Local Liquor Commission

December 12, 2018 I. CALL TO ORDER AND ROLL CALL VOTE Chair Taylor called the December 12, 2018 meeting of the Local Liquor Control Commission meeting to order at 7:00 P.M. in the Gamon Room of the Wheaton City Hall, 303 West Wesley Street. Upon roll call, the following were present: Commissioner Pearse, Commissioner Sender and Chair Taylor. Absent: Commissioner Brown and Commissioner Wolgemuth. City Staff Present: James P. Kozik, Director of Planning and Economic Development. II. PUBLIC COMMENT There was no public comment. III. APPROVAL OF MINUTES – November 8, 2018 Commissioner Wolgemuth moved and Commissioner Brown seconded a motion to approve the minutes of the November 8, 2018 Local Liquor Control Commission meeting as submitted. On a voice vote, all voted aye. IV. NEW BUSINESS 2019 License Renewals – Section 6-90 of the Wheaton City Code Chair Taylor stated that Section 6-90 of the Wheaton City Code requires that licensees found guilty of a violation in the previous year, must attend a liquor license renewal meeting before the Local Liquor Commission prior to a license renewal. Chair Taylor stated that on May 10, 2018, the Liquor Control Commission conducted two hearings in aggravation and mitigation with respect to the charges against Bricks of Wheaton, LLC and Ivy Restaurant Group, LLC whereby liquor was sold to a person under the age of 21. He stated that at the hearings, each licensee entered a plea of guilty and offered evidence on its behalf as to the circumstances surrounding the incident and as to the establishment’s actions to prevent such future violations. Mr. Peter Ruge, General Manager of Bricks Pizza, described for the Commisison what steps have been taken since their violation to ensure that future violations do not occur. Mr. Ruge stated that all customers who wish to purchase alcohol that look under the age of 35 are carded and that only managers are allowed to pour alcohol and serve it and that alcohol is no longer delivered to the table. Mr. Ruge stated that the violation has been used as a learning opportunity. WHEATON CITY COUNCIL MEETING AGENDA December 12, 2018 Mr. Richard O’Gorman, owner of Ivy Restaurant and Mr. Michael Cordin, project manager described for the Commisison what steps have been taken since their violation to ensure that future violations do not occur. Mr. Cordin stated that additional training has taken place with all employees and additional signage has been added throughout the sales area. In addition, Mr. Cordin stated that all servers have had apps installed on their phones which can scan and verify customers age from their drivers licenses. Hearing no further questions or comments, Commissioner Pearse moved and Commissioner Sender seconded a motion to recommend approval of the 2019 Renewals for Bricks of Wheaton, LLC and Ivy Restaurant Group, LLC. On a roll call vote; all voted aye. Outdoor Special Event Liquor License - Downtown Wheaton Association - “Let’s Wine About Winter” - Wine Walk Ms. Paula Barrington, Executive Director of the Downtown Wheaton Association, was in attendance to present an application for an Outdoor Special Event Liquor License for an event to be held Saturday, January 19, 2019 from 4pm to 7pm to the Commission. Ms. Barrington stated that the “Let’s Wine about Winter” event is planned as a ticketed wine tasting event. The DWA will sell tasting tickets ($35 for 12- one ounce tastings) to the public on-line and at the check in area to be held at Martin Memorial Plaza or at the DWA offices at 108 E. Wesley Street (depending on the weather) on the day of the event. All ticket holders will check in, be carded and receive a wristband (must be 21 years or older); receive their tasting ticket (to be worn on a lanyard), souvenir wine glass, and a walking map of all the tasting locations. Ms. Barrington stated that the tasting locations will be inside participating restaurants and selected retailers. The DWA will be purchasing the wine and distributing it to the tasting locations. Each location will have one wine offered for tastings. Each location will have a Basset trained person (21 years or older) as the server. A special wine stopper that only allows for 1 ounce pours will be in each opened bottle. The server will be responsible for marking off each tasting on the participant’s tasting ticket. All tastings will be consumed inside the business premises. Signs will be posted inside the doorways noting that all tastings must be finished inside- no alcohol allowed outside. At each tasting station, a tray of appetizers will be available to participants to enjoy. A free trolley will circulate in the Downtown area to provide transportation from the north side of the Downtown to the tasting locations on the south side of Downtown; The Perfect Thing and Adelle’s. Glass rinsing stations (portable water coolers and buckets to catch the water) will be located on the sidewalk at Main and Front, Hale and Front, and Hale and Wesley. A DJ will be providing a selection of jazz and soft rock music at the “W” Plaza located on Front Street adjacent to Naperville Running Company. 2 WHEATON CITY COUNCIL MEETING AGENDA December 12, 2018 Hearing no further questions or comments, Commissioner Pearse moved and Commissioner Sender seconded a motion to recommend approval of the Outdoor Special Event Liquor License to the Downtown Wheaton Association for this event. On a roll call vote; all voted aye. Application for a Class A Liquor License - 302 Wheaton, LLC - 302 Wheaton - 302 W. Front Street Mr. Eric Schlickman, owner of 302 Wheaton, LLC was in attendance to present an application for a Class A liquor license for 302 Wheaton, a 53 seat fast-casual restaurant with a Courtyard proposed to be located in the former Bell Transmission property at 302 W. Front Street to the Commission. Mr. Schlickman stated that he is proposing to separate the courtyard from the public sidewalk by a 36- inch high wrought-iron style fence. In response to the Liquor Code restrictions against the sale of liquor at “fast food” restaurants. Mr. Schlickman stated that of the factors that are indicia of a fast food restaurant, only a few define his business practices and as such, his restaurant should not be considered a fast food restaurant and should thus be eligible to hold a retail liquor license. Mr. Schlickman stated that his business practices are similar to Bricks Pizza, Noodles and Company, located in Wheaton Town Square, and Smashburger, located in Rice Lake Square and the recently approved LemonShark Poke. In response to a question about liquor sales procedures, Mr. Schlickman stated that all his servers will Bassett certified and will be experienced in the sale of alcohol. Mr. Schlickman added that he will be on- site as the owner and manager. Hearing no further questions or comments, Commissioner Pearse moved and Commissioner Sender seconded a motion to recommend approval of a Class A Liquor License to 302 Wheaton, LLC. On a roll call vote; all voted aye. V. MISCELLANEOUS BUSINESS There was no miscellaneous business. VI. ADJOURNMENT The meeting was adjourned at 7:30 P.M. Respectfully submitted, James P. Kozik, AICP Director of Planning and Economic Development 3