chairman Kaptain. Nays: None. Public Hearing on Class A Liquor License Application for Family Entertainment LLC d/b/a Marcus Cinemas Elgin, located at 111 South Randall Road Corporation Counsel Cogley provided a review of the Class A liquor license application for Family Entertainment LLC d/b/a Marcus Cinemas Elgin located at 111 South Randall Road. At the direction of the commission staff drafted an ordinance for a new liquor license class for their consideration. Mr. Cogley highlighted points of the ordinance including service hours, service area, designated containers, and limits on the sale of alcoholic beverages. Representatives from the corporation were present to address questions and concerns from the commission. There was discussion regarding the use of wristbands, compliance checks, and issues related to underage drinking. Commissioner Steffen made a motion, seconded by Commissioner GAvin, approved the new liquor license Class Z, as presented, for the Family Entertainment LLC d/b/a/ Marcus Cinemas Elgin located at 111 South Randall Road. Upon a roll call vote: Yeas: Commissioners Gavin, Powell, Prigge, Rauschenberger, Shaw, and Chairman Kaptain. Nays: None. Consideration of New E-4 Liquor License Classification for Restaurants and Public Hearing on Class E-4 Liquor License Application for RJ Marin & Company, Inc. d/b/a Solo located at 13 Douglas Avenue Liquor Commission Meeting November 5, 2014 Page 2 Corporation Counsel Cogley provided a review of the proposed ordinance creating the Class E-4 liquor license and the application for RJ Marin and Company d/b/a Solo located at 13 Douglas Avenue. Mr. Cogley noted that this license would allow for a restaurant and an off-premise component allowing for a wine club. There was discussing about the wine club concept, if there would be a dress code, live music or video gaming. Commissioner Shaw made a motion, seconded by Commissioner Powell, approved the new liquor license Class E-4, as presented, for use by the Family Entertainment LLC d/b/a/ Marcus Cinemas Elgin located at 111 South Randall Road. Upon a roll call vote: Yeas: Commissioners Gavin, Powell, Prigge, Rauschenberger, Shaw, and Chairman Kaptain. Nays: None. Abstain: Commissioner Steffen Adjournment Commissioner Powell made a motion, seconded by Commissioner Shaw, to adjourn the meeting. Upon a roll call vote: Yeas: Commissioners Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Chairman Kaptain. Nays: None. Meeting adjourned at 5:06 p.m. s/ Kimberly Dewis November 5, 2014 Kimberly Dewis, Recording Secretary Date Approved ELGIN LIQUOR CONTROL COMMISSION MEETING December 3, 2014 The meeting was called to order by Chairman Kaptain at 4:00 p.m. in Conference Room 208, South Wing of Elgin City Hall. Members present. Members present: Commissioners Gavin, Martinez, Powell (4:02 p.m.), Prigge, Rauschenberger, Shaw, Steffen, and Chairman Kaptain. Absent: Commissioners Dunne. Approval of Minutes Commissioner Gavin made a motion, seconded by Commissioner Shaw, to approve the minutes of the November 5, 2014, meeting. Upon a roll call vote: Yeas: Commissioners: Gavin, Prigge, Rauschenberger, Shaw, and Chairman Kaptain. Nays: None. Public Hearing on Class E Liquor License Application for Dublin Mule Inc. d/b/a Dublin Mule, located at 1350 E. Chicago Street Assistant Corporation Counsel Christopher Beck provided a review of the Class E liquor license application for Dublin Mule Inc. d/b/a Dublin Mule, located at 1350 E. Chicago Street. He noted that the establishment did not meet the criteria for the Class E and staff was recommending approval of a Class E-3 which would better suit the proposed business. Commissioner Powell made a motion, seconded by Commissioner Steffen, approve a Class E 3 liquor license, subject to the conditions outlined, for the for Dublin Mule Inc. d/b/a Dublin Mule, located at 1350 E. Chicago Street. Upon a roll call vote: Yeas: Commissioners Gavin, Powell, Prigge, Rauschenberger, Shaw, and Chairman Kaptain. Nays: None. Consideration of the 2015 Liquor Commission Meeting Schedule Commissioner Shaw made a motion, seconded by Commissioner Gavin, to approve the proposed 2015 Liquor Commission Meeting Schedule. Upon roll call vote: Yeas: Commissioners Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Chairman Kaptain. Nays: None. Liquor Commission Meeting December 3, 2014 Page 2 2015 MEETING SCHEDULE ELGIN LIQUOR COMMISSION January 14, 2015 February 11, 2015 March 18, 2015 April 8, 2015 May 6, 2015 June 10, 2015 July 8, 2015 August 12, 2015 September 9, 2015 October 14, 2015 November 4, 2015 December 2, 2015 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. Adjournment Commissioner Shaw made a motion, seconded by Commissioner Powell, to adjourn the meeting. Upon a roll call vote: Yeas: Commissioners Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Chairman Kaptain. Nays: None. Meeting adjourned at 4:09 p.m. s/ Kimberly Dewis January 14, 2015 Kimberly Dewis, Recording Secretary Date Approved