Local Liquor Commission

LOCAL LIQUOR CONTROL COMMISSION July 13, 2017 I. CALL TO ORDER AND ROLL CALL VOTE Mr. Kozik called the July 13, 2017 meeting of the 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, Commissioner Pearse, Commissioner Wolgemuth. Absent: Chair Taylor and Commissioner Sender. City Staff Present: James P. Kozik, Director of Planning and Economic Development. Commissioner Wolgemuth moved and Commissioner Brown seconded a motion to nominate Commissioner Pearse to serve as Chair pro tem. On a voice vote, all voted aye. II. PUBLIC COMMENT There was no public comment. III. APPROVAL OF MINUTES – June 8, 2017 Commissioner Wolgemuth moved and Commissioner Brown seconded a motion to approve the minutes of the June 8, 2017 Local Liquor Control Commission meeting as submitted. On a voice vote, all voted aye. IV. NEW BUSINESS Whole Foods/Class E - Café Liquor License Amendment (Continued) Mr. Kozik stated that at their June 9, 2016 meeting, the Commission discussed Whole Foods Market Group, Inc, 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 at 91 Danada Square East. Mr. Kozik stated that the Commission approved the proposed "Courtyard" and recommended to the Council approval of the Class E – Café Liquor License, but held over voting on the proposed amendment to the Class E – Café Liquor License which would allow a customer to go outside the café area with alcohol (sip and shop) for at least a year in order for Whole Foods to gain experience in selling liquor in their café. Mr. Kozik stated that 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. Ms. Irene Bahr, attorney for Whole Foods, stated that it has been a year since Whole Foods has been operating their café without incident. Ms. Bahr stated that Whole foods new stores in Elmhurst, Willowbrook and Evanston have “sip and shop” licenses, and they have operated without incident as well. When asked about who the typical “sip and shop” customer is, Mr. Mike Farmer, store manager, responded that it varies from day of the week and time. Mr. Farmer stated that the “sip and shop” program is offered as a convenience for customers. Chair pro tem Pearse asked about training for the “sip and shop” program. Ms. Bahr stated that the “sip and shop” element of the liquor license requires extra vigilance as it encompasses the entire  Local Liquor Control Commission Meeting July 13, 2017 Page 2 of 3 store and not just the café area. Mr. Farmer stated that Whole Foods has a high number of staff as compared to other stores to adequately watch over things. Chair pro tem Pearse questioned how many other Class E licensees there are in the City. Mr. Kozik stated that Mariano’s is the other Class E licensee in the City. Commissioner Wolgemeuth stated that he doesn’t see a lot of upside to the “sip and shop” program and stated that if the City does not grant permission for it, their business would not be harmed. Commissioner Wolgemeuth stated that Whole Foods has failed to provide a “business” reason for needing such a program and would like to see evidence of damage from the stores perspective if this doesn’t get approved. Ms. Bahr stated that customer experiences are cumulative and should be looked at as a whole. When questioned by Chair pro tem Pearse regarding the amount of alcohol consumed by café customers, Mr. Farmer stated that most customers have a single drink. Charo pro tem Pearse stated that she does not see a big problem with the “sip and shop” request as it provides a convenience to the customer that Whole Foods deems important. Commissioner Brown stated that from a shoppers perspective, the “sip and shop” program does not seem to be a bad idea. Commissioner Wolgemuth moved that consideration of this matter be postponed until next month when the full Board could be present. Commissioner Brown seconded the motion. On a voice vote, all voted aye. Proposed Amendment to the Liquor Code - Class W Liquor License – Performing Arts Facility Mr. Kozik stated that the Local Liquor Control Commission is being asked to review a proposed amendment to the Liquor Code regarding the creation of new liquor license classification authorizing the sale of alcoholic liquor to patrons of a performing arts facility. Mr. Kozik stated that the proposed amendment was developed by City staff following an inquiry by Westside Improv, a theatre group who conducts performances in a lower level space at 123 W. Front Street. The proposed amendment was modeled after the ordinances of several suburban towns that have performing arts facilities with liquor licenses and the City’s previous Class R License that was held for a short period of time by the Wheaton Grand Theatre and that the proposed hours and fee is similar to other smaller-scale Wheaton license classifications. Hearing no questions or comments, Commissioner Wolgemuth then moved and Commissioner Brown seconded a motion to recommend approval of proposed Class W Liquor License classification to the City Council. On a voice vote, all voted aye.  Local Liquor Control Commission Meeting July 13, 2017 Page 3 of 3 Proposed Amendment to the Liquor Code - Class X Liquor License – Arts and Crafts Studio Mr. Kozik stated that the Local Liquor Control Commission is being asked to review a proposed amendment to the Liquor Code regarding the creation of new liquor license classification authorizing the sale of alcoholic liquor to patrons of an Arts and Crafts Studio. Mr. Kozik stated that the proposed amendment was developed by City staff following an inquiry by The Sipping Muse, an arts and crafts studio at 122 N. Hale Street and is modeled after the ordinances of several suburban towns that have similar businesses with liquor licenses. Mr. Kozik stated that the proposed hours and fee is similar to other smaller-scale Wheaton license classifications. Commissioner Brown then moved and Commissioner Wolgemuth seconded a motion to recommend approval of proposed Class X Liquor License classification to the City Council On a voice vote, all voted aye. V. ADJOURNMENT The meeting was adjourned at 8:00 P.M. Respectfully submitted, James P. Kozik, AICP Director of Planning and Economic Development