CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Pass the ordinance approving a variance from Section 3-3-11:2 to issue a Class D - Package Store liquor license to Garfield's Beverage Warehouse NV LLC for the business located at 88 W. Gartner Avenue, Suite 104
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DEPARTMENT: Legal Department
SUBMITTED BY: Jennifer Bonner, Senior Assistant City Attorney
BOARD/COMMISSION REVIEW:
On September 4, 2025, Liquor Commission unanimously recommended approval of Garfield's Beverage Warehouse NV LLC d/b/a Garfield's Beverage ("Garfield's Beverage") request for a variance to the premises requirement of the Class D - Package Store liquor license for the shopping center located at 88 W. Gartner Avenue.
BACKGROUND:
The Class D - Package Store liquor license is an off-premises liquor license, which allows for the package sale of spirits, wine, and beer. The Naperville Municipal Code requires that licensees be in a shopping center containing at least 60,000 square feet with a limitation of one Class D - Package Store liquor license per shopping center.
The Naperville Plaza Shopping Center, located at 88 W. Gartner, includes a variety of uses including Casey's Foods, Trader Joe's, Firestone Auto Care, Sherwin-Williams, fitness, fast food, and restaurants. It previously housed two Class D - Package Store liquor license holders, Trader Joe's and Peterson's Spirits and Fine Wines, which were grandfathered in and predated the limit of one Class D - Package Store liquor license per shopping center. The shopping center is 84,067 square feet.
At the February 8, 2024 Liquor Commission meeting, Garfield's Beverage requested a variance to allow an additional Class D - Package Store liquor license in the shopping center located at 88 W. Gartner Avenue. The Liquor Commission unanimously recommended City Council approval of the variance request.
On February 20, 2024, City Council passed the ordinance approving the variance.
DISCUSSION:
Pursuant to Section 3-3-5:4 of the Naperville Municipal Code, sale, transfer, or assignment of more than 50% of the shares of a corporation shall terminate a license. Variances are subject to the transferability requirements in Section 3-3-5:4.
Garfield Group, LLC and Garfield Beverage Warehouse NV LLC are entering into a purchase agreement, which is resulting in a change in ownership of more than 50% of shares of the corporation holding the liquor license. As a result, the new ownership submitted a new variance request for the existing location at 88 W Gartner Rd, #104.
Due to the lack of issues with the existing location, Liquor Commission recommended approval of the request.
Draft minutes from the September 4, 2025 Liquor Commission meeting are attached.
FISCAL IMPACT:
Continued receipt of sales tax and licensing fees.