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November 22, 2010 - Village of Mundelein

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Liquor Control Commission MeetingBlue 60 Sports Tavern & Grill, 330 Townline RoadPizza Hut, 1575 South Lake StreetArarat Corporation, DBA: Int’l Shish-Kebob House, 364 Townline RdPine Meadow Golf Club, One Pine Meadow PlaceJMTD, LLC, DBA: Comfort Inn Chicago <strong>Mundelein</strong>, 517 E. Route 83El Barrio Corporation, 11<strong>22</strong> Diamond Lake RoadThe Liquor Control Commission <strong>of</strong> the <strong>Village</strong> <strong>of</strong> <strong>Mundelein</strong> held ameeting Monday, <strong>November</strong> <strong>22</strong>, <strong>2010</strong> at 1000 North Midlothian Road.Kenneth H. Kessler, as Commission Chairman convened the LiquorControl Commission meeting at 8:23 pm.Clerk Dahlstrom took the roll. It indicated these members present:Commissioners Lentz, Meier, Semple, Sullivan, and Voss. Absent:Nutschnig. <strong>Village</strong> attendance: <strong>Village</strong> Administrator Lobaito, Assistant<strong>Village</strong> Administrator Flynn, Chief Rose, Attorney Marino, and AttorneyLaLuzerne.Trustee Nutschnig returned to the boardroom at 8:24 p.m.Motion by Voss, seconded by Lentz to approve the minutes <strong>of</strong> the LiquorControl Commission meeting <strong>of</strong> June 28, <strong>2010</strong>. Upon roll call vote, thevote was as follows: Ayes: Voss, Lentz, Meier, Nutschnig, Semple, andSullivan; nays: none; absent and not voting: none. Motion carried.Chairman Kessler asked the Commission to allow the agenda to beamended to hear the Citation and Notice <strong>of</strong> Hearings before the newbusiness. There were no objections to the amendment to the agenda.Chairman Kessler stated the purpose for the meeting was a Citation andNotice <strong>of</strong> Hearings against several locations, the first was against Ms. LilyEvans, President <strong>of</strong> Ararat Corporation, DBA: International Shish-KebobHouse, 364 Townline Road, the licensee violated Section 5.76.2309(a) <strong>of</strong> theOrdinances <strong>of</strong> the <strong>Village</strong> <strong>of</strong> <strong>Mundelein</strong> and 235 ILCS 5/6-16(a) in that onOctober 21, <strong>2010</strong>, the licensee by its agent Irina Drigoryan, did deliveralcoholic liquor to two minors having been born October 10, 1990 and May4, 1990 at the licensed premises. Attorney LaLuzerne stated this was thesecond violation; the first violation was May 2007 for serving alcohol beforetheir license was obtained and the second violation was July 2008 forallowing patrons to bring in their own alcohol onto their premises.Attorney LaLuzerne stated there was a settlement agreement <strong>of</strong> $1,500.00fine and a seven consecutive business day license suspension beginning<strong>November</strong> 29, <strong>2010</strong> until December 5, <strong>2010</strong>.<strong>November</strong> <strong>22</strong>, <strong>2010</strong>Liquor CommissionMeeting Called to OrderAttendanceTrustee NutschnigReturnedMotion to ApproveMinutes <strong>of</strong> LCC <strong>of</strong>06.28.10Amendment to AgendaPurpose: Citation andNotice <strong>of</strong> HearingsArarat Corporation, DBA:International Shish-KebobHouse, 364 Townline RoadMotion by Voss, seconded by Lentz to recess into Executive Session todiscuss the disposition.1


Ararat Corporation, DBA:International Shish-KebobHouse, 364 Townline Road(Continued)Commissioner Sullivan asked Chief Rose <strong>of</strong> this license holder wassubject to a detail. Chief Rose stated they were concerns howeverdiscussions were held to ensure compliance. Chief Rose added they havenever been in violation for serving to a minor before this violation.Commissioner Sullivan stated he was satisfied with the settlementagreement.Commissioner Lentz asked Commissioner Voss if she felt this agreementwas too lenient.Upon roll call vote, the vote was as follows: Ayes: Voss; nays: Lentz,Meier, Nutschnig, Semple, and Sullivan; absent and not voting: none.Motion failed.Motion by Semple, seconded by Lentz to approve a fine in the amount<strong>of</strong> $1,500.00 fine to be paid within 24 hours and a seven consecutivebusiness day license suspension beginning <strong>November</strong> 29, <strong>2010</strong> untilDecember 5, <strong>2010</strong> for Ararat Corporation, DBA: International Shish-Kebob House, 364 Townline Road.Commissioner Voss stated this license holder has had their liquor licensefor approximately three years and have been before the Commissionthree times with additional citations. Commissioner Voss stated the fineis only a $500.00 increase and would not support this agreement.Commissioner Semple stated he did not want to see this business owneragain because next time he would vote to revoke the liquor license.Upon roll call vote, the vote was as follows: Ayes: Semple, Lentz, Meier,Nutschnig, and Sullivan; nays: Voss; absent and not voting: none.Motion carried.Pine Meadow Golf Club,One Pine Meadow LaneChairman Kessler stated the second item on the agenda was a Citationand Notice <strong>of</strong> Hearing against Mr. Dennis L. Johnson, Manager <strong>of</strong> PineMeadow Golf Club, One Pine Meadow Lane, the licensee violatedSection 5.76.230(a) <strong>of</strong> the Ordinances <strong>of</strong> the <strong>Village</strong> <strong>of</strong> <strong>Mundelein</strong> and235 ILCS 5/6-16(a) in that on October 21, <strong>2010</strong> the licensee by its agentMaria Rodriquez-Silva, did deliver alcoholic liquor to two minors havingbeen born October 10, 1990 and May 4, 1990 at the licensed premises.Attorney LaLuzerne stated this was their first violation and added therewas a settlement agreement <strong>of</strong> a $500.00 fine to be paid within 24 hours.Motion by Semple, seconded by Lentz to approve a fine in the amount<strong>of</strong> $500.00 fine to be paid within 24 hours for Pine Meadow Golf Club,One Pine Meadow Lane. Upon roll call vote, the vote was as follows:Ayes: Semple, Lentz, Meier, Nutschnig, Sullivan, and Voss; nays: none;absent and not voting: none. Motion carried.2


Chairman Kessler stated the second item on the agenda was a Citation andNotice <strong>of</strong> Hearing against Mr. Norbert Fodor, Manager <strong>of</strong> JMTD, LLC,DBA: Comfort Inn Chicago <strong>Mundelein</strong>, 517 East Route 83, the licenseeviolated Section 5.76.230(a) <strong>of</strong> the Ordinances <strong>of</strong> the <strong>Village</strong> <strong>of</strong> <strong>Mundelein</strong>and 235 ILCS 5/6-16(a) in that on October 21, <strong>2010</strong> the licensee by itsagent Hatel P. Patel, did deliver alcoholic liquor to two minors having beenborn October 10, 1990 and May 4, 1990 at the licensed premises. AttorneyLaLuzerne stated this was their first violation and added there was asettlement agreement <strong>of</strong> a $500.00 fine to be paid within 24 hours.JMTD, LLC, DBA:Comfort Inn Chicago<strong>Mundelein</strong>, 517 EastRoute 83Motion by Voss, seconded by Nutschnig to approve a fine in the amount<strong>of</strong> $500.00 fine to be paid within 24 hours for JMTD, LLC, DBA: ComfortInn Chicago <strong>Mundelein</strong>, 517 East Route 83. Upon roll call vote, the votewas as follows: Ayes: Voss, Nutschnig, Lentz, Meier, Semple, and Sullivan;nays: none; absent and not voting: none. Motion carried.Chairman Kessler stated the second item on the agenda was a Citation andNotice <strong>of</strong> Hearing against Ms. Josephine Arebalo, President and Mr.Armando Arebalo, Jr. Vice-President, <strong>of</strong> El Barrio Corporation, 11<strong>22</strong>Diamond Lake Road, the licensee violated Section 5.76.230(a) <strong>of</strong> theOrdinances <strong>of</strong> the <strong>Village</strong> <strong>of</strong> <strong>Mundelein</strong> and 235 ILCS 5/6-16(a) in that onOctober 20, <strong>2010</strong> the licensee by its agent Juana Acosta-Rios, did deliveralcoholic liquor to two minors having been born September 15, 1992 andAugust 18, 1993 at the licensed premises. Attorney LaLuzerne stated thiswas their first violation and added there was a settlement agreement <strong>of</strong> a$500.00 fine to be paid within 24 hours.El Barrio Corporation,11<strong>22</strong> Diamond Lake RoadMotion by Semple, seconded by Lentz to approve a fine in the amount <strong>of</strong>$500.00 fine to be paid within 24 hours for El Barrio Corporation, 11<strong>22</strong>Diamond Lake Road.Commissioner Voss asked how long Mr. Arebalo how long he had been inbusiness. Mr. Arebalo stated he had been in business for over 40 years.Commissioner Semple stated he was a good business owner, with theexception <strong>of</strong> this mistake. Mr. Arebalo stated their restaurant had beenchecked randomly several times before and had always passed.Commissioner Semple stated they run a good establishment. Mr. Arebalostated they work hard to pass these checks.Upon roll call vote, the vote was as follows: Ayes: Semple, Lentz, Meier,Nutschnig, Sullivan, and Voss; nays: none; absent and not voting: none.Motion carried.Chairman Kessler stated a Letter <strong>of</strong> Intent had been received for a ClassA1 Liquor License for Blue 60 Sports Tavern and Grill, 330 TownlineRoad. Before the formal application process for a liquor license is3Purpose: Letter <strong>of</strong>Interest: Class A1 LiquorLicense Blue 60 SportsTavern and Grill, 330Townline Road


Purpose: Letter <strong>of</strong>Interest: Class A1 LiquorLicense Blue 60 SportsTavern and Grill, 330Townline Road(Continued)DiscussionPurpose: Letter <strong>of</strong>Interest: Class G LiquorLicense Pizza Hut, 1575South Lake StreetDiscussioninitiated, the Liquor Control Commission should decide if there is an interestin creating interest in creating an additional license for this business. Itshould be noted that a decision to create an additional liquor license is not anapproval for a liquor license for this business. If the Commission is receptiveto creating an additional license, the business owner would begin the formalapplication process.Chairman Kessler asked if there was a representative <strong>of</strong> Blue 60 SportsTavern and Grill was present. Mr. Michael Kozak stated he was. Mr. Kozak,owner and manager gave a brief background on the proposed Blue 60 SportsTavern and Grill. Mr. Steve Itsines, owner and property owner, also gave abackground on his experience and proposed new restaurant.Chairman Kessler asked for any questions or comments. There were noquestions or comments. Chairman Kessler asked if there was consensus tohave Mr. Kozak and Mr. Itsines begin the application process.Commissioner Semple expressed his support to begin the application process.Chairman Kessler stated a Letter <strong>of</strong> Intent had been received for a Class GLiquor License for Pizza Hut, 1575 South Lake Street. Chairman Kesslerstated the previous owner sold the Pizza Hut and they decided to operatewithout a liquor license and now would like to apply for a liquor license.Chairman Kessler asked if there was a representative <strong>of</strong> Pizza Hut. Mr. EdEdwardson, Area Manager, and Mr. Phil Roman, Manager, stated they were.Chairman Kessler stated before the formal application process for a Class Gliquor license is initiated, the Liquor Control Commission should decide ifthere is an interest in creating an additional license for this business. Itshould be noted that a decision to create an additional liquor license is not anapproval for a liquor license for this business. If the Commission is receptiveto creating an additional license, the business owner would begin the formalapplication process.Chairman Kessler asked for any questions or comments. Commissioner Vossasked if the owner lived in Lake County. Mr. Edwardson stated FranchiseManagement Investments, US, LLC is located in Canada however he and Mr.Roman both live in Lake County.Commissioner Sullivan asked if the applicant understood the requirementsand limitations a Class G Liquor License mandated. Mr. Edwardson statedthey were clear on the requirements and limitations mandated on a Class GLiquor License.Chairman Kessler asked if there was interest in creating a new Class G LiquorLicense. There were no objections to begin the formal process.4


Motion by Semple, seconded by Nutschnig to adjourn the Liquor ControlCommission meeting. Upon roll call vote, the vote was as follows: Ayes:Semple, Nutschnig, Lentz, Meier, Sullivan, and Voss; nays: none; absent andnot voting: none. Motion carried.Chairman Kessler adjourned the meeting at 8:55 pm.Motion to AdjournLiquor CommissionHearingAdjournment<strong>Village</strong> Clerk5

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