Liquor Commission — Naperville, IL
Date: 2021-06-03

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



 Meeting Agenda

 Liquor Commission

Thursday, June 3, 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:
 21-0739 Installation of new Commissioner: John Koranda

 21-0706 Consider Mall of India’s request for a dispenser permit and Class B
 license

F. REPORTS:
 21-0705 Approve the regular Liquor Commission meeting minutes of April 8, 2021.


 1. Restaurant Association Report - Jeffries

 2. BASSET- Employee Training Statistics - Riggs

 3. Tobacco Enforcement Review - Riggs


City of Naperville Page 1 Printed on 5/28/2021
Liquor Commission Meeting Agenda June 3, 2021



 4. Liquor Report - Riggs

 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.




City of Naperville Page 2 Printed on 5/28/2021

City of Naperville

 400 S. Eagle Street
 Naperville, IL 60540




Meeting Minutes - Final

  Thursday, June 3, 2021

 3:00 PM



 Council Chambers



 Liquor Commission
Liquor Commission Meeting Minutes - Final June 3, 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:

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

B. ROLL CALL:
 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: Miranda Barfuss, Assistant to City Council; Jennifer Lutzke,
 Senior Assistant City Attorney; Dan Riggs, Police Detective

C. PUBLIC FORUM:

 None

D. OLD BUSINESS:

 None

E. NEW BUSINESS:

 Installation of new Commissioner: John Koranda

 Mayor Chirico installed new Commissioner, John Koranda, and
 ceremonially installed current Commissioner, Dana Davenport.


 Consider Mall of India’s request for a dispenser permit and Class B license
 Attachments: Hungry Horse restaurant menus
 Mall of India Layout 2021

 Ajay Sunkara and Vinoz Chamalou, representing Mall of India, gave an
 overview of their request. To capitalize on a concept emerging in shopping

City of Naperville Page 1 Printed on 8/13/2021
Liquor Commission Meeting Minutes - Final June 3, 2021

 malls across the country they would like to install dispenser taps for alcohol
 in their food court. Customers would be able to fill a glass and walk around
 the mall while they are shopping. This is currently being permitted in Fox
 Valley Mall in Aurora and the Fashion Outlet Mall in Chicago. They
 propose having the Hungry Horse Restaurant in the food court be the Class
 B license holder, with the dispenser permit.

 Mayor Chirico asked who is monitoring the taps. Tapville Social, for
 example, has BASSET trained servers overseeing the taps and customers
 use pre-loaded cards to dispense alcohol. Sunkara replied that it will be in
 the bar area so that it can be observed by the bartender. They would
 comply with any technology requirements currently existing for the
 dispenser permit in Naperville, which does require customers to utilize a
 programmable, preauthorized access card and video monitoring.

 Commissioners asked if Mall of India currently has a Class M liquor
 license, which was approved at the July 2020 Liquor Commission Meeting.
 Barfuss clarified that Mall of India was approved to apply for a Class M
 license but has not applied yet. Lutzke asked the petitioners if they are
 seeking to apply for a Class B with a dispenser permit and an additional
 Class M license. The petitioners replied that they will apply for one license
 or two, pending direction of the Liquor Commission.

 Commissioners discussed the quantity of drinks that customers would be
 able to pour at a time, how individuals would be prohibited from leaving the
 mall with a drink, and the product that would be dispensed. Sunkara
 replied that customers would have one drink per one glass and mall
 security and signs would be employed to prevent individuals from leaving
 the mall with a drink. The product dispensed will only be beer or wine, not
 mixed drinks. Commissioners discussed how this differs from individuals
 taking a drink from store to store in an outdoor shopping area. Mayor
 Chirico noted that the mall is an enclosed, private property establishment.

 The Commission discussed current licensees like Mariano’s who sell
 drinks at a bar but allow customers to walk around shopping with their
 beverage. Mayor Chirico noted that the “sip and shop” concept was not
 exactly what was intended in that license classification and requested
 Lutzke review the language on those licenses and bring recommendations
 on revisions, if needed, back to the Liquor Commission.

 Commissioners discussed what the licensed premise would be - the food
 court, the food court with business suites, or the entire mall. Lutzke noted
 that dram shop insurance is required to cover any area where alcohol can
 be consumed. Sunkara reported that they would like customers to be able
 to carry drinks to each store, but if that is not possible, they want to ensure


City of Naperville Page 2 Printed on 8/13/2021
Liquor Commission Meeting Minutes - Final June 3, 2021

 the food court, business suites, business lounge and the common area
 connecting those areas are licensed. Lutzke confirmed that the Liquor
 Commission can place limitations on the license to require that alcohol
 consumption remain in the food court, business suites and business lounge
 area.

 Commissioners asked if wristbands will be utilized to visually identify
 individuals age 21+ , whether there have been issues of either over-service
 or individuals leaving the premise of our current licensees that have
 dispenser permits, and what the capacity of the food court is. Riggs
 reported that there have not been issues with the licensees who have
 dispenser permits or the “sip and shop” licensed grocery stores. He
 inquired which mall staff will be BASSET trained and how the bartender will
 be able to monitor the dispensers and serve customers at the same time.
 Sunkara reported that they will inquire with the dispenser vendor regarding
 the technology of pre-loaded cards and they will utilize wristbands for
 individuals 21+. The capacity of the food court is 200 individuals.

 Davenport made a motion to approve the request of the Mall of India with
 the proper provisions in place after review of similar licenses. Vozar
 seconded. Lutzke clarified that the motion would be to approve the request
 for a Class B license with a dispenser permit for the Hungry Horse
 Restaurant if dram shop insurance is in place for all areas where the
 alcohol is served and consumed. Commissioners asked to add the
 requirement of wristbands, define the areas where alcohol can be
 consumed, and require this to return to the Liquor Commission for final
 approval. Mayor Chirico summarized that staff will create the draft Class B
 license with a dispenser permit, requiring wristbands, requiring the
 pre-loaded dispenser card and defining the allowable consumption areas
 as the food court, business lounge, business suites and the common area
 connecting them. The motion was amended and seconded.

 Commissioner Wehrli and White encouraged Commissioners to visit the
 Mall of India in advance of the next meeting to better understand the layout
 of the mall.

 Commissioner Davenport made a motion to have staff draft a Class B license with
 dispenser permit for the Hungry Horse restaurant that includes a requirement to
 use wristbands and pre-loaded dispensing cards and defines the allowable area
 of consumption as the food court, business lounge, business suites and the
 common area connecting those areas, for review at the next Liquor Commission
 meeting, seconded by Vozar. The amended 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


City of Naperville Page 3 Printed on 8/13/2021
Liquor Commission Meeting Minutes - Final June 3, 2021


F. REPORTS:

 Approve the regular Liquor Commission meeting minutes of April 8, 2021.
 Attachments: Liquor Commission Minutes 040821 DRAFT

 Commissioner Maher made a motion to approve the regular Liquor Commission
 Meeting Minutes of April 8, 2021, 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

 1. Restaurant Association Report - Jeffries

 Jeffries reported that the State of Illinois is on track for full reopening on
 June 11 with the transition to Phase 5. The Bridge Phase preceding this
 phase has been good for restaurants. Many banquets and weddings have
 been postponed multiple times, but the industry will be able to resume with
 larger numbers of attendees in Phase 5. Dine Naperville has been
 adapting to the restrictions throughout the pandemic and extended thanks
 to the Mayor for the Executive Orders that helped restaurants and to all the
 residents that supported our restaurant industry during this time. The
 legislation allowing cocktails-to-go has been extended to Jan 2, 2024. This
 helps the businesses who invested in equipment for cocktails-to-go to
 continue offering this. Governor Pritzker additionally enabled bars and
 restaurants to offer a free drink to vaccinated customers from June 10 - July
 10. Naperville is also promoting specials for visitors to the area who may
 be coming to view the Frida Kahlo exhibit at College of DuPage. The
 biggest issue for our restaurants currently is a lack of workers. Restaurants
 are reducing the size of their menu, closing on extra days or reducing
 hours. Dine Naperville is exploring options for partnering with the Career &
 Networking Center to pre-BASSET train potential employees. Mayor
 Chirico praised Dine Naperville for helping to get the information out about
 COVID-relief grants over the past year and noted that Naperville
 restaurants received the highest number of grants from DuPage County.


 2. BASSET- Employee Training Statistics - Riggs

 Riggs reported that he receives approximately 30 new applicants a week
 for the online BASSET class. There are currently 136 enrolled. He has
 inquired when he can resume holding in-person live classes and that is still
 pending.


 3. Tobacco Enforcement Review - Riggs


City of Naperville Page 4 Printed on 8/13/2021
Liquor Commission Meeting Minutes - Final June 3, 2021

 Riggs reported that he completed compliance checks on tobacco licenses
 in May and there were 2 violations, one gas station and one vape shop.
 Lutzke reported that the 3 violations from March will be served with
 violations next week and they will have to contact us to schedule a hearing
 or negotiate a settlement. Mayor Chirico noted that we went multiple years
 without a violation and inquired whether we need to do additional training
 with tobacco businesses. Commissioner Maher asked if these violations
 relate to our Tobacco 21 law in Naperville. Riggs replied that during the
 most recent compliance checks he worked with teens who were 15 years
 old and 19 years old. Both were able to purchase vaping products. Mayor
 Chirico noted that the penalties for violating our tobacco rules are
 significant and operators learn through these compliance checks that it is
 not worth taking a chance on selling to a minor.


 4. Liquor Report - Riggs

 Riggs reported that there were 11 DUIs in March 2020 and 15 in March
 2021. There were 5 DUIs in April 2020 and 11 in April 2021. Mayor
 Chirico noted that we are comparing current DUIs with last year's COVID
 shutdown period . Riggs added that in April 2019 we had 34 DUIs and
 agreed that we still experiencing a lower number of DUIs than we had
 previous to COVID.


 5. Liquor Concept Committee Update - Barfuss

 Barfuss reported that since the last Liquor Commission Meeting, the Liquor
 Concept Committee had two meetings on April 15, 2021 and May 20,
 2021.

 The following concepts were discussed:

 JoJo’s ShakeBar, located at 5 West Jackson
 New business seeking a Class B license with outdoor seating and a late
 night permit. Their request was approved. Their application is in process.

 Naper Nights, events scheduled for July 16-17, August 13-14, and
 September 17-18 at Naper Settlement
 The charity is the Naperville Heritage Society. They are serving beer and
 wine only. The event is approved and their application is in process.

 HomeFront Naperville, event scheduled for September 25-26 at Naper
 Settlement
 The charity is Naper Settlement. They are serving beer and wine only. The
 event is approved and their application is in process.


City of Naperville Page 5 Printed on 8/13/2021
Liquor Commission Meeting Minutes - Final June 3, 2021

 Oktoberfest, event scheduled for October 1-2 at Naper Settlement
 The charity is the Naperville Heritage Society. They are serving beer and
 wine only. The event is approved and their application is in process.

 Howlin’ at the Moon, event scheduled for October 22-23 at Naper
 Settlement
 The charity is Naper Settlement. They are serving beer and wine only. The
 event is approved and their application is in process.

 Last Fling, event scheduled for September 3 - 6 on Jackson Avenue
 The charity is Naperville Jaycees. They are serving beer, wine, hard seltzer
 and two canned cocktails. The event is approved and their application is in
 process.

 Naperville Food Truck Fest, event scheduled for August 7, 2021 at
 Naper Settlement
 The charity is Community Access Naperville. They will serve beer, cider,
 and hard seltzer. The event is approved and their application is in process.

 St. Peter and Paul Church 175th Celebration, event schedule for
 August 28, 2021 in their parking lot
 They will serve beer and wine. The event is approved and their application
 is in process.

 Naperville Salute, event scheduled for July 2-3 on Rotary Hill
 The charity is Naperville Responds for our Veterans. They will serve beer,
 hard seltzer and two canned cocktails. The event is approved and their
 application is in process.

 Naper Pride Fest, event schedule for September 11-12 at Naper
 Settlement
 The charity is Naper Pride. They will serve beer, wine, hard seltzer, hard
 cider and two canned cocktails. The event is approved and their
 application is in process.

 Mario Tricoci, located at 1512 N. Naper Blvd.
 This existing business would like to apply for a Class M - Lifestyle
 Amenities license. Their application is approved and their application is in
 process.

 Mayor Chirico noted that JoJo’s Shake Bar is a full service restaurant and
 alcoholic milkshakes are not permitted to leave the premises.


G. EXECUTIVE SESSION:


City of Naperville Page 6 Printed on 8/13/2021
Liquor Commission Meeting Minutes - Final June 3, 2021

 None

H. ADJOURNMENT:

 Commissioner Stauffer noted that the Commission often struggles with
 making new liquor concepts work with the existing liquor code. He asked if
 a principles-based approach may be more effective than the rules-based
 approach we currently have to ensure our liquor code is business friendly
 and possibly reduce the number of license classes. Mayor Chirico
 commented that the liquor code was revised recently and many of the liquor
 rules were thoughtfully crafted to be a bit difficult and avoid proliferation.
 Commissioner Wehrli noted that there have been many changes over time
 and the liquor rules were designed to prevent bars and package stores
 from turning up at every corner in the City. He went on to say that the
 biggest challenge today is to stay in front of trends and concepts that we
 never thought about before they arrive at the Liquor Commission for
 consideration. Signorella said he would support a review of the liquor
 license classes.

 Commissioner Maher made a motion to adjourn the Liquor Commission Meeting
 of June 3, 2021 at 4:25 PM. 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




City of Naperville Page 7 Printed on 8/13/2021