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Home My WebLink About2008-01-02 PACKET 06.A.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 1/2/2008 ° PREPARED BY: City Clerk Caron Stransky ORIGINATING DEPARTMENT STAFF AUTHOR �.��,��.��,��.��,�� COUNCIL ACTION REQUEST: Hold the public hearing and consider authorizing issuance of an On Sale Intoxicating and Special Sunday Liquor License to Applebee's Restaurants North LLC/DBA Applebee's Neighborhood Grill & Bar, and consider authorizing a prorated refund of 2008 Iiquor license fees to Apple American Limited Partnership of Minnesota. STAFF RECOMMENDATION: 1. Hold the Public Hearing. 2. Authorize issuance of an On Sale Intoxicating Liquor License and Special Sunday Liquor License to Applebee's Restaurants North L�C/DBA Applebee's Neighborhood Grill & Bar, contingent on receipt of an updated Certificate of Liquor �iability Insurance and payment of 2008 License Fees. 3. Authorize a prorated liquor license refund of $8,708.33 to Apple American Limited Partnership of Minnesota. SUPPORTING DOCUMENTS: � MEMO/LETTER: Memo from Neil Belscamper dated 12/26/2007. ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Attachments. ADMINISTRATORS COMMENTS: ,� ..��-�..� �ry�,�,�.�� ':�-,�`�� rz--��> 7 �'' City Administrator � Date ��.�,��.� COUNCILACTION TAKEN: APPROVED ❑ DENIED THER C:\Documents and Settings\nbelscam\Desktop\CC Action Form.doc CITY OF MINNESOTA To: From: Date: Subject: COTTAGE GROVE Honorable Mayor and City Council Members Neil Belscamper, Administrative Assistant December 26, 2007 Applebee's Liquor �icense New Liquor License Application (Applebee's Restaurants North, LLC) Applebee's restaurants have been acquired by a IHOP, and as a result, Applebee's Restaurants North, LLC, a subsidiary of IHOP, has applied for a new liquor license for the Cottage Grove location. The previous owner, Appie American Limited Partnership of Minnesota, has operated the restaurant since 2002. A background investigation has been completed by the Public Safety Department and no facts were found that would constitute a basis for denial of the application. The required public hearing notice has been published in the South Washington County Bulletin on December 19, 2007. Request for Refund of Prorated 2008 Liquor License Fees by Apple American Limited Partnership of Minnesota The previous owners of Applebee's, Apple American Limited Partnership of Minnesota, have already applied for and been granted a renewal of their existing liquor license for 2008 (City Council Agenda Item 4.B. on 12/19/2007) in order to ensure continuity of operations in case processing of the new application for Applebee's Restaurants North, LLC, extended into 2008. The background investigation of the new application was completed by the Public Safety Department in mid December, however, due to the public hearing notice requirement (publication a minimum ten days prior to the public hearing), January 2, 2008 was the earliest meeting date that the City Council could hold the public hearing and act on the new application. Cottage Grove City Code Title 3-3-6-C-2 addresses refunding of license fees. It states that an application for refunding of liquor license fees may be considered by the City Council when operation of a licensed business ceases for one of four stated reasons, one of which reads: (4) The licensee ceases to carry on the licensed business under the license. Under subsection b of this chapter, when a licensee has applied for a refund within thirty days after the occurrence of the event, which in this case is the sale of the business, the City Council may then, at its discretion, refund a prorated portion of the license fee. We have received an emailed request from the attorney representing Applebee's for a prorated refund ot the 2008 license fees. Based upon the prorating schedule for new on-sale intoxicating license appiications, staff recommends refunding $8,708.33 (11l12 of the $9,500 fee). Apple American �imited Partnership has also paid $200.00 for a special Sunday license (for which there is no prorating reference in our City Code), and an alarm license. We will issue the alarm license to the new applicant. Recommendation 1. Hold the Public Hearing. 2. Authorize issuance of an On Sale Intoxicating Liquor License and Special Sunday Liquor License to Applebee's Restaurants North LLC/DBA Applebee's Neighborhood Grill & Bar, contingent on receipt of an updated Certificate of Liquor Liability Insurance and payment of 2008 License Fees. 3. Authorize a prorated liquor license refund of $8,708.33 to Apple American Limited Partnership of Minnesota. NOTICE OF HEARING CITY OF COTTAGE GROVE NOTICE IS HEREBY GlVEN, that an application has been filed with the City of Cottage Grove for an "On Sale" Intoxicating Liquor License and an "On Sale" Special Sunday Intoxicating Liquor License by Applebee's Restaurants North LLC/DBA Applebee's Neighborhood Grill & Bar for a restauranUbar at the property legally described as follows: Lot 2, Block 1, Country Inn Addition. Commonly known as 8380 East Point Douglas Road. NOTICE IS FURTHER GIVEN, that a public hearing will be held on said application on Wednesday, January 2, 2008 at 7:30 p.m., at the City Hall Council Chambers, 7516 — 80th Street South, Cottage Grove, Minnesota. All interested persons will be heard at this time. Dated this 13th day of December 2007 BY ORDER OF THE COTTAGE GROVE CITY COUNCIL Caron M. Stransky, City Clerk Published in the South Washington County Bulletin: December 19, 2007.