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Home My WebLink About10A Liquor License Renewals/ O~ P ��P 4 U crj 4646 Dakota Street SE '�'frnveso� Prior Lake. NM 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: JUNE 20, 2011 AGENDA #: 10A PREPARED BY: JANET RINGBERG, LICENSE CLERK PRESENTED BY: FRANK BOYLES, CITY MANAGER AGENDA ITEM: CONSIDER APPROVAL OF RESOLUTIONS REGARDING THE LIQUOR LICENSE RENEWALS FOR 2011 - 2012 DISCUSSION: Introduction The purpose of this agenda item is to consider approval of resolutions approving the renewal of liquor licenses which are currently held in the City of Prior Lake for 2011 - 2012. History The City Code provides that the City Council may approve the renewal of annual on -sale intoxicating, Sunday liquor, off -sale intoxicating, on -sale wine, off -sale 3.2 malt liquor, on -sale 3.2 malt liquor, and club licenses. State statute requires that all licenses must expire on the same date, June 30 of each year. Current Circumstances A total of sixteen liquor license renewal applications have been submitted for the 2011 -2012 license year. All applicants have submitted the required documentation to renew their licenses. They have provided proof of liquor liability insurance. Prior Lake City Ordinance 301.600 states that no license shall be granted for operation on any premises for which taxes, assessments or other financial claims of the City are delinquent or unpaid. The Scott County Treasurer's records and City records show that all property taxes and money owed to the City are current for all applicants. The Prior Lake Police Department has conducted an investigation and has reported that in the past five years the following establishments have been cited for selling alcohol to minors: 2010 — Basement Bar & Grill, Prior Lake VFW, MGM Liquor 2009 — Prior Lake Amateur Baseball Association 2008 — Fong's Chinese Cuisine 2007 — Viking Liquor 2006 — TJ Hooligan's In each of the above cases the clerk who sold the liquor has or will have the case adjudicated in district court and the facility owner has or will receive a civil penalty in accordance with Section 301 of the City Code. As part of our liquor license renewal process this year we checked each licensed premise with respect to our ordinance requirements. In the process we learned that the Cove restaurant is in a C -2 zoning district which permits "Restaurants, lodges and Clubs with Liquor" as a Conditional Use. The Cove does not have a CUP and should be required to obtain one to bring this facility into full conformance with existing ordinance. Such action is appropriate because City records indicate that a liquor license has been granted to a restaurant at 15750 Highway 13 since 1992 with the exception of a one year period between 2002 when the building was vacant and a period of less than one year between 2003 -2004 when Brew - Berries coffee occupied the building. The City has issued liquor licenses to restaurants at the location since 2005. In accordance with City Code Section 1102.1103 (5) the Cove should apply for a Conditional Use Permit. I have met with the owners of The Cove to advise them they must obtain a Conditional Use Permit. I advised the owners that I am recommending the City Council approve the renewal of the liquor license for The Cove subject to a license condition that requires them to obtain a CUP within 180 days of date the renewal license becomes effective. Therefore three resolutions are included for city council consideration. One resolution for The Cove which includes a license condition requiring the owners to obtain a CUP, one resolution for Sassy's dba Memories on Main with one condition and one resolution for all other renewal requests. FINANCIAL Included in this agenda report is Exhibit A which details the license type IMPACT: and fees for the applicants, who have paid a total of $56,900.00 for their licenses. In addition to the license fees, a total of $150.00 in late fees has been collected from applicants who were late submitting their renewal applications (three applicants @ $50.00 per late fee). ALTERNATIVES: 1. Motion and second to approve a resolution approving renewal of the liquor licenses for 2. for 2011 -2012 Motion and second to approve renewal of the liquor license for The Cove Restaurant for the license year 2011 -2012 subject to the condition that The Cove apply for and obtain a Conditional Use Permit within 180 days of the license renewal period. 3. Motion and second to approve a resolution approving a liquor license for Sassy's dba Memories on Main subject to one condition. 4. Motion and second to direct staff to prepare a resolution(s) with findings of fact denying one or more liquor license renewal applications and setting out the rationale for the City Council's decision to deny the renewal(s). 5. Defer action to a date certain and provide staff with additional direction. RECOMMENDED Alternative #1, 2 and 3. MOTION: 2 Exhibit A City of Prior Lake 2011- 2012 Liquor License Applicants Name and Address Type of License $ 6,300.00 License Fee Basement Bar & Grill $ 200.00 Holiday Stationstore 16691 Highway 13 South On -Sale Intoxicating $ 6,300.00 Prior Lake MN 55372 Sunday On -Sale $ 200.00 Captain Jack's 3950 Green Heights Trail SW On -Sale Intoxicating $ 6,300.00 Prior Lake MN 55372 Off -Sale Intoxicating $ 380.00 Sunday On -Sale $ 200.00 The Cove 15750 Highway 13 South On -Sale Wine $ 1,500.00 Prior Lake MN 55372 On -Sale 3.2 Malt Liquor $ 300.00 Dakota Liquor Inc. 14065 Commerce Avenue NE Off -Sale Intoxicating $ 380.00 Prior Lake MN 55372 Extra Innings Saloon 16299 Main Avenue SE On -Sale Intoxicating $ 6,300.00 PO Box 411 Sunday On -Sale $ 200.00 Prior Lake MN 55372 $ Fong's Chinese Cuisine 4770 Pleasant St Suite 3 On -Sale Intoxicating $ 6,300.00 Prior Lake MN 55372 Sunday On -Sale $ 200.00 Holiday Stationstore 16800 Duluth Avenue SE Off -Sale 3.2 Malt Liquor $ 100.00 Prior Lake MN 55372 MGM Wine & Spirits 14173 Commerce Avenue NE Off -Sale Intoxicating $ 280.00 Prior Lake MN 55372 Memories On Main 16211 Main Avenue SE On -Sale Intoxicating $ 6,300.00 PO Box 393 Sunday On -Sale $ 200.00 Prior Lake MN 55372 K Perron's Sul Logo 16154 Main Avenue SE #135 On -Sale Intoxicating $ 6,300.00 Prior Lake MN 55372 Sunday On -Sale $ 200.00 TJ Hooligan's Late Fee $ 50.00 Prior Lake Amateur Baseball Assn On -Sale Intoxicating $ 6,300.00 5181 160th Street SE On -Sale 3.2 Malt Liquor $ 300.00 Prior Lake MN 55372 Prior Lake VFW Post #6208 16306 Main Avenue SE Club License $ 650.00 Prior Lake MN 55372 Sunday On -Sale $ 200.00 TJ Hooligan's 16731 Highway 13 South On -Sale Intoxicating $ 6,300.00 Prior Lake MN 55372 Sunday On -Sale $ 200.00 Viking Liquor Barrel 16290 Highway 13 South Off -Sale Intoxicating $ 380.00 Prior Lake MN 55372 Late Fee $ 50.00 Village Liquor 16731 Highway 13 South #102 Off -Sale Intoxicating $ 280.00 Prior Lake MN 55372 Late Fee $ 50.00 The Wilds Golf Club 3151 Wilds Ridge NW On -Sale Intoxicating $ 6,300.00 Prior Lake MN 55372 Sunday On -Sale $ 200.00 Total Liquor License Fees $ 56,900.00 4 rte, PRIO op U iri �.�!!!� 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 11 -xxx A RESOLUTION TO CONSIDER APPROVAL OF A LIQUOR LICENSE RENEWAL FOR 2011— 2012 FOR THE COVE Motion By: Second By: WHEREAS, Minnesota Statutes Chapter 340A authorizes the City to issue on and off sale liquor and 3.2 malt liquor license, Sunday licenses, and club licenses, and WHEREAS, Prior Lake City Code sets forth the application process for such licenses, and WHEREAS, Applicants have submitted liquor license applications as set forth in Exhibit A, and WHEREAS, Pursuant to the Prior Lake City Code section 301.600, "no license shall be granted for operation on any premises on which taxes, assessments or other financial claims of the City are delinquent or unpaid." 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. Exhibit A referenced above is incorporated herein if fully set forth, 3. The liquor licenses for the premises set forth in Exhibit A are hereby approved for the period July 1, 2011 to June 30, 2012 and, 4. All premises shall comply with Prior Lake City Code 301.600 no later than June 30, 2011 to be eligible for licensure. 5. The Cove shall secure a Conditional Use Permit within 180 days of July 1, 2011. PASSED AND ADOPTED THIS 20th DAY OFJUNE 2011 YES NO M ser M ser Erickson Erickson Hedberg Hedber Keeney Keene Soukup Souku Frank Boyles, City Manager CADocuments and Settingslcgreeffly Documents\SharePoint Drafts12011 -2012 Liquor License Renewal Resolution for The Cove.doc PRIO /� 7R U try 4646 Dakota Street SE '�INrvESO��' Prior Lake. MN 55372 IN*Is]IN I M L M I A RESOLUTION TO CONSIDER APPROVAL OF A LIQUOR LICENSE RENEWAL FOR 2011— 2012 FOR SASSY'S INC dba MEMORIES ON MAIN Motion By: Second By: WHEREAS, Minnesota Statutes Chapter 340A authorizes the City to issue on and off sale liquor and 3.2 malt liquor license, Sunday licenses, and club licenses, and WHEREAS, Prior Lake City Code sets forth the application process for such licenses, and WHEREAS, Applicants have submitted liquor license applications as set forth in Exhibit A, and WHEREAS, Pursuant to the Prior Lake City Code section 301.600, "no license shall be granted for operation on any premises on which taxes, assessments or other financial claims of the City are delinquent or unpaid." 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. Exhibit A referenced above is incorporated herein if fully set forth, 3. The liquor licenses for the premises set forth in Exhibit A are hereby approved for the period July 1, 2011 to June 30, 2012 and, 4. All premises shall comply with Prior Lake City Code 301.600 no later than June 30, 2011 to be eligible for licensure. 5. The license shall be conditional upon continuous cooperation with the Prior Lake Police Department. PASSED AND ADOPTED THIS 20th DAY OFJUNE 2011 YES NO M ser M ser Erickson Erickson Hedberg Hedber Keeney Keene - Soukup Souku Frank Boyles, City Manager CADocuments and Settingslcgreen\My Documents\SharePoint Drafts12011 -2012 Liquor License Renewal Resolution for Sassy's Inc.doc U ��►� 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 11 -xxx A RESOLUTION TO CONSIDER APPROVAL OF THE LIQUOR LICENSE RENEWALS FOR 2011 -2012 Motion By: Second By: WHEREAS, Minnesota Statutes Chapter 340A authorizes the City to issue on and off sale liquor and 3.2 malt liquor license, Sunday licenses, and club licenses, and WHEREAS, Prior Lake City Code sets forth the application process for such licenses, and WHEREAS, Applicants have submitted liquor license applications as set forth in Exhibit A, and WHEREAS, Pursuant to the Prior Lake City Code.section 301.600, "no license shall be granted for operation on any premises on which taxes, assessments or other financial claims of the City are delinquent or unpaid." 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. Exhibit A referenced above, which includes Basement Bar & Grill, Captain Jack's, Dakota Liquor, Extra Innings Saloon, Fong's Chinese Cuisine, Holiday Stationstore, MGM Wine & Spirits, Perron's Sul Lago, Prior Lake VFW, TJ Hooligan's, Viking Liquor Barrel, Village Liquor, and The Wilds Golf Club, is incorporated herein if fully set forth, 3. The liquor licenses for the premises set forth in Exhibit A are hereby approved for the period July 1, 2011 to June 30, 2012 and, 4. All premises shall comply with Prior Lake City Code 301.600 no later than June 30, 2011 to be eligible for licensure. PASSED AND ADOPTED THIS 20th DAY OFJUNE 2011. YES NO M ser M ser Erickson Erickson Hedberg Hedber Keene - Keeney Soukup Souku Frank Boyles, City Manager CADocuments and Settingslcgreen ft Documents&arePoint Drafts12011 -2012 Liquor License Renewal Resolution.doc