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.
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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.
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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.
Adopted this 18th day of December, 2007, by the City Council of the City of Rosemount.
William H. Droste, Mayor
ATTEST:
Amy Domeier, City Clerk -
Published in the Rosemount Town Pages this day of . 2007.
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