Liquor Commission — Naperville, IL
Date: 2019-04-04

City of Naperville

 400 S. Eagle Street
 Naperville, IL 60540




 Meeting Agenda

Thursday, April 4, 2019

 3:00 PM




  Council Chambers


Liquor Commission
Liquor Commission Meeting Agenda April 4, 2019



A. CALL TO ORDER:

B. ROLL CALL:

C. PUBLIC FORUM:

D. OLD BUSINESS:
 19-130B Consider Balboa’s Cheesesteaks’ request for a BYOB liquor license.

 19-131B Consider Buzzed Bull Creamery’s request for a new liquor license
 classification

E. NEW BUSINESS:
 19-322 Consider Last Fling’s request to sell spirits

 19-323 Consider Ribfest’s request to include three spirit samplings consisting of
 one ounce of spirits each with the purchase of admission
 19-325 Consider proposed revisions to the Liquor Commissioner’s Rules
 concerning cash sales at Special Events and residency requirements
 Attachments: Rules Updated 2019

 19-326 Consider removal of the Outdoor Seating Permit’s “Sunset Provision”

 Attachments: Outdoor Seating Permit


F. REPORTS:
 19-327 Approval of February 7, 2019 meeting minutes

 Attachments: Minutes 020719


 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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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, April 4, 2019 3:00 PM Council Chambers


A. CALL TO ORDER:

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

B. ROLL CALL:
 Present 8- Marc Blackman, Mayor Steve Chirico, Charles Maher, Paul O'Toole, Whitney
 Robbins, Joe Vozar, Scott Wehrli, and Kimberly White
 Absent 2- Pam Davis, and Mitch Stauffer


C. PUBLIC FORUM:

 There was no one present to speak under Public Forum.

D. OLD BUSINESS:

 Consider Balboa’s Cheesesteaks’ request for a BYOB liquor license.

 Jennifer Lutzke, Senior Assistant City Attorney, stated that prior to this meeting
 she circulated a draft proposal for language if the commission recommends
 creating a Bring Your Own Bottle license. The definition section is on the first
 page of the proposed revisions. A new Class L license was created.
 Requirements would be that it would need to meet the definition of a restaurant,
 they would be limited to one bottle of wine not exceeding 750mil or three beers
 not exceeding 36 oz per person. Service of beer and wine has to be exclusively
 with and incidental to the service of food. Staff, employee or agent has to serve
 the beer or wine. The consumption is limited from 5pm - 11pm. This is what
 was required the last time we had this type of license. The annual fee is $1,000.
 It states within the license, they cannot sell alcoholic liquor and the wine has to
 be sealed. If you already have a liquor license you would not be able to receive
 this license.

 Previously, there was discussion about Corkage. Included in the draft revisions
 is a section pertaining to Corkage. This would be a permit with no fee allowed
 for Class A, B, I & J. This is only for wine.

 Additionally added in the code under Prohibited Acts, those licensees that don't
 have Bring Your Own Bottle License or a Corkage Permit are not allowed to
 have people bring in their own beer and wine.

 Karen Toner asked about the hours. Emy Trotz, Executive Assistant/Mayor,
 stated that the reason for the hours was because the previous licensee was
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Liquor Commission Meeting Minutes April 4, 2019

 located near a day care facility. Mayor Chirico stated that wouldn't apply to this
 location and the hours could be modified.

 Mayor stated that this is a code revision. This body is an advisory board and the
 final decision would be up to City Council.

 Commissioner Vozar wanted BASSET training added to the Class L license
 requirements.

 Regarding Corkage, Commissioner Vozar would like 750mil per person.

 Commissioner Blackman feels they should get a Class A license.

 Mayor Chirico stated that if BYOB is not recommended that there should be a
 recommendation to prohibit BYOB. He asked for clarification if BYOB and
 Corkage had to be tied together or if they could be separated. Jennifer Lutzke,
 Senior Assistant City Attorney, replied that they could be separated. Her
 recommendation would be since we currently have Corkage language on the
 permit should allow licenses A, B, I & J to continue that practice. And also, we
 should modify the BYOB and include the Class L or revise the language and
 make BYOB with the exception of Corkage to be prohibited.

 Karen Toner replied that they are asking for the BYOB because it is very
 oriented with the Philly Cheese Steak in Philadelphia and they have storage
 issues.

 Commissioner Maher asked if there would be a cap on this license class.

 Mayor Chirico stated that the cap would be a decision of the Liquor
 Commission.

 Commissioner Vozar asked if anyone had heard from the Chamber or the
 Restaurant Association. Mayor Chirico asked if we received a letter. Christine
 Jeffries, NDP, stated that the DNA did have a letter that the members
 unanimously did not support the BYOB. The Restaurant Association has not
 discussed this yet but the Chairman is not in favor of BYOB.

 Commissioner O'Toole asked if the three beers could be reduced to two beers.

 Commissioner Wehrli is not a fan of the BYOB and would encourage the
 petitioner to apply for a Class A liquor license.



 Commissioner Wehrli moved to deny the petitioners request for a BYOB license
 and amend the City Ordinance to reflect that BYOB is prohibited within the
 Liquor Code, seconded by Commissioner Maher.

 Aye: 2- Blackman, and Wehrli

 Nay: 5- Maher, O'Toole, Robbins, Vozar, and White

 Excused: 1- Mayor Chirico

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 Absent: 2- Davis, and Stauffer

 Commissioner Wehrli asked for input from the Police Department. Detective
 Dan Riggs stated he is concerned with pregaming and people walking the
 streets with beer. There is a two beer limit but how many times may they bring
 the beer in?

 Commissioner Blackman feels this is not needed. It will cause too many issues.

 Commissioner O'Toole reiterated that the DNA is saying no. Other respected
 groups are saying no to this concept. Police are saying this is questionable.
 This is a difficult decision.

 Commissioner Vozar sees this causing confusion on where you can go for
 BYOB.
 Commissioner Maher moved to accept as written with the amendment to put a
 one year review with one location, and reduce the beer to two bottles, seconded
 by Commissioner O'Toole.

 Commissioner Maher moved to amend the municipal code to allow for a Corkage
 Permit allowing 750 mil per person of wine and to specifically exclude anyone
 without a Corkage Permit from allowing alcohol to be brought on the premises,
 seconded by Commissioner Blackman.

 Aye: 7- Blackman, Maher, O'Toole, Robbins, Vozar, Wehrli, and White

 Excused: 1- Mayor Chirico

 Absent: 2- Davis, and Stauffer


 Consider Buzzed Bull Creamery’s request for a new liquor license classification

 Chip Vonlehman was present to request a liquor license for the Buzzed Bull Ice
 Cream Shop.

 Cathy Bouchard, Le Chocolat, read about this in the newspaper. This is not fair.
 Years ago, what she went through to get a liquor license to serve a chocolate
 martini in a chocolate shop. It cost well over $60,000 to comply with Naperville
 codes and restrictions to get a liquor license. Now an ice cream shop comes
 along and they will be granted a license. Licenses are very costly and it's not fair
 that the code is changing. I was told no several times. I wanted to be heard that
 two years later it's just being given to someone to add it to ice cream. It was a
 struggle.

 Cathy owns Le Chocolat with three locations and holds two liquor licenses. She
 put the restaurant in to qualify for the liquor license.

 Commissioner Maher stated that this concept is just ice cream no liquid drinks
 with alcohol.

 Commissioner Vozar is a firm no on this. His concern is what will be next
 (cupcakes, fruit). He asked if the Chamber, DNA or Restaurant Association

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 have spoken about this. Christine Jeffries said the Chairman of the Restaurant
 Association feels this is a Tavern License. We have tried to limit the Tavern
 Licenses. There are five other ice cream stores in the downtown, it would have
 to be offered to them too. You can't give an exclusive license to someone who
 comes in. Colin Dalough, Director of Government Affairs, Naperville Area
 Chamber of Commerce, stated that they have no official opinion on this
 concept. Katie Wood, DNA, stated that they discussed this at their February
 meeting. Their board was favorable to the idea. The Chairman of DAC was not
 in favor of this concept. They felt there was a cap but others would be able to
 come and ask for this license.

 Commissioner Maher stated that this could be equipment based, how it is being
 produced. If others wanted to do this, they could add this equipment.

 Commissioner Wehrli stated that when going through the rewrite of the
 ordinances, we tried to get a handle on all of the different license classifications.
 We have twenty license types and ten permit types. There are three license
 classifications that you qualify right now, Class A-Restaurant, Class
 B-Restaurant/Tavern and Class C-Tavern. Most likely you would need a Tavern
 license since you don't have a kitchen. Those are the most restrictive license in
 Naperville at this time. He is not a fan.

 Commissioner O'Toole stated that if we open this up then the gelato places will
 come in. He is a no.

 Commissioner White agrees with Commissioner O'Toole. She struggled with
 this the last time. She asked Detective Riggs what he felt. Detective Riggs
 replied that if a new license was created,competitors would want to do the
 same. Regarding the Police, there would be different rules on how the ice
 cream would be offered to children.

 Chip Vonlehman reiterated that they would not be serving any drinks only
 alcoholic ice cream.

 Mayor Chirico stated that currently he fits the Tavern License but it is capped
 and would need City Council approval to raise the cap. A new license was also
 created. The Mayor asked the petitioner if they would like to be presented as a
 Tavern License or the new Confectionary License. Chip answered he didn't
 have a preference on which license he would receive.

 Commissioner Vozar stated that at the last meeting staff was asked to create a
 new classification.

 A recommendation is needed to go to City Council.




 Commissioner Vozar moved to approve the Class O Confectionary License and
 approve the petitoners request to receive this license, seconded by

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 Commissioner Maher

 Aye: 1- Maher

 Nay: 6- Blackman, O'Toole, Robbins, Vozar, Wehrli, and White

 Excused: 1- Mayor Chirico

 Absent: 2- Davis, and Stauffer

E. NEW BUSINESS:

 Consider Last Fling’s request to sell spirits


 Tyler Petersen, Last Fling Director, and John Barry, Star Events, were present
 to request the opportunity to sell spirits. It's not a full bar nor is it shots. It will be
 a mixed beverage, vodka lemonade. It would be pre mixed in a five gallon
 dispenser. They would follow the same restrictions and rules that are in place
 for serving beer and wine.

 Mayor Chirico asked if it would be mixed on site. Yes,it would be mixed on site.
 The proportion of alcohol would be what the City suggests.

 John Barry stated that they want to sell like they do beer and wine. This is
 financially driven. They would like to get a liquor sponsor. The amount of alcohol
 being controlled is the same as in a beer or glass of wine. He has done this at
 other events and hasn't had any issues.

 Commissioner Wehrli said there are two areas where they serve beer and
 wine. Is your plan to add on to those beer and wine booths or a new space?
 They would be added to those two locations. There wouldn't be spirits at Naper
 Settlement.

 Commissioner O'Toole asked if these drinks would be mixed as ordered? No,
 they will be premixed in a 5 gallon giant bucket.

 Commissioner Blackman asked if professional bartenders would be mixing the
 drinks? Yes, professional bartenders would be making these drinks. There will
 be a mixed station behind the booths. They will have a strict menu that they
 need to follow the recipe.

 Mayor Chirico stated that the Jaycees had said that the Last Fling would go
 back to being a smaller community event. This seems like it's going in the
 opposite direction. John Barry said it's more for customer service. He's trying to
 accommodate what the consumer expects.

 Commissioner White asked if they will be limited to two drinks at a time. Yes,
 only two drinks at a time. She asked if it would be only vodka. It will depend what
 alcoholic company will sponsor the event.

 Mayor Chirico asked the total content of each drink. It would be a 12oz drink with

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 1 1/2oz alcohol.

 Commissioner Vozar asked Detective Riggs what he thought. Detective Riggs
 stated that the drink with spirits has the same alcoholic content as a beer. He
 does not see an issue.

 Commissioner Blackman asked if there are any concerns that if this is allowed
 other events will want to do the same thing. Detective Riggs would like verified
 what is being brought in the coolers. This is a concern.

 Commissioner Maher stated that we have to be cautious because Ribfest is on
 the agenda next and if this is allowed they may ask for the same thing. Mayor
 Chirico responded that we take each request on a case by case basis.

 Commissioner Vozar asked staff what the process is for this permit. Is it beer
 and wine only?

 Commissioner Blackman asked John Barry if he would come to the next Liquor
 Commission meeting and give the Commission some Best Practices to help
 them make a decision.

 John Barry is happy to come and outline protocol. He said the timing is of the
 essence.

 Mayor Chirico asked if he would include the security of the liquor.

 Commissioner Vozar asked if they would be willing to only sell the alcohol at
 one location for the first year.
 John Barry agreed.

 Mayor Chirico requested John Barry to also bring back a layout of the serving
 area.


 Commissioner Vozar moved to table this agenda item to the May 9, 2019 meeting
 and ask the petitioner to bring back the information discussed, seconded by
 Commissioner Maher.

 Consider Ribfest’s request to include three spirit samplings consisting of one ounce of
 spirits each with the purchase of admission
 Rick Grimes, Ribfest Executive Director, wanted to talk about sampling
 opportunities at the park. They are looking on expanding the samplings. They
 are looking at three locations - Sky Box, VIP and general park area. They are not
 using the RFID system this year. The wrist bands will have 3 tabs on it for the 3
 tastes. For the Sky Box and VIP Area, would have a 1oz spirit with 3oz mix. The
 other would be a 2oz sampling of hard cider. The sponsor would have people
 making the drinks. In the general area, there would be a 2oz sampling of cider
 and 1/4oz of spirits for a total of a 1oz sample.

 Detective Riggs stated that there were no issues last year with the tastings.


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 Commissioner Blackman asked if there was a cost for the samples. No, they
 are part of the admission.

 Mayor Chirico asked if the ticket stub is attached to the wristband. Yes, it is
 attached.

 Commissioner Vozar said the combination of the two samples to total three
 samples.

 Commissioner Blackman asked if someone appears to be over served, would
 they be able to receive the three samples. No they would not be served.



 Commissioner Maher moved to accept the proposal as presented, seconded by
 Commissioner O'Toole.

 Aye: 7- Blackman, Maher, O'Toole, Robbins, Vozar, Wehrli, and White

 Excused: 1- Mayor Chirico

 Absent: 2- Davis, and Stauffer


 Consider proposed revisions to the Liquor Commissioner’s Rules concerning cash sales
 at Special Events and residency requirements
 Jennifer Lutzke, Senior Assistant City Attorney, stated that she had circulated
 draft proposed revisions to the Rules since the last Liquor Commission
 Meeting. The proposed new Rule would require that all events with expected
 attendance of more than 1,800 people shall not have a cash bar unless the bar
 is staffed by employees, staff members,or a third party-company that is
 licensed, bonded and insured. Instead of a cash bar, an event may use ticket
 sales, Radio-Frequency Identification technology, or a similar technology
 approved by the Liquor Commissioner for the sale of alcoholic liquor.
 Additionally, we removed the Rule that pertained to residency requirements.
 This is before the Commission for approval of those revisions.

 Mayor Chirico said at the last meeting the number was 2,000 but it was lowered
 to cover all major events.

 Commissioner Vozar asked Detective Riggs is this was consistent with what
 the Police Department recommended. Yes, it is consistent with their
 recommendation.


 Commissioner Vozar moved to accept the changes to the Rules as presented by
 staff for revisions to the ticket cash sales, seconded by Commissioner Blackman.

 Aye: 7- Blackman, Maher, O'Toole, Robbins, Vozar, Wehrli, and White

 Excused: 1- Mayor Chirico

 Absent: 2- Davis, and Stauffer



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 Consider removal of the Outdoor Seating Permit’s “Sunset Provision”

 Jennifer Lutzke, Senior Assistant City Attorney, stated that last year the Liquor
 Commission recommended to City Council that they remove the sunset
 provision to the Outdoor Seating Permit. Instead of accepting the
 recommendation, City Council extended the sunset provision to April 30, 2019.
 This is before the Liquor Commission to make one of the following
 recommendations: vote to remove the outdoor seating permit from the liquor
 code,vote to remove the sunset provision portion of the outdoor seating permit
 from the liquor code or vote to extend the sunset portion of the outdoor seating
 permit for another year.

 Mayor Chirico asked Detective Dan Riggs if there have been any issues or
 complaints regarding outdoor seating. There haven't been any issues or
 complaints. Mayor Chirico stated that the first year there was a complaint on the
 Craftsman's seating area but that was changed and he is not aware of any
 further complaints.

 Commissioner Vozar stated that the businesses owners would like to see the
 sunset provision removed in order for them to invest in nicer furniture and a
 better layout.


 Commissioner Vozar moved to remove the sunset provision for outdoor seating
 from the Liquor Ordinance.

 Aye: 7- Blackman, Maher, O'Toole, Robbins, Vozar, Wehrli, and White

 Excused: 1- Mayor Chirico

 Absent: 2- Davis, and Stauffer

F. REPORTS:

 Approval of February 7, 2019 meeting minutes



 A motion was made by Commissioner Maher, seconded by Commisioner Vozar to
 approve the February 7, 2019 meeting minutes.

 1. Restaurant Association Report - Jeffries

 Christine Jeffries, NDP Executive Director, said that on DineNaperville.com has
 a listing of the Easter Brunch specials.

 2. BASSET- Employee Training Statistics - Riggs

 Detective Riggs reported that in February 101 people attended with 17 no
 shows. The March class had 99 people attend with 24 no shows.

 Mayor Chirico asked about the online training.There have been just under 100
 people trained through the online training.


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 3. Tobacco Enforcement Review - Riggs

 Detective Riggs reported that they are currently inbetween the tobacco
 compliance checks.They are finalizing the volations from the last time.

 Jennifer Lutzke, Assistant Senior City Attorney, stated that 7-eleven at 1490 E.
 Chicago Avenue was cited for their employee selling cigarettes to a minor on
 Fegruary 2, 2019. In March 29, 2019 7-eleven entered into a stipulation waiving
 their rights to a hearing, admitting to the infraction and agreed to pay a $500
 fine. On April 1, 2019 Mayor Chirico, the Liquor Commissioner, entered an order
 assessing the $500 fine for that violation.

 Mayor Chirico stated that we have had seven violations on tobacco this past
 year. Currently, there is a provision in the code that states if you receive a
 viloation for selling tobacco products to a minor that you have to have your
 employees take a special course for a year. We currently don't have this
 program but Detective Riggs will put together a class similar to BASSET that
 talks about age specifications and ID checking.

 Commissioner Wehrli asked if the violations were for cigarettes or vape. It was
 only cigarettes.

 4. Liquor Report - Riggs

 Detective Riggs reported that in February 2018 we had 23 DUI's and for
 February 2019 there were 18 DUI's. For March 2018, there were 22 DUI's and in
 March of 2019 there were 33 DUI's. We did have some special grants in March
 around St. Patrick's Day that accounts for an increase in DUI's by about 10.

 5. Liquor Concept Committee Update - Trotz

 Trotz reported the following Liquor Concepts
 February 21, 2019

 Gyu-Kaku
 47 E. Chicago
 This is a Japanese Steak House with no Late Night.

 Last Fling and Ribfest have already been discussed.

 Hampton Inn would like a liquor license.

 Absolute BBQ on Ace Lane, formerly India BBQ is requesting a Class A liquor
 license.

 March 21, 2019
 Food Truck Festival will be held in August at Naper Settlement. He is looking for
 a charity. It will be 20 - 30 Food Trucks.

G. EXECUTIVE SESSION:


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H. ADJOURNMENT:

 Commissioner Vozar moved to adjourn the meeting at 5:00pm, seconded by
 Commissioner Robbins. Motion was approved unanimously.




 /S/ Emy Trotz
 Emy Trotz
 Executive Assistant/Mayor




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