CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Pass the ordinance approving a variance to allow the issuance of a Class D - Package Store liquor license for a premise less than 60,000 square feet to Star 7 Corporation at 3027 English Rows Avenue #115
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DEPARTMENT: Legal Department
SUBMITTED BY: Jennifer Bonner, Senior Assistant City Attorney
BOARD/COMMISSION REVIEW:
The Liquor Commission considered this matter on April 6, 2023 and voted unanimously to recommend approval of the variance.
BACKGROUND:
Star 7 is a package liquor store located at 10300-10350 State Route 59 commonly known as Saddlewood Commercial Complex.
Under the Naperville liquor code, package liquor licenses are generally relegated to large shopping centers unless they are grandfathered in as having been established prior to the package liquor licenses regulations that contain shopping center square footage location limitations.
Star 7 has a Class D package liquor license that requires that premises be in a shopping center containing at least 60,000 square feet. Star 7 is currently in a shopping center that contains less than 60,000 square feet.
Star 7 was established as part of the Saddlewood Commercial Complex development that was annexed into the City in 2006. The annexation agreement contained a grandfathering provision allowing for the issuance of the Class D liquor license to Star 7 irrespective of the fact that it was not located within a qualifying shopping center. The annexation agreement grandfathering provision was for a fixed term and did not allow the continued operation of a liquor store beyond April 30, 2019.
On January 15, 2019, Star 7 petitioned the City Council for a variance to the Class D - Package Store liquor license square footage requirement so that Star 7 could continue to operate within the Saddlewood Commercial Complex. The City Council voted unanimously to recommend approval of the variance.
Recently, the City was contacted by Irene Bahr, an attorney fo...
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