Good afternoon and welcome to the February 5th, 2026, Naperville Liquor Commission meeting.

Roll call.

Cherico.

Here.

D.

Cunzer.

Here.

McGurry.

Here.

De Joya.

Here.

Worley.

Here.

Our first order of business is public form.

If there's anyone here to speak on an item that is not on the agenda, please come forward now.

Seeing no speakers, the next item on the agenda is old business.

We'll start with D one, which is the meeting minutes.

May have a motion to approve the meeting minutes from the January meeting.

So move, Chericho.

I second.

Okay, we have a motion and a second.

All those in favor sign aye.

Aye.

Aye.

Opposed.

Motion carries.

D two.

Consider Taste Bud's kitchen request to increase the cap on Class M recreational license by one.

Is there a rep from Taste Buds here?

Come on down.

Hi again, everyone.

Uh Jackie Burton here for Taste Bud's Kitchen.

Okay.

So we are having you back.

I think this is a clarification.

Is this correct, Counselor?

On the proximity to a educational facility or something.

Right.

So I just wanted to double check the state law and the uh proximity to the daycare.

And I looked, and I I think it's fine.

So it's up for consideration now on whether to make the recommendation.

Commissioner Sherko.

Mr.

Mayor, um, based on the presentation from the last meeting.

Is there a second?

Second.

Mr.

Mayor Sherk.

Yeah, sure.

I'd like to make a motion to uh uh approve the request uh for recommendation to the city council uh for the increase in the class um recreational license by one.

Okay, we have a motion and a second.

Any discussion?

Commissioner DeJoy Okay.

Uh roll call.

D.

Yes.

Cunzer.

Yep.

McGurry?

Yes.

De Joya?

Yes, Chau.

Yes.

Okay.

So that recommendation will be an affirmative one to go to the City Council.

And it will, because it was unanimous from the liquor commission.

It will go on the consent agenda at the February 17th meeting.

We'll follow up with you just to give you additional information.

Um, as those captain will send you the information once we have it on the agenda.

Okay, okay, great.

Thank you, everyone.

Thank you.

Thanks for your patience.

Hi, Sherry Pazinski for Hymans.

Ma'am, we're gonna have to have you get really close to the microphone.

They are very not sensitive.

So you gotta really talk to uh very closely so everybody can hear you.

Better Sherry Pazinski for Hynans.

Okay.

You can go ahead and proceed and uh tell us what you'd like to do.

All right, we would like to extend our um consumption of alcohol to our outdoor patio, which is continuous to our cafe area.

We have cafe seating currently in our Heightens grocery store where the consumption is of our uh craft beer, which is um Cagrat air craft beer and our Cruvine wine system, which you can drink throughout the grocery store and in our cafe area, and we have um sliding doors, which we extend for an indoor-outdoor experience.

However, you cannot extend the alcohol into this experience outside, which is an enclosed patio.

It was always our intention envisioned that way, but our liquor license does not allow for consumption out there.

So we would like to amend to allow our customers to bring alcohol into that enclosed patio area, which is we I think with the documents there would require us to add a fence and a gate to enclose the area.

Do we have a pick pictures of that as well?

Do I have to this one?

Nope.

So this picture shows the direction of those sliding doors, which are manual, and we keep those open.

That's the direct area where the cafe already is where our customers are sitting and enjoying their wine and beer, and we keep that open in the nice weather, and this also shows exactly where the gate would be located.

Commissioner Cheriko.

Is that a camera up on the that's sort of circled there?

No, that is actually a circle of the light fixture.

Oh.

So in the evening, this is a lit area.

Okay.

Are there cameras out there?

Um we are, I think the proposal does show the placement of cameras.

We did not at installation have cameras, but we are adding cameras to meet the requirements to have this area under surveillance.

Um that shows the rest of the boundary of it.

Yes, we do.

I'm not familiar with your system.

Yeah.

So that's the drawing.

That's the drawing.

Yeah, that's the drawing.

Oh my goodness, it's the same thing over and over again.

Do you have a better drawing?

Really, I think they just have the drawing and uh from from memory.

Um I've been there and I'm I can't remember, but it I felt like this area was already sort of contained by these flower beds.

They are.

There is the secondary image.

Can I hand you an image?

Pardon me?

Can I hand you an image?

Yeah, that'd be fine.

Yeah.

So I guess Mr.

Mayor, I'm wondering, because I feel like some of our outdoor um licensees have something very similar to this as the enclosure.

And I just I I guess I wonder, do they have to do anything more?

Or do we have do you know the height of the fencing?

The stone wall.

Yes.

I believe it's 30 inches.

And we're proposing to add the uh wrought iron gate for the opening.

Okay.

Um, and then there is also planting in those the brick wall is a planter with live plants that extend above there.

Commissioner Cherco, Mr.

Mayor.

Um I kind of feel like this is very similar to several or at least a couple of the downtown outdoor seating uh layouts where they have dividers that are planters about 30 inches high or thereabouts.

There are a couple of openings uh in in one case I know for people to sidewalk for people to walk through.

So I I kind of feel like this meets the as it is without having to fence it or gated unless it's their desire to do so.

But I don't know if it's I think it's sort of meets the requirements as it is from my viewpoint.

And counselor, we don't have any specified height restrictions, or do we in the code for a barrier?

You know, we did it, but then I thought that Ted was looking at creating more uniform standards for fences for outdoor seating.

So I would need to double check to see if that was implemented or not.

I think um they do have that open area, and I think one differentiating point between outdoor areas and the downtown and this might be I'm not sure what kind of supervision right now.

The license requires a basset trained employee to supervise you know the area within the shopping center, and I'm not sure if they're seeking a text amendment if there's gonna be someone supervising this area or not.

I think that's a consideration for the fencing if someone's gonna be supervising it because the outdoor areas in the downtown are normally like restaurants where employees are coming and going.

Would be right.

And just to so we're all on the same page here.

You've got the brick wall, but there's a landscape and bedding in front of that brick wall, which is going to make it even more difficult for somebody to jump over the brick wall and and all that stuff, right?

Correct.

The brick wall has landscaping in it and above it, and then the one opened area we saw in the picture is where we're proposing to put that gate.

Yes.

Okay, Commissioner Cherico.

Thank you, Mayor.

Um, I don't want to hold up their request here or ask them to come back for something like this, especially if they're willing to do it.

But I guess what I would suggest is that uh I'm I'm prepared to make a motion that would be uh subject to uh Ted's approval uh upon a site of inspection that uh it can either be done with or without the uh the additional gate or fencing, and that what you've got providing Ted is a as approved it would be adequate.

Uh in either event, I'd be willing to put a motion forward to approve on that basis.

Is that um reasonable commissioner commissioner Cherick, would you also be willing to add uh some sort of requirement for the CT CCTV monitoring uh of that area to be implemented as as part of it?

Yep, okay, Mr.

Mayor'd like to make a motion to approve the petitioner's request uh based on the presentation, um, including uh security cameras being placed uh in the outdoor area and uh fencing uh if required by Ted.

Okay, we have a motion from Commissioner Chericho.

Is there a second?

A motion and a second, any further discussion?

Seeing none, roll call.

Cunzer, yes, McGurry, yes, Dejoia, yes, Chericho?

Yes, D.

Yes.

Motion passes.

So this one may or may not be ready in time for the February 17th meeting, counselor.

I have some additional questions that I need to follow up on offline just to see if we need to tweak the license a little bit, some of the requirements in there.

Um are you going to be able to wait to the first meeting in March?

When do you anticipate starting outdoor seating?

Um, we currently have outsourced seating and we have signage that no alcohol is permitted outside.

Um, I just I was wondering if you could wait until the first meeting in March for the liquor service outside, or if people are sitting out there now wasn't sure what the weather um no, we will absolutely wait the first week in the march is fine.

Okay, all right, great.

Thanks.

Yeah.

Thank you.

Thank you.

Mr.

Mayor Commissioner.

Um is this going before City Council?

Does this have to go before city council?

Yeah, it would be a text amendment.

Oh, I see.

Going to city council.

Okay, gotcha.

Thank you.

All right, next item is E2.

This is consideration for clarified kitchen.

And I am going to recuse myself on this discussion uh due to a partial ownership on the premises where the petitioner plans to lease.

And I'm gonna turn things over to Commissioner Cherico, who will run this portion of the meeting.

Thank you.

Okay, if there's uh presenter here from Clarified Kitchen.

So if you do oh perfect, just the keep going.

Keep going, keep one more.

That one.

Yeah.

Yeah.

Hi, everybody.

My name is Cindy Hyatt.

Mr.

Ruben.

I am the chef owner of uh Busy Butternut Catering and now Clarify Kitchen.

And big thank you to Mr.

Mayor for coming out.

We did our ribbon cutting last night on the building.

And we also have a big fun grand opening party tomorrow night as well.

So we're very excited to be there in our new space.

So for a very long time, I I've actually owned Busy Butternut Catering since 2005.

So over 20 years we've been catering, and we've been renting space out of a church in downtown Naperville for a little while, and we've been under uh construction for about four years now on our space, and we're just so excited to actually have a home for Busy Butternut catering.

But on top of that, there have been so many people in all of the times that we've been catering and we go to their homes that they say, where can we come to you guys?

Can uh we do host a party at your space?

And so when we were uh under construction and when we were building out the kitchen, uh at that point we said, you know, we we've got to have a little spot where we can at least have maybe 35, 40 people in our space that if they want to uh take cooking classes or do a charcuterie, you know, a wine tasting party or a little uh we could have a guest chefs come out to do uh some pop-ups, and so thus became clarify kitchen.

So instead of just building a teeny tiny little uh, you know, kind of a ghost kitchen, as they call them for our catering company, we decided to really go full force with it, and we have about a 5,000 square foot warehouse uh on the corner of Quincy and Ogden, right behind the old Nabisco factory, and uh we're again just so excited to be over there, and so really what we want to do is uh be able to host events, and of course, with those events, we'd love to serve beer and wine uh with any of the uh baby showers or bridal showers or whatever the event may be, birthday parties.

Uh we've hosted a m uh many um uh I was gonna say meetings there.

Um so it's really just a uh kind of a universal space for lots of different things that could happen there, just a fun meeting place to do uh a lot of neat things in the community.

Um and this is Ruben Validez, our culinary and bar manager as well uh for Busy Butternut Catering.

So he's kind of my partner in crime, and uh he's the mixologist with all the the alcohol knowledge.

Okay, thank you.

Umgratulations.

Thank you.

So I spent a long time in the making, so we're very excited to yes, finally have a place to call home.

That is very exciting for you, and uh I've had the pleasure of enjoying your products a number of times, and you do an excellent job.

And of course, uh uh Ruben has been around uh for many many years as well.

That we've you make me sound old, Steve.

You make me sound.

But I was gonna say that uh we've seen each other a lot.

So are there any questions or discussion on this item?

All right, not if I can have a motion.

Commissioner McGurry.

Wanna give it a ring?

I'll give it a ring.

I'll make a motion to we're gonna add clarify kitchens request to increase the cap on Class M recreational license by one.

Does that make sense?

Yeah, look at me.

I'll second second.

Okay, and when you call second, just uh state your name afterwards so the so they can record it properly.

All right, we have a motion and we have a second roll call.

McGurry.

I the Joya.

Aye, uh Jericho?

I D.

Yes.

Cunzer.

Aye.

Motion carries.

So this will go before our city council.

This is a recommendation for approval.

Um again, since it's uh a unanimous uh uh support, it'll go on the consent agenda, which is a block of different items that will all be on the same uh item right near the beginning of the meeting.

So as long as they don't pull that out, uh it'll just be approved with a bunch of other stuff.

Okay.

Thank you guys.

And yeah, we had the ribbon cutting last night, but tomorrow night's the big party starts at four, goes all night until whenever we have to.

We were sort of hoping up here that you're gonna bring a charcuterie board or something, you know.

See, I told you we should have a big one.

I shaved and said no brides.

Absolutely, thanks to the very much.

Uh if someone can get the mayor.

I send them home.

Probation.

Item A three receive the report on mobile ID.

Detective Crichton.

Okay, uh the state passed this in January 1st at 25, and they got right to it on November 19th of 25.

Uh mobile IDs, a couple things.

I just pulled this right off of their uh newsletter that they send us, and all the um also all the liquor establishments in town will get this.

Uh make an age verification more convenient for the patrons.

Uh what it basically is is it's a digital form on their um their app through the Secretary of State's office.

Um could be used uh TSA checkpoints, Illinois, and then uh airports nationwide, and then of course, uh for our application, our bars, restaurants, taverns, and whatnot.

Uh a couple things that about the uh mobile IDs.

I've gotten a lot of questions from businesses uh asking if they have to have to accept it.

The answer is no, they do not have to accept the mobile ID.

We just always caution them as a city any policy they they enact that they stay consistent on it, don't accept mobile IDs half the night and then not half the night.

So we just we just encourage uh uh consistency to protect them from litigation or anything.

But no, a business does not have to um accept a mobile ID if they don't want to.

Um people still are required to carry their physical ID or have their physical ID on them, so it's not a complete um recovery or you know, for the for the physical driver's license, they still must uh they still get one from the Secretary of State and they still must keep it.

Um there it is, no mandate accepting the mobile ID.

It's optional.

Uh is it legal to sell alcohol to customer that provides a mobile ID?

Yes, it is if they decide they're gonna take it as a business and they can accept that mobile IV uh ID.

Um can bars, restaurants, music venues aside, only accept mobile IDs.

No, if a licensee wants to uh have their physical driver's license, that's always gonna be uh or or state ID that's always gonna be a legitimate uh form of ID.

Uh they're only on that uh Apple platform now.

They're working on an Android, so whenever the state gets that up and going, they'll have it on the Android.

Uh if I decide to accept mobile IDs, build a form, what device or software, just the Apple for right now.

Uh and has any official guidance policy or training been issued to people?

Yes, they all get the same uh information that we get, uh the newsletters and stuff to all everyone on the uh Secretary of State's list of uh liquor licenses get this.

I was gonna say one more thing, and I just lost it.

I'll get back to you on that.

I'm losing it because I can't remember.

But that's oh, okay.

Um so when they have the mobile ID, just so you know how it works, uh, you'll see people working.

Um I downloaded the scanner thing, even though I won't use it, it'll be for bars and restaurants and stuff like that.

But the patron comes up with their mobile ID, they have that on their phone, and then there's an app that I downloaded it at the restaurants and bars that accept it, they decide to accept it, then they have an app on their phone that they scan to confirm that it's a legitimate uh form of the app.

So I'm I I have not tested it on a mobile ID, but I do have it on mine just in case we run into it.

Um maybe officers on the street will too, that they can decide if they want.

They all have uh work phones, so they can put it on their work phone if they want, but uh it's gonna be for the for the bars, restaurants, and bartenders and bouncers and whoever.

So any questions that I might be able to answer?

Commissioner McGurry.

Yeah, Mr.

Mayor, uh detective.

Um I'm assuming the officers know that this exists at the PD.

Yes, this is I could just see 10 o'clock at night and you're getting calls at home going, what is this all about?

Yes.

Okay.

I would answer though, because uh liquor is my life.

Um yes, they they they all have been notified that this came out and is up and running and active.

Commissioner Jericho.

Have we done any uh outreach to the uh license holders on this to um I mean I know that they were all sent this, but you know how that works.

But I mean, is have we done any outreach or is this something that we might want to put on our uh annual uh meeting, mandatory meeting that we do a little presentation on that so they understand what's going on?

Yeah, we're doing two uh one at the end of February and then one at the beginning of March, uh the special events and all that where all the liquor licenses come get their thing and that'll be part of that.

Okay, they also get this, however, though, in the uh state basset.

This is updated in a state basset class.

Okay.

So they're they're getting it plenty.

Um, and and I've probably had well, pretty many uh restaurants or bars call me and ask me, hey, do I have to accept it?

What's going on?

Yeah, I know it's out there.

A couple have asked me as well.

That's why I was yeah, yeah, they uh a lot of a lot of them are kind of uh hesitant, I think at first, but I think as it as it builds, people like the convenience, I guess.

I mean, I'm a physical holder, but maybe just a dinosaur, but I think people will will continue.

And I've not seen it used yet.

I thought it was just a visual thing, like an ID, but you say it actually gets scanned into uh another Apple phone and the app and it reads it and download it.

Yes.

We have a mobile ID up there already?

Yes, we're we're checking IDs at the DIS right now.

I was kind of wondering about the age there, but uh, but yeah, then you pull hold your scanner up and then it it uh tells you if it's uh legitimate or not.

The important part I was already telling this in our our special events last year because I didn't know when the state was gonna, you know, it passed January 1, 25 is when it started.

I didn't know when the state was gonna get it up and running.

So I was teaching it in the I mean teaching it, mentioning it in my uh special events classes.

Hey, uh you might run into this mobile ID, and then you folks decide like I know the settlement because it was new, they were like, nah, we're gonna we're gonna stay away from the mobile ID for now just because it was new.

So I think with anything new, people are a little bit hesitant, and then as we go along, it gets gets uh so I I think one of the the big takeaways here is it's optional for our licensees to choose to recognize them or not, uh meaning that if you have a physical ID you should still bring it with you if you uh go out and expect to get served.

Um there have been a lot of questions that I've fielded, and I know you, Detective Crichton have fielded from licensees specifically with the requirement of them having to download apps being the licensee uh or their bartenders or security people or their servers having to download apps on their phones in order to check the IDs they've complained about it's slowing down their processes and their employees being um uh not too excited about having to download apps on their on their phones for reviewing people's IDs, and at the same time I've heard from members of the public with concerns about presenting their ID in a digital form to somebody else who's using their personal phone to check it.

So there's there's a lot of questions out there, and I think uh at this point, my best guidance for anybody would be to bring both your physical ID as well as a digital ID, and just hope one of them works.

Yeah, I agree.

I'm a physical ID holder myself, I'm not techie.

So, but I think just again with anything new, people are hesitant, and as it as it goes.

Um like the millions in crypto that Commissioner McGurry has, he was hesitant at the beginning.

So now he's now he's got the millions.

All right.

Uh Commissioner DeJoya.

I had a quick question.

Do you know if the app if someone were to take a picture, not download from the um state, but if you take a picture and someone forwards that picture of their ID to someone else, does this app verify if it's a picture or if it comes straight from the Secretary of State?

Yes.

So when they're the person that's holding the scanner, a picture would not scan correctly because it wasn't the app.

And uh just to touch on that, a picture of an ID is never a valid form of ID.

Okay, I don't know if maybe so yeah, so they should, if they're doing it right, if they have a picture and they scan it, it should not scan because it's only the picture.

Okay.

Whereas if the app is actually open, and that's what I cautioned before settlement decided not to use them.

That's because that's most of our festivals, is make sure it's on the state app.

So that that's another hesitancy thing is is it a is it on the app?

Is it a picture?

I think that's where the state went with the the additional scanner, which brings up the concerns that you said, and I agree with that.

I would be a little bit hesitant too for someone to be scanning my phone and get my millions.

So I mean we're we're always running into that, but we'll we'll continue on, see how it works, and I think it'll just ramp up.

Commissioner Sherkel.

Yeah, the flip side to that though, is that there's a little level of protection for a for a business owner licensee to you know, say, hey, look at everybody in here isn't you know has been verified.

There's no more of this uh checking to see if it's a fake ID or checking to see if you know I mean I guess I guess someone can still give their phone to somebody else and maybe get in that way, like passing uh a driver's license to an underage kid, but I don't know, maybe there's another level of uh of accountability there or something to have that recorded and it's in the system and I don't know.

Sure, sure.

A little big brothers too, I suppose.

Sure.

No, I I'm with you.

Uh if they were a hundred percent all that device all anyone could also, you know, a little Johnny came in with his.

So it yeah, I mean I it just be a learning curve, basically.

Yeah.

Okay.

Well, good to know.

Thank you.

Chef, uh, come on over to the podium real quick.

I I think you had a quite is it related to this?

Yes.

Okay, okay.

Step on over next to Detective Crichton and um having traveled a couple weeks ago.

I actually got the opportunity to use this uh going through O'Hare.

And actually, when you present your card, it doesn't show anything, it just shows you know, state of Illinois and shows Lincoln on top of it.

You take it to the RFID and then it reads it and it comes up with the picture, and then TSA will look at that and also have a camera in front of them to verify the picture that is on the license and also the one that is actually the front facing.

So I don't know how they would do it locally as far as for like that with like an app or something like that, but it's it's pretty good.

And they the notification came to me, you know, this was used at TSA, at TSA.

It tells you when it was used.

So as far as for security, so far it's been pretty secure.

And as far as for the readers, I'm not too familiar about that.

I don't think we're gonna be having the nightclub ready until summer anyway, but when we do start doing that and checking IDs, I definitely would look at this as being as something that would just be propelling us into the future as far as for like it's so much easier because you can spot fakes as uh as the uh commissioner de joya was saying, people have been trying to take photos of it and do something like that, which of course they always catch, but this is something that it seems right now pretty um pretty foolproof.

So just want to let you know as far as for like somebody else using it.

It's been it's been pretty successful from what I've seen over at TSA.

And it does make you go through a lot more because they're not fumbling around trying to get you just grab your phone, do it, and then just do it right there.

Thank you.

Thank you.

All right, let's go with uh tobacco fines report.

Detective Creighton.

Sorry, tobacco.

Oh yeah.

Sheb put together a big fine comparison thing.

Uh I'm obviously not gonna read through them all, but we had spoken last time, remember, because of upgrade or uh increased or repeat businesses.

We wanted to look at maybe other towns surrounding fines and suspension structure.

So you'll find all of that in your uh in your packets.

I did uh Joliet and Aurora and then Sheb had to up sell me or outdo me or whatever, and she got a bunch of other uh towns.

So there's stuff in there for you folks to look at and decide if if you wanted to uh change our our our structure at all.

I think one thing that would be beneficial as the person doing the checks all the time and getting the repeats is uh maybe uh something to consider is a stronger suspension component.

So if you do get a repeat two or three that we can get the suspension quicker, because I think that'll that'll get their attention a little bit uh more than the fines.

They seem to have, as we discussed last time, just pay the fines and move along in better news or in the same news, we uh rechecked the two stores.

This is something that we changed about last year after discussion with with you folks on the commission that we would recheck the businesses that fail within a couple weeks to about a month, and we recheck the two that failed in December.

We uh did it in I think January, mid-January, and both of the stores passed.

So at least a couple weeks later, after they failed, they did pass.

So it's a good sign, I guess.

Everyone see where that fine structure is if you wanted to run it through, it's somewhere in the agenda.

Counselor Bonner.

In discussing that tobacco fine structure, I think one of the issues um in the interpretation is the fact is that we do the com tobacco compliance checks three times a year.

So I think we need to modify the fine chart for how close in time we want the fines to be.

It's really difficult to read right now.

So if someone fails in the first quarter of this year and then doesn't have another violation until next year, are we keeping the initial thousand dollar fine or are we increasing the fine?

So I feel like we need to have better specification on the time limits for considering considering the elevated fines, because I've found in uh you know we did have one business that you know did it every time, but sometimes there are lapses where they don't fail a check.

So I think we need kind of a clear structure on you know, these are the amount of violations for this year, and then if they violate next year, is it an increased second violation or is it going back?

And you know, how many years out?

Do we no longer consider it an elevated fine?

I think maybe we need clarification on that in the fine chart.

I think that's one thing that I struggle with.

The chart is not very clear on that.

Yeah, just to touch on that, so you guys know we we follow the state of Illinois, the Illinois Department of Human Services schedule on these tobacco compliance checks.

It's uh tobacco enforcement program.

So we do our first fiscal year round for like 26 is actually in December of 25, and then inner around March, we do the second round, and then in or around May, we do the third round.

So that's what I think counselor Bonner is talking about is you know, the first one is in December of the year before.

So then when we have two repeats, how do we coincide that with our fine structure?

So but that that schedule I believe, unless the state changes it, it'll it's been like that since I've started in this position about five years ago.

Commissioner Cherco.

Uh thank you.

Uh detective, so this is a violation that's issued to the individual, right?

These checks versus the violation that's issued to the licensee.

No, this is actually for the sanction that the city does that councillor bonner will draw up.

We initially on a violation, we issue the clerk owner, whoever sells the tobacco product, we issue them a city ordinance citation.

And those fines are structured up in DuPage County.

So that person goes up almost like they were uh got a speeding ticket.

Okay.

They go up in front of a judge and our prosecutor locally.

This structure is for the sanctions that the city puts on the actual tobacco licensee.

So we would require the owner then to uh take a tobacco education program.

Is that how the licensee?

I believe that portion of it that you see in there, and I was gonna touch base with Chab, I'm not sure.

I think that's for possession.

That's I think that was I did notice that that's a separate um component because we have never even discussed uh in an uh education program.

It might be in the code, like Divi Down and Counselor Bonner probably can she scrolls through that more than I do, but we're more fines on the um on the licensee.

We're sure or uh counselor Bonner.

Yeah, so um for clarification, Commissioner Terrico.

So we have one thousand um to five thousand for each offense, um, just based on the chart, the underage sales, those these are the code fine ranges for the individuals.

The is that the portion of the chart that you're referring to?

Yeah, those are for the individuals.

So that would be what the clerk who he was talking about is cited to this portion in this chart is related to that.

So that would be their fine for that.

This is still what we follow for the correct.

So that's the licensee.

So the issue that I have if you look at the chart is it has like years, but then it has like first, second, third, fourth.

And it's not clear if you get like in your second year, if it's a first violation, or if you count the previous year's citation and then do an elevated fine in the second year in the way that it's written now.

So I'm not sure what the intent was for the time period for the years.

Does that make sense?

Yeah, so if it and also if it's a calendar year versus a running uh what would you call it?

A I guess a uh a term of a year.

Right.

So I'm not sure how we want to, you know, count a year if we're counting from you know the date that we issue then the citation a year from then, if that's year one, yeah, or if we wanted to do the year of the tobacco license, or if you know, just because we're only checking three times a year, I know NPD is now going out and doing additional checks.

You know, someone's not gonna really get four violations at a year if we're only checking three times.

So that's just some some issues that I've noticed with the chart that we currently have.

I I it was my understanding that it was between violations.

Is it yours as well?

Yep, yeah.

So, like if you in April got a violation, and then you know, within the next year from April, the April of next year, if you got two more, that's three.

And that's how we've been doing it, but then in order to have you know, but then at the end of the year, so say you have three, and then you have one in the next year.

Are we going back to the initial?

Because that's how we're doing it, but then it's kind of hard because technically they're continuing to violate.

Do you understand what I'm saying?

And so if they got a fourth one in May, right?

We're counting it as like a thousand dollar fine, but really it should be maybe an elevated fine.

No, if they got a fourth one in May, you still go back a year and you pick up the other two that they picked up.

Yeah, that but I'm saying like it should really be like a fourth violation because really they failed like all the checks.

Do you know what I mean?

Well, that goes into year two.

If there's a fourth, the fourth violation will be picked up in the in the next year.

Right, but so what happens though is sometimes the to the tobacco checks are not within that same year, so the fourth check will be outside of that period, if that makes sense.

So then it's hard.

Well, I'll still give them an elevated.

So we've had a few where they've gotten a six thousand dollar fine because it's been right outside where the first violation hasn't been within that year.

So if we want steeper penalties for then, we might need to say, you know, if you get this amount of violations in year one and two, because I know that the consideration was maybe we wanted steeper penalties, and I think that's an issue with the penalty structure.

And I think one of the reasons we're having this discussion is um while our tobacco licenses is stabilized and it and we haven't seen some huge swing on increase of tobacco licenses within the city.

We are seeing a significant number of citations that have been issued for sales to underage buyers over the last several years.

Nothing else has changed.

I mean, we've continued with the same um spot checking of the the uh licensees, but the failure rate is much higher than it ever was uh in in years past.

I I don't think that's anecdotal.

I think that's something we've um uh continued to see ramp up.

So with that in mind, I mean we have tobacco dealers that have never been issued a citation in the history of their licensure, yet we have other ones who are repeat offenders to the extent where this is just like a cost of doing business and they pay the fine and they go on.

So I think the idea here is to try to address those who are using this as a cost of business and and ramp up whatever penalties are so they understand compliance with our ordinances is not optional.

We we have to have people compliant and doing the right thing to protect people from underage sales.

So that's that's the premise of what got us to this discussion today, and if that means we have to take a look at the penalty guideline chart and uh analyze it with the mindset that we have people we exploiting it at this point, then I think that's what we got to do.

Go ahead.

Yeah, I think you're you're spot on, and um I I so zero to a thousand dollar fine on one first violation, I guess is just jumps out to me right away now.

I don't know what we normally do if we do a hundred bucks, or if we do five hundred bucks or zero technically, is that a good story?

So maybe we do have to re-look at this and make some adjustments, maybe some clarifications as well.

Uh I'm I would suggest that we recommend uh S staff to take this back and maybe tweak it uh based on the discussion.

Yep.

Counselor Bonner.

So we have been issuing just thousand dollar fines for the first violation as a point of clarification.

And for the second violation, we've been issuing 2500, and then when it gets to the third violation, we've been doing the 5,000 where we've been in getting a little bit tricky as we've I think we had two one or two businesses that had um a fourth violation, but it was technically right on the cusp of where it's in the new year, but we did still go back with this, and then we went with a six thousand dollar fine.

Um just because it was a little bit slightly outside of the year.

We haven't had those repeat offenders in the past few checks, but I do think you know, maybe we just need to tweak the chart to say these are like the minimum fines instead of having the range, so it's clear, and then also maybe addressing that back when it's maybe slightly over a year where the check isn't in the same month, if that makes sense.

It's just a slightly long, but they're still continuing to violate to address those situations would be uh something that I think we should consider.

Yeah, detective, is there anything on your end that you think that could be done?

I'm sorry, go ahead.

Detective Crichton.

I think maybe increase the availability of a suspension might get their attention more than the money, as the mayor said, and as you uh also we dealt with when a couple years ago, they just pay the fines, they just pull out the money and pay it.

So um, you know, maybe if we were to shut them down for seven days or something, I mean I don't know, but I think maybe increase the possibility or potential of a of a timely suspension.

Okay.

So counselor Bonner, you got enough to go back and work with us on uh trying to tweak that and bring it back for another meeting.

Yeah, I just want to put one point of clarification that we do want to keep the chart form for the violations, or do we want to consider just moving into you know, like first, second, third, fourth.

Um I guess I could get present different ways, and then we can consider at the next meeting.

Great.

Okay, next item we're going to reports, DUI report, Detective Creighton.

Okay, we got an updated for November DUIs.

Uh up to 17, we had 13, and then there were some stragglers that uh city legal comes up with um after so we went from 13 to 17, and then that was for November, and then December we went from uh 17 in 2024 DUIs to nine in two thousand and twenty-five of December.

Then that brings us to the total for the year was two thousand and or I'm sorry, two hundred and fourteen in two thousand and twenty-five compared to one hundred and seventy-three in two thousand and twenty-four.

That's a decent increase, not decent in a good way, um, but uh about twenty-three percent, if I did my math correctly.

Percentage-wise, it sounds kind of bad.

Um, I'm still obviously we want zero, not realistic, but uh two hundred and fourteen for the year is still a how do I say this reasonable number in the sense that it's not up in our six, seven, eight hundreds like back in the day.

And the reason I say that is I know the grants still come out for the officers to go look for DUIs.

It's still pushed on the in the roll calls by supervisors for DUIs.

Um, so it's not like these numbers are lowering because they're not looking anymore.

I I the grants still come out, the officers are still out there.

So again, you always want zero, but uh the two hundred and fourteen is not terribly troubling.

So Commissioner McGrey.

Thank you, Mr.

Mayor.

Uh detective, I noticed um in the report that one establishment had three um DUIs come out of their their their place.

Yes.

Any thoughts on that?

Yeah, that's troubling for one month.

Um again, those reports officers, for those who if you don't remember, when when someone is brought in on a DUI or us, there's a form that the officers are asking questions and interviewing the folks.

Obviously, we don't turn them upside down and shake them until they answer, but one of the questions is where where you are coming from.

So maybe 25% people will tell you where they're coming from.

And in this case, when they updated there were two repeats in the November report again in a month period, minorly troubling that two mentioned they were coming from a place, but not you know, up there.

Now we get three in one month that that deserves a uh visit to the general manager, which I will do at this establishment.

I spoke to the mayor about this, and uh we both agreed that the general manager will be having a meeting.

Excellent.

Um tobacco report.

Tobacco was just the uh the two rechecks that we did for the uh two failures in December.

We did the two rechecks in this uh January and they both passed.

So hopefully they'll stay that way.

Naperville Liquor Essentials class.

We got 43 people through January, and uh we'll probably see that number start to rise maybe um March, April, May when people start hiring for uh seasonal stuff.

So we'll see those numbers hopefully kind of increase.

We always did before with the Bassett, so hopefully we'll just see the same people hiring and businesses flourishing.

When does that would will you update that class uh based upon any new curriculum every year, or how does that work?

I update it anytime you folks come with something new or the city council.

So if anyone comes up with something new, uh new ordinance or anything that changes, we will update the it's a pretty easy even for non-tech e-me to get on the um power DMS and update it.

But that's uh again only specific now to Naperville because we let the state do the state bass it.

So as we discuss with the mobile IDs, that's in the Illinois Bassett class.

We'll bring it up in the in our presentations to our liquor licensees at the annual thing, but it it is covered in Bassett.

So anything new you folks come up with, we'll put in the uh presentation.

It's still only about 15-20 minutes, depending on how quick you click through.

Liquor concept in January, the liquor concept meetings.

Uh we had sorry, we had three meetings in January.

Um tempton Indian Fusion was seeking to change from a class A restaurant to a class B with late night permit.

Um he should be coming, I think, to a liquor commission meeting.

I have not heard back yet about that.

Um the studios performing arts requested a class R legitimate theater house uh license, and we did send them the application, and then Clarify Kitchen, who we saw today um is request requesting a class M and a rec uh class K catering license.

We did send the class K catering license application, and the class M will be going to the next council meeting.

Commissioner Shirico.

Thank you.

Chad, why why are um why is temptation gonna be isn't that just administratively approved?

Councilor Bonner.

So they have two separate concepts.

So they are a catering company, and so they want to have private events like uh well, not private events, but events like bridal showers and other kind of things at their businesses where they're gonna be using the catering license, but they're also going to hold classes on site where they're not gonna be doing the catering, people will be engaging in the cooking themselves.

And so since there's a cap on the class, I'm a half.

Okay.

His question is about temp in.

I was just going from a class A to a class.

Oh, I'm sorry, tempt in.

Sorry, I apologize.

I thought you were talking about the clerical agent.

Uh temped in, um, there's a cap on the late night permits, and right now there's no license late night permits available.

And so in order to try to go from uh A to a B with a late night.

Correct.

And so they don't want to change until they can get the late night permit because otherwise it's just a crazy cap on the late night.

Yeah, I've had it.

That was my mistake about the first council.

That's okay.

Any other business?

We have a motion to adjourn.

Commissioner Chico.

So moved?

Second.

Commissioner Burger, are you second?

All those in favor, sign aye.

Aye.

Opposed.

We are adjourned.

Thank you.