LIQUOR COMMISSION MINUTES June 4, 2015 I. CALL TO ORDER The Liquor Commission met on June 4, 2015 in the Mayor’s Conference Room. Mayor Chirico called the meeting to order at II. ROLL CALL Liquor Commissioner Commissioners p.m. Mayor Chirico Marc Blackman U-Jung Choe Dr. Ostrenga Scott Wehrli Prosecuting Attorney Mike DiSanto Kavita Athanikar NPD Detective Mark English City Clerk Nancy Bright Bernadette Kolodziej Secretary Other’s Present: III. 3:09 Emy Trotz Linda LaCloche, Community Relations Manager APPROVAL OF APRIL 9, 2015 COMMISSION MEETING MINUTES Minutes from the April 9, 2015 meeting were accepted and entered into record by Mayor Chirico. Dr. Ostrenga moved to approve the minutes, seconded by Scott Wehrli. Vote unanimous. Motion carried. IV. PUBLIC FORUM No one was present to speak under Public Forum V. OLD BUSINESS Aldi's Kavita Athanikar, City Prosecutor, spoke about the request by Aldi for a Class G1 liquor license. This license is an exception to the Class G license because of the square footage. Class G has a requirement of 60,000 sq. ft. or 45,000 sq. ft in B1. Aldi is 17,000 sq. ft. They are requesting a G1 license to sell beer and wine only. The cost of the license is $4,500. Scott Patton, representative from Aldi’s stated they are before the liquor commission to request a liquor license for the sale of beer and wine only. The Naperville store is the only one in the area that does not sell liquor. He names the comparable stores in the area that sell liquor. Page 1 of 10 Mayor Chirico asked whether any other controlled substances would be sold. Mr. Patton stated that they are only looking to sell beer and wine only. No sprits or tobacco would be sold. Wehrli moved to refer the request for a text amendment to City Council for consideration, second Blackman. Vote unanimous, motion carried. a. Fresh Thyme Kavita Athanikar stated that Fresh Thyme is requesting a text amendment for the sale of beer and wine only. The amendment would mirror the State definition and remove the word daycare. The commission discussed the risk to the daycare by allowing the amendment. Athanikar responded that the daycare does not include academics that the ordinance would mirror the state statute by removing daycare and changing to preschool. The commission asked about the distinction between daycare and preschool. Athanikar responded that the State determines the distinction. Wehrli moved to refer the request for a text amendment to the City Council for consideration, second Blackman. 3 Ayes, 1 Nay, motion passed. VI. NEW BUSINESS a. Mayor’s New Proposals Happy Hour Update: Kavita Athanikar gave an update on Happy Hour Senate Bill 398 is pending. House and Senate have approved it and now it is waiting for the Governor’s signature. b. Late Night Permits Mayor is looking to streamline the process by changing the requirements and increasing the cap. Discussion followed. Wehrli state that the cap allows the Commission to scrutinize potential businesses coming into the city. Ostrenga also supported leaving the cap. Class B licenses have changed over the years with the intent of the sale of alcohol. Blackman stated that this is a discipline for the Liquor Commission. Mayor Chirico moved to table the Late Night Caps for additional discussion. Ostrenga moved to refer the request for a Late Night Permit for Pepe’s to City Council for approval, seconded by Blackman. Vote unanimous, motion carried. Wehrli moved to refer the request for a Late Night Permit for Star Cinema to City Council for approval, seconded by Blackman. Vote unanimous, motion carried. Ostrenga moved to refer the request for a Late Night Permit for Draft Picks to City Council for approval, seconded by Choe. Vote unanimous, motion carried. Ostrenga moved to refer the request for a Late Night Permit for Uncle Julio’s to City Council for approval, seconded by Choe. Vote unanimous, motion carried. Page 2 of 10 c. Binny’s: Request for a Tasting Room Binny’s holds a Class D-Package Good Store Liquor License. Binny’s is expanding to add another suite, constructing humidor room and a 900 square foot liquor tasting room. The tasting room will primarily be used for corporate training classes but they would be interested in holding public classes and also using the room for Charitable Special Events. Wehrli moved to direct staff to draft an ordinance with square footage restrictions, seconded by Choe. Vote unanimous, motion carried. VII. REPORTS a. Restaurant Association Christine Jeffries gave an update on the Restaurant Association activities. b. Beverage Alcohol Seller Server Education Training (BASSET) – Employee Training Statistics April 14th – 48 attended with 3 no shows April 26th - 41 attended with 4 no shows May 12th - 59 attended with 6 no shows May 28th - 55 attended with 6 no shows The next class is scheduled for June 15th. Detective English discussed the possibility of raising the no show fee. Currently the no show fee is $5. c. Tobacco Enforcement Review Detective English reported there violations 4 violations: Mobil at Aurora and Ogden, Mobil at 75th and Plainfield/Naperville, BP Amoco and Walgreens on Book and 95th St. 75 businesses were checked with 4 failing. The City received a $7,700 grant to have 3 tobacco checks for the year. d. Liquor Concept Committee Report April 13, 2015 Old Town Pizza, 2959 Artesian Drive Owner: Joseph Ninni and Valerie Pierbon, 630-730-9158 Old Town Pizza currently does food catering. Clients want to include liquor in their catering packages. They included a Tasteful Affairs catering menu which differs greatly from the Old Town Pizza catering and restaurant menu which is on their website. Old Town Pizza is a carryout pizza and pasta business. Joe Ninni, owned and operated it for five years. He will partner with Valerie Pierbon who runs Cheers To You LLC bartending business. Their new company, Tasteful Affairs LLP will use the Old Town Pizza kitchen to cook for catering contracts. Food and liquor will be ordered as catering contracts arise. Liquor will not be stored on a long-term basis. There will be no on-site consumption of liquor. Catering staff will be certified through state BASSET and TIPS programs. Officers and managers of the catering company will be certified through the Naperville BASSET training according to Section 3-3-20-4. Page 3 of 10 No cash bar. The location is still listed as Taylor Street Pizza. Old Town Pizza will come to a Tuesday, TBO meeting to for a simple occupancy and schedule an inspection. A new occupancy will be issued under Old Town Pizza. Also, they will need a sign permit if they want to add Tasteful Affairs. Turning Point Autism – Puzzle Run & Backyard Bash Walter Johnson, CEO 630-570-7948 Sunday, June 7 from Noon – 8 p.m. Fundraiser for Turning Pointe starting with a motorcycle run from the Bolingbrook Famous Dave’s to Turning Pointe at 1500 W. Ogden Avenue. The Bash will be held on the adjoining lot and include a live band, activities, bbq and beer sales. Famous Dave’s is listed as their beer seller. Famous Dave’s of Bolingbrook will sell beer under Turning Pointe’s Class E/Temporary license. Their employees are BASSET trained. Beer max size = 12 oz. Drinks will be sold by red tickets and food by blue tickets. Ids will be checked at the ticket table and people aged 21+ will get wristbands. Entrance tickets will be sold. Attendance is expected to be between 800- 1,000 people. Parking will be available at the car dealerships which are closed on Sunday. The event will feature live music and a children’s sensory play area designed for special needs families. The event was reviewed by the Special Events Committee and they already made plans for fencing the event area. Front Street Cantina – Cinco de Mayo in a tent on parking lot Manager: Jim Trader, 630-369-5218, Mr. Trader wants to erect a tent in the back parking lot for a three day Cinco de Mayo celebration. This does not comply with the Outdoor Seating ordinance. Please bring any other things that should be considered regarding this use of the shared parking area. Cinco de Mayo tent hours (5 days): Fri & Sat, May 1-2: 11 a.m. – 11 p.m.; Sun, Mon, Tues, May 3-5: 11 a.m. – 9 p.m. Front Street plans to erect a tent that could be accessed by bringing patrons out through the side door of the restaurant or by walking into the tent from the alley. This is planned to alleviate crowding in the restaurant during the holiday. No live music is planned. Food and drinks will be prepared in the restaurant and will be served by BASSET-trained wait staff. Security will be hired for the event. Page 4 of 10 The tent will hold 14 tables and 46 seats. The tent walls will confine the area. The TED representative was concerned about the sidewalls being raised to ventilate the tent if it was a hot day and recommended snow fencing around the tent. The parking lot spaces are not required for the buildings tenants because of a buy-in to use space in the City parking decks. Front Street has contacted the landlord to get approval to use the private parking for the tent with liquor sales. Front Street is also in discussion with the landlord to create a patio for outdoor seating. They would like to use the tented event as a trial run to see if outdoor seating would be feasible in back of the restaurant before investing in construction. April 16, 2014 Naperville AleFest (Naper Settlement) Harriet Pistorio, 630-305-5257, Josh Seago, 630-450-1239 This is the 3rd Ale Fest at Naper Settlement. Beer provides 80% of the event revenue. Naperville Ale Fest also ran the Naperville Winter Ale Fest and will run Solemn Oath’s Oath Day festival. Note: Site Plan is on the last page of the Concept Form Class L – Special Event Liquor Saturday, July 18, 2015 from Noon-6 p.m. – this is 1 hour longer than last year. Ticket Prices $45 regular (entry at 1 p.m.) and $80 VIP (allows early entry at noon) Attendance: 2014 = 4,800; 2015 = 5,000 No wristbands since attendees must be 21 or older to enter. They will use a marker instead of a punch to cross of boxes on the drink card. Clearly designate security with colored shirts0. No drones. Their last event had problems with crowding and having onsite staff contact available to contact during the event. Little Pops Pizzeria, 1819 Wehrli Road Owner: Michael and Vicki Nelson, 630-210-8084 Little Pops Pizzeria is expanding to add a seating area and want to add beer and wine sales. Class A – Restaurant liquor license Hours: Sun. – Thurs. = 9 p.m.; Fri. & Sat. = 10 p.m. New York style pizza place opened in June 2014. They want to expand to dine-in service with 35-40 seats and have wine and beer. They will carry single serve bottles or cans, no bar. No outdoor seating. This will be the owners’ first liquor license. Page 5 of 10 The committee informed them of: The serving size limits for beer and wine Liquor delivery is not allowed Ages to open and pour (21) and serve liquor (18) Purchase beer and wine through a distributor Manager on duty requirement Responsibility to update manager and assistant managers within 10 days of the change Naperville’s requirement for local BASSET training Pepe’s (new owners & corp) Owners: Zachary Neal, 630-420-2497, Rod Peterson, Sandy Rocush Mr. Neal plans has formed a corporation called ICE, Inc. and plans to purchase Pepe’s from the current owners Timothy Barr and Spencer Javorek of Only, Inc. Mr. Neal states that he is the current General Manager and has been an employee at the location for 21 years. Class B – Restaurant/Tavern with a Late Night Permit and Outdoor Seating Hours: Weekdays = 9:30 p.m.; Weekend = 10:30 Change in ownership. Zach, manager for 20 years, and seven or eight people will be taking over. The sale will take place around June 1st. Zach was informed that the current owners license will end on April 30 if the annual renewal fee isn’t paid. The restaurant will get new paint, stools and tables. A past liquor violation and penalty was discussed. Pepe’s instituted some changes. They have security people at the door and bar on weekends. There is a security video system. Pepe’s no longer has bands on the weekends. The Late Night Permit will require City Council approval. Deccan Spice, 192 W. Gartner Road, Suite 124 (formerly Cuisine de Saigon) Owner: Praveen Katakam, 847-212-1190 VPAD LLC is planning to run an Indian restaurant with 15% liquor sales. They have a bar and will be open from 11a.m. – 11 p.m. They plan to add booths at the front of the restaurant. The buffet area will be open at lunch time but will be replaced with chairs and tables in the evening. Class B – Restaurant/Tavern Hours: Monday – Sunday = 11 a.m. – 11 –p.m. This is a franchise of a New Jersey restaurant. The owner has a restaurant background in India. This will be their first liquor license. Target opening date is May 2, 2015. The committee informed them of: The serving size limits for beer and wine Ages to open and pour (21) and serve liquor (18) Page 6 of 10 Purchase beer and wine through a distributor Manager on duty requirement Responsibility to update manager and assistant managers within 10 days of the change Naperville’s requirement for local BASSET training Cars and Condos for a Cause – 360 Youth Services with My Chef Catering Dawn Portner, 360 Youth Services, 630-961-2992 ext. 1129 and Karen Garlough, My Chef Date: Wednesday, June 17th Time: 6-9 p.m. This is a fundraiser showcasing luxury auto condos. The $300 tickets ($500 for a couple) include appetizers and drinks. www.irongatemotorcondos.com The event will be spread over multiple condos and possibly involve a car show in the parking lot. The charities are contracting with My Chef Catering (Naperville Class K liquor license) for “employees for this event” (page 3 of app). My Chef may also supply the appetizers and some of the wine. Two Brothers is donating beer and the condo owners are donating some bottles of wine. No ticketing or limit is placed on the per person service of liquor (open bar). Loaves and Fishes will also receive profits from the fundraiser but is not in charge of the liquor arrangements. Wednesday, June 17th Time: 6-10 p.m. Tickets are available through the website. $300/person or $500/couple Open bar, no limit. The Mann car condo doesn’t have occupancy yet. Kelsch was approved. The entrance to Irongate Motor Condos is gated. There are concerns about available parking. No parking in the fire lanes. Field parking is ok. There will be valet service for attendees. The event needs to go to a TBO meeting to get a permit for the tent between the condos and apply for an Amplifier Permit at the Clerk’s Office. May 14, 2014 Star Cinema Grill, 352 S. Rt. 59 - new owners of Hollywood Palms Omar Khan, Owner, 832-539-2675 Hollywood Palms is operating under a management contract between Ted Bulthaup of Naperville Theaters LLC and Star Cinema Grill (SCGC). SCGC intends to apply for a Class B – Restaurant/Tavern License with Late Night and Entertainment Permits. After a six (6) month period, transition from Hollywood Palms to a Star Cinema theater. Changes: Page 7 of 10 Menu – Hollywood Palms to SCGC menu “Rolling” renovations to auditoriums to change out seating, tables, and sound systems. Concerns about increased density in auditoriums after the change to theater seating versus tables and rolling desk chairs. The potential increase in occupancy when two additional auditoriums are built. Theater occupancy is 1,028 before the planned expansion, one of the largest Late Night Permit locations in the City. Star Cinema Grill owns five theaters with one in Arlington Heights, IL and the rest in Texas. Their model is seat-side service with a push-button call system. Theater-goers under eighteen (18) years old must be accompanied by an adult. Wait staff monitors the intake of guests and restricts the service of pitchers of beer and margaritas or buckets of beer to two or more people. Food and drink are ordered and served before the movie starts. Last call will be at midnight. Shots are available at the lobby bar but not in the auditoriums. The lobby bar will be open pre-show and will close when the last movie starts. The transition date from the Hollywood Palms model to Star Cinema Grill hasn’t been determined. Most employees will remain the same. In September/October renovations to the seating, table and carpeting will start. The new seating plan will result in 10-15% fewer seats. The longer term plan is to build two more auditoriums. Uncle Julio’s Made from Scratch, 1831 Abriter Ct – Mexican Restaurant Steve Bratton, CFO, 972-554-3608 Scott Brown, Manager in Skokie; Robert Lathan, Property/Real Estate Manager Applying for a Class B – Restaurant/Tavern with two Outdoor Seating areas and Late Night Permit. Uncle Julio’s is a new 379-seat restaurant in the Freedom Commons area. Over a third of the seating is located in the two Outdoor Seating Areas. Patio is heated to extend the season. Seating: Indoor 229 (51 @ bar) + Outdoor 150 = 379 Hours: Sun –Thurs 10 p.m.; Weekends 11:30 p.m. The restaurant is across the street from the Embassy Suites Hotel. Uncle Julio has twenty-two (22) locations nationally and has been in the Chicago area for twenty-three (23) years. 78% food/22% liquor sales. Employees communicate by radio/microphone system. Typical weekend staffing includes: Page 8 of 10 21-25 Wait staff Up to 6 bartenders 3-4 cocktail wait staff 6 Host staff 2 Front end managers 6 bus staff Uncle Julio’s provided a copy of their security manual. Will be open until 11:30 p.m. Shot service stops one hour prior to close = stop at 10:30 p.m. Target opening date: October 2015 Binny’s Beverage Depot, 790 Royal St. George in Cress Creek Shopping Center Michael Binstein, Owner; Brad Stein, VP; Don Rickert, Architect Previously discussed. Draft Picks – change of concept from Ranchero’s to sports bar Manager: George Kyriazis, 847-924-9073; Owner: James Panagakis Applying for a Class B –Restaurant/Tavern license with Entertainment and Late Night Permits. Hours: Weekdays -11 a.m. to 1 a.m.; Weekends close at 2 a.m. Owners are changing to a new menu, look, and product/concept of burgers, pizza and beer. They will retain three (3) managers from Rancheros which all need fingerprinting and background checks in 2015 to comply with Rule 2-3. License lapsed so a new application is required. Late Night Permit is automatically reduced. Same owner but different concept so a policy decision needs to be made about whether the Late Night Permit needs to go back to City Council for approval. Saage Culinary Studio – Concept undefined in liquor code so she wants BYOB license Owner: Gayatri Borthakur, 312-731-8379 Saage Culinary Studio is a commercial kitchen with a retail storefront. The kitchen can be rented by entrepreneurs or chefs for classes or food tastings. Ms. Borthakur wants permission to have BYOB‘s or a license the short-term renters to serve liquor with the meals. The City’s ordinances limiting BYOB to Corkage which is allowed for holders of Class A, B, I and J licenses (Section 3-3-17-7.1) were explained to Ms. Borthakur. She said that the ability for renters to serve wine at their classes and tastings is essential to the success of her business and asked to present her concept. Shared use kitchen in a three part space: 1) Retail; 2) Event/Class space; and 3) Commercial Kitchen. Page 9 of 10 Gayatri wants users of the event space to be allowed to include beer and wine with the meals they will cook. She doesn’t want to sell the liquor so she would prefer BYOB. She’s had inquiries for cooking classes, craft beer/wine and food pairing dinners, and caterers that want to do tasting dinner and drinks before booking a contract. On May 21, 2015, Gayatri withdrew her request for a liquor license and decided to limit service to catered events. e. Liquor Reports Detective English reported there were 28 DUI's for the month of April, 28 in the same time frame last year. VIII. EXECUTIVE SESSION Members of the Local Liquor Commission, a motion would be in order to go into closed session to discuss matters of discipline under the jurisdiction of this quasi-adjudicative body as provided under Chapter 5 of the Illinois Complied Statute, section 120/2( c ) (4). Wehrli moved to go into Executive Session at 4:45pm,seconded by Blackman. Vote unanimous, motion carried. At 5:00pm, the commission reconvened. IX. ADJOURNMENT Next Meeting: The next Liquor Commission meeting held on July 9, 2015 at 3:00 p.m. in the Council Chambers. No further business to come before the commission. Blackman made the motion to adjourn the meeting at 5:03 p.m. seconded by Choe. Vote unanimous, Motion carried. Page 10 of 10