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HomeMy WebLinkAboutItem 07 December 22, 2015 Item No. ____ PUBLIC HEARING – MUY PIZZA MINNESOTA, LLC ON-SALE WINE AND 3.2% MALT LIQUOR Proposed Action Staff recommends adoption of the following motion: Move to grant an on-sale wine and 3.2% malt liquor license to MUY Pizza Minnesota, LLC, d.b.a. Pizza Hut, 17305 Kenrick Avenue. 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 MUY Pizza Minnesota LLC for an on-sale wine and 3.2% malt liquor license. MUY Pizza Minnesota plans to reopen the Pizza Hut restaurant at 17305 Kenrick Avenue. The restaurant has indoor seating for 90 persons. Consistent with State Statute 340A.404, Lakeville ordinance allows the holder of an on-sale wine license, whose gross receipts are at least 60% attributable to the sale of food, to sell strong beer at on-sale without an additional license. No additional fee may be charged. The Police Department reviewed the application and conducted background investigations on the corporate officers/owners James Bodenstedt, Jimmy Mooney and Steve Adkins. Approval is recommended. Elizabeth Lundin (Manager) and her District Manager, Nathan Besler will attend the public hearing. Doug Prickett from the District Office will also be in attendance. Primary Issues to Consider • The applicant meets all requirements for an on-sale wine and 3.2% malt liquor license. Supporting Information • Investigative report by Lt. Jason Polinski Charlene Friedges, City Clerk Financial Impact: $___N/A_________Budgeted: Y/N ____ Source: __________________ Community Values: Good Value for Public Services _____________________ MUY Pizza Minnesota, LLC. 17305 Kenrick Ave., Lakeville MN 55044 Investigative Summary Lt. Jason Polinski Background Investigation Process All parties listed on the liquor license application as either an officer or an owner of the business are required to complete a part II application, which includes personal information and character references. Several automated databases are used to do the criminal background checks on these individuals. These databases include: • Computerized Criminal History which shows all criminal contacts. • CrimNet which shows any court related actions and whether the individual has been detained in any correctional facility in Minnesota. • Department of Vehicle Services which gives driver’s license status and potential arrest warrant information. • Lakeville Police Department In-House Records which shows any local contacts. • Experian Credit Reporting Database • Personal References are contacted and questioned reference the length of time they have known the applicant, as well as how they are acquainted. A generalization of the applicant’s character, drinking habits and financial dealings, as well as any knowledge of criminal history with the applicant. Applicants Included in Investigation Owner: James Bodenstedt Owner: Steven Adkins Owner: Jimmy Mooney Summary of Findings to Date Mr. Bodenstedt has applied for wine and 3.2% malt liquor license for the business he is opening, MUY Pizza Minnesota, LLC. In his application material, all four persons listed above are listed as a financially interested party. Background checks were done on the applicant’s reference law enforcement contacts, warrants, and criminal history. The following was discovered: James Bodenstedt: • In house name research: Clear • State and Federal Persons check: Clear • Computerized criminal history: Clear • ISS (BCA): Clear Steven Adkins: • In house name research: Clear • State and Federal Persons check: Clear • Computerized criminal history: Clear • ISS (BCA): Clear Jimmy Mooney: • In house name research: Clear • State and Federal Persons check: Clear • Computerized criminal history: Clear • ISS (BCA): Clear Conclusions: The background investigation is complete. The Lakeville Police Department has no reservations as to the approval for a wine and 3.2% malt liquor license.