Loading...
HomeMy WebLinkAboutLIQUOR COMMISSION - 01/20/2000 - SUPER KMART/OSCO/SUN DRUGS/RINGSIDE/HALL OF FAME/SUNNY ELIC GROVE VILLAGE LIQUOR COMMISSION PUBLIC HEARING January 20, 2000 COUNCIL CHAMBERS PRESENT: Craig B. Johnson, Liquor Commissioner James P. Petri, Commission Member Samuel L. Lissner, Commission Member ALSO PRESENT: George B. Knickerbocker, Village Attorney Ann I . Walsh, Village Clerk Keith Wilcox, Police Officer Gina Nunes, Court Reporter President Johnson called the hearing to order at 6 : 36 p.m. Ms Nunes swore in Police Officer Wilcox of the Elk Grove Police Department . Suver Kmart, 600 Meacham Road, Elk Grove Village, IL Ms . Nunes swore in Allan Kaisher, Rose Berger, Valerie Hampton and Michael McClung as witnesses . Officer Wilcox testified as to the incident of December 20, 1999 when an employee of Kmart sold a six pack of Miller Lite beer to a confidential informant who is under the age of 21 . The informant did not show nor did he have any means of identification which would have given an age of 21 years or older, Testimony followed describing the orientation of employees regarding liquor and the training given to all cashiers. Ms . Hampton, cashier at Kmart for five years stated she made a mistake and second guessed the age of the young man as she was very busy and trying to hurry customers through the line . Further testimony of Kmart representatives outlined future plans and corrective measures being taken for training of checkout operators. A complete testimony of Officer Wilcox and Kmart is contained within the court reporter' s transcript that is attached hereto and made a part hereof . American Drug Stores/Jewel-Osco, 22 Biesterfield Road Representatives of Jewel/Osco: Robert Coglianese, Operation Manager and Connie Zaio, Compliance Manager were sworn in as witnesses by Ms . Nunes . Officer Wilcox testified as to an incident on December 20, 1999 at which time a confidential informant successfully purchased a six pack of Budweiser beer after indicating to the cashier that he did not have any identification. In response to inquiries of the Liquor Commission the Jewel representatives stated the cashier was a new employee and has, per company policy, been given a three (3) day suspension without pay. It was pointed out that policy statements and paycheck reminders are distributed during holidays to remind employees to request identification of customers purchasing liquor and compliance checks are also done by an outside company hired by the Jewel . A complete testimony of Jewel/Osco is contained within the court reporter' s transcript attached hereto and made a part hereof . Pharmacy Consultants/Sun Druqs - 548 Devon Avenue Attorney Lee Garr, representative for Sun Drugs, introduced Roger Maple, owner of Sun Drugs, Karen Mildenderger, cashier and Margot Maple, part owner of Sun Drugs . Ms . Nunes swore in Roger Maple, Margot Maple and Karen Mildenderger as witnesses . Officer Wilcox testified on an incident on December 20, 1999 at which an underage patron entered Sun Drugs without any identification and successfully purchased a six pack of Bush Beer. He was not asked for any identification. Cashier Karen Mildenderger testified she has been an employee with Sun Drugs for thirteen years . In this instance she took it upon her own judgement and thinking he appeared to be 21 years of age sold him the alcohol . It was noted that the same patron had been carded for cigarettes one month earlier and was the legal age to purchase them. 2 PH 1-20-2000 Liquor Commission Roger Maple stated every new person hired will be told to check everyone ' s identification. A complete testimony of Sun Drugs is contained in the court reporter' s transcript attached hereto and made a part hereof . Ringside, Inc. , 1122 W. Devon Avenue Ms . Nunes swore in Richard Cotini, owner and Ms . Patti Stockwell bartender of Ringside Sports Club as witnesses . Officer Wilcox testified that on December 21, 1999 two underage patrons were sent into the bar-type setting. Each patron offered and was supplied with a Miller Lite beer by the waitress . Liquor Commissioner Johnson made reference to a newspaper article whereby Mr. Cotini is quoted this was a first offense. President Johnson made mention of a 1991 meeting with then Liquor Commissioner Charles J. Zettek and a letter sent in 1994 from Liquor Commissioner Dennis Gallitano admonishing Mr. Cotini for sale of alcohol to underage drinkers. Ms . Stockwell explained she had just gotten on duty as bartender and had assumed the two patrons had been at the restaurant/bar awhile and someone had already carded them She stated the error was hers . President Johnson remarked that one area that is totally preventable, 100 percent preventable, is selling liquor to minors and in this case it .is very frustrating to have this happen three times at the Ringside in nine years . In response, Mr. Cotini reported that from now on he and his staff are now going to ID the same person many times if they move from table to bar and staff is not sure if they had been checked earlier. A complete testimony of Mr. Cotini and Ms . Stockwell are contained in the court reporter' s transcript attached hereto and made a part hereof . 3 PH 1-20-2000 Liquor Commission Hall of Fame Billiards, 1142 W. Devon Avenue Officer Wilcox related an incident on December 21, 1999 at which two underage patrons were sent into Hall of Fame Billiards carrying no identification and each patron was successful in purchasing a bottle of Miller Lite beer. Ms . Nunes swore in Richard Herbert and bartender, Martin Lipsky as witnesses herein. Liquor Commissioner Johnson reminded Dr. Herbert of two other incidents at which Hall of Fame was found to be in violation of the Village' s Liquor Ordinance . In September of 1995 liquor was made available after hours and in July 1998 Dr. Herbert was fined for selling liquor to a minor. Dr. Herbert stated that anybody who looks like 30 years of age or younger is now asked for an ID. Martin Lipsky explained the circumstances leading up to the violation on that evening indicating it was the end of his shift and regrettably he did not check for identification. It was suggested to Dr. Herbert that all patrons be carded with discussion following regarding current policies and procedures used by Hall of Fame employees . A complete testimony of Dr. Herbert and Martin Lipsky are contained in the court reporter' s transcript attached hereto and made a part hereof . Sunny Liouors, 1067 Rohlwinct Road Mr. Terry Slaw, the attorney representing Sunny Liquors, introduced the owner, Mahesh Patel, the manager, Mina Patel, and Ashok Patel a family friend present in the event that there is a language problem and he may translate . Mahesh Patel, Mina Patel and Ashok Patel were called as witnesses having been first duly sworn in by Ms . Gina Nunes . Officer Wilcox gave testimony that on December 20, 2000 at 4 : 00 p.m. underage patrons were sent into Sunny Liquors . Neither of the patrons had identification but were successful in purchasing a six pack of Bud Lite beer and were not asked for any type of identification. Officer Wilcox stated that upon entering the establishment to inform the cashier of the violation it was learned that Mr. Mahesh Patel was in fact the cashier at the time of the sale . 4 PH 1-20-2000 Liquor Commission Liquor Commissioner Johnson admonished Mahesh Patel and referenced previous violations by Sunny Liquors in June 1998 for sale of liquor to a minor and a more recent hearing in October 2000 regarding a problem with proper management and administration of a proper manager that resulted in suspension of the liquor license . Mahesh and Mina Patel responded to inquiries of the Liquor Commission stating both Mahesh and Mina are cashiers with Mahesh working twelve hours every day and Mina coming in to work at 3 :00 p.m. to 10 :00 p.m. Mr. Slaw spoke to the Commission expressing his disappointment that this violation occurred and his client will be instituting a 100 percent check policy as well procuring a Xerox copy of the ID' s for a file system. A complete testimony of the Sunny Liquors representatives are contained in the court reporter' s transcript attached hereto and made a part thereof . Upon hearing the testimony given, the Liquor Commission adjourned to deliberate in closed session. When the Commission returned to open session, the Liquor Commissioner reported the Village has been commended by the State of Illinois for enforcement and compliance of selling cigarettes in Elk Grove . President Johnson questioned why would there be compliance with selling cigarettes to minors but such a poor track record for selling liquor to minors . The Commissioner gave a strong message to all present and vowed that this Liquor Commission will do everything possible to make sure Elk Grove Village does not sell liquor to minors . To all first time offenders there will be a minimum fine and anyone called before the Commission for a third time offense will no longer be eligible for a liquor license . The Liquor Commissioner then announced the following orders : Jewel/Osco, Kmart and Sun Drugs will be fined $250 and one- sixth of the Court Reporter' s fees Ringside will be fined $500 .00 and asked to pay one-sixth of the Court reporters fees. A two (2) day suspension was ordered on Tuesday, February 8 and Wednesday, February 9, 2000 . Hall of Fame Billiards was admonished for this being the second time for selling liquor to minors. A seven (7) day 5 PH 1-20-2000 Liquor Commission suspension beginning February 7 and ending after Sunday, February 13, 2000 and fine of $750 .00 with one sixth of the court reporter' s fee was imposed. Sunny Liquors - The probation period for Sunny Liquors was extended from June 1 2000 to June 1 2001. It was noted by the Liquor Commissioner that only 30 days after the agreement was signed regarding the last violation there was another violation by Sunny Liquors. A fifteen (15) day suspension from February 7 through February 21, 2000 was ordered with a fine of $1, 000 and one-sixth of the court reporter' s fees. President Johnson stressed that any future violation at all during this probationary period will result in the suspension of license. The Liquor Commissioner closed the meeting with a strong message to members of the audience and mentioned to members of the press he will rely on them to send his message out . A third strike before this commission and liquor businesses will be done doing business in our community. The public hearing was adjourned at 8 : 15 p.m. Vil age Clerk C: President and Board of Trustees, Village Manager, Police Chief, Village Attorney, Village Clerk 6 PH 1-20-2000 Liquor Commission