HomeMy WebLinkAboutItem 08September 29, 2010
Item No.
Proposed Action
Staff recommends the following motion: Motion to grant an on -sale and Sunday liquor
license to Apple Minnesota, LLC, d.b.a. Applebee's Neighborhood Grill & Bar, 18404
Kenrick Avenue.
Overview
PUBLIC HEARING ON THE APPLICATION OF APPLE MINNESOTA, LLC
FOR AN ON -SALE AND SUNDAY LIQUOR LICENSE
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 Apple Minnesota, LLC for an on -sale and Sunday
liquor license at Applebee's Neighborhood Grill & Bar.
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. Sergeant Kornmann will
present the Police Department's report on the liquor license application. Mayor Dahl will
then open the hearing to questions and comments. Manager Tom Wroblewski will be
present to answer any questions that the Council members or public may have.
Supporting Information
• Investigative Summary by Sergeant John Kornmann
• Cover letter from Madigan Dahl & Harlan, P.A., on behalf of Apple Minnesota
LLC
Charlene Friedges, City
Financial Impact: $ Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
Applicant: Apple Minnesota Inc.
License Applied For: Liquor and Sunday Liquor
Date: September 15, 2010
Background Investigation Process
All parties listed on the 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 September 1, 2009, I was assigned to the liquor license background check for
Applebee's Neighborhood Grill and Bar. The following automated databases were
checked to conduct this background; DVS, MNCIS, in -house records, criminal history
files. As this business has been in operation since 2007 at its current location and no
changes in business practices are anticipated, interviews were not conducted as a part of
this process.
Persons Checked:
Apple Minnesota LLC
d /b /a Applebee's Neighborhood Grill and Bar
18404 Kenrick Avenue, Lakeville, MN 55044
Investigative Summary
Sgt. John Kornmann
Corporate Officer Ron Igarashi
Corporate Officer Lorin Cortina
Corporate Officer Greg Flynn
Corporate Officer Daniel Krebsbach
Site Manager Thomas Wroblewski
Criminal History:
All parties listed above were clear as checked for this application purpose.
Narrative:
Apple Minnesota LLC is a subsidiary of AAG. AAG operates Applebee's restaurants in
at least 15 states across the U.S. The operation of the Lakeville Applebee's management
has not changed. This background is required by ordinance. All persons checked
returned clear. The Lakeville Police Department found no reasons for denial of a Liquor
License.
Madigan
Dahl &
Harlan RA.
August 12, 2010
Ms. Char Friedges
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
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;
L:AA-GVApple A
an Group, LLC\L
Katherine E. Becker
(612)604 -2592 becker @mdh- law.com
Campbell Mithun Tower
222 South Ninth Street Suite 3150
Minneapolis MN 55402
T (612)604 -2000 F (612)604 -2599 mdh- law.com
sAGcee, - a I ConACrtyClerkMailMerge .do c3 /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