Liquor Commission — Naperville, IL
Date: 2020-02-06

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



 Meeting Agenda

 Liquor Commission

Thursday, February 6, 2020 3:00 PM Council Chambers




A. CALL TO ORDER:

B. ROLL CALL:

C. PRESENTATION:
1. 20-170 Installation of new Commissioners: Karyn Charvat and Anthony Signorella


D. PUBLIC FORUM:

E. OLD BUSINESS:
1. 19-848D Consider Red Arrow’s request to allow Class B licensees to sell Crowlers
 and remove the onsite manufacturing requirement from the Growler Permit

F. NEW BUSINESS:
1. 20-174 Consider Top Golf’s request to allow the Class M license to include
 tastings
2. 20-168 Consider Axe Zone Throwing Lounge’s request for a Class M Liquor
 License

G. REPORTS:
1. 20-165 Approve the regular Liquor Commission meeting minutes of November 7,
 2019

 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


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Liquor Commission Meeting Agenda February 6, 2020



H. EXECUTIVE SESSION:

I. 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 1/31/2020

City of Naperville

 400 S. Eagle Street
 Naperville, IL 60540




Meeting Minutes - Final

 Thursday, February 6, 2020

 3:00 PM



 Council Chambers



 Liquor Commission
Liquor Commission Meeting Minutes - Final February 6, 2020


A. CALL TO ORDER:

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

B. ROLL CALL:
 Present 9- Mayor Steve Chirico, Pam Davis, Charles Maher, Paul O'Toole, Joe Vozar, Scott
 Wehrli, Kimberly White, Anthony Signorella, and Karyn Charvat
 Absent 1- Mitch Stauffer




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

C. PRESENTATION:

1. Installation of new Commissioners: Karyn Charvat and Anthony Signorella

 Chirico installed Karyn Charvat and Anthony Signorella as new commissioners.
 He also acknowledged and thanked outgoing liquor commissioners, Whitney
 Robbins and Marc Blackman.

D. PUBLIC FORUM:

 None

E. OLD BUSINESS:

1. Consider Red Arrow’s request to allow Class B licensees to sell Crowlers and remove
 the onsite manufacturing requirement from the Growler Permit
 Attachments: Proposed Amendment

 Lutzke reviewed the recommendation from the Naperville Restaurant
 Association supporting the sale of crowlers with restrictions, or a cap, to avoid
 profliferation of crowler permits for all Class B license holders. The Police
 Department was asked to research the sealing of the crowlers and report any
 concerns. She recommended a cap of two permits in the downtown area.

 Mayor Chirico stated that this action will require a change to the liquor ordinance
 and approval by the City Council. He went on to explain that Red Arrow holds
 one of two dispensary permits and crowlers are not considered packaged
 goods.

 The Commission discussed the appropriateness of implementing a cap.
 Jeffries explained the Restaurant Association objective is to not create a
 packaged liquor license that is effectively just a to-go cup for every
 establishment.

 The Commission discussed necessary equipment to seal and sell crowlers,

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Liquor Commission Meeting Minutes - Final February 6, 2020

 special packaging versus a to-go cup, that the proposed ordinance will only
 apply to craft beer, the appropriateness of issuing a cap but allowing
 businesses to apply for a license as the need arises.

 Jeffries responded that crowler equipment is a significant investment, but it will
 not be deterrent to Class B license holders from seeking a crowler permit
 especially as the equipment becomes less expensive.

 Lutzke confirmed that the state law has defined the equipment and packaging.

 Mayor Chirico stated that other downtown businesses have proprietary craft
 beers on tap and may be interested in selling crowlers as well. He went on to
 say that an option could be to approve five permits in the downtown but have the
 Liquor Commission approve each request as it is submitted.

 The Commission discussed the cost of the license and whether a higher cap
 should be set so it can include all of Naperville, not just the downtown.

 Riggs reported that the Police Department does not have an issue with the
 crowler, but explained that it is resealable, which would make it difficult to detect
 open alcohol.

 Lutzke explained there are specific state requirements for labeling alcohol and
 we can add additional labeling requirements for Naperville.

 Joe Tota, founder and CEO Red Arrow, stated that Red Arrow currently sells
 crowlers at the Elmhurst location and uses a black can, with white fields to fulfill
 all the labeling requirements. He stated that the cans are resealable, however,
 it is clearly visible if the taped seal has been broken.


 Davis made a motion to allow Class B licenses to sell Crowlers with a cap of 3 in
 the downtown area, seconded by Maher. The motion was approved and carried
 by the following vote:

 Aye: 7- Davis, Maher, O'Toole, Vozar, White, Signorella, and Charvat

 Nay: 1- Wehrli

 Excused: 1- Mayor Chirico

 Absent: 2- Blackman, and Stauffer

F. NEW BUSINESS:

1. Consider Top Golf’s request to allow the Class M license to include tastings

 Mayor Chirico clarified the Scrivener's error on the agenda and stated that Top
 Golf currently has a Class B license.

 Robert Anderson, Attorney for Top Golf, explained the request to revise Liquor
 Commission Article IX, Rule 9, to allow Class B licenses to have tastings on the
 premises. He stated that Top Golf does tastings at other locations within the

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Liquor Commission Meeting Minutes - Final February 6, 2020

 guidelines of the state law which provides for a total of three tastings to one
 consumer in one day, no more than 1/4 ounce of spirits, 1 ounce of wine or 2
 ounces of beer. He explained that tastings are a means by which suppliers can
 introduce new or seasonal products to consumers, that they are administered
 by the suppliers who are registered tasting representatives with the state, and
 that Top Golf staff are BASSET and RAS trained to recognize intoxication in
 patrons and how to manage the responsible sale of alcohol.

 The Commission discussed multiple tastings occurring at one time, where the
 tastings are located within the facility, and access to tastings by underage
 patrons of Top Golf.

 Anderson explained that staff takes the tasting samples to each golf bay, rather
 than staying in one location, and that tasting representatives only approach
 adults and check IDs for those that sample. He stated that the tasting
 representative monitors service to patrons and Top Golf technology can track
 when a new group enters the bay.

 Mayor Chirico asked if the tastings added to large festivals in Naperville recently
 have posed any problems.

 Riggs stated that there are no issues and the tastings are closely monitored.

 The Commission discussed the impact to existing Class B licenses, the value
 tastings bring the businesses, and that mobile tastings may assist with
 monitoring.

 Lutzke stated that currently Class D, G, P, S, S1 and U licenses are able to
 have tastings with restrictions that correspond with the state law.
 Commissioner Wehrli moved that Liquor Commission Article 9, Rule 9, Section 2
 be revised to include Class B licenses, seconded by Vozar. The motion was
 approved and carried by the following vote:

 Aye: 6- Davis, O'Toole, Vozar, Wehrli, Signorella, and Charvat

 Nay: 2- Maher, and White

 Excused: 1- Mayor Chirico

 Absent: 2- Blackman, and Stauffer


2. Consider Axe Zone Throwing Lounge’s request for a Class M Liquor License

 Mohsin Ali, Owner of Axe Zone, explained the request to obtain a Class M liquor
 license to sell beer and wine in his axe throwing lounge.

 Sandra Wardell, Manager for Naperville Animal Hospital, stated that since Axe
 Zone opened there have been issues of loitering, littering and drinking in the
 shared parking lot of their businesses. She said the hospital installed additional
 lights in the parking lot because staff did not feel safe walking to their cars at
 night and that patrons of Axe Zone bring their own alcohol to the establishment.


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Liquor Commission Meeting Minutes - Final February 6, 2020

 Riggs confirmed that police have received reports of suspicious vehicles,
 suspicious people and littering in the parking lot. He said the Police Department
 has increased patrol of that area and that open alcohol is not allowed in a
 parking lot.

 The Commission discussed Internet photos of customers in Axe Zone with
 alcoholic beverages, children in the facility, the appropriateness of marketing it
 as a family-friendly establishment, and that no minimum age to participate is
 required.

 Ali acknowledged confusion by his staff about whether customers are allowed
 to bring in their own alcohol, because that is allowed at their Chicago location.

 Mayor Chirico questioned the layout of the business, the lack of significant
 safety separations between the axe throwing location and where patrons
 consuming alcohol would be standing.

 The Commission discussed monitoring of the axe throwing, staff certifications,
 rules, and language from Axe Zone Lounge's website.

 Ali stated that axe throwing is like any other sport offered for entertainment and it
 is only dangerous if the rules are not followed. He stated all patrons are given a
 demonstration on how to throw the axe safely, they have blunt edges to make
 them less dangerous, and they fall on wood chip floors, rather than rubber. He
 said patrons are monitored by a team of four employees at all times and, if
 granted a liquor license, consumption would be limited to two drinks per person.

 Ali stated that axe throwing facilities in Aurora, Elmhurst and Chicago have been
 issued liquor licenses.

 Riggs stated that the Police Department considers axes to be deadly weapons
 and would not recommend combining axe throwing with alcohol.
 Commissioner Vozar motioned to approve AxeZone's request for a Class M liquor
 license, seconded by Commissioner Wehrli. The motion was denied and carried
 by the following vote:

 Nay: 8- Davis, Maher, O'Toole, Vozar, Wehrli, White, Signorella, and Charvat

 Excused: 1- Mayor Chirico

 Absent: 2- Blackman, and Stauffer

G. REPORTS:

1. Approve the regular Liquor Commission meeting minutes of November 7, 2019
 Attachments: Draft Minutes 110719

 Commissioner Vozar motioned to approve the Liquor Commission meeting
 minutes of November 7, 2019, seconded by Maher. The motion was approved
 and carried by the following vote:



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Liquor Commission Meeting Minutes - Final February 6, 2020


 Aye: 6- Davis, Maher, O'Toole, Vozar, Wehrli, and White

 Excused: 1- Mayor Chirico

 Absent: 2- Blackman, and Stauffer

 Abstain: 2- Signorella, and Charvat

 1. Restaurant Association Report - Jeffries

 Christine Jeffries reported that Restaurant Week was very successful with 53
 restaurants participating and 200,000 webpage hits. She said Valentine's Day
 specials are now in effect for many restaurants and that Craft Beer Week is
 being introduced this year. It will culminate with the annual Winter Ale Fest on
 Saturday, February 29th in Frontier Park.

 She said the evening of Wednesday, February 16 is tentatively scheduled for
 Bar Employee Security Training (BEST) and two or three sessions are planned
 for the summer. She explained that the training is optional, but Dine Naperville
 will subsidize the fee for businesses and all Naperville restaurant security staff
 and managers are invited to attend.

 She concluded by stating that Dine Naperville has developed a Food Truck list
 for Naperville businesses that have mobile capabilities and they are
 encouraging local festivals and special events to use local restaurants for food
 vending when possible.

 2. BASSET- Employee Training Statistics - Riggs

 Riggs reported that the December BASSET class had 53 attendees and nine
 no-shows. The January BASSET class had 103 attendees and 11 no-shows.

 3. Tobacco Enforcement Review - Riggs

 Riggs reported that the first round of tobacco compliance checks resulted in
 three violations. He said two of the three involved vape products and that the
 first offender has had two other offenses.

 Mayor Chirico reported that the violations have to be adjudicated and then a
 decision on a penalty will be made. He noted that facilities with a single
 employee or a small number of employees present, like gas stations, tend to be
 most problematic in terms of tobacco violations.


 4. Liquor Report - Riggs

 Riggs reported that in December 2019 there were 20 DUIs compared to 16
 DUIs in December 2018. In January 2020 there were 12 DUIs compared to 16
 DUIs in January 2019. In total, 2019 had 243 DUIs, compared to 216 DUIs in
 2018.

 5. Liquor Concept Committee Update - Trotz


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Liquor Commission Meeting Minutes - Final February 6, 2020

 Barfuss reported on the following Liquor Concepts:

 Kings Cafe at Center Stage Theater
 Currently hold a Class R license and are applying for a Class A. They were
 given the application and need to remodel the kitchen before submitting the
 application.

 Ladies & Gents at 5 W. Jackson Ave.
 New establishment applying for a Class B license with entertainment, late night
 permit and outdoor seating. The application is in process.

 Godavari at 1568 W Ogden Ave Unit 140
 This establishment is open but not serving liquor. They have attended a Liquor
 Concept meeting, are under new ownership, and applying for a Class B license.
 The application is in process.

 Former Yu's Bistro, 658 Route 59
 New business requesting a Class B license. The application is in process.

 Our Children's Homestead fundraising event on May 15 - 280 Shuman Blvd.
 The event is approved and will offer beer, wine and margaritas.

 Career & Networking Center Soul Fest- 06/06/20 at Naper Settlement
 The event is approved. They will be serving beer, wine and one cocktail.

 Winter Ale Fest- 02/29/20 at Frontier Park
 The charity is Naperville Parks Foundation.

 St. Thomas the Apostle Trivia Night- 02/21/20 at the church
 The event is approved. They will be serving beer, wine and cider. They have
 their license.

H. EXECUTIVE SESSION:

 None

I. ADJOURNMENT:

 Commissioner Maher made a motion to direct staff to review the state
 statute and rules for the consumption of alcohol in places where
 weapons are used for entertainment, seconded by Signorella. The
 motion was approved unanimously.

 Commissioner Vozar offered thanks and recognition to Emy Trotz for her
 support of the Liquor Commission. She was given a round of applause.
 Commissioner Maher made a motion to adjourn the Liquor Commission Meeting
 of February 6, 2020 at 4:32 PM, seconded by Signorella. The motion was
 approved and carried by the following vote:

 Aye: 8- Davis, Maher, O'Toole, Vozar, Wehrli, White, Signorella, and Charvat

 Excused: 1- Mayor Chirico

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Liquor Commission Meeting Minutes - Final February 6, 2020


 Absent: 2- Blackman, and Stauffer




 /S/ Miranda Barfuss
 Miranda Barfuss
 Assistant to City Council




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