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HomeMy WebLinkAbout05-19-2014 Liquor Commission Meeting Minutes City of Canton Liquor Control Commission Meeting May 19, 2014 4:18PM City Hall-Director's Room 2 North Main Canton II 61520 In attendance: Mayor Jeff Fritz, City Clerk Diana Pavley-Rock, Attorney Nancy Rabel, Commissioner Mike Freeman, (arrived late) Commissioner poug Manock, Ted Arndt owner of Southern Bar& Grille. Mayor Fritz called the meeting to order at 4:18 pm for the purpose of: Discuss, consider and vote on beer garden license for CSK Ventures Inc, d/b/a Southern Bar & Grille and to discuss current liquor license for Southern Bar and Grille. APPROVAL OF MINUTES OF LAST MEETING Motion and second were made by Commissioner Manock/Mayor Fritz to approve the minutes with the correction in the spefling of Commissioner Manock's last name. The motion carried. DISCUSS THE CURRENT LIQUOR LtCENSE FOR CSK VENTURES tNC d/b/a SOUTHERN BAR & GRILLE. Mayor Fritz explained that the original license was issued last year to CSK Ventures, Inc d/b/a Southern Bar & Grille. Since the license was originally issued the owner changed the business slightly by having the bar under Southern Bar & Grille, but he is leasing the kitchen to JT Smokehouse for the food. Ted Arndt is the owner of the entire building, but does not own JT Smokehouse. Mayor Fritz explained that there are employees of JT Smokehouse that are currently serving alcohol to the customers while eating from the food cooked by JT Smokehouse. The alcohol is received from the bar--- owned by Southern Bar & Grille. Mayor Fritz said that with his experience each entity must have a license for the sale of alcohol; however this could be easily rectified by having the waitress be employed by Southern Bar & Grille that serves the alcohol to the customers at JT Smokehouse. Owner Ted Arndt explained that when he first applied for the license, it was his intention to manage and operate both the food and bar side. Ted explained that he and his wife had some health issues and realized that he would not be able to handle the kitchen too. Ted then decided to get someone to help with the food. Ted further explained that he served on the liquor commission in Peoria for 15 years and does not believe in serving minors or falsifying information. He is being upfront and honest. Ted said that he leases the kitchen to "Jackie" for $600.00. Ted pays the water, heat and all other bills. Ted further said that he could have his bartender serve the alcohol on the restaurant side to solve the problem City Clerk Diana Pavley-Rock asked if the City is legally covered if the alcohol is being served and consumed on the side owned by JT Smokehouse. Ted said that JT Smokehouse doesn't own the restaurant, he is only leasing the kitchen. City Clerk Diana Pavley-Rock said that Ted originally totd her that the kitchen was not just being leased, but JT Smokehouse was leasing the restaurant side. Ted said they just had to have a name for the food, so that is why it became JT Smokehouse. Ted said 1T Smokehouse has his own insurance because they need to have insurance for their food. Diana mentioned that the certificate of insurance has JT Smokehouse with the address of Norris Illinois. Ted explained that JT lives in Norris. Mike Freeman arrived at the meeting at 4:28pm. Ted further stated that he owns everything in building except the kitchen that JT Smokehouse cooks in. Currently they have a class A liquor license issued to CSK Ventures Inc dba Southern Bar and Grille. City Clerk Diana Pavley-Rock said that right after the restaurant opened, she went there for dinner. While talking to the waitress, Diana asked who the owner was. The waitress informed Diana that there were actually two owners. One person was the owner for the restaurant and another person was the owner for the bar area. Diana talked to Ted previously about this conversation. Diana then notified the Mayor and City Attorney. Diana said that she just wanted clarification because the original license was issued to CSK Ventures Inc, d/b/a Southern Bar & Grille. Ted said things have changed since his original application, but he has not falsified any information. He said sometime a waitress might look at the operations differently. Ted said he just had to find someone to lease the kitchen to. Ted said he owns everything in the kitchen, dining room and bar. Ted said the only thing that 1T Smokehouse owns is the name. This was just a way to come up with a way to serve food. Ted said if he didn't serve food he wouldn't make it at all. Ted said he needed something different than just a fish sandwich and wanted to have smoked foods. This is why he had JT Smokehouse come into the business. Ted admitted that he shoutd have said something before now, but said he just failed to do so. Attorney Rabel explained the only issue she has is the serving of the alcohol, but agrees this could be rectified by having his waitress serve the alcohot to anyone on the restaurant side. There should not be anyone employed by 1T Smokehouse serving the alcohol. Mayor Fritz said it could be a bigger problem if an employee from 1T Smokehouse served alcohol to a minor. The issue coutd then be brought back that not only did they serve alcohol to a minor, but they didn't have a liquor license to serve at all. Mayor Fritz explained that Attorney Rabel has asked the opinion from the Itlinois Liquor Commission about this issue; however an answer has not yet come back. Motion and second were made by Mayor Fritz/Manock to accept the internal changes and have the waitress of Southern Bar& Grille serve the alcohol to the customers at JT Smokehouse contingent on anything else coming back from the Illinois Liquor Commission. Attorney Rabel witl draft a letter to Southern Bar& Grille explaining the decision made by the commissioners. The motion carried by voice vote and was unanimous. Commissioner Freeman suggested having an agreement prepared by Attorney Rabe�that would state what was agreed upon by the commission and Mr. Ted Arndt. The Agreement will state that the bartender from Southern Bar and Grille will serve the alcohol to the customers at JT Smokehouse. No employees of JT Smokehouse will serve alcohol at all. Attorney Rabel said she will draft a letter to Mr. Arndt at Southern Bar and Grille and have it served to him. The letter will include language that the decision is contingent upon a final answer from the Illinois State Liquor Commission. Ted Arndt said he expects JT Smokehouse to move out onto his own. If he would move out, the food services would have to go back onto his own shoulders. DISCUSS CONSIDER AND VOTE ON AN APPLICATION SUBMITTED FOR A BEER GARDEN LICENSE BY SOUTHERN BAR &GRILLE. Ted Arndt explained that there is a bar outside, but would not be used unless they had a major benefit. Ted said he doesn't see serving outside any other time, but people enjoy sitting outside drinking their alcohol in a beer garden area and would like a beer garden license. There are some tables and umbrellas in the beer garden area. Attorney Rabel said that according to the statute, if a beer garden is approved, you can serve alcohol in the beer garden area. Ted explained he has had a struggle trying to get customers, but plans on staying until at least December. Ted explained that he would have a wireless phone in the beer garden area. The planning and zoning director John Kunski has looked at the beer garden structure and indicated to Attorney Rabel that it is structuralfy acceptable. Motion and second were made by Commissioner Manock/Freeman to approve the beer garden license and send to Council for final approval. Roll Call: Mayor Fritz Aye Commissioner Freeman Aye Commissioner Manock Aye The motion carried. Motion and second were made by Commissioner Manock/Freeman to adjourn. The motion carried by voice vote and was unanimous. Diana Pavley-Rock, City Clerk