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HomeMy WebLinkAboutItem 07June 10, 2014 Item No. PUBLIC HEARING BALDY'S BARBECUE CORP. Proposed Action Staff recommends adoption of the following motion: Move to grant an on -sale and Sunday liquor license to Baldy's BBQ Corp. Overview In accordance with Title 3-1-6-2 of the Lakeville City Code, the City Council will conduct a public hearing on the application of Baldy's BBQ Corp. for an on -sale and Sunday liquor license. Baldy's BBQ currently has a wine and 3.2% malt liquor license. The Police Department reviewed the application of Brian Patrick Wheeler, who has operated his restaurant at this location since August 2009. He indicated that the sole purpose of this license is to provide alcoholic beverages with BBQ. The establishment must meet the 50% food requirement as provided in 3-1-4 of the Lakeville City Code. Mr. Wheeler will be present at the public hearing. Primary Issues to Consider • Does the applicant meet the requirements for an on -sale and Sunday liquor license? The applicant meets all State and City requirements for the license requested. Supporting Information • Investigative report by Lt. Jason Polinski Charlene Friedges, City erk Financial Impact: $ Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: Baldy's Barbeque Corp. d/b/a Baldy's BBQ 11276 W. 210th Street, Suite 102 and 103 Lakeville, MN Investigative Summary Lt. Jason Polinski Applicant: Brian Patrick Wheeler License Applied For: Liquor On -Sale (less than $375,000) Sunday Liquor On -Sale Date: June 3, 2014 Backp,round Investigation Process All parties listed on the On -Sale liquor license application as either an officer or a manager of the business are required to complete a part I1 application, which includes personal information and character references. On June 3, 2014, I was assigned to the liquor license background check Brian Patrick Wheeler. Information obtained in the 2014 background check was utilized. The following automated databases were rechecked to insure no recent activity; DVS, 11Q, in- house records, City Hall in-house checks, and criminal history files. Police Department Contacts: 5/30/2014 Permit Holder 9/06/2012 Liquor — sell to under age 21 (Compliance check) 6/16/2011 Liquor — sell to under age 21 (Compliance check) Conclusion Mr. Wheeler has provided information that this business is designed to be a restaurant and currently operates as such. The sole purpose of this license is to provide the ability for person(s) to consume beer with their BBQ and is not designed to be a bar. Mr. Wheeler has operated BBQ since August, 2009 and the complaints listed above under Police Department Contacts are the most recent since his original application. The two sell to under age contacts, the establishment paid the fines and did the proper acts to rectify the situation. The background investigation is complete. All application materials are filed with the City Clerk. The Lakeville Police Department has considered this application and has no reservations as to the approval of a Liquor On -Sale (less than $375,000) and a Sunday Liquor On -Sale license. Lieutenant Jason Polinski, LPD