Local Liquor Commission

July 13, 2023 I. CALL TO ORDER AND ROLL CALL VOTE Chair Pearse called the July 13, 2023 meeting of the Local Liquor Control Commission 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 Brown, Chair Pearse and Commissioner Whitmer. Absent: Commissioner Sender and Commissioner Taylor. City Staff Present: James P. Kozik, Director of Planning and Economic Development. II. PUBLIC COMMENT There was no public comment. III. APPROVAL OF MINUTES – June 8, 2023 Commissioner Brown moved and Commissioner Whitmer seconded a motion to approved the minutes of the May 11, 2023 Local Liquor Control Commission meeting as submitted. On a voice vote, all voted aye. IV. NEW BUSINESS Application for an Outdoor Special Event Liquor License – DuPage County Fair Association / Exchange Club of Naperville – September 15th thru September 17th (Ribfest) - DuPage County Fairgrounds Mr. Jim McGuire, DuPage County Fair Association Executive Director was in attendance to present an application for an Outdoor Special Event Liquor License in connection with Ribfest, an event to be held at the County Fairgrounds on September 15th thru September 17th. The proposed hours of the event are Friday and Saturday from noon to 10:00pm and Sunday from noon to 9:00pm. Mr. McGuire described Ribfest as a fundraising event for organizations working to eliminate child abuse and domestic violence. Ribfest showcases various vendors selling ribs, a carnival and evening, ticketed concerts. There will be two locations on grounds early in the day selling beer, wine and seltzer type drinks, and three more will open at 4:00pm to service the concert venue. Mr. McGuire stated that the concert aspect of the event is planned to be smaller than last year. Regarding liquor sales procedures, Mr. McGuire stated that as they did last year, Wheaton Police will be present at all alcohol point-of-sale locations and BASSET/Wheaton Police-trained volunteers will performing ID checks and “banding” of attendees at point-of-sale locations for those wishing to purchase alcohol. All servers at the event will also receive alcohol training pursuant to the Liquor Ordinance requirements. Hearing no questions or comments, Commissioner Brown moved and Commissioner Whitmer Seconded a motion to recommend approval of an Outdoor Special Event Liquor License to the DuPage County Fair Association in connection with Ribfest. On a roll call vote, all voted aye. WHEATON LIQUOR CONTROL COMMISSION MEETING July 13, 2023 Application for a Class M Liquor License – Amante Marketplace, Inc. – 102 N. Hale Street Mr. Jared Raftery, owner of Amante Marketplace, Inc. was in attendance via Zoom to present an application for a Class M Liquor License to the City so his business may offer wine for sale by the bottle to complement their houseware/entertaining offerings that they sell in their store located at 102 N. Hale Street. Mr. Kozik stated that the Class M liquor license shall authorize the retail sale, on the premises specified in the license, of beer, ale and wine or wine only, in its original package or when sold in gift boxes or in gift baskets. The retail sale of beer, ale and wine, or wine only for consumption on the premises shall also be authorized by a Class M license. Premises issued or granted a Class M liquor license shall be subject to all of the following conditions: a. No such license shall be granted or retained for a premises not located in the C-2 or C-4 retail core business district or in a shopping center of at least 150,000 gross above grade square feet. b. The licensed premises shall not exceed a maximum of 2,500 gross above grade square feet. c. At least 20 percent of the retail space shall be devoted to the sale of specialty foods and merchandise. d. Private beer, ale and wine tasting seminars shall be permitted at premises with a Class M liquor license. e. No such license shall be granted to or retained by any establishment whose primary business is that of a convenience store. f. No more than one Class M liquor license shall be granted or issued for any one shopping center. Hearing no questions or comments, Commissioner Whitmer moved and Commissioner Brown seconded a motion to recommend that a Class Z Liquor License be approved for Amante Marketplace, Inc., located at 102 N. Hale Street. On a roll call vote, all voted aye. Application for a Class B Liquor License – Q Currys Inc, d/b/a Q Currys Indian Kitchen, at 390 W. Front Street Mr. Srikrishan Dabral, owner of Q Currys Inc, d/b/a Q Currys Indian Kitchen was in attendance to present an application for a Class B liquor license for a 40 seat fast-casual restaurant to be located in the former Schmaltz Deli space at 390 W. Front Street. Mr. Dabral described his past restaurant experience and responsible sales of alcohol with the Commission. Mr. Kozik stated that a Class B license permits the retail sale of beer and wine on the premises of a restaurant that has at least 25 seats. Mr. Kozik further stated that the Wheaton Liquor Code does not permit the sale of liquor at “fast food” restaurants. He stated that Chapter 6 of the Wheaton City Code sets forth 14 factors that are indicia of a fast-food restaurant. The Code further states that “The 14 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. Dabral stated that of the 14 factors, 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 WHEATON LIQUOR CONTROL COMMISSION MEETING July 13, 2023 liquor license. Mr. Dabral stated that his business practices are similar to 302 Wheaton, Bricks Pizza, Noodles and Company, Smashburger and LemonShark Poke that have or have had been issued Liquor Licenses. Members of the Commission concurred with Mr. Dabral’s statements addressing the 14 factors. Hearing no questions or comments, Commissioner Brown moved and Commissioner Whitmer seconded a motion to recommend that a Class B Liquor License be issued to Q Currys Inc, d/b/a Q Currys Indian Kitchen at 390 W. Front Street. On a roll call vote, all voted aye. V. MISCELLANEOUS BUSINESS There was no miscellaneous business. VI. ADJOURNMENT The meeting was adjourned at 7:23 P.M. Respectfully submitted, James P. Kozik, AICP Director of Planning and Economic Development