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Home My WebLink AboutItem 08July 14, 2010 e Item No. PUBLIC HEARING ON THE APPLICATION OF BALDY'S BBQ CORP. FOR AN ON -SALE 3.2% MALT LIQUOR LICENSE Proposed Action The Police Department recommends the following motion: Motion to grant an on -sale 3.2% malt 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 3.2% malt liquor license. Baldy's BBQ restaurant is located in the Marketville Shopping Center at 11276 —21 oth Street West. Mayor Dahl will open the public hearing and ask the City Clerk to attest that notice of the hearing was duly published in the City's legal newspaper. The applicants, Brian Wheeler and Sony Man, will provide an overview. Sergeant John Kornmann will present the Police Department's report on the liquor license application. Mayor Dahl will then open the hearing to questions and comments from members of the audience. After all public comments are heard, the City Council should move to close the public hearing. The Police Department has reviewed the application and completed background investigations on the applicants. The Police Department has indicated that the nature of a 3.2% malt liquor license has limitations that satisfy the concerns of the department while allowing Baldy's BBQ to operate within its business plan. Approval is recommended. Supporting Information Investigative } Summary by Sergeant John Kornmann rlene Friedcles, CiNIClerk Financial Impact: $ Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: June 29, 2010 tae Item No. Move to Accept the Application for On -Sale 3.2% Malt Liquor License for Baldy's BBQ and Call for Public Hearing Proposed Action Staff recommends adoption of the following motion: Receive application of Baldy's BBQ Corp. for an On -Sale 3.2% beer License and call for a public hearing to be held on July 19, 2010. Overview An application has been submitted for an on -sale 3.2% beer license for Baldy's BBQ, located in the Marketville Shopping Center, 11276 210 Street W. Baldy's BBQ previously requested an on -sale 3.2% Malt Liquor and Wine License which the Police Department did not recommend approval and the City Council denied. The Council further stated that Baldy's BBQ could not reapply for the same license until January 1, 2012, The Police Department has reviewed the application and completed background investigations on applicants Sony Man and Brian Wheeler. The police department is satisfied that the application is complete and is comfortable in recommending approval of an on -sale 3.2 beer license. A public hearing is recommended for July 19, 2010. Primary Issues to Consider When can Baldy's reapply for a 3.2% Malt Liquor and Wine License? What are the differences between this application and the previous application? Does the Police Department have any reservations concerning this application? Supporting Information • Analysis of Primary Issues Investigative Summary of Backgrounds on both owners. I, _ M. John Kornmann, Police Department Financial Impact: $ Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: Council Report Page 2 Analysis of Primary Issues 1. When can Baldy's reapply for a 3.2% Malt Liquor and Wine License? The Finding of Fact from the Council previous action state that the applicants may not reapply for a 3.2% Malt Liquor and Wine License until Jan 1, 2012. 2. What are the differences between this application and the previous application? The previous application was for a different type of liquor license. With a 3.2% Malt Liquor and Wine License, it is actually possible to serve malt liquor with a higher concentration of alcohol, as is the case with wine under certain conditions. A 3.2 % Malt Liquor License only allows the sale of the lower alcohol content beer. 3. Does the Police Department have any reservations concerning this application? The police department has examined the license type requested as well as the application and background information submitted by the applicant and has no reservations for the following reasons o All Information requested was received on this application. o The nature of a 3.2% On -Sale beer license has limitations that satisfy the concerns of the police department while allowing Baldy's BBQ to operate within its business plan. o Past experience with restaurants with a 3.2% on -sale beer license provide the police department with a history of operation under this license type. Baldy's Barbeque Corp. d /b /a Baldy's BBQ 11276 W. 210'' Street, suite 102 and 103 Lakeville, MN. 55044 Investigative Summary Sgt. John ICornmann Applicant: Brian Patrick Wheeler License Applied For: Retail on -sale 3.2% Liquor Date: June 29, 2010 Background Investigation Process All parties listed on the 3.2 malt liquor license application as either an officer or a manager of the business are required to complete a part II application, which includes personal information and character references. On June 29, 2010, I was assigned to the liquor license background check Brian Patrick Wheeler. Information obtained in the 2009 background check was utilized. The following automated databases were rechecked to insure no recent activity; DVS, MNCIS, in -house records, criminal history files, MNJIS. Criminal History State ID Number: MN04075019 FBI Number: 216570AC8 Hithest Conviction Level: MN Misdemeanor 8/18/2008 Arrest: Edina Police Department 609.2242 Domestic Assault Conviction: Disorderly Conduct Sentence: 30 days stayed, probation 1 year 5/12/2008 Arrest: Minnesota State Patrol- Oakdale 169A.20 Driving While Impaired, drive w/ BAC at/over.08 Conviction: Careless Driving Sentence: 1 yr Probation, No Alcohol, No DL Violations, No Drive W/O insurance, Chemical Dependency Evaluation, Victim impact panel, .08 dismissed. FBI Results: MN info listed above only Driver's License History 9/19/2009 Reinstated 5/12/2008 hnplied Consent Test 6/14/2008 Revoked Alcohol Concentration .10 90 days 12/02/2007 Speeding Dakota County 11/22/2006 Speeding Missouri 7/4/2006 Follow Too Close, Missouri 9/8/2005 Speeding, Missouri Police Department Contacts: Other than listed above, none of note City of Lakeville Police Department 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 Baldy's BBQ since August, 2009 and no complaints of any type have been received by the police department. 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 3.2 % Malt Liquor License application. Sergeant John Kornmann Lakeville Police Department Baldy's Barbeque Corp. d /b /a Baldy's BBQ 11276 W. 210` Street, suite 102 and 103 Lakeville, XIN. 55044 Applicant: License Applied For: Date: Investigative Summary Sgt. John Kornmann Sony Ouk Man Retail on -sale 3.2% Liquor June 29, 2010 Background Investigation Process All parties listed on the 3.2 malt liquor license application as either an officer or a manager of the business are required to complete a part lI application, which includes personal information and character references. On June 29, 2010, I was assigned to the liquor license background check of Sony Ouk Man. Information obtained in the application process in the fall of 2009 was utilized. The following databases were rechecked to insure no recent activity; DVS, MNCIS, in- house records, criminal history files, MNJIS. Criminal History State ID Number: None FBI Number: None No computerized criminal history is on file due to a lack of fingerprints for his 1998 arrest. Hiehest Conviction Level: MN Felony 7/31/1998 Arrest: Conviction: I" Degree Controlled Substance Violation Sentence: 120 days served in JDC, 10 years probation FBI Results: None Driver's License History 02/27/2003 Suspension Fee Paid 02/27/2003 Reinstated 2/11/2003 suspended for fail to pay fine 1/7/2003 suspended for driving after withdrawl 10/23/2002 reinstated 9/9/2002 suspended for fail to appear or pay fines 10/23/2002 fine paid 9/24/2000 Speeding Freeborn County 9/28/1999 Reinstated 8/16/1999 Suspended fail to appear or pay fines 5/18/1999 Speeding Dakota County 5/11/1998 No DL Dakota Police Department Contacts: None of note other than listed in criminal convictions Military Service None Disclosed Education: No disclosure of education was requested of the applicant. Professional Status: No requirements for professional status are required for this license application. Employment History FNR Auto Customs, 420 E. Lake Street, Minneapolis, MN 4 -09 to present (Owner) FNR Racing, 1203 Cliff Road E, Burnsville, MN 8 -09 to present (owner) FNR Auto Customs, 401 3' Ave. Austin, MN 3 -05 to 7 -1 -09 (owner) Intense Audio and Import Racing, 402 B Lexington, Parkway, St. Paul 00 -02 Conclusion The Lakeville Police Department has no reservations as to the approval of this On Sale 3.2 % Malt Liquor License application.