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HomeMy WebLinkAbout2008-145 CCRMember Mark Yelich introduced the following resolution and moved its adoption: RESOLUTION NO. 2008-145 RESOLUTION RELATING TO THE APPLICATION FOR AN INTOXICATING LIQUOR LICENSE FROM RICH VENTURES, INC. WHEREAS, the City has received an application for a renewal of an on-sale intoxicating liquor license from Rich Ventures, Inc. (hereinafter the "Applicant"), for the business operated as Boulevard's Bar & Grill at 2545 County Road 10 in the City of Brooklyn Center; and WHEREAS, upon due notice to Applicant, the City Council held a hearing on December 8, 2008, on the question whether to renew such license, at which hearing the Applicant was given an opportunity to appear and present testimony and evidence. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that after due consideration of the evidence presented at the hearing, the City Council makes the following FINDINGS OF FACT and ORDER: FINDINGS OF FACT 1. City Code Section 11-110, Subdivision 3 provides that fees for liquor license renewals shall be paid in full at the time of application for renewal. 2. The renewal license fee paid by the Applicant was paid by check which was returned by the bank by reason of insufficient funds in the account. 3. Therefore, the Applicant does not meet the requirements of City Code Section 11- 110, Subd. 3. 4. Brooklyn Center City Code authorizes four classes of on-sale liquor licenses for restaurants based on the percentage of revenue derived from the serving of food for consumption on the premises. No license is available for restaurant establishments deriving less than 40% of their revenues from the sale of food for consumption on the premises. The Applicant's application includes a statement from a certified public accountant stating that the percentage of on-premises food sales to total gross sales was 16% for the license year 2008. 6. Therefore, because of the percentage of total sales derived from the sale of food, the license application does not meet the requirements for any class of license available for restaurants under Brooklyn Center City Code. 1 RESOLUTION NO. 2008-145 ORDER ON THE BASIS OF THE FOREGOING, IT IS ORDERED: That the liquor license application from Rich Ventures, Inc. for the Boulevard's Bar & Grill at 2545 County Road 10, in the City of Brooklyn Center, is denied. By Order of the City Council of the City of Brooklyn Center this 8d' day of December, 2008. December 8. 2008 1 Date y Mayor ATTEST: ~~Z "U y l 41'MADIM City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kay Lasman and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. 1