Peoria Standard

The city of Peoria Liquor Commission met Jan. 3 to classify sites.

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

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

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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 ½ 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.

LIQUOR COMMISSION – January 3, 2017

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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.

LIQUOR COMMISSION – January 3, 2017

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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.

LIQUOR COMMISSION – January 3, 2017

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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:

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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.

LIQUOR COMMISSION – January 3, 2017

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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