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HomeMy WebLinkAbout3.4 First Reading of an Ordinance amending Chapter 13 - Irick Investments d/b/a Station 34 10/2/2019 BoardDocs®Pro IL Agenda Item Details Meeting Oct , 2019 REGULAR MEETINGI - . Category 3. MAYOR'S REPORT Subject . 1st reading n ORDINANCE AMENDING1 (ALCOHOLIC LIQUORS) OF THE VILLAGE . {This Ordinance will increase the number of Class F- 3-V licenses by ( ) IRICK INVESTMENTS LLC d/b/a STATIONdecrease the number f Class F-3 licenses y one (1) IRICK INVESTMENTS / / / STATION 34 located Main treet! Mount Prospect, IL Access lic Tye Action Public Content Information In January 2019 Mayor Juracek actingin her capacity as the MountProspect Local Liquor Commissioner, received a petition from owner Joe Irick, for a waiver of the requirement liquor licensee in continuous operation for no less than twelve months to obtain a video gaminglicense. Mr. Irick purchased whatwas known as Brick City Tavern in January s a turn key operation. Attached is Mayor Jur c 's response gr nin iver for the requirement. On September 16,, 2019, the Illinois Gaming Boardapproved tion 34 for a one-year video i license expiring September 2020. Staff from the Village Manager'sOffice and Community Development havevisited with Mr. Irick and met with the representative from the video gamingterminal operator to review the location and the site plan of the proposedi area. The attached submittal has been reviewed approved y the Villa is Office. The proposed video gaming layout includes five gaming machines and one payment/disbursement/atm machine. To limit the gaming area persons 21 years f age and older, a permanentpartition wall will be installed t separates the proposed gaming area from the other areas of the restaurant. The partition wall will "tall to helpobstruct the view of the gaming area while still allowing the gaming areamonitored y an employeeII times. No lighting r sounds from the gamingchines shall be visible or audible outsidethe gaming area. Restaurant front i s n will be rn too cr vision from the usi ain i ii the I yt the stfloor dining seatingarea to ensure the floor layout flows well and accommodatesegress. final inspection will be performedfor any work requiring r i r the installation of the video gamingdevices and prior to their use. It is the responsibility of the video gamingapplicant the gaming consultant to ensure that final inspection is scheduled with the Village. All necessary video monitoring equipment that complies with section 13.204.1 of the Village Code shall be installed nfunctioning the time of the final inspection. Approval of the video gamingevices by the State of Illinois dos not constitute approval by the local authority, Mount Prospect, until such time a final inspection is approved and a local license is paid Alternatives 1. Approve ordinance decreasing the number of Class - liquor licenses by one ( ) and increasing the number of Class - -V license by one (1). 2. Action at discretionill r . Staff Recommendation Both the business owner and proposedvideo gamingconsultant havecooperative and intend to comply with all Mount ros c ordinances recommends placement of five State approvedvideo gaming terminals and the change of liquor license classification from Class F-3 to Class - - . https://go.boarddocs.com/il/vomp/Board.nsf/Private?open&login 1/2 10/2/2019 BoardDocs®Pro Waiver . layout.pdf (582 KB) Station i i . Application.pdf (313 KB) Administrative Content Executive Content Please see correspondence letters to the Mayor from Mr. Irick requesting ivr of the 1-year waiting period. Also attached is the Gaming contract. Wavier E-mail additional information.pdf Contract . pdf (129 KB) Motion &Voting (not specified) Motion y Colleen Saccotelli, second y Paul Hoefert. Final Resolution: Motion Carries Yea: William Grossi, Eleni Hatzis, l Hoefert, Richard Rogers,, Colleen Saccotelli,, Michael Zadel https://go.boarddocs.com/il/vomp/Board.nsf/Private?open&login 2/2 Arlene A. Juracel Phone: 847/392-+6000 j€ MaCir �� i� �a Y x: 847/392-6022 'V Village of Mount Prospect OFFICE OF THE MAYOR 50 South Emerson Mount Rrospect, Illinois 60056 www.mountprospect.org Joe Irick Station 34 34 S. Main Street Mount Prospect, IL, 60056 March 2 , 2019 Dear 1'" r. Irick.- Please rickPlease be advised that in my capacity as the Mount Prospect Local Liquor Control. Commissioner ("Commissioner"),I a.m in receipt of and have carefully considered the petition.of Station 34 L LC d/b/a Brick City Tavern ("Petitioner"), for a waiver of the requirement that a licensee be in continuous operation for no less than twelve(12)months at the time that an app li.cation for a video gaming liquor license is filed. For the following reasons, I hereby grant Petitioner's request for a pier pursuant to Section 1.3.204.1(J)(6) of the Village Code. Legal. Standard Section 13.204.1(J) of the Village Code requires that an establishment be inood standing with g g the Village for no less than one year prior to filing an application for a liquor license that permits video gaming. To be in "good standing" a licensee shall, amongst other requirements, be in continuous operation under a liquor license for on the premises consumption for no less than. twelve (1.2) months at the time of application filing. However, pursuant to Section 1.3.2041(J)(6) of the Village Code, the Commissioner has the authority to -waive this requirement upon a petition by an applicant demonstrating that the twelve (12)month requirement is not necessary. Findings of Fact In January 2019, the Petitioner submitted a petition to the Commissioner for waiver of the twelve (12) month requirement. With respect to the petition, the Commissioner finds as follows. 1. The Petitioner is from Illinois and has relocated back to the Mount Prospect area after living in. California; 4143511 2. The Petitioner operates the Brick City Tavern, located at 34 S. amain Street, Mount Prospect, Illinois 60056 ("Licensed Premises"); . The Petitioner has held.a liquor license for a substantial period in the San Francisco area without issue; 4. Since returning the amount Prospect area, Petitioner has demonstrated a commitment to theVillage through his active involvement in community events, including joining the Chamber of Commerce and. supporting Village festivals; and 5. The Petitioner is invested in Mount Prospect and is planning significant improvements to Brick City, through which the village has been able to assess the Petitioner's business plan and determine that the business is financially viable independent of having a video gaming component to its business. Decision Based on the above f ndi .gs of fact, the P'etitioner's principal has demonstrated the ability to run a liquor-licensed establishment in. the village in a safe and responsible manner. Moreover, the Petitioner has demonstrated a commitment to running the business at the Licensed Premises that is primary to video gaming. Therefore,i,tie Petitioner's petition.for a waiver of the requirement that a licensee be in continuous operation for no less than. twelve 12 months at the time that an. application for a video gaming liquor license is filed is hereby granted.. 1 sere l y. 0 "' '9 r ene A. J ,I "al e Mayor 414351_1 f I' I T It k it (9� � IIIII Y WI 4, V n � T I J f \yJ� I� ^ r r may, uj �� r oX 1 r r I: J 40 CY) CL OL i V 9 rr y � �� {,gid �•M'~ i v i I 0 I u / I U J ! iFyf r i l F, r ... // / r 01 r / /i� ' "/ r J �e.�1J,�" '� //.% w+xw�wwarwwwm�wwww��w r i r u0 r 1, A///,' fl�Y f�0�df In f/'Y, r.r. 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ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 13 OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That in accordance with Subsection A of Section 13.108 of Chapter 13 of the Village Code of Mount Prospect, as amended, the Corporate Authorities shall determine the number of Liquor Licenses available in each Classification and shall establish a list specifying the number of Liquor Licenses authorized. Said list is hereby amended increasing the number of Class "F-3-V" Liquor Licenses by One (1) IRICK INCESTMENTS LLC D/B/A STATION 34 and deleting the number of "F-3" by One (1) IRICK INVESTMENTS LLC D/B/A STATION 34 located at 34 S. Main Street. Said list is as follows: Five (5) Class P-1 License Ten (10) Class P-2 License One (1) Class P-3 License Zero (0) Class P-4 License Zero (0) Class P-5 License Eleven (11) Class F-1 License Two (2) Class F-1-V License Eight(8) Class F-2 License Two(2) Class F-2-V License Nineteen (19) Class F-3 License Nine (9) Class F-3-V License One (1) Class F-4-V License Three (3) Class F-5 License Two (2) Class F-6 License One (1) Class F-7 License One (1) Class F-8 License One (1) Class S-1 License One (1) Class S-2 License Zero (0) Class S-31-icense Zero (0) Class S-41-icense One (1) Class S-5 License Three (3) Class S-6 License Zero (0) Class S-7 License One (1) Class S-8 License Zero (0) Class S-9(with conditions as Attached to License) SECTION TWO: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of Mayor ATTEST: Village Clerk Class Establishment Number P1 Balzano Liquor; D&H Liquors; Jay Liquors; Mt. Prospect Liquors; Cardinal 5 Wine &Spirits; P2 Costco; Fiesta Market; Fresh Thyme Farmers Market, KD Market; Osco Drug 10 Store; CVS Pharmacy; Walgreens#00209 (Kensington); Walgreens#05107(Elmhurst) Wal-Mart#1681; World Market P3 Aldi; 1 F-1 Bricks Wood Fired Cafe; Chipotle Mexican Grill; Chungkiwa Restaurant; Izakaya 11 Sankyu; LePeep Cafe; Los Arcos; MI Restaurant; Mina Mediterranean; Mr. Kimchi Korean BBQ; New Pusan Restaurant; Qulinarnia Fit& Healthy; F-1-V La Presa; Salerno's Pizzeria & Eatery 2 F-2 Buona; Frankie's Fast Food; Greek Feast; Jelly Cafe; Misoya Chicago; MOD Pizza; 8 Pen Thaijortas Locas F-2-V Avanti Cafe and Sandwich Bar; Mr. Beef& Pizza 2 F-3 Balkan Taste; BlackFinn—Randhurst Grille; Buffalo Wild Wings Grill and Bar; 19 Canta Napoli; Hacienda EI Sombrero; Jameson's Charhouse; Kampai Japanese Steak House; Langostino's; Mia's Cantina; Minta Restaurant and Social Lounge; Nina Restaurant; Outback Steakhouse; Salsa Street; Smokey Bones Bar & Fire Grill; Summertime; Tavern on 83;Texas Roadhouse; Trezero's; Trilokah; F-3-V Bar Louie; Emerson's; Draft Picks; Fellini Restaurant and Pizzeria; Mrs. P & Me; 9 Moretti's Ristorante; Pap's Ultimate Bar& Grill; Sam's Place; Station 34 F-4-V Prospect Moose Lodge 1 F-5 Bristol Palace; Emerald Banquets; Victoria in the Park 3 F-6 Mt. Prospect Park District-Golf Course; Prospect Heights Park District 2 F-7 Dave's Specialty Foods 1 F-8 The Red Barn 1 S-1 Hampton Inn & Suites 1 S-2 Brunswick Zone 1 S-3 0 S-4 0 S-5 AMC Randhurst 12 1 S-6 Amethyst Skye; Gathered; The Collective 3 S-7 0 S-8 Two Eagles Distillery 1 82 .T MVILLA T OF VIDEO GAMING ENDORSEMENT APPLICATION INSTRUCTIONS Before your af i M • • • MUSTcop e ow ng requ re en information indicated below must be attached to this application at the time of delivery to the Village Manager's T A current valid Business License is required. Business license number: ❑ A current Liquor License is required. Liquor License number: LL 19 -00001? Ej Copy of signed agreement with Licensed Terminal Operator A copy of State Gaming license including,all documentation issued by the State of Illinois and the Illinois Gaming Board evidencin the valid and current licensure of all vide terminals must be attached. — ... ..... .....::::::::::: ........................... nnnnnnnnnn�.w 40 Video Gaming should be located in a segregated area that is restricted to persons 21 years of age or older. To the extent possible, no lighting or sound from the gaming machines shall be visible or audible outside the segregated area. Please note that any alterations to the bu ii1d!p9,,will require a build in,9 ermit and additional inspections. A three hundred dollar($300.00) non-refundable application fee. A one thousand dollar ($1000.00) non-refundable annual permit fee for each Video Gaming Terminal as prescribed by Appendix A of the Village of Mount Prospect Municipal Code. The annual fee will coincide with the renewal of liquor license each year.. Terminal numbers must be included in this application. .............................................................. nnnm.....mm.. .rvrvrvrvrvrvrvrvrvry A final building permit inspection is required by the Village for any permitted work. In addition, before any El video gaming device is approved for operation to the public, a final inspection of the installed device(s) by the Village Manager's office is required to approve the gaming license. Please note all applications must have Village Board approval. The Village Board meets the first and third Tuesday of each month. ANSWERS ERS MUST BE ACCURATE AND COMPLETE. FURNISHING INCORRECT OR MISLEADING INFORMATION SHALL BE CAUSE FOR. LICENSE REVOCATION. IT IS YOUR SOLE RESPONSIBILITY TO ASCERTAIN TINT VERACITY I OF YOUR RESPONSE. A CLAIM THAT ANSWERS WERE GIVEN TO THE BEST OF THE AI S"ERER'S KNOWLEDGE WILL. NOT BE CONSIDERED A DEFENSE TO REVOCATION. APPLICATION...... ..................... ................................. N DATE 1. APPLICANT Name: Cell Phone ............... ........................ Business Name: ............................................................. Business Address,, Alocation of video ......... Business Phone: 2- �C q r or tion Name: ................. C'C> E-Mail: '1 1 Business Web situ 11. VIDEO GAMING TERMINAL OPERATOR INFORMATION Business Name: k7 z ................................. ———-------- .......... ......... Cell --Sales Phone. SAS '�AK t4011i c?�3e?- '7oo'7 Business Address.- Aqe, ............................. ........................................ Cit (67 6 Y Mate�,,, ................... Business Phone: 80D,- t3(3 — 9-<0 E-Mail ............................................................................................... .......... Business Web Site: 111. VIDEO GAMING ADDITIONAL INFORMATION IN Number of gaming terminals to be operated.* Serial number for machines: 1. 2. 3 4. 5. Y_ .................... ............................................................. Does applicant business have or will have a security alarm? *, e No Note a bu#q' qg perrpr�nnired'to installr�ra securi!y alarm .. ........... Name of alarm com .......... ................................ Does applicant business maintain a surveillance camera on video gaming machines.- No ........... Note surveillance camera should be resolution and must maintain 30 days of video retention ............................ AFFIDAYIT,., State of Illinois) ...... County of Cook) SS The undersigned swear(or affirm)that the person or business entity, including its owners, officers and directors in whose name this application is being made will not violate any of the ordinances of the Village of Mount Prospect or Laws of the State of Illinois or of t�.o_.,'_..'nited States of America in the conduct of the place of business described herein and that the statements contained in this application are true and correct to the best of our knowledge and belief, intentional misrep,resentation submitted ma y; be cause of denial of the license .. O'Any, SUBSCRIBED and sworn to Befbre,nlfz,.k is ?­'*4 day Of 4, �.............. 20 01 OFFICIAL 7AL Notary Public NJ JTZ F' PU�� ........................................... w. I " ILLINOIS GAMING BOARD JB Pritzker"Governor Charles Schmadeke"Chairman Marcus D.Fnichter Administrator 160 North LaSalle 4 Suite 300 4& Chicago,Illinois 60601 V tel 312/814-4700 1► fax 3121814-4602 September 27,2019 IRICK INVESTMENTS LLC- 19+ 700784 d/b/a STATION 34 4 S MAIN ST Mount Prospect,IL 60056 Via email:joe@station34pizzapub.com Re:Video Gaming Establishment Annual License Certificate On September 16,2019,. the Illinois Gaming Board adapted a motion to grant IR.IOI.INVESTMENTS LLC,d/b/a STATION 34, a Video Gaming Establishment License effective for a period of one(1)year expiring in September 2020.We have received your $100.00 annual license fee.Your license certificate is enclosed. Although you have been granted this license,you are not eligible to conduct video gaming until you complete the following(some of which may already have been completed by your location): • You must have entered into a written use agreement,which complies with.Section 320 of the Board's Video Gaming Rules,with a Licensed Terminal Operator;and • The placement of Video Gaming Terminals in your location must adhere to Section 58 of the Video Gaming.Act and Sections 270 and 81.0 of the Board's Video Gaming Rules. Please nate,you are required to display your license certificate at your establishment.As a licensee,you have a continuing duty to promptly disclose all changes in information provided in your application,including any ownership changes;Video Gaming Manager changes;and arrests or criminal charges,regardless of the outcome. Sincerely, roeY,X .Marcus D.Fruchter Administrator S TI—AITE, OF 0 1ILLINOIS r- � o I I� o; i r� J u Wi il�llu o��yy U1y I � �2 ID� y V A i ILLINOIS G'AACN,G BOARD VIDEO GAMING EST"LIS �N LICENSE IRI%(*.`XK. INVESTMENT'S LLC wo 190700784 cVb/a STATION 34 S MAIN ST MountProspect, IL 60056 License No. 190700784 Date Issued: 09/16/2019 Expiration Date-, 09/2020 This certifies that the entity listed above is hereby issued a Video Graining Establishment License as authorized by Illinois Gaming Board Adopted Rules.All Video Gaming Establishment licensees are subject to,and must abide by,all provisions of the Video Gaming Act and Illinois Gaming Board Rules,including but not limited to 11 Illinois Administrative Code Sections 1800.250(e)and 1800.420(b). Marcus D.Fruchter Administrator Illinois: Illinois Gaming Board Payment Receipt ............ ........... ........... Thank You for Your Payment Please save this Confirmation Number for your personal records. Customer Name Joseph lrick Effective Date 9/25/2019 8:23 AM Central Standard Time Confirmation Number 20007019 Payment Method Amot Visa****7235 Payment VG Establishment License Fees Transaction Fee: Total Amount Paid: -dk�........ Payment Details VG Establishment License Fees VG Establishment License Number: 190700784 - License Name: VG Establishment License Fees - Joseph Irick:- $100.00 A Transaction Fee has been 'included in the total amount paid for this transaction. ............................... Scanned by the Symantec Email Security.cloud. service. 2