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HomeMy WebLinkAboutg - August 14, 2019 LCM ELGIN LIQUOR CONTROL COMMISSION MEETING August 14, 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 Dixon, Gavin, Lopez, Shaw, and Chairman Kaptain. Nays: None. Approval of Minutes Commissioner Gavin made a motion, seconded by Commissioner Dixon, to approve the minutes of the July 10, 2019 meeting. Upon a roll call vote: Yeas: Commissioners Dixon, Gavin, Lopez, Shaw, and Chairman Kaptain. Nays: None. Public Hearing on the Application for a Class E-2 Liquor License Big Sammy's Hot Dogs II, Inc. d/b/a Big Sammy's Hotdogs located at 2490 Bushwood Drive Corporation Counsel Cogley provided an overview of the application noting based upon a review of the menu the establishment that it appears to be a fast food or fast casual type of restaurant. He also stated the floor plan submitted by the applicant appears to identify 17 tables which would result in a capacity to serve to meals to 34 persons and the Class E-2 license requires a capacity to serve meals to not less than 45 persons at any one time. The application and the premises therefore do not comply with the requirements of the Class E-2 liquor license. Corporation Counsel Cogley noted that the applicant has also stated in the application that the applicant would be applying for a video gaming license to conduct video gaming at the premises sought to be licensed as a Class E-2. Under the nature of entertainment proposed to be offered at the premises the applicant has also stated that it intends to provide video slots. The attached floor plan does not identify proposed video gaming areas as required by Section 6.06.070B of the city's liquor code. Additionally, pursuant to the recently adopted ordinance relating to video gaming licenses, the city has capped the number of video gaming licenses at 148 based upon the previously issued number of video gaming licenses. Therefore, there is not currently a video license which would be available to this applicant. Staff recommended denial of the application for the Class E-2 liquor license. There was discussion regarding safety measures, dramshop insurance, and basset training. Commissioner Shaw questioned if the applicant had liquor licenses at their other locations in different communities. The applicant, Sam Fallico, stated that they currently did not serve alcohol at the other locations, but that they would likely be applying for them in the future in order to stay in business due to their customers requesting it. Liquor Commission Meeting August 14, 2019 Page 2 Commissioner Gavin stated he was amenable to approving an appropriate liquor license class to the applicant without video gaming. Corporation Counsel Cogley stated that the applicant would be eligible for a Class F liquor license which would not allow them to obtain a video gaming license within the City. Mr. Fallico stated he was willing to change his application for liquor license to a Class F license without video gaming. Commissioner Gavin made a motion, seconded by Commissioner Lopez, to approve an amended application for a Class F liquor license without video gaming for Big Sammy's Hot Dogs II Inc., d/b/a Big Sammy's Hotdogs, at 2490 Bushwood Drive. Upon a roll call vote: Yeas: Commissioners Dixon, Gavin, Lopez, Shaw, and Chairman Kaptain. Nays: None. Public Hearing on the Application for a Class B-5 Liquor License Rajshree Inc. d/b/a 7-Eleveen located at 811 East Chicago Street Corporation Counsel Cogley provided an overview of the application noting the applicant currently holds a Class B-4 license and is seeking to change their license class to a B-5 which authorizes the sale of all types alcoholic liquor not limited to just beer and wine in the original package for consumption off premises and subject to the further limitation that the area(s) used for the displays for the sale of alcoholic liquor shall be in total less than ten (10%) percent of the building floor area of the premises. He stated the licensee would be surrendering its existing Class B-4 license for a Class B-5 license and would therefore not be required to pay the $5,000 fee for a second time. Staff recommended approval subject to conditions outlined in the memo. Commissioner Dixon made a motion, seconded by Commissioner Lopez, to approve the application by Rajshree Inc. d/b/a 7-Eleven for a Class B-5 liquor license for the premises at 811 East Chicago Street subject to the conditions outlined in the memo. Upon a roll call vote: Yeas: Commissioners Dixon, Gavin, Lopez, Shaw, and Chairman Kaptain. Nays: None. Miscellaneous There was discussion regarding the flexibility of capping the number of video gaming licenses within the City of Elgin, over saturation of the market of businesses with video gaming, and possibly requiring establishments to be in business for one year before they are allowed to apply for a video gaming license. It was noted that most establishments that currently have video gaming are in favor of capping the number of video gaming licenses within the city in order to prevent over saturation of the market. Corporation Counsel Cogley noted that video gaming licenses were currently capped at 148, but the flexibility of the cap was up to the liquor commission and could be amended at their discretion with City Council approval. Liquor Commission Meeting August 14, 2019 Page 3 Adjournment Commissioner Dixon made a motion, seconded by Commissioner Lopez, to adjourn the meeting. Upon a roll call vote: Yeas: Commissioners Dixon, Gavin, Lopez, Shaw, and Chairman Kaptain. Nays: None. Meeting adjourned at 5:05 p.m. s/ Jennifer Quinton September 11, 2019 Jennifer Quinton, Recording Secretary Date Approved