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HomeMy WebLinkAbout6.d. Approval of Liquor License Amendment for Las Tortillas Mexican Restaurant, Inc.AL Ab% ROSEMOUNT EXECUTIVE SUMMARY CITY COUNCIL City Council Regular Meeting: April 16,2013 AGENDA ITEM: Approval of Liquor License Amendment AGENDA SECTION: for Las Tortillas Mexican Restaurant, Inc. Consent PREPARED BY: Amy Domeier, City Clerk AGENDA NO. Vd. ATTACHMENTS: Map showing proposed fenced area APPROVED BY: RECOMMENDED ACTION: Motion to approve a Liquor License Amendment for Las Tortillas Mexican Restaurant, Inc. to allow for the sale of alcohol in fenced area from 2 p.m. to 10 p.m. on Saturday, May 4, 2013 and 2 p.m. to 8 p.m. on Sunday, May 5, 2013. ISSUE Ryan McGunnigle of Las Tortillas Mexican Restaurant, Inc. (Las Tortillas) has requested an Amendment to the On -Sale Liquor License Class B Liquor License for Las Tortillas Mexican Restaurant located at 15051 Crestone Avenue. The Amendment request is to allow for a temporary service of liquor in a fenced area adjacent to the front of the restaurant on Saturday, May 4 from 2 p.m. to 10 p.m. and Sunday, May 5 from 2 p.m. to 8 p.m. Because of the nature of the request, a liquor license amendment with City Council approval is required to allow for the sale of alcohol in the fenced area. Mr. McGunnigle received permission from the landlords of Celtic Crossing to apply for the Amendment. DETAILS OF REQUEST Staff has met with Mr. McGunnigle to review his request and place parameters on the event. The plan for event and the fenced area to be installed as agreed upon between Mr. McGunnigle and staff is as follows: • The proposed fence would block off the end of the sidewalk adjacent to the space and cross through the parking lot to the trash stall (approx. 50 feet). The fence would take a 90 degree turn to nearest parking stall that is not connected to the space (approx. 25 feet). • The fence would terminate between the restaurant's two entrance doors. • The fenced space will utilize 5 parking spaces and the driveway located between the spaces. • This will not allow access from Crestone Ave. to the Kinder Care driveway. • All patrons must exit the fenced area at 10 p.m. on May 4 and 8 p.m. on May 5. • The fence will be installed on May 4 at 1 p.m. and removed by 10 p.m. The fence will again be installed on May 5 at 1 p.m. and removed by 8 p.m. • No Parking spaces of any other tenant will be obstructed. • Las Tortillas staff will continuously monitor the fenced area. Outdoor music /amplified sound will be allowed via a cd stereo and speakers 2 pm. — 9 p.m. on May 4 and from 2 p.m. to 7 p.m. on May 5. • Access to the fenced area will only be allowed through the restaurant. BACKGROUND Las Tortillas held the same event in their parking lot on May 12, 2012. Staff did not receive any complaints from the public or neighbors about the event. The current On -Sale Class B Liquor License issued to Las Tortillas includes only the restaurant as its premise. Liquor sales are only valid in the compact and contiguous building or structure situated on the premise. The license may be extended to an outdoor deck or patio area provided the specific criteria in City Code is met by the licensee and approved by the City Council. City Code Chapter 3 -1 -12, Subdivision C states that it is unlawful for any person to consume intoxicating liquor or 3.2 percent malt liquor, or have in his possession any bottle or receptacle containing intoxicating liquor or 3.2 percent malt liquor which is open, while in the parking area of any shopping center or other commercial establishment. Mr. McGunnigle is proposing an additional area for liquor service to be located in front of the restaurant as part of the licensed premise. SUMMARY The Police Department is aware of the event and will respond to any reported noise complaints. Based upon the information submitted and the scope of the event, staff supports the extension of the service of alcohol within the proposed fenced area on Saturday, May 4 from 2 p.m. to 10 p.m. and Sunday, May 5 from 2 p.m. to 8 p.m. 2 44 T 7- tU Proposed mmur fence area 40 ----- a I File" Irl 11