HomeMy WebLinkAbout6.f. Amendment to Fireside Class B On-Sale Liquor License
EXECUTIVE SUMMARY
City Council Regular Meeting: April 21, 2015
AGENDA ITEM: Amendment to Fireside Class B On-Sale
Liquor License
AGENDA SECTION:
Consent
PREPARED BY: Clarissa Hadler, City Clerk AGENDA NO. 6.f.
ATTACHMENTS: Draft Resolution; Liquor Ordinance
regarding Outdoor Decks and Patios; Site
Plan; Landscape Elevation;
APPROVED BY: ddj
RECOMMENDED ACTION: Motion to adopt a Resolution approving an amendment to
Fireside’s Class B On-Sale Liquor License and Special Sunday Liquor License subject to
conditions.
ISSUE
A Class B On-Sale Liquor License and Special Sunday Liquor License amendment request has been made
by Thompson’s Fireside Pizza II (“Fireside”) to include an outdoor patio area located at 3410 150th Street
West. It is possible under Minnesota law but the license holder must apply for an amendment to their on-
sale liquor license and the new area must describe exactly where alcohol will be consumed and/or served.
If the City approves an amended liquor license, it must be filed with the Minnesota Department of Public
Safety’s Alcohol and Gambling division.
BACKGROUND
Fireside plans to add two patio areas totaling approximately 1750 square feet in area on the north side of
their building. Patrons will only be able to access the patio from the inside of the building.
Patio Design
The patio is in two sections on either side of the entrance sidewalk; a 25x25 section on the east and a
45x25 foot section on the west. Each section will be accessed only through doors to the interior of the
building. In addition, each patio will also have an emergency exit gate. These gates were originally shown
in the plans to open into the central entrance sidewalk. Staff has asked they move those to the opposite
sides of the patios so as not to encourage pass-through from patio to patio, in addition to keeping front
door egress open in the event of emergency.
The patio will be set back from the public sidewalk and be buffered by landscaping and a 42 inch tall
masonry and steel fence. This design meets the standards within the liquor regulations regarding outdoor
patios by providing a buffer area between the patio and the surrounding parking lot and provides fencing
that requires patrons to access the deck only from indoor bar area.
SUMMARY
Fireside will be required to meet all the standards of the City Code related to outdoor patios and decks.
Staff recommends approval of the above-stated motion.
3-1-16: OUTDOOR PATIOS AND DECKS:
A. Conditions Under Which Permitted: Service and consumption of alcohol on outdoor patios
and decks in conjunction with an intoxicating liquor "on-sale" license, an "on-sale" wine
license, a special club license, a special license for Sunday sales or a 3.2 percent malt
liquor license may be permitted by the city council under the following conditions:
1. The patio or deck area must be compact and contiguous to the licensed premises and
shall be enclosed with a wrought iron railing that meets standards set forth in this code
and final inspection by the chief building official.
2. Appropriate receptacles for rubbish, garbage, cigarette paraphernalia, etc., must be
provided.
3. Lighting must be sufficient to promote public safety, directed downward, and
compatible with the surrounding area.
4. A buffer zone should be provided between the patio or deck area and adjacent parking
lot. The area surrounding a patio or deck area must be fenced so as to not allow
entrance from outside the fenced area onto the patio or deck area.
5. Smoking may be allowed on the patio or deck area, provided it is in compliance with
the Minnesota "freedom to breath act of 2007". (Ord. XVI.57, 12-18-2007)
6. Music, televisions, bands, amplified sound or any activity that would disturb the peace
of the surrounding area is prohibited on the outdoor patio or deck area. Background
music that does not disturb the peace of the surrounding area is permitted during
hours when service of alcoholic beverages is permitted. (Ord. 2010-04, 4-6-2010)
7. The patio or deck area shall be controlled and monitored continuously during the hours
of operation and unruly patrons shall be removed immediately.
8. The hours and days of sale of alcoholic beverages shall be in accordance with this
code.
9. Patrons shall not leave the premises with a drink nor can drinks be taken onto a public
sidewalk.
10. The amendment to the licensee's licenses for the outdoor patio or deck area shall be
approved on a provisional basis. The council may revoke, suspend or decline to renew
the license for the patio or deck area portion of the licensed premises on the grounds
of failure to comply with the conditions outlined in the resolution or undue annoyance
or burden on nearby residents.
11. The outdoor patio or deck area must be included in the required liquor liability
insurance for the premises.
Page 1 of 2Sterling Codifiers, Inc.
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12. The city council may impose any additional conditions it deems necessary in the
interest of the public health, safety and welfare at the time of initial approval or any
renewal of the license for a patio or deck. The conditions set forth allowing the patio or
deck shall be reviewed during the yearly renewal period. (Ord. XVI.57, 12-18-2007)
Page 2 of 2Sterling Codifiers, Inc.
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CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2015 -
A RESOLUTION APPROVING AN AMENDMENT
TO THE ON-SALE CLASS B LIQUOR LICENSE AND SPECIAL SUNDAY LIQUOR
LICENSE FOR THOMPSONS FIRESIDE PIZZA II, INC. DBA FIRESIDE
WHEREAS, Thompsons Fireside Pizza II, Inc. DBA Fireside has submitted a request to amend its
current On-Sale Liquor License Class B and Sunday Liquor License for the premise located 3410
150th Street West;
WHEREAS, the request was to extend the licensed premises for Fireside to include the sale of
liquor in a permanent outdoor fenced patio area; and
WHEREAS, the applicant has submitted all necessary documentation and payment for the Liquor
License Amendment;
THEREFORE, BE IT RESOLVED, that the City Council hereby approves the extension of
licensed premises to include an outdoor patio at 3410 150th Street West subject to the following
conditions:
1) The applicant shall follow all regulations set forth in the City Code, including Section 3-
1-16 regarding Outdoor Patios and Decks;
2) The outdoor patio and fence shall conform to approved site plan (Attachment A) and
and approved elevation plan (Attachment B).
3) The fence shall be a minimum of 42” in height.
4) License shall not be issued until such date as the construction of patio and fence is
complete.
ADOPTED this 21st day of April, 2015 by the City Council of the City of Rosemount.
William H. Droste, Mayor
ATTEST:
Clarissa Hadler, City Clerk
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TOTAL 205 OCCUPANTS 3 52 6 ROSEMOUNT MARKET SQUARE 3410 150TH STREET WEST ROSEMOUNT, MINNESOTA
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PROJECT DESCRIPTION:EXTERIOR ADDITION OF A PATIO SPACE OF 1,765 SF FOR A EXISTING ONE STORY RETAIL BUILDING1.APPLICABLE GOVERNING STANDARDS:INTERNATIONAL BUILDING CODE (IBC) 2012 EDITION STATE OF MINNESOTA BUILDING CODE 2007 EDITION2.3.OCCUPANCY GROUPS:A2 - ASSEMBLY RESTAURANT 4.FIRE BARRIER OCCUPANCY SEPARATIONS:EXISTING BUILDING DEMISING WALLS TO REMAIN CONSTRUCTION TYPE EXISTING BUILDING -- UNKNOWN5.AUTOMATIC SPRINKLER SY STEMS: (IBC 903.2.6)6.EXISTNG AND PROVIDED (INTERIOR RESTAURANT)OCCUPANCY LOAD: (IBC 1003.2.2.2)A2 ASSEMBLY = SEATING= 72 OCCUPANTS (PATIO)EGRESS REQUIREMENTS:EGRESS WIDTH (IBC 1005.1)7.8.205 X .15" = 30.75" REQUIRED -- 58" PROVIDED OCCUPANT LOAD > 50 = 2 REQUIRED -- 2 PROVIDEDNUMBER OF EXITS (IBC 1019.1)CODE REVIEW 9.PLUMBING REQUIREMENTS:
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A2 ASSEMBLY = SEATING= 133 OCCUPANTS (INTERIOR)(763) 479-3905 ASSOCIATES LLC P O Box 635 Long Lake, MN 55356 KRJDATE DESCRIPTION REVISIONS:#DATE:SCALE:DRAWN BY:CHECKED BY:AS NOTED MARCH 13, 2015 SHEET NO.P R O J E C T N O .1 5 2 3 0PATIO STUDY C1.2FIRESIDE PLAN
ROSEMOUNT MARKET SQUARE 3410 150TH STREET WEST ROSEMOUNT, MINNESOTA
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(763) 479-3905 ASSOCIATES LLC P O Box 635 Long Lake, MN 55356 KRJDATE DESCRIPTION REVISIONS:#DATE:SCALE:DRAWN BY:CHECKED BY:AS NOTED MARCH 13, 2015 SHEET NO.P R O J E C T N O .1 5 2 3 0PATIO STUDY A1.2FIRESIDE ELEVATION