Liquor Commission — Naperville, IL
Date: 2018-11-08

City of Naperville

 400 S. Eagle Street
 Naperville, IL 60540




 Meeting Agenda

Thursday, November 8, 2018

 3:00 PM




 Council Chambers


 Liquor Commission
Liquor Commission Meeting Agenda November 8, 2018



A. CALL TO ORDER:

B. ROLL CALL:

C. PUBLIC FORUM:

D. OLD BUSINESS:
 18-947 Council Update - Class P & S amendments


E. NEW BUSINESS:
 18-943 Consider Bombay Chopsticks and Whirly Ball’s request to increase the
 cap in Late Night Permits located outside of Downtown.
 18-960 Consider Urban Air Adventure Park’s request to increase the Class M -
 Recreational license cap and direct staff accordingly.
 18-944 Report on the passing of SB 2436 regarding the Liquor Control Act of
 1934.
 18-945 Receive the revised Liquor Commissioner Rules and direct staff
 accordingly.
 Attachments: Amended Rules
 Memorandum

 18-961 Consider allowing cash beverage sales for Special and Temporary
 Permits.

F. REPORTS:
 18-946 Approval of September 6, 2018 Liquor Commission meeting minutes.

 Attachments: Minutes 090618 B


 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 November 8, 2018



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.




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



 Meeting Minutes

 Liquor Commission


Thursday, November 8, 2018 3:00 PM Council Chambers


A. CALL TO ORDER:

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

B. ROLL CALL:
 Present 8- Marc Blackman, Mayor Steve Chirico, Pam Davis, Charles Maher, Paul O'Toole,
 Whitney Robbins, Scott Wehrli, and Kimberly White
 Absent 2- Mitch Stauffer, and Joe Vozar


C. PUBLIC FORUM:

 There was no one to speak under Public Forum.

D. OLD BUSINESS:

 Council Update - Class P & S amendments

 Jennifer Lutzke, Senior Assistant City Attorney, stated that at last night's City
 Council meeting, the City Council approved the recommended amendments to
 the Class P & S liquor licenses. This will remove the serving limitations for
 Solemn Oath Brewery. We did add an additonal requirement that 75% of what
 they offer for sale has to be their own labeled product. We offered clarrification
 on the Market Event Permit, which was increased to twelve (12) per year. We
 added language stating that they have to pay a fee for each Marketing Event
 Permit. The Class S increase from 12oz to 18oz passed City Council. These
 changes are for all businesses under the Class P and Class S. This agenda
 item passed 8 - 1.

E. NEW BUSINESS:

 Consider Bombay Chopsticks and Whirly Ball’s request to increase the cap in Late Night
 Permits located outside of Downtown.
 Jagmohan Jayara and Joel Lipman were present to request a Late Night Permit
 for Bombay Chopsticks. This is an Indian Chinese Restaurant. This is their
 second restaurant of this concept. The other restaurant is in Hoffman Estates.
 They don't serve beef or pork.

 They feel they need a Late Night Permit because Indian people like to eat late. It
 will only be for Friday and Saturdays. The other days they close at 10pm.


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 They are applying for a Class B Restaurant/Tavern. They will not have an
 Entertainment Permit.

 Late Night is capped at 41 for out of downtown.

 He owns 5 resturants. He has not had any violations.

 Commissioner Maher asked how many late night permits are there in that
 geographical area. There aren't very many.

 Mayor Chirico spoke on behalf of Whirly Ball who were unable to attend the
 meeting. They are also requesting a Late Night Permit. They are located near
 Top Golf.

 Mayor Chirico asked if there are any additional restaurants coming that would
 need a Late Night Permit. We do not know of any who are coming at this time.




 Commissioner Blackman moved to approve both requests and raise the Late
 Night cap by 2, seconded by Commissioner Davis.

 Aye: 7- Blackman, Davis, Maher, O'Toole, Robbins, Wehrli, and White

 Excused: 1- Mayor Chirico

 Absent: 2- Stauffer, and Vozar


 Consider Urban Air Adventure Park’s request to increase the Class M - Recreational
 license cap and direct staff accordingly.
 Len Monson was present representing Urban Air, LLC requesting a Class M
 license. The location is on Rt. 59, the former Baby's R Us space. The building is
 73,000 sq. ft of which 51,000 sq. ft. will be used as an indoor adventure park
 which includes a trampoline, a ropes course, indoor zip line, virtual reality
 feature, rock climbing walls, dodge ball, basketball area and a gocart track. 70%
 of their customers are under 16 years old. They have a lot of birthday parties.
 They will have a cafe with a convection kitchen serving pizzas, hotdogs, and
 chicken tenders. The cafe will be about 30ft by 40ft. The beer and wine is for the
 parents of their customers. Business hours are Monday, Tuesday and
 Thursday 3pm - 8pm, Wednesday and Sunday 10am - 8pm, Friday and
 Saturday 10am - 11pm. The Urban Air concept is a franchise and has been in
 business since 2010 or 2011. Currently there are over 200 sites in the United
 States. Urban Air has special procedures for the serving of alcohol. If someone
 purchases alcohol, then they can no longer take part in any of the activities. No
 alcohol is allowed near any of the attractions.

 Commissioner Blackman asked for an explanation on the location of where the
 alcohol would be served. Mr. Monson showed on a diagram the location of the
 alcohol. There is a wall that separates the tables in the cafe from the gocart
 area.


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 Commissioner Wehrli asked if the service of liquor was through a customer
 service bar where the alcohol is being served by servers. It is a customer
 service bar. The ID check would be at the point of sale. Pitchers of alcohol
 would not be sold but Mr. Monson could not answer if the alcohol is restricted to
 the cafe area.

 Commissioner Maher asked from the 200 stores, how many served alcohol. Mr.
 Monson could not answer that question. It is only beer and wine.

 Commissioner Blackman asked for the hours when they would be allowed to
 sell alcohol. Emy Trotz, Executive Assistant to the Mayor, responded that they
 are allowed to sell alcohol as long as the activity is taking place.

 Commissioner White asked for an explanation of the wristbands. Mr. Monson
 stated that people buy time on the attractions. They receive a wristband that
 shows that they've paid. There is also a time stamp to designate the period of
 time they may be on the attractions. When someone purchases a alcoholic
 beverage, the wristband is cut off.

 Commissioner Davis asked if they had a lease on the portion of the building
 they will be using. They do have a lease and would like to open February 1st.

 Commissioner Maher asked if they would open up without alcohol. Mr. Monson
 couldn't answer that question.

 Commissioner Blackman was concerned if this is something that should be
 considered seeing that 70% of the clientele is under 16 years of age. Mr.
 Monson stated that this is similar to a Chuckee Cheese.




 Commissioner Blackman moved to increase the cap on the Class M license by
 one, seconded by Commissioner Robins.

 Aye: 7- Blackman, Davis, Maher, O'Toole, Robbins, Wehrli, and White

 Excused: 1- Mayor Chirico

 Absent: 2- Stauffer, and Vozar


 Report on the passing of SB 2436 regarding the Liquor Control Act of 1934.

 Jennifer Lutzke Senior Assistant City Attorney, stated that on August 2, 2018
 Governor Rauner signed a new law that allows the local Liquor Commissioner
 to grant exemptions with in a 100ft of a church, school or any business with in
 the 100ft exemption. Each municipality is required to have language in their
 code that allows for the local Liquor Commissioner to have that authority. In
 order for Naperville to have our local Liquor Commissioner to have that authority
 we would need a text amendment to our code.

 Mayor Chirico stated that the current liquor code prohibits the licensing of a

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 business selling alcohol with in 100ft of a church, school or daycare. He is not
 recommending a change in that ordinance. It is a State Law change and he
 wanted to make everyone aware of that change.

 Receive the revised Liquor Commissioner Rules and direct staff accordingly.

 Jennifer Lutzke, Senior Assistant City Attorney, stated that she had provided a
 copy of the revised Liquor Rules which basically modified the current rules. She
 gave a brief summary of the changes.

 Article 1 - Rule One Violations of State Statutes or City Ordinances
 This purpose of this Rule is to clarify standards used for violations. This was
 basically a clean up of language.

 Article 2 - Rule Two Procedure for Renewal Application
 The purpose of this Rule provides a time line of the schedule for filing renewal
 applications. The time line for late fees was shortened because renewals will be
 going on line in the near future. Also removed was that managers, assistant
 managers and sole proprietors have to be fingerprinted every 5 years.

 Article 3 - Rule Three Clarification and Implementation of Certain Sections of
 Chapter 3
 Provides additional information concerning Dram Shop Insurance requirements.
 Also allows the Liquor Commissioner to issue a liquor license for a probationary
 period or upon a condition precedent.It also clarifies the definition of an
 intoxicated person. We did remove language pertaining from this Rule to the
 observation and enforcement of the regulations for package stores and beer
 and wine package sales. There was language requiring a partition that was
 removed. Liquor confinement restrictions are present in section 3-3-12.8 of the
 code. Removed some redundent language and updated the appropriate
 citations to the current code.

 Article 4 - Rule Four Abandonment and Disuse
 This Rule talks about tendering a liquor license to the Liquor Commissioner
 when a license becomes inactive, someone stops doing business or is
 terminated without renewal.

 Article 5 - Rule Five Employees Age Restrictions
 Prohibits anyone under twenty one from serving in a managerial capacity. The
 title of this Rule was changed from Educational Requirements to Age
 Restrictions. We also removed the BASSET training requirements because the
 rewrite moved that language into the code. We also removed the FireWatch
 Program certification language.

 Article 6 - Rule Six
 Deleted this Rule. It pertained to Class O liquor licenses and we currently don't
 have any Class O licenses.

 Article 7 - Rule Seven (Six) Procedures Upon Hearings, Discovery and
 Depositions
 This Rule talks about procedures for hearing discovery and depositions. This
 was moved up to be Rule Six.
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 Article 8 - Rule Eight (Seven) Procedure for the Sale and Distribution of
 Alcoholic Beverages Under Special Event and Temporary Permits
 This provides restrictions for Special Event and Temporary Permit licensees.
 We replaced the Class E and Class L language. We deleted the requirement
 that sale and distribution of alcoholic beverages stop at 9:30pm. The times will
 be in the license and that's what they need to follow. The beer container
 restriction was increased to 16 ounces and the wine container restriction was
 increased to 6 ounces. This was renumbered to Rule Seven.

 Article 9 - Rule Nine (Eight) Form of Applications for Licenses and Renewals
 It provides information on where applications and renewal forms are available. It
 also talks about the Police Department Background Investigation forms being
 part of the application.

 Article 10 - Rule Ten (Nine) Residency Requirements
 This Rule is regarding clarification of Section 3-3-5.11 of Chapter Three of the
 Municipal Code. This clarifies the residency requirement.

 Article 11 - Rule Eleven
 This Rule talks about clarification of the ownership of the licensed premises.
 This was deleted. The referenced code was not included in the rewrite and we
 aren't concerned if they own or lease the property.

 Article 12 - Rule Twelve
 This Rule provided clarification regarding a Class K licensee being exempt from
 the requirements of a liquor establishment not being located with in 100 ft of a
 church, hospital, home of the aged or indigent person, veterans wives or
 children. This Rule was deleted.

 Article 13 - Rule Thirteen (Ten)
 This clarifies what tasting means under the code. Added licenses that were not
 included and renumbered it.

 Commissioner Wehrli stated that Article Twelve was in place for Belgio's
 Catering which is located near a school.

 Jennifer Lutzke replied that in the rewrite of the code under 3-3-12.9 under the
 location restriction section, Class K is exempted from that requirement.




 Commissioner Blackman made a motion that the Commission has received the
 revised rules and accepts them,seconded by Commissioner White.

 Aye: 7- Blackman, Davis, Maher, O'Toole, Robbins, Wehrli, and White

 Excused: 1- Mayor Chirico

 Absent: 2- Stauffer, and Vozar


 Consider allowing cash beverage sales for Special and Temporary Permits.
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 Detecive Dan Riggs wanted to give a history to everyone about the reason that
 beverage tickets are used for beer sales. It started out several years ago
 because Ribfest volunteers were taking money. After that it was decided that
 tickets would be used instead of taking cash. Since going to beverage tickets
 there haven't been issues of taking money because it's more controlled. This
 past year with Ribfest, they used the RFID wrist bands. They also took credit
 cards and cash. We can't say for certainty that no cash was mishandled
 because it wasn't monitored as closely as it was done before when tickets were
 in affect. When Detective Riggs learned that this topic was on the agenda, he
 reached out to Sergeant Dan Fisher who is in charge of Special Events and
 other high ranking officers to get their opinions. They all agree that tickets are
 the best method for beverage sales. Ribfest used a bonded company to handle
 the cash. Smaller organizations wouldn't be able to afford to hire a bonded
 company to handle the cash sales. The tickets have also been a benefit with
 last call. Last call at an event means no more ticket sales and it happens before
 the beer tents are shut down. Sergeant Fisher reiterated that tickets sales is the
 safer way regarding beverage sales. Detective Riggs added that Christkindle
 Market uses cameras to monitor their employees.

 Commissioner Blackman asked why this topic was in front of the commission.
 Mayor Chirico stated that several event organizers have come to him because
 making people stand in line to purchase a ticket and then stand in line to get
 their drink is not a good experience.

 Commissioner O'Toole asked regarding cash sale versus the ticket purchase, if
 I have tickets remaining and I missed the last call, can I get my money back.
 Usually, you will not get your money back. That seems to be a problem.

 Commissioner Wehrli stated that we could differentiate the large events from
 small events. It was discussed on what other large events do regarding
 beverage ticket sales.

 Commissioner Wherli stated that maybe we could check into other events and
 see how they handle beverage sales. We could find some Best Practices. The
 Liquor companies may even have some suggestions.

 Commissioner Davis asked if we could say if you use a bonded company, then
 you can take cash.

 Detective Riggs said that sounded reasonable.

 Commissioner Blackman stated that he feel Commissioner Wehrli has a point.
 We are trying to solve something that we are not the experts. If there are
 companies or events that are requesting this, then we need to find out what
 other municipalities have done.

 Mayor Chirico directed staff to reach out to other communities and special
 events in the area to find out how beverage sales are handled.

 Commissioner Wehrli stated that it has always been the opinion that tickets
 reduce over serving. He would like to see information on that.

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 Commissioner Maher stated that he would like to find out the beverage sizes at
 these other events.

F. REPORTS:

 Approval of September 6, 2018 Liquor Commission meeting minutes.



 A motion was made by Commissioner Maher, seconded by Commissioner Davis
 to approve the September 6, 2018 meeting minutes.

 Aye: 7- Blackman, Davis, Maher, O'Toole, Robbins, Wehrli, and White

 Excused: 1- Mayor Chirico

 Absent: 2- Stauffer, and Vozar

 1. Restaurant Association Report - Jeffries

 No report.

 2. BASSET- Employee Training Statistics - Riggs

 Detective Riggs reported that in September we had 114 attend with 25 no
 shows and in October 116 attended with 22 no shows.

 3. Tobacco Enforcement Review - Riggs

 Detective Riggs reported that last weekend they did tobacco checks and two
 businesses sold to under age teens.

 4. Liquor Report - Riggs

 Detective Riggs reported that in September 2017 there were 25 DUI's and
 September 2018 there were 19 DUI's.
 In October 2017 there were 12 DUI's and in October 2018 there were 17 DUI's.

 They did five liquor compliance checks and there were no violations.


 5. Liquor Concept Committee Update - Trotz

 Trotz reported the following Liquor Concept:
 October 18th
 Bombay Chopsticks


G. EXECUTIVE SESSION:

H. ADJOURNMENT:

 Commissioner Maher moved to adjourn the meeting at 4:07pm, seconded by

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 Commissioner Robbins. The motion was unanimously approved.




 /S/ Emy Trotz
 Emy Trotz
 Executive Assistant/Mayor




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