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HomeMy WebLinkAboutLIQUOR COMMISSION - 01/23/2007 - ATTITUDE/COACH'S/SW BBY RAY/RI TIME/SM H MINUTES OF THE PUBLIC HEARING HELD BEFORE THE ELK GROVE LIQUOR COMMISSION ON TUESDAY, JANUARY 23,2007 PRESENT: Mayor Craig B. Johnson Trustee Samuel L. Lissner Trustee James P. Petri ALSO PRESENT George B. Knickerbocker, Village Attorney Ann I. Walsh, Village clerk Elk Grove Police Officer Michael Ryan Attitude Attorney Al Husain Vilitchka Bontcheva Coach's Corner— Joseph L. Carcerano Mark R. Winters Sweet Baby Rays— Michael P. O'Brien Dave Raymond Real Time Sports— Sam Cirrincione Nick Scalise Smoke Hub Attorney Lee Garr Bhupendra Patel Mayor Johnson called the public hearing to order at 4:00 p.m. in the Council Chambers of the Charles J. Zettek Municipal Building, 901 Wellington Avenue, Elk Grove Village, Illinois. The Liquor Commissioner explained the purpose of these hearings was to consider evidence concerning the sale of alcohol to minors at the following: Attitude Bar and Restaurant, 1000 Higgins Road; Coach's Corner, 152-54 Biesterfield Road; Real Time Sports Bar and Grill, 1120-22 Devon Avenue; Sweet Baby Ray's Barbecue, 800 East Higgins Road; and Continuation of the December 12, 2006 public hearing for Smoke Hub, 652 Meacham Road. 2007-1 Attitude Bar and Restaurant—Elk Grove Police Officer Michael Ryan gave testimony as to the circumstances leading to the bartender selling alcohol at Attitudes on December 27, 2006 to two separate informants under 21 years of age. Attorney Al Husain testified on behalf of Attitudes' owner, Velitchka Bontcheva. He responded the owner does admit to what happened and the bartender did not ask for identification. The Village Attorney talked about the responsibility of the owner to accept responsibility for the violation and stated that action would be reflected on the liquor license not the bartender's employment. Mayor Johnson and Village Attorney referenced various incidents requiring Police assistance at Attitude's since it opened for business in August 2006. Owner Vilitchka Bontcheva was sworn in as a witness. Mayor Johnson inquired as to who was current manager of the establishment. Ms. Bontcheva responded she was sole owner and manager. Mayor Johnson referenced paperwork submitted by the owner for her twenty-one year old niece as a proposed new manager and expressed his concerns. Attorney Husain stated he would confer with his client in all matters discussed. Trustees Lissner and Petri requested further information regarding Basset training and shift change procedures. A complete testimony of all parties concerning the Attitude Public Hearing is contained within the court reporter's transcript on file in the Village Clerk's Office. 2 2007-2 Coach's Corner Joseph L. Carcerano and Mark R. Winters were duly sworn in as witnesses. Officer Michael Ryan confirmed that as stated in previous testimony regarding Attitudes, two underage patrons were sent into Coach's Corner and were sold alcohol. Carcerano and Winters testified there was no debate. It was a busy night and the bartender did not ask for identification. The bartender is on suspension pending the outcome of the hearing. Discussion ensued regarding Basset training and the bartender's experience. Mayor Johnson stated for the record that for the ten years Coach's Corner has done business in Elk Grove Village they have never failed a Police check. A complete testimony of all parties is contained in the court reporter transcript on file in the Village Clerk's Office. Upon hearing testimony the Liquor Commission adjourned to deliberate in closed session. The Liquor Commission reconvened to open session and announced the following orders: Coach's Corner—The minimum fine of$250 would be waived by the Liquor Commission, based on Coach's longevity in the community and their good record. Coach's would be responsible for court reporter services and publishing fees. Attitude—The Liquor Commission ordered a fine of$250.00 and all costs assessed for the court reporter service and publishing fees. The proceedings in the above-entitled causes were adjourned at 4:42 p.m. 3 2007-3-Sweet Baby Ray's Barbecue The Mayor continued the public hearing at 4:45 p.m. Co-owners Michael O'Brien and Dave Raymond approached the podium. Mayor Johnson noted Officer Ryan's earlier testimony regarding Attitudes and Coach's Corner were similar to those reported at Sweet Baby Ray's. Mr. O'Brien spoke of policies and training procedures that have been put into place since the December 27, 2006 violation. There is on-going training of staff regarding the importance of identification of patrons and safety matters. Mayor Johnson stressed the gravity of the situation and noted the strict policies of the Liquor Commission regarding sale of alcohol to minors. He noted this incident occurred only nine days after Sweet Baby Rays opened for business. During further discussion it was noted that while Sweet Baby Ray is new to the Village it does have a good longstanding business relationship in Wood Dale with no apparent problems reported by that Village. A complete testimony of all parties is available in the court reporter transcript on file in the Village Clerk's Office. 4 2007-4—Real Time Snorts Bar& Grill Representatives for Real Time approached the podium at 4:50 p.m. Sam Cirrincione and Nick Scalise were called as witnesses and were duly sworn in. Mayor Johnson asked if the same situation occurred as described for Attitudes, Coach's and Sweet Baby Rays. Mr. Cirrincione confirmed it did and stated they would not dispute the fact that under age patrons were served alcohol. Mr. Cirrincione explained the circumstances and stated the bartender had been terminated. Mayor Johnson stated for the record that during the three years Real Time has been opened they have never failed a Police check. Mr. Cirrincione testified that all their employees are Basset certified and noted this instance was an honest mistake. Discussion followed regarding the security and carding practices required by the owner and manager of Real Time. A complete testimony of all parties is available in the court reporter transcript on file in the Village Clerk's Office. 4:55 p.m. Upon hearing testimony the Liquor Commission adjourned to deliberate in closed session. 4:58 p.m. The Liquor Commission reconvened the public hearing with all members present as stated above. The following was announced: Sweet Baby Rays—The minimum fine of$250.00 would be lowered to a $100.00 fine since it was a first offense and the Village has had a very good working relationship with the management. The restaurant would be responsible for payment of court reporter services and publishing fees. Real Time Sports—The minimum $250.00 fine for violation of the liquor ordinance would be waived. Real Time Sports would be responsible for court reporter service and publishing fees. The proceedings were adjourned at 5:02 p.m. 5 2006-1 SMOKE HUB (Continued from December 12, 2006) 5:05 p.m. Mayor Johnson explained this evening's public hearing was a continuation of a public hearing held on December 12, 2006. Mr. Patel, owner of the Smoke Hub, had been called before the Liquor Commission for sale of alcohol to minors. The Commission members had a very difficult time understanding Mr. Patel and were not sure that Mr. Patel understood the gravity of the situation. Mr. Patel was directed to retain counsel who would speak on his behalf and help him understand the situation at hand. Attorney Lee Garr approached the podium and stated he would be representing Patel this evening. Attorney Garr said he had spent substantial amounts of time with Mr. Patel and Patel understands he made a mistake and has since incorporated various changes to rectify the problems at the Smoke Hub. These include a rule that all patrons must show picture ID cards and the installation of a$3500 camera and recording system that focuses on the counter and records all transactions. Mayor Johnson noted that Mr. Patel has made significant investments. 5:08 - Recess 5:10—Reconvene with all members present The Mayor stated the testimony heard tonight and the procedures put into place by Mr. Patel weighed heavily in the decision made by the Liquor Commission. Mayor Johnson said the Commission truly believes Mr. Patel now understands the severity of the violation and commends Mr. Patel for installing the camera described earlier. Due to these efforts, the Commission would not suspend the liquor license. Attorney Garr was asked to advise Mr. Patel that if he was called back before the Liquor Commission in the future the penalty would be quite severe. A complete testimony of all parties is contained in the court reporter's transcript on file in the Village Clerk's Office. Smoke Hub - The Liquor Commission ordered payment of a $250 fine in addition to Court Reporter and publication fees. The public hearing was adjourned at 5:15 p.m. Submitted by: Ann I. Walsh,Village Clerk C: Mayor and Board of Trustees, Village Attorney, Village Manager, Police Chief, Deputy Village Clerk, Liquor file 6