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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. 4/15/2015http://www.sterlingcodifiers.com/codebook/printnow.php 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. 4/15/2015http://www.sterlingcodifiers.com/codebook/printnow.php 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 ( 3 s t a l l s ) ( 6 s t a l l s ) (4 stalls) ME T A L ST E E L F E N C E BR U S H E D C O N C . CO N C R E T E ST A M P E D EXISTING SIDEWALK EX I S T I N G S I D E W A L K NE W S I D E W A L K NE W S I D E W A L K S T O P S I G N S T O P S I G N S T O P S I G N 3 ' 6 " 5 ' 0 " 9' 0 " 2 0 ' 0 " 3' 6 " 2 2 ' 0 " DO W N GA T E GA T E F I R E P L A C E - - B / O TOTAL 205 OCCUPANTS 3 52 6 ROSEMOUNT MARKET SQUARE 3410 150TH STREET WEST ROSEMOUNT, MINNESOTA F I R E S I D E PA T I O P L A N T H E P O N D F I R E H Y D R A N T ( R E L O C A T E D ) 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: A S S E M B L Y 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 EL E V A T I O N 1/ 4 " = 1 ' - 0 " (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