Liquor Commission — Naperville, IL
Date: 2019-02-07

City of Naperville

 400 S. Eagle Street
 Naperville, IL 60540




  Meeting Agenda

Thursday, February 7, 2019

 3:00 PM




 Council Chambers


Liquor Commission
Liquor Commission Meeting Agenda February 7, 2019



A. CALL TO ORDER:

B. ROLL CALL:

C. PUBLIC FORUM:

D. OLD BUSINESS:
 18-1131B Consider allowing cash beverage sales for Special and Temporary
 Permits
 Attachments: Beverage Ticket Sale Report


E. NEW BUSINESS:
 19-130 Consider Balboa’s Cheesesteaks’ request for a BYOB liquor license.

 19-131 Consider Buzzed Bull Creamery’s request for a new liquor license
 classification
 19-133 Consider whether Bellissimo Bar meets the requirements for a liquor
 license

F. REPORTS:
 19-132 Approval of January 3, 2019 Liquor Commission Meeting Minutes

 Attachments: Draft Meeting Minutes - January


 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, February 7, 2019 3:00 PM Council Chambers


A. CALL TO ORDER:

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

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


C. PUBLIC FORUM:

 There was no one present to speak under Public Forum.

 Commisioner Vozar moved to close the Public Forum, seconded by
 Commissioner White.

 Aye: 8- Blackman, Davis, Maher, O'Toole, Robbins, Vozar, Wehrli, and White

 Excused: 1- Mayor Chirico

 Absent: 1- Stauffer

D. OLD BUSINESS:

 Consider allowing cash beverage sales for Special and Temporary Permits

 Sergeant Dan Fisher reported that the Police Department drafted a letter of
 recommendation. In summary, ticket sales were put into affect fifteen years
 ago to eliminate internal theft. The Police Department would like to continue with
 the use of tickets for purchase of beer and wine. Last year, Ribfest used the
 RFID bracelets and that worked fine. Festivals using a bonded company that is
 working as an agent of the festival also works.

 Mayor Chirico stated that we will come up with a recommendation that will go
 into the Rules. This does not have to go to Council for approval.
 Commissioner Vozar moved to adopt a change to the Rules that requires large
 scale events (2000 attendees) ticket sales to be amended to include other forms
 that are acceptable non cash or cash controlled procedures that meet the
 Mayor's approval, seconded by Commissioner O'Toole.

 Aye: 8- Blackman, Davis, Maher, O'Toole, Robbins, Vozar, Wehrli, and White



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 Excused: 1- Mayor Chirico

 Absent: 1- Stauffer

E. NEW BUSINESS:

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

 Rob Toner and Karen Lavere, owners of Balboa's Cheesesteak, are asking for
 the ability to have a BYOB liquor license. Customers would come in and bring in
 limited amount of alcohol. They would open it for them. They would only allow
 this until 11pm seven days a week. They will card everyone who comes in. Beer
 would be limited to 3 and wine by the bottle for two people. Everyone would be
 BASSET trained. They have security cameras.

 Mayor Chirico asked if the Chamber had given an opinion on this item. Emy
 Trotz, Executive Assistant/Mayor, stated that Colin Dalough couldn't attend but
 wanted to report that their members have discussed it. There are a few
 members where this wouldn't pertain to them and they don't have any view on it
 but there are several members that still want to discuss it. They aren't in favor
 of it but would like to continue to discuss it.

 Commissioner Davis asked if there are other establishments that have this type
 of license. Mayor Chirico responded that we do not and we do not have a BYOB
 license, one would have to be created. This commission does not have the
 authority to do that on its own. We would have to go to City Council for their
 approval.

 Commissioner Blackman asked if they have a liquor license. No, they do not.
 They qualify for a Class A license but they are very small and don't have the
 room for storage.

 Commissioner Blackman asked the Commissioners if other communities allow
 you to bring in your own wine. Detective Riggs responded that Napervile has
 this. It is called Corkage and is available for those who hold a Class B liquor
 license.

 Commissioner Vozar asked if the State of Illinois had a BYOB license. Jennifer
 Lutzke, Senior Assistant City Attorney, responded that the State of Illinois
 doesn't require a license for BYOB. Other municipalities have specific licenses
 for BYOB. Our code now doesn't specifically address BYOB. Her
 recommendation would be to vote to allow a BYOB liquor license or specifically
 prohibit it in the code. We would make a recommendation to City Council to
 prohibit it and add a text amendment to the code. Her recommendation at the
 end of this discussion would be to make a recommendation to allow for a BYOB
 liquor license or provide specific language in the code prohibiting BYOB.

 Commissioner Wehrli stated that we had a BYOB liquor license years ago prior
 to the rewrite of the entire liquor code. The reason it was eliminated was that we
 went a couple of years without a BYOB license.


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 Commissioner Robbins asked how they will manage if someone doesn't drink
 all of the beer and wine. They will only be allowed to bring in 3 beers and they
 will look into the packaging of the wine.

 Commissioner O'Toole asked what would happen if someone came from Bar
 Louie and brought a beer. It has already happened. They take the drink away
 and call Bar Louie to let them know they have their glass.

 Detective Riggs asked if they will be serving the drinks. They do not have
 servers. When they come in to order the food, they would be asked if they are
 drinking and what they will be drinking. They will open it for them. Detective
 Riggs replied that this is different from corkage. With corkage, the server takes
 the bottle of wine and serves it to the customer.

 Commissioner Blackman asked who is responsible if someone shows up
 intoxicated and they have a beer in your establishment and something happens,
 who is responsible. Jennifer Lutzke responded that they would have to have
 Dram Shop Insurance. Then if something happens, they would be covered by
 the insurance.

 Commissioner Davis asked if they could go ahead and do BYOB now. Jennifer
 Lutzke stated that is an unclear area, it is not specifically prohibited in the code.
 Her recommendation is if we do not create a classification for BYOB we should
 specifically prohibit it in the code.

 Commissioner Vozar stated that some municipalities have enforced public
 drinking as a means to control this. The language was silent but it was not legal
 in a public place to consume alcohol.

 Commissioner White asked how would they handle if someone came to their
 place, went to Bar Louie and then came back to their place. They haven't
 thought about this. They could limit it to 3 beers a day. Commissioner White
 asked how many seats were in their restaurant. There are 16 seats in their
 restaurant.

 Commissioner Vozar feels Class A license works and they should try to make
 that work. He will be recommending a Class A.

 Mayor Chirico stated that we talk about the proliferation of licenses. We should
 consider if this license is approved, how it will be used or misused.

 Commissioner Davis is in favor of the BYOB with proper training.

 Commissioner O'Toole if they would be open to reducing the number of beers
 to 2 and they would be open to that.

 Jennifer Lutzke clarified that Corkage has been omitted from the code. This will
 be cleared up since Class B licenses are still doing it.

 Commissioner Robbins mentioned that she travels to New Jersey and she has
 done BYOB. She sees their vision and gets it.

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 Mayor Chirico said there is some work to be done. We need to clarify corkage.

 Detective Riggs added that the restaurants that do have corkage charge a fee
 for it. When they are serving the wine, they are being served under that
 establishments liquor license and their insurance.

 Mayor Chirico asked if you could bring in beer too. Corkage is just for wine.

 Commissioner Blackman stated that the traditional way is for wine but there are
 craft beers that people might want to bring in and technically should be allowed
 to. There would be a fee for corkage.

 Mayor Chirico stated that we ask staff to bring back for discussion: a BYOB
 Class, clean up recommendations on Corkage, and clean up recommendation
 on the ability to bring in beer and wine to Class A & B.


 Commissioner Vozar moved to direct staff to bring back a proposed draft for a
 BYOB license and amend the code for Corkage across the licenses. Included in
 these drafts are history on BYOB and Corkage, seconded by Commissioner
 Maher.

 Aye: 8- Blackman, Davis, Maher, O'Toole, Robbins, Vozar, Wehrli, and White

 Excused: 1- Mayor Chirico

 Absent: 1- Stauffer

 Commissioner Vozar moved to direct staff to bring back for our next meeting
 information regarding what other municipalities have done to address both
 BYOB, Corkage and best practices, seconded by Commissioner O'Toole.

 Aye: 8- Blackman, Davis, Maher, O'Toole, Robbins, Vozar, Wehrli, and White

 Excused: 1- Mayor Chirico

 Absent: 1- Stauffer


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

 Chip VonLehman, Buzzed Bull Creamery, is looking to bring a Buzzed Bull
 Creamery franchise to Naperville. They will not serve a drink. The liquor is
 infused in ice cream, shakes or coffee. They make the ice cream in front of the
 customer which is flash frozen with liquid nitrogen. He showed a video. They
 are family friendly.

 Mayor Chirico feels the deal breaker would be the coffee. Chip mentioned that
 The Craftsman serves coffee cocktails. Mayor Chirico feels this will be a
 challenge. He asked how much alcohol would be in the ice cream.
 There would be 1 1/2 oz - 3 oz of alcohol in the ice cream.

 Commissioner Wehrli stated that Craftsman has a Class B liquor license. We
 have had someone in the past come in, ask for this same thing and was

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 denied. They then made changes and got a Class A license. There is a
 precedent.

 Commissioner Davis thinks the concept is good. She doesn't feel that was
 done in the past has to regulate what we do in the future.

 Commissioner White asked if there could be a cap put on this license. Yes,
 there could be a cap.

 Commissioner Vozar stated that we have gone through this with Starbucks. He
 would encourage them to become a restaurant.

 Mayor Chirico asked if the coffee was a significant part of the concept? Chip
 replied if it came between having the concept here and not serving liquor in the
 coffee and not having the concept here at all, he would look at not serving liquor
 in the coffee.

 Commissioner Davis does not want to limit him on what he can serve.

 Commissioner Maher sees this being different from Starbuck's request . They
 were asking to sell beer and wine. He would like to be more open for
 discussion.

 The coffee drink has an ice cream base. It is not just coffee with alcohol in it.

 Commissioner Wehrli asked how they keep the people in the store. They would
 use a different colored cup for the ice cream with liquor or serve it in a glass
 dish.

 Commissioner Blackman asked if someone had a Class C - Tavern where food
 is not required, would they be able to bring in nitrogen ice cream and have this
 concept? Yes but Class C's are capped. A license with infused food could be
 created.

 Jennifer Lutzke clarified that they are looking in the downtown area and there is
 a prohibition of package stores in the downtown .

 Commissioner Maher asked if they would be open to put a restaurant in their
 establishment that would allow you to do both? Their preference is not to do
 that.

 Commissioner Robbins asked about the name Buzzed. It is the name of the
 Franchise.
 Commissioner Davis moved to direct staff to establish a class of license that
 includes liquid nitrogen with a cap of one, seconded by Commissioner Maher.

 Aye: 6- Blackman, Davis, Maher, O'Toole, Robbins, and White

 Nay: 2- Vozar, and Wehrli

 Excused: 1- Mayor Chirico


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 Absent: 1- Stauffer


 Consider whether Bellissimo Bar meets the requirements for a liquor license

 Commissioner Maher moved to take no action and direct staff to put this item on
 the agenda when the petitioner is ready to do so, seconded by Commissioner
 O'Toole.

 Aye: 8- Blackman, Davis, Maher, O'Toole, Robbins, Vozar, Wehrli, and White

 Excused: 1- Mayor Chirico

 Absent: 1- Stauffer

F. REPORTS:

 Approval of January 3, 2019 Liquor Commission Meeting Minutes

 A motion was made by Commissioner Maher, seconded by Commissioner
 O'Toole to aprove the January 3, 2019 meeting minutes.

 Aye: 8- Blackman, Davis, Maher, O'Toole, Robbins, Vozar, Wehrli, and White

 Excused: 1- Mayor Chirico

 Absent: 1- Stauffer

 1. Restaurant Association Report - Jeffries

 No report.

 2. BASSET- Employee Training Statistics - Riggs

 Detective Riggs reported that in January, 86 people attended BASSET training
 with 10 no shows.

 3. Tobacco Enforcement Review - Riggs

 Detective Riggs reported that he did a round of compliance checks and out of
 the seventy checked there were three that didn't pass. There were two gas
 stations and one convenient store.

 Mayor Chirico would like this discussed in the BASSET classes.

 4. Liquor Report - Riggs

 Detective Riggs reported that in January 2018 there were 15 DUI's and in
 January 2019 there were 16 DUI's.

 5. Liquor Concept Committee Update - Trotz

 Trotz reported the following Liquor Concepts
 January 17, 2019


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 UMAI AJI-YA (formerly Boraan's)
 Rt. 59/ North Aurora Rd.
 Class A

 Godavari
 Class B
 Located next to the Patel's Grocery Store

 Balboa's
 They presented today.

 Country Inn & Suites is changing to a Holiday Inn Express
 They will no longer have a bar and will sell from their mini market.

 There was a special meeting for Seoul Taco on Washington Street where
 Halsted Deli was located.
 They will be a Class A.

 Buzzed Bull Creamery came in.

 A couple of restaurants that came in and I talked to the Mayor about because
 they were existing restaurants.
 Mapo on Naperville Wheaton Road. Class B
 Wamas 3124 S. Rt. 59 Class A


G. EXECUTIVE SESSION:

H. ADJOURNMENT:

 Commissioner Maher moved to adjourn the meeting at 4:20 pm, seconded by
 Commissioner O'Toole. Motion was approved unanimously.




 /S/ Emy Trotz
 Emy Trotz
 Executive Assistant/Mayor




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