Des Plaines OKs gas station liquor licenses
The Des Plaines city council Monday night approved liquor licenses for six gas station/convenience stores to sell packaged beer and wine per a new city ordinance, but only after a bit of wrangling over what has been a contentious issue from the start.
The ordinance allowing packaged liquor sales at gas stations that have convenience stores already selling packaged food was approved in April after much debate.
The city council was split over the decision to approve the ordinance, which ultimately was passed after Mayor Marty Moylan cast the tiebreaking vote on both first and second reading.
At the time, Aldermen John Robinson (2nd Ward), Jean Higgason (4th), Mark Walsten (6th) and Dan Wilson (7th) voted in favor of the measure, while Aldermen Patricia Haugeberg (1st), Matt Bogusz (3rd), James Brookman (5th) and Rosemary Argus (8th) voted against it.
On Monday night, opponents of the measure again raised objections to now granting licenses to the six applicants under the new rule.
"In my opinion, this is a rapid expansion," Brookman said. "I also think we've somehow lost control of liquor licenses in the city."
Brookman added he didn't think allowing the proliferation of liquor licenses is a good idea to counter the effects of the city's new 2-cent-a-gallon gas tax increase that started Jan. 1.
City Attorney David Wiltse warned the aldermen that the city council already has authorized the ordinance under which these gas stations are now eligible to apply for liquor licenses.
About seven of the city's 25 licensed gas stations could qualify for the new liquor licenses based on the ordinance's requirement that the business has an indoor area of 1,300 square feet - with no more than a third of the space used for the sale of alcoholic beverages.
However, the opposing aldermen suggested Monday they would like to have the ordinance repealed.
Argus said Waukegan is now considering banning liquor sales at gas stations because officials there believe alcohol is too easily accessible to youth in the community.
The Des Plaines city council Monday night initially voted 3-4 against the first of six liquor license requests, with one member absent - Alderman Walsten. The aldermen voted exactly as they had in April, only this time Moylan could not cast a vote since there was no tie.
But Wiltse said denying the license without a valid reason could potentially open the city up to a lawsuit. It is also unfair to an eligible applicant who would have to wait a year in order to reapply, he said.
"The issue on expansion was closed out by the adoption of this ordinance," Wiltse said. "I am concerned about the predicament the city is in."
Wiltse suggested one of the aldermen who was among the majority that voted "no" to granting the liquor license should change their vote - a common parliamentary procedure to keep a matter alive for reconsideration when the full council is present.
That would then allow the mayor the opportunity to again break a tie, he said.
Bogusz said he felt like the city staff is "injecting bias into this matter."
"It seems to me like the council is being steered in a particular direction," Bogusz said asking Wiltse whether the city could be sued tomorrow for denying the liquor license.
"I will not comment on the liability issues," Wiltse responded. "I am seeking to protect the city at this time."
After debating back and forth, ultimately Alderwoman Haugeberg changed her vote allowing the motion to be reconsidered, at which point Walsten walked into the meeting unleashing laughter in the audience.
Motions by Brookman attempting to deny some of the liquor licenses failed. Five of the six liquor licenses were approved with Mayor Marty Moylan again casting the tiebreaking vote, and one passed with a 5-3 majority only because Haugeberg didn't see the point of opposing it.