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HomeMy WebLinkAbout7A Artisan Bistro and Bar 2017 Liquor License Report4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: DECEMBER 4, 2017 AGENDA #: 7A PREPARED BY: JANET RINGBERG, ACCOUNTING SPECIALIST PRESENTED BY: FRANK BOYLES, CITY MANAGER AGENDA ITEM: DISCUSSION: ISSUES: PUBLIC HEARING TO CONSIDER APPROVAL OF AN ON-SALE INTOXICAT- ING LIQUOR LICENSE FOR ARTISAN NEXUZ LLC dba ARTISAN COFFEE BISTRO 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 Artisan Nexuz LLC dba Artisan Coffee Bistro, located at 16731 Highway 13 South Suite 104. History In 2012 Artisan Coffee Bistro opened at 16731 Highway 13 South Suite 104. At that time they were granted an on-sale wine and beer license. In 2013 they changed their liquor license from on-sale wine and beer to a full on-sale intoxicat- ing liquor license. Current Circumstances The Artisan Coffee Bistro is being sold to Artisan Nexuz LLC dba Artisan Coffee Bistro. Liquor licenses cannot be transferred from one licensee to another, therefore Artisan Coffee Bistro is seeking approval of an on-sale intoxicating liquor license. They are also applying for a Sunday on-sale license which will allow them to sell liquor on Sundays. Artisan Coffee Bistro will be leasing their business space. They will not be applying for a 2 AM liquor license with the state as they plan on closing before 1 AM each day. This license would be valid from December 4, 2017 to June 30, 2018, at which time it would be subject to renewal along with all other liquor li-censes issued in the city. 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. Section 301.600 of the city code states that the council can deny a license re- quest if all taxes, assessments, fines or other financial claims of the city, county, or state are not current. It also states that if the financial claims are against a land- owner, and the applicant is a tenant, the council, at its discretion, can grant a li- cense to the applicant so long as the applicant is not delinquent on any taxes, as- sessments, fines or financial claims. All taxes and water bills for 16731 Highway 13 South and the Artisan Coffee Bistro are current. 2 FINANCIAL IMPACT: It has been the city’s practice to conduct a public hearing for initial license issu- ance but not for renewals. Therefor the city council should conduct a public hear- ing to determine if substantial information is offered which would be germane to this topic. Once the hearing is conducted, the city council could take action it deems appropriate. Artisan Nexuz LLC dba Artisan Coffee Bistro has paid the $500.00 investigation fee, the $200.00 On-Sale Sunday License fee, and the prorated On-Sale Intoxicat-ing License fee of $3,850.00. ALTERNATIVES: 1.Conduct the public hearing and if no new information is offered, approve the resolution issuing an on-sale intoxicating liquor license, including Sun- day sales for Artisan Nexuz LLC dba Artisan Coffee Bistro for the period December 4, 2017 to June 30, 2018 as proposed or with conditions. 2.Take no action and direct the staff to obtain additional information relative to the license issuance or denial. 3.Direct staff to prepare a resolution with findings of fact denying the license request. RECOMMENDED MOTION: Alternative #1. 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 17-___ A RESOLUTION APPROVING AN ON-SALE INTOXICATING LIQUOR LICENSE FOR ARTISAN NEXUZ LLC dba ARTISAN COFFEE BISTRO Motion By: Second By: WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, 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 Prior Lake City Code sets forth the application investigation and approval process for such licenses, and Artisan Nexuz LLC dba Artisan Coffee Bistro has submitted an on-sale intoxicating liquor license application, and Artisan Nexuz LLC dba Artisan Coffee Bistro is leasing the premises of 16731 Highway 13 South, and 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.” City Code section 301.600 also states “Notwithstanding the foregoing, if the delinquent taxes, assessments, fines or other financial claims are against a landowner, and the applicant is a tenant of landowner and has no financial interest in landowner, then the City Council may, at 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.” 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 Artisan Nexuz LLC dba Artisan Coffee Bistro, 16731 Highway 13 South is hereby approved for the period December 4, 2017 to June 30, 2018 and, 3.All property taxes for the premises of the 16731 Highway 13 South are paid and current in compliance with Prior Lake City Code 301.600. PASSED AND ADOPTED THIS 4th DAY OF DECEMBER 2017 2 VOTE Briggs McGuire Thompson Braid Burkart Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐☐ ☐ ☐ ☐ Abstain ☐☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager