Liquor Commission — Naperville, IL
Date: 2021-12-09

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



 Meeting Agenda

 Liquor Commission

Thursday, December 9, 2021 3:00 PM Council Chambers




A. CALL TO ORDER:

B. ROLL CALL:

C. PUBLIC FORUM:

D. NEW BUSINESS:
 21-1572 Consider Cheap Cheap Liquors request for Class D - Package Store
 licenses for two locations

E. OLD BUSINESS:
 21-1602 Consider revisions to the Special Event Permit


F. REPORTS:
 21-1571 Approve the regular Liquor Commission meeting minutes of November 4,
 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:




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Liquor Commission Meeting Agenda December 9, 2021



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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City of Naperville

 400 S. Eagle Street
 Naperville, IL 60540




Meeting Minutes - Final

Thursday, December 9, 2021

 3:00 PM



 Council Chambers



 Liquor Commission
Liquor Commission Meeting Minutes - Final December 9, 2021


A. CALL TO ORDER:

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


B. ROLL CALL:

 Commissioner Davenport joined the meeting at 3:08 PM.
 Present 7- Mayor Steve Chirico, Karyn Charvat, Dana Davenport, John Koranda, Anthony
 Signorella, Joe Vozar, and Scott Wehrli
 Absent 3- Charles Maher, Mitch Stauffer, and Kimberly White




 Staff Present: Miranda Barfuss, Assistant to City Council; Jennifer Lutzke,
 Senior Assistant City Attorney; Scott Thorsen, Police Sergeant


C. PUBLIC FORUM:

 None

D. NEW BUSINESS:

 Consider Cheap Cheap Liquors request for Class D - Package Store licenses for two
 locations
 Thomas Tillett, Manager, and Mantaj Singh, Owner, presented their request
 for a text amendment to the liquor code to allow them to open a location in
 the previous Peterson’s Wine & Spirits on Chicago Avenue and the current
 Peterson’s Wine & Spirits on Gartner Road. They are aware there is a
 restriction that allows only one Class D licensee per shopping center
 greater than 60,000 square feet and that Butera is currently a Class D
 license holder in the Chicago location and Trader Joe’s is currently a Class
 D license holder in the Gartner location.

 Commissioners asked how long Cheap Cheap Liquors has been in
 business in other locations and about the origin of their name. Singh
 reported that their Plainfield location has been operating for 14 years and
 their family had a gas station before that, making them 20-year business
 owners. His father came up with the name for Cheap Cheap Liquors.

 Mayor Chirico reviewed that the current liquor code allows only one Class
 D licensee per center of 60,000 square feet. The reason that two Class D
 licensees were located in each center is due to grandfathering when the
 requirement was put in place. Commissioners asked if the cap on Class D
 licenses would have to be raised, what the original reasoning for limiting
 the Class D license was, and if there is any history of the Commission
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Liquor Commission Meeting Minutes - Final December 9, 2021

 approving a request like this in the past. Barfuss reported that we currently
 have 27 Class D licensees and the cap is 14. Lutzke noted that the
 Commission can raise the cap or leave the cap in place, because the
 businesses over the cap were in existence prior to the liquor code change.
 Mayor Chirico reported that the reason for limiting the Class D to one per
 center was to avoid proliferation of liquor stores. Wehrli added that the
 limitation was put in place more than a decade ago and the square footage
 requirement pre-dates his time on the Liquor Commission. Mayor Chirico
 went on to say that we have had many requests for Class D licenses in
 centers less than 60,000 square feet and can’t recall that any requests
 were approved.

 Commissioners discussed licensing Trader Joe’s and Butera as Class G
 grocery stores even if a variance is needed. Mayor Chirico stated that this
 would require Trader Joe’s and Butera to be the petitioners. Wehrli stated
 that, since this will likely go to City Council for a final decision, a map of
 where the Class D licenses are located would be helpful and asked the
 petitioners for more information on what the store layout and signage will
 look like, to give greater support for why the liquor store should be
 permitted.



 Commissioner Vozar made a motion to direct staff to provide options for
 amending the Class D or Class G licenses and for addressing the Class D cap, a
 map of Class D license holders, and historical decisions of the Liquor
 Commission on Class D licenses, seconded by Koranda.

 Aye: 6- Charvat, Davenport, Koranda, Signorella, Vozar, and Wehrli

 Excused: 1- Mayor Chirico

 Absent: 3- Maher, Stauffer, and White

E. OLD BUSINESS:

 Consider revisions to the Special Event Permit
 Attachments: Special Event - 3rd Party 120121

 Lutzke reviewed the discussion from the last meeting and reported that
 options for revising the Special Event Permit include: requiring a certain
 amount of event proceeds donated to the charity, requiring the charity to be
 the liquor license applicant, or prohibiting third-party promoters from
 working with charities to hold events in Naperville.

 Mayor Chirico clarified that charities holding an event and hiring a
 management company to run their event has not been an issue. The issue
 is third-party companies holding the event and only involving the charity

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Liquor Commission Meeting Minutes - Final December 9, 2021

 license holder in order to receive a liquor license. Wehrli reviewed that the
 intention of the Special Event Permit was to license a charity to hold an
 event and, if they choose to hire a promoter or management company to
 assist, that is up to them and the charity is responsible. The applicant
 definitely needs to be the charity and hold the insurance. Mayor Chirico
 reaffirmed that the Commission is only discussing third-party events with
 liquor licenses.

 Commissioners asked if third-party companies can create their own charity
 and receive a license, what neighboring municipalities have done, and for
 more information on the events that were a concern this past summer.
 Mayor Chirico replied that charities can have 2 liquor licenses for events in
 Naperville per year and it must be a Naperville charity. He went on to say
 that the event organizers this past summer said they would have BASSET
 trained servers and they did not, which caused our police department to
 scramble to get their volunteers trained. Event staff did not shut down the
 sale of liquor at the time required and there were multiple complaints of
 over-service and people purchasing more than 2 drinks at a time.
 Commissioner Vozar asked if waiting 3-6 months to see if the new liquor
 rule requiring the pre-meeting helps with the issue. Mayor Chirico replied
 that the two events that had liquor issues did have pre-meetings.

 Commissioners discussed why the third-party company can’t be the
 license holder, whether the Commission should get involved in the
 agreements formed between third-party companies and charities, and how
 many violations have been issued. Mayor Chirico stated that a formal
 violation for a special event has never occurred. Wehrli proposed creating
 a third-party promoter permit, which would not be a liquor license, but would
 allow the Mayor or Commission to pull the permit and stop the third-party
 company from finding another charity partner and holding an event in
 Naperville again.

 Commissioner Wehrli made a motion to direct staff to bring back options for
 creating a third-party promoter permit, seconded by Davenport. The motion
 passed and was carried by the following vote:

 Aye: 6- Charvat, Davenport, Koranda, Signorella, Vozar, and Wehrli

 Excused: 1- Mayor Chirico

 Absent: 3- Maher, Stauffer, and White

F. REPORTS:

 Approve the regular Liquor Commission meeting minutes of November 4, 2021
 Attachments: Liquor Commission Meeting Minutes DRAFT 110421



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Liquor Commission Meeting Minutes - Final December 9, 2021


 Commissioner Vozar made a motion to approve the regular Liquor Commission
 meeting minutes of November 4, 2021, seconded by Signorella. The motion was
 approved and carried by the following vote:

 Aye: 6- Charvat, Davenport, Koranda, Signorella, Vozar, and Wehrli

 Excused: 1- Mayor Chirico

 Absent: 3- Maher, Stauffer, and White

 1. Restaurant Association Report - Jeffries

 Jeffries reported that the labor shortage is continuing to affect restaurants.
 In partnership with the Career & Networking Center, they held 2 job fairs.
 City staff are working on a special application for BASSET training that
 allows Dine Naperville to offer scholarships to pay for BASSET training on
 behalf of the potential employee. They have funded 8 individuals so far. The
 2021 Dining Guide will be mailed out January 1st and the highlighted
 charity this year is the front-line workers at Edward Hospital. Restaurant
 week is planned for January 15th - February 6th. They will also plan to do a
 second Restaurant Week to coincide with Chicago’s in March. Front Street
 Cantina has reopened following their long renovation.


 2. BASSET- Employee Training Statistics - Riggs

 Thorsen reported for Detective Dan Riggs. BASSET continues to be
 offered online. An in-person training was planned for Costco, but that
 converted to being online as well. Thorsen and Officer Creighton have both
 completed the training to become licensed BASSET trainers.


 3. Tobacco Enforcement Review - Riggs

 Thorsen reported that they are ready for the next round of compliance
 checks and they will occur before the end of the year.


 4. Liquor Report - Riggs

 Thorsen reported that there were 8 DUIs in November 2021 compared to
 12 in November 2020. Mayor Chirico noted that the year-to-date average
 is less than 2020 and significantly less than 2019.


 5. Liquor Concept Committee Update - Barfuss

 Barfuss reported that since the last Liquor Commission Meeting, the Liquor
 Concept Committee had one meeting on November 18th. The following
 concepts were discussed:


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Liquor Commission Meeting Minutes - Final December 9, 2021

 Board & Brush
 New business seeking a Class M - Recreational license. They have not
 finalized their location, and their request is pending until they do.

 Naperville Winter Ale Fest, event scheduled for February 25, 2022 at
 Frontier Park
 This is a returning event organized by Lou Dog Events. They have not
 finalized their charity partner agreement yet and their request is pending
 until they do.


G. EXECUTIVE SESSION:

 None

H. ADJOURNMENT:
 Commissioner Davenport made a motion to adjourn the Liquor Commission
 meeting of December 9, 2021 at 4:02 PM, seconded by Signorella. The motion
 was approved and carried by the following vote:

 Aye: 6- Charvat, Davenport, Koranda, Signorella, Vozar, and Wehrli

 Excused: 1- Mayor Chirico

 Absent: 3- Maher, Stauffer, and White




 /S/ Miranda Barfuss
 Miranda Barfuss
 Assistant to City Council




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