Naperville City Council candidate suspends campaign
One of the 20 candidates pursuing eight city council spots in Naperville says he's suspending his campaign because of a possible conflict of interest if he wins a seat in the April 7 election.
Jim Bergeron said Thursday his name likely will remain on the ballot, but he does not intend to attend any forums or fundraisers in the immediate future.
His decision came because of concerns with Naperville's municipal code, which says city council members cannot be issued a liquor license.
Bergeron holds two liquor licenses - one for the Wise Boxer Pour House and another for Jimmy's Grill - both in downtown Naperville.
The wording of the code does not prohibit a liquor license holder such as Bergeron from running for the city council.
"He is absolutely welcome to run," City Prosecutor Mike DiSanto said.
But the code does prohibit a council member from renewing a liquor license, which must be done each year.
That means if Bergeron is elected and keeps his liquor licenses, he would face an issue with code compliance by no later than 2016, DiSanto said.
DiSanto said the city's legal department would have to analyze whether a council member taking office while holding a liquor license "would fall into the prohibition."
The wording of the municipal code section - 3-3-5:14 - leaves room for interpretation of when a violation would be triggered. It says no liquor license shall be issued to "any elected public official, Naperville officer or employee or member of any Naperville board or commission; and no such official shall be interested in any way, either directly or indirectly, in the manufacture, sale or distribution of alcoholic liquor."
Bergeron said he will meet with city officials in February to see if that code can be changed. If it can be amended quickly, he said, he may resume his campaign.
The city rule is more restrictive than state regulations on the subject of liquor licenses and public officials, DiSanto said.
In 2005, the state amended its code to allow municipal council or board members to hold a liquor license and serve in an elected role as long as they follow specific steps to avoid conflicts of interest. But because Naperville's local regulation is more restrictive, it trumps the state rule in this case, DiSanto said.