Liquor Commission — Naperville, IL
Date: 2022-01-06

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



 Meeting Agenda

 Liquor Commission

Thursday, January 6, 2022 3:00 PM Council Chambers




A. CALL TO ORDER:

B. ROLL CALL:

C. PUBLIC FORUM:

D. OLD BUSINESS:
 22-0016 Consider Cheap Cheap Liquors request for a Class D - Package Store
 license

 22-0017 Consider revisions to the Special Event Permit


E. NEW BUSINESS:

F. REPORTS:
 22-0015 Approve the regular Liquor Commission meeting minutes of December 9,
 2021

 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 - Barfuss


G. EXECUTIVE SESSION:




City of Naperville Page 1 Printed on 1/3/2022
Liquor Commission Meeting Agenda January 6, 2022



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 1/3/2022

City of Naperville

 400 S. Eagle Street
 Naperville, IL 60540




Meeting Minutes - Final

 Thursday, January 6, 2022

 3:00 PM



 Council Chambers



 Liquor Commission
Liquor Commission Meeting Minutes - Final January 6, 2022


A. CALL TO ORDER:

 Mayor Chirico called the meeting to order at 3:04 PM.


B. ROLL CALL:
 Present 7- Mayor Steve Chirico, Dana Davenport, John Koranda, Charles Maher, Joe Vozar,
 Scott Wehrli, and Kimberly White
 Absent 3- Karyn Charvat, Anthony Signorella, and Mitch Stauffer




 Commissioner Koranda joined the meeting at 3:09 PM.

 Staff Present: Miranda Barfuss, Assistant to City Council; Jennifer Lutzke,
 Senior Assistant City Attorney; Dan Riggs, Police Detective; Marty
 Creighton, Police Officer


C. PUBLIC FORUM:

 None




 Mayor Chirico welcomed Officer Marty Creighton for his first official
 meeting as the Liquor & Tobacco Liaison from the Naperville Police
 Department.


D. OLD BUSINESS:

 Consider Cheap Cheap Liquors request for a Class D - Package Store license
 Attachments: Class D Map 010322 2
 Class D List - Addresses 122921

 Mayor Chirico reviewed that the previous Peterson’s Wine & Spirits
 locations the petitioner is seeking to lease were grandfathered when there
 was no prohibition on having more than one Class D licensee per shopping
 center. One location has been dropped. In the other location Butera Market
 was contacted to see if they would be interested in changing their liquor
 license from a Class D to a Class G-1 if modifications to the license class
 were made. They have not yet replied and they are not required to change
 their license. If they will change their license, the Liquor Commission can
 vote for a text amendment allowing the necessary changes and then it will
 have to be approved by City Council.

City of Naperville Page 1 Printed on 2/7/2022
Liquor Commission Meeting Minutes - Final January 6, 2022



 Mayor Chirico told the petitioner, Mantaj Singh, owner of Cheap Cheap
 Liquors, that he could ask the City Council directly to approve the location,
 but he would not personally be in support of that action. Singh confirmed
 that he would pursue City Council approval only if the Liquor Commission
 was in support of the recommendation. Mayor Chirico confirmed that
 without the participation of Butera the Commission does not see a path
 forward and encouraged Singh to investigate other locations in the City.




 Consider revisions to the Special Event Permit
 Attachments: Rules Updated 2021 (MD) (002)

 Mayor Chirico noted that a recommended revision to the liquor rules was
 submitted with the agenda packet and invited speakers on the item to the
 podium.

 Josh Seago, President & CEO of Lou Dog Events, thanked the Mayor and
 Commission and reported that his company has held more than 50
 large-scale food and beverage festivals in the area, 25 of them in
 Naperville. During the past 9 years his events in Naperville have attracted
 more than 80,000 people, with 60% residing outside of Naperville. Over
 that time period, Lou Dog Events has donated more than $90,000 to
 non-profit organizations, including Naper Settlement, Naperville Humane
 Society and West Suburban Irish. He commended the Commission for
 working on the issue of securing the safety of festivals where liquor is
 involved. He stated that the draft of the new rule is a good first step,
 however, he requests that the Commission does not vote on it for 60-90
 days to invite other event organizers and members of the community to
 participate in drafting the rule revision or ordinance so that it is a win-win
 for festival organizers and the City.

 Commissioners asked what his concerns are with the rule revision. Seago
 replied that donating a percentage of alcohol revenue is impossible for his
 Ale Fest events because the liquor is part of the admission ticket price and
 he feels that donating 50% of the alcohol revenue is untenable because
 most festivals are not profitable for their first years and an event company
 cannot take on all the financial responsibility, management and risk for the
 event and give 50% of the alcohol profits to the license-holding charity. He
 stated that it is not economically feasible, even for established events.

 Mayor Chirico explained that special event permits were not intended for
 event companies to produce events and acquire a charity license holder
 out of necessity, but rather for charities to hold events and hire an event
City of Naperville Page 2 Printed on 2/7/2022
Liquor Commission Meeting Minutes - Final January 6, 2022

 management company to assist, if desired. Commissioners discussed the
 50% donation of alcohol proceeds and how to ensure licensing for event
 companies that holds the business to the same standards as restaurants
 and bars, including requiring background checks, fingerprinting and
 insurance. Seago reported that he is operating within the current liquor
 rules and there is not currently a liquor license that a for-profit event
 company can get in Naperville, though he believes there is a for-profit
 license in Lisle and Oswego.

 Commissioner Koranda complimented Lou Dog Events on being a
 responsible operator and stated that the 50% is too aggressive.
 Commissioners discussed the merits of ensuring the new pre-meeting with
 the Liquor Commissioner occurs and seeing how this year’s event season
 goes. They also discussed how much involvement in a non-profit’s decision
 to partner with an event company is appropriate. Commissioner White
 stated that non-profits would benefit from having a consistent number or
 percentage of proceeds donated and from having clarity on what their
 responsibility is for the special event, as well as how to determine who is a
 good event operator. Lutzke shared that she spoke to Mary Lou Wehrli of
 the Naperville Parks Foundation Board; she has concerns about liability
 and who is responsible for compliance with liquor rules, noting that rules
 have not been followed at past Ale Fest events. Seago replied that his
 events have donated between $4,000 and $9,000 annually to the Naperville
 Parks Foundation for the last seven years and they name the charity as
 additional insured on their liquor liability insurance.

 Commissioners asked for clarification on Oswego and Lisle’s liquor
 licensing. Seago reported that years ago Oswego had a temporary license
 for for-profit entities and went on to say that while it did mean his purchase
 of alcohol was not exempt from sales tax, it did put the liquor license in his
 event company’s name, rather than a charity license holder.
 Commissioners discussed the complexity of designating a portion of
 proceeds or a minimum donation amount to be made to the charity license
 holder, because all events are different. Commissioners discussed
 creating a registration list of preferred event management companies,
 creating a licensing process for event management companies and the
 timing of this decision in relation to the upcoming special event festival
 season. Lutzke cautioned that a list of preferred companies could not be
 created, and the process of registering businesses may be problematic
 since the City does not have currently license businesses.

 Commissioner Wehrli asked if it can be similar to the City’s electrical
 contractor registration process that sets a standard for quality but is not a
 preferred list. He asked if it would be possible to direct staff to create a rule
 that requires event companies to be registered with the City, carry the


City of Naperville Page 3 Printed on 2/7/2022
Liquor Commission Meeting Minutes - Final January 6, 2022

 insurance that covers the non-profit, and require Naperville BASSET
 training, in order to take action before the upcoming event season. Lutzke
 reported on her conversation with the Illinois Liquor Control Commission
 and stated that the rationale for the 50% of alcohol revenue being donated
 is because the ILCC said that the primary beneficiary from alcohol sales
 should be the non-profit. In addition, the Special Event Retailers Liquor
 License is only available for a non-profit at the State level.

 Commissioner Maher made a motion to table the agenda item until the next
 meeting, seconded by White. The motion was approved and carried by the
 following vote:

 Aye: 6- Davenport, Koranda, Maher, Vozar, Wehrli, and White

 Excused: 1- Mayor Chirico

 Absent: 3- Charvat, Signorella, and Stauffer

E. NEW BUSINESS:

F. REPORTS:

 Approve the regular Liquor Commission meeting minutes of December 9, 2021
 Attachments: Liquor Commission Meeting Minutes DRAFT 120921

 Commissioner Maher made a motion to approve the regular Liquor Commission
 meeting minutes of December 9, 2021, seconded by Koranda. The motion was
 approved and carried by the following vote:

 Aye: 6- Davenport, Koranda, Maher, Vozar, Wehrli, and White

 Excused: 1- Mayor Chirico

 Absent: 3- Charvat, Signorella, and Stauffer

 1. Restaurant Association Report - Jeffries

 Christine Jeffries reported that many restaurants are opening and
 reopening including La Borra Café, Front Street Cantina, Zade’s Lounge,
 Bev’s, Schlotzy’s Deli, First Watch, Go Brewing, Chez Francois Poutinerie
 and new restaurants in the Mall of India. The industry is strong and
 expanding with international flavors. Jeffries encouraged Commissioners
 to take advantage of Restaurant Week Jan 15 - Feb 6th. Dine Naperville
 will be advertising.


 2. BASSET- Employee Training Statistics - Riggs

 Riggs reported that approximately 40 individuals are currently enrolled in
 the online training and there are about 20 rotating through each week.

City of Naperville Page 4 Printed on 2/7/2022
Liquor Commission Meeting Minutes - Final January 6, 2022

 Officer Creighton is a certified BASSET instructor now and live classes are
 still on hold.


 3. Tobacco Enforcement Review - Riggs

 Riggs reported that compliance checks were completed in December.
 They had one violation out of the total 77 licensees. The citation is issued
 and will be adjudicated.


 4. Liquor Report - Riggs

 Riggs reported that there were 6 DUIs in December 2021, compared to 14
 in December 2020. There were 143 DUIs total in 2021, compared to 157
 in 2020. Mayor Chirico asked if DUIs from cannabis and other drugs are
 represented in the DUI report. Riggs replied that they are all combined
 currently, but he is working with IT to see if the information can be broken
 out.
 5. Liquor Concept Committee Update - Barfuss

 Barfuss reported that since the last Liquor Commission Meeting, the Liquor
 Concept Committee had one meeting on December 16th. One concept
 was discussed:

 Shuckin Shack Oyster Bar, located at 8 W. Gartner Road, Suite 140 (the
 Walker’s Charhouse location)
 New business seeking a Class B - Liquor License. Their request was
 approved and their application is in process.


G. EXECUTIVE SESSION:

 None


H. ADJOURNMENT:
 Commissioner Davenport made a motion to adjourn the Liquor Commission
 meeting of January 6, 2022 at 4:02 PM, seconded by Koranda. The motion was
 approved and carried by the following vote:

 Aye: 6- Davenport, Koranda, Maher, Vozar, Wehrli, and White

 Excused: 1- Mayor Chirico

 Absent: 3- Charvat, Signorella, and Stauffer




 /S/ Miranda Barfuss
City of Naperville Page 5 Printed on 2/7/2022
Liquor Commission Meeting Minutes - Final January 6, 2022

 Miranda Barfuss
 Assistant to City Council




City of Naperville Page 6 Printed on 2/7/2022