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HomeMy WebLinkAbout5H - On-Sale Liquor License for Jazz Co. Cafe MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: ISSUES: April 9, 2010 ~ 5H Frank Boyles, City Manager CONSIDER APPROVAL OF A RESOLUTION APPROVING AN ON-SALE LIQUOR LICENSE FOR JAZZ COMPANY CAFE Introduction The purpose of this agenda item is to have the City Council consider approval of a resolution with finding of fact approving an on-sale liquor license for Jazz Company Cafe. Historv In 2009, Jazz Company Cafe requested an on-sale beer and wine license. The license was approved subject to the condition that a barrier wall be constructed in a common foyer to separate alcohol and non-alcohol portions of the entry. Once that action was accomplished the license was issued and liquor service initiated. There have been no issues with respect to liquor service in this facility except for one incident in September 2009 when a patron left the premises with alcohol. Current Circumstances Camille Myser d/b/a Jazz Company Cafe, submitted an application for a full on- sale liquor license and following notice on the City website, posting at City Hall and submission of the agenda for Prior Lake American publication, a public hearing was scheduled and conducted on April 5, 2010. Three persons spoke in favor of the license issuance. At the conclusion of the hearing, the City Council directed that a resolution be prepared with findings of fact approving the liquor license request. Conclusion The City Council should determine if it desires to approve the resolution as submitted with amendments or take no action at this time. Since the public hearing was conducted, we have been contacted by Peter Coyle, the attorney for Dawn Schulberg who is the owner of the building in which Jazz Company Cafe is tenant. Mr. Coyle asked for a copy of the City's mailing list for the public hearing. We advised him that there was no mailing list but that he and/or Ms. Schulberg are welcome to submit written comments which the staff will share with the City Council members as part of the agenda item. The Council should be aware that the Prior Lake American, because of space limitations, did not publish the City Council agenda in the newspaper preceding the hearing. Nevertheless, the notice requirements were met since neither State Statute nor Prior Lake City Code provide for notification criteria for liquor hearings. We have believed that notification on the Website, posting at City Hall, mailing or emailing of the agenda to anyone who asks, and publication of the www.cityofpriorlake.com Phone ;952.447.9800 I Fax 952.447.4245 agenda in the newspaper constitutes reasonable notice. We have not posted legal notices for such hearings since they are not legally required, not generally read, and are costly (charged by the column inch). At the hearing, virtually every member of the Council stated that they supported the liquor license because they were convinced that the wall provides adequate separation, the license is for the building interior only, and the addition of hard liquor would not affect the public health, safety or welfare since it will not change the character or clientele of the restaurant which has had a good record with its existing liquor license. FINANCIAL IMPACT: None since the City is already doing liquor compliance checks of this site. ALTERNATIVES: 1. Approve as part of the Consent Agenda, the Resolution with findings of fact approving the on-sale liquor license for Jazz Company Cafe. 2. Remove the item from the Consent Agenda for additional discussion and subsequent action. RECOMMENDED Alternative 1 or 2. MOTION: 2 O~ PRIO~ ~ (" r-. ~ U ~ ~ ~lNNESO~~ WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 RESOLUTION 10-xxx A RESOLUTION ESTABLISHING FINDINGS OF FACT SUPPORTING THE APPROVAL OF AN ON-SALE LIQUOR LICENSE FOR JAZZ COMPANY CAFE LOCATED AT 4616 COLORADO STREET Motion By: Second By: On April 5, 2010 the City Council conducted a hearing to afford members of the public interested in an on-sale liquor license application by Camille Myser for Jazz Company Cafe with an opportunity to address the City Council regarding the license application; and After taking testimony from the applicant, a member of the Community Safety Advisory Committee, who appeared to represent her own views and not those of the Committee, and Council members discussion regarding their own experience as a patron or visitor to the premises, the City Council voted to approve the issuance of an on-sale liquor license to Camille Myser d/b/a Jazz Company Cafe subject to one condition; and The single condition for the on-sale intoxicating liquor license requires the applicant to post signage on a door that allows egress from the interior of the Jazz Company Cafe to a common foyer sometimes used to access restroom facilities used by patrons of the Jazz Company Cafe and Premier Dance Academy; and In 2009 when Camille Myser d/b/a as the Jazz Company Cafe applied for an on-sale beer and wine license the City Council required as a condition of the license that Jazz Company Cafe construct a wall and door, to delineate the licensed premise (area where wine and beer would be served) from the Premier Dance Academy; and The construction of the wall and door were completed in accordance with the International Building Code and an on-sale beer and wine license was issued effective July 1, 2009; and the on-sale beer and wine license remains in effect at present with no actual or alleged violations; and Camille Myser d/b/a Jazz Company Cafe requested that the City Council issue a full on-sale liquor license in order to sell hard liquor and mixed drinks in addition to beer and wine within the premises of the restaurant (no outdoor sales); and The applicant paid a pro-rated fee for the license request for the period May 1, 2010 through June 30, 2010; and The Prior Lake Police Department conducted a background check on the applicant and considered the applicant's proposed liquor storage plan; and WVfW. .cityofpriorlake. com Phone 952.447.9800 I Fax 952.447.4245 WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, Minnesota Statute Chapter 340A does not require a city to conduct a public hearing as a condition precedent to issuing a liquor license; but the Prior Lake City Code requires the City Council to allow those persons interested in a liquor license application "with an opportunity to be heard;" and It has been the practice of the City to conduct a "public" hearing for all liquor license applications and such a hearing was scheduled, as part of the regular April 5, 2010 City Council meeting at approximately 7:00 p.m.; and Consistent with past practice and City policy, notice of the public meeting was provided via email to the Prior Lake American, posted at City Hall, and posted on the City's web site; and Any member of the public interested in receiving copies of the City Council agenda or materials relating to a particular subject that will appear on the agenda may make a written request to the City to have their name added to a list of individuals and entities who desire to receive emailed copies of the agenda, agenda items on a particular subject; and Consistent with the City Council bylaws, the staff prepared and made available to the public via the City web site on April 1, 2010, a written report on the liquor license application; and the City Council conducted said public hearing on April 5, 2010 for the purpose of hearing testimony from any persons who requested to be heard for or against the granting of the license; and The City Council took action to close the public hearing and directed staff to prepare this resolution outlining its findings of fact to support its decision to issue the on-sale intoxicating liquor license. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. FINDINGS OF FACT 2. Having heard testimony from the applicant and public, the City Council makes the following findings of fact: a. Based upon a background investigation by the Police Department, the applicant and facility meet the statutory and City Code requirements for the City Council to issue Camille Myser d/b/a Jazz Company Cafe an on-sale liquor license. b. The City Council may impose criteria and conditions on the issuance of an on-sale liquor license. c. The applicant received and has operated the Jazz Company Cafe with an on-sale beer and wine license since July 1, 2009. d. There was one incident, during Ladies Night Out, where wine was taken from the licensed premise and carried into the restroom across the common access corridor, but the City is not aware of any other infractions since the license was issued effective July 1, 2009. R:\Council\2010 Agenda Reports\04 19 10\Jazz Company Cafe liquor license resolution DOC e. The applicant has successfully passed Police Department-sponsored sale-to-minor checks. f. The applicant has complied with the condition imposed on the on-sale beer and wine license that required the construction of a wall and door in the common area separating the two business uses that occupy the building. g. The City Council finds that some people desire to enjoy a cocktail, wine or beer when they go out to dinner and the ability to serve beer, wine or intoxicating liquor at the Jazz Company Cafe is an amenity to the food service. h. The facility is a restaurant which happens to serve liquor rather than a tavern which happens to serve food. i. There are other restaurants in the vicinity, such as Appleby's, Fong's, and the Cove that are dining venues that happen to serve alcohol. J. The addition of hard liquor and mixed drinks to the existing availability of beer and wine will not change the character of the restaurant or its current operation. k. The hours of the restaurant are not expected to change from the current 9 or 10 p.m. weekday and 11 p.m. weekend closing. I. The Police Chief reports that the addition of hard liquor and mixed drinks does not appreciably increase enforcement efforts or risk of liquor law violations. m. The applicant must install signage on the door(s) leading to the common corridor that no liquor, in any form, may be removed from within the Jazz Company Cafe. n. Jazz Company Cafe has a primarily family orientation and the typical client served by the restaurant is not expected to change appreciably. o. All on-sale liquor licenses include an additional safeguard which includes annual review for compliance to statutory and City Code requirement which provide both for criminal and civil penalties up to and including revocation of license for non-compliance. 3. Based upon its findings of fact listed above, the City Council determines that the public health safety and welfare of the community will not be adversely affected by approving an on-sale intoxicating liquor license to Camille Myser, d/b/a Jazz Company Cafe. 4. The City Council hereby adopts this resolution approving an on-sale liquor license for Camille Myser, d/b/a Jazz Company Cafe, subject to the following condition: . Installation of additional signage at all exits from the restaurant advising that alcohol may not be taken outside the licensed premises. PASSED AND ADOPTED THIS 19th DAY OF APRIL, 2010. YES NO Myser Erickson Hedberg I Keeney I Millar Myser Erickson Hedberg Keeney Millar Frank Boyles, City Manager R:\Council\2010 Agenda Reports\04 19 10\Jazz Company Cafe liquor license resolution.DOC