Liquor Commission — Naperville, IL
Date: 2019-05-09

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



 Meeting Agenda

 Liquor Commission

Thursday, May 9, 2019 3:00 PM Council Chambers




A. CALL TO ORDER:

B. ROLL CALL:

C. PUBLIC FORUM:

D. OLD BUSINESS:
 19-322B Consider Last Fling’s request to sell spirits


E. NEW BUSINESS:
 19-482 Consider Starbuck’s request to receive a Class A Liquor License

 19-483 Consider Vita Sana’s request for a liquor license.

 19-484 Consider Rule of the Liquor Commission Pertaining to Electronic
 Appearance

 19-486 Consider Festa Italiana’s request to sell spirits


F. REPORTS:
 19-485 Approval of April 4, 2019 meeting minutes


 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 - Trotz


G. EXECUTIVE SESSION:

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Liquor Commission Meeting Agenda May 9, 2019



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



 Meeting Minutes

 Liquor Commission


Thursday, May 9, 2019 3:00 PM Council Chambers


A. CALL TO ORDER:

 Before the meeting was called to order, Mayor Chirico swore in the following
 Liquor Commission members - Davis, Maher, O'Toole, Robbins, Stauffer,
 Vozar, Wehrli and White.

 Mayor Chirico called the meeting to order at 3:02pm.

B. ROLL CALL:
 Present 9- Mayor Steve Chirico, Pam Davis, Charles Maher, Paul O'Toole, Whitney Robbins,
 Mitch Stauffer, Joe Vozar, Scott Wehrli, and Kimberly White
 Absent 1- Marc Blackman


C. PUBLIC FORUM:

 There was no one present to speak under Public Forum.

D. OLD BUSINESS:

 Consider Last Fling’s request to sell spirits

 John Barry, Star Events, was present to answer questions. They had given the
 commission members a report on how the liquor service would be handled.

 Mayor Chirico asked how the area where the liquor will be batched is secured. It
 will be in a truck that will be locked.

 Commissioner Stauffer asked if spirits are allowed to be served under the
 Special Event Permit.

 Jennifer Lutzke, Senior Assistant City Attorney, responded that under the
 Temporary Permit it is only beer and wine but the Special Event Permit has no
 specifications. This is something the Liquor Commission can decide on without
 City Council approval.

 Commissioner Maher asked what the advantages are with serving spirits. John
 Barry said the main advantage is to appeal to the saturated market. There are
 financial reasons by opening up sponsorship opportunities. The net on the spirit
 drink is higher because you can charge more for it.

 Commissioner Vozar asked how many booths they will have. There will be two

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Liquor Commission Meeting Minutes May 9, 2019

 booths, one in the parking lot off of Jackson Avenue and the other on Rotary Hill.

 Commissioner Stauffer wanted to raise the point that we are creeping into
 something that was not the intent. Is there something clean about only serving
 beer and wine.

 Jennifer Lutzke stated that the commission has descretion on what type of
 spirits to allow at special events.

 Mayor Chirico stated that the commission could change their minds and not
 allow it next year. A rule could be implemented by the commission to not allow
 spirits.

 Commissioner Wehrli asked Detective Riggs if the Police Department has an
 opinion on this. Detective Riggs stated that he had talked to Deputy Chief
 Anderson and several sergeants. They had some questions. Some of the
 questions were answered by the paperwork that was sent but they wanted to
 know about the fencing in the enclosed area. Yes, they would be using 6ft chain
 link fence where needed and bicycle barricade where needed. Detective Riggs
 asked how many off duty policemen would they have. They will have 30 per
 shift. Detective Riggs asked how they will be finding the professional
 bartenders. They have bartenders that the company has used. Those were the
 only concerns that the Police Department had raised. Other then that, they have
 no issues.

 Commissioner Maher asked if this had to go to City Council. Jennifer Lutzke
 stated that at this time the Special Event Permit is silent as to spirits. If we
 wanted to prohibit spirits, we would have to change the code and go to City
 Council. If you want to allow spirits, a rule may be added and it does not go to
 City Council.

 Commissioner Maher asked what types of alcohol they will have. They will not
 be using a high proof drink. It will be a vodka or whiskey with the same alcohol
 content as a glass of wine or a beer.
 Commissioner Maher moved to allow spirits to be served at the Last Fling with
 the definitions as discussed at this meeting.

 Aye: 7- Davis, Maher, O'Toole, Robbins, Stauffer, Wehrli, and White

 Nay: 1- Vozar

 Absent: 1- Blackman

 Abstain: 1- Mayor Chirico

E. NEW BUSINESS:

 Consider Starbuck’s request to receive a Class A Liquor License

 Taya Stenson, Starbuck's, and Zubin Kammula, Attorney, were present to
 request a Class B liquor license for Starbuck's Reserve Bar at 203 S. Main St.
 This request is completely different from the one that was before you a few

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Liquor Commission Meeting Minutes May 9, 2019

 years back. That was a different program and a different concept. For this
 request, the Reserve Bar will implement some changes and bring in a
 substantial food program. As part of the food program, they are looking to add
 incidental liquor to the food service.

 The commission members were given a packet of information that pertains to
 the Reserve Bar. If the liquor license is approved the location will shut down to
 make renovations.

 The Reserve Bar will be bringing in a substantial food program. They will be
 keeping the same hours. In off peak hours, there will be table service. They will
 be adding equipment to the kitchen. They will be offering beer, wine and
 specialty cocktails.

 Commissioner Davis asked if this met the requirements of a Class B. Mayor
 Chirico stated that the commission will decide that.

 Jennifer Lutzke, Senior Assistant City Attorney, stated her concern that the
 primary business needs to be the service of meals. Taya Stenson responded
 that they have an extensive food production.

 Mayor Chirico compared this to a Mod Pizza.

 Comissioner Stauffer asked for the percentage of gross revenue of food. It is 25
 - 30%.

 Mayor Chirico asked for the percentage of alcohol sales. It is less than 10%.

 Commissioner Vozar asked if they were looking at other locations in the
 western suburbs. They are looking at Naperville and Chicago at Oak and Rush
 St.

 Commissioner Robbins asked if the traditional green dot stores are still selling
 alcohol. They have pulled that previous program from the entire organization.
 Alcohol is only sold at the Reserve locations.

 Fast service would continue in the morning and then the menu would change in
 the afternoon.

 Commissioner Wehrli asked about the preparation of the food. They will be
 serving Princi food. They are adding a full kitchen production. They are fresh
 baking food. Everything is made to order.

 Back of the house is the prep kitchen. Pizzas and salads would be made there.

 Comissioner Wehrli asked if a license was granted if they would submit the
 menu to be attached to the license. Yes, they would submit the menu.

 Commissioner Stauffer asked if the alcohol would be served at the counter or at
 the table? Alcohol will be served at the bar and in the evening at the table. The
 alcohol wouldn't be served until 11am.

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 Mayor Chirico asked if the alcoholic drinks were ever served in paper cups.
 Absolutely not, they are served in glass ware.

 Commissioner White asked how long they will be shut down for renovation.
 They will be closed 30 - 60 days.

 Zubin Kammula stated that DuPage County Health Department has three
 classifications of food establishment licenses. With the renovations, Starbuck's
 will be moved to a Class 1 that is the same as any restaurant in town.

 Commissioner Maher would like to direct staff to talk to DuPage County on how
 they classify restaurants.

 Commissioner Maher would like it in the record that he does not want to be part
 of a lawsuit.




 Commissioner Maher moved to direct staff to do research on the restaurant
 definition, seconded by Scott Wehrli.

 Commissioner Davis made a motion in substitution to approve the project as
 presented and approve a Class B license, seconded by Commissioner Robbins.

 Aye: 5- Davis, O'Toole, Robbins, Vozar, and White

 Nay: 3- Maher, Stauffer, and Wehrli

 Absent: 1- Blackman

 Abstain: 1- Mayor Chirico


 Consider Vita Sana’s request for a liquor license.
 Commissioner Davis moved to table this item, seconded by Commissioner Maher.
 Aye: 8- Davis, Maher, O'Toole, Robbins, Stauffer, Vozar, Wehrli, and White

 Absent: 1- Blackman

 Abstain: 1- Mayor Chirico


 Consider Rule of the Liquor Commission Pertaining to Electronic Appearance

 Jennifer Lutzke, Senior Assistant City Attorney, stated that attached to the
 agenda item a proposed Rule allowing members of the Liquor Commission to
 appear telephonically.
 Commissioner Vozar moved to approve the recommendation, seconded by
 Commissioner O'Toole. Motion was approved unanimously.

 Consider Festa Italiana’s request to sell spirits

 John Barry, Star Events, was present to request the sale of spirits at Festa
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Liquor Commission Meeting Minutes May 9, 2019

 Italiana. This is a boutique event with about 10,000 attendees. It will be held at
 Naper Settlement.
 Commissioner O'Toole moved to accept Festa Italiana as presented, seconded by
 Commisioner Robbins.

 Aye: 5- Davis, O'Toole, Robbins, Stauffer, and White

 Nay: 3- Maher, Vozar, and Wehrli

 Absent: 1- Blackman

 Abstain: 1- Mayor Chirico

F. REPORTS:

REPORTS:

 New Business

 Commissioner Vozar moved to direct staff to look at the definition of what
 constitutes a restaurant, seconded by Commissioner Maher. Motion was
 approved unanimously.

 Approval of April 4, 2019 meeting minutes

 A motion was made by Commissioner Maher, seconded by Commissioner Vozar
 to approve the April 4, 2019 meeting minutes. Motion was approved unanimously.

 1. Restaurant Association Report - Jeffries

 No report.

 2. BASSET- Employee Training Statistics - Riggs

 Detective Riggs reported that in April 77 people attended with 14 no shows.
 Since the beginning of 2019 we have had 88 people complete the online course.

 Mayor Chirico asked if the Tobacco BASSET mini course is available. Yes, it is
 ready. It is approximately an hour long. It goes through City and State
 ordinances. There is a section on carding and penalties.

 Mayor Chirico asked if the tobacco licensees who had a violation have been
 notified about the course. They have not been notified yet. We are waiting for
 approval of the course.

 Mayor Chirico informed the commission members to think about recreational
 marijuana.

 3. Tobacco Enforcement Review - Riggs

 Detective Riggs reported that they just completed the last rounds of compliance
 checks. Out of 77 establishments that were checked, one failed.

 Jennifer Lutzke, Senior Assistant City Attorney, stated that with the prior

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 compliance checks, on February 2, 2019 Bucky's Express, 1290 S. Rt. 59, was
 cited for the underage sale of cigarettes. On April 16, 2019, they waived their
 right to a hearing and stipulated to the violation. That same day, Mayor Chirico
 as the Alcohol Tobacco Control Commissioner entered into an order finding
 them guilty of the violation requiring payment of a $500 fine payable in 90 days.

 4. Liquor Report - Riggs

 Detective Riggs reorted that in April 2018 we had 25 DUI's and for April 2019 we
 had 17 DUI's.

 Year to date for 2019 is 84.

 5. Liquor Concept Committee Update - Trotz

 Trotz reported the following Liquor Concepts
 April 18, 2019

 Summer AleFest
 Naper Settlement decided not to be the charity this year so it will be the Parks
 Foundation.

 Naper Nights and Oktoberfest
 Nothing has changed with these events. They will be held at Naper Settlement
 under the license of the Heritage Society.

 Festa Italiana
 Naperville Jaycees will be their charity.

 Doug Sharma - Vita Sana
 Tabled until next meeting

 MZ Bar - 1550 Rt. 59 (formerly Estebans)
 They have requested a Class B liquor license. They were given the application
 for the Class B license without a late night. They have accepted that. They did
 ask if they waited until September if they could get a late night and were told no.


G. EXECUTIVE SESSION:

H. ADJOURNMENT:

 Commissioner Stauffer moved to adjourn the meeting at 4:31pm, seconded by
 Commissioner Maher. Motion was approved unanimously.




 /S/ Emy Trotz
 Emy Trotz
 Executive Assistant/Mayor




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