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HomeMy WebLinkAbout8 - Public Hearing - On Sale Beer/Wine License for Jazz Co. Cafe MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: ISSUES: CITY COUNCIL AGENDA REPORT JANUARY 5, 2009 8A JANET RING BERG, LICENSE CLERK PUBLIC HEARING TO CONSIDER APPROVAL OF THE ISSUANCE OF AN ON SALE BEERlWINE LICENSE FOR JAZZ CO. CAFE Historv Camille Myser, owner of the Jazz Co. Cafe, is applying for an on-sale beerl wine license in order to sell wine and beer at her restaurant at 4616 Colorado Street SE. Prior Lake City Code Section 301.503 provides that with respect to a liquor license request, the City Council.... .shall hear testimony from any person who requests to be heard for or against the granting of the license. After the investigation and hearing the Council shall, in its discretion, grant or deny the issuance of the license." Current Circumstances The purpose of tonight's public hearing is to consider the issuance of an on- sale wine license for Jazz Co. Cafe. The Council should hear the staff report, open the public hearing to receive testimony, close the public hearing and then take action on this request. This license will be valid from January 5, 2009 until June 30, 2009, at which time it will be considered for renewal along with all current liquor licenses in Prior Lake. Ms. Myser has paid the prorated license fee of $625.00 and she has provided the City with all required documents proof of liquor liability insurance. All county taxes are current for 4616 Colorado Street SE. The Prior lake Police Department has completed its investigation and has found no reason to deny this license request. They have also reviewed the plans for storage of all alcohol products so as not to make it accessible to anyone except cafe employees. City Code provides a number of criteria for the issuance of liquor licenses: 1. For a beer/wine license, a restaurant must have the facilities for seating at least 25 guests. Jazz Co. Cafe can seat up to 31 guests. 2. Instructional program for clerks. Ms. Meyser has confirmed that an instructional program in conformance with the ordinance will be provided on an on-going basis to employees. www.cityofpriorlake.com Phdne952'.44?198,@O/' Ffu{ 952.447.4245 3. The premise to be licensed is located within 300 feet of any church or school. The closest school to Jazz Co. Cafe is St. Michael's at Duluth and Colorado. The closest churches are St. Michael's at Duluth and Colorado and Holy Trinity Methodist Church at Arcadia and Dakota. Both are well beyond 300 feet. Premiere Dance Academy is not a K-12 school within the meaning of the law or as administered by the City for all other liquor licenses. 4. Other considerations. Ms Meyser desires to take steps to define the area in which persons may consume alcohol. Presently there is a common open entry between the Jazz Co. Cafe and Premiere Dance. Ms. Meyser is constructing a wall and door separation to provide for a separate entry to each establishment. Conclusiol1 The City Council should hear the staff report, provide the opportunity for input as part of the public hearing and act upon the license request based upon testimony received. This staff report and the individual Councilmember's experience, knowledge and judgment which should be articulated as part of the deliberations and conclusions. ALTERNATIVES: The City Council has the following ,alternatives: 1. Adopt a motion approving the on-sale beer/wine license. 2. Deny the liquor license request. RECOMMENDED MOTION: Review 1\J Frank Boyles, Ci M