Peoria Standard

City of Peoria Liquor Commission met March 4.

Here are 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 4, 2024, Chairwoman Coates presiding, with proper notice having been posted.

ROLL CALL:

Present: Chairwoman Camille Coates; Commissioners: Arius Hounwanou; Scott Jordan, Timothy Spears, Paul Winkler - 5;

Absent: None

Others present: Liquor Investigator Rick Linthicum; Fire Engineer Charlie Perrin; Building Safety Manager Rich Storm; Assistant City Attorney Michael Toren; Economic Development Manager Debbie VanSickle; Chief Deputy City Clerk Trina Bonds; media and concerned citizens.

I. CALL TO ORDER

Chairwoman Coates called the meeting to order at 3:30 p.m.

II. APPROVAL OF MINUTES

Commissioner Spears moved to approve the Minutes of the January 2, 2024, Liquor Commission Meeting, as outlined; seconded by Commissioner Jordan.

III. Approved by roll call vote:

Yeas: Coates, Hounwanou, Jordan, Spears, Winkler - 5;

Nays: None;

Abstention: None.

LIQUOR SITE APPLICATIONS

Chairwoman Coates 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

Case: 24-01

Matilda's Cocktail Lounge, LLC d/b/a Matilda's

100 State St., Suite 1A

Requesting:

Class B-1 (Restaurant, 25% Food)

Subclass 1A (2:00 A.M. Closing Hours)

Subclass 3 (Beer Garden)

Whitney Calvert, Owner, Matilda's Cocktail Lounge, Inc., and Pat Sullivan, Property Owner, JP Companies, presented a request for a Class B-1 (Restaurant, 25% food) Liquor License, with a Subclass 1A (2:00 a.m. closing hours) and a Subclass 3 (beer garden) at 100 State St., Suite 1A.

In discussion with Chairwoman Coates, Ms. Calvert briefly described her request for the Commission. She stated her establishment would be a Vintage 75 bar with food. She noted there would be shared plates, couches, lowered tables, and booths. She went on to say the food would include charcuterie boards, shrimp cocktails, breads and dips. She stated they wanted to serve beer and wine, as well as specialized classic cocktails.

In response to a question from Commissioner Jordan, Ms. Calvert confirmed the location was formerly known as 8-Bit Bar.

There being no further questions or comments, Chairwoman Coates called for a motion.

Commissioner Winkler moved to approve the request for a Class B-1 (Restaurant, 25% food) Liquor License, with a Subclass 1A (2:00 a.m. closing hours) and a Subclass 3 (beer garden) at 100 State St., Suite 1A; seconded by Commissioner Hounwanou.

Motion Approved by roll call vote:

Yeas: Coates, Hounwanou, Jordan, Spears, Winkler - 5;

Nays: None;

Abstention: None

Chairwoman Coates stated this recommendation would be heard at the City Council Meeting to be held on Tuesday, March 26th, 2024, at 6:00 p.m.

Case: 23-16

The New Peoria Puff, Inc. (1ST REQUEST FOR 6-MO EXT.)

d/b/a The Neon Bison

617 Main St. (Moving from 514 Main St.)

Requesting to Move:

Class A (Tavern)

Subclass 1 (4:00 A.M. Closing Hours) Subclass 2 (live entertainment)

It was determined there was no one present to provide public testimony regarding the request.

During a brief discussion, Chairwoman Coates commented in relation to the request for an extension, she said she wanted to see some progress on the project rather than just renderings. Commissioners agreed photos should be submitted for their review.

Assistant City Attorney Toren provided options for the Commission. He remarked they could defer the request or vote it up or down.

Economic Development Manager Debbie VanSickle confirmed the City of Peoria's Economic Development Department was currently in the process of working on a Redevelopment Agreement (RDA) for the subject establishment.

After brief comments, Commissioner Jordan moved to defer the request for a 6-month extension of the Site Approval for 617 Main St. to the regularly scheduled April 1, 2024 Liquor Commission meeting; seconded by Commissioner Hounwanou.

Case: 24-02

Motion to defer Approved by roll call vote:

Yeas: Coates, Hounwanou, Jordan, Spears, Winkler - 5;

Nays: None;

Abstention: None

The New Peoria Puff, Inc.

d/b/a The Neon Bison

617 Main St. (Moving from 514 Main St.)

Requesting:

Subclass 3 (Beer Garden) – Outdoor Dining Pilot Program

It was determined there was no one present to provide public testimony regarding the request.

Commissioner Jordan moved to defer the request for the addition of a Subclass 3 (beer garden) at 617 Main St.; seconded by Commissioner Winkler.

Case: 24-03

Motion to defer Approved by roll call vote:

Yeas: Coates, Hounwanou, Jordan, Spears, Winkler - 5;

Nays: None;

Abstention: None

JSS Peoria, Inc.

d/b/a Kickback on Fulton

456 Fulton, Suite 105

Requesting:

Subclass 3 (Beer Garden)- Outdoor Dining Pilot Program

It was determined there was no one present to provide public testimony regarding the request. Both Commissioner Members and Staff again expressed their concerns regarding no one being present to speak regarding the request.

Liquor Investigator Linthicum commented about the Pilot Program and he said he Fire Engineer Perrin commented about the drawings that were submitted for the Pilot Program. He said they needed to make sure they were Code compliant. He pointed out there were egress issues that needed to be addressed.

Economic Development Manager Debbie VanSickle clarified they had worked with a third party on the infrastructure, and she remarked the drawings were drawn by them. She explained the City had offered four different locations an opportunity to participate in the Outdoor Dining Pilot Program. She said they had worked with the Public Works Department on the different locations. She noted the City would maintain ownership of the fencing at those specific locations and she said they would be interchangeable and could be adjusted.

In more discussion, the Commission and Staff expressed concerns that the Pilot Program was already approved by the City Council, and they were not included as part of the process of determining the specifics beforehand related to Code compliance for liquor subclasses.

After discussion, Commissioner Hounwanou moved to defer the request for the addition of a Subclass 3 (beer garden) at 456 Fulton, Suite 105; seconded by Commissioner Jordan.

Motion to defer Approved by roll call vote:

Yeas: Coates, Hounwanou, Jordan, Spears, Winkler - 5;

Nays: None;

Abstention: None

IV.

OLD BUSINESS

LIQUOR SUBCLASS 2 INTERPRETATION BY THE LEGAL DEPARTMENT

Assistant City Attorney Toren explained there was some confusion regarding the Subclass 2 (live entertainment). He said several liquor applicants had expressed concerns about the requirement that establishments take out a Subclass 2 for any background music rather than just for live entertainment. Some liquor licensees noted an increase in liquor liability insurance rates because of the added subclass even though they did not have any live performances/bands. He said in conclusion, the noise ordinance would provide sufficient recourse for loud music nuisances and protect residents from overly loud late- night music, whether live entertainment or background music. He said there was a valid policy rationale for requiring a Subclass 2 to control noise. He recommended permitting licensees who wished to play code-compliant background music without any plans for live entertainment to drop the Subclass 2.

Discussion was held among Commissioners and Staff. Building Safety Manager Storm questioned if there was something noted or building language in the Code related to building elements. He commented some establishments could come forward stating they did not have live music, but they had a stage present. Liquor Investigator commented obviously, some were interested in saving money towards insurance premiums. He remarked he did not feel establishments would jeopardize their liquor license by dropping the subclass.

V. NEW BUSINESS

COMMISSION REQUEST FOR LEGAL DEPT. CLARIFICATION ON SITE APPROVAL EXTENSIONS

Chairwoman Coates remarked the Commission needed clarification from the Legal Department regarding requested extensions for Site Approvals. She questioned how many extensions should be granted and if they should be required to come back before the Liquor Commission.

In response, Assistant City Attorney Toren remarked extensions were controlled by Code Section 3-97 (b). He said the language in that section was somewhat ambiguous. He outlined the following from the Code:

(b) .The liquor commission shall have the authority, without approval of the city council, to extend the time for commencing the service of alcoholic liquors for a period not to exceed six months...

Assistant City Attorney Toren said his interpretation was that the Commission could continue doing six-month extensions. He went on to say Corporation Counsel's view was that the City Council needed to be involved after the first six-month extension had been granted by the Liquor Commission. He said going forward after the first six-month extension, additional requests would need to go before the City Council for their review.

After a lengthy discussion, the Commission decided the City Clerk's Office would inform applicants after their first six-month extension had been granted by the Liquor Commission, any subsequent requests would need to be reviewed by the City Council for their approval.

OUTDOOR DINING PILOT PROGRAM DISCUSSION

Liquor Commissioner Jordan expressed he needed more clarification regarding the Outdoor Dining Pilot Program. He mentioned a specific liquor establishment who would be a part of the program and he asked where the outdoor cafe would be located. He specifically wanted to know if it would be located on the street or if they would be using the sidewalk in front of the bar or the parking lane.

In response, Economic Development Manager Debbie VanSickle clarified they would be using the sidewalk area. She said the pedlets (walkway) going into the street would be for pedestrians to walk, so that it allowed for the ADA compliance for the fenced in sidewalk cafes. She remarked there would be planter boxes for barricades on each end of the pedlets because it was in the road (parking spots).

In more discussion, Commissioner Jordan mentioned his concerns regarding 4 a.m. bars on Main Street, and he wanted to know if there would be limited closing hours for the outdoor cafes to be open. Economic Development Manager VanSickle explained their intention was after the draft guidelines were put together, she said they would share them with the appropriate departments to obtain feedback to be added to the agreement with those particular establishments. After brief comments, Liquor Investigator Linthicum commented it would be in their best interest to limit the times those outdoor dining cafes would be open.

In response to a question from Chairwoman Coates regarding additional outdoor dining cafes as part of the Pilot Program, Economic Development Manager VanSickle reported they were currently using ARPA funds, so they were going to see how it played out before expanding the program.

In closing, the Liquor Commission requested a report back regarding the specific questions and concerns related to the Outdoor Dining Pilot Program.

VI. CITIZEN'S OPPORTUNITY TO ADDRESS THE LIQUOR COMMISSION

There were no citizens who wished to address the Liquor Commission.

VII. NEXT SCHEDULED MEETING

The next regularly rescheduled meeting of the Liquor Commission is Monday, April 1, 2024.

VIII. ADJOURNMENT

Commissioner Winkler moved to adjourn the meeting; seconded by Commissioner Spears.

Approved by viva voce vote.

The Liquor Commission Meeting adjourned at 4:19 p.m.

https://il-peoria.civicplus.com/AgendaCenter/ViewFile/Minutes/_03042024-584