The URL can be used to link to this page

Home My WebLink AboutItem 06.eSeptember 2, 2010 Proposed Action Staff recommends adoption of the following motion: Receive application of Apple Minnesota, LLC, for an on -sale and Sunday liquor license, and call a public hearing to be held on October 4, 2010. Overview RECEIVE APPLICATION OF APPLE MINNESOTA, LLC D.B.A. APPLEBEE'S NEIGHBORHOOD GRILL & BAR FOR AN ON -SALE AND SUNDAY LIQUOR LICENSE Item No. All of the Applebee's restaurants in Minnesota are being sold to a new company, Apple Minnesota LLC. Liquor licenses in Lakeville are not transferrable; therefore, the new owner must obtain a license for the establishment, which is located at 18404 Kenrick Avenue. The applicant has indicated that day to day operations, including the on -site manager, employees, menu and hours of operation will remain the same. The Police Department has reviewed the application and completed background investigations on the four named officers. The investigations raised no concerns that would prohibit the issuance of the license requested. A public hearing is scheduled for the October 4, 2010 City Council meeting. Supporting Information • License application. Charlene Friedges, Cit ( lerk Financial Impact: $ Budgeted: Y/N Source: Related Documents (CIF, ERP, etc.): Notes: Madigan Dahl & Harlan PA August 12, 2010 Ms. Char Friedges City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Katherine E. Becker (612)604 -2592 becker @mdh-Iaw.com Campbell Mithun Tower 222 South Ninth Street Suite 3150 Minneapolis MN 55402 T (612)604 -2000 F (612)604 -2599 mdh- law.com Re: Applebee's On -Sale Intoxicating Liquor License Application Dear Ms. Friedges: Please be advised that our firm represents Apple Minnesota LLC in connection with their application for an On -Sale Intoxicating Liquor License at the Applebee's located in Lakeville. By way of brief background, all of the Applebee's locations in Minnesota are being sold to a new company, Apple Minnesota LLC. In connection with that sale, we have completed the respective applications for an On -Sale Intoxicating Liquor License with Sunday Sales, which is enclosed herein for filing. As you will see by the application materials, the applicant, Apple Minnesota LLC has four officers which have all completed the necessary portions of the application. However, please note that at this time, the day to day operations of each Applebee's location, including the on -site manager, employees, menu and hours of operation will remain the same In connection with the submission of the application for an On -Sale Intoxicating Liquor License, enclosed please find the following documents: 1. Request for Liquor License Application; 2. Liquor License Application for Apple Minnesota LLC; 3. Part II Personal Information for Officer Ron Igarashi with consent for Release of Information; 4. Part II Personal Information for Officer Lorin Cortina with consent for Release of Information; 5. Part II Personal Information for Officer Greg Flynn with consent for Release of Information; 6. Part II Personal Information for Officer Dan Krebsbach with consent for Release of Information; 7. Part II Personal Information for Manager Thomas Wroblewski with consent for Release of Information; LeA- GaApple American Group, LLCALiquor LicenaeaVGeneral Con doc8 /232010 Ms. Char Friedges August 23, 2010 Page 2 8. Certificate of Compliance with Minnesota Workers' Compensation Law; 9. Certification of an On -Sale Liquor License for the Minnesota Department of Public Safety; 10. Copy of the Buyer's Card Application (please note the original along with the applicable filing fee has been sent directly to the AGED); 11. Certificate of Liability Insurance; 12. Ownership Structure for Apple Minnesota LLC; 13. Organizational documents for Apple Minnesota LLC filed with the Delaware Secretary of State; 14. Certificate of Authority to transact business in Minnesota for Apple Minnesota LLC from the Minnesota Secretary of State; 15. Certificate of Good Standing for Apple Minnesota LLC from the Minnesota Secretary of State; 16. Copy of the Floor Plan; 17. Lease Agreement; and 18. A check in the amount of $7,200.00 which represents the applicable investigation fee and license fee. Please be advised that the anticipated closing date for this transaction is October 15, 2010. We will update you with any changes to that intended closing date as they occur. Additionally, please return any unused portion of the Liquor License fee that was paid by the current licensee, Applebee's Restaurants North, LLC, directly to their corporate offices at Attention Bridget Holton, P.O. Box 15508, Lenexa, KS 66285. Thank you for your assistance with this matter. If you have any questions or require additional information, please do not hesitate to contact me. Very truly yours, MADIGAN, DAHL & HARLAN, P.A. Katherine E. Becker KEB /ala Enclosures **************************4******************************** ** * * * * * * * * *4 ***** * * * * * * * * * * * *** TYPE OF LICENSE CITY OF LAKEVILLE Case ,file: 20195 Holyoke Avenue Date received: Lakeville, MN 55044 License type: License fee: Sunday fee: Investigation fee: Receipt number: Part I Insurance received General Information OFFICE USE ONLY LIQUOR LICENSE APPLICATION Liquor Sunday Liquor Wine 3.2% Malt Liquor On -Safe 32% Malt Liquor: Off -Sale Temporary 3.2% Malt Liquor: On -Sale ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Name of applicant (name of individual, partnership, corporation or association) Apple Minnesota LLC Business Name Applebee's Neighborhood Grill & Bar Business Address 18404 Kenrick Avenue, (952) 892 -1991 Phone ,,Q� Minnesota Tax ID # 1 / lal 3 t () () () () Dakota County Property ID # as b, 0 1- 020 -01 DESCRIPTION OF PREMISES: Special Club Liquor Consumption & Display Temporary Consumption & Display Temporary Liquor: On -Sale Lakeville, MN 55044 Federal Tax# 91- 2115263 IF BUSINESS IS TO BE CONDUCTED UNDER A DESIGNATION, NAME OR STYLE OTHER THAN FULL INDIVIDUAL NAME OF THE APPLICANT, ATTACH COPY OF THE CERTIFICATE OF ASSUMED, NAME, AS REQUIRED BY CHAPTER 333, MINNESOTA STATUTES, CERTIFIED BY THE OFFICE OF THE SECRETARY OF STATE. State the exact legal description of the premises to be licensed. (Applicants must also submit a plot plan showing dimensions, location of buildings, any outdoor seating areas, street access, parking facilities and the locations of and distances nearest church buildings and school grounds.) See attached Floor Plan. Location is the same as current Applebee's. How are the premises zoned under the Lakeville zoning ordinance? Commercial Liquor License Application Page 2 Full names, residences and business addresses and telephone numbers of the owner or owners of the building wherein the licensed business will be located. Full Name Bases Loaded, LLC Phone Residence Address Attention: John Triandafilidis Business Address Albuquerque, NM 87107 Full Name Phone Residence Address Phone Business Address Phone Where the building is owned by other than the applicant, state in summary the conditions of lease arrangement, such as, term of lease, monthly rental, renewal privileges, etc. (Attach a copy of the lease.) See attached Lease Agreement. FINANCIAL INTEREST CRITERIA: Give full names, addresses and telephone numbers of'all persons, other than the applicant, who have any financial interest in the business, buildings, premises, fixtures, furniture, or stock in trade. State the nature of the interest amount thereof, and the terms for payment or other reimbursement. (This shall include, but not be limited to, any lessees, lessors, mortgagors, lendors, lien holders, trustees, trustors and persons who have co- signed notes or otherwise loaned, pledged, or extended security for any indebtedness of the applicant.) Full Name None - See attached Lease Agreement Phone Address Nature of Interest, etc. Full Name Address Nature of Interest, etc. DESCRIPTION OF PROPOSED BUSINESS: Phone Provide a detailed narrative description of the proposed business for which the license is sought including, but not limited to, type of clientele, type of entertainment including, but not limited to, outdoor entertainment, dancing, live music and amplified music (if any) and type of food menu. What is the seating capacity of the restaurant? Indoor seating Same Outdoor seating Same Liquor License Application Page 3 IF THE APPLICATION IS FOR PREMISES EITHER PLANNED OR UNDER CONSTRUCTION OR UNDERGOING SUBSTANTIAL ALTERATION, THE APPLICATION SHALL BE ACCOMPANIED BY A SET OF PRELIMINARY PLANS SHOWING THE DESIGN OF THE PROPOSED PREMISES TO BE LICENSED. IF THE PLANS OR DESIGN ARE ON FILE WITH THE MANAGER OF THE BUILDING AND LAKEVILLE BUILDING INSPECTIONS DEPARTMENT, NO ADDITIONAL PLANS NEED BE FILED WITH THIS APPLICATION. State the floor number, general area, and all rooms where intoxicating liquor is to be sold and consumed, including outdoor areas. (Applicant shall attach a floor plan showing dimensions and indicating number of persons intended to be served in said rooms.) See attached Floor Plans. What permits or licenses required by the State of Minnesota have been applied for or issued for the premises? In what name were these applied for or issued and what is the nature of the permit or license? Buyer's Card Application Are any real estate taxes, personal property taxes, special assessments, or other financial claims of the City of Lakeville delinquent or unpaid for the premises to be licensed? Yes No X If yes, give details. Liability Insurance must be provided in accordance with City Code 3- 1 -9 -2. ANY FALSIFICATION OF ANSWERS TO THE ABOVE QUESTIONS WILL RESULT IN DENIAL OF THE LIQUOR LICENSE. J CL Signature of Notary Public A yag,DRA Y fit, Meta ol dtq Coramaaton nom ature of Applicant) SUBSCRIBED AND SWORN TO BEFORE ME this �z day of C - CC , 20 / My Commission expires on: PLEASE INCLUDE COPIES OF THE FOLLOWING: 1) Certificate oflncorporation, 2) Articles oflncorporation or Association Agreement, 3) By -Laws to the application, 4) Foreign corporations shall attach Certificate of Authority, as described in M.S.A. Chapter 303. Name of corporation or association, address and phone number and home office address and phone number: Name Apple Minnesota LLC Home Office Address 6200 Oak Tree Boulevard, Suite 250, Independence OH 44131 Full names of all officers of said corporation or association: Gregory Grant Flynn President CFO/ Vice President Lorin Miguel Cortina Secretary Ronald Shigeru Igarashi COO Treasurer Daniel Victor Krebsbach Full Name Full Name Full Name Full Name CITY OF LAKEVILLE LIQUOR LICENSE APPLICATION FOR A CORPORATION OR ASSOCIATION Please attach to Liquor License Application -Part I None -See attached Organizational Chart Phone (216) 525 -2275 Full names of all persons who singly or together with their spouse and his or her parents, brothers, sisters or children, own or control an interest in said corporation or association in excess of five percent: Interest Interest Interest Interest Full name of the manager, assistant manager, food manager, beverage manager and any other individual with management responsibilities for the corporation's or association's premises to be licensed: Full Name Full Name Full Name (A Pan 11- `Personal Information form' must be filled out and attached for each of the individuals listed above)