Rockford Sun

City of Rockford Liquor and Tobacco Advisory Board met Dec. 19.

Here are the minutes provided by the board:

Present:

ZBA Members: Craig Sockwell

Dan Roszkowski

Jennifer Smith

Jarmeise McNeal

Jennifer Spencer

Absent: Tom Fabiano

Kim Johnsen

Staff: Scott Capovilla - Planning and Zoning Manager 

Jeremy Carter – Traffic & Development Engineer

Tim Morris - Fire Inspector

Jacob Rubin – Assistant City Attorney

Traci Madison – Administrative Assistant

Others:

Camille Connell Court Stenographer

Applicants and interested parties

Scott Capovilla, Planning & Zoning Manager, explained the format of the meeting will follow the Boards Rules of Procedure generally outlined as follows:

∙ The Chair will call the address of the application.

∙ The Applicant or Representative will come forward and be sworn in.

∙ The Applicant or representative will present their request to the Board. 

∙ The Board will ask any questions they may have regarding this application. 

∙ The Chairman will then ask if there are any Objectors or Interested Parties. Objectors or

Interested Parties are to come forward at that time, be sworn in by the Chairman, and give their name to the Zoning Board of Appeals secretary and the stenographer.

∙ The Objector or Interested Party will state their name and present all their concerns, objections and questions regarding the application.

∙ The Board will ask any questions they may have of the Objector or Interested Party.

∙ The Applicant will have an opportunity to rebut the concerns/questions raised by the Objector or Interested Party.

∙ No further discussion from the Objector or Interested Party will occur after the rebuttal of the Applicant.

∙ The Board will ask any final questions they may have regarding this application. ∙ The Board will then deliberate and a roll call vote taken.

The LTAB meeting is not a final vote on any item. However, it is the only time in which the public may participate. After the LTAB meeting, the item moves on to the Code & Regulation Committee. Although the public is invited to attend the meeting, public input is not allowed at the committee meeting. The date of the Code & Regulation meeting will be Monday, January 8, 2024 at 5:30 PM in City Council Chambers (2nd floor of City Hall) as the second vote on these items. The third and final meeting in this process is the City Council. That vote is tentatively scheduled on Monday, January 8, 2024. If the item is laid over at the LTAB meeting, the next meeting is Wednesday, January 17, 2024. If for any reason the item is laid over at the committee level or on the City Council floor, the item is automatically laid over for two (2) weeks.

The meeting was called to order at 6:00 PM.

A MOTION was made by Craig Sockwell to APPROVE the November 21, 2023 meeting minutes. The motion was SECONDED by Jarmeise McNeal and CARRIED by a vote of 4-0-1 with Jennifer Spencer abstaining.

23-LTAB-027 218 East State Street

Applicant Trea Mihalovich/Drew Gibson/Kelly Nielsen/Miles Nielsen/The Music Box

Ward 3 of Rockford, LLC dba The Music Box of Rockford Sale of liquor by the drink (Class NG-L) in conjunction with a bar with live music in a C-4, Urban Mixed-Use Zoning District

Laid over from November

Miles & Kelly Nielsen presented on behalf of The Music Box, LLC. They are applying for a liquor license for 218 East State Street and the intent is to bring high culture, live music and art space to downtown Rockford.

Assistant City Attorney Jacob Rubin asked if the applicant had read and agreed to conditions 1- 12 in the staff report. Mr. Nielsen answered yes.

No objectors or interested parties were present.

Staff recommendation is for approval.

A MOTION was made by Craig Sockwell to APPROVE the sale of liquor by the drink (Class NG-L) in conjunction with a bar with live music in a C-4, Urban Mixed-Use Zoning District. The MOTION was SECONDED by Jarmeise McNeal and CARRIED by a vote of 4-0-1 with Jennifer Spencer abstaining.

Approval is based on the following conditions:

1. Must meet all applicable Building and Fire codes.

2. Compliance with all City of Rockford Code of Ordinances including Liquor Codes.

3. The sale of liquor by the drink shall be limited to the floor plan submitted Exhibit E.

4. The hours of operation will be limited to 12:00 p.m. to 2:00 a.m., Monday through Saturday and 12:00 p.m. to 12:00 a.m. (midnight) on Sunday.

5. Window display signage is limited to 20% of window area.

6. The windows shall not be covered with bars or other devices that block the windows.

7. The proposed use and facility is prohibited from having any video gaming machines. 

8. The bar shall not have a cover charge, except for events with live entertainment.

9. The bar shall not have a dance floor or any DJ and shall not operate as a nightclub per the city’s zoning ordinance.

10. Any pending general ordinance case(s) must be resolved prior to issuance of the license.

11. All outstanding general ordinance fines must be paid prior to issuance of the license.

12. All conditions must be met prior to issuance of license and establishment of use.

23-LTAB-030 2510 South Alpine Road

Applicant Ibrahim Jamal Al-lshawi/Lit Hookah Bar, LLC dba Lit Hookah Bar Ward 14 Sale of tobacco products in conjunction with a hookah lounge in a C- 3, General Commercial Zoning District.

Laid over from November

The applicant requested a layover prior to the meeting. A MOTION was made by Craig Sockwell to LAYOVER this item. The MOTION was SECONDED by Jennifer Spencer and CARRIED by a vote of 5-0.

23-LTAB-031 2327 Kishwaukee Street

Applicant Bernadette Conroy / TNT Securities, Inc. dba TNT’S Ward 11 The sale of liquor by the drink (Class E) and the sale of packaged liquor (Class PKG) in conjunction with a tavern, outdoor beer garden, video gaming terminals and 100% stock purchase in an I-1, Light Industrial Zoning District

Attorney Shelby Hoiness presented on behalf of the applicant. Attorney Hoiness stated they are applying for a liquor license but it is not a new application. The licensing will be for Bernadette Conroy of TNT Securities. Attorney Hoiness stated that Ms. Conroy has been a part of the company since April and has 4% ownership. There will be no structural changes to the business and the only change is the percentage of ownership from 4% to 100%. Attorney Hoiness stated that Ms. Conroy knows the business operations and is currently operating the bar. She stated the staff recommendation has been reviewed and they agree to the conditions. Attorney Hoiness stated they will submit an updated floor plan of the changes that have been completed.

No objectors or interested parties were present.

Staff recommendation is for approval.

A MOTION was made by Jennifer Spencer to APPROVE the sale of liquor by the drink (Class E) and the sale of packaged liquor (Class PKG) in conjunction with a tavern, outdoor beer garden, video gaming terminals and 100% stock purchase in an I-1, Light Industrial Zoning District The MOTION was SECONDED by Jarmeise McNeal and CARRIED by a vote of 5-0.

Approval is based on the following conditions:

1. Meet all applicable Building and Fire Codes.

2. Compliance with all City of Rockford Code of Ordinances including Liquor Codes.

3. Submittal of a revised interior floor plan showing the 2 large tables and 3 additional dart board machines replacing the walk-in cooler and pool table.

4. The sale of alcohol shall be limited to the revised interior floor plan approved by Staff.

5. The landscaping and parking lot striping must be installed per the approved plan by June 1, 2024.

6. The hours of operation will be limited to 7:00 A.M. to 2:00 A.M. Monday through Saturday and 9:00 A.M to 2:00 A.M. on Sunday.

7. Window display signage is limited to 20% of window area.

8. The windows shall not be covered with bars or other devices that block the windows.

9. The tavern and restaurant shall not have a cover charge, dance floor or any DJs.

10. The tavern and restaurant shall not operate as a nightclub.

11. Any pending general ordinance case(s) must be resolved prior to issuance of the license.

12. All outstanding general ordinance fines must be paid prior to issuance of the license. 13. All conditions must be met prior to establishment of use.

23-LTAB-032 1609 South Alpine Road

Applicant Steve Paik / Big Foot Inc. dba Big Foot Lounge and Gentlemen’s Club

Ward 8 The sale of liquor by the drink (Class A) in conjunction with a tavern with outdoor smoking area, live entertainment, dancing, video gaming terminals and 100% stock purchase in a C-2, Limited Commercial Zoning District.

Assistant City Attorney Jacob Rubin informed the board the sale of liquor by the drink (Class E) should read (Class A).

Attorney Tom Green represents the Applicant, Steve Paik, and spoke on his behalf as it relates to this liquor license application process. Attorney Green stated Mr. Paik is purchasing 100% of the shares of the corporation. Mr. Paik is required to file all the applications that are associated as though they are new applications. The business has existed since 1996 and has operated at this location at 1609 South Alpine Road for more than 20 years. Attorney Green stated the actual current license holder will not change because it is a corporate license and he is buying the stock, so the corporation license will remain the same before the sale and after the sale. He further stated that Mr. Paik operates several businesses which includes a flooring business, a large catering business and a dry cleaning business. For the past 12 years, he has owned and operated a club in Las Vegas and he also owns a club located in Pennsylvania, which he has operated for the last 7 years. Attorney Green thanked the City of Rockford Legal Department for their cooperation and assistance with the application process for this liquor license and the staff’s recommendation for approval for the license. He stated the staff conditions have been reviewed and agreed upon and Mr. Paik will comply including paving the parking lot, installing the curbing, the landscaping and removing the roof sign. Attorney Green also stated that metal detectors will be used at the door, surveillance cameras will be installed to monitor the parking lots, the parking lots will be patrolled when necessary circumstances arises, and customers can be escorted to their vehicles as a service that will be offered by the venue. Attorney Green indicated regarding signage, the intent will be to put up two 4’ x 8’ wall signs on each frontage of the building, one on South Alpine Road and one on Charles Street. The signs will say Big Foot but Mr. Paik may possibly change the name per a conversation with him before the ZBA meeting. Attorney Green stated Mr. Paik’s plan is to relocate to Rockford, purchase a home, and personally run the operations of the business for four to six months as he will train a general manager. All the improvements and changes will occur once Mr. Paik purchases the stock and, if for any reason the purchase is not closed, the current operation under the current ownership will remain the same. Attorney Green stated the approval of the liquor license is one of his conditions of moving forward with the sale.

Attorney Rubin addressed the decision for staff recommendation for approval. He stated the sale of property or a business in the city creates opportunity to make changes. Attorney Rubin stated part of staff’s approval was based on the conversation with Attorney Green and Mr. Paik and their approval of the conditions to remedy the signage, parking lot, and the landscaping along with all the overall improvements that will be implemented creating change to this establishment is why a recommendation for approval was decided by staff.

Jennifer Smith indicated an email from a resident was included in the board packet stating the surprise status of the club due to the challenges the club has faced. Ms. Smith said with new ownership, hopefully things would turn around and a potential opportunity for a fresh start.

Ms. Smith asked Traffic & Development Engineer Jeremy Carter if the frontage on South Alpine Road was technically considered a sidewalk. Mr. Carter replied he was not sure of the property lines but his opinion is it is considered a sidewalk.

Craig Sockwell asked about Mr. Paik’s relocating to Rockford and if he owned homes in Las Vegas and Pennsylvania, where the other two clubs are established. Attorney Green answered he was not sure, as his knowledge is that Mr. Paik resides in Pennsylvania. Mr. Sockwell was inquiring how long would Mr. Paik reside in Rockford, would it be on a temporary basis and would he then sell the home in Rockford or would he be going back and forth to Pennsylvania . Attorney Green stated Mr. Paik was clear about buying a house in Rockford which would indicate to him that Mr. Paik would be in Rockford for a while.

Jennifer Spencer asked about the extra elevation pictures which was difficult to read referring to the signage pictures. Ms. Spencer is assuming the existing roof sign will be removed and replaced with another roof sign. Attorney Green stated the roof sign would definitely be removed and the two wall signs previously mentioned would be the only signage replacing those being removed.

One interested party was present.

David McCue purchased his home at 1602 Remington Road directly behind the Big Foot Lounge in 1980 and resided there for 20 years. During this time, a fine dining restaurant opened and was open for several years with no issues. Later a new business opened as a beach bar. It had a closing time of 2am and the parking lots were very loud with motorcycles and cars leaving the parking lot. He said the noise could be heard directly in the house and in their bedroom. After the beach bar, a bar called the Frat House opened where there was underage drinking. He said the kids could be seen running through the yard when there were police raids. After the Frat House, another restaurant was going to open. It was going to be a steakhouse and, according to Mr. McCue, because a family restaurant was going to be there, it allowed the license to be approved. Mr. McCue stated that 60 days after it opened, it became a bar for gentlemen. He stated that over the course of time, there have been a number of concerns, complaints and violations regarding the building, gunshots, police calls, trash on the parking lots, and late night-early morning gatherings on the parking lots. Mr. McCue has moved from the neighborhood after his home was shot and now rents out his home. Mr. McCue has a concern with the owner who now lives out of state and the accountability of what will be done if the issues mentioned keep occurring and how the issues might be taken care of.

Attorney Green expressed sympathy regarding the comments and concerns Mr. McCue mentioned. Attorney Green said he could not address the past events and issues concerning the property but indicated Mr. Paik has a good track record with the other two clubs he owns and has indicated a willingness and has agreed to complete the staff conditions. Attorney Green believes whether Mr. Paik lives in Rockford or in Pennsylvania there could be issues that may still happen.

Ms. Spencer stated she appreciated staff for the willingness to work with Mr. Paik and believes a good understanding of what needs to happen on both sides have been met.

Ms. Smith wanted clarity of what was in the police report sorted by CRU. Mr. Capovilla answered that he believes CRU is for Central Reporting Unit. It is a standard stop by the police to check things out based on past history.

Staff recommendation is for approval.

A MOTION was made by Craig Sockwell to APPROVE the Sale of liquor by the drink (Class A) in conjunction with a tavern with outdoor smoking area, live entertainment, dancing, video gaming terminals and 100% stock purchase in a C-2, Limited Commercial Zoning District. The MOTION was SECONDED by Dan Roszkowski and CARRIED by a vote of 5-0.

Approval is based on the following conditions

1. Meet all Applicable Building and Fire Codes

2. Compliance with all City of Rockford Code of Ordinances including Liquor Codes

3. Removal of the roof sign and all other non-conforming signs.

4. Landscaping must be installed per Exhibit D including the concrete curbing around the perimeter and interior landscape islands by June 1, 2024.

5. The existing site-obscuring wood fence along the west property line must be maintained and provide screening to the adjacent neighbors.

6. The windows shall not be covered with bars or other devices that block the windows.

7. Window display signage is limited 20% of window area.

8. Removal of the wood timbers by June 1, 2024. Some timbers may need to be replaced with concrete curbing and will required staff approval.

9. The hours of operation are limited per the submitted business plan (Exhibit H) to Monday through Sunday 4:00 p.m. to 2:00 a.m., and food service 4:00 p.m. to 12:00 a.m. (midnight).

10.Any pending general ordinance case(s) must be resolved prior to issuance of the license.

11.All outstanding general ordinance fines must be paid prior to the issuance of the license.

12.All conditions must be met prior to issuance of license and establishment of use.

23-LTAB-033 112 North 2nd Avenue

Applicant Josiah Vander Heyden / Allison Vander Heyden / Aubrey Kohler Ward 3 Jonathan Kohler / Union on 2nd, LLC dba Union Event Space Modification of an existing liquor license (Class NG-L) to add a separate bar and lounge in conjunction with an event venue in a C 4, Urban Mixed-Use Zoning District.

The Applicant, Josiah Vander Heyden, presented on behalf of The Union. Mr. Vander Heyden renovated an existing bar/lounge outside the banquet hall area. The plan is to operate this area as a classy cocktail lounge with live music on days when events are not scheduled. Mr. Vander Heyden expressed appreciation to the Legal Department for their assistance with processing the liquor application.

Attorney Rubin asked if the applicant had read and agreed to conditions 1-11 in the staff report. Mr. Vander Heyden answered yes but had a question regarding condition number 4, the days of operation showing Saturday through Sunday. Otherwise, Mr. Vander Heyden agreed and complied with the other conditions. Mr. Capovilla clarified it was a mistake on the staff report and should read Sunday through Saturday.

Jennifer Smith shared a compliment from a friend that has seen this event space and lounge and said it was very beautiful.

No interested parties or objector was present.

Staff recommendation is for approval.

A MOTION was made by Jennifer Spencer to APPROVE the Modification of an existing liquor (Class NG-L) to add a separate bar and lounge in conjunction with an event venue in a C 4, Urban Mixed-Use Zoning District amending condition number four to say Sunday through Saturday The MOTION was SECONDED by Jarmeise McNeal and CARRIED by a vote of 5- 0.

Approval is based on the following conditions

1. Must meet all applicable Building and Fire codes.

2. Compliance with all City of Rockford Code of Ordinances including Liquor Codes.

3. The sale of liquor by the drink shall be limited to submitted Exhibit F.

4. The hours of operation will be limited to 9:00 A.M. to 11:00 P.M., Sunday through Saturday for the event space, lounge and bar area.

5. As presented within the Applicant’s proposal, the proposed use and facility is prohibited from having any video gaming machines.

6. Window display signage is limited to 20% of window area.

7. The windows shall not be covered with bars or other devices that block the windows.

8. Private security will be employed for events open to the public.

9. Any pending general ordinance case(s) must be resolved prior to issuance of the license.

10.All outstanding general ordinance fines must be paid prior to issuance of the license.

11.All conditions must be met prior to establishment of use.

The 2024 Meeting Schedule was approved by a vote of 4-0-1 with Dan Roszkowski abstaining.

Dan Roszkowski stated this would be his last meeting as he was resigning from the board. Ms. Smith thanked Mr. Roszkowski for his years of service and said it is sad to see him leave.

With no further business to come before the Board, the meeting was adjourned at 6:42 PM.

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