Rockford Sun

City of Rockford Liquor and Tobacco Advisory Board met Sept. 17.

Here are the minutes provided by the board:

Present:

ZBA Members: Jennifer Smith

Craig Sockwell

Kim Johnsen

Joel Zirkle

Jennifer Spencer

Tom Fabiano

Absent:

Jarmeise McNeal

Staff: Scott Capovilla - Planning and Zoning Manager

Jacob Rubin – Assistant City Attorney

Jeremy Carter – Traffic & Development Engineer

Chris Tumeo – Fire Prevention

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 Liquor and Tobacco secretary and the court reporter.

∙ 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, September 23, 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, October 7, 2024. If the item is laid over at the LTAB meeting, the next meeting is Wednesday, October 16, 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 Joel Zirkle to APPROVE the August 20, 2024 meeting minutes. The motion was SECONDED by Jennifer Spencer and CARRIED by a vote of 4-0-2 with Craig Sockwell and Kim Johnsen abstaining.

24-LTAB-024 2975 North Perryville Road

Applicant Ali Hariz / 7Days 815 Corporation dba 7Days 815 Corp.

Ward 1 Sale of tobacco products in conjunction with a tobacco and vape store in a C-2, Limited Commercial Zoning District

Laid over from August

The Applicant, Ali Hariz, was present. Mr. Hariz stated he is requesting a license to sale tobacco in a gas station. Mr. Zirkle inquired if the gas station was vacant. Mr. Hariz answered yes, but he is currently selling gas. Ms. Johnsen asked about the staff report indicating the gas station to be converted into a tobacco and vape store. Mr. Hariz answered there is not a conversion of any type in process. Mr. Capovilla stated the business plan does not reflect this application as a gas station or convenience store. Kareem Taha, owner of the property, spoke. Mr. Taha said that he is the owner of the gas station and he is leasing the property to Mr. Hariz as a gas/convenience store and Mr. Hariz intends to sell tobacco products. Ms. Spencer inquired about the maintenance of the property and asked who is responsible to maintain the upkeep. Mr. Taha answered the building and the inside of the facility is his responsibility and the maintenance of the outside and landscaping are Mr. Hariz’s responsibility. Mr. Taha mentioned he has owned this property since 2012 and, according to his knowledge, there is a landscaping contractor hired for mowing. Ms. Spencer expressed her concerns because this property is on a main corridor of the city, is very visible and the property should be better maintained. Ms. Smith suggested due to inadequate and missing information this application be considered for layover to provide the information needed for possible approval. Attorney Rubin asked Mr. Taha for a lease agreement and Mr. Capovilla asked for the business plan be revamped and present a site plan and landscaping plan. Mr. Capovilla stated that staff would support this application with a revised business plan and site plan.

No objectors or interested parties present

Staff recommendation is for denial.

A MOTION was made by Jennifer Spencer to LAYOVER the sale of tobacco products in conjunction with a tobacco and vape store in a C-2, Limited Commercial Zoning District. The MOTION was SECONDED by Craig Sockwell and CARRIED by a vote of 6-0.

024-LTAB-025 6150 East State Street

Applicant Brandon Wilhelm / Todd Van Nipsen / Michael Lentini / WLV Hot Chicken, LLC dba Hangry Joe’s Hot Chicken and Wings

Ward 1 Sale of beer and wine by the drink Class NG-WB in conjunction with a restaurant store in a C-2, Limited Commercial Zoning District

Brandon Wilhelm, owner of Hangry Joe’s Hot Chicken and Wings, was present. Mr. Wilhelm stated the restaurant serves hot chicken wings and French fries and is requesting a liquor license to sell beer and wine.

Assistant City Attorney Jacob Rubin asked if Mr. Wilhelm had received the staff report, reviewed the conditions of approval and agreed to the conditions. Mr. Wilhelm said yes but he would like to modify condition number eight, the hours of operation. Mr. Wilhelm wants to be able to stay open to 12:00 am midnight.

No Objectors or interested parties present

Staff recommendation is for approval.

A MOTION was made by Craig Sockwell to APPROVE Sale of beer and wine by the drink Class NG-WB in conjunction with a restaurant store in a C-2, Limited Commercial Zoning District, modifying condition number eight, the hours of operation to 11:00 am to 12:00 am (midnight). The MOTION was SECONDED by Jennifer Spencer and CARRIED by a vote of 6-0.

Approval 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. The sale of beer and wine by the drink in conjunction with a restaurant.

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

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

6. The restaurant shall not have a cover charge, dance floor, DJs or any live entertainment.

7. The restaurant shall not operate as a nightclub.

8. The hours and days of operation for the business shall be Monday through Sunday 11:00 a.m. to 12:00 am. midnight

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

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.

024-LTAB-026 4343 East State Street

Applicant Scott Charles Gesner / Rockford Parlors dba Miss Jill’s

Ward 10 Modification of an existing liquor license for a 20% stock transfer in a C-2, Limited Commercial Zoning District

Attorney Robert Pottinger was present. Attorney Pottinger spoke on the behalf of the Applicant, Scott Gesner. This application request is for a modification of an existing liquor license. Jay Gesner, owner of Rockford Parlors suffered some medical issues and decided his brother Scott Gesner would acquire 20% ownership of Rockford Parlors, Inc.

Assistant City Attorney Jacob Rubin asked if Attorney Pottinger had received the staff report, reviewed the conditions of approval and agreed to the conditions. Attorney Pottinger said yes and agreed.

No objectors or interested parties were present

Staff recommendation is for approval.

A MOTION was made by Tom Fabiano to APPROVE a Modification of an existing liquor license for a 20% stock transfer in a C-2, Limited Commercial Zoning District. The MOTION was SECONDED by Joel Zirkle and CARRIED by a vote of 6-0.

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

4. The windows shall not be covered with bars or other devices that block the windows. 5. The proposed use shall not have a cover charge, dance floor, DJs, live entertainment, or operate as a nightclub.

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

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

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

024-LTAB-027 3951 and 3957 West Riverside Boulevard Applicant Scott Charles Gesner / Rockford Parlors dba Miss Jill’s Ward 9 Modification of an existing liquor license for a 20% stock transfer in a C-3, General Commercial Zoning District

Attorney Robert Pottinger was present. Attorney Pottinger spoke on the behalf of the Applicant, Scott Gesner. This application request is for a modification of an existing liquor license. Jay Gesner, owner of Rockford Parlors suffered some medical issues and decided his brother Scott Gesner would acquire 20% ownership of Rockford Parlors.

Assistant City Attorney Jacob Rubin asked if Attorney Pottinger had received the staff report, reviewed the conditions of approval and agreed to the conditions. Attorney Pottinger said yes and agreed.

No Objectors or interested parties were present

Staff recommendation is for approval.

A MOTION was made by Tom Fabiano to APPROVE a Modification of an existing liquor license for a 20% stock transfer in a C-2, Limited Commercial Zoning District. The MOTION was SECONDED by Jennifer Spencer and CARRIED by a vote of 6-0.

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

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

5. The proposed use shall not have a cover charge, dance floor, DJs, live entertainment, or operate as a nightclub.

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

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

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

With no further business to come before the Board, the meeting was adjourned at 6:25 PM.

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