Peoria Standard

City of Peoria Liquor Commission met March 5.

Here is the minutes provided by the Commission:

A meeting of the City of Peoria Liquor Commission was held in Room 404, City Hall, 419 Fulton Street,

Peoria, Illinois, on March 5, 2018, Chairman Miller presiding, with proper notice having been posted.

ROLL CALL:

Present: Chairman Miller; Commissioners: Drew Cassidy, Camille Coates (arrived @ approximately 3:32 p.m.), Steve Kouri II, Michael O’Brien - 5;

Absent: None.

Others present: Deputy Liquor Commissioner Eric Turner; Assistant City Attorney Melodi Green; Liquor Investigator Kevin Slavens; Fire Engineer Charlie Perrin; Deputy Clerk Trina Bonds; concerned citizens and media.

I. CALL TO ORDER

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

II. APPROVAL OF MINUTES

Commissioner Cassidy moved to approve the Minutes of the November 6, 2017, Liquor Commission Meeting, as outlined; seconded by Commissioner O’Brien.

Approved by roll call vote:

Yeas: Cassidy, Kouri, Miller, O’Brien - 4;

Nays: None;

Abstention: None.

III. LIQUOR SITE APPLICATIONS

Chairman Miller 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.”

Commissioner Coates arrived in Room 404.

18-01 Almost Home Wine & Liquors, LLC

d/b/a Almost Home

6818 N. Frostwood Parkway

Requesting: Class C-1 (packaged goods)

Corey Hunter, Owner, presented a Site Application for a Class C-1 (packaged goods) Liquor License at 6818 N. Frostwood Parkway

In discussion with Chairman Miller, Mr. Hunter said they were planning an upscale wine and liquor establishment. He said the name “Almost Home” had everything to do with their business. He said their main priority would be safety and comfort. He said he had presented his business plan to investors and they agreed with his plan and he said they thought it was a great idea.

During discussion in regards to the proposed location, Chairman Miller pointed out that the Commission had received feedback from neighboring property owners and tenants. Mr. Hunter took a moment to review copies of the feedback that was submitted.

Chairman Miller said property owners were concerned about the negative impact that a liquor store would have on their property values and their neighborhood. In response to the feedback received, Mr. Hunter said he had conducted a survey by mail on his own and he said he received good feedback from the neighborhood. He said that was the reason he moved forward with the request. He said they had not planned to be open too early or too late in respect for the neighborhood, but he said he was unclear on what their hours of operation would be. He went on to say that he would not do any major changes to the building. He said he would be on hand at all times and he said he would be very strict when hiring employees for this establishment. He reported that he had planned to have his mother to help him with the business because she had experience with the retail sale of alcohol.

Retired Peoria Police Officer Scott Jordan, who said he had an interest in the condominiums located adjacent to the proposed site, spoke in opposition of the request and he said many of the comments made by the applicant as far as who would be hired, how the establishment would be run, etc. were irrelevant when it pertained to the site approval. He said the Commission was responsible for determining if the proposed site was appropriate for a liquor store. He mentioned the proximity to the residential neighborhood and he said this particular site in question was not a good location. He mentioned the number of other licensed liquor establishments that were already present in the vicinity and he specifically referenced another standalone liquor store that had negatively impacted a neighborhood nearby. He commented that the applicant might be a great owner, but once the site was approved, it would remain approved and could potentially cause harm to the neighborhood in the future.

In response to Mr. Jordan’s comments, Mr. Hunter explained his reasoning for wanting to put a liquor store in this private neighborhood. He said he would be willing to provide the positive feedback he had received from his survey to the neighborhood.

Deshawnda Causey, neighboring business owner, spoke in opposition of the request. She said for the past six years she has owned the salon next door to this proposed site. She mentioned the safety of the younger clientele that she served and she expressed her concerns about having this type of establishment nearby. She commented that the applicant currently had a marketing business in this center, which she was already skeptical of.

Felisa Durr, neighboring business owner, spoke in opposition of the request. She said for the past five years her business had offered educational resources, classes, and t-shirts to adults and children at this location. She then reported that Frostwood Candy Shop, which catered to young children in the neighborhood, was also located within her business. She said she opposed the liquor establishment because they needed to maintain a safe and wholesome location where families felt safe.

Ken Yankley, representing the owner of the building, said they did not allow people to congregate outside of the building. He said as far as safety, he would much rather someone stop to pick up liquor and take it home, rather than have someone remain at an establishment getting drunk all day. He said that was a lot more dangerous. He said they were in somewhat of a catch-22 because of the opposition of the neighboring business owners, but he said they were in favor of the request.

In response to comments from neighboring business owners, Mr. Hunter said they had planned to add more lighting and also a surveillance system for the safety of the neighborhood. He said they would not be selling single cans of beer or anything of that nature. He said they did not feel the establishment would bring too much of a bad crowd to the area. He went on to say that they understood the concerns stated in regards to alcohol around children. He further stated that they felt the restaurant nearby was more of a danger due to alcohol being consumed on site.

In discussion with Commissioner Coates in regards to the hours of operation, Mr. Hunter said he really wanted neighborhood input as far as their business hours. He then said they would consider to be open from 10:00 a.m. to 12:00 a.m. on weekdays and from 10:00 a.m. to 1:00 a.m. on the weekends. He said once approved, they wanted to open the establishment after doing some minor changes to the interior of the site.

Liquor Investigator Slavens gave a brief overview of the Police Department’s recommendation to deny the request. He said they had concerns about this location and the effects of a liquor store that sold packaged alcoholic beverages. He said they did not believe that there was an economic need, nor community desire for another liquor store in this area of town. He said once a location had been site approved, it could potentially be extremely difficult to revoke.

Fire Engineer Charlie Perrin said the business would be required to meet all applicable fire and life safety codes prior to occupancy.

In closing, Commissioner Cassidy stressed the previous comments made in regards to site approval. He said the Commission was concerned about whether this would be a suitable site for this particular request. He commented about the many statements of opposition that were received and he said the only person who spoke in favor had a financial interest. He went on to explain why he could not support the site approval request at this particular location.

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

Commissioner Cassidy moved to recommend denial of the Site Application for a Class C-1 (packaged goods) Liquor License at 6818 N. Frostwood Parkway; seconded by Commissioner Kouri.

Motion to deny Approved by roll call vote. Yeas: Cassidy, Coates, Kouri, Miller, O’Brien - 5; Nays: None.

Chairman Miller stated this recommendation would be heard at the City Council Meeting to be held on Tuesday, March 27, 2018, at 6:00 p.m. and a representative of this establishment should be present at that meeting.

18-02 Portillo’s Hot Dogs, LLC

d/b/a Portillo’s

4412 N. Rockwood

Requesting: Class G-B (beer & wine only)

Sarah Mancilla, General Manager, presented a Site Application for a Class G-B (beer & wine only restaurant) Liquor License at 4412 N. Rockwood.

In discussion with Chairman Miller, Ms. Mancilla reported that she had been General Manager for Portillo’s for the past ten years. She said they had anticipated taking possession of the building on the 30th of March. She said they would be giving away free meals and she said they had also planned a soft opening. She said there would be a grand opening on April 30th. She said their hours of operation were from 10:30 a.m. to 10:30 p.m. Sunday thru Thursday, and 10:30 a.m. to 11:00 p.m. on Friday and Saturday.

During discussion in regards to the Class G-B (beer & wine only restaurant) request, Ms. Mancilla explained they were planning to serve three types of draft beer and she said they would also serve individual portions of wine that they would pour into a cup. She said beer and wine was only a small portion of their sales.

In response to more questions from Chairman Miller, Ms. Mancilla referred to the diagram and she gave a brief overview of the beer garden area. She explained that the area would be located in the front of the building and she said it would be closely monitored by trained Staff.

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

Commissioner O’Brien moved to recommend approval of the Site Application for a Class G-B (beer & wine only restaurant) Liquor License, with a Subclass 3 (beer garden) at 4412 N. Rockwood, contingent upon the issuance of a Certificate of Occupancy; seconded by Commissioner Coates.

Approved by roll call vote. Yeas: Cassidy, Coates, Kouri, Miller, O’Brien - 5; Nays: None.

Chairman Miller stated this recommendation would be heard at the City Council Meeting to be held on Tuesday, March 27, 2018, at 6:00 p.m. and a representative of this establishment should be present at that meeting.

18-03 Rumbergers Inc.

d/b/a Rumbergers

3127 N. Prospect

Requesting: To change from a Class G-B (beer & wine only restaurant) to a Class B (restaurant, 50% food)

Rumbergers Inc. d/b/a Rumbergers Bar & Grill

500 Main Requesting: Class B (restaurant, 50% food)

Subclass 3A (sidewalk café)

Tremayne Branch, Owner, presented a request to change from a Class G-B (beer & wine only restaurant) to a Class B (restaurant, 50% food) Liquor License and a Site Application for a Class B (restaurant, 50% food) Liquor License, with a Subclass 3A (sidewalk café) at 500 Main St.

In discussion with Chairman Miller, Mr. Branch said he wanted to move his liquor license from the Prospect location to downtown, which he was currently in the process of remodeling. He said he planned to also keep the business operating on Prospect Road, but without alcohol and without video gaming. He explained that his current business was approximately 90% restaurant food, but he said he wanted to proceed with a Class B Liquor License at the new location. He reported that the sidewalk café area would be redone in the spring. He further stated that he planned to open the new establishment by March 14th.

A brief discussion was held in regards to the request. For clarification, Ms. Bonds explained the reasoning for the applicant’s request to change from his current Class G-B (beer & wine only) Liquor License was to accommodate the site approval request for a Class B (restaurant, 50% food) Liquor License at 500 Main.

In more discussion, Chairman Miller, along with other Commissioners, expressed that they would be more comfortable with requiring that the Prospect Road site continue to be site approved for a Class G- B (beer & only restaurant) Liquor License classification.

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

Commissioner Coates moved to recommend approval of the request to change from a Class G-B (beer & wine only restaurant) to a Class B (restaurant, 50% food) and the Site Application for a Class B (restaurant, 50% food) Liquor License, with a Subclass 3A (sidewalk cafe) at 500 Main, contingent upon the issuance of a Certificate of Occupancy and with the stipulation that the 3127 N. Prospect location remain site approved for a Class G-B (beer & wine only restaurant); seconded by Commissioner O’Brien.

Approved by roll call vote. Yeas: Cassidy, Coates, Kouri, Miller, O’Brien - 5; Nays: None.

Chairman Miller stated this recommendation would be heard at the City Council Meeting to be held on Tuesday, March 13, 2018, at 6:00 p.m. and a representative of this establishment should be present at that meeting.

18-04 F.A.S.T. Inc.

d/b/a Double A’s

7716 N. US Route 91 (moving license from 7301 N. Radnor Road)

Requesting: Class B (restaurant, 50% food)

Subclass 2 (live entertainment) Subclass 3 (beer garden)

The applicant was not present to provide public testimony.

Commissioner Cassidy moved to defer the request for 30 days until the next regularly scheduled meeting; seconded by Commissioner O’Brien.

During a brief discussion, Ms. Bonds said if the request were deferred for one month, it could potentially cause an issue for the applicant due to his projected opening date. She pointed out that the applicant wanted to move and open his new location possibly in April.

After conferring with Deputy Liquor Commissioner Turner, the Commission decided it would be appropriate to act on the request for site approval and then decided to reconsider.

Commissioner Cassidy withdrew his previous motion to defer; Commissioner O’Brien also withdrew his second.

Hearing no more questions or discussion, Chairman Miller called for a motion.

Commissioner Cassidy moved to recommend approval of the Site Application for a Class B (restaurant, 50% food) Liquor License, with a Subclass 2 (live entertainment) and a Subclass 3 (beer garden) at 7716 N. US Route 91, contingent upon compliance with all building permit requirements; seconded by Commissioner O’Brien.

Approved by roll call vote. Yeas: Cassidy, Coates, Kouri, Miller, O’Brien - 5; Nays: None.

Chairman Miller stated this recommendation would be heard at the City Council Meeting to be held on Tuesday, March 13, 2018, at 6:00 p.m. and a representative of this establishment should be present at that meeting.

18-05 Cyd’s Sendsationals, Ltd.

d/b/a Cyd’s Gourmet Kitchen

5805 N. Knoxville (moving license from 5901 N. Prospect, Suite 5A)

Requesting: Class B (restaurant, 50% food)

Subclass 3 (beer garden)

Emily Cotton & Cyd Henricksen, Owners, presented a Site Application for a Class B (restaurant, 50% food) Liquor License, with a Subclass 3 (beer garden) at 5805 N. Knoxville.

In discussion with Chairman Miller, Ms. Cotton confirmed that they recently closed the Prospect Road location and were moving to the former Donovan Park Clubhouse. She said they were hoping to open the lower level in mid-April and she said they wanted to open the full-service restaurant, including the beer garden area, later in May.

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

Commissioner Cassidy moved to recommend approval of the Site Application for a Class B (restaurant, 50% food) Liquor License, with a Subclass 3 (beer garden) at 5805 N. Knoxville, contingent upon the issuance of a Certificate of Occupancy; seconded by Commissioner Coates.

Approved by roll call vote. Yeas: Cassidy, Coates, Kouri, Miller, O’Brien - 5; Nays: None.

Chairman Miller stated this recommendation would be heard at the City Council Meeting to be held on Tuesday, March 13, 2018, at 6:00 p.m. and a representative of this establishment should be present at that meeting.

IV. NEW BUSINESS

THE TIME IS NOW – TOBACCO 21 PRESENTATION

Ms. Carolyn Cerf, Government Relations Director for the American Heart Association, thanked the Mayor and the Liquor Commission in advance for giving consideration of the Tobacco 21 (T21) Initiative for the City of Peoria. She said T21 was one of the American Heart Association’s top policy priorities, as they were trying to encourage prevention to the next generation of smokers. She gave an overview of the following information in regards to the T21 Initiative:

• New data from Chicago and Evanston both show that teen smoking fell by 37%+ since passing T21 in 2015.

o Similar benefits for our young people were seen when we raised the age for alcohol,

with high school binge drinking decreasing by nearly 25%, fatal car crashed by 60%, and 20,000 young lives saved o The data demonstrates that T21 works in our communities, and young people are not

simply seeking tobacco products in neighboring cities

• The retired Generals of Mission: Readiness have issued a letter supporting Tobacco21’s key to military readiness and national security. The Department of Defense has set a 2020 goal to eliminate tobacco from all US military installations.

• The economic case for Tobacco21 is clear

o Illinois residents bear an additional tax burden of $909 per household (state & federal) per year due to smoking-caused government expenditures o Illinois sees $5.27 Billion in smoking-caused productivity losses per year o Illinois incurs $5.49 Billion in health care costs directly caused by smoking per year,

including $1.9 Billion in Medicaid costs

• Tobacco 21 is a growing movement

o 14 Illinois cities have now passed T21 (Evanston, Chicago, Oak Park, Naperville, Highland Park, Deerfield, Maywood, Lincolnshire, Vernon Hills, Berwyn, Buffalo Grove, Elk Grove, Mundelein, and unincorporated Lake County)

o T21 is now a statewide law in 5 states (California, New Jersey, Hawaii, Oregon and Maine) plus Guam

o 290 municipalities across 19 states have adopted Tobacco 21, most recently, San Antonio, TX

Ms. Cerf introduced the following Coalition Members and each one of them provided a brief overview of their findings and facts in relation to raising the age of sale for tobacco to age 21.

• Katie Jones – Organizer of Peoria Healthcare Coalition and suicide prevention activist

• Shalonda Knox – AHA Illinois Advocacy Committee Member and lung nurse in cancer unit of OSF Unity Point hospital

• Carl Cannon – Sponsor of the Peoria County/Peoria Park District Reality Illinois youth group

• Malachi Hall – Richwoods High School student

• Monica Hendrickson – Peoria County Health Dept. Community Health Coordinator

• Dr. Rahmat Na’Allah – Illinois Academy of Family Physicians (IAFP) – was also present briefly, but she did not speak.

Deputy Liquor Commissioner Turner said he had met with the Mayor in regards to this initiative and he said the Mayor was totally supportive of it. He said the next step would be for the Legal Department staff to bring forward an ordinance to the City Council for their review.

After a brief discussion and comments, City Attorney Melodi Green said she would be reporting back to Corporation Counsel Donald Leist on the Mayor’s intentions for the T21 Initiative. She said the Legal Dept. would then draft an ordinance for the City Council’s review.

Commissioner Cassidy moved for the Liquor Commission to recommend that the City Legal Dept. move forward with drafting an ordinance for consideration by the City Council; seconded by Commissioner Coates.

Approved by roll call vote. Yeas: Cassidy, Coates, Kouri, Miller, O’Brien - 5; Nays: None.

After the vote, Former Liquor Investigator Scott Jordan commented that he was not opposed to the T21 Initiative, but he said he wondered how the 2% sales taxes that would be lost would affect the tax revenue for a City that was already budget challenged. He went on to say that he found it amusing that they were raising the tobacco smoking age to 21 at the same time there was discussion about legalizing recreational use of marijuana.

V. NEXT SCHEDULED MEETING

The next scheduled regular meeting of the Liquor Commission is Monday, April 2, 2018.

VI. ADJOURNMENT

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

Approved by viva voce vote.

The Liquor Commission Meeting adjourned at 4:43 p.m.

http://www.peoriagov.org/content/uploads/2012/11/Minutes-3-5-18_1522171042_add.pdf