The URL can be used to link to this page

Home My WebLink About7A Liquor License for Charlies Port on Prior Lake O* YRIO� �u 4646 Dakota Street SE Prior Lake, MN 55372 4tilvivEsole' CITY COUNCIL AGENDA REPORT MEETING DATE: AUGUST 10, 2015 AGENDA#: 7A PREPARED BY: JANET RINGBERG, ACCOUNTING SPECIALIST PRESENTED BY: FRANK BOYLES, CITY MANAGER AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF AN ON-SALE INTOXICAT- ING LIQUOR LICENSE FOR WATER STREET RESTAURANTS GROUP LLC dba CHARLIES ON PRIOR DISCUSSION: Introduction The purpose of this agenda item is to conduct a public hearing to consider ap- proval of an on-sale intoxicating liquor license for Water Street Restaurants Group LLC dba Charlies on Prior, located at 3950 Green Heights Trail. History In April 2015 Captain Jack's, located at 3950 Green Heights Trail, was sold to Lak- ers Holdings LLC. There are six members of Lakers Holdings LLC. They are the same members of Water Street Restaurant Holdings LLC, which is the licensee re- questing this liquor license. Water Street Restaurants LLC currently operates two Lago Tacos restaurants in the Twin Cities, one located at 30 Water Street, Excel- sior MN 55331, and one located at 2901 Lyndale Avenue S, Minneapolis MN 55408. Current Circumstances The Captain Jack's building has been torn down and a new bar and restaurant is being built in its place. The plan is to complete construction and be opened by the end of October 2015. The applicant is requesting a license from October 1, 2015 until June 30, 2016. This license would be up for renewal on June 30, 2016 along with all other liquor licenses in the City. The liquor license will include the premises of the building itself and the adjoining patio area. State statute allows for areas outside of a building to be included as part of the licensed premise as long as they are contiguous and access to the out- side area is through the building. Conclusion The Prior Lake Police Department has completed an investigation of this applicant to ensure that all requirements and issues concerning public safety and compli- ance have been met. Attached is an excerpt from the Prior Lake City Code on this subject for City Council information. ISSUES: All property taxes and monies owed to the City for 3950 Green Heights Trail are current. I have enclosed an excerpt from the Prior Lake City Code which provides additional information on this subject for city council information. FINANCIAL Water Street Restaurants Group LLC has paid the $500.00 investigation fee, the IMPACT: $200.00 On-Sale Sunday License fee, and the prorated On-Sale Intoxicating Li- cense fee of$4,925.00 ALTERNATIVES: 1. Conduct the public hearing, if no new information is offered, approve the on-sale intoxicating liquor license for Water Street Restaurants LLC dba Charlies on Prior for the period October 1, 2015, to June 30, 2016. 2. If new information is offered, defer approval of the license pending receipt of information. 3. Direct the staff to prepare a resolution with findings of fact to deny the li- cense request. RECOMMENDED Alternate 1 unless new information is offered at the public hearing. MOTION: 600* p�O 4646 Dakota Street SE 414vxEsolt* Prior Lake,MN 55372 RESOLUTION 15-xxx A RESOLUTION APPROVING AN ON-SALE INTOXICATING LIQUOR LICENSE FOR WATER STREET RESTAURANTS LLC dba CHARLIES ON PRIOR 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, Water Street Restaurants LLC dba Charlies on Prior has submitted an on-sale intoxicating liquor license application, 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. The liquor license for the premises of Charlies on Prior, 3950 Green Heights Trail is hereby approved for the period October 1, 2015, to June 30, 2016 and, 3. All property taxes for the premises of the 3950 Green Heights Trail are paid and current in compliance with Prior Lake City Code 301.600. PASSED AND ADOPTED THIS 10th DAY OF AUGUST 2015. , VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑ ❑ ❑ ❑ ❑ Nay ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Frank Boyles, City Manager http://financel/teams/am/October 4 201010810 2015/Charlies on Prior Resolution.docx e tea` Business Re•u is • -= • enewed to an applicant or license holder, it sh- = - evoked by the City Manager upon - • ery that the perso -•• icant or license holder was ineligible for the license under = . (Ord. Amd. 111-05, publ. 06/ No license sh- •- issued transferred or renewed if the results of the backg •.•• investi• show that issuance would not be in the public interest. 301.600: DENIALS: The following shall be grounds for denying the issuance, transfer, or renewal of a license under this Section. The following list is not exhaustive or exclusive: (1) The applicant is under the age of twenty-one (21)years. (2) The applicant has been convicted within the past five (5) years of a violation of any provision of this Section or a violation of a Federal, State, or local law, Ordinance provision, or other regulation relating to alcohol or related products. (3) The applicant or license holder has had a license to sell alcohol revoked within the preceding five (5)year of the date of application. (4) The applicant fails to provide any information required on the City license application, or provides false or misleading information. (5) The applicant or license holder has outstanding fines, penalties or property taxes owed to the City. (6) The applicant is directly or indirectly the owner of any current license issued under this Section. (7) The place of the licensed business is ineligible for a license under state law or the City Code. (Minn. Stat. §340A.412 or 340A.301). (8) Taxes, assessments, fines or other financial claims of the City are delinquent and unpaid as to the premises to be licensed. (9) The premises to be licensed is located within 300 feet of any church or school. (10) It is impractical to conduct a background and financial investigations due to the unavailability of information. (11) The applicant is not of good moral character and repute. Exceptions. If the location of the licensed business requires a Conditional Use Permit pursuant to Section 1102.1103 (5) a-e of the Zoning Ordinance adopted on February 7, 2011, the City Council may issue a liquor license conditioned upon the licensed business obtaining a Conditional Use Permit by a date certain specified in the license. Failure to obtain the Conditional Use Permit within the time specified in the license is grounds for revocation, suspension or non-renewal of the license. City of Prior Lake 301/p8 r i 0✓ LeA)oz--- l C.001 `e-- Business Regulations (Ord. Amd. 111-05, publ. 6/11/11) No license shall be granted for operation on any premises on which state, city or county taxes, assessments, fines or other financial claims of the state, city or county are delinquent and unpaid. Notwithstanding the foregoing, if the delinquent taxes, assessments, fines or financial claims are against a landowner, and the applicant or license holder in the case of a renewal, is a tenant of landowner and has no financial interest in landowner, then the City Council may, in its discretion, but shall not be required to, grant a license to an applicant so long as the applicant is not delinquent on any taxes, assessments, fines or financial claims as set forth herein. 30 700: RENEWALS: The renewal of a license under this subsection shall be handled in the same manner as the original application. Any person intending to apply to renew a liquor license must submit a renewal application, on a form provided • the City, and pay the application and license fee. A license renewal applic- in, and license fee must be submitted to the City no later than forty-five (45 days prior to the expiration of the license. The issuance of a license un•-r this •rdinance shall be considered a privilege and not an absolute right oft - applicant a • shall not entitle the holder to an automatic renewal of the license A late ee of Fifty dollars ($50.00) will be imposed on any lic- see who fails to submit - timely renewal application. 301.800: TERM: All enses are issued for a period of one (1) ye- . The license period is from July 1 to une 30. 301.900: TRANSFERS: All li,enses issued under this Se on shall be valid only on the business premises fo which the license was i -ued and only for the person to whom the license was .sued. No transfer of -ny license to another location or person shall be valid with ut the prior appr•val of the City Council. Any sale or transfer of stock of a corpora - licensee is .eemed a transfer of the license,which, without Council approval, is gr. nds for evocation of the license. 301.1000: REVOCATIONS OR SUSPEN ON: A II licenses issued by the City may be revoked or suspended by the ethods s- forth herein. 301.1001 Grounds for Revocation •r Sus•ension. ' icense issued by the City under this Section may be revoked •r suspended for any • the following reasons: (1) The license holder, i owners or employees has iolated any subsection of this Section. (2) The license hold- r, its owners or employees has violates• any applicable civil or criminal statute •rdinance, or regulation pertaining to alcoh related products. (3) The license older, its owners or employees has violated . special condition City of Prior Lake '11/p9