City of Rockford Code & Regulation Committee met Aug. 3.
Here is the minutes provided by the committee:
I. CALL TO ORDER
| Attendee Name | Organization | Title | Status | Arrived |
| Ann Thompson-Kelly | City of Rockford | Alderman | Present | |
| Franklin C. Beach | City of Rockford | Alderman | Present | |
| Joseph Chiarelli | City of Rockford | Alderman | Present | |
| Karen Hoffman | City of Rockford | Alderman | Present | |
| Tuffy Quinonez | City of Rockford | Alderman | Present |
Ald. Thompson-Kelly attended the meeting via teleconference.
PUBLIC SPEAKERS
John Brantley
Mr. Brantley quoted scripture and spoke about the protests that have been ongoing in the City.
Shane Nicholson was not present
II. COMMITTEE REPORTS
1. 2020-211-CR - Committee recommends sustaining the Liquor and Tobacco Advisory Board's approval for the Sale of Liquor by the Drink in conjunction with a banquet hall and restaurant in a C-4, Urban Mixed-Use District at 1536 7th Street (Abigail Arreguin dba Harmony Banquet Hall, LLC/Applicant). Subject to amended conditions. The Legal Director shall prepare the appropriate ordinance.
Scott Capovilla Planning and Zoning Manager, informed the Committee that this item was previously laid over. The location previously housed the Rockford Harmony Singing Society. Mr. Capovilla explained that this is a change in ownership, and the operations will be similar to previous operations. Staff recommends approval of the request subject to conditions. LTAB voted for approval.
Ald. Quinonez made a motion to AMENDED the hours of operation to 10 a.m. - 10 p.m. Monday - Thursday, and 10 a.m. - 1 a.m. on Friday, Saturday and Sunday.
Ald. Hervey expressed her concern with the extension of the weekend hours. She asked about the difference between banquet halls and what she considers to be nightclub settings that are being operated by a private party. Mr. Capovilla explained that banquet halls fall under the "Entertainment" and "Spectator Sports" category. He further explained that there are three (3) classifications small, medium and large. The small and medium venues are permitted in C-4 districts, like the downtown area for instance. If there are over five hundred (500) people, a large venue will be required and a planned unit development. Nightclubs are different and consist of a restaurant, bar or dance hall, is open to the general public, and have an assembly area of one hundred and fifty feet square feet (150 sq. ft.) or more. Mr. Capovilla noted that banquet halls are private, you have to lease them, and the event is open to invited guests only for a specific event.
Ald. Hervey asked if a banquet hall could advertise to the general public. Mr. Capovilla responded that they could not. He also noted that sometimes, advertising does happen and is usually brought to the attention of Staff by the police department. Staff then works with the police department to make sure that the events do not take place.
Ald. Hervey asked that guidelines be put in place for banquet hall operators. She also asked about the guidelines for fundraisers being held at banquet halls. Mr. Capovilla stated that if there were a limited amount of tickets being sold, banquet hall rules would still apply. He stated that Mike Rotolo, the Fire Prevention Coordinator for the Rockford Fire Department put together a list of banquet halls in the City. Currently, there are thirty-nine (39) facilities in the City of Rockford that are classified by the Fire Department as "Assembly Banquet Usage." These facilities are inspected by the Fire Department on a regular basis.
The motion was SECONDED by Ald. Hoffman, and CARRIED by vote of 5-0. Approval is subject to the following conditions:
1. Meet all Building and Fire Codes
2. Compliance with all City of Rockford Liquor Codes
3. The sale of liquor by the drink shall be limited to submitted Exhibit
4. The hours of operation will be limited to 10 a.m. to 10 p.m. on Monday through Thursday, and 10 a.m. to 1 a.m. Friday - Sunday
5. Submittal of a revised site and landscaping plan for Staff review and approval
6. Installation of approved landscaping by November 1, 2020
7. Removal of the railroad ties in the south parking lot and replacement with concrete curbing by November 1, 2020
8. Install site-obscuring fencing around the east, west and south sides of the south parking lot by November 1, 2020
9. Removal of the Harmony S.S. signs on the west and south sides of the building and removal of the marquee reader board located on the east side of the building façade
10. Any future signage must comply with the current ordinance
11. Window display signage is limited to 20% of window area
12. The proposed use and facility is prohibited from having any video gaming machines
13. That the windows shall not be covered with bars or other devices that block the windows
14. Any pending general ordinance case(s) must be resolved prior to issuance of the license
15. All outstanding general ordinance fines must be paid prior to the issuance of the license
16. All conditions must be met prior to establishment of use
RESULT: APPROVED BY COMMITTEE [UNANIMOUS]
MOVER: Tuffy Quinonez, Alderman
SECONDER: Karen Hoffman, Alderman
AYES: Thompson-Kelly, Beach, Chiarelli, Hoffman, Quinonez
2. 2020-212-CR - 1060 West Riverside Boulevard and 3600 North Main Street Liquor and Tobacco Advisory Board recommends:
a. Denial for the Sale of Liquor by the Drink in conjunction with a restaurant and video gaming terminals in a C-2, Limited Commercial Zoning District; and
b. Approval for the Sale of Liquor by the Drink in conjunction with a restaurant in a C-2, Limited Commercial Zoning District at 1060 West Riverside Boulevard and 3600 North Main Street (Fiesta Tequila of Rockford Inc. /Applicant).
Mr. Capovilla informed the Committee that this item was previously held out. The Liquor and Tobacco Advisory Board approved the request for liquor but, denied the request for video gaming. Staff agreed with the Liquor and Tobacco Advisory Board. Mr. Capovilla noted that a new business plan was submitted. However, Staff's recommendation has not changed.
Ald. Hanley was in attendance at the meeting via Webex and spoke in support of the request for liquor and video gaming. She also noted that she has received several calls of support from the community and others.
Ald. Quinonez made a motion to REVERSE LTAB and APPROVE the sale of Liquor by the Drink in conjunction with restaurant and video gaming terminals with five (5) gaming terminals. The motion was SECONDED by Ald. Thompson-Kelly.
Ald. Beach asked Mr. Capovilla what was Staff's opposition to gaming even after an amended business plan was submitted. Mr. Capovilla responded that Staff believes that the cap on the video gaming terminals is getting tight, and it may hinder approval of more requests for video gaming terminals in the future. Ald. Beach asked for more details on the cap. Mr. Capovilla explained that currently there are about five hundred and sixty (560) video gaming terminals and with the preannexation agreements that are on record, when they come into the City, the cap will be at its maximum.
Ald. Hervey asked about the hours of operation. Mr. Capovilla explained that the amended business plan includes keeping the kitchen open until 2 a.m. Ald.
Hervey asked if the facility has a special event space. Mr. Capovilla indicated that there is a space for large parties. However, they are not allowed to have a dance floor or a DJ.
There was some confusion about the hours of operation. Mr. Capovilla clarified the hours of operations per the amended business plan.
Ald. Quinonez WITHDREW his motion to REVERSE LTAB and APPROVE the sale of Liquor by the Drink in conjunction with restaurant and video gaming terminals with five (5) gaming terminals.
Ald. Thompson-Kelly WITHDREW her second.
Ald. Quinonez made a motion to REVERSE LTAB and APPROVE the sale of Liquor by the Drink in conjunction with restaurant and video gaming terminals with five (5) gaming terminals, and to extend the hours of operation Friday and Saturday to 2 a.m. The motion was SECONDED by Ald. Thompson-Kelly.
Ald. Hoffman wanted to know if there were any other restaurants in town that were allowed to keep their kitchens open until 2 a.m. Chairman Chiarelli responded that there were other businesses in town that did the same.
Ald. Thompson-Kelly noted that with the 50/50 rule, business owners are being forced to have longer kitchen hours.
Ald. Beach commented that he is concerned about the cap for video gaming terminals, and would be voting "No."
Approval is subject to the following conditions:
1. Must meet all applicable building and fire codes.
2. Compliance with all City of Rockford Liquor Codes.
3. Submittal of a revised interior floor plan for Staff review and approval.
4. The sale of liquor by the drink shall be limited to the revised interior floor plan approved by Staff.
5. The hours of operation will be limited to 11:00 A.M. to 9:30 P.M Monday through Wednesday.
6. The hours of operation will be limited to 11:00 A.M. to 10:30 P.M. Thursday.
7. The hours of operation will be limited to 11:00 A.M. to 2:00 A.M. Friday through Saturday
8. The hours of operation will be limited to 11:00 A.M. to 10:00 P.M on Sunday.
9. Window display signage is limited to 20% of window area.
10. The proposed use and facility shall have no more than five (5) video gaming terminals.
11. Submittal of a revised security plan for Staff review and approval.
12. That the windows shall not be covered with bars or other devices that block the windows.
13. The restaurant shall not have a cover charge, dance floor or DJs.
14. The restaurant shall not have live entertainment.
15. The restaurant shall not operate as a nightclub.
16. Any pending general ordinance case(s) must be resolved prior to issuance of the license.
17. All outstanding general ordinance fines must be paid prior to the issuance of the license.
18. All conditions must be met prior to establishment of use.
With no further business before the Committee, the meeting was adjourned.
RESULT: APPROVED BY COMMITTEE [4 TO 1]
MOVER: Tuffy Quinonez, Alderman
SECONDER: Ann Thompson-Kelly, Alderman
AYES: Ann Thompson-Kelly, Joseph Chiarelli, Karen Hoffman, Tuffy Quinonez
NAYS: Franklin C. Beach
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