Waguespack makes it clear to new businesses that community input is important

Community input regarding licensing and zoning changes in his ward is something that 32nd Ward Alderman Scott Waguespack is clear about.  "We tell all new business owners that it is in their best interest to set meetings up with the local community groups. We encourage them to reach out to these groups because they are assured that if they don't get some advisory opinion or agreement with them that it will make it harder on them in the long run," explained Waguespack at the Wednesday meeting between residents and Cesar Castellaos, owner of Cesar's restaurants.

Castellaos applied for a liquor license at 1649 N. Damen which triggered notices being sent to registered voters within 250 feet of the premises. The alderman's office was unaware that Cesar's was planning to lease the site for a third location for his Mexican restaurant until residents started calling the Ward Office expressing their concerns.

In fact, Cesar's is also looking for a special use zoning variation to utilize a second floor outside balcony as a restaurant serving space.

"The current trend is that people want open restaurants. Restaurant owners want open restaurants with liquor licenses because that is where they get a lot of their income," explained Elizabeth Gomez, 32nd Ward Director of Outreach. "In our office, we want to try to create a relationship between the owner of the business and the residents to see if there is a way to equalize the interests and concerns of both."

"Residents within 250 feet of an application for a liquor license are notified about the application and have 40 days from receipt in which to write a letter to the Dept. of Business Affairs and Consumer Protection and tell them that you object to the license. Specific reasons why you do not want this license granted must be given. Possible reasons may include over saturation of liquor licenses in the area.

"Other people may express their opinions too but the department looks at the percentage of objectors who are registered voters. If the department  denies it, they often try to get the residents and applicants together to see if the concerns can be worked out.

"If a license is approved and there are problems with compliance, there is the deleterious Impact ordinance. If you live within 500 feet of a license holder, you are allowed to write letter explaining that you are unhappy with a specific liquor license holdee. You must state your objects. That starts what is called 'the community meeting process.'

"The holdee is notified the issue and is required to meet with the local liquor commission and the Dept. of Business Affairs and Consumer Protection to come up with an agreement between the resident and business owner, addressing the issues being presented.

If there is no agreement then it goes into a petition process in the legal department and they decide if the license is to be revoked."

Zoning variations such as special use needed by Cesar's are handled by the Zoning Board of Appeal (ZBA). People objecting to a variation do not have to be physical located within so many feet of the business. Anyone objecting to a zoning variation may put that objection in writing and submit it to the Alderman's office.

Whereas the Board meets behind closed doors, their decision can be influenced by a large community presence at their meeting in City Hall. Meetings are held during the day. It is often difficult to get enough people to participate put it can be successful with enough community participation. If the community does not participate it is up to the police and the ward office to try and resolve the issue.

In the case of Cesar's, they are expected to go before the Bucktown Community Organization (BCO), the Wicker Park / Bucktown Chamber of Commerce and the Wicker Park Committee (WPC).