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HomeMy WebLinkAbout8C Public Hearing The Cove Liquor License,F~4 ~RIp~`4 4646 Dakota Street S.E. v ~, ~ ~ Prior Lake, N_[N 55372-1714 ~~INNESOTP `~ CITY COUNCIL AGENDA REPORT MEETING DATE: JA(~UARY 20, 2009 AGENDA #: 8C PREPARED BY: JAh~ET RINGBERG, LICENSE CLERK AGENDA ITEM: PUE3LIC HEARING TO CONSIDER APPROVAL OF THE ISSUANCE OF AN ON-SALE WINE/BEER LICENSE FOR THE COVE DISCUSSION: Bruce Larson and Brock Larson have applied for an on-sale wine/beer to sell wine and beer at The Cove located at 15750 Highway 13 (the former Lakehouse Grill location). 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/beer license for The Cove. The Council should hear the staff report ope€i the public hearing, receive testimony, close the public hearing, deliberate and cite reasons for their positions and then take action on this request citing their rationale. The Larson's have paid the prorated license fee for the period February 1, 2009 to June 30, 2009. They have provided the City with all required documents and have provided proof of liquor liability insurance. All county taxes are current for 15750 Highway 13. The Prior Lake Police Department has completed its investigation and finds the request conforms to the minimur criteria set forth in state statute and city code. The Cove will serve food, wine and beer. Food hours are to be 11 a.m. to 11 p.m. year round. They expect to have live and amplified music within the facility focusing upon acoustics, duos and smaller bands. ISSUES: The City Code provides a number of criteria for the issuance of such licenses. A few are shown below: `i. For an on-sale wine/beer license a restaurant must have the facilities for seating at least 25 guests. The Cove will have capacity for 100 guests. ~. Instructional program for clerks. The Larson's have confirmed that an instructional program in conformance with the ordinance and state statute will be provided on an ongoing basis to the employees they will hire. www. cityofpriorlake. com 'Phone 352.447.9800- /~ Fax 952.447.4245 3. Premises to be licensed may not be located within 300 feet from church or public school. The closest K-12 school is Westwood which is at Franklin Trail and County Road 44 and the closest church is St. Paul Lutheran located at TH13 and Luther Road. Both are further than 300 feet from this property. Other Considerations The geographic location of this facility isolates it from both residential and commercial facilities in the area. There is a wetland behind the property and residential beyond that while TH13 is in front. The closest buildings are US Banlc and the old Norex building. TH13 and Franklin Trail provide effective access and egress for the site. Conclusion The City Council should hear the staff report, provide the opportunity for public input, and then act upon the request based upon information submitted at the hearing together with councilmember experience, knowledge and discretion. The council should articulate their reasoning for any action taken for the record. ALTERNATIVES: The City Council has the following alternatives: 'I . Conduct and close the public hearing, discuss the issues, articulate reasons for support and make a motion issuing the requested license with or without conditions. ~?. Conduct and continue the public hearing to solicit additional input. ~. Conduct and close the public hearing and move to deny the license and direct staff to prepare a resolution with findings of fact for subsequent Council adoption. RECOMMENDED As determined by the City Council. MOTION: Reviewed by: Frank Boyles, City Man