Local Liquor Commission

LOCAL LIQUOR CONTROL COMMISSION February 12, 2015 I. CALL TO ORDER AND ROLL CALL VOTE Mr. Kozik called the February 12, 2015 Local Liquor Control Commission meeting to order at 7:30 P.M. in the Council Chambers of the Wheaton City Hall, 303 West Wesley Street. Upon roll call, the following were present: Commissioner Pearse, Commissioner Sender, Commissioner Wolgemuth. Absent: Commissioner Glonek, Chair Taylor. City Staff Present: James P. Kozik, Director of Planning and Economic Development. Commissioner Pearse moved and Commissioner Wolgemuth seconded a motion to nominate Commissioner Sender as Chair Pro-tem. On a voice vote, all voted aye. II. PUBLIC COMMENT There was no public comment. III. APPROVAL OF MINUTES – December 11, 2014 Commissioner Pearse moved and Commissioner Wolgemuth seconded a motion to approve the minutes of the December 11, 2014 Local Liquor Control Commission meeting as submitted. On a voice vote, all voted aye. IV. NEW BUSINESS Class I & O Liquor License/Emmett’s WT LLC d/b/a Emmett’s Brewing Co./121 W. Front Street Mr. Andrew Burns, CEO of Emmett’s WT, LLC, was in attendance to present their liquor license application for Emmett’s Brewing Company, a new restaurant to be located at 121 W. Front Street in Downtown Wheaton to the Commission. Mr. Burns stated that Emmett’s WT LLC d/b/a Emmett’s Brewing Co Care, LLC is purchasing The Bank Restaurant from its current owner and seeks to operate it as Emmett’s Brewing Company, following a remodeling of the space. In addition to a Class I License, Mr. Burns stated that he is seeking a Class O License, which is a supplemental license for premises holding a Class I or M License which authorizes the manufacture of beer for the sole purpose of the retail sale, consumption and storage of such beer upon a showing by that all applicable federal and state tax stamps have been procured. Mr. Burns stated that he is proposing to install the beer brewing equipment is a lower level room currently being used as a private party room. When asked about the number of employees will be at this location, Mr. Burns stated that the restaurant will have between 35 and 40, with 15 of those being servers who will all be BASSET trained within 90 days.  Local Liquor Control Commission Meeting February 12, 2015 Page 2 of 3 In addition to BASSET training, Mr. Burns stated that all servers receive semi-annual in-house training. Mr. Burns stated that in the 15 years he has been operating 3 other suburban locations, he has not had a liquor violation. Hearing no further questions or comments, Commissioner Pearse moved and Commissioner Wolgemuth seconded a motion to recommend approval of a Class I & O Liquor License to Emmett’s WT LLC d/b/a Emmett’s Brewing Co. On a voice vote, all voted aye. Class N Liquor License/Wyndemere Senior Care, LLC/200 Wyndemere Circle Mr. Marty Jensen, executive Director of Wyndemere, was in attendance to present an application for a Class N Liquor License to the Commission. Mr. Jensen stated that Wyndemere Senior Care, LLC is purchasing the existing development from its current owner and seeks to continue to operate the facility as it currently exists. Mr. Jensen stated that a Class N license authorizes the retail sale of alcoholic liquor on the premises of a residential complex specified in the license, and that his request would provide the continued service of alcohol in Wyndemere’s bistro space for its residents. Hearing no further questions or comments, Commissioner Pearse moved and Commissioner Wolgemuth seconded a motion to recommend approval of a Class N Liquor License to Wyndemere Senior Care, LLC. On a voice vote, all voted aye. V. Violation Hearings Cozymel #3 LLC d/b/a Cozymel's Coastal Grill/311 E. Loop Road Chair Pro-tem Sender called the public hearing to order. Chair Pro-tem Sender stated that the public hearing is to review evidence relating to allegations of a violation of the Liquor Control Ordinance by Cozymel #3 LLC d/b/a Cozymel's Coastal Grill, 311 E. Loop Road, whereby liquor was sold to a person under the age of 21. Chair Pro-tem Sender indicated that Cozymel #3 LLC d/b/a Cozymel's Coastal Grill, has entered a plea of guilty to the allegations. Mr. Jose Perez, Store Manager, stated that Cozymel’s takes full responsibility for the violation and apologizes for the incident. Mr. Perez stated that since the incident, he now meets daily with all employees to stress the importance of being vigilant with regards to preventing the sale of alcohol to underage customers. Mr. Perez stated that the restaurant has also recently engaged the services of a “Secret Shopper” to test their employees.  Local Liquor Control Commission Meeting February 12, 2015 Page 3 of 3 Hearing no further questions or comments the public hearing was closed. Roundy's Illinois Co d/b/a Mariano's #8513/625 S. Main Street Chair Pro-tem Sender called the public hearing to order. Chair Pro-tem Sender stated that the public hearing is to review evidence relating to allegations of a violation of the Liquor Control Ordinance by Roundy's Illinois Co d/b/a Mariano's #8513, 625 S. Main Street, whereby liquor was sold to a person under the age of 21. Chair Pro-tem Sender indicated that Roundy's Illinois Co d/b/a Mariano's #8513, has entered a plea of guilty to the allegations. Attorney William O’Donaghue, explained the circumstances regarding the violation. Mr. O’Donaghue stated that all cashiers for Mariano’s receive BASSET training. Mr. O’Donaghue stated that as per Roundy’s “One and Done” policy, the employee was terminated. Hearing no further comments the public hearing was closed. Commissioner Pearse then moved and Commissioner Wolgemuth seconded the motion to go into Executive Session pursuant to the Illinois Compiled Statutes 5ILCS 120/2 (c) (4) at 8:08 P.M. On a voice vote, all voted aye. At approximately 8:12 P.M. the Commission returned to open session. Chair Pro-tem Sender stated the Commission will be recommending the following fines to the Liquor Commissioner: Cozymel’s $750; and Mariano’s $300. VI. MISCELLANEOUS There was no miscellaneous business. VII. ADJOURNMENT The meeting was adjourned at 8:15 P.M. Respectfully submitted, James P. Kozik, AICP Director of Planning and Economic Development