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.
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