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File #: 26-0418    Version: 1
Type: Ordinance Status: Agenda Ready
File created: 3/23/2026 In control: City Council
On agenda: 4/7/2026 Final action:
Title: 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)
Attachments: 1. March LC Draft Minutes, 2. Late Night Permit Ordinance, 3. Temptinn_Liquor_Commission_Presentation3.16.pptx (1)
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CITY COUNCIL AGENDA ITEM

ACTION REQUESTED:
title
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)
body

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 extensi...

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