Peoria Standard

The city of Peoria Liquor Commission met Jan. 3 to review license applications.

Here are the meeting's minutes, as provide by the commission:

"The Liquor Commission reviews all applications for approval of sites proposed for retail sale of alcohol, and makes recommendations to City Council. This Committee meets on the 1st Monday of the month at 3:30pm at City Hall, 419 Fulton Street, Room 404."

MINUTES OF THE CITY OF PEORIA LIQUOR COMMISSION January 3, 2017

A meeting of the City of Peoria Liquor Commission was held in Room 404, City Hall, 419 Fulton Street, Peoria, Illinois, on January 3, 2017, Chairman Cassidy presiding, with proper notice having been posted.

ROLL CALL: Present: Chairman Cassidy; Commissioners: Camille Coates, Scott Kelsey, Mike Miller - 4; Absent: Mike O’Brien - 1.

Others present: Deputy Liquor Commissioner Eric Turner; Deputy Corporation Counsel Sonni Williams; Liquor Investigator Kevin Slavens; Senior Urban Planner Shannon Techie; Deputy Clerk Trina Bonds; concerned citizens and media.

I. CALL TO ORDER

Chairman Cassidy called the meeting to order at 3:30 p.m.

II. APPROVAL OF MINUTES

Commissioner Miller moved to approve the Minutes of the December 5, 2016, Liquor Commission Meeting, as outlined; seconded by Commissioner Coates.

Approved by roll call vote: Yeas: Cassidy, Coates, Kelsey, Miller - 4; Nays: None; Abstention: None.

III. LIQUOR SITE APPLICATIONS

Chairman Cassidy read the amendment to Section 3-57, which will be read at the beginning of every Liquor Commission Meeting.

“The Liquor Commission is a recommending body with respect to site approval. Our function is to determine if the location of an establishment is appropriate for the class of liquor license being requested and then make a recommendation to the City Council as to whether the application should be approved or denied. The City Council makes the final decision.

Under Section 3-57 of the Code of the City of Peoria any misrepresentation or false statement made to either this Commission or the City Council relating to the proposed business to be operated on the site can result in a denial of your liquor license; suspension and/or revocation of a license if already issued, and a fine of up to $1,000.”

LIQUOR COMMISSION - January 3, 2017

17-01 Cracked Pepper Catering & Bakery Inc.

d/b/a Thyme Kitchen & Craft Beer 736 SW Washington Requesting: Subclass 3A (sidewalk cafe)

The applicant was not present to provide public testimony.

After a brief discussion, Commissioner Miller moved to recommend deferral of Case No. 17-01, the Site Application to add a Subclass 3A (sidewalk cafe) to an existing Class B (restaurant, 50% food) Liquor License with a Subclass 8 (Private Functions on Public Property) and a Subclass 10 (Off Premise Catering -Private Functions) at 736 SW Washington, to the regularly scheduled February 6, 2017 Liquor Commission meeting; seconded by Commissioner Coates.

Approved by roll call vote. Yeas: Cassidy, Coates, Kelsey, Miller - 4; Nays: None.

17-02 Champs of Peoria Inc. d/b/a West Town Tap 515 N. Western Requesting: To change to a Class B (restaurant, 50% food)

Subclass 1A (2:00 a.m. closing - Thurs, Fri & Sat) Subclass 2 (live entertainment) Subclass 3A (sidewalk cafe)

Chris Herold, President & Owner, West Town Tap (formerly known as Champs West), presented a Site Application to change from a Class A (tavern) Liquor License, with a Subclass 2 (live entertainment) to a Class B (restaurant, 50% food) with a Subclass 1A (2:00 a.m. closing Thurs, Fri & Sat), a Subclass 2 (live entertainment), and a Subclass 3A (sidewalk café) at 515 N. Western.

In discussion with Chairman Cassidy, Mr. Herold said he wanted to serve breakfast, lunch and dinner with the proposed new class of liquor license. He said the new kitchen should be ready to go in the next couple weeks. He said the sidewalk café would be a very small 320 sq. ft. area in front of the building with an entrance off the dining room. He went on to say that he wanted to be able to serve customers outside during the nicer months. He said he was aware that customers had to be served by wait staff and everyone had to remain seated. He was also informed that amplified music would not be permitted outside. He said the outdoor area would be closed after dinner hours around 9:00 p.m.

In response to a question from Commissioner Miller, Mr. Herold said the public sidewalk would not be affected by the proposed sidewalk café. Senior Urban Planner Shannon Techie pointed out that the applicant had submitted a revised site plan for clarification. She said there was approximately 8 1/2 feet to allow for seating without impacting the existing sidewalk.

During further discussion with Commissioner Coates, Mr. Herold pointed out that patrons would enter the area from inside the establishment, but he said there would be an emergency exit if someone needed to get out.

Jamie Shilevinatz, Neighborhood Resident, expressed his concerns in regards to the noise from live music. He said in the warmer months the previous owner would open the doors and the sound could be heard down his street. He mentioned he had three small children and he said he did not want their sleep interrupted because of noise. He said he was more concerned with Thursday nights and he said he did not have a problem with Fridays and Saturdays. He went on to say that he did not have any huge issues with the new owner of this establishment.

Kevin Hill, Neighborhood Resident, said he lived directly adjacent to this business. He said his concerns were manifold. He said he doubted if people would not remain seated in the sidewalk area and he felt that there would be larger crowds in the area because of the live music. He mentioned his displeasure of comments made by the applicant after the first hearing where subclasses were denied. He commented that he felt the owner was not concerned with the residential area surrounding his business. He said he was not against the applicant having a business, but he said he wanted him to be a good neighbor.

In response to the comments, Chairman Cassidy pointed out that the tavern was an existing business and the applicant wanted to change from the Class A (tavern) to a Class B (restaurant) Liquor License, which would curtail some of the atmosphere at this establishment. He reiterated that the patrons had to remain seated in the sidewalk café area and he said the limited hours would also be helpful.

Mr. Herold agreed there had been previous discussions between him and Mr. Hill. He commented that the two of them probably would never be able to see eye-to-eye. He said his concern for the neighborhood was possibly higher than any other bar owner in the area. He went on to say that he knew that he would not be able to make everyone happy, but he said no one would try as hard as he would to do so.

Richard Hammond, Neighborhood Resident, asked for clarification of the parking space requirements for the establishment.

In response to Mr. Hammond’s question, Senior Urban Planner Shannon Techie reported that the Code had changed recently and she said there was no longer a minimum number of parking spaces required for this zoning district.

Mr. Hammond commented about the buffering from the residential and the business establishments in this area. He mentioned the unfavorable fragrance of the dumpsters from surrounding restaurants in the area in the middle of August. He said the request to change this establishment to a restaurant would make the fragrance even worse for the neighbor who lived adjacent to the property. He also expressed concerns about more traffic, noise and critter problems in the neighborhood.

Mary Venzon, Neighborhood Resident, wanted to know why Mr. Herold needed the extra hours for this establishment.

In response to Ms. Venzon’s question, Mr. Herold said the guests that left his establishment at that time of night typically would head to the different businesses in West Peoria because they were permitted to stay open later. He said he would rather keep that three hours of revenue for his business.

During more discussion, Ms. Venzon said she had lived in this neighborhood for 23 years and she said she did not want any more problems than they already had.

Senior Urban Shannon Techie stated in regards to the Community Development comments relating to the sign, the applicant failed to comply with the requirement that the sign be removed because it was non-conforming. She said the existing freestanding sign needed to be reduced to 5 feet in height or removed before a new class of liquor license was issued for the site.

Mr. Herold said he was aware of the requirement, but he said he had discussed the matter with Councilman Grayeb to either obtain a variance for this issue or for it to be put on the City Council Agenda for further discussion. He said currently there were larger signs in the area that were much taller than his sign.

In response to Mr. Herold’s comments, Senior Urban Planner Techie said the item would not need to be a separate issue and she said one option would be for the applicant to request a variance and to go before the Zoning Board of Appeals to get approval for the sign to remain.

Chairman Cassidy said he appreciated the neighbors coming forward and he thanked them for attending the meeting and expressing their concerns. He said pertaining to this particular case where there was an existing tavern, the request to change from a Class A (tavern) to a Class B (restaurant) would only help the neighborhood. He said hopefully the establishment would be more of a family friendly environment and a positive for the neighborhood.

Hearing no more questions, Chairman Cassidy called for the motion.

For clarification, Deputy Corporation Counsel Williams asked the Commission to vote on each item separately.

Commissioner Kelsey moved to recommend approval of the Site Application to change from a Class A (tavern) Liquor License to a Class B (restaurant, 50% food), contingent upon the compliance with the Community Development Department’s requirements in regards to the freestanding sign; seconded by Commissioner Coates.

Approved by roll call vote. Yeas: Cassidy, Coates, Kelsey, Miller - 4; Nays: None.

Commissioner Kelsey moved to recommend approval of the request to add a Subclass 1A (2:00 a.m. hours - Thurs, Fri & Sat), contingent upon the compliance with the Community Development Department’s requirements in regards to the freestanding sign; seconded by Commissioner Coates.

Approved by roll call vote. Yeas: Cassidy, Coates, Kelsey, Miller - 4; Nays: None.

Commissioner Kelsey moved to recommend approval of the request to add a Subclass 3A (sidewalk café), contingent upon the compliance with the Community Development Department’s requirements in regards to the freestanding sign; seconded by Commissioner Miller.

Approved by roll call vote. Yeas: Cassidy, Coates, Kelsey, Miller - 4; Nays: None.

Chairman Cassidy stated this recommendation would be heard at the City Council Meeting to be held on Tuesday, January 24, 2017, at 6:00 p.m. and a representative of this establishment should be present at that meeting.

17-03 Stockyards Tavern Inc.

d/b/a Dixie Rose Country Rock Cabaret 104 South St. Requesting: Subclass 2 (live entertainment)

Jessica Miller, Owner, Dixie Rose Country Rock Cabaret, presented a Site Application to add a Subclass 2 (live entertainment) to an existing request for a Class A (tavern) Liquor License, with a Subclass 1A (2:00 a.m. closing) at 104 South Street.

In discussion with Chairman Cassidy, Ms. Miller said they needed to add to their existing request the Subclass 2 (live entertainment) for the disc jockey (DJ) and the girls.

For the record, Deputy Corporation Counsel Williams pointed out that the actual Site Approval Application was deferred and still pending before the City Council. She said the Subclass 2 request would not have any bearing if the original application was denied by the City Council on January 13, 2017.

Hearing no more questions, Chairman Cassidy called for the motion.

Commissioner Miller moved to recommend approval of the request to add a Subclass 2 (live entertainment) to an existing request for a Class A (tavern) Liquor License, with a Subclass 1A (2:00 a.m. closing) at 104 South Street; seconded by Commissioner Coates.

Approved by roll call vote. Yeas: Cassidy, Coates, Kelsey, Miller - 4; Nays: None.

IV. UNFINISHED BUSINESS

Discussion and Approval of Commission’s Rule Regarding Procedure When the Applicant Fails to Appear.

Deputy Corporation Counsel Williams outlined the following factors for the Commission to consider:

1. APPEARANCE:

An applicant for site approval or for extension of site approval for newly approved site must appear before the Liquor Commission on the scheduled hearing date and failure to appear at the hearing without prior notification may be a cause for the recommendation of denial of such application.

2. FAILURE TO APPEAR:

If an applicant for site approval fails to appear at the hearing without prior notification to staff, the Commission may defer the matter until the following regular Commission meeting, recommend the denial of the application, or take any other actions that the Commission deems fit. If any objectors to the application for the site approval appear and request the Commission to take their objections for the record, the Commission will allow such statements to be taken for the record and continue the matter to the next regular Commission meeting.

If the applicant fails to appear at the subsequent regular Commission, the Commission will recommend denial of the site application.

3. RECONSIDERATION:

Only in cases in which the application for site approval was recommended for a denial for failure to appear, the applicant may request the Liquor Commission to reconsider its recommendation only upon a written request submitted to the City Clerk within 7 days after the date of original hearing and the Commission may consider whether the extenuating circumstances for failure to appear without prior notification warrant reconsideration of the denial recommendation.

In discussion among the Commission and Staff, it was decided that a few minor changes were needed to Item No. 3 in regards to an applicant’s request for reconsideration. The Liquor Commission agreed that the applicant should be able to request the Commission to reconsider its recommendation only upon written request submitted to the City Clerk within 7 days after the recommendation of a denial instead of within 7 days after the date of the original hearing. The Commission said the new rules would be effective immediately.

Commissioner Miller moved to adopt the new City of Peoria Liquor Commission Rules and Regulations, as amended; seconded by Commissioner Coates.

Approved by roll call vote. Yeas: Cassidy, Coates, Kelsey, Miller - 4; Nays: None.

V. NEW BUSINESS

There was no new business to discuss.

VI. NEXT SCHEDULED MEETING

The next scheduled regular meeting of the Liquor Commission is Tuesday, February 6, 2017.

VII. ADJOURNMENT

Commissioner Coates moved to adjourn the meeting; seconded by Commissioner Miller.

Approved by viva voce vote.

The Liquor Commission Meeting adjourned at 4:13 p.m.

_____________________________ Deputy Clerk II Commission Secretary