A potential one-year moratorium on the issuance of certain Waukegan liquor licenses is gaining the support of some City Council members, though there is not yet agreement on how to refine the proposed legislation.
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Ald. Thomas Hayes, 9th Ward, said provisions in the proposed ordinance allowing some types of licenses leave potential loopholes, while Ald. Juan Martinez, 3rd Ward, believes the temporary ban is necessary for the community.
Martinez and Hayes exchanged their views as Martinez agreed to “work out the kinks” during a meeting of the council’s Community Development Committee so the full nine-member City Council can make a decision allowing the moratorium to take effect.
The Community Development Committee voted 3-2 Monday at City Hall to give the ordinance a positive recommendation to the City Council for final action on what will be a revised version of the proposal.
The City Council is scheduled to vote on a temporary one-year moratorium on select classes of liquor licenses at 7 p.m. on May 18 at City Hall.
Hayes said the ordinance as initially proposed would allow restaurants, restaurants with outdoor service, packaged beer and wine establishments and hotels to continue to apply for a license. He wants more specificity.
“What’s the reason for excepting out these four and not the others?” Hayes said. “It seems like we’re stepping into a minefield. If we don’t have very clear direction on why we’re doing what we’re doing, this seems like a pretty nuclear option.”
Michael Castaldo Jr., an attorney with corporation counsel Ottosen DiNolfo Hasenbalg & Castaldo, said initially council members proposing the moratorium wanted a complete moratorium.
As discussions took place between some council members and representatives from Mayor Sam Cunningham’s office, Castaldo said it became clear a complete moratorium may work against the city’s best interests.
Castaldo said a quality restaurant serving wine with dinner, or a hotel with a bar in the lobby, might choose not to open in Waukegan. Some said a restaurant serving drinks might be acceptable, while a bar with appetizers may not.
“What if Gibson’s came and said I want to bring a restaurant into Waukegan,” Castaldo said. “The feedback I got was yes. You don’t (seem) to want package sale goods (or) liquor stores.”
Hayes wants more specific information. He said the council should decide whether caterers should be included. The College of Lake County and outside groups hold events in the Eleanore Murkey Room on the Waukegan campus. The proposed law is silent on the subject of the school.
“I want to make very clear what’s in it, and what’s not in it, and what our reasoning is because we’re going to have a lot of answering to do,” Hayes, an attorney, said. “People are going to seek exceptions, and we’re going to find ourselves on a very slippery slope.”
Martinez is more concerned with people living in his ward who are pressing him to get a moratorium enacted. He said the freeze is “good for the residents of Waukegan.” He suggested working on the details.
“We can talk about putting a ban on plastic bags and helium balloons,” Martinez said, referring to legislation the city has approved or is considering. “Why not look out for the well-being of our residents? I live in a ward where there are a lot of homeless people, and this is what causes it.”
Ald. Lynn Floran, 8th Ward, said the existing liquor laws give the city ample ability to control the situation. Liquor licenses in the city of Waukegan belong to a person, not a business. Everyone who wants one must apply. The council votes on every one.
“If they bring a liquor license to us, all we have to do is vote no,” Florian said. “We have to look at the facts and decide if it is something that brings more benefit than harm to our community, and we just vote no if we don’t want any more liquor licenses.”
Though he does not think a moratorium is necessary, Hayes said he is not against a pause. He offered to work with Castaldo on the finalized ordinance. He wants some situations included.
“We should take a real hard look at nightclub endorsements,” Hayes said. “I have not seen one in Waukegan that’s not doing more harm than good.”
Castaldo said he will prepare a final copy of the ordinance before the next meeting and share it with Hayes.
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