File #: 24-0189    Version: 1
Type: Ordinance Status: Passed
File created: 2/9/2024 In control: City Council
On agenda: 2/20/2024 Final action: 2/20/2024
Title: 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
Attachments: 1. Legal Description, 2. Garfield's Variance Request, 3. Garfield's PPT_02.08.pdf, 4. Garfield's Variance 2024, 5. DRAFT LC Minutes 020824
CITY COUNCIL AGENDA ITEM

ACTION REQUESTED:
title
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 February 8, 2024, the Liquor Commission considered Garfield's Beverage Warehouse NV LLC d/b/a Garfield's Beverage ("Garfield's Beverage") request for a variance to allow an additional Class D - Package Store liquor license in the shopping center located at 88 W. Gartner Avenue and unanimously recommended City Council approval.

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 uses, 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 as predating the limitation of one Class D - Package Store liquor license per shopping center. The shopping center is 84,067 square feet.

Recently, the City was contacted by Garfield's Beverage, who is seeking to open a package store in the suite vacated by Peterson's Spirits and Fine Wines. Due to the existing Class D - Package Store liquor license, a variance is required to allow for another Class D - Package store liquor license in the shopping center.

DISCUSSION:
Garfield's Beverage submitted a variance petition to allow an additional Class D -...

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