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HomeMy WebLinkAbout7.a. On-Sale Liquor License Class B and Special Sunday Liquor License - Family Entertainment LLC dba Marcus Theatre EXECUTIVE SUMMARY City Council Meeting: May 20, 2015 AGENDA ITEM: On-Sale Liquor License Class B and Special Sunday Liquor License – Family Entertainment LLC dba Marcus Theatre AGENDA SECTION: Public Hearing PREPARED BY: Clarissa Hadler, City Clerk AGENDA NO. 7.a. ATTACHMENTS: Draft Resolution, Building Plans, Business Plan, Plans, Procedures & Guidelines for Alcoholic Beverage Sales, Police Dept. Memo APPROVED BY: ddj RECOMMENDED ACTION: Motion to Adopt a Resolution Approving Liquor License for Family Entertainment, LLC dba Marcus Rosemount Theatre subject to conditions. ISSUE Family Entertainment LLC dba Marcus Theatre has applied for an On-Sale Liquor License Class B and Special Sunday Liquor License for the Marcus Theatre located at 15280 Carrousel Way. The proposed license would allow for the sale and consumption of alcohol in any area of the movie theater premises. BACKGROUND Marcus Theatre is applying for an On-Sale Liquor License in conjunction with an expansion of the theater and food service business. According to the attached business plan, they will be adding approximately 13,000 square feet to the existing premises, including two UltraScreen auditoriums. Further, the renovation will include an expanded food service called Zaffiro’s Express, which will serve pizza as well as a variety of appetizers and desserts. If the liquor license is approved, they plan to serve a selection of beer and wine. The Business Plan and the attached Plans, Procedures & Guidelines for Alcoholic Beverage Sales document outline the procedures in place to promote responsible alcohol service. Of note is that alcohol sales will only take place at the Zaffiro’s Express counter by staff who is at least 18 years of age. At the February 17, 2015 Special Work Session, Council and staff discussed the opportunity to allow a liquor license at movie theaters. The City Attorney determined that the movie theater would qualify as a restaurant with the addition of the new Zaffiro’s Express service, as the theater will have a seating area, kitchen, and full menu. Council members at that time were generally supportive of the theater being able to obtain a license subject to a condition that a maximum of two drinks would be sold per patron. This is already the policy of the theater, and their staff is supportive of this condition. In addition, the theater has in its Policy document that alcoholic beverages shall be served in a cup which distinguishes it from non- alcoholic beverages, and staff recommends adding that as a condition of the license. Council members were also generally supportive of having a minimum food requirement for theaters that is the same as that of bowling centers; 25% of total food and drink revenues. An ordinance on this meeting’s consent agenda makes that change to the City Code. 2 The Police Department has conducted the appropriate background check on the corporation and the liquor manager, Mr. David Bresette and determined that there are no issues which would disqualify the applicants from obtaining a liquor license. The applicant will be subject to all regulations set forth in the City Code under Title 3, Chapter 1, and Minnesota Statute 340A. The applicant has submitted a Certificate of Liability insurance including minimum coverage set by state statute and has paid the license fees and investigation fees. The license will not be issued until all renovations to the kitchen, concession service area and seating area have been completed as shown in the plans. RECOMMENDATION Upon holding the public hearing, staff recommends approval of a Motion to Adopt a Resolution Approving Liquor License for Family Entertainment, LLC dba Marcus Rosemount Theatre subject to conditions outlined. CITY OF ROSEMOUNT RESOLUTION NO. 2015 - ____ A RESOLUTION APPROVING LIQUOR LICENSE FOR FAMILY ENTERTAINMENT, LLC DBA MARCUS ROSEMOUNT THEATRE WHEREAS, the City Council, pursuant to City Code Section 3-1-5 (B) held a public hearing on May 20, 2015, with respect to issuance of a liquor license for Family Entertainment, LLC. dba Marcus Rosemount Theatre, in connection with a restaurant located at 15280 Carrousel Way; and WHEREAS, the City Council has reviewed the application as it is on file with the City Clerk; and WHEREAS, the Chief of Police has reviewed the application as it is on file with the City Clerk; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rosemount as follows: 1. To grant and approve a license for "Class B - On-Sale Intoxicating Liquor" and "Special License For Sunday Sales" to Family Entertainment, LLC. dba Marcus Rosemount Theatre, on premises located at 15280 Carrousel Way, in accordance with plans on file with the City, subject to: A. All terms and conditions of City Code Title 3, Chapter 1 as amended. B. The right of the City to require, at its sole discretion, the presence of peace officers during any hours of operation at the sole cost and expense of the licensee. C. The license shall not be effective until the renovations on the concessions area, kitchen and seating area are complete and conform to the premises described in the application approved by the Council. D. The licensee shall limit the number of drinks sold to two drinks per guest per counter visit. E. All alcoholic beverages shall be served in a cup which distinguishes it from non- alcoholic beverages. 2. The Mayor and City Clerk are hereby authorized to execute said license. 3. This license shall expire at 11:59 o'clock p.m., December 31, 2015. A renewal application must be received on or before November 1, 2015, pursuant to City Code Section 3-1-3-1(B). ADOPTED this 20th day of May, 2015. ________________________________ William H. 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O K M S 3 0 4 7 1 W A L K I N B E E R C O O L E R K O L P A K C U S T O M 8 2 R E F R I G E R A T O R R E A C H I N T R U E F O O D S E R V I C E T 4 9 9 3 F R E E Z E R R E A C H I N T R U E F O O D S E R V I C E T 4 9 F 10 1 S I N K S C U L L E R Y 1 C O M P A R T M E N T J O H N B O O S C O 1 B 1 6 2 0 4 1 D 1 8 R 11 1 T A B L E W O R K J O H N B O O S C O S T 6 R 5 2 4 4 2 S S K 11 1 1 S L I C E R F O O D G L O B E 3 6 0 0 N 12 1 E X H A U S T H O O D B Y M E C H A N I C A L CO N T R A C T O R CU S T O M 13 1 D I S P E N S I N G H E A D D R A F T B E E R T E E TO W E R PE R L I C K 4 0 0 6 6 B 2 N 14 1 D R I P P A N T O P M O U N T E D P E R L I C K 15 1 I C E C R E A M D I P P I N G C A B I N E T M A S T E R B I L T D C 2 S 16 1 S E L F C O N T A I N E D B A C K B A R RE F R I G E R A T O R PE R L I C K B B S 6 0 17 5 H A N D S I N K A D V A N C E T A B C O 7 P S 6 6 W 18 1 C U T T A B L E LI Q U O R P L A N S E L F S E R V E E Q U I P M E N T MA R K Q T Y D E S C M A N U F M O D E L C7 1 2 D R I N K D I S P E N S E R C O R N E L I U S E N D U R O 3 0 0 C7 3 2 F R O Z E N M I X D I S P E N S E R W I T H TW O F L A V O R CO R N E L I U S V I P E R H I G H O U T P U T F R O Z E C7 5 2 I C E M A K E R H O S H I Z A K I A M E R I C A I N C K M 9 0 1 M A H C9 0 2 L I D D I S P E N S E R B Y O W N E R TK Architects International Inc., 2015 LOBBY REMODEL. MARCUS ROSEMOUNT TKA-13091.04. 2015.01.28 MARCUS THEATERS PROPOSED IMPROVEMENTS Liquor Served Here TK Architects International Inc., 2015 LOBBY REMODEL. MARCUS ROSEMOUNT TKA-13091.04. 2015.01.28 EXISTING ZAFFIRO’S EXPRESS LOCATION Business Plan Marcus Rosemount Theatre 1 280 Carrousel R'ay Rosemount,Minnesota 554b8 The?viazcus Rosemottnt Tlieauc, locate at 15280 usel :xJay, is z. 8-sc een^aovie fl eatre witli an approximate square footage of 32,000. This theatre is one of S movie ti eatres owned and/or operat d by Marcus Theatres Corporation, the fifth largest movie theatre circuit in the United States. The movie exhibition industry l as evolved over time and has experienced significant changes in technology, consumer preferences and external competition. Marcus has always been at the forefront of the industry, spearheading industry-wide improvements including stadium seating, on-line ticketing, digital projection and, more recently, food and bevera e nhancements. It is our goal to consistently and constantly provide the amenities to our guests that they desire. With that in mind,plans are currently being finalized for renovation of the interior of the theatre. These plans include a new ticketing center, self-serve soda, lobby renovations,new refreshment cabinetry and equipment and the addition of two{2) b0' UitraScreen auditoriums with seating for approximately 227 guests each. This addition wiIl add approximately 13,000 square feet to the existing premises. Furthermore, the renovation will also include the addition of our signature Zaffiro'ss Express, featuring our Zaffiro'ssM ThinCredibleUR Pizza as well as a variety of appetizers and desserts. It ili aiso feature a selection of beer and wine a ailable for guests to purchase and consunne throughout public areas of the theatre, including the lobby, corridors and auditoriums. These beverages will be sold only from the Zaffiro'sSM Express,which is separate from the traditional concessions that offer popcorn and candy. Our innovative concept of Zaffiro'Express enhances the core movie going experience by ensuring our vitality as a premiere entertairuuent venue within our industry, competitive markets, and most importanfily,by meetinb the needs of our discerning gtzests. In order to maintain a safe and pleasant environment for our guests we have impleinented palicies and procedures that ensure responsible beverage service. For example, employees workina in the Zafftro'sSM Express area will receive extensive training on responsible beverage service. All guests will be required to shaw identification in order to purchase alcoholic beverages. In addition, we have our own zndividual secret shopper service to ensure that all employees are following our policies and procedures. These policies and additional procedures are described more fully in the attached Business Plans, Procedures and Guzdelines for Alcoholic Beverage Sales. Marcus Theaters currently operates numerous loun es and several full service restaurants throughout the circuit. Based on our e:perience in this industry and xhe continued success of our other Iocations, we are confident that this,too, wi13 bring a positive experience and exciting opportunity to enhance the experience of moviegoers in the community of Rosemount. 4826-1009-2834,v. 1 EXHIBIT B Page 1 of 4 PLANS, PROCEDURES & GUIDELINES FOR ALCOHOLIC BEVERAGE SALES l. Aleoholic beverages will be sold at the Zaffro'Express concession and guests will be able to take their beverages to all public areas of the premises,including the lobby, corridors and auditoriums. 2. All Zaffro'sSM Express employees will be of the minimum age of l 8 per regulations. 3. All Zaffiro'sSM Express employees will complete a State-certified responsible beverage training course as well as obtain and maintain a City of Rosemount perator's License. 4. Additional on-site and on-going training will occur on a regular hasis provided by Mazcus Theatres Director of Food and Beverage Operations. 5. All Zaffiro'sSM Express associates will be provided copies of internal documented alcohol policies and procedures and will be required to sign an Alcohol POS Attendant Respoz sibility Statement for inclusian within their employment file. 6. Weekly staff ineetings will be held to review rules,responsibilities and policies. 7. All placeznents of aicohol orders with outside vendors will be performed by the salaried General VIanager or salaried Manager anly and will be purchased only from Minnesota wholesalers, breweries and brewpubs. 8. Delivery and verification of alcohol Inventory will be performed by the salaried General Manager or salaried Manager only. 9. Daily Inventory of all alcoholic products will occur upon opening and ciosing each business day. 10. Theatre will ha e locked and segregated storage areas for all alcohpl inventories separate from all other concession inventories. 11. Counter top coolers will be locked at all times other than when specifically being attended to and by a trained attendant. 12. At no time will alcohol sales he discounted or combined with any traditional concession product. 13. All alcohol sales will be limited to a maximum of two-to-one, two drinks one guest. ID's must be available for verification. 14. Multi-drink purchases will not be allowed without all guests available for ID verification. 15.All alcoholic drinks will be served in a Zaffiro's5M Express drink cup that is distinguishable from those used for non-alcaholic beverages. l 6. Auditoriums wili be monitored and patrolled on a regular hasis to include private securiYy. 17. All alcohol saies wiil requ re proof of legal ID regardless of appearance. 18. Contracted Secret Shapper audits will be conducted to ensure employees are requesting identification from all patrons, as set forth above. 19. Additional Secret Shopper audits will be conducted to ensure atl alcoholic beverage sales policies and procedures are being followed. EXHIBIT B Page 2 of 4 MEMORANDUM To: Mitchell Scott, Chief of Police From: Detective Danielle Waage Date: May 15, 2015 Subject: Background Investigation – Family Entertainment, LLC- Marcus Rosemount Theatre An investigation regarding the liquor license application submitted by Family Entertainment, LLC has been completed. Family Entertainment, LLC owns the Marcus Rosemount Theatre located at 15280 Carrousel Way. The corporation is seeking a license for Class B On-Sale alcohol sales. Family Entertainment, LLC seeks to sell a variety of wine and beer as part of their signature Zaffiro’s Express. Family Entertainment, LLC intends to operate the business in the same manner as the business has previously been used, with the addition of the On-Sale B alcohol sales and undergoing renovations. Family Entertainment, LLC is owned and operated out of Milwaukee, Wisconsin since 2000 by President/Treasurer Douglas Alan Neis and Vice President/Secretary Thomas Fredrick Kissinger. The operating General Manager is identified as David Lester Bresette who resides in Oakdale, Minnesota. In 1998, Family Entertainment, LLC, purchased Marcus Rosemount Theatre from Guetschoff Theatre Management Corporation for 1.8 Million dollars. Family Entertainment, LLC is in active/good standing with the Office of the Minnesota Secretary of State Minnesota Business and Lien System. Family Entertainment, LLC plans to continue selling pop, candy and popcorn from the concessions stands. The sale of wine and beer will only be from Zaffiro’s Express which is completely separated from the traditional concessions stands. Family Entertainment, LLC advises that they have implemented policies and procedures that will ensure responsible beverage services. While speaking with one of Bresette’s references, who is also a general manager for the company, advised that every bartender and member of their serving staff have to be trained by the Minnesota Bar Association before they can serve alcohol in their establishments. Family Entertainment, LLC also advises that they have a secret shopper service that will periodically ensure that their employees will be following their policies and procedures properly. The application does also indicate that the alcohol will be secured in a designated area where only managing personnel will have access to. General Manager Bresette will be the main contact for the liquor license obtained through the City of Rosemount as he resides in the State of Minnesota and is acting officer of the liquor license application. Bresette is currently the General Manager of the Oakdale Marcus Theatre and is also their liquor licensing agent. Bresette has overseen numerous renovations to the Oakdale property including the Take Five Lounge and Big Screen Bistro which offers the sale of alcohol. I spoke to a member of the City of Oakdale Police record staff who advised that their Police Department has not had any negative alcohol related contacts in regards to over-serving alcohol MEMORANDUM and/or serving to an underage person. I also spoke with the individual in-charge of the City of Oakdale’s liquor licenses, who stated that Marcus Oakdale Theatre has not had any liquor violations on record. A criminal history check with the records maintained by the Minnesota Bureau of Criminal Apprehension does not show any activity for Neis, Kissinger or Bresette. I found nothing of concern in the checks I completed with our in-house police records, the Minnesota Courts and the Department of Motor Vehicles. Through my investigation, the applicants appear to meet the requirements in Rosemount’s City Code for Liquor Licenses.