CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Waive the first reading and pass the ordinance amending Section 3-3-11:3 of the Naperville Municipal Code to increase the cap on the Late Night liquor permits from 24 to 25 for downtown locations (requires six positive votes)
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DEPARTMENT: Legal Department
SUBMITTED BY: Jennifer Bonner, Senior Assistant City Attorney
BACKGROUND:
The Class B - Restaurant and Tavern liquor license allows for on-premises sale and consumption of alcoholic liquor at full-service restaurants with a customer bar. The holders of these licenses are required to stop serving alcoholic liquor at 11:00 p.m. daily.
A Late Night permit allows the Class B license holder to serve alcoholic liquor from 11:00 p.m. until 1:00 a.m. Monday through Friday and until 2:00 a.m. on Saturday and Sunday (without kitchen and menu requirements). Late Night permits are currently capped at 24 for premises located downtown and all are currently in use.
DISCUSSION:
Representatives from AltaVida petitioned the City to increase the cap on the Late Night permit for downtown locations from 24 to 25.
AltaVida is a full-service Latin fusion restaurant that plans to open in the coming weeks at 16 W. Jefferson. It has the following proposed hours: Monday-Thursday: 11:00 a.m.-10:00 p.m.; Friday-Saturday: 11:00 a.m.- 2:00 a.m.; Sunday: 11:00 a.m. - 11:00 p.m. A copy of the preliminary menu is attached.
An increase in the Late Night permit cap requires a Municipal Code text amendment. If the Council increases the cap, Liquor Commissioner Wehrli intends to issue the newly available permit to AltaVida.
Wehrli and City staff have met with representatives from AltaVida, two of whom have held liquor licenses in other jurisdictions without any violations, and explained the local regulations and expectations concerning the issuance of a Late Night permit.
A copy of the ordinance amending the municipal code to increase the cap from 24 to 25 is attached.
FISCAL IMPACT:
Annual Late Night permit fee ($500) and corresponding increase in sales taxes related to sales of food and beverages