Local Liquor Commission

December 12, 2024 I. CALL TO ORDER AND ROLL CALL VOTE Chair Pearse called the December 12, 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: Chair Pearse, Commissioner Taylor and Commissioner Whitmer. Absent: Commissioner Brown and Commissioner Laird. City Staff Present: James P. Kozik, Director of Planning and Economic Development. II. PUBLIC COMMENT There was no public comment. III. APPROVAL OF MINUTES – November 14, 2024 Commissioner Taylor moved and Commissioner Whitmer seconded a motion to approve the minutes of the November 14, 2024 Local Liquor Control Commission meeting as submitted. On a voice vote, all voted aye. IV. NEW BUSINESS Application for a Class S Liquor License – Thorntons LLC d/b/a Thorntons #363 – 950 W. Geneva Road Mr. Kozik stated that Thorntons LLC d/b/a Thorntons #363 has submitted an application for a Class S Liquor License for a new convenience store associated with their convenience filling station to be located 950 W. Geneva Road. Mr. Jeff Staffeldt, Regional Manager for Thorntons, who was in attendance via Zoom, described the application for the Board and stated that Thorntons will comply with all of the requirements of the Class S Liquor License classification. In response to a question about Thorntons' liquor sales training procedures, Mr. Staffeldt reviewed the policies and procedures with the Commission. Hearing no further questions or comments, Commissioner Whitmer moved and Commissioner Taylor seconded a motion to recommend to the Council that a Class S Liquor License be issued to Thorntons LLC d/b/a Thorntons #363, 950 W. Geneva Road. On a roll call vote, all voted aye. Application for a Class M Liquor License – The PRIDE Stores, Inc. d/b/a 93 Octane Filling Station – 206 N. Main Street Mr. Kozik stated that The PRIDE Stores, Inc. d/b/a 93 Octane Filling Station has submitted an application for a Class M liquor license (retail beer, ale, wine shop) to be located in a space previously used as a business and professional office at 206 N. Main Street. Mr. Mario Spina, contract purchaser of the subject property and applicant and attorney John Conway were in attendance. WHEATON LIQUOR CONTROL COMMISSION MEETING December 12, 2024 Mr. Kozik stated that a 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. Mr. Kozik stated that premises issued or granted a Class M liquor license shall be subject to six conditions. Mr. Kozik further stated that Section 6-85(b) of the Wheaton City Code - Restrictions to issuance, reads that “No liquor license shall be issued for the sale at retail of any alcoholic liquor within 100 feet of any church, school, hospital, home for the aged or indigent persons. The distance of 100 feet shall be measured between the nearest parts of any such building and the building which is the subject of any application for a liquor license, provided that this prohibition shall not apply to places of business where the sale of alcoholic liquors is not the principal business carried on.” Mr. Kozik stated that based on information from the City’s GIS software, the distance between the nearest part of Gary Memorial Church and the building which is the subject property, is approximately 83 feet. Mr. Conway stated that in his opinion, the fact that a Class M license is needed to sell liquor does not mean that it is the “primary purpose.” Mr. Conway stated that all of the various types of liquor license are for the purpose of selling liquor and this does not necessarily equate the sale of liquor as the “principal” or “primary” purpose. Mr. Conway stated that the fact that the Code includes this language regarding the 100 foot prohibition (“shall not apply to places of business where the sale of alcoholic liquors is not the principal business carried on”) cannot be overlooked and the exception exists for a purpose and is a tenet of statutory construction. Mr. Spina stated that his proposed business will function more as a restaurant than a retail store. In response, Mr. Kozik stated that the “principal business carried on” at a Class M licensee is the sale of alcoholic liquor and that no food service of any kind is required under the Class M license classification. Mr. Kozik stated that given the fact that the applicant is providing a full kitchen with several tables to lend credence to his argument that the principal business carried on at his proposed establishment is more of restaurant than an alcohol retailer. Mr. Kozik stated that If indeed it is the case, the applicant should apply for a Class A or B liquor license. Doing so, however, would require a zoning variation to the number of parking spaces required for such a use (restaurant vs. retail). In conversations with the applicant, Mr. Kozik stated that he has expressed reluctance to do so. Members of the Commission discussed the proposed application and stated that clearly, the distance between the nearest part of Gary Memorial Church and the building which is the subject of the liquor license application where the sale of alcoholic liquors is the principal business carried on is approximately 83 feet, and that a liquor license cannot be issued to the applicant for a Class M liquor license at this location. 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 Whitmer seconded a motion to recommend that a Class M Liquor License not be issued to The PRIDE Stores, Inc. d/b/a 93 Octane Filling Station – 206 N. Main Street. On a roll call vote, all voted aye. WHEATON LIQUOR CONTROL COMMISSION MEETING December 12, 2024 V. ADJOURNMENT The meeting was adjourned at 7:46 P.M. Respectfully submitted, James P. Kozik, AICP Director of Planning and Economic Development