File #: 23-1096    Version: 1
Type: Ordinance Status: Agenda Ready
File created: 9/22/2023 In control: City Council
On agenda: 10/3/2023 Final action:
Title: Pass the ordinance approving a variance from Section 3-3-11 to issue a Class D - Package Store liquor license to Jai Ganesh IL Inc for the business located at 1474 East Chicago Avenue
Attachments: 1. Request for CLASS-D City of Naperville Liquor License - Change of Ownership via Variance Request (Section 3-3-6)_Redacted, 2. Solo Liquors Variance Request 092923 (003)_Redacted, 3. Solo LiquorsVariance 2023
CITY COUNCIL AGENDA ITEM

ACTION REQUESTED:
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Pass the ordinance approving a variance from Section 3-3-11 to issue a Class D - Package Store liquor license to Jai Ganesh IL Inc for the business located at 1474 East Chicago Avenue
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DEPARTMENT: Legal Department

SUBMITTED BY: Jennifer Bonner, Senior Assistant City Attorney

BACKGROUND:
Solo Liquors is a package liquor store located at 1474 East Chicago Avenue.

Class D - Package Store licenses are generally located in large shopping centers unless they are grandfathered in as having been established prior to regulations that contain square footage limitations.

Solo Liquors has a Class D - Package Store license that requires that it be in a shopping center containing at least 60,000 square feet. Because it was grandfathered in, Solo Liquors is currently in a shopping center of less than 60,000 square feet.

Recently, the City was contacted by Pratik Patel, an owner of another Class D - Package Store license (Neel Kanth Varni Maharaj Corporation d/b/a JP Liquors) who is seeking to acquire and purchase Solo Liquors. While they are an existing licensee, they intend to use a different corporation (Jai Ganesh IL Inc) for the Solo Liquors location.

Both locations will operate under the same d/b/a of JP Liquors. After speaking with staff, Jai Ganesh IL Inc submitted a variance petition to the square footage requirements so that Class D - Package Store may continue to operate at 1474 East Chicago Avenue. A copy of the variance petition is attached.

Due to the impeccable record and absence of any violations, the Mayor Wehrli (as Liquor Commissioner) recommends approval of the requested variance.

DISCUSSION:
On September 6, 2016, the City Council approved repealing and replacing Chapter 3 (Liquor and Tobacco Control) in its entirety. The new chapter created a procedure for processing variances to liquor license requirements and set forth the following factors for consideration of a variance:

1. The variance...

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