Liquor Commission — Naperville, IL
Date: 2021-08-05

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



 Meeting Agenda

 Liquor Commission

Thursday, August 5, 2021 3:00 PM Council Chambers



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.

In keeping with the current Centers for Disease Control and Prevention (CDC) and Illinois
Department of Public Health guidelines, fully vaccinated individuals will not be required to wear a
face covering in Council Chambers. Those who are not fully vaccinated against COVID-19 must
wear a face covering if they cannot socially distance from other individuals.

A. CALL TO ORDER:

B. ROLL CALL:

C. PUBLIC FORUM:

D. OLD BUSINESS:

E. NEW BUSINESS:
 21-1029 Consider Molly’s Cupcakes request for a liquor license


F. REPORTS:
 21-1028 Approve the regular Liquor Commission meeting minutes of July 8, 2021


 1. Restaurant Association Report - Jeffries

 2. BASSET- Employee Training Statistics - Riggs

 3. Tobacco Enforcement Review - Riggs

 4. Liquor Report - Riggs



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Liquor Commission Meeting Agenda August 5, 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.




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City of Naperville

 400 S. Eagle Street
 Naperville, IL 60540




Meeting Minutes - Final

 Thursday, August 5, 2021

 3:00 PM



 Council Chambers



 Liquor Commission
Liquor Commission Meeting Minutes - Final August 5, 2021


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.

In keeping with the current Centers for Disease Control and Prevention (CDC) and Illinois
Department of Public Health guidelines, fully vaccinated individuals will not be required to wear a
face covering in Council Chambers. Those who are not fully vaccinated against COVID-19 must
wear a face covering if they cannot socially distance from other individuals.

A. CALL TO ORDER:

 In Mayor Chirico's absence, Commissioner Wehrli ran the meeting.
 Commissioner Wehrli called the meeting to order at 3:00 PM.

B. ROLL CALL:
 Present 8- Karyn Charvat, Dana Davenport, John Koranda, Anthony Signorella, Mitch Stauffer,
 Joe Vozar, Scott Wehrli, and Kimberly White
 Absent 2- Mayor Steve Chirico, and Charles Maher




 Staff Present: Miranda Barfuss, Assistant to City Council; Jennifer Lutzke,
 Senior Assistant City Attorney; Scott Thorsen, Police Sergeant



C. PUBLIC FORUM:

 None

D. OLD BUSINESS:

 None

E. NEW BUSINESS:

 Consider Molly’s Cupcakes request for a liquor license
 Attachments: Molly's Cupcakes Complete

 Stephanie and James Jacobson, owners of Molly’s Cupcakes, presented
 their request to serve glasses of red, white or sparkling wine with white
 chocolate, milk chocolate, dark chocolate or caramel dipped rims. They
 would only offer wine Thursday - Sunday and ensure that all General
 Managers and staff leads are BASSET trained. They have ample

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Liquor Commission Meeting Minutes - Final August 5, 2021

 basement storage where the wine can be locked up. They also have
 cameras on site. They have been in business for 3 years without any
 incidents and will maintain a high level of compliance if granted a liquor
 license.

 Commissioners asked if they have other locations with a liquor license,
 what their menu consists of, how the wine would be served and monitored
 and if they have enough on-premise seating. The Jacobsons replied that
 they also own a Molly’s Cupcakes location in Schaumburg. It does not have
 a liquor license and they are not pursuing one. Their menu consists of
 center-filled cupcakes, create-your-own cupcakes, brownies, seven layer
 bars, mini pies, mini cheesecakes and rice crispy treats. A manager or
 BASSET trained staff lead would pour the wine and monitor the indoor
 seating area, which was utilized with greater frequency before COVID and
 can accommodate customers sitting and consuming the product
 on-premise.

 Commissioners asked what the proposed hours of service for wine are
 and how the kitchen is equipped. The Jacobsons reported that they would
 offer wine starting at 5 PM on Thursdays and all day Friday-Sunday. Their
 kitchen is approximately 600 square feet and equipped with four high
 efficiency ovens and a large hood. Wehrli reported that although Christine
 Jeffries was not in attendance today, she did report that the Naperville
 Development Partnership and Downtown Naperville Alliance are in favor of
 the petitioner’s request.

 Commissioners asked if there are other establishments with liquor licenses
 that are similar, suggesting Jo Jo’s ShakeBAR, Starbucks Reserve Bar
 and Le Chocolat du Bouchard. Lutzke reported that Jo Jo’s ShakeBAR has
 a full menu and is applying for a Class B license. Starbucks Reserve Bar
 was denied twice by the Liquor Commission before they developed a more
 robust menu and the Commission made the determination that it fell within
 the liquor code’s definition of a restaurant. They also have a Class B
 license. Le Chocolat has a full kitchen and a Class S license. This license
 class was considered. It is an off-premise license, however, and the
 petitioner’s square footage is larger than the Class S allows. Lutzke asked
 the petitioners if they would consider selling off-premise bottles of wine to
 meet the definition for a Class S, if the square footage requirement were
 amended. After discussion, the Jacobsons confirmed that they do not want
 to sell off-premise wine.

 Commissioners discussed their previous denial of a request for a liquor
 license for a business that only sold alcohol-infused ice cream and asked if


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Liquor Commission Meeting Minutes - Final August 5, 2021

 there are any similar licensed establishment with a very limited novelty
 menu. Lutzke and Barfuss confirmed there are not. The Jacobsons
 reported that a similar concept in another community is All Chocolate
 Kitchen in Geneva. They have a full bar, however, and they are not
 requesting that. Part of the success of their model is their speed and
 efficiency and they do not want to slow it down by offering anything other
 than wine and specialty dipped glasses.

 Commissioners discussed the definition of restaurant, which contains the
 statement “The primary business conducted on premises to be licensed as
 a restaurant shall be the service of meals.” Lutzke cautioned that the
 Commission has discretion to interpret the definition, however, if an
 establishment that only sells dessert items is considered a restaurant, other
 businesses with a similarly limited menu would also be granted the
 opportunity to apply for a liquor license without the review of the Liquor
 Commission.

 Wehrli clarified that altering an existing license class, introducing a new
 license class, or editing the restaurant definition would require a text
 amendment to the liquor code and must be approved by City Council.
 Lutzke added that the petitioner could also file for an exception to the
 Mayor, as Liquor Commissioner. This would entail paying a $400 fee and
 explaining their hardship in meeting an existing license class. The Mayor
 could then approve the exception.

 Commissioners discussed revising the restaurant definition, revising a
 license class, and what harm could arise from approving this request.
 Stauffer asked whether the Commission’s goal in revising the code, rather
 than approving the request, is due to a concern about public safety or
 avoiding the proliferation of having liquor in every establishment that serves
 any kind of food. It does not strike him as a public safety risk. Wehrli
 reviewed that, in the past, the Class B licenses were abused using the
 example of Jilly’s, which presented a full menu when they applied for their
 liquor license, but did not actually operate as a restaurant, but more of a
 bar where no food was available. The Liquor Commission revised the
 liquor code to better specify the definition of a restaurant and
 restaurant/bars. He went on to say that there will always be new concepts
 and another unique feature of this request is that it is for a very limited
 scope of service, with only wine requested and only on certain days of the
 week.

 Vozar made a motion to direct staff to bring back 2-3 options of license
 class or restaurant definition revisions that would allow a limited wine-only


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Liquor Commission Meeting Minutes - Final August 5, 2021

 license, with limited hours, that accommodates the petitioner, to be
 considered at the next Liquor Commission meeting. Seconded by
 Stauffer.

 Signorella added that he would like to review and revise the liquor code on
 a global scale to see if other modifications could be made to avoid these
 discussions in the future. Davenport agreed stating that licenses can be
 stale and out of date, particularly when many businesses are pivoting in
 response to COVID. Wehrli suggested that, with respect to the petitioner,
 the Commission vote the existing motion. Signorella agreed to vote the
 existing motion.


 Commissioner Vozar made a motion to direct staff to bring back 2-3 options of
 license class or restaurant definition revisions that would allow a limited
 wine-only license, with limited hours, that accommodates the petitioner, to be
 considered at the next Liquor Commission meeting, seconded by Stauffer. The
 motion was approved and carried by the following vote:

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

 Absent: 2- Mayor Chirico, and Maher

F. REPORTS:

 Approve the regular Liquor Commission meeting minutes of July 8, 2021
 Attachments: Liquor Commission Minutes DRAFT 070821

 Commissioner Davenport made a motion to approve the regular Liquor
 Commission meeting minutes of July 8, 2021, seconded by Stauffer. The motion
 was approved and carried by the following vote:

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

 Absent: 2- Mayor Chirico, and Maher

 1. Restaurant Association Report - Jeffries

 None

 2. BASSET- Employee Training Statistics - Riggs

 None

 3. Tobacco Enforcement Review - Riggs

 None

 4. Liquor Report - Riggs

 Sergeant Scott Thorsen reported in place of Detective Dan Riggs. Thorsen

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Liquor Commission Meeting Minutes - Final August 5, 2021

 reported that there were 16 DUIs in July 2021 compared to 15 in 2020 and
 16 in 2019.

 Thorsen also reported that Officer Marty Creighton will be replacing
 Detective Riggs as the Liquor and Tobacco Liaison for the Naperville
 Police Department at the end of the year.


 5. Liquor Concept Committee Update - Barfuss

 Barfuss reported that since the last Liquor Commission Meeting, the Liquor
 Concept Committee had two meetings on July 13th and on August 2nd.

 The following concepts were discussed:

 Molly’s Cupcakes, today’s petitioner

 Monarch Landing, located at 2255 Monarch Dr.
 Existing business with a Class B liquor license. They requested the ability
 to deliver unopened bottles of wine and cans of beer to resident’s rooms
 and for sale in the onsite mini-mart to residents only. They implemented this
 during COVID and requested the ability to continue. The Mayor, as Liquor
 Commissioner, approved the request with the restriction that sale be to
 residents only.

 St. Raphael Family Fun Fest, event scheduled for September 10th at
 St. Raphael Church
 They are serving beer and wine only. Their request is approved, and their
 application is in process.

 Jeanine Nicarico GLOW 5K, event scheduled for September 25th at
 5th Avenue Station
 The charity is the Jeanine Nicarico Memorial Fund for Literacy. They are
 serving beer and wine only. Their request is approved, and their application
 is in process.

 Hispanic Fest, event scheduled for September 18th in Central Park
 This event decided to work with a caterer and will not need a special event
 liquor license.

 Naperville Summer Ale Fest, event scheduled for August 28th at
 Naper Settlement
 The charity is the West Suburban Irish. Their request is in process.




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Liquor Commission Meeting Minutes - Final August 5, 2021


G. EXECUTIVE SESSION:

 None

H. ADJOURNMENT:
 Commissioner White made a motion to adjourn the Liquor Commission Meeting
 of August 5, 2021 at 3:48 PM, seconded by Vozar. The motion was approved and
 carried by the following vote:

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

 Absent: 2- Mayor Chirico, and Maher




 /S/ Miranda Barfuss
 Miranda Barfuss
 Assistant to City Council




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