Liquor Commission — Naperville, IL
Date: 2021-10-07

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



 Meeting Agenda

 Liquor Commission

Thursday, October 7, 2021 3:00 PM Council Chambers




A. CALL TO ORDER:

B. ROLL CALL:

C. PUBLIC FORUM:

D. OLD BUSINESS:
 21-1294 Consider Molly’s Cupcakes’ request for a variance to the square footage
 requirement for a Class S license

E. NEW BUSINESS:
 21-1295 Consider Go Wide Brewing’s request for a liquor license

 21-1296 Discussion regarding new special events requiring a pre-meeting with the
 Liquor Commissioner

F. REPORTS:
 21-1293 Approve the regular Liquor Commission meeting minutes of August 5,
 2021

 1. Restaurant Association Report - Jeffries

 2. BASSET- Employee Training Statistics - Riggs

 3. Tobacco Enforcement Review - Riggs

 4. Liquor Report - Riggs

 5. Liquor Concept Committee Update - Barfuss


G. EXECUTIVE SESSION:




City of Naperville Page 1 Printed on 10/1/2021
Liquor Commission Meeting Agenda October 7, 2021



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 2 Printed on 10/1/2021

City of Naperville

 400 S. Eagle Street
 Naperville, IL 60540




Meeting Minutes - Final

 Thursday, October 7, 2021

 3:00 PM



 Council Chambers



 Liquor Commission
Liquor Commission Meeting Minutes - Final October 7, 2021


A. CALL TO ORDER:

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


B. ROLL CALL:

 Commissioner Maher and Commissioner Davenport joined the meeting at
 3:05 PM.

 Present 10 - Mayor Steve Chirico, Karyn Charvat, Dana Davenport, John Koranda, Charles
 Maher, Anthony Signorella, Mitch Stauffer, Joe Vozar, Scott Wehrli, and Kimberly
 White




 Staff Present: Rachel Pruneda, Administrative Assistant II; Mike DiSanto,
 City Attorney; Dan Riggs, Police Detective; Marty Creighton, Police Officer


C. PUBLIC FORUM:

 None


D. OLD BUSINESS:

 Consider Molly’s Cupcakes’ request for a variance to the square footage requirement for
 a Class S license
 Attachments: Mollys_Cupcakes_Naperville_Specialty_Wine_Variance_V2

 Mayor Chirico reviewed the request for a variance to the square footage
 requirement for the Class S - liquor license.


 Commissioner Signorella made a motion to approve the variance request and
 recommend it for approval by the City Council, seconded by White. The motion
 was approved and carried by the following vote:

 Aye: 9- Charvat, Davenport, Koranda, Maher, Signorella, Stauffer, Vozar, Wehrli, and White

 Excused: 1- Mayor Chirico

E. NEW BUSINESS

 Consider Go Brewing’s request for a liquor license
 Attachments: 2021_10_05_11_28_54 WEHRLI CONFLICT OF INTEREST
 Go Wide Brewing Concept Meeting
 Go Brewing Concept Meeting CURRENT

City of Naperville Page 1 Printed on 11/5/2021
Liquor Commission Meeting Minutes - Final October 7, 2021


 Commissioner Wehrli recused himself and left the meeting at 3:29 PM. He
 did not return.

 Joe Chura, petitioner, presented his concept of starting the first
 non-alcoholic/low-alcoholic brewery in Illinois. The brewery would include a
 tasting room, live music and healthy activities, like yoga, on site. They
 would sell guest brews that do contain alcohol within the code requirement
 of less than 25% of the product offered for sale. They will sell through
 distributors as well as direct to consumer. They will be located in the space
 Two Fools Cider is vacating and the zoning is already approved.

 Mayor Chirico asked if the request is for the Liquor Commission to make a
 recommendation to City Council to raise the cap on the Class P -
 Manufacturer license from 3 to 4. DiSanto affirmed that the concept fits
 within the current definition of the Class P license so the cap needs to be
 raised, but no other code changes are needed.

 Commissioners asked for clarification on why the liquor license is needed,
 whether the petitioner has plans to brew beer with a higher alcohol content
 in the future and how non-alcoholic beer is brewed. Chura stated that the
 liquor license is needed for retail sale of the product if their recipes exceed
 .5% alcohol by volume. He does not have plans to brew beer with a higher
 alcohol content at this time, but it may occur in the future. Chura explained
 that there are multiple methods for brewing non-alcoholic and low-alcoholic
 beer, including removing the alcohol after it is brewed and brewing it with
 minimal alcohol from the beginning. They would employ both methods. He
 went on to say that even non-alcoholic beer does have some alcohol in it.
 They would want a threshold between 0 and 1.0% for the beers they
 manufacture, and the tasting room would offer guest beers that contain a
 higher alcohol content, but they would not sell the guest beers for off-site
 consumption. Commissioners asked if he has discussed the guest beer
 plan with the other local breweries, if there is a security plan and if it is legal
 for minors under the age of 21 to drink or purchase non-alcoholic beer.
 Chura replied that he has discussed the concept with Two Fools Cider and
 they are very supportive. He will meet with Noon Whistle and Solemn Oath
 to discuss it. He explained that all servers and managers will be BASSET
 trained and the premise will be 21+, or requiring the presence of an adult
 when individuals under 21 are present. Riggs stated that it is not legal in
 Naperville for minors to drink or purchase non-alcoholic beer, but it is legal
 in Illinois. Chura confirmed that individuals under 21 will not be permitted to
 consume or purchase the product. Mayor Chirico complimented the
 presentation and concept.



City of Naperville Page 2 Printed on 11/5/2021
Liquor Commission Meeting Minutes - Final October 7, 2021

 Commissioner Maher made a motion to approve the request to raise the cap on
 the Class P license by one and recommend it for approval by the City Council,
 seconded by White. The motion was approved and carried by the following vote:

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

 Excused: 1- Mayor Chirico

 Recused: 1- Wehrli


 Discussion regarding new special events requiring a pre-meeting with the Liquor
 Commissioner
 Mayor Chirico reported that we have had several new events in Naperville
 this year with new event company operators who are not familiar with the
 liquor rules in Naperville. At least twice this summer, the operators have
 inadvertently violated the rules. He would like to make it a requirement in
 our Liquor Commission Rules that all new special events be required to
 attend a pre-meeting with the Liquor Commissioner and the police liaison
 to ensure understanding of the rules prior to the Special Event Permit being
 issued.

 Wehrli stated that the intent of the Special Event Permit was that it was
 available to local non-profit community organizations or government entities
 with local goals. He went on to say that now we have outside event
 companies that want to do an event in Naperville and their barrier to doing
 that is the liquor license. The only way to acquire a Special Event Permit is
 to have a non-profit license holder, so they donate money to a local
 non-profit to have them as the license-holder for the event, but this is often a
 token amount of money and the event company keeps the majority of the
 proceeds from the event. He does not feel that this is fulfilling the intent of
 the Special Event Permit. Mayor Chirico agreed that, though this concern
 was not part of the original agenda item, he would like to address this issue
 as well. He went on to say that events should be initiated by the non-profit
 license holder, because they are the ones taking the risk, without receiving
 the proceeds.

 Maher suggested making a rule that specifies the percentage of proceeds
 that should go to the non-profit. Stauffer disagreed with specifying a
 percentage of proceeds but would like to add language to the Liquor
 Commission rules that says the primary beneficiary of the special event is
 the charity and include the requirement of all new events requiring a
 pre-meeting with the Mayor. Koranda stated that it is most important to
 protect the non-profit as the license holder and suggested that staff survey
 the non-profits who have partnered with event companies in the past to see
 what the donation or agreement was. Mayor Chirico stated that it can be
 part of the pre-meeting process that the Mayor’s Office contacts the
City of Naperville Page 3 Printed on 11/5/2021
Liquor Commission Meeting Minutes - Final October 7, 2021

 non-profit license holder to make sure they understand the risk and intent of
 the Special Event Permit.


 Commissioner Vozar made a motion to direct staff to draft a proposed Liquor
 Commission rule that requires new applicants for the Special Event Permit to
 have a pre-meeting with the Mayor and ensures the charity understands the risk
 and rules for partnering with an event company, seconded by Maher. The
 motion was approved and carried by the following vote:

 Aye: 9- Charvat, Davenport, Koranda, Maher, Signorella, Stauffer, Vozar, Wehrli, and White

 Excused: 1- Mayor Chirico

F. REPORT:

 Approve the regular Liquor Commission meeting minutes of August 5, 2021
 Attachments: Liquor Commission Meeting Minutes DRAFT - 080521

 Commissioner Stauffer made a motion to approve the regular Liquor Commission
 meeting minutes of August 5, 2021, seconded by Vozar. The motion was
 approved and carried by the following vote:

 Aye: 9- Charvat, Davenport, Koranda, Maher, Signorella, Stauffer, Vozar, Wehrli, and White

 Excused: 1- Mayor Chirico

 1. Restaurant Association - Jeffries

 None


 2. BASSET - Employee Training - Riggs

 Riggs reported that we have 120 people registered for BASSET with
 30-40 going through the online course each week. We have not held the
 in-person training for over a year. Maher asked if the number of applicants
 is normal. Riggs replied that we would have 1,200 trained through the
 in-person course, but the online registrations seem to be on track with
 previous years. There was a slow down during the pandemic shut-down.
 Maher commented that restaurants have had trouble hiring staff and Riggs
 agreed that staff seem to be moving from one establishment to another.
 The Naperville BASSET training is good for 3 years and goes with the
 employee if they move to another Naperville establishment.

 Mayor Chirico welcomed Officer Marty Creighton as the incoming Alcohol
 & Tobacco Liaison.




City of Naperville Page 4 Printed on 11/5/2021
Liquor Commission Meeting Minutes - Final October 7, 2021


 3. Tobacco Enforcement Review - Riggs

 Riggs reported that we are in the middle of a grant period. The new grant
 for 2022 begins this month. Riggs will distribute materials to every tobacco
 license holder and the compliance checks will be done by the end of the
 year.


 4. Liquor Report - Riggs

 Riggs reported that there were 7 DUIs in August 2021, compared to 26 in
 August 2020. There were 9 DUIs in September 2021, compared to 18 in
 2020. Stauffer asked why there are so few Naperville establishments
 reported in the DUI report. Riggs stated that many individuals refuse to say
 where they are coming from and even deny that they have had a drink at all.
 Riggs said he would reiterate to officers they should ask where the
 individual is coming from when they are handling a DUI. Mayor Chirico
 asked if the number of individuals from outside of Naperville is normal.
 Riggs replied that it varies.


 5. Liquor Concept Committee Update - Barfuss

 Rachel Pruneda reported in place of Miranda Barfuss. Since the last Liquor
 Commission Meeting, the Liquor Concept Committee had two meetings-
 -one on August 19th and one on September 16th.

 The following concepts were discussed:

 X Golf Naperville, located at 790 Royal St. George, Suite 139C
 New business seeking a Class M - Recreational license. Their request is
 approved and their application is in process

 Freedom Brothers Pizza, located at 1293 S. Naper Blvd
 New business seeking a Class B - Restaurant & Tavern license with a late
 night permit. Their request is approved and their application is in process.

 St. Margaret Mary Parish Picnic, event scheduled for September
 12th at the church
 They were serving beer and wine only. Their request was approved and
 their temporary license was issued.

 Naperville Music Festival, event scheduled for September 25th at
 Naper Settlement
 Event requesting a special event permit, serving beer, wine and hard
 seltzer. Their charity was Naperville Neighbors United. They were approved
 for a special event permit but decided to engage a caterer instead.
City of Naperville Page 5 Printed on 11/5/2021
Liquor Commission Meeting Minutes - Final October 7, 2021



 Zade’s Lounge, located at 22 E. Chicago Ave.
 New business seeking a Class B - Restaurant & Tavern license with a late
 night permit. Their request is approved and their application is in process.

 Spartan House, located at 3032 English Rows Ave.
 New business seeking a Class B - Restaurant & Tavern license with a late
 night permit and an outdoor seating permit. Their request is approved and
 their application is in process.

 Red Rock Pizzeria, located at 796 Royal St. George
 New business seeking a Class B - Restaurant & Tavern license with an
 outdoor seating permit. Their request is approved and their application is
 in process.

 Evo & Ash, located at 796 S. Route 59
 New business seeking a Class B -Restaurant & Tavern license with a late
 night permit. Their request is approved and their application is in process.

 DashMart, located at 2835 Aurora Ave. Suites 115 and 119
 New business seeking a Class D - Package Store license. Their request is
 approved and their application is in process.

 Chili's and Maggiano's with the Brinker Restaurant Group
 Existing businesses seeking Class D - Package store licenses to sell
 unopened beer, wine and spirits with customer carry out orders. Their
 request is being reviewed.


G. EXECUTIVE SESSION:

 None


H. ADJOURNMENT:
 Commissioner Vozar made a motion to adjourn the Liquor Commission Meeting
 of October 7, 2021 at 3:48 PM, seconded by Maher. The motion was approved
 and carried by the following vote:

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

 Excused: 2- Mayor Chirico, and Wehrli




 /S/ Miranda Barfuss
 Miranda Barfuss
 Assistant to City Council
City of Naperville Page 6 Printed on 11/5/2021
Liquor Commission Meeting Minutes - Final October 7, 2021




City of Naperville Page 7 Printed on 11/5/2021