Local Liquor Commission

November 14, 2024 I. CALL TO ORDER AND ROLL CALL VOTE Chair Pearse called the October 10, 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 Laird, Chair Pearse and Commissioner Taylor. Absent: Commissioner Brown and Commissioner Whitmer. City Staff Present: James P. Kozik, Director of Planning and Economic Development. II. PUBLIC COMMENT There was no public comment. III. APPROVAL OF MINUTES – October 10, 2024 Commissioner Laird and Commissioner Taylor seconded a motion to approve the minutes of the October 10, 2024 Local Liquor Control Commission meeting as submitted. On a voice vote, all voted aye. IV. NEW BUSINESS Application for a Class A Liquor License – Bar The Hour LTD DBA High Rollers Company Worldwide– 120 N. Main Street Chair Pearse welcomed business owner John Swain to the meeting of the Local Liquor Commission. Mr. Swain passed out an informational packet dated November 14th to the members of the Commission, Mr. Kozik stated that Bar The Hour LTD DBA High Rollers Company has applied for a Class A Liquor License (full liquor) for their proposed 68 seat restaurant to be located in the former Dry City Brew Works space (Class M License) at 120 N. Main Street. When asked by Commissioner Taylor, Mr. Kozik stated that the space being remodeled into a small open kitchen (labeled as “Bar” on the attached floorplan) is where the former businesses brewing equipment was located. Mr. Swain then described his proposed business plan to the Commission. Mr. Swain stated that his goal is to create a social space that offers substantial, made to order food and beverage options in a relaxed, community oriented environment. Mr. Swain further stated that he is seeking a liquor license in order to offer liqueurs with certain dessert items as well as to serve beer and wine with their food offerings. Mr. Swain then reviewed the Liquor Codes fourteen points indicia of a fast-food restaurant and described how his business will not operate as such. Commissioner Laird stated that it appeared that his business was dessert focused, but is adding a table top oven to expand its food offerings so it could be considered a full-service restaurant. Mr. Swain stated that based on his past experience, the business is not sustainable offering only dessert items. WHEATON LIQUOR CONTROL COMMISSION MEETING November 14, 2024 Chair Pearse questioned the applicant regarding hours of operation. Mr. Swain stated he would operate within the hours specified under the liquor Code but would adjust based on the level of business. Commissioner Taylor asked Mr. Kozik to provide the City staff’s recommendation for the proposed application. Mr. Kozik stated that Staff does not believe that the proposed business has “adequate equipment and capacity and a sufficient number of employees to prepare, cook and serve a reasonable variety of meals for its customers” as required by the Liquor Code. As a consequence, the menu is limited to food items requiring minimal preparation and from a limited selection from all food groups. In addition, Mr. Kozik stated that the identification of areas for dancing and the placement of ping pong/billiard tables/dart boards within the dining area would make it appear that the primary business conducted on the premises is not the service of meals as required by the Liquor Code. While the proposed business may be acceptable for business licensure and occupancy standpoint as a fast-food restaurant/carry-out restaurant/ice cream parlor under the Zoning Ordinance, Mr. Kozik stated that he does not believe it is suitable for the issuance of a Liquor License as it does not meet the Liquor Code’s definition of a restaurant. Chair Pearse inquired about the ability to provide more kitchen equipment, i.e. a full range, grill etc. Mr. Kozik stated the existing location of the tenant space within the building make it difficult to provide the necessary hood and venting to make that happen. Commissioner Taylor asked the applicant if he were not granted a liquor license whether he would still proceed with this business. Mr. Swain answered yes, he would. Chair Pearse raised concern about the kitchens seemingly limited capacity with the combination of incongruous activities such as pool and darts. Chair Pearse asked for a motion to recommend approval of a Liquor License as proposed. There was no such motion made. Commissioner Taylor then moved and Commissioner Laird seconded a motion to recommend that a Class A Liquor License not be issued to Bar The Hour LTD DBA High Rollers Company Worldwide, 120 N. Main Street. On a roll call vote, all voted aye. Chair Pearse stated that she believes more needs to be done somehow with the food service area before she would recommend approval of a liquor license for this business. Commissioner Laird stated that it sounds like the applicant is still trying to finalize the menu – whether the business will be more of a pizza place or go another route. Commissioner Laird stated that by doing so, the space may take on more of a feel a restaurant with a full kitchen versus what it is today. V. ADJOURNMENT The meeting was adjourned at 7:44 P.M. Respectfully submitted, James P. Kozik, AICP Director of Planning and Economic Development