Liquor Commission — Naperville, IL
Date: 2022-04-07

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



 Meeting Agenda

 Liquor Commission

Thursday, April 7, 2022 3:00 PM Council Chambers




A. CALL TO ORDER:

B. ROLL CALL:

C. PUBLIC FORUM:

D. OLD BUSINESS:

E. NEW BUSINESS:
 22-0444 Provide recommendations concerning The Matrix’s concept and its
 requests for three liquor licenses, two amendments to the Liquor Code,
 and a finding that its uses are compliant with the City’s liquor license
 location restrictions

 22-0443 Designate prior Liquor Commission closed session meeting minutes as
 non-confidential

F. REPORTS:
 22-0442 Approve the regular Liquor Commission meeting minutes of February 3,
 2022

 1. Restaurant Association Report - Jeffries

 2. BASSET- Employee Training Statistics - Creighton

 3. Tobacco Enforcement Review - Creighton

 4. Liquor Report - Creighton

 5. Liquor Concept Committee Update - Barfuss


G. EXECUTIVE SESSION:




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Liquor Commission Meeting Agenda April 7, 2022



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.




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City of Naperville

 400 S. Eagle Street
 Naperville, IL 60540




Meeting Minutes - Final-revised

 Thursday, April 7, 2022

 3:00 PM



 Council Chambers



 Liquor Commission
Liquor Commission Meeting Minutes - Final-revised April 7, 2022


A. CALL TO ORDER:

 Mayor Chirico called the meeting to order at 3:05 PM.


B. ROLL CALL:
 Present 8- Mayor Steve Chirico, Karyn Charvat, John Koranda, Anthony Signorella, Mitch
 Stauffer, Joe Vozar, Scott Wehrli, and Kimberly White
 Absent 1- Charles Maher




 Staff Present: Miranda Barfuss, Assistant to City Council; Marty Creighton,
 Police Detective; Scott Thorsen, Police Sergeant; Matt Egan, Police
 Commander; Mike DiSanto, City Attorney


C. PUBLIC FORUM:

 None


D. OLD BUSINESS:

 None


E. NEW BUSINESS:

 Provide recommendations concerning The Matrix’s concept and its requests for three
 liquor licenses, two amendments to the Liquor Code, and a finding that its uses are
 compliant with the City’s liquor license location restrictions
 Attachments: Liquor Commission The Matrix Agenda Item Attachments

 Madan Kulkarni, Principal Partner of The Matrix Club, presented his
 concept of a multi-use facility that includes a restaurant, banquet/convention
 facility, concert venue, sound lab, yoga studio, dance studios and art
 gallery. The Matrix will offer performances from international artists in high
 end surroundings with LED screens, calibrated surround sound and the
 ability to cater to different ethnic audiences e.g. Greece, Poland and South
 Asia. There is a full service kitchen and four bars in the Grand Ballroom,
 one bar in the Lounge, an International Cuisine restaurant with a Michelin
 star chef and a stage. The artists can perform in the large venue on the
 weekend and perform smaller shows during the week in the 220 seat
 restaurant.

 Mayor Chirico asked for information specifically about the liquor service.
 Kulkarni stated that he is requesting the ability to provide bottle service at
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 some of his events and emphasized that bottles won’t be served to groups
 smaller than 4. Mayor Chirico asked the capacity of the largest venue on
 site and what percentage of the events booked are concerts. Kulkarni
 replied that the banquet facility can accommodate 2,000 people and 20%
 of events will be concerts as opposed to weddings and private events.
 Mayor Chirico asked if there is a 3rd party management company or
 promoters for the concerts and if there will be Matrix staff providing security
 for events both inside and outside of the facility. Kulkarni replied that some
 events will be produced in-house and some will be contracted. The
 contracted events will require security to be provided and if it is not
 provided, the Matrix will provide security and charge the client back. Mayor
 Chirico asked if there is a minimum number of security present for events.
 Kulkarni replied that 8-16 security people would be present depending on
 the size of the event and added that there are security cameras inside and
 outside the facility. He will also hire off-duty officers if necessary and submit
 a security plan in May when his security staff are hired.

 Mayor Chirico asked if Kulkarni is currently running a similar operation in
 Schaumburg. Kulkarni confirmed that he previously had a banquet facility in
 Schaumburg called The Meadows Club from 2007 to 2020 and his
 company is experienced in serving different international constituencies.

 Commissioners asked if the venue will have DJ’s and be open to the public
 at night. Kulkarni replied that on weekdays there may be a live band or
 other entertainment, including celebrity DJs, but it will be family-oriented
 and not just drinking and dancing. There will be a cover charge and he
 does not want a loitering place. Celebrity DJs will be booked in the
 restaurant which is an audience of 200. The Main Stage productions will
 not be DJ’s, except for events like New Years Eve and food will also be
 sold. Commissioners asked if other licensees have been issued more than
 one liquor license and if bottle service has ever been granted. Mayor
 Chirico confirmed that several businesses have multiple liquor licenses
 currently including Sixty Four Wine Bar and Tapville and bottle service has
 never been granted. Commissioners asked about the kitchen facilities, if
 bottle service is being requested for all 3 liquor licenses, if restaurant
 patrons can drink and congregate in the lobby area, if the late night permit
 would extend to the lobby area, and if open bar packages will be available
 in the restaurant. Kulkarni confirmed that there is a restaurant kitchen and a
 large banquet kitchen, the open bar packages are not part of the restaurant
 and bottle service is only being requested for the banquet and concert
 facility. He would like the late night permit to extend to the lobby area.

 Mayor Chirico reviewed the Class K request and asked for confirmation
 from the Commission that the primary business is not the sale of liquor. The
 Commission confirmed. Mayor Chirico reviewed the Class R request and


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 noted that there is a request to include spirits, in addition to wine and beer.
 If approved by the Liquor Commission, that will have to go to City Council
 for final approval. Commissioners asked what other Class R licenses will
 be impacted by the decision. Barfuss reported that the other Class R
 license holders are Wentz Concert Hall and Center Stage Theatre and
 there is no cap.

 Commissioners discussed bottle service. Mayor Chirico reviewed that if
 bottle service is approved, it will also need approval by the City Council.
 DiSanto reported that allowing bottle service may require a few
 amendments to the liquor code. The commission can grant bottle service
 only as part of the Class K or only a part of the Class R, or both.

 Mayor Chirico asked the concerns of the police department. Creighton
 replied that they have concerns about bottle service because there is no
 BASSET trained server controlling the disbursement of the alcohol which
 risks patrons being over served and underage patrons being served. He
 went on to say that the police department is concerned about monitoring
 the large parking lot for congregating, drinking and fights, as well as the
 control on the different rooms in the venue and large crowds when the
 venue is operating at capacity. Kulkarni stated that bottle service will only
 be available for selected events and in his previous venue they did not have
 liquor violations or fights. He went on to say that the establishment will build
 a reputation based on high-quality events that are regulated and noted that
 they are making a large investment in the facility. Mayor Chirico asked if
 The Meadows Club had any incidents that resulted in a violation or police
 involvement. Kulkarni said there were several incidents of an argument at
 weddings, but no police involvement other than an emergency evacuation
 due to flooding. He went to say that the liquor license had one violation
 where retail beer was found on the premise and he had to pay a fine.

 Commissioners asked about the liquor violation process. DiSanto said the
 liquor commission has the authority to see violations prosecuted and the
 most common violations are underage service and over service, as well as
 happy hour violations. He went on to say that anytime a violation happens, it
 is typically investigated by the police department liquor liaison, a citation is
 issued to the individual that is handled in circuit court, simultaneously a
 violation is brought on behalf of the Liquor Commission directly against the
 licensee and there are escalating penalties. One violation isn’t generally
 enough to revoke a license under the law, but multiple violations escalate
 the penalties. There can be a liquor hearing if there is a dispute about the
 violation or the penalty being too harsh and for that, there would be a
 hearing officer and a ruling issued. The Mayor as Liquor Commissioner
 has final say on the penalty and the licensee can appeal the penalty. There
 is also emergency authority where there can be an immediate revocation of


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 the license and hearing. DUI reports can also indicate a pattern of over
 service.

 Mayor Chirico asked for a motion on the Class B and late night and
 entertainment permit. Barfuss confirmed both permits are available.

 Stauffer suggested a motion to table the agenda item until the next meeting
 to allow the petitioner to tighten up their presentation and submit a security
 plan and other items that may help with the decision, as well as provide the
 opportunity for Commissioners to tour the facility. Kulkarni invited all
 Commissioners to tour the facility. Mayor Chirico noted that
 Commissioners need to visit in groups of no more than 2 at a time in
 accordance with the Open Meetings Act and reviewed that the
 Commission would like additional information on security, management
 policies on alcohol and how they will monitor underage service, and a list of
 artists that are booked and upcoming events. Commissioners thanked
 Kulkarni for bringing the exciting concept to Naperville.

 Commissioner Stauffer made a motion to table the agenda item to the next
 meeting, seconded by Signorella. The motion was approved and carried by
 unanimous vote.

 Designate prior Liquor Commission closed session meeting minutes as
 non-confidential
 Commissioner White made a motion to designate prior Liquor Commission
 closed session meeting minutes as non-confidential, seconded by Stauffer. The
 motion was approved and carried by unanimous vote.




 Mayor Chirico announced his selection of a new Liquor Commissioner.
 Kelly Douglas has been appointed and will be sworn in at the next meeting.


F. REPORTS:

 Approve the regular Liquor Commission meeting minutes of February 3, 2022
 Attachments: Liquor Commission Meeting Minutes DRAFT 020322

 Commissioner Stauffer made a motion to approve the regular Liquor Commission
 meeting minutes of February 3, 2022, seconded by White. The motion was
 approved and carried by unanimous vote.

 1. Restaurant Association Report - Jeffries

 Christine Jeffries reported that restaurants are doing well recovering from
 the COVID pandemic. She encouraged Commissioners to take a tour of
 the Matrix Club and stated that it is going to be an amazing new venue for
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 the city. She reported on new restaurants opening including Gia Mia,
 Schlotzky’s/Cinnabon, Spartan Ale House and a new tenant moving into the
 vacant Shakou space. The owners of the shopping center at the corner of
 Aurora Avenue and Route 59 will be redeveloping the property and calling
 it “Block 59.” It will have new restaurants, pickle ball courts and an outdoor
 area with screens for entertainment. Downtown construction is moving very
 quickly, and the sidewalks may be wider after the construction to allow
 more outdoor dining. The restaurant association is working with Downtown
 Naperville Alliance on a recommendation for expanded outdoor seating
 again this year.


 2. BASSET- Employee Training Statistics - Creighton

 Creighton reported that the online BASSET training had 139 people
 trained in February and 155 people trained in March. In person classes are
 resuming this month.
 3. Tobacco Enforcement Review - Creighton

 Creighton reported on tobacco compliance checks. There were 72
 licensees checked and 3 violations resulted. Mayor Chirico commented
 that he was surprised there was a violation at a grocery store since
 violations often occur at one person establishments like a gas station and
 asked if the penalty for these violations is set by the Liquor Commission.
 DiSanto clarified that the individual employee who made the sale is issued
 a citation and it goes to court. After the plea of guilty, we issue a tobacco
 code violation against the license holder and there is a menu of fines and
 penalties. If they plead, it is resolved outside of the Liquor Commission.
 Creighton added that the grocery store immediately changed the process
 for tobacco sales and put up signs after the violation occurred.


 4. Liquor Report - Creighton

 Creighton reported that there were 13 DUIs in February 2022, compared to
 9 DUIs in February 2021 and 23 in February 2020. There were 12 DUIs in
 March 2022, compared to 15 DUIs in March 2021 and 11 in March 2020.
 The Mayor asked if any state funded programs are coming up for DUI
 grants. Creighton said yes for Memorial Day weekend.


 5. Liquor Concept Committee Update - Barfuss

 Barfuss reported that since the last Liquor Commission Meeting, the Liquor
 Concept Committee had two meetings on February 17th and March 17th.

 The following concepts were discussed:


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Liquor Commission Meeting Minutes - Final-revised April 7, 2022

 G.L.O.W. 5K Run, event scheduled for Saturday, May 21st at 5th Avenue
 Station
 The charity is the Jeanine Nicarico Memorial Fund. There is no third party
 organizer. They will be serving beer and wine only. Their request was
 approved and their application is in process.

 First Watch Restaurant, locating at 1355 E. Ogden Ave.
 New business seeking a Class B - Restaurant & Tavern license with an
 outdoor seating permit. Their request was approved and their application
 is in process.

 Naperville Food Truck Festival, 2 events scheduled for Saturday May
 7th and Saturday August 13th at Naper Settlement
 The charity is Community Access Naperville. The third party organizer is
 Brew Avenue Events. They will be serving beer and canned
 seltzers/spritzers. Their request was approved and their application is in
 process.

 Brown Bag Seafood, locating at 1023 S. Washington St.
 New business seeking a Class A - Restaurant license with an outdoor
 seating permit. Their request was approved and their application is in
 process.

 The Matrix, locating at 808 S. Route 59
 Discussed today


G. EXECUTIVE SESSION:

 None


H. ADJOURNMENT:
 Commissioner Stauffer made a motion to adjourn the Liquor Commission
 meeting of April 7, 2022, seconded by Koranda. The motion was approved and
 carried by unanimous vote.




 /S/ Miranda Barfuss
 Miranda Barfuss
 Assistant to City Council




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