After two previous denials, operators of the Empire Lounge again had their application for site approval for a liquor license turned down by a split Peoria City Council on Tuesday.
Mayor Rita Ali said she had mixed feelings about the failure of co-owners John and Brandon Sims to gain support from local homeowners associations and for having alcohol present at a private Jan. 6 event before the location had secured a valid certificate of occupancy.
“Those are concerns, and they’re not little mistakes. They’re big mistakes when you’re seeking to get site approval for a liquor license,” said Ali, who joined Bernice Gordon-Young and Andre Allen in casting the only votes for approval among the eight council members present.
“I’d like to see you have a chance to prove yourself. I’d like to see you have a chance to prove that that kind of behavior, that kind of management is not going to take place,” said Ali.
The liquor commission had recommended denial for the business at 3033 N. Sterling Ave., and an original motion to do so had been held over from the June 26 meeting.
“At this time, I cannot support this just because of all of the inconsistencies that we’ve seen,” said District 1 council member Denise Jackson. “I do believe there is an opportunity to try to fix this process; it has to happen on both sides of the spectrum with the neighborhood associations as well as Mr. Sims.
“I cannot in good conscience support this with all of the decisiveness that’s present right now.”
Before the action, Jackson asked John Sims and representatives from the Wardcliffe and Forrest Hill homeowners association to address the council members. Sims asked for forgiveness for mistakes along the way in pursuing the business and seeking the liquor license.
“We started off wrong; not engaging with District 1 councilwoman Jackson and the neighborhood associations was a big misstep in that process. So we don’t blame anybody for delays that just happened or anything else,” said Sims.
Empire Lounge employee Michael Miller also pleaded for the business to have a chance.
“I think that there was a failure of communication until we made clear what our plan is and what the actual intention is with the lounge, and it’s to provide an upscale experience to mature adults 35 and up,” said Miller. “We’re not trying to compete with other clubs because we’re not a club. This is the lounge and it’s for our more mature type of crowd.”
Current Forrest Hill Homeowners Association president Bill O’Brien and former Wardcliffe Homeowners Association president Dennis Lippert both addressed the council to oppose the application, while residents Devon Sydnor and Jackie Petty spoke in favor of the business.
“This has been a strain on both associations, because we have members and residents who obviously have concerns and different opinions,” said current Wardcliffe president Ronald Lee Givens, adding that Sims acknowledged his mistakes during a July 10 meeting with neighborhood association members.
“He also admitted that he would do what it would take to make sure that it was a good neighbor.”
Although Jackson’s motion for denial did not receive a second, it prompted Miller to storm out of the council chamber and slam the door behind him.
“If that is reflective of the type of behavior that we could expect from a manager at Empire Lounge, I have serious concerns about the operations,” Ali said during her comments.
Gordon-Young’s subsequent motion to approve the license fell one vote shy of securing a tie vote.
“I’ve been in there; it is absolutely beautiful, and I don’t know how many hundreds of thousands of dollars you’ve put into it. But you’ve certainly done the work,” said Gordon-Young. “You deserve to have at least an opportunity with this council.”
Council member Zach Oyler said he has also toured the Empire Lounge and came away impressed.
“But also at the same time, I think it’s going to be a very difficult situation to survive when the neighbors who live there, who also elect me to be here to make decisions for them, are in opposition to it,” said Oyler.
“I would really like to see you have a very successful business here. I think it would probably be better if you could have some success in running the restaurant and maybe the liquor piece of it could come later, if there’s some resolution to the relationships in the neighborhood.”
Council members Chuck Grayeb, John Kelly and Mike Vespa were absent. City manager Patrick Urich also did not attend, with assistant city manager Kimberly Richardson sitting at the horseshoe in his place.
In a separate item on the consent agenda, the council approved a liquor license for the Pop-Up Chicken Shop in the Adams & Oak building. A grand opening for the development is scheduled for Wednesday.
Nebraska Avenue upgrade
In another matter, a $4.4 million contract for a full reconstruction of Nebraska Avenue between Sterling Avenue and Interstate 74 was approved as part of the consent agenda.
The city originally intended to patch the roadway, but a further inspection showed that a full reconstruction was required. Under the plans, the roadway will be reduced from a four-lane divided highway to a three-lane configuration with one lane in each direction and a center turn lane.
A multi-use path will be built on the north side of the street, and a new sidewalk, curb and gutter and storm sewer will be constructed.
Otto Baum Company, Inc. submitted the low bid of just under $4 million, with the agreement adding 10% for contingencies.
Funding for the project comes through the 2024-25 Community Investment Plan for roadway infrastructure and will be paid for with local motor fuel tax and storm water utility funds. Construction is expected to begin in mid-August.
Public camping ordinance
In new business, Oyler requested staff to draft an ordinance to prohibit unauthorized camping on public property in the city. The move follows a recent U.S. Supreme Court ruling that allows cities to remove homeless residents sleeping outdoors.
“This has been a significant concern, especially for our businesses downtown, and so I think that we need to have that discussion,” said Oyler.
Richardson said a proposal will be prepared for the Aug. 13 agenda.
Authorizing tax liens
Peoria hopes to improve its ability to recover delinquent taxes by placing liens on properties, after the council received and filed a first reading of a proposal to update the city code to authorize the procedure.
“This is another improvement on the collection of retail sales taxes, which the proprietors collect at the till but sometimes don’t turn over to the city in a timely fashion,” said city attorney Patrick Hayes. “We think this will promote more timely payment of those amounts due.
“If they don’t pay in a timely fashion, we get 60 days’ notice and thereafter we can establish a lien on the property that would protect the city’s interest going forward.”
Under Illinois law, municipalities can record the property liens against delinquent taxpayers, as long as the penalties are timely and “not enforceable against subsequent purchasers or lien holders who had no prior knowledge.”
The ordinance would give the city the ability to use its discretion in using the tax liens where appropriate to recoup the unpaid municipal taxes.
“Our method of collection right now is to just give notice of delinquency and take action against licenses that we have. This threat of a lien will allow them to focus on the idea that we can impair the value of their real estate that they may own,” said Hayes. “Some proprietors this won’t be appropriate for, but our thought is that this will be in another tool that we can promote a collection.”
A final vote on the ordinance is set for Aug. 13.
Backyard chickens
The original agenda for Tuesday’s meeting included resumption of the discussion about creating an ordinance allowing residents to keep backyard chickens. The topic prompted a 90-minute discussion at the June 26 meeting, but no action was taken at that time beyond receiving and filing the initial presentation.
On Friday, the city announced it would defer the continued talks on the matter until the Aug. 13 meeting to give staff additional time “to gather the information needed for the discussion.”
The chickens discussion becomes the third topic pushed to the next meeting, after actions on construction of a new landfill and the site liquor license application for Highly Flavored at the Twin Towers Mall were both deferred on July 9.
In other action
Also as part of the consent agenda, the council:
- Approved a $532,000 contract with Laser Electric and a $439,000 contract with Oberlander Electric for street lighting improvements on Prospect Road and SW Adams Street, respectively;
- Authorized a $424,000 worker’s compensation settlement for a maintenance employee injured in 2019;
- Agreed to contracts totaling $146,000 with The Cleaning Source, A New View Cleaning Service, and PHD Services for janitorial services at city buildings;
- Approved a four-year contract with Image Trend, LCC to replace the fire department’s records management system, at $153,000 for the first year with options to renew additional one-year terms;
- Agreed to two-year contracts with Joe’s Towing Recovery and Mr. Towit's Wrecker Service for towing and storage, as well as a two-year contract with Jimax Landscaping for inoperable unit recycling.
Additionally, the council received and filed an Illinois Department of Transportation report on a review of the city’s 2023 state motor fuel tax disbursements. The city also was presented with a new Peoria County flag featuring the updated design that was unveiled in 2022.
