Local Liquor Commission

LOCAL LIQUOR CONTROL COMMISSION September 13, 2018 I. CALL TO ORDER AND ROLL CALL VOTE Mr. Kozik called the September 13, 2018 meeting of the Local Liquor Control Commission meeting to order at 7:00 P.M. in the City Council Chambers of the Wheaton City Hall, 303 West Wesley Street. Upon roll call, the following were present: Commissioner Pearse, Commissioner Sender, Commissioner Wolgemuth. Absent: Commissioner Brown, Chair Taylor. City Staff Present: James P. Kozik, Director of Planning and Economic Development. Mr. Kozik asked for a motion to appoint a Chair pro tem. Commissioner Pearse moved and Commissioner Wolgemuth seconded a motion to appoint Commissioner Sender as Chair pro tem. On a voice vote, all voted aye. II. PUBLIC COMMENT There was no public comment. III. APPROVAL OF MINUTES – August 9, 2018 Commissioner Pearse moved and Commissioner Wolgemuth seconded a motion to approve the minutes of the August 9, 2018 Local Liquor Control Commission meeting as submitted. On a voice vote, all voted aye. IV. NEW BUSINESS APPLICATION FOR A CLASS B LIQUOR LICENSE / CITRUS FISH I, LLC / LEMONSHARK POKE / 135 DANADA SQUARE EAST Michael Kessler, franchisee and owner of Citrus Fish I, LLC, was in attendance to present the Commission with an application for a Class B liquor license for LemonShark Poke, a 43 seat, fast-casual restaurant to be located at 135 Danada Square East. Mr. Kessler stated that LemonShark Poke will serve Poke Bowls that have a Protein (Fish, Shrimp, Scallops, Tofu) and a wide selection of Vegetables and fruits, three types of rice (grains) or lettuce as a base. Mr. Kessler stated that the hot menu includes Chicken items over rice, with vegetables or fruit and they also offer a Pokerito which is like a sushi burrito and will also serve a variety of appetizers made in the kitchen. WHEATON CITY COUNCIL MEETING AGENDA September 13, 2018 Mr. Kessler stated that the Wheaton Liquor Code does not permit the sale of liquor at “fast food” restaurants. Chapter 6 of the Wheaton City Code sets forth 14 factors that are indicia of a fast food restaurant. Mr. Kessler further stated that the Code provides that “The foregoing factors may be considered by the local liquor commission in determining whether a business is a fast food restaurant. The determination of the commission shall be based upon the totality of the circumstances.” Mr. Kessler stated that of these factors, only a few define LemonShark Poke’s business practices and as such, LemonShark Poke should not be considered a fast food restaurant and should thus be eligible to hold a retail liquor license. Mr. Kessler stated that the business practices of LemonShark Poke are similar to Noodles and Company, located in Wheaton Town Square, and Smashburger, located in Rice Lake Square that also have Class B liquor licenses. Mr. Kessler also stated that he is also proposing the use of a self-service dispensing device for the service of beer and sake. The system requires a patron to have a government issued ID card with a magnetic strip which is scanned and age-verified. After age verification, the patron is paired with a unique RFID bracelet. The patron will then use this personal RFID device to control the beer or sake taps to obtain the product. Hearing no questions or comments, Commissioner Pearse then moved and Commissioner Wolgemuth seconded a motion to recommend to the City Council that a Class B liquor license be issued to Citrus Fish I, LLC. On a roll call vote; all voted aye. APPLICATION FOR A CLASS S LIQUOR LICENSE / 7-ELEVEN, INC. / 1277 E. BUTTERFIELD RD. Representatives from 7-Eleven, Inc. were in attendance to present the Commission with an application for a Class S liquor license. for their store located at 1277 E. Butterfield Road. The representatives stated that 7-Eleven, Inc. is purchasing the store from the current franchisee and that they seek to continue to operate the business with no significant planned changes that would impact operations or the sale of alcoholic beverages. Hearing no questions or comments, Commissioner Wolgemuth then moved and Commissioner Pearse seconded a motion to recommend to the City Council that a Class S liquor license be issued to 7-Eleven, Inc. On a roll call vote; all voted aye. V. MISCELLANEOUS BUSINESS There was no Miscellaneous business. VI. ADJOURNMENT The meeting was adjourned at 7:20 P.M. Respectfully submitted, James P. Kozik, AICP Director of Planning and Economic Development 2