CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Waive the first reading and pass the ordinance amending 3-3-11 of the Naperville Municipal Code by increasing the cap on the Late Night Permit in the downtown to 22 (requires six positive votes)
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DEPARTMENT: Legal Department
SUBMITTED BY: Jennifer Bonner, Senior Assistant City Attorney
BOARD/COMMISSION REVIEW:
On March 16, 2026, the Liquor Commission unanimously recommended approving the text amendment, subject to a six-month probationary period.
BACKGROUND:
The Class B - Restaurant and Tavern liquor license allows full-service restaurants with a customer bar to sell and serve alcoholic liquor for on-premises consumption, but service must end at 11:00 p.m. each day. Establishments may extend these hours by obtaining a Late Night Permit, which authorizes alcoholic liquor sale and service from 11:00 p.m. to 1:00 a.m. Monday through Friday and until 2:00 a.m. on Saturday and Sunday, without requiring menu service during those hours. Late Night Permits for downtown locations are currently capped at 21, and all permits are in use. Temptinn Indian Fusion/Spin by Temptinn, located at 220-226 S. Washington, is requesting a text amendment to increase this cap from 21 to 22 so it may obtain a Late Night Permit.
On October 25, 2024, a Class A - Restaurant liquor license was issued to Temptinn Indian Fusion for Suite 220. Temptinn Indian Fusion later expanded operations into Suite 226, and after inquiry from City staff, the liquor license was extended to include retail sale and service in that space. A mobile bar was subsequently installed without approval, and on or around February 5, 2026, a citation was issued against the liquor license for the sale and/or service of alcoholic liquor from a mobile bar within a Class A - Restaurant licensed premises, in violation of the City’s Code. Temptinn Indian Fusion stipulated to the violation and paid a $1,000 fine.
DISCUSSION:
Spin by Temptinn will function as an extension of the restaurant, accommodating private events such as birthday celebrations, corporate gatherings, graduation parties, and wedding-related functions. After 11:00 p.m., the space will transition into a lounge-style venue for patrons aged thirty and older. It will feature lounge seating, a bar, and a staffed kitchen offering bar bites. Security procedures will include screening at the entrance to Suite 226, as well as ID checks for individuals entering through Suite 220 at the bar.
After reviewing the request and considering the prior liquor violation, the Liquor Commission reached a consensus to impose a six-month probationary period on the Class B - Restaurant and Tavern license, the Late Night Permit, and the Entertainment Permit. The Liquor Commission also recommended a text amendment to increase the Late Night Permit cap from 21 to 22, enabling issuance of a Late Night Permit. If the request is approved, the Late Night Permit will be issued on a probationary basis for six months, provided all other requirements are met.
FISCAL IMPACT:
Corresponding increase in licensing and permit fees.