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Home My WebLink AboutLIQUOR COMMISSION - 01/29/2004 - SPAGHETTI WAREHOUSE/SHERATON/PEPPINOS/HONEST JOHNS LIQUOR COMMISSION PUBLIC HEARING January 29, 2004 PRESENT: Liquor Commission Mayor Craig B. Johnson, Liquor Commissioner Trustee James P. Petri Trustee Samuel L. Li6sner ALSO PRESENT: George B. Knickerbocker, Village Attorney Ann I . Walsh, Village Clerk Mayor Johnson called the public hearing to order at 6 :30 p.m. and noted for the record the public hearing was called to hear evidence concerning the sale of alcohol to minors and the possible suspension and revocation of four (4) liquor licenses or other sanctions, if any as deemed appropriate regarding Aesop' s Tables/Honest Johns at 1000 Busse Road; Peppino' s at 600 E. Devon Avenue; Sheraton Suites of Elk Grove, 121 Northwest Point; and Spaghetti Warehouse, 101 Busse Road, all in Elk Grove Village. The Mayor informed the audience testimony and evidence will be heard and a decision announced following deliberation by the Liquor Commission. Mayor Johnson spoke of the Village' s mandatory carding policies and read a November 24, 2003 letter sent to all liquor license owners reminding them of the Village' s policy. Docket 04-01 - Spaghetti Warehouse, 101 Busse Road Mike Belcastro, regional manager and Police Officer Kevin Finnen were called as witnesses and duly sworn in. Officer Finnen gave testimony that on December 17, 2003, during a premise check at locations in Elk Grove Village, confidential underage informants were served alcohol. Mr. Belcastro provided information on the in-house training program with all servers at Spaghetti Warehouse and noted some personnel changes have been made since that incident . The complete testimony is contained within the court reporter' s transcript which is on file in the Village Clerk' s Office. Liquor Commission Public Hearing 1-29-04 Docket 04-02 - Sheraton Suites of Elk Grove Harlan Powell, the Attorney representing Sheraton Suites, approached the Commission and introduced Lyle Pauls, general manager of the property. Mr. Pauls was called as witness and duly sworn in. Officer Finnen gave testimony similar to his previous explanation stating that once again minors purchased alcohol during the Police Department' s compliance check. Mr. Powell addressed the remedial actions that have been taken since the violation occurred and noted the Sheraton Hotel has been licensed as such for approximately 13 years in the Village. Mayor Johnson stated for the record this is Sheraton' s first violation for selling liquor to minors in the community. A complete record of testimony is contained within the court reporter' s transcript which is on file in the Village Clerk' s Office. Docket 04-03 - Peppino's, 600 E. Devon Avenue John Patouhas, general manager, was called as witness and duly sworn in. Officer Finnen testified Police informants were allowed to purchase one glass of beer in a plastic cup and were not asked to show any identification. Mayor Johnson stated for the record that this is Peppino' s first violation for selling liquor to minors . Ms. Julie Madden was duly sworn in, examined and testified she was the server on that date and explained the circumstances leading up to the violation on that evening. A complete testimony of witnesses is contained in the court reporter' s transcript which is on file in the Village Clerk' s Office. 2 Liquor Commission Public Hearing 1-29-04 Docket 04-04 - Aesops Tables/Honest Johns - 1000 Busse Road David Becker, food and beverage director, was called as a witness and duly sworn in. Officer Finnen testified two informants entered into the door which is closest to the deck patio and purchased $7. 00 worth of alcohol . Mayor Johnson noted for the record that this was not a first offense at this location siting a 1993 warning and violations in 1995 and 2000 . Mr. Becker noted the door used for entry was to be locked by the manager on duty. The manager had neglected to do so and the assumption was made by the bartender that the youths had entered through the lobby and had been checked by a door host . A complete testimony contained in the court reporter' s transcript is on file in the Village Clerk' s Office. Upon hearing all testimony given, the Liquor Commission adjourned to deliberate in closed session. When the Commission returned to open session, the Mayor commended all four establishments for taking remedial action following these violations. The Mayor suggested carding of all patrons then imposed the following orders and fines: (Copies attached) The proceedings in the above-entitled cause were adjourned at 8 :45 p.m. Ann I. Walsh, Village Clerk att. ` C: Ma}To� and rrd of Trustees, Village Atl-Qrney, Vilage 93haager, Chief -of Police, Liqu�r file 3 ELK GROVE VILLAGE LIQUOR COMMISSION Craig B. Johnson Liquor Commissioner Petitioner V. Docket No. 2004-01 Spaghetti WarehouselItalian Grill 101 Busse Road Elk Grove Village,IL 60007 FINDINGS AND ORDER THIS MATTER coming to be heard as called by the Elk Grove Village Liquor Commissioner, and a Hearing held before the Liquor Commission, the Commission finds as follows: 1. That on December 17,2003,the Respondent or its Agent,sold alcoholic liquor to a minor. 2. That this incident was the first time the Respondent has been before the Liquor Commission with respect to any violation of applicable Village Ordinance. WHEREFORE,the Elk Grove Village Liquor Commissioner Orders as follows: 1. That Respondent shall pay a fine in the amount of TWO HUNDRED FIFTY Dollars ($250.00) and the cost assessed to the Respondent for the Court Reporter fee for the Hearing. Said fine and all be paid within ten(10) days from the date a bill with the:ve ount du is received. an30, 2004 Village Liquor Commissioner ELK GROVE VILLAGE LIQUOR COMMISSION Craig B. Johnson Liquor Commissioner Petitioner V. Docket No. 2004-02 Sheraton Suites of Elk Grove 121 Northwest Point Elk Grove Village, IL 60007 Respondent FINDINGS AND ORDER THIS MATTER coming to be heard as called by the Elk Grove Village Liquor Commissioner, and a Hearing held before the Liquor Commission, the Commission finds as follows: 1. That on December 17, 2003, the Respondent or its Agent, sold alcoholic liquor to a minor. 2. That in the thirteen(13)years that the Respondent has been in business in the Village,this is the first violation brought before the Elk Grove Village Liquor Commission. WHEREFORE,the Elk Grove Village Liquor Commissioner Orders as follows: 1. That Respondent shall pay a fine in the amount of TWO HUNDRED FIFTY DOLLARS ($250.00)and the cost assessed for the Reporter fee for the Hearing. Said fine and costs shall be paid in ten(10)days from the date a bill with the exact amount due is r eived. ated: Jan ry 30, 2004 E ove Village Liquor Commissioner ELK GROVE VILLAGE LIQUOR COMMISSION Craig E. Johnson Liquor Commissioner Petitioner V. Docket No. 2004-03 Peppino's 600 E. Devon Avenue Elk Grove Village, IL 60007 Respondent FINDINGS AND ORDERS THIS MATTER coming to be heard as called by the Elk Grove Village Liquor Commissioner, and a Hearing held before the Liquor Commission,the Commission finds as follows: 1. That on December 17,2003, the Respondent or its Agent, sold alcoholic liquor to a minor. 2. That this incident was the first time the Respondent has been before the Liquor Commission with respect to any violation of applicable Village Ordinance. WHEREFORE, the Elk Grove Village Liquor Commissioner Orders as follows: 1. That Respondent shall pay a fine in the amount of TWO HUNDRED FIFTY DOLLARS ($250.00) and the cost assessed to the Respondent for the Court Reporter fee for the Hearing. Said fine and costs shat paid within ten(10) days from the date a bill with the exact amount is rec ived. ated: Jan 30,2004 ve Village Liquor Commissioner ELK GROVE VILLAGE LIQUOR COMMISSION Craig B. Johnson Liquor Commissioner Petitioner V. Docket No. 2004-04 Aesop's Fables/Honest Johns 1000 Busse Road Elk Grove Village, IL 60007 Respondent FINDINGS AND ORDER THIS MATTER coming to be heard as called by the Elk Grove Village Liquor Commissioner, and a hearing held before the Liquor Commission, the Commission finds as follows: I. That on December 17, 2003, the Respondent or its Agent, sold alcoholic liquor to a minor without asking for any identification. 2. That Respondent was previously charged and found guilty of selling alcoholic liquor to a minor on February 9,2000. Prior to that Respondent was cited with not having Basset trained servers in 1993 and having an alcoholic server under the age of 21 in 1995. WHEREFORE,the Elk Grove Village Liquor Commissioner Orders as follows: 1. That Respondent's liquor license be suspended for one(1) day—February 17, 2004. 2. That Respondent shall pay a fine in the amount of FIVE HUNDRED DOLLARS($500.00) and the cost assessed to the Respondent for the Court Reporter fee for the Hearing. Said fine and costs shall be paid within ten(10) days from the date a bill with the exact amount due is received. 3. That the Chief of Police is directed to direct his d t to make various premise checks at Respondent's establishme o insure t at the door leading to the parking lot is locked after 6:00 p.m. Dated: Jami 30, 2004 Elk ove Village Liquor Commissioner