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HomeMy WebLinkAbout7.a. Amendment to Shenanigan's Pub Class A On-Sale Liquor License and Special Sunday Liquor License 4 ROSEMOUNT EXECUTIVE SUMMARY CITY COUNCIL City Council Regular Meeting: August 19, 2008 AGENDA ITEM: Amendment to Shenanigan's Pub Class AGENDA SECTION: A On -Sale Liquor License and Special public Hearing Sunday Liquor License PREPARED BY: Amy Domeier, City Clerk AGENDA NO. q.6L. Eric Zweber, Senior Planner ATTACHMENTS: Draft Resolution; Liquor Ordinance regarding Outdoor Decks and Patios; Site APPROVED BY: Plan; Landscape Description and Awning Elevation; Fencing Photos RECOMMENDED ACTION: Motion to adopt a Resolution approving an amendment to Shenanigan's Pub Class A On -Sale Liquor License and Special Sunday Liquor License subject to conditions. ISSUE A Class A On -Sale Liquor License and Special Sunday Liquor License amendment request has been made by Shenanigan's Pub ( "Shenanigan's ") to include an outdoor patio area located at 14605 South Robert Trail. 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 Shenanigan's plans to add an approximately 24 foot by 40 foot patio on the east side of their building, between the building and South Robert Trail. Patrons will only be able to access the patio from the inside of the building. Patio Design The 24 foot by 40 foot patio is proposed on the east side of the building between the building and South Robert Trail. There is no access door located on the east side of the building, but there are three public entrances on the building (two on the south side and one on the north). The southern two doors existing from when Shenanigan's used to have a bar on the east half of the building and a liquor store on the west side of the building. Shenanigan's proposes to construct a sidewalk from the eastern of the southern two doors to connect to the patio and the western of the two doors (former liquor store entrance) will be re- opened for a public access to the bar. The interior of the bar is open so that either door can be used for public access and the eastern door is preferred by staff for the patio entrance because it is clearly visibly to the bartenders to keep an eye on who is going onto the patio and what they are carrying with them. The patio will be setback four feet from the public sidewalk along South Robert Trail and be buffer by landscaping and a 42 inch tall wrought iron fence similar to the fence located at Rudy's. The sidewalk connection from the southern door and the patio will be setback two feet from the private sidewalk connecting the bar and sidewalk along South Robert Trail and will also be buffered by landscaping and a 42 inch tall wrought iron 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. o Shenanigan's is proposing an awning /roof along the sidewalk connection to the patio that is located on the south side of the building to provide some cover from the weather for smokers. The building official has determined that this awning /roof does not violate the "Freedom to Breath Act" provided that no more than 50% of the areas of the sides are enclosed. Shenanigan's is proposing no walls on the west, south, or east sides, only the 42 inch tall wrought iron fencing. Staff would like the City Council to consider the materials of the awning /roof. Staff requests that the roof be constructed of asphalt shingles and that eaves, soffits, and support posts be painted or stained a complementary color to the exterior brick. Due to the cost of the patio construction, Shenanigan's is proposing to build the sidewalk with the roof this fall and construct the patio on the east side of the building next spring. This is possible because the roof would require a building permit and the patio only requires a zoning permit. Staff would like to hear from the City Council if this would be acceptable, but staff would request that a letter of credit for 110% of the value of the landscaping be submitted before the first permit is issued to ensure that the work is completed. SUMMARY Shenanigan's will be required to meet all the standards of Ordinance XVI.57 related to outdoor patios and decks that was adopted on December 18, 2007. Shenanigan's will also need to obtain a Certificate of Occupancy for the building permits required. Staff recommends approval of the above - stated motion. 2 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2008 - A RESOLUTION APPROVING AN AMENDMENT TO SHENANIGAN'S PUB CLASS A ON -SALE LIQUOR LICENSE AND SPECIAL SUNDAY LIQUOR LICENSE WHEREAS, Shenanigan's Pub submitted a request to have their Class A On -Sale Liquor License and Special Sunday Liquor License applications for the Shenanigan's Pub, 14605 South Robert Trail, Rosemount, amended to include the outdoor patio located on the east side of the premises. THEREFORE, BE IT RESOLVED, that the city Council hereby approves the amendment to the license applications for the Class A On -Sale and Special Sunday Liquor Licenses subject to the following conditions: 1) The applicant will be required to follow all regulations set forth in the City Code under Ordinance XVI.57; 2) The applicant must submit a Certificate of Liability Insurance including the patio area in the coverage; 3) The roof shall be asphalt shingles and the eaves, soffits, and support columns shall be painted or stained a complementary color of the exterior brick; and 4) A landscape security of 110% of the value of the landscaping shall be provided before any permit is issued and be effective for one year warranty period after the landscaping is installed. ADOPTED this 19th day of August, 2008 by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Amy Domeier, City Clerk Motion by: Second by: Voted in favor. Voted against: Members) absent: CITY OF ROSEMOUNT COUNTY OF DAKOTA STATE OF MINNESOTA ORDINANCE NO. XVi.57 AN ORDINANCE AMENDING TITLE 3, CHAPTER 1 LIQUOR REGULATIONS TO INCLUDE OUTDOOR PATIOS AND DECKS THE CITY COUNCIL OF THE CITY OF ROSEMOUNT ORDAINS AS FOLLOWS: Section 1. The Rosemount City Code Title 3, Chapter 1 is hereby amended by adding Section 3 -1 -16 as follows: 3 -1 -16: OUTDOOR PATIOS AND DECKS: A. Outdoor Patios and Decks. Service and consumption of alcohol in 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 the City 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 ". 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 the City Code. 9. Patrons shall not leave the premises with a drink not 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. Section 2. This Ordinance shall be in effect following its passage and publication. 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