HomeMy WebLinkAbout7.a. Application for On-Sale Liquor License Class B and Sunday Liquor License, Carbone's Pizza & PubAGENDA ITEM: Application for On -Sale Liquor License
Class B and Sunday Liquor License,
Carbone's Pizza Pub
AGENDA SECTION:
Public Hearing
PREPARED BY: Amy Domeier, City Clerk
AGENDA NO. 7.a.
ATTACHMENTS: Draft Resolution, City Code 3 -1 -16:
Outdoor Patios and Decks
APPROVED BY:
Pa)
RECOMMENDED ACTION: Motion to Approve the On -Sale Liquor License Class B,
Sunday Liquor for Carbone's Pizza Pub located at 14550 South Robert Trail.
and
Motion to Approve a Resolution Imposing Additional Conditions to the Liquor Licenses at
Carbone's Pizza Pub located at 14550 South Robert Trail.
4 ROSEMOUNT
CITY COUNCIL
City Council Regular Meeting: October 7, 2008
EXECUTIVE SUMMARY
ISSUE
The liquor license application has been made by JSDL Enterprises, LLC who will be the operators of
Carbone's Pizza Pub ("Carbone's") located at 14550 South Robert Trail. Carbone's will be located in
the former Superstar's Gridiron Grille building.
BACKGROUND
The applications were received on August 28, 2008. The application was accompanied by the necessary
liquor liability insurance, workers compensation insurance, lease agreement with MSPE -RE, LLC and the
investigation deposit. The fee for the liquor licenses will be pro -rated and determined upon issuance.
Carbone's also plans to apply at the State level for the Optional 2 a.m. Closing Liquor License.
The Police Department conducted a background check of the applicants and investigated their other
businesses held in Minnesota. There were no violations of liquor laws found to have occurred at other
licensed establishments owned by the applicants. The persons listed as partners were all found to be free
of a criminal record.
Outdoor Patio
The liquor license premise will include the patio area that is located on the north side of the building.
The applicant will be required to meet the conditions outlined in City Ordinance XVI.57 related to
outdoor decks and patios. The former liquor license holder was required to clear the patio of all
patrons no later than eleven o'clock (11:00) p.m. Sunday through Thursday and twelve o'clock (12:00)
a.m. Friday and Saturday. Staff is recommending that the same hourly restrictions be attached to this
liquor license to reduce noise levels that would cause an undue annoyance to nearby residents.
SUMMARY
Staff recommends approval of the above stated motions.
WHEREAS, JSDL Enterprises, LLC submitted an application for an On -Sale Liquor License Class
B and Sunday Liquor License for Carbone's Pizza Pub located at 14550 South Robert Trail;
WHEREAS, the licensed premises for Carbone's Pizza Pub will include the outdoor patio
located on the north side of the building; and
WHEREAS, the licensee will be required to follow all regulations set forth in the City Code under
Title 3, Chapter 1 for the outdoor patio.
THEREFORE, BE IT RESOLVED, that the City Council hereby approves the outdoor patio as
part of the licensed premises at 14550 South Robert Trail subject to the following condition:
1) The licensee will clear the patio of all patrons no later than eleven o'clock (11:00) p.m.
Sunday through Thursday and twelve o'clock (12:00) a.m. Friday and Saturday.
ADOPTED this 7th day of October, 2008 by the City Council of the City of Rosemount.
ATTEST:
Amy Domeier, City Clerk
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2008
A RESOLUTION IMPOSING ADDITIONAL CONDITIONS
TO THE LIQUOR LICENSE AT CARBONE'S PIZZA PUB
LOCATED AT 14550 SOUTH ROBERT TRAIL
William H. Droste, Mayor
Motion by: Second by:
Voted in favor:
Voted against:
Member(s) absent:
Sterling Codifiers, Inc. Page 1 of 2
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, cigaretteparaphernalia, 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
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.
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.
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)
http:// www. sterlingcodifiers. com /codebook/getBookData.php ?id= §ion id= 168516 10/02/2008