Local Liquor Commission

April 18, 2024 I. CALL TO ORDER AND ROLL CALL VOTE Chair Pearse called the April 18, 2024 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 and via Zoom. Upon roll call, the following were present: Commissioner Brown, Commissioner Laird, Chair Pearse, Commissioner Taylor and Commissioner Whitmer. Absent: None. City Staff Present: James P. Kozik, Director of Planning and Economic Development. Chair Pearse welcomed Commissioner Laird to his first meeting. II. PUBLIC COMMENT There was no public comment. III. APPROVAL OF MINUTES – January 11, 2024 Commissioner Taylor moved and Commissioner Brown seconded a motion to approved the minutes of the January 11, 2024 Local Liquor Control Commission meeting as submitted. On a voice vote, all voted aye. IV. NEW BUSINESS Application for a Class B Liquor License –Mra Kitchen, LLC – 226 W. Front Street Mr. Kozik stated that Mra Kitchen, LLC has applied for a Class B Liquor License (beer and wine) for their proposed +/- 50 seat restaurant to be located in the former Choun’s space at 226 W. Front Street. Restaurant owner Khin Kyaw stated that he is currently the sushi chef at Pete’s Fresh Market in Glen Ellyn and has been in the food service business for nineteen years. Mr. Kyaw stated that his menu will be largely unchanged from Choun’s with the addition of sushi. When asked about the restaurant’s carding policy, Mr. Kyaw stated that everyone seeking to purchase alcohol will have their ID checked. 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 Mra Kitchen, LLC for their restaurant to be located at 226 W. Front Street. On a roll call vote, all voted aye. Application for a Class A Liquor License – Sabores Chingones 1 LLC d/b/a Sweet Chilango 133 W. Front Street Mr. Kozik stated that Sabores Chingones 1 LLC has applied for a Class A Liquor License (full liquor) for their proposed +/- 60 seat fast casual restaurant, Sweet Chilango, to be located in the former Yia Mas WHEATON LIQUOR CONTROL COMMISSION MEETING April 18, 2024 space at 133 W. Front Street. Mr. Kozik stated that the space is being remodeled to add a service counter for the fast casual concept as well as opening up a portion of the kitchen to allow viewing of some of the food preparation. Mr. Kozik stated that a Class A license permits the retail sale of alcoholic liquor on the premises of a restaurant that has at least 25 seats. 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. Kozik further stated that 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. Julio Cano, one of the partners in the business, stated (via Zoom) that of the 14 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. Cano then reviewed his restaurants liquor service policies with the Commission. The Commission discussed the applicants business practices and stated they are similar to other restaurants that have been issued liquor licenses by the City. Hearing no questions or comments, Commissioner Brown moved and Commissioner Laird seconded a motion to recommend a Class A Liquor License be issued to Sabores Chingones 1 LLC d/b/a Sweet Chilango 133 W. Front Street. On a roll call vote, all voted aye. Application for a Class S Liquor License – Munddhrimaa Krupa Corp d/b/a 7-11 - 625 W. Roosevelt Road Mr. Kozik stated that as the new 7-11 franchisee, Munddhrimaa Krupa Corp has applied for a Class S Liquor License for the existing 7-11 convenience store located at 625 W. Roosevelt Road. Mr. Kozik stated that the applicant has stated that they will continue to operate the business with no significant planned changes that would impact operations or the sale of alcoholic beverages. Mr. Pramod Patel, the new franchisee, stated that he has worked at the current store for the past two years and that this is his first such business as an owner. In response to a question from Commissioner Taylor, Mr. Kozik stated that the Class S Liquor License Classification authorizes the retail sale of alcoholic liquor in its original package and not for consumption on the premises ("package sales") for retail establishments commonly known as a convenience stores that are not less than 2,000 gross above-grade square feet in size, subject to several conditions – that the portion of the premises devoted to package sales shall be no larger than two percent of the gross above-grade square footage of the entire premises which is the subject of the application and license, that the display of package sales shall be in a dedicated area of the convenience store and shall be designed in such a manner as to prohibit the accessing of alcoholic liquor during such times that sales are prohibited, that beer shall not be sold in quantities of less than four cans or bottles to any customer, that wine and spirits shall not be sold in containers less than 750 ml and that each transaction for the sale of alcoholic liquor shall be with point-of-sale equipment that shall scan the identification of the customer to verify age. WHEATON LIQUOR CONTROL COMMISSION MEETING April 18, 2024 Hearing no questions or comments, Commissioner Taylor moved and Commissioner Brown seconded a motion to recommend a Class S Liquor License be issued to Munddhrimaa Krupa Corp d/b/a 7-11 - 625 W. Roosevelt Road. On a roll call vote, all voted aye. V. ADJOURNMENT The meeting was adjourned at 7:33 P.M. Respectfully submitted, James P. Kozik, AICP Director of Planning and Economic Development