===== PDF PAGE 2 ===== [Extraction: embedded PDF text] APPROVED: _________ WEST CHICAGO LIQUOR/TOBACCO CONTROL COMMISSION MEETING MINUTES December 17, 2018 1. Call to Order and Establishment of a Quorum: Mayor Pineda called the meeting to order at 6:30 p.m. A quorum was established. 2. Members Present: Mayor Ruben Pineda Alderman Becky Stout Alderman Sandy Dimas 3. Staff Present: Michael Guttman, City Administrator 4. Approval of Minutes: Alderman Stout moved and Alderman Dimas seconded a motion to approve the minutes from the March 19, 2018 meeting. Motion unanimously passed by voice vote. 5. New Business: Request by Elizabeth Cano Ramirez and Simon Cruz, owners of El Nuevo Vallarta Bar and Grill, Inc., for a Class A-2 and I Liquor Licenses – Commissioner Pineda spoke about the history of noise complaints from the condos. Chief Uplegger went through recommendations, one being no stage. Direction was given for applicants to work with Chief Uplegger on agreeable terms with regards to live entertainment. 6. Adjournment: Alderman Stout moved to adjourn. Second, Alderman Dimas. Voice vote showed all in favor. The meeting was adjourned at 6:48 p.m. ===== PDF PAGE 3 ===== [Extraction: OCR (rendered-page OCR)] € i @ F ] Y WEST CHICAGO “ c WHERE HISTORY & PROGRESS MEET July 30, 2021 VIA HAND DELIVERY 59 North-The Oasis Café Corporation 2009 Franciscan Way West Chicago, IL 60185 Esteer Massih, President Anthony E. Massih c/o 59 North-The Oasis Café Corporation 2009 Franciscan Way West Chicago, IL 60185 Edwar E. Massih Registered Agent/Secretary 59 North-The Oasis Café Corporation 805 Burning Trail Carol Stream, Illinois 60188 ORDER OF TEMPORARY CLOSURE Dear Liquor License Holders/Representatives: It has come to my attention, in my capacity as the Local Liquor Commissioner for the City of West Chicago, that the operations of the 59 North-The Oasis Café under the West Chicago Class “I” Liquor License, License Number 7512, operating at the location of 2009 Franciscan Way, West Chicago, Illinois 60185 (“the Licensed Premises”), constitutes a threat to the welfare of the Citizens of West Chicago. The City’s Police Department has received an inordinate number of complaints relative to operations of the Licensed Premises, primarily relating to the volume of noise emanating from the Licensed Premises relating to live performances and/or disc jockey or other manner of presenting music. The Licensed Premises Holders have been found guilty of violating the Noise Regulations of the City of West Chicago, including the most recent finding of liable on July 28, 2021. Pursuant to the Terms and Conditions of the West Chicago Liquor Ordinance, all Licensees are required to comply with State Law and the Code of Ordinances of the City of West Chicago. Further, it is the duty and responsibility of the Licensees to maintain the Licensed Premises in a peaceable and orderly manner so as not to provoke a breach of the peace. Chapter 3, Article 1, Section 3-33 (f) and Section 3-30.1. Based on the information received in connection with the Licensed Premises, I have reason to believe that the continued operation of the live music at the Licensed Premises constitutes and immediate threat to the welfare of the Citizens of the City of West Chicago. Pursuant to the authority vested in me as the Local Liquor Commissioner for the City of West Chicago, I have 475 Main Street T (630) 293-2200 Ruben Pineda West Chicago, Illinois F (630) 293-3028 usvone 60185 www.westchicago.org NENG Nani Migraet t. Gummnan ===== PDF PAGE 4 ===== [Extraction: OCR (rendered-page OCR)] concluded that the continued operation of the live music at the Licensed Premises poses an immediate threat to the welfare of the Citizens of the City of West Chicago. Accordingly, I am issuing this Order of Temporary Closure of the Licensed Premises in connection with West Chicago Class “I” Liquor License, License Number 7512, for a period not to exceed seven (7) days. This Order is applicable only to the activities in connection with the Live Music authorized under the above-referenced Class “I” Liquor License. PLEASE BE ADVISED: i This Order prohibits any and all music permitted by the License at issue. Any violation of this Order may result in the suspension or revocation of any and all Liquor License issued to the Licensed Premises. 2: You are provided an opportunity to be heard in connection with this decision on August 4, 2021 at 11:00 a.m. at West Chicago City Hall, located at 475 Main Street, West Chicago, IHinois 60185. Ruben Pineda, Mayor Liquor Control Commissioner July 30, 2021 to ===== PDF PAGE 5 ===== [Extraction: OCR (rendered-page OCR)] CONTROL COMMISSIONER OF THE CITY OF WEST CHICAGO BEFORE THE LOCAL LIQUOR Hi OF THE COMMISSIONER AND LIQUOR DUPAGE (COUNTY, ILLINOIS IN RE: THE MATTER OF THE LIQUOR LICENSE OF 59 NORTH-THE OASIS CAFE CORPORATION a/k/a CAIRO ALE HOUSE, “CLASS “A-2” LIQUOR LICENSE NO: 7477, and “CLASS I” LIQUOR LICENSE NO: 7512 No.: 21 LC 01 SERVICE LIST: 59 North-The Oasis Café Corporation 2009 Franciscan Way West Chicago, IL 60185 Esteer Massih, President Anthony E. Massih c/o 59 North-The Oasis Café Corporation 2009 Franciscan Way West Chicago, IL 60185 Edward E. Massih Registered Agent/Secretary 59 North-The Oasis Café Corporation 805 Burning Trail Carol Stream, Illinois 60188 NOTICE OF REPORT “ALCOHOLIC BEVERAG OF THE CITY OF WEST CHICAGO, ILLINOIS AND NOTICE OF HEARING THEREON YOU ARE HEREBY NOTIFIED of! the receipt by the Local Liquor Commissioner (“Commissioner”) of a Report of Violations of Chapter 3, “Alcoholic Beverages” of the Code of Ordinances of the City of West Chicago, Tiknois (“West Chicago Code”). On August 4, 2021, at the Hour of 11:00 a.m., the undersigned Commissioner and the Local Liquor Commission (“Commission”) of the City of West Chicago shall hold a Public Hearing in the City Council Chambers at West Chicado City Hall, 475 Main Street, West Chicago, Illinois, ===== PDF PAGE 6 ===== [Extraction: OCR (rendered-page OCR)] at which time, date and place the Holder of the above-referenced West Chicago Liquor Licenses (“Licensee”), as provided for in Sectio 3-33 of Code of Ordinances of the City of West Chicago, shall appear and show cause as to why said Licensee should not be fined; and/or why said Licenses should not be revoked or suspended; and why the Licensee should not be required to reimburse the City of West Chicago it’s costs incurred for said Hearing, as provided for in Section 33(f) and (g) of the West Chicago herein below. GENE City Code, in connection with the allegations set forth L PROVISIONS PARTIES t. The City of West Chicago home rule Municipality organized and e “ City”) is a body politic and corporate and an Illinois isting pursuant to the laws of the State of Illinois and authorized to issue Local liquor Licenses to eligible and qualified individuals or entities. 2 Anthony E. Massih, of 501 E. Bouton Street, Aurora, Illinois, is the Licensee of a Class “A-2”, West Chicago Liquor = ee 7477, issued to 59 North-The Oasis Café a/k/a Cairo Ale House, located at 2009 F Premises”), issued June 21, 2021. a, Anthony E. Massih, of 501 Class “I”, West Chicago Liquor License ciscan Way, West Chicago, Illinois (“Licensed E. Bouton Street, Aurora, Illinois, is the Licensee of a No.: 7512, issued to 59 North-The Oasis Café a/k/a Cairo Ale House located at 2009 Franciscan Way, West Chicago, Illinois (“Licensed Premises”), issued June 21, 2021. VIOLATIONS OF WEST ie The Licensee, on July 10, peaceable and orderly manner in that the level in excess of 65 dbc from the Lic COUNT I CHICAGO NOISE REGULATIONS 2021, failed to maintain the Licensed Premises in a Licensee permitted the emission of noise at a decibel sed Premises, thereby alarming and disturbing the mn public and provoking a breach of the og in Violation of the West Chicago City Code of Ordinances. Section 3-30.1. 2. The Licensee, on June 26, peaceable and orderly manner in that the excess of 65 dbc from the Licensed Pre provoking a breach of the peace, in Viol Section 3-30.1. 2021, failed to maintain the Licensed Premises in a permitted the emission of noise at a decibel level in ises, thereby alarming and disturbing the public and tion of the West Chicago City Code of Ordinances. ===== PDF PAGE 7 ===== [Extraction: OCR (rendered-page OCR)] 3: peaceable and orderly manner in that the level in excess of that permitted under alarming and disturbing the public and p r Chicago City Code of Ordinances. ote ), 2021, failed to maintain the Licensed Premises in a “agen permitted the emission of noise at a decibel e City Code from the Licensed Premises, thereby 4. The Licensee, on March 2 peaceable and orderly manner in that the level in excess of that permitted under The Licensee, on April 17; 2021, failed to maintain the Licensed Premises in a ‘Licensee permitted the emission of noise at a decibel the City Code from the Licensed Premises, thereby voking a breach of the peace, in Violation of the West 3-30.1. alarming and disturbing the public and provoking a breach of the peace, in Violation of the West 5: The Licensee, on July 24, peaceable and orderly manner in that the level in excess that permitted under the Ci and disturbing the public and provoking a City Code of Ordinances. Section 3-30.1. 6. The Licensee has been fo Chicago City Code of Ordinances. Section) 3-30.1. 2020, failed to maintain the Licensed Premises in a icensee permitted the emission of noise at a decibel Code from the Licensed Premises, thereby alarming breach of the peace, in Violation of the West Chicago und Liable on multiple occasions, most recently on July 28, 2021, of failing to maintain the Licensed Premises in a peaceable and orderly manner. ih The City of West Chicago Police Department has received in excess of 212 Calls for Service and Extra Patrols to the Licensed Premises from January 1, 2018 to the present date. COUNT II VIOLATIONS OF WES' r CHICAGO LIQUOR ORDINANCE 1 maintain the Licensed Premises in a pe Section 3-30.1 2 It is the duty and responsibility of the Licensee and his employees or agents to aceable and orderly manner. Chapter 3, Article III, | | On July 10, 2021, at approximately 11:25 pm, at the Licensed Premises commonly known as the Oasis Café, a/k/a Cairo Ale House, the Licensee allowed the emission of noise from the Licensed Premises at a decibel level of 65 dbc in violation of the West Chicago Noise Contro] Regulations, Article V, Section 10-37 (d). 3. The Licensee has caused, o prohibited at Licensed Establishments und 4. The Licensee has violated breaching the peace, failing to preserve Premises. | | | permitted, conduct at the Licensed Premises which is r the City Code. the Code of Ordinances of the City of West Chicago by € peace and causing excessive noise at the Licensed ===== PDF PAGE 8 ===== [Extraction: OCR (rendered-page OCR)] COUNT UI PUBLIC NUISANCE ds The allegations set forth in Count I, paragraphs 1—7 above are incorporated herein by reference as paragraphs 1-7 of this Count Ill, and though fully set forth herein. 2. Pursuant to the Noise Control Regulations of the City Code, any violation of the Noise Control Regulations constitutes a public nuisance. Chapter 10, Article V, Sec. 10-41. 3, Music and/or sound emanating from the Licensed Premises constitutes a Public Nuisance. Ruben Pineda, Mayor Liquor Control Commissioner DATED: July 30, 2021