HomeMy WebLinkAbout6.i. Adopt Resolution to Amend McDivor's Liquor Licenses • ' CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: MAY 20, 1997
AGENDA ITEM: ADOPT RESOLUTION TO AMEND AGENDA SECTION: CONSENT
McDNOT'S LIQUOR LICENSES
PREPARED BY: SUSAN WALSH AGENDA NO. �
ASSISTANT TO CITY ADMINISTRATOR � � �IV� � �
ATTACHMENTS: RESOLUTION APPROVED BY:
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Attached for the City Council adoption is a resolution setting out the conditions of approval for amending
Wilkat, Inc. d.b.a McDivot's On Sale Intoxicating Liquor License and Special Sunday On Sale License
application. As a result of discussion of this matter at the May 6, 1997 City Council meeting, the conditions are
as follows:
(1) Wrought iron railing will meet City Code and approval by the city building official;
(2) No music or dancing on the patio;
(3) Patio will be monitored by staff at all times;
(4) Hours of operation of patio will be until 11:00 p.m., Sunday- Thursday, and until midnight, Friday and
Saturday;
(5) There will be no bar on the patio and food and beverages will be served by servers;
(6) Primary activity on the patio will be dining and social drinking;
(7) Amendment to licenses will be on a provisional basis, and the City Council may revoke, suspend or
decline to renew the license for the patio portion if licensee fails to comply with the conditions or there is
undue annoyance or burden on the nearby neighbors;
(8) If the City Council would revoke, suspend or not renew the license for the patio because of undue
annoyance or burden to nearby residents, this would not jeopardize the licensee's liquor licenses for the
premises described in the original application.
Mr. Schneider has reviewed this resolution and has signed a copy of the resolution indicating he is in agreement I�
with the conditions for approval. I
RECOMMENDED ACTION: MOTION TO ADOPT A RESOLUTION APPROVING AN
AMENDMENT TO WII.,KAT, INC. D.B.A. McDIVOT'S PUB &EATERY ON SALE INTOXICATING '
LIQUOR LICENSE AND SPECIAL SUNDAY ON SALE LICENSE APPLICATION
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CITY OF ROSEMOUNT �I
DAKOTA COUNTY, MINNESOTA I�
RESOLUTION NO. 1997 - III
A RESOLUTION APPROVING AN AMENDMENT TO WIL T, INC. D.B.A.
McDNOT'S PUB & EATERY ON SALE INTOXICATING LIQUO LICENSE AND
SPECIAL SUNDAY ON SALE LICENSE APPLICAT ON
WHERES,Wilkat, Inc. submitted a request to have its On Sale Into�cating Liquor Licenses and
Special Sunday Liquor License Applications for McDivots's Pub &Eatery, �4550 South Robert
Trail, amended to include the outside patio located on the northeast side of t�e premises; and
WHEREAS,the City Council recognizes that the attached patio is a compa�t and contiguous
space to the licensed premises; and I
WHEREAS,the City Council is cognizant ofthe concerns from adjacent re�5idents about noise
levels which may be caused from having alcoholic beverages served on the o�utside patio; and
WHEREAS,the City Council has sui�icient concerns about the potential di�iculties of revoking,
suspending or declining to renew a license for the patio portion of the licens�d premises in the
event the conduct of the business on such patio area causes an undue annoy�nce or burden to
nearby residents that it would not grant the license amendment but for the a�plicant's consent and
a eement to the conditions hereinafter set forth� and �
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WHEREA5,the applicant has indicated consent and agreement to the cond�tions hereinafter set
forth by the signature on a copy of this resolution by its duly authorized repr�esentative;
NOW THEREFORE BE IT RESOLVED,that the City Council hereby a�proves the
amendment to the license applications for On Sa1e Into�ricating Liquor and �pecial Sunday On
Sale Licenses subject to the following conditions: �
1) The patio area shall be enclosed with a wrought iron railing which mleets the City Code
and final inspection by the city building official; '
2) There shall be no music or dancing on the patio; I�,
3) The patio area shall be controlled and monitored continuously during� hours of operation
and unruly patrons shall be removed immediately; 'i
4) The hours and days of sale of alcoholic beverages shall be in accorda�nce with the City
Code with the exception that the licensee shall clear the patio area o�patrons no later than
eleven o'clock (11:00) P.M., Sunday through Thursday, and twelve b'clock(12:00) A.M.
Friday and Saturday; 'i
5) There shall be no bar on the patio and food and beverages will be br��ught to tables from
inside the building by servers; ',
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RESOLUTION 1997 -
6) The primary activity on the patio shall be dining and social drinking rather than consuming
alcoholic beverages only;
7) This amendment to the licensee's On Sale Intoxicating liquor License and Special Sunday
On Sale ticense applications shall be approved on a provisional basis, and the Council may
revoke, suspend or decline to renew the license for the patio portion of the licensed
premises on the grounds of failure to comply with the conditions in this Resolution or
undue annoyance or burden on nearby residerrts, in the absolute and sole discretion of the
City Council.
8) If the City Council revokes or suspends approval or declines to renew the license for the
sale of alcoholic bevera�es on the patio because of undue annoyance or burden to neazby
residents, such action shall not jeopardize or cause suspension or revocation to the
licensee's On Sale Intoxicating Liquor License and Special Sunday Liquor License for the
premises described in the original application for licenses submitted by Wilkat, Inc.
9) The conditions set forth above shall continue to be in effect during the 1997 license year
and any renewal years unless explicitly modified or rescinded by the City Council.
ADOPTED this 20th day of\r1ay, 1997.
Cathy Busho, Mayor
ATTEST: `
Susan M. Walsh, City Clerk
The Applicant, by its duly authorized representative consents and agrees to the above condition.
Wilkat, Inc.
By:
Its:
Motion by: Second by:
Voted in favor:
Voted against:
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