Loading...
HomeMy WebLinkAbout5H Jazz Co Cafe Withdraw Liquor LicenseCITY COUNCIL AGENDA REPORT MEETING DATE: May 3, 2010 AGENDA #: 5H PREPARED BY: Frank Boyles, City Manager AGENDA ITEM: Consider Approval of a Resolution Withdrawing the Application for Liquor License for Jazz Co. Cafe DISCUSSION: Introduction The purpose of this agenda item is to consider a request by the petitioner, Camille Myser dba Jazz Co. Cafe, to withdraw her application for a full liquor license. History Jazz Co. Cafe received and has operated its restaurant with an on-sale beer and wine license since July 1, 2009 following the installation of a separating wall in the common foyer. According to the business owner, the on-sale beer and wine license helped their business and, accordingly, she requested that liquor be added to the license. On April 5, 2010 the City Council conducted a hearing on this request. At the conclusion of the testimony, the City Council directed that the staff prepare a resolution with findings of fact approving the license. On April 19, 2010 the resolution was submitted for City Council consideration. The item was removed from the Consent Agenda and amended to clarify that hours of liquor service would correspond with existing hours of operation: until 10 p.m. Monday through Thursday, and 11 p.m. on weekends. The Council adopted the revised resolution by a 4-0 vote with Mayor Myser recusing himself. Current Circumstances I have received the attached email from Camille Myser requesting that their application be withdrawn and the additional license fee be returned to them. My understanding is that they periodically host private fund raisers after their normal operating hours and the hourly restrictions set forth in the approving resolution would preclude them from doing so in the future. In light of this fact, they are content to retain their on-sale beer and wine license. Conclusion The Council should determine if it wishes to adopt the attached resolution confirming withdrawal of the application for a full liquor license and voiding the resolution previously passed by the Council. This would leave the on- sale beer and wine license in place with the conditions previously adopted by the City Council. ISSUES: The applicant has requested withdrawal of the request for a full license. The on-sale beer and wine license has been administered in accordance with the ordinance. R:1Council\2010 Agentla Reports\05 03 10\v~ithdraw liquor license agenda.docx FINANCIAL The applicant has asked that fees paid for the full liquor license be returned IMPACT: to them. Under the City fee schedule, there are no provisions for the City to be reimbursed for administrative expenses associated with the three Council meetings at which this item has been heard. The fee schedule should be amended accordingly. ALTERNATIVES: 1. Adopt the attached resolution confirming withdrawal of the application and voiding the resolution approving a full on-sale liquor license for Jazz Co. Cafe. 2. Take no action which will confirm approval of the existing full on-sale liquor license and conditions. RECOMMENDED Alternative #1. MOTION: R:\Councii12010 Agenda Reports105 0310~withtlraw liquor license agenda.docx 2 RESOLUTION 10-xxx A RESOLUTION WITHDRAWING AN APPLICATION FOR A FULL ON-SALE LIQUOR LICENSE FOR JAZZ CO. CAFE AND AUTHORIZING REIMBURSEMENT OF THE LICENSE FEE ASSOCIATED THEREWITH Motion By: Second By: WHEREAS, On April 5, 2010 at the request of Camille Myser, dba Jazz Co. Cafe, the City Council did conduct a public hearing to consider the expansion of an on-sale liquor license from beer and wine only, to liquor as well; and WHEREAS, On April 19, 2010 the City Council considered and adopted a resolution with findings of fact approving the full liquor license subject to restrictions on the hours of liquor sales which were more restrictive than provided by State Statute; and WHEREAS, On April 30, 2010 Camille Myser dba Jazz Co. Cafe and the petitioner for the full on-sale liquor license, sent an email to the City requesting withdrawal of the application and return of all fees. 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. 2. The petitioners request for withdrawal of the application for a full on-sale liquor license and return of application fees is hereby approved. 3. Resolution 10-033 which includes findings of fact and approves the full on-sale liquor license is hereby voided. PASSED AND ADOPTED THIS 3~d DAY OF MAY 2010. YES NO M ser M ser Erickson Erickson Hedber Hedber Keene Keene Millar Millar Frank Boyles, City Manager R:ICounci112010 Agenda RepoRs\05 03 1©~,JVithtlraw Liquor license resolution.docx Page 1 of 1 Frank Boyles From: Camille Myser [camillemyser@yahoo.com] Sent: Friday, April 30, 2010 11:26 AM To: Frank Boyles Cc: John Myser Subject: withdraw of full Liquor license application Hi Frank, Please withdraw our application for full Liquor Permit and return our check. thank you, Camille Myser Jazz Company Casual Dining www ja~~cocafe.com (952)440-3278 (fast) 4/30/2010