Local Liquor Commission

LOCAL LIQUOR CONTROL COMMISSION May 12, 2016 I. CALL TO ORDER AND ROLL CALL VOTE Chair Taylor called the May 12, 2016 Local Liquor Control Commission meeting to order at 7:30 P.M. in the Council Chambers of the Wheaton City Hall, 303 West Wesley Street. Upon roll call, the following were present: Commissioner Brown, Chair Taylor, Commissioner Wolgemuth. Absent: Commissioner Pearse, Commissioner Sender. City Staff Present: James P. Kozik, Director of Planning and Economic Development. II. PUBLIC COMMENT There was no public comment. III. APPROVAL OF MINUTES – APRIL 12, 2016 Commissioner Wolgemuth moved and Commissioner Brown seconded a motion to approve the minutes of the April 12, 2016 Local Liquor Control Commission meeting as submitted. On a voice vote, all voted aye. IV. NEW BUSINESS Whole Foods/ Class E - Café Liquor License Application and Amendment/Approval of a Courtyard Ms. Irene Bahr, Counsel for Whole Foods Market Group, Inc, Mr. Joel Brauer, Executive Director of Operations for Whole Foods Market Group, Inc and Mr. Mike Farmer, Store Team Leader for Whole Foods Market Group, Inc. were in attendance to present an application for a Class E - Café Liquor License, a petition to amend the City's Class E - Café Liquor License regulations, and approval of a courtyard for their store that is currently under construction at 91 Danada Square East to the Commission. Ms. Bahr stated that late last year, Whole Foods announced that they will be relocating their existing store from 151 Rice Lake Square to the former Dominick's space at 91 Danada Square East. She stated that Whole Foods is seeking a Class E – Café License to allow the construction and use of a café near the front of the store, which in addition to a coffee bar, would contain what Whole Foods is calling a "Pub" for the service of alcohol. Ms. Bahr further stated that Whole Foods is also proposing an amendment to the Class E - Café License regulations by modifying subsection b of the Class E - Café License, which limits on premise consumption of alcohol to the only café seating area, to allow consumption throughout the store whereby customers can purchase a drink in the café, but can consume their beverage while they shop. Lastly, Ms. Bahr stated that Whole Foods is proposing an enclosed "Courtyard" along the front of the store. The courtyard area would have access from the coffee bar/pub/dining area inside the store. Chair Taylor asked the number of Whole Foods stores in Illinois. Mr. Brauer stated that there are 26. Mr. Brauer stated that only the new stores have the "Pub" feature. Commissioner Wolgemuth questioned how customers will manage a shopping cart while holding a drink. Mr. Brauer stated that the carts have holders on them that are designed to accommodate the drinks.  Local Liquor Control Commission Meeting May 12, 2016 Page 2 of 5 Chair Taylor questioned Whole Foods about their Liquor Training procedures. Ms. Bahr stated that all cashiers go through Whole Foods proprietary training and card anyone who looks under 40 years of age. When asked by Chair Taylor about the use of the courtyard, Mr. Farmers stated it will be used from Spring to Fall. Chair Taylor stated that he is not enthusiastic at all about the request to allow a customer to go outside the café area with alcohol. Chair Taylor stated he would like to have Staff prepare language to allow consideration of alcohol outside of the Café, but not as a right. Mr. Kozik stated he would do so. Hearing no further questions or comments, Commissioner Brown moved and Commissioner Wolgemuth seconded the motion to recommend to the City Council that a Class E - Cafe Liquor License be issued to Whole Foods Market Group Inc. On a roll call vote, all voted aye. Commissioner Brown moved and Commissioner Wolgemuth seconded the motion to approve of the Courtyard as presented. On a roll call vote, all voted aye. Violation Hearing/The Cellar Bistro, LLC d/b/a The Cellar Bistro/132 N. Hale Street Chair Taylor called the public hearing to order and stated that the public hearing is to review evidence relating to allegations of a violation of the Liquor Control Ordinance by The Cellar Bistro, LLC d/b/a The Cellar Bistro, 132 N. Hale Street, whereby liquor was sold to a person under the age of 21. Chair Taylor indicated that The Cellar Bistro, LLC d/b/a The Cellar Bistro, has entered a plea of guilty to the allegations. Ms. Kathleen Lewis, owner of the Cellar Bistro, stated that she takes full responsibility for the violation and apologizes for the incident. Ms. Lewis stated that at the time of the incident, both she and the manager were away from the restaurant. Ms. Lewis stated that the server was overwhelmed and failed to check the ID. Ms. Lewis stated the server was terminated and the manager was put on notice. Ms. Lewis stated that all of the servers are BASSET trained which is paid for by the restaurant. In addition, since this incident, Ms. Lewis stated that she is using the Human Resouces Department of another company she owns to assist with training and that they will engage the services of an outside firm to perform their own compliance checks. Hearing no further questions or comments the public hearing was closed. Violation Hearing/E & D, Inc., d/b/a El Zarape Restaurant/325 W. Front Street Chair Taylor called the public hearing to order and stated that the public hearing is to review evidence relating to allegations of a violation of the Liquor Control Ordinance by E & D, Inc., d/b/a El Zarape Restaurant, 325 W. Front Street, whereby liquor was sold to a person under the age of 21. Chair Taylor indicated that E & D, Inc., d/b/a El Zarape Restaurant, has entered a plea of guilty to the allegations.  Local Liquor Control Commission Meeting May 12, 2016 Page 3 of 5 Mr. Eduardo Jimenez, owner of the restaurant stated that he was on premise when the violation occurred. Mr. Jimenez stated the restaurant was very busy and the server misread the ID. Mr. Jimenez stated that all of the restaurants servers are being BASSET trained and that the server in question was suspended for three weeks. Hearing no further questions or comments the public hearing was closed. Violation Hearing/Gia Mia Wheaton, LLC d/b/a Gia Mia Pizza Bar/106 N. Hale Street Chair Taylor called the public hearing to order and stated that the public hearing is to review evidence relating to allegations of a violation of the Liquor Control Ordinance by Gia Mia Wheaton, LLC d/b/a Gia Mia Pizza Bar, 106 N. Hale Street, whereby liquor was sold to a person under the age of 21. Chair Taylor indicated that Gia Mia Wheaton, LLC d/b/a Gia Mia Pizza Bar, has entered a plea of guilty to the allegations. Mr. Kyle Arnold, General Manager of Gia Mia, stated that he takes full responsibility for the violation and apologizes for the incident. Mr. Arnold stated that the server exhibited poor judgment and failed to ask the decoy for identification. Mr. Arnold stated that as Gia Mia has a zero tolerance policy, the server was terminated. Mr. Arnold stated that since the incident, all servers have been BASSET recertified and that Gia Mia's Employee handbook has been changed to read that they card anyone that appears 40 and under. Mr. Kyle stated that Gia Mia is taking this issue very seriously and they want to make sure that they're doing everything they can on the training side that they're taking the right precautions and steps that a violation will not occur again. Hearing no further questions or comments the public hearing was closed. Violation Hearing/The Irish Dores Group, LLC, d/b/a The Original Gino's East Pizzeria /315 W. Front Street Chair Taylor called the public hearing to order and stated that the public hearing is to review evidence relating to allegations of a violation of the Liquor Control Ordinance by The Irish Dores Group, LLC, d/b/a The Original Gino's East Pizzeria, 315 W. Front Street, whereby liquor was sold to a person under the age of 21. Chair Taylor indicated that by The Irish Dores Group, LLC, d/b/a The Original Gino's East Pizzeria, has entered a plea of guilty to the allegations. Mr. James Dolan, Owner, stated that he takes full responsibility for the violation and apologizes for the incident. Mr. Dolan stated that the employee, who was new, received a two weeks suspension for the incident. Mr. Dolan stated that he feels a suspension, if it's for a first offense, is actually a better teaching tool for the 12 other servers at the restaurant that they see personally and they see the seriousness of it and they're still around, the person is there to tell the other employees about going to court, etc.  Local Liquor Control Commission Meeting May 12, 2016 Page 4 of 5 Hearing no further questions or comments the public hearing was closed. Violation Hearing/Ivy Restaurant/120 N. Hale Street Chair Taylor called the public hearing to order and stated that the public hearing is to review evidence relating to allegations of a violation of the Liquor Control Ordinance by Ivy Restaurant, 120 N. Hale Street, whereby liquor was sold to a person under the age of 21. Chair Taylor indicated that Ivy Restaurant, has entered a plea of guilty to the allegations. Mr. Richard O'Gorman, Owner, stated that he takes full responsibility for the violation and apologizes for the incident. Mr. O'Gorman stated that the bartender, who has sixteen years of experience, failed to ask for an identification. Mr. O'Gorman assured the Commission that such an incident will not occur again. Hearing no further questions or comments the public hearing was closed. Violation Hearing/ Le Donne, LLC, d/b/a Sogno/100 N. Hale Street Chair Taylor called the public hearing to order and stated that the public hearing is to review evidence relating to allegations of a violation of the Liquor Control Ordinance by Le Donne, LLC, d/b/a Sogno, 100 N. Hale Street, whereby liquor was sold to a person under the age of 21. Chair Taylor indicated that Le Donne, LLC, d/b/a Sogno, 100 N. Hale Street, has entered a plea of guilty to the allegations. Rosaria Migliaccio, Owner, stated that she takes full responsibility for the violation and apologizes for the incident. Ms. Migliaccio stated she was not in the restaurant at the time, but it occurred just as they were opening. Ms. Migliaccio stated that they decoy was served without being asked for identification; in violation of the restaurants policy. Ms. Migliaccio stated the employee was terminated. Hearing no further questions or comments the public hearing was closed. Violation Hearing/Donna Smith Creative Services, Inc. d/b/a Suzette's Creperie/211 W. Front Street Chair Taylor called the public hearing to order and stated that the public hearing is to review evidence relating to allegations of a violation of the Liquor Control Ordinance by Donna Smith Creative Services, Inc. d/b/a Suzette's Creperie, 211 W. Front Street, whereby liquor was sold to a person under the age of 21. Chair Taylor indicated that Donna Smith Creative Services, Inc. d/b/a Suzette's Creperie, has entered a plea of guilty to the allegations. Donna Hesik, Owner, stated that she takes full responsibility for the violation and apologizes for the incident. Ms. Hesik stated that they generally don't serve much alcohol during the day, but in the evening they have a lot of customers who have wine or cocktails. Ms. Hesik stated that they only have one person, one staff member, that serves alcohol at night and it's our bartender / bar manager.  Local Liquor Control Commission Meeting May 12, 2016 Page 5 of 5 She stated that the policy was a little lax during the day and it has changed now as the day manager will be the one that will be doing the serving of alcohol. Hearing no further questions or comments the public hearing was closed. Commissioner Brown then moved and Commissioner Wolgemuth seconded the motion to go into Executive Session pursuant to the Illinois Compiled Statutes 5ILCS 120/2 (c) (4) at 8:25 P.M. On a voice vote, all voted aye. At approximately 8:30 P.M. the Commission returned to open session. Following an admonishment of the Liquor Licensees, Chair Taylor stated the Commission will be recommending the following fines to the Liquor Commissioner: Cellar Bistro $750, El Zarape $1000, Gia Mia $500, Gino's East $750, Ivy $750, Sogno $500, Suzette's $500. V. MISCELLANEOUS Commissioner Wolgemuth moved and Commissioner Brown seconded a motion to nominate Chair Taylor for another term as Chair. On a voice vote, all voted aye. VI. ADJOURNMENT The meeting was adjourned at 8:35 P.M. Respectfully submitted, James P. Kozik, AICP Director of Planning and Economic Development