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. Droste, Mayor
ATTEST:
_________________________________
Clarissa Hadler, City Clerk
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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.