Liquor Commission — Naperville, IL
Date: 2021-04-08

400 S. Eagle Street
 City of Naperville Naperville, IL 60540



 Meeting Agenda

 Liquor Commission

Thursday, April 8, 2021 3:00 PM On Zoom Due to COVID



CITY OF NAPERVILLE PUBLIC MEETINGS UPDATE:
On Friday, June 12, 2020, an amendment to the Open Meetings Act was signed into law. This
new law replaces the gubernatorial executive order concerning the Open Meetings Act and
allows public bodies to temporarily conduct meetings remotely during a state of emergency,
subject to certain requirements, including a determination by the head of the public body that an
in-person meeting is not practical or prudent.

Pursuant to Section 120/7(e) of the Illinois Open Meetings Act, the continuation of the Governor’s
disaster proclamation, and Mayor Chirico’s executive order determining that in-person public
meetings are not currently practical or prudent because of the COVID-19 pandemic, we are
holding the March 4, 2021 Liquor Commission meeting remotely.

TO JOIN A MEETING: The meeting will be conducted using the Zoom Video Conferencing. You
do not need to download any software or create an account to participate.

To login on your computer or iPad:
Click the link to join the webinar, the password is provided on this agenda. Once connected, if
you choose to speak, click the “Raise Hand” button at the bottom of Zoom screen and wait for the
Chairman to recognize you. When it is your turn to speak, you will be unmuted. There will be a few
second delay after you are unmuted until your mic will be live. Please identify yourself for the
public record and speak clearly.

To login on your phone:
For iPhones, use the iPhone one-tap number provided on this agenda.
For telephones, dial one of the numbers provided and join the meeting by using meeting ID and
password provided on this agenda.
Once connected to the meeting, press *9 to “raise your hand” and wait for the Chairman to
recognize you. When it is your turn to speak, you will be unmuted. There will be a few second
delay after you are unmuted until your mic will be live. Please identify yourself for the public record
and speak clearly.

PARTICIPATION GUIDELINES: All viewpoints are welcome. Positive comments and constructive
criticism are encouraged. Speakers must refrain from harassing or directing threats or personal
attacks at Commissioners, staff, other speakers or members of the public. Comments made to
intentionally disrupt the meeting may be managed as necessary to maintain appropriate
decorum and allow for city business to be accomplished.



City of Naperville Page 1 Printed on 4/7/2021
Liquor Commission Meeting Agenda April 8, 2021



Join from a PC, Mac, iPad, iPhone or Android device:
  Please click this URL to join. https://zoom.us/j/91912018591?
pwd=bmtUYmhiVHIrODRWRWxuakYvUWpCQT09
  Passcode: 293649

Or One tap mobile:
  +13126266799,,91912018591#,,,,*293649# US (Chicago)
  +19292056099,,91912018591#,,,,*293649# US (New York)

Or join by phone:
  Dial(for higher quality, dial a number based on your current location):
 US: +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592 or +1 669 900 6833 or +1
253 215 8782 or +1 346 248 7799
  Webinar ID: 919 1201 8591
  Passcode: 293649
  International numbers available: https://zoom.us/u/adpFE5synq

A. CALL TO ORDER:

B. ROLL CALL:

C. PUBLIC FORUM:

D. OLD BUSINESS:
 21-0473 Consider Tasting DeVine’s request to amend the Class S1 license


E. NEW BUSINESS:
 21-0474 Consider Center Stage’s request to amend the Class R - Legitimate
 Theater House liquor license

F. REPORTS:
 21-0472 Approve the regular Liquor Commission meeting minutes of March 4, 2021


 1. Restaurant Association Report - Jeffries

 2. BASSET- Employee Training Statistics - Riggs

 3. Tobacco Enforcement Review - Riggs

 4. Liquor Report - Riggs



City of Naperville Page 2 Printed on 4/7/2021
Liquor Commission Meeting Agenda April 8, 2021



 5. Liquor Concept Committee Update - Barfuss


G. EXECUTIVE SESSION:

H. ADJOURNMENT:
 Any individual with a disability requesting a reasonable accommodation in order to
 participate in a public meeting should contact the Communications Department at least
 48 hours in advance of the scheduled meeting. The Communications Department can
 be reached in person at 400 S. Eagle Street, Naperville, IL., via telephone at
 630-420-6707 or 630-305-5205 (TDD) or via e-mail at info@naperville.il.us. Every effort
 will be made to allow for meeting participation.




City of Naperville Page 3 Printed on 4/7/2021

City of Naperville

 400 S. Eagle Street
 Naperville, IL 60540




Meeting Minutes - Final

  Thursday, April 8, 2021

 3:00 PM



  On Zoom Due to COVID



 Liquor Commission
Liquor Commission Meeting Minutes - Final April 8, 2021


CITY OF NAPERVILLE PUBLIC MEETINGS UPDATE:
On Friday, June 12, 2020, an amendment to the Open Meetings Act was signed into law. This
new law replaces the gubernatorial executive order concerning the Open Meetings Act and allows
public bodies to temporarily conduct meetings remotely during a state of emergency, subject to
certain requirements, including a determination by the head of the public body that an in-person
meeting is not practical or prudent.

Pursuant to Section 120/7(e) of the Illinois Open Meetings Act, the continuation of the Governor’s
disaster proclamation, and Mayor Chirico’s executive order determining that in-person public
meetings are not currently practical or prudent because of the COVID-19 pandemic, we are
holding the March 4, 2021 Liquor Commission meeting remotely.

TO JOIN A MEETING: The meeting will be conducted using the Zoom Video Conferencing. You
do not need to download any software or create an account to participate.

To login on your computer or iPad:
Click the link to join the webinar, the password is provided on this agenda. Once connected, if
you choose to speak, click the “Raise Hand” button at the bottom of Zoom screen and wait for the
Chairman to recognize you. When it is your turn to speak, you will be unmuted. There will be a few
second delay after you are unmuted until your mic will be live. Please identify yourself for the
public record and speak clearly.

To login on your phone:
For iPhones, use the iPhone one-tap number provided on this agenda.
For telephones, dial one of the numbers provided and join the meeting by using meeting ID and
password provided on this agenda.
Once connected to the meeting, press *9 to “raise your hand” and wait for the Chairman to
recognize you. When it is your turn to speak, you will be unmuted. There will be a few second
delay after you are unmuted until your mic will be live. Please identify yourself for the public record
and speak clearly.

PARTICIPATION GUIDELINES: All viewpoints are welcome. Positive comments and constructive
criticism are encouraged. Speakers must refrain from harassing or directing threats or personal
attacks at Commissioners, staff, other speakers or members of the public. Comments made to
intentionally disrupt the meeting may be managed as necessary to maintain appropriate decorum
and allow for city business to be accomplished.
 Present 9- Mayor Steve Chirico, Charles Maher, Mitch Stauffer, Joe Vozar, Scott Wehrli,
 Kimberly White, Anthony Signorella, Karyn Charvat, and Dana Davenport




City of Naperville Page 1 Printed on 6/4/2021
Liquor Commission Meeting Minutes - Final April 8, 2021

Join from a PC, Mac, iPad, iPhone or Android device:
  Please click this URL to join. https://zoom.us/j/91912018591?
pwd=bmtUYmhiVHIrODRWRWxuakYvUWpCQT09
  Passcode: 293649

Or One tap mobile:
  +13126266799,,91912018591#,,,,*293649# US (Chicago)
  +19292056099,,91912018591#,,,,*293649# US (New York)

Or join by phone:
  Dial(for higher quality, dial a number based on your current location):
 US: +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592 or +1 669 900 6833 or +1
253 215 8782 or +1 346 248 7799
  Webinar ID: 919 1201 8591
  Passcode: 293649
  International numbers available: https://zoom.us/u/adpFE5synq

A. CALL TO ORDER:

 Mayor Chirico called the meeting to order at 3:00 PM

B. ROLL CALL:
 Present 9- Mayor Steve Chirico, Charles Maher, Mitch Stauffer, Joe Vozar, Scott Wehrli,
 Kimberly White, Anthony Signorella, Karyn Charvat, and Dana Davenport




 Staff Present: Miranda Barfuss, Assistant to City Council; Jennifer Lutzke,
 Senior Assistant City Attorney; Rachel Pruneda, Administrative Assistant; Dan
 Riggs, Police Detective

C. PUBLIC FORUM:

 None

D. OLD BUSINESS:

 Consider Tasting DeVine’s request to amend the Class S1 license
 Attachments: Class S1 amendment

 Lutzke reviewed the draft ordinance amending the Class S1 license. The text
 amendment includes a definition of small batch whiskey, a square footage
 requirement, allows on-premise consumption of 3 oz craft distilled whiskey or
 small batch whiskey, 18 oz of wine or 32 oz of craft beer per person per day. It
 also allows for off-premise sale of craft beer, wine and craft distilled whiskey or
 small batch whiskey in its original package. It leaves the tasting hours and
 annual fee in place. The petitioner agrees with the draft ordinance but has
 requested a lower fee.

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Liquor Commission Meeting Minutes - Final April 8, 2021



 Mayor Chirico reviewed that this is a municipal code change that, if approved by
 the Liquor Commission, goes to the City Council for final approval.

 Wehrli reported that he approves of the draft amendment commenting on the
 square footage, special product offering and that it accommodates a
 long-standing and problem-free liquor license holder. He noted a scrivener error
 in the definition of small batch whiskey correcting “small bath productions” to
 “small batch productions.” Maher asked how the fee is determined. Lutzke
 reported that the Liquor Commission considered comparisons in other
 municipalities when creating the S1 class and decided that it was a fair fee for
 the Vom Foss model at the time. The license is a cap of 1.


 Commissioner Wehrli made a motion to approve the draft text amendment to the
 S1 license and recommended it for approval by the City Council, seconded by
 Maher. The motion was approved and carried by the following vote:

 Aye: 7- Maher, Stauffer, Vozar, Wehrli, White, Signorella, and Charvat

 Excused: 1- Mayor Chirico

 Absent: 1- Davenport

E. NEW BUSINESS:

 Consider Center Stage’s request to amend the Class R - Legitimate Theater House
 liquor license
 Attachments: CenterStagePlaceProposal
 WEHRLI CENTER STAGE RECUSAL

 Wehrli recused himself and left the meeting from 3:08 PM - 3:59 PM.

 Dana Davenport joined the meeting at 3:10 PM.

 Kandiss Hernandez, owner of Center Stage Place, presented her request. The
 Class R - Legitimate Theater House license they currently have does not fit the
 current business model of the facility. Center Stage frequently hosts rental
 events that includes live bands, cinema, birthday parties and other celebrations.
 The Class R license only allows liquor service one hour before the start of a
 theater performance and during intermission. Hernandez would like to be able
 to serve liquor for all rental events as well as for her live theater events.

 Mayor Chirico reviewed that Center Stage has operated successfully with no
 liquor violations in the past. The Commission is supportive of the request, but
 needs to determine the best path forward.

 Commissioners discussed options that would not require a text amendment to
 the municipal code. Mayor Chirico asked about plans to expand their café
 kitchen and convert to a Class A - Restaurant license. Hernandez reported that

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Liquor Commission Meeting Minutes - Final April 8, 2021

 the café is only open when the facility is open and she is looking at serving food
 from other partners rather than running a restaurant where the primary
 business is the service of meals.

 The Commission discussed whether the rental events are considered private
 parties. Hernandez reviewed events that have been booked in the facility.
 Some do charge admission and are open to the public. Lutzke reviewed the
 state law for private parties and reported that if the event is open to the public it
 does not qualify as a private party. Center Stage would need a liquor license to
 serve liquor at any event that was advertised to the public.

 The Commission discussed application of the Class K - Catering license.
 Lutzke confirmed that while Center Stage would not meet the definition for a
 Class K, if a licensed caterer were contracted for events in the facility, the
 licensed caterer could provide liquor but it would not enable Center Stage to
 serve liquor.

 The Commission discussed the Entertainment Permit. Lutzke reported that the
 Entertainment Permit is an add-on to a liquor license that allows live music and
 entertainment at a bar or restaurant, but does not extend liquor service beyond
 what the liquor license allows.

 The Commission discussed the Class M - Recreational license. Barfuss
 reported that there are 3 Class M - Recreational licenses currently available.
 The Commission discussed the definition of recreational activities and the
 Commission’s ability to interpret rental events, of all types, as recreation at
 Center Stage. Lutzke reported that in the past the Liquor Commission did not
 want to define cinema as recreation because it would allow movie theaters to
 obtain liquor licenses. The Commission discussed the Class M similarly
 applying to golf courses where liquor can be sold whether the patron is actively
 golfing or not, however, the recreational activity does have to be occurring.
 Vozar noted that if a golf course stopped providing golf and only sold liquor their
 license would no longer apply and suggested that the action taken should
 ensure that the liquor license defines the business as primarily a theater.

 Lutzke advised that if recreation is interpreted with a broad definition that
 includes movies and birthday parties, if another business applies for a Class M
 and there is a license available, the Liquor Commission would not be able to
 decide that they do not interpret their business as recreational. As a
 government, we can’t treat one applicant different from another applicant.
 Mayor Chirico reviewed that applying the Class M would be a final decision of
 the Commission. Amending the Class R would be a recommendation to City
 Council. Stauffer suggested changing the Class R to be defined as primarily a
 theater acknowledging that it would require a text amendment and approval of
 the City Council. White agreed and noted that a business that only has an
 event space should not have a Class M.

 The Commission discussed whether the amendment should include a cap on
 the Class R license. Vozar noted that the cap provides the opportunity to pause

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Liquor Commission Meeting Minutes - Final April 8, 2021

 and gives the Liquor Commission coverage to interpret new applicants. Mayor
 Chirico noted that it also adds a layer of bureaucracy that delays things for
 petitioners. The risk to the city with new theater businesses applying for the
 Class R amended license would be low. Davenport and Signorella stated that a
 broader discussion on caps would be beneficial for a future meeting.


 Maher made a motion to expand the service hours of the Class R license and
 define the business as primarily a theater, seconded by White. Davenport asked
 that the motion ensure that staff will work with the petitioner to ensure the
 revision meets their needs and the request. Maher amended the motion. White
 accepted the amendment. The motion was approved as amended and carried
 by the following vote:

 Aye: 7- Maher, Stauffer, Vozar, White, Signorella, Charvat, and Davenport

 Excused: 1- Mayor Chirico

 Recused: 1- Wehrli




 Mayor Chirico reported that Pam Davis has resigned from the Liquor
 Commission. He commended her for her service and stated that he will be
 appointing a new Commissioner.

F. REPORTS:

 Approve the regular Liquor Commission meeting minutes of March 4, 2021
 Attachments: Liquor Commission Minutes 030421 DRAFT

 Commissioner Maher made a motion to approve the regular Liquor Commission
 Meeting Minutes of March 4, 2021. Seconded by Stauffer. The motion was
 approved and carried by the following vote:

 Aye: 8- Maher, Stauffer, Vozar, Wehrli, White, Signorella, Charvat, and Davenport

 Excused: 1- Mayor Chirico

 1. Restaurant Association Report - Jeffries

 No Report.

 Mayor Chirico noted that the restaurant association and Downtown Naperville
 Alliance have worked with the City to improve the design, safety and style of the
 temporary outdoor seating in the downtown. CARES money was used to pay
 for it.


 2. BASSET- Employee Training Statistics - Riggs

 Riggs reported that the online BASSET program has been extremely busy.
 There are currently 135 registered.

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Liquor Commission Meeting Minutes - Final April 8, 2021


 3. Tobacco Enforcement Review - Riggs

 Riggs reported that the last compliance checks did yield three violations
 reported at the last meeting. Lutzke confirmed that the adjudication of these
 violations is in process.

 4. Liquor Report - Riggs

 Riggs reported that there were 9 DUIs in February 2021 compared to 23 DUIs in
 February 2020. March DUIs numbers are not yet available.

 Maher asked if there have been issues with any of the marijuana dispensaries in
 Naperville. Riggs reported that there have been no issues with the operators
 and the facilities are very secure with IDs having to be scanned before entering
 the building, unlike a gas station or vape shop. Riggs noted that there have
 been protestors outside of the dispensaries at times. He went on to say that
 drug related DUIs in Naperville have not increased. Mayor Chirico reported that
 the police have been doing trainings for using sobriety tests to identify people
 who are high.

 5. Liquor Concept Committee Update - Barfuss

 Barfuss reported that since the last Liquor Commission Meeting, the Liquor
 Concept Committee had one meeting on March 18, 2021.

 The following concepts were discussed:

 Center Stage Theater, already reported

 Chasers, 1811 High Grove Lane
 Existing business seeking a Class M - Recreational license. Their request was
 approved, and their application is process.

 Xian Cuisine, 376 IL Route 59, Suite 128
 New business seeking a Class B license. Their request was approved, and
 their application is in process.

 Catrina Latin Bites, 2835 Showplace Drive #103
 New business by owners of Paris Bistro who have relocated across the plaza.
 They were seeking a Class B license. Their request was approved, and their
 application is in process.

 River Run Club, 4204 Clearwater Lane
 Facility requesting a Class H-Club license in order to charge for alcohol at
 member events. They did not meet the code definition for the Class H and are
 considering their options to either hold private parties that meet the
 requirements of the liquor code or to obtain special event permits for their
 events.

 SoulFest, event scheduled for June 5, 2021 at Naper Settlement
 This event decided to work with a caterer and will not need a special event

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Liquor Commission Meeting Minutes - Final April 8, 2021

 liquor license.



G. EXECUTIVE SESSION:

 None

H. ADJOURNMENT:

 Mayor Chirico reported that he will request that the next meeting be in-person in
 Council Chambers.
 Commissioner White motioned to adjourn the Liquor Commission Meeting of
 April 8, 2021 at 4:12 PM, seconded by Stauffer. The motion was approved and
 carried by the following vote:

 Aye: 8- Maher, Stauffer, Vozar, Wehrli, White, Signorella, Charvat, and Davenport

 Excused: 1- Mayor Chirico




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