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HomeMy WebLinkAboutb - February 13, 2019 LCM ELGIN LIQUOR CONTROL COMMISSION MEETING February 13, 2019 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, Martinez, Powell (4:38 p.m.), Rauschenberger (4:32 p.m.), Shaw, Steffen, and Chairman Kaptain. Members absent: Commissioner Dixon. Approval of Minutes Commissioner Gavin made a motion, seconded by Commissioner Martinez, to approve the minutes of the January 9, 2018, meeting. Upon a roll call vote: Yeas: Commissioners Gavin, Martinez, Shaw, and Chairman Kaptain. Nays: None. Commissioner Steffen abstained. Consideration of Stipulation and Agreed Order Regarding the Liquor Commission Complaint in the Matter of the Retail Alcoholic Liquor Dealers License of Alexander’s Restaurant, Inc. d/b/a Alexander’s Restaurant, Located at 1725 N. State Street, Elgin, Illinois 60123, LC 2018-4 Corporation Counsel Cogley described the nature of the complaint, sale to a minor. He noted that this was the first offense within a five year time period, therefore a $500 fine was being recommended. Commissioner Steffen made a motion, seconded by Commissioner Shaw, to approve the stipulation and agreed order LC 2018-4 against Alexander’s Restaurant, Inc. d/b/a Alexander’s Restaurant, located at 1725 N. State Street, Elgin, Illinois 60123. Upon a roll call vote: Yeas: Commissioners Gavin, Martinez, Shaw, Steffen, and Chairman Kaptain. Nays: None. Consideration of Stipulation and Agreed Order Regarding the Liquor Commission Complaint in the Matter of the Retail Alcoholic Liquor Dealers License of Mariscos El Charco, Inc. d/b/a Mariscos El Charco, Located at 302 S. McLean Boulevard, Unit G, Elgin, Illinois 60123, LC 2018-5 Corporation Counsel Cogley described the nature of the complaint, sale to a minor. He noted that this was the first offense within a five year time period, therefore a $500 fine was being recommended. Liquor Commission Meeting February 13, 2019 Page 2 There was discussion regarding the sting operations being conducted by the Elgin Police Department and the number of establishments found to be in violation. Commissioner Shaw made a motion, seconded by Commissioner Gavin, to approve the stipulation and agreed order LC 2018-5 against Mariscos El Charco, Inc. d/b/a Mariscos El Charco, located at 302 S. McLean Boulevard, Unit G, Elgin, Illinois 60123. Upon a roll call vote: Yeas: Commissioners Gavin, Martinez, Rauschenberger, Shaw, Steffen, and Chairman Kaptain. Nays: None. Consideration of Stipulation and Agreed Order Regarding the Liquor Commission Complaint in the Matter of the Retail Alcoholic Liquor Dealers License of Kann, Inc. d/b/a Otter Creek Wine and Spirits, Located at 250 S. Randall Road, Unit C, Elgin, Illinois 60123, LC 2018-6 Corporation Counsel Cogley described the nature of the complaint, sale to a minor. He noted that this was the second offense within a five year time period, therefore a $750 fine was being recommended. There was discussion regarding the five year time period being the standard history timeframe for offenses and how the fines were determined for the complaints. Commissioner Gavin made a motion, seconded by Commissioner Martinez, to approve the stipulation and agreed order LC 2018-6 against Kann, Inc. d/b/a Otter Creek Wine and Spirits, located at 250 S. Randall Road, Unit C, Elgin, Illinois 60123. Upon a roll call vote: Yeas: Commissioners Gavin, Martinez, Rauschenberger, Shaw, Steffen, and Chairman Kaptain. Nays: None. Consideration of Stipulation and Agreed Order Regarding the Liquor Commission Complaint in the Matter of the Retail Alcoholic Liquor Dealers License of Taylor Street Pizza, Inc. d/b/a Taylor Street Pizza, Located at 745 E. Chicago Street, Unit A, Elgin, Illinois 60123, LC 2018-7 Corporation Counsel Cogley described the nature of the complaint, sale to a minor. He noted that this was the first offense within a five year time period, therefore a $500 fine was being recommended. Commissioner Steffen made a motion, seconded by Commissioner Martinez, to approve the stipulation and agreed order LC 2018-7 against Taylor Street Pizza, Inc. d/b/a Taylor Street Pizza, located at 745 E. Chicago Street, Unit A, Elgin, Illinois 60123. Upon a roll call vote: Yeas: Commissioners Gavin, Martinez, Rauschenberger, Shaw, Steffen, and Chairman Kaptain. Nays: None. Liquor Commission Meeting February 13, 2019 Page 3 Consideration of Stipulation and Agreed Order Regarding the Liquor Commission Complaint in the Matter of the Retail Alcoholic Liquor Dealers License of Carmina’s Restaurant & Banquets, Inc. d/b/a Carmina’s Restaurants & Banquets, Located at 1055 N. Randall Road, Elgin, Illinois 60123, LC 2018-8 Corporation Counsel Cogley described the nature of the complaint, sale to a minor. He noted that this was the first offense within a five year time period, therefore a $500 fine was being recommended. Commissioner Steffen made a motion, seconded by Commissioner Shaw, to approve the stipulation and agreed order LC 2018-8 against Carmina’s Restaurant & Banquets, Inc. d/b/a Carmina’s Restaurants & Banquets, located at 1055 N. Randall Road, Elgin, Illinois 60123. Upon a roll call vote: Yeas: Commissioners Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Chairman Kaptain. Nays: None. Motion for Voluntary Dismissal Without Prejudice Regarding the Liquor Commission Complaint in the Matter of Retail Alcoholic Liquor Dealers License of Elgin Area Table LLC a/k/a Uncorporate American Beverage Company d/b/a Elgin Area Taproom, located at 51 S. Grove Avenue, Elgin, Illinois 60120, LC 2018-9 Corporation Counsel Cogley described the nature of the complaint, which included sale to a minor and being open past business hours. He noted that this business was no longer operating and recommended dismissing the complaint without prejudice and refiling the complaint through the adjudication process. There was discussion regarding when the licensee terminated their lease with the landlord, the viability of the business entity, and the process of adjudication. Commissioner Powell made a motion, seconded by Commissioner Steffen, to approve voluntary dismissal without prejudice regarding the Liquor Commission Complaint LC 2018-9 against Elgin Area Table LLC a/k/a Uncorporate American Beverage Company d/b/a Elgin Area Taproom, previously located at 51 S. Grove Avenue, Elgin, Illinois 60120. Upon a roll call vote: Yeas: Commissioners Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Chairman Kaptain. Nays: None. Consideration of Draft Ordinance Relating to Video Gaming Licensing by the City Corporation Counsel Cogley provided an overview of the history of video gaming and noted how many establishments currently had video gaming terminals. Mr. Cogley provided information from surrounding communities and highlighted how they handled permitting and fees for video gaming terminals. He proposed two licensing fees for video gaming – one that the establishments would pay per video gaming terminal, and another for the video gaming distributors. Liquor Commission Meeting February 13, 2019 Page 4 There was discussion regarding making video gambling an accessory use, the impact of licensing on existing establishments, revenue generated by the machines, permit fees for video gaming distributors, video gaming terminal fees for the establishments, and how the revenue from the permits could be utilized. Adjournment Commissioner Shaw made a motion, seconded by Commissioner Gavin, to adjourn the meeting. Upon a roll call vote: Yeas: Commissioners Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Chairman Kaptain. Nays: None. Meeting adjourned at 5:14 p.m. s/ Jennifer Quinton March 6, 2019 Jennifer Quinton, Recording Secretary Date Approved