HomeMy WebLinkAbout9.a. Approval of Liquor License Amendment: Thompson Fireside Pizza II, Inc. DBA Fireside Pizza II, Inc. DBA Fireside located at 3410 150th Street West �ROSEMO EXECUTIVE SUMMARY
CITY COUNCIL
City Council Regular Meeting: August 16, 2011
AGENDA ITEM: Approval of Liquor License Amendment:
Thompson Fireside Pizza II, Inc. DBA AGENDA SECTION:
Fireside located at 3410 150 Street New Business
West
PREPARED BY: Amy Domeier, City Clerk; Gary
Kalstabakken, Chief of Police; and Eric AGENDA NO. 9.a.
Zweber, Senior Planner
ATTACHMENTS: Draft Resolution, outdoor music request, APPROVED BY:
Site Plan
RECOMMENDED ACTION: Motion to adopt a resolution approving the liquor license
amendment of the On-Sale Class B Liquor License for Fireside Pizza II, Inc. DBA Fireside
located at 3410 150 Street West to allow for outdoor liquor service in the fenced area
ad'acent to buildin on Saturda Se tember 10, 2011, sub'ect to conditions.
ISSUE
Together Rosemount Area Athletic Association ("RA.AA"), The Pond and Fixeside are co-sponsoring an
event schedule for Saturday, September 10, 2011. The Fall Family Fun Festival will be held inside The
Pond ice rink and outside in the paxking lot adjacent to Fireside to raise funds for RAAA. The main event
is a Martin Zeller concert in the pa.rking lot in the evening. Event xepresentatives have requested that
liquor service be extended in the additional fenced area of the building from 5:00 p.m. —11:00 p.m. They
have also requested that the music cease at 11:00 p.m. Representatives were advised that if the event were
to end at 11:00 p.m. an appeal would need to be made to the City Council and the issues would be
addressed at the meeting. While the Leptechaun Days at Central Paxk end at 11:00 p.m., staff believed this
event was diffexent in nature due to its ptoxixnity to residential homes and was not part of a City festival.
Last August Fixeside and The Pond made a request to hold a similar event At that time, they requested
that the alcohol service and live music end at 11:00 p.m. Staff supported the event but xecommended that
the outdoor music and service of alcohol end at 10:00 p.m. After considerable discussion at the City
Council meeting last year, the City Council voted to allow for a 10:30 p.m. end time. Because the event
was held inside the issue became moot. Therefore, staff has no other event similar in natute to compare
to this event Staff continues to prefer an end time of 10:00 p.m. based upon several factors:
10 p.m. is a commonly used time for noise related ordinances in City Codes. While
Rosemount does not have a specific Code covexing music or similar amplified sound,
consttuction activities axe limited to no later than 10 p.m. M-F and 7 p.m. on Saturday and
Sundap.
Each year the Police Department responds to a few complaints of music in neighborhoods
when a band or DJ is providing music at an event at a residence. Typically this occurs for a
graduation, wedding reception or other special event. 'I'hese complaints generally are
received when the music continues past 10 p.m. and sometimes complaints are received
earlier in the evening. Bands or DJs in a backyard setting have a much smaller sound
system than GB Leighton will be using at the Hockey Rocks The Pond event.
Music on patios at liquor establishments is permitted by City Code as background music
only. A live band will be much louder than background music; therefore, staff believes
limits should be more restrictive.
Noise complaints are also received occasionally about the loud speaker at the RHS football
stadium. This most often occurs when a game or event goes later than the norm.
The curtent On-Sa1e Class B Liquox License issued to Fireside only includes the restaurant as its premise.
Typically liquox licenses are only valid in the compact and contiguous building ox structure situated on the
premise. The license may be extended to an outdoox deck or patio atea provided the specific criteria, in
City Code is met bp the licensee and appxoved by City Council. Further, City Code Chapter 3-1-12,
Subdivision C states that is unlawful for any person to consume into�cating liquor or 3.2.percent malt
liquor or have in his possession any bottle ox receptacle conraini into�cicating liquor or 3.2 percent malt
liquor which is open while in the parking atea of any shopping center or other commercial establishment
Ms. Johnson is proposing an additional area for liquor sexvice as depicted on the site plan which is not part
of the licensed pxemise. Because of the nature of the request, a liquor license amendment with City
Council approval is xequixed to allow for the sale of alcohol in the fenced area of the parking lot.
Since a formal process for applying for outdoor events involving music and/or liquor service has not been
fully developed in the Ciry Code, staff inet with the representa.tives to ensure that compliance with existing
liquor and safety requirements were met and that noise regulations were addressed. The Police
Department is aware of the event and will xespond to any reported noise complaints. Staff will continue to
finalize an application and approval process in Ciry Code to address future outdoor events.
RECOMMENDATION
Infoxmation detailing the outdoor events taking place during the da.y and evening has been submitted to
staff along with the request for the extension of liquox service and outdoor music. While staff still prefexs
the 10:00 p.m. end time, staff recommends the extension of the service of alcohol with the condition that
alcohol is allowed in the fenced area between the hours of 5:00-10:30 p.m. on Saturday, September 10,
2011. This is based upon the City Council's previous decision for this event last year. All patrons must
exit the fenced area by 11:00 p.m.
2
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOIUTION 2011
A RESOLUTION APPROVING THE LIQUOR LICENSE AMENDMENT
OF THE ON-SALE CLASS B LIQUOR LICENSE FOR THOMPSONS FIRESIDE
PIZZA II, INC. DBA FIRESIDE LOCATED AT 3410 150 STREET WEST TO ALLOW
FOR OUTDOOR LIQUOR �ERVICE IN THE FENCED AREA (ADJACENT TO
BUILDING) ON SATURDAY, SEPTEMBER 10, 2011
WHEREAS, Thompsons Fireside Pizza II, Inc. DBA Fireside submitted a request to amend its
current On-Sale Liquor License Class B and Sunday Liquox License for the premise located 3410
150� Street West;
WHEREAS, the request was to extend the licensed premises for Fixeside to include the sale of
liquor in outdoor fenced area on the north side of the building on September 10, 2011;
WHEREAS, an additional request was ma,de to include a live music event in same fenced area on
the north side of the building on Septembex 10, 2011; and
THEREFORE, BE IT RESOLVED, that the City Council hereby approves the extension of
licensed premises to include an outdoor tent at 3410 150�' Street West subject to the following
conditions:
1) The licensee will begin the sale of alcohol and event of live music no earlier than 5:00
p.m. on Satuxday, Septembex 10, 2011;
2) 'I'he licensee will clear the tent of all patrons and the sale of alcohol and event of live
music must cease no later 10:30 p.m. on Saturday, September 10, 2011. All patrons must
exit the fenced area by 11:00 p.m.
ADOPTED this 16th day of August, 2011 by the City Council of the City of Rosemount
Willia,m H. Droste, Mayor
ATTEST:
Amy Domeier, City Clerk
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2011
A RESOLUTION APPROVING THE LIQUOR LICENSE AMENDMENT
OF THE ON-SALE CLASS B LlQUOR LICENSE FOR THOMPSONS FIRESIDE
PIZZA II, INC. DBA FIRESIDE LOCATED AT 3410 150 STREET WEST TO ALLOW
FOR OUTDOOR LIQUOR SERVICE IN THE FENCED AREA (ADJACENT TO
BUILDING) ON SATURDAY, SEPTEMBER 10, 2011
WHEREAS, Thompsons Fireside Pizza II, Inc. DBA Fireside submitted a xequest to amend its
current On-Sale Liquor License Class B and Sunday Liquor License for the premise located 3410
150th Street West;
WHEREAS, the xequest was to extend the licensed premises for Fireside to include the sale of
liquor in outdoor fenced area on the north side of the building on September 10, 2011;
WHEREAS, an additional request was made to include a live music event in same fenced area on
the north side of the building on September 10, 2011; and
THEREFORE, BE IT RESOLVED, that the City Council hereby approves the extension of
licensed premises to include an outdoor tent at 3410 150�' Street West subject to the following
conditions:
1) The licensee will begin the sale of alcohol and event of live music no earlier than 5:00
p.m. on Saturday, September 10, 2011;
2) The licensee will cleax the tent of all patrons and the sale of alcohol and event of live
music must cease no later 10:00 p.m. on Satutda.p, Septembet 10, 2011. All patrons must
exit the fenced area by 10:30 p.m.
ADOPTED this 16th day of August, 2011 by the City Council of the City of Rosemount.
William H. Droste, MayoY
ATTEST:
Amq Domeier, City Clerk
Amy and Council Members,
I am writing to formally request an extension for outdoor music to l lpm for the evening of
September l Oth. Fireside will be hosting our Fall Family Fun Festival that evening. The event
will be raising funds for the Rosemount Area Athletic Association. The event will include an all
day carnival to be followed by a concert. With the ever rising costs and fees related to
participating in youth athletics we are hoping that this event will become the main source of
revenue generated to help RAAA offset these costs and bolster its scholarship funds to continue
to grow opportunities for our local youth to participate. Being that our event will take place in a
largely commercial/ retail area of the city I think that the extra hour of music will be very
tolerable to the surrounding businesses and residents. With the main sources of revenue coming
from the sale of concert tickets along with food and beverage, the extra hour gives us an
opportunity to create a more saleable ticket while capturing the volume of food and beverage
sales for a longer period of time. We hope the event will have a positive impact on hundreds of
families and children while be coming a fantastic fall event for the city. Thank You for your
consideration in this matter.
Sincerely,
Kim Zeigler
Fireside
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INFORhAAT10N
CONTAC7
John Rose
(952) 563-6600