Waukegan council wrestles with liquor-license regulations

A move by Waukegan Ald. Jose A. Guzman, 2nd Ward, to undo a 2018 ordinance intended to eventually end the sale of liquor at gas stations — by allowing the transfer of a liquor license to a new owner of the business — appeared unsuccessful, but got new life two hours later.

Guzman proposed a change to the liquor license ordinance to allow an individual purchasing a business with a valid liquor license to acquire the license with the other assets of the company, rather than apply for a new license as now required.

“If you’re in good standing, you don’t get excessive police calls, if we have no issues with you, you should get it automatically,” he said. “I don’t want to see them up here. I just want to say, ‘Have a good day and be on your way.’”

The City Council’s Committee of the Whole voted 5-4 against sending the proposed change to the ordinance to the council for approval Monday at City Hall, as some in the majority believed the council should keep its oversight of liquor licenses.

Toward the end of Monday’s council meeting convening shortly after the committee gathering adjourned, Ald. Michael Donnenwirth, 7th Ward, said he wanted to reconsider the liquor license ordinance amendment at the next Committee of the Whole meeting.

“I only thought the seller was the one who was going to be approved, and the buyer wasn’t going to have to do anything,” he said after the meeting. “Then I was told the buyer was going to be checked out by the city, so I don’t have a problem with it.”

Donnenwirth said he planned to ask for reconsideration of the amendment to the ordinance at the next appropriate Committee of the Whole meeting. It is not yet scheduled.

Stewart Weiss, an attorney with corporation counsel Elrod Friedman, said at the committee meeting when a liquor license ceases to exist for any reason, the number allowed in that class is reduced by one. A new business owner would have to apply for a new license.

“The council doesn’t grant them the license,” he said. “It creates an available license. We don’t transfer liquor licenses no more than you can transfer your driver’s license. It is a personal privilege.”

Since a gas station owner with a liquor license in the 2nd Ward wants to sell the business and retire, Guzman said he was trying to accelerate the process. Weiss said the license was a C-1 permit which is unique. The city created a Class C-1 in 2018 with the provision no more would ever be granted.

“Additional C-1 licenses cannot be created, and those C-1 licenses cannot be transferred,” Weiss said. “It is specific to gas stations that sell alcohol for off-premises consumption. It goes for full liquor, not beer and wine. Class F-1 allows gas stations to sell beer and wine.”

Ald. Edith Newsome, 5th Ward, who is in her sixth term, said people would purchase plastic pint bottles of liquor, immediately drink them and that created a nuisance.

“It was too many and we were finding those little pints all over the property, all over the neighborhood, behind the gas stations,” Newsome said. “People would get them, go behind the gas stations and drink them and leave them.”

While arguing for the amended ordinance, Guzman said city staff can do a sufficient investigation and the new owner can apply for a business license. The council member representing the ward where the business is located can work with the proper city department.

Ald. Thomas Hayes, 9th Ward, said the job of all council members to study staff reports, make any necessary inquiries and then vote on the items. He does not want to see one member have control over legislation.

“You’d be silencing the voices of the other eight aldermen,” Hayes said. “I don’t think any of us should vote for something like that. We all want to have a say. We all have different opinions.”

Other than Donnenwirth, who plans to ask for reconsideration, Newsome, Hayes, Ald.Sylvia Sims Bolton, 1st Ward, and Ald. Lynn Florian, 8th Ward, voted against the amendment. Joining Guzman in support were Ald. Juan Martinez, 3rd Ward, Ald. Victor Felix, 4tj Ward, and Ald. Keith Turner, 6th Ward.