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HomeMy WebLinkAbout2010-158 CCR Member Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2010 -158 RESOLUTION MAKJNG FINDINGS OF FACT AND ORDER RELATING TO AMF EARLE BROWN LANES LIQUOR LICENSE Upon due notice, a hearing was held by the Brooklyn Center City Council on the 13th day of December, 2010, at 7:00 p.m., at the Brooklyn Center City Hall, on the matter of the liquor license application of AMF Earle Brown Lanes, pursuant to Brooklyn Center City Code, Section 11- 125. City staff presented information relating to the failure of the liquor license applicant to meet the requirements of City Code, Section 11 -107, paragraph 4(c) relating to the percentage of revenue derived from the serving of food for consumption on the premises. The applicant was represented by Tim Duffy and Don Tuttle. Having heard and duly considered the evidence presented at the hearing, the Council makes the following FINDINGS OF FACT and ORDER: FINDINGS OF FACT 1. AMF Bowling Centers, Inc. d/b /a AMF Earle Brown Lanes (the "Applicant ") holds an on -sale Class C intoxicating liquor license for 2010. 2. Brooklyn Center City Code, Section 11 -107, paragraph 4(c) requires that to be entitled to a Class C license, a restaurant must derive at least 40% of its revenue from the serving of food for consumption on the licensed premises. 3. The Applicant has submitted information showing that for 2010, only 34% of sales were derived from the sale of food. Therefore, the Applicant has not complied with the requirements of Section 11 -107, paragraph 4(c). 4. The Applicant has submitted for the Council's consideration a marketing plan entitled Earle Brown Lanes EB's Grill Marketing Plan, which is on file with the City Clerk (the "Marketing Plan "), and has represented that it can, and will, take steps necessary to meet the requirement of City Code that at least 40% of its revenues be derived from the serving of food for consumption on the licensed premises. 5. The Council has determined that it is reasonable to grant a Class C license to the Applicant, but only on the terms and conditions set forth in the following order: RESOLUTION NO. 2010 -158 ORDER On the basis of the FINDINGS and evidence and testimony presented at the hearing, the Council orders that a Class C intoxicating liquor license be granted to the Applicant on the following conditions: 1. Each month during the term of the license, no later than the 15th day of each calendar month, commencing February 15, 2011, the Applicant shall submit to the City a report, certified by a certified public accountant, showing the percentage of revenue derived from the serving of food for consumption on the premises for the preceding calendar month. 2. The Applicant must receive at least 40% of its revenues from the serving of food for consumption on the premises in the calendar month of February 2011. 3. The Applicant must have achieved a cumulative percentage of 40% of revenues derived from the serving of food for consumption on the premises for the period November 1, 2010, through April 30, 2011. 4. The Applicant shall implement and maintain the measures identified in the Marketing Plan. 5. The Applicant shall comply with all requirements of City Code and State law relating to the sale of alcoholic beverages. 6. Failure to comply with any of these conditions may result in suspension or revocation of the license or the imposition of sanctions authorized by Minnesota Statutes, Chapter 340A, and City Code. The Applicant is advised and admonished that it is the Applicant's responsibility to meet the requirements of this Order and to meet the required percentage of revenues derived from the serving of food for consumption on the premises. Marketing and management efforts designed to increase the sale of food may, or may not, suffice to bring the Applicant into compliance with the requirements of City Code. If it is not possible for the Applicant to meet the requirements of this Order and of City Code through efforts to increase the sale of food, the Applicant may have to take other steps to reduce the revenues received from the sale of alcoholic beverages. Such steps may include reduction or elimination of happy hours or other sales incentives, restricting the hours of operation of the lounge, closing the lounge, or otherwise restricting the sale of alcoholic beverages. RESOLUTION NO. 2010 -158 By Order of the City Council of the City of Brooklyn Center this 13th day of December, 2010. December 13, 2010 Date Mayor ATTEST: City lerk The motion for the adoption of the foregoing resolution was duly seconded by member Tim Roche and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Kay Lasman, Tim Roche, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.