File #: 24-0030    Version: 1
Type: Ordinance Status: Agenda Ready
File created: 1/5/2024 In control: City Council
On agenda: 1/16/2024 Final action:
Title: Waive the first reading and pass the ordinance amending Section 3-3-11:1 of the Naperville Municipal Code to keep the cap on the Class C - Tavern liquor license at four and pass the ordinance approving a variance from Section 3-3-11:1 to issue a Class C - Tavern liquor license to ZSRM, Inc for the business located at 634 E. Odgen Avenue (requires six positive votes)
Attachments: 1. Pepe's Variance Request, 2. Class C ordinance, 3. Pepe's Variance 2024, 4. DRAFT Liquor Commission Minutes 1_4_24
CITY COUNCIL AGENDA ITEM

ACTION REQUESTED:
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Waive the first reading and pass the ordinance amending Section 3-3-11:1 of the Naperville Municipal Code to keep the cap on the Class C - Tavern liquor license at four and pass the ordinance approving a variance from Section 3-3-11:1 to issue a Class C - Tavern liquor license to ZSRM, Inc for the business located at 634 E. Odgen Avenue (requires six positive votes)
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DEPARTMENT: Legal Department

SUBMITTED BY: Jennifer Bonner, Senior Assistant City Attorney

BOARD/COMMISSION REVIEW:
On January 4, 2024, the Liquor Commission considered ZRMC, Inc d/b/a Pepe's Restaurant and La Cantina's ("Pepe's Restaurant and La Cantina") request for a Class C - Tavern liquor license and unanimously recommended City Council approval.

BACKGROUND:
The Class - C Tavern license is a combined liquor license, which allows for the on-premises consumption of alcoholic liquor and package sales of alcoholic liquor for off-premises consumption. It does not require the service of food. Currently, there are four Class C licensees: Judd Kendall VFW Post 3873, located at 908 Jackson Avenue, #02; Miss Kitty's Saloon, located at 634 E. Odgen Avenue; The Lantern, located at 8 W. Chicago Avenue, and White Tavern, located at 423 E. Odgen Avenue.

The Naperville Municipal Code provides that the number of available Class C - Tavern liquor licenses are automatically and simultaneously reduced by one upon revocation, non-renewal, or termination of a current license. It also requires a super majority vote of City Council to increase the cap to allow for issuance of a new Class C - Tavern license.

The Class C - Tavern license also requires that premises be in a shopping center containing at least 60,000 square feet unless the licensee is grandfathered in as having been established prior to the square footage location limitation.

DISCUSSION:
In 2022, Heinen's Grocery Store purchased the strip center at 1200 E. Chicago Ave. (Butera plaza), and it i...

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