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HomeMy WebLinkAboutItem 07April 3, 2015 Item No._______ PUBLIC HEARING – HEAVY METAL GRILL LLC Proposed Action Staff recommends adoption of the following motion: Move to grant an on-sale wine and 3.2% malt liquor license to Heavy Metal Grill LLC, and to allow the sale and consumption of alcoholic beverages on an outdoor patio. Approval is subject to receipt of a certificate of liquor liability insurance. 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 Heavy Metal Grill LLC for an on-sale wine and 3.2% malt liquor license. Heavy Metal Grill will be located in the former Ace Hardware building in downtown Lakeville. The applicant is also requesting approval of an outdoor patio, which is proposed to be located on the southeast side of the building. As required by state statute and city ordinance, wine licenses may be issued to restaurants having seating for at least 25 guests at one time. The applicant has indicated his restaurant will have indoor seating for approximately 50 along with an additional 28 seats on the patio. City ordinance authorizes the holder of an on-sale wine license, who also has an on-sale 3.2 beer license, to serve strong beer provided the restaurant’s gross receipts are at least 60% attributable to the sale of food. The Police Department reviewed the application and conducted a background investigation on Martin Anthony Richie, who is the sole owner of the business. The Police Department recommends approval of the licenses requested. Mr. Richie will attend Monday’s public hearing. Primary Issues to Consider • Does the applicant meet the requirements for an on-sale wine and 3.2% malt liquor license and an outdoor patio? Supporting Information • Investigative report by Lt. Jason Polinski, and Planning report related to the patio Charlene Friedges, City Clerk Financial Impact: $____________Budgeted: Y/N ____ Source: __________________ Community Values: Good Value for Public Services _____________________ Analysis of Primary Issues: The applicant meets all State and City requirements for the licenses requested, with the exception of a certificate of liquor liability insurance. Mr. Richie is working with his insurance agent and will provide the required certificate as soon as possible. The licenses will not be issued until the insurance certificate is received. The patio application and site plan meet the requirements set forth in Section 3-1-8-14 of the City Code. Because the outdoor patio is located more than 150 feet from a residential zoning district, there is no restriction on the hours for serving food or alcohol on the patio. Final approval of the patio by the Building Inspections Department is subject to payment of Metropolitan Council SAC units and 25% of the additional city sewer and water connection charges for the additional seating.