HomeMy WebLinkAboutg - July 8, 2015 LCC
ELGIN LIQUOR CONTROL COMMISSION MEETING
July 8, 2015
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, Martinez
(arrived at 4:32 p.m.), Powell, Rauschenberger, Shaw, Steffen, and Chairman Kaptain. Absent:
Commissioner Prigge.
Approval of Minutes
Commissioner Gavin made a motion, seconded by Commissioner Shaw, to approve the minutes
of the June 10, 2015, meeting. Upon a roll call vote: Yeas: Commissioners Dunne, Gavin,
Powell, Rauschenberger, Shaw, Steffen, and Chairman Kaptain. Nays: None.
Public Hearing on application by RAM Food Store, LLC. d/b/a RAM Food located at 725
West Chicago Street for a Class B-3 Liquor License
Corporation Counsel William Cogley provided an overview of the application, noting that the
application was for Class B-3, which allows for package goods and limits the floor space for the
product. Mr. Cogley noted that the required conditional use was approved by City Council and
that staff was recommending approval of the Class B-3 liquor license application.
There was discussion regarding the type of products and the amount of floor space that was
allowed.
Commissioner Dunne made a motion, seconded by Commissioner Shaw, to approve the
application, subject to conditions, for a Class B-3 Liquor License for RAM Food Store, LLC.
d/b/a RAM Food located at 725 West Chicago Street. Upon a roll call vote: Yeas:
Commissioners Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, and Chairman Kaptain.
Nays: None.
Public Hearing on application by Olde Towne Inn Inc. d/b/a Olde Towne Inn located at 412
Bluff City Boulevard for a Class E-3 Liquor License and Consideration of Amended
Application for a Class A Liquor License
Corporation Counsel William Cogley provided an overview of the application. Mr. Cogley noted
that the floor plan provided did not support the seating requirement for a Class E-3 and staff was
recommending approval of a Class A Liquor License.
Liquor Commission Meeting
July 8, 2015
Page 2
There was discussion regarding the status of the sale of the property, the occupancy load, the
floor plan requirements and the timing of creating a new Class A liquor license.
Commissioner Shaw made a motion, seconded by Commissioner Gavin, to approve the
application by Olde Towne Inn, Inc. d/b/a Olde Towne Inn located at 412 Bluff City Boulevard
an amended application, subject to conditions, for a Class A Liquor License. Upon a roll call
vote: Yeas: Commissioners Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, and
Chairman Kaptain. Nays: None.
Discussion of Issues regarding Gasthaus Zur Linde, Inc. d/b/a Gasthaus at 13-15 North
Grove Avenue, Including Compliance with Applicable Liquor License Regulations and
Discussion of Licensee's Request for Reconsideration of the Denial of an Exterior Sales
Permit
Corporation Counsel Cogley provided an overview of the issues regarding Gasthaus Zur Linde at
13-15 North Grove Avenue. The primary areas of concern were the licensee not meeting the
Class U requirement of the regular service of meals and the number of police calls to the
establishment from 2:00 a.m. to 3:00 a.m. Mr. Cogley outlined potential remedies including
changing the class of liquor license; changing the hours of operation; changing the requirement
of food sales to 50%; and requiring a minimum number of dining areas to be maintained.
In a communication to the Legal Department, the Gasthaus Zur Linde asked for reconsideration
of the denial of the exterior sales permit application. Corporation Counsel revisited the issues
that determined the denial including, the location in the street, the lack of food service, and the
previously granted exterior sales permit operated outside the designated hours of operation.
Mr. Cogley addressed retaliation allegations against the Gasthaus Zur Linde for filing litigation
against the city and that being the cause of the liquor commission actions. He stated that was not
the case and the actions were based on the Gasthaus Zur Linde not operating within the Class U
requirements and the number of police calls to the location.
Commissioners expressed their concerns over the number of police calls, the licensee continuing
to operate outside of Class U liquor license requirements and the exterior sales permit.
Charles Muscarello, attorney for the Gasthaus Zur Linde, addressed the commission regarding
their concerns. He noted the licensee’s work with the Police Department to decrease the number
of police calls including increasing security and implementing a dress code. He stated that his
client would be open to changing to a Class A license but with the 3:00 a.m. closing time and
asked that the commission reconsider the exterior sales permit as it had been approved in the
past.
Due to the time the commission determined to continue the discussion at the next meeting on
August 12, 2015.
Liquor Commission Meeting
July 8, 2015
Page 3
Adjournment
Commissioner Gavin made a motion, seconded by Commissioner Steffen, to adjourn the
meeting. Upon a roll call vote: Yeas: Commissioners Dunne, Gavin, Martinez, Powell,
Rauschenberger, Shaw, Steffen, and Chairman Kaptain. Nays: None.
Meeting adjourned at 5:52 p.m.
s/ Kimberly Dewis August 12, 2015
Kimberly Dewis, Recording Secretary Date Approved