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HomeMy WebLinkAbout2010-10-06 PACKET 06.A.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 10/6/2010 PREPARED BY City Clerk Caron Stransky ORIGINATING DEPARTMENT DEPARTMENT HEAD COUNCIL ACTION REQUEST Hold the public hearing and consider authorizing issuance of an On Sale Intoxicating Liquor License and Special Sunday Liquor License to Apple Minnesota LLC /DBA Applebee's Neighborhood Grill & Bar for 2010 and 2011, and consider authorizing a prorated liquor license refund of $1,583.33 to Applebee's Restaurants North, LLC. STAFF RECOMMENDATION Authorize issuance of the liquor license to Apple Minnesota LLC and authorize the prorated refund to Applebee's Restaurants North, LLC. Apple Minnesota LLC is acquiring the Applebee's Restaurant located at 8380 East Point Douglas Road. During the required background investigation, no facts were found that would constitute a basis for denial of the application. ® MEMO /LETTER: Memo from Neil Belscamper dated 9/1/2010. ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Public Hearing Notice. ADMINISTRATORS COMMENTS City Administrator Date COUNCIL ACTION TAKEN: APPROVED ❑ DENIED ❑ OTHER DocumenQ COTTAGE GROVE To: Honorable Mayor and City Council Members From: Neil Belscamper, Administrative Assistant Date: September 1, 2010 Subject: Applebee's Liquor License New Liquor License Application (Apple Minnesota LLC) Apple Minnesota LLC /DBA Applebee's Neighborhood Grill and Bar has applied for a new liquor license for the Cottage Grove location. The previous owner, Applebee's Restaurants North, LLC, has operated the restaurant since 2008. Apple American Limited Partnership of Minnesota opened the restaurant in 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 was published in the South Washington County Bulletin on September 22, 2010. The anticipated closing date for the new ownership is October 15, 2010. Due to the proximity to the end of the calendar year we are recommending that the City Council authorizes issuance of the licenses for 2010 and 2011. Request for Refund of Prorated 2010 Liquor License Fees by Applebee's Restaurants North, LLC. The previous owners of Applebee's, Applebee's Restaurants North, LLC, have requested a refund of any unused liquor license fees. 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 written request from the attorney representing Applebee's for a prorated refund of the 2010 license fees. Based upon the prorating schedule for new on -sale intoxicating license applications, staff recommends refunding $1,583.33 (2/12 of the $9,500 fee). Recommendation 1. Hold the Public Hearing. 2. Authorize issuance of an On Sale Intoxicating Liquor License and Special Sunday Liquor License to Apple Minnesota LLC /DBA Applebee's Neighborhood Grill & Bar, for 2010 and 2011. 3. Authorize a prorated liquor license refund of $1,583.33 to Applebee's Restaurants North, LLC. From: Director of Public Safety Craig Woolery Date: August 30, 2010 Subject: LIQUOR LICENSE APPLICATION INTRODUCTION All locations within the City of Cottage Grove that sell alcoholic beverages are required by State Law and City Ordinance to be licensed. BACKGROUND Pursuant to City Ordinance, Mr. Ronald Shigeru Igarashi, on behalf of Apple Minnesota LLC dba/ Applebee's Neighborhood Grill & Bar, located at 8380 East Pt. Douglas South, Cottage Grove, Minnesota, has submitted an application for an "On Sale" intoxicating liquor license and "On Sale" Special Sunday intoxicating liquor license. The applicant, Apple Minnesota LLC is purchasing all of the Applebee's restaurants in Minnesota including the Applebee's restaurant located at 8380 E. Pt. Douglas Road, Cottage Grove, Apple Minnesota LLC is part of a large corporate structure that owns many Applebee's throughout the United States. Applebee's advises that the restaurant will be run the same as the current owner. The Department of Public Safety is required to conduct a police investigation of the applicants. DISCUSSION The application of Apple Minnesota LLC as submitted, is complete and in compliance with our ordinance. We have investigated the applicants and have not found any facts that would constitute a basis for denial of an "On Sale" intoxicating liquor license and an "On Sale" Special Sunday intoxicating liquor license, under the provisions of the City Liquor Ordinance or Minnesota Statutes relating to alcoholic beverages. COMPLIANCE It should be noted that Applebee's did pass its alcohol compliance check in Spring 2010. RECOMMENDATION Recommend that the City Council approve the Liquor License application for Apple Minnesota LLC dba/ Applebee's Neighborhood Grill & Bar. C C' Craig A. Wool�r� Director of Pu is Safety NOTICE OF HEARING CITY OF COTTAGE GROVE NOTICE IS HEREBY GIVEN, 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 Apple Minnesota LLC /DBA Applebee's Neighborhood Grill & Bar for a restaurant /bar 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, October 6, 2010 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 1 st day of September 2010 BY ORDER OF THE COTTAGE GROVE CITY COUNCIL Caron M. Stransky, City Clerk Published in the South Washington County Bulletin: September 22, 2010.