Business License Appeal Board

123 Madison Street Village of Oak Park Oak Park, Illinois 60302 www.oak-park.us Meeting Minutes Business License Appeal Board Thursday, October 26, 2017 3:00 PM Room 201 (Council Chambers) 1. Call To Order Trustee Andrews called the meeting to order at 3:00 P.M. 2. Roll Call of Appeal Board (Andrews, Moroney, and Taglia) Present: Members of the Village of oak Park Business License Appeal Board ("Appeal Board"): Village of Oak Park Trustees Deno Andrews, Dan Moroney, and Jim Talia. Absent: None 3. Motion to Select Appeal Board Chair Trustee Moroney moved to select Trustee andrews as the Chair if the Appeal Board. The motion was seconded by Trustee Taglia. The roll call was as follows: Ayes: 3 - Trustee Moroney, Taglia, and Andrews Nays: 0 The motion was approved. 4. Agenda Approval It was moved by Trustee Moroney and seconded by Trustee Taglia to approve the agenda as presented. A voice vote was taken and the motion was approved. 5. Motion to Adopt Appeal Board Rules of Procedure MOT 17-250 Motion to Adopt Appeal Board Rules of Procedure It was moved by Trustee Moroney and seconded by Trustee Taglia to approve the Appeal Board Rules of Procedure as presented. The roll call was as follows: Ayes: Trustees Moroney and Taglia, Chair Andrews Nays: 0 The motion was approved. 6. Convene Hearing in Appeal No. 2017-01, Austin Pantry Appeal Village of Oak Park Page 1 Printed on 1/4/2018 Business License Appeal Board Meeting Minutes October 26, 2017 ID 17-672 Convene Hearing in Appeal No. 2017-01, Austin Pantry Appeal Chair Andrews convened the hearing in Appeal No. 2017-01, Austin Pantry Appeal. Counsel for Austin Pantry and the Village of Oak Park introduced themselves with their name, addresses and contact information. The attorney for the Village of Oak Park filed his Appearance with the Village Clerk, Vicki Scaman. Counsel for Austin Pantry stated that he had previously filed an appearance in the case. Chair Andrews swore in all individuals that will testify or speak for either party under oath. The attorney for Austin Pantry, Mr. Frankel, made a motion to request the opportunity to prepare a written response to the Village of Oak Park "Brief in Support of the Order to Revoke Austin Pantry's Business License". Mr. Stephanides stated that he previously filed the Village's Brief in this matter and that he objected to further briefing. After discussion Chair Andrews denied the motion. Mr. Frankel called his first witness: Ali ElSaffar, landlord to the business Austin Pantry. Mr. ElSaffar provided a presentation to the Appeal Board. Village Attorney Stephanides objected to the PowerPoint. Chair Andrews denied the objection. Mr. ElSaffar presented on the history of his ownership of the building, relationship with Azzam ("Sam") Mohammad (owner of the busines in question), and proposed changes to the building to address concerns. VIllage Attorney Stephanides cross examined the witness. Austin Pantry called its second witness, Sam Mohammad, owner of Austin Pantry. Mr. Mohammad testified as to his interest as an owner of the business in question. Village Attorney Stephanides cross examined the witness. Members of the Appeal Board and Greg Smith of Klein, Thorpe & Jenkins (legal counsel for the Appeal Board), asked the witness questions. Austin Pantry closed its case. Mr. Stephanides, called the Village's first witness, Cameron Hendricks, health Inspector for the Village of Oak Park. Mr. Hendricks responded to questions related to his experiences conducting health inspections at Austin Pantry as part of his duties. Mr. Stephanides referenced a Food Inspection Report from may 17, 2017 (Exhibit 1). Mr. Stephanides also referenced an incident in October when Mr. Hendricks reprotedly initiated Village of Oak Park Page 2 Printed on 1/4/2018 Business License Appeal Board Meeting Minutes October 26, 2017 an inspection and stopped. Mr, Frankel objected because hehad not received a copy of a report. Counsel repsonded that a report did not exist. Chair Andrews overruled the objection and allowed the testimony. Testimony continued. Mr. Frankel cross-examined the witness. Members of the Appeal Board asked questions. Assistant Village Attorney, Rasheed Jaackson, called the Village's second witness, Mr. James Bowers, neighboring business owner. Mr. Bowers answered questions based on his observations of Austin Pantry. Mr. Frankel cross-examined the witness. Members of the Appeak Board and Mr. Smith of Klein, Thorpe & Jenkins (legal counsel for the Appeal Board), asked the witness questions. The Village of Oak Park closed its case. Chair Andrews directed counsel to provide closing arguments. Counsel for Austin Pantry, Mr. Frankel, provided clsoing remarks asking the Board of Appeals to overturn the Village Manager's decision to revoke Austin Pantry's business license. Counsel for the Village of Oak Park , Mr. Stephanides, provided closing remarks asking the Appeal Board to affirm the Village Manager;s decision to revoke Austin Pantry's business license. 7. Public Comment Linda Valentine: Ms. Valentine referenced the unprofessional appearance of Austin Pantry and concerns of litter and loitering. Wendy Cornejo: Ms. Cornejo expressed safety concerns for the community with regard to Austin Pantry. Aisha Coleman: Ms. Coleman expressed concern for children and citizens due to loitering outside of Austin Pantry. Tamell Jackson: As an employee of Austin Pantry, Mr. Jackson provided comments regarding his experience working for the store. Anthony Clark: Mr. Clark expressed concern that the owner claims to have been unaware of loitering, drug sales and safety concerns that he believes to have been evident. Members of the Board of Appeals requested to ask the VIllage of Oak Park Chief of Police, Anthony Ambrose, questions on the history of complaints referencing Austin Pantry. The Chief answered the questions of the Board. Village of Oak Park Page 3 Printed on 1/4/2018 Business License Appeal Board Meeting Minutes October 26, 2017 Mr. Jackson was sworn in to answer questions of the Board of Appeals on his experience of business practices at Austin Pantry. 8. Consideration of a Motion to Enter into Executive Session pursuant to 5 ILCS 120/2(c)(4) for Discussion of Evidence or Testimony Presented at the Hearing A motion was made by Trustee Taglia and seconded by Trustee Moroney to enter into executive session at 4:55 P.M. pursuant to 5 ILCS 120/2(c)(4), for discussion of evidence or testimony presented at the hearing. The roll call was as follows: Ayes: 3 - Trustees Moroney and Taglia, Chair Andrews Nays: 0 The motion was approved. The Board of Appeals reconvened at 5:22 P.M. A roll call was taken, and Trustees Moroney and Taglia, and Chair Andrews were present. 9. Motion to Affirm or Overturn the Decision to Revoke Austin Pantry's Business License A motion was made by Trustee Mornoney and seconded by Trustee Taglia to affirm the decision to revoke Austin Pantry's Business License. The roll call was as follows: Ayes: 3 - Trustees Moroney and Taglia, Chair Andrews Nays: 0 The motion was approved. 10. Motion to Direct the Appeal Board Attorney to Draft Written Findings of Fact and Decision Consistent with the Appeal Board's Motion to Affirm or Overturn the Revocation Decision A motion was made by Trustee Moroney and seconded by Trustee Taglia to direct the Appeal Board Attorney to draft written findings of fact and decision consistent with the Appeal Board's Motion to affirm the revocation decision. The roll call was as follows: Ayes: 3 - Trustees Moroney and Taglia, Chair Andrews Nays: 0 The motion was approved. 11. Motion to Recess to October 30, 2017 at 6:00 p.m. for the Appeal Board to Adopt its Written Findings of Fact and Decision A motion was made by Trustee Moroney and seconded by Trustee Taglia to recess at 5:24 P.M. to October 30, 2017 at 6:00 P.M. The roll call was as follows: Ayes: Trustees Moroney and Taglia, Chair Andrews Nays: 0 The motion was approved. Village of Oak Park Page 4 Printed on 1/4/2018 Business License Appeal Board Meeting Minutes October 26, 2017 SUBMITTED AND RECORDED IN THE OFFICE OF: VICKI SCAMAN, VILLAGE CLERK Village of Oak Park Page 5 Printed on 1/4/2018