HomeMy WebLinkAbouta - January 13, 2016 LCM
ELGIN LIQUOR CONTROL COMMISSION MEETING
January 13, 2016
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, Martinez,
Prigge, Rauschenberger, and Chairman Kaptain. Absent: Commissioners Powell, Shaw, and
Steffen.
Approval of Minutes
Commissioner Gavin made a motion, seconded by Commissioner Steffen, to approve the
minutes of the December 2, 2015, meeting. Upon a roll call vote: Yeas: Commissioners Gavin,
Prigge, Rauschenberger, and Chairman Kaptain. Nays: None. Abstain: Commissioners Dunne
and Martinez.
Public Hearing on consideration of an Application for a Class A Liquor License by Grotto
at Elgin Corporation d/b/a The Grotto at the Grove at 2300 N. Randall Road, Unit D
Corporation Counsel Cogley provided an overview of the application noting the floor plans have
been prepared to provide that the video gaming areas on the premises will be less than 10% of
the licensed premises, consistent with the liquor commission’s previous stance that video gaming
should be limited to an accessory use of liquor license premises. Staff recommended approval
subject to conditions outlined in the memo.
Commissioner Dunne made a motion, seconded by Commissioner Gavin, to approve the
application for a Class A liquor license by the Grotto at Elgin Corporation d/b/a The Grotto at
the Grove at 2300 N. Randall Road, Unit D. Upon a roll call vote: Yeas: Commissioners Dunne,
Gavin, Martinez, Prigge, Rauschenberger, and Chairman Kaptain. Nays: None.
Public Hearing on consideration of an Application for a Class B-5 Liquor License by Oasis
on 20, Inc. d/b/a Oasis on 20 at 38 W 191 US Route 20
Corporation Counsel Cogley provided an overview of the application noting that the property
was recently annexed into the city in December and the establishment would not be qualified for
a video gaming license. Staff recommended approval subject to the conditions outlined in the
memo.
There was discussion regarding the proximity of residential homes as well as locations of other
liquor stores in the area.
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January 13, 2016
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Commissioner Gavin made a motion, seconded by Commissioner Martinez, to approve the
application for a Class B-5 liquor license by Oasis on 20, Inc. d/b/a Oasis on 20 located at
38W191 U.S. Route 20. Upon a roll call vote: Yeas: Commissioners Gavin, Martinez, Prigge,
Rauschenberger, and Chairman Kaptain. Nays: Commissioner Dunne.
Public Hearing on consideration of an Application for a Class E-1 Liquor License by
Azteca De Oro Restaurants, Banquets & Events, LLC d/b/a Azteca De Oro Restaurant at
260 National Street
Corporation Counsel Cogley provided an overview of the application noting several concerns
regarding the establishment: the type of license applied for being inconsistent with the location,
open and ongoing criminal investigation regarding stolen equipment inside the establishment,
and the establishment advertising services and operating without an occupancy permit on New
Year’s Eve. Staff recommended denial of the application.
There was discussion regarding the owner of the establishment, the ongoing criminal
investigation, the type of license that could be issued for the establishment based on its location
and proximity to schools and residential areas. The applicant was not present.
Commissioner Dunne made a motion, seconded by Commissioner Martinez, to deny the
application for a Class E-1 liquor license by Azteca De Oro Restaurants, Banquets & Events,
LLC d/b/a Azteca De Oro Restaurant located at 260 National Street. Upon a roll call vote: Yeas:
Commissioners Dunne, Gavin, Martinez, Prigge, Rauschenberger, and Chairman Kaptain. Nays:
None.
Public Hearing on consideration of an Application for a Class F Liquor License by ZZA
Factory Inc. d/b/a 1 for the Road at 751 N. State Street
Corporation Counsel Cogley provided an overview of the application stating staff was
recommending denial of the application based on the following factors: the president and 50%
owner of the corporation was convicted of a Class 4 felony for a hate crime and has not provided
sufficient evidence of rehabilitation or explanation for the felony, the application describes the
establishment as a fast food restaurant however a Class F license is for a dine-in establishment,
as well as various issues regarding the floor plan of the establishment and the applicants
intention to add video gaming.
There was discussion regarding what the Elgin Municipal Code and Video Gaming Code
stipulates regarding people with felonies receiving liquor licenses, the type of restaurant and the
business plan for the establishment, how alcohol would be served within the establishment,
concerns regarding video gaming, and the previous liquor licenses issued to that location.
The applicant, Mr. Caruso answered various questions regarding the business and the felony
conviction shown on his background check. He stated that the felony conviction should only be
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January 13, 2016
Page 3
shown as a misdemeanor and not a felony, and that he served community service and paid a fine
for the incident. He also stated that while the business is currently listed as a fast food restaurant
their intention is to move to more of a dine-in business model that includes video gaming. Mr.
Caruso also noted that the floor plan was not accurate and he could provide an updated version to
the commission at a later date.
The commission discussed continuing the public hearing to allow the applicant to provide the
following information for review: an updated and accurate floor plan for the establishment, a
complete current menu and business plan for the premises, the percentage of take-out food
versus food sold for consumption on the premises, and any and all documentation regarding the
previous criminal conviction of Mr. Caruso for a hate crime.
Commissioner Dunne made a motion, seconded by Commissioner Gavin, to continue the public
hearing for the application of a Class F liquor license by ZZA Factory Inc. d/b/a 1 for the Road at
751 N. State Street. Upon a roll call vote: Yeas: Commissioners Dunne, Gavin, Martinez,
Prigge, Rauschenberger, and Chairman Kaptain. Nays: None.
Miscellaneous
Commissioner Dunne requested an update regarding the outdoor seating located at the site of the
old Mr. Tequila’s Restaurant. Corporation Counsel Cogley stated that the seating had been
removed by the Public Works department.
Adjournment
Commissioner Dunne made a motion, seconded by Commissioner Martinez, to adjourn the
meeting. Upon a roll call vote: Yeas: Commissioners Dunne, Gavin, Martinez, Prigge,
Rauschenberger, and Chairman Kaptain. Nays: None.
Meeting adjourned at 5:14 p.m.
s/ Jennifer Quinton February 10, 2016
Jennifer Quinton, Recording Secretary Date Approved