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CR 99-185 Wine & Strong Beer License for Boston Garden Restaurant September 29, 1999 Council Report 99-185 WINE AND STRONG BEER LICENSE FOR BOSTON GARDEN RESTAURANT Staff recommends approval of the following motion: Move to approve a Wine and Stronc Beer License for Boston Garden Restaurant, 1023 Mainstreet conditioned upon receiving their certificate of insurance showinc Iiauor liabilitv and compliance with all other Citv Ordinances. This action will allow Boston Garden Restaurant to sell wine, 3.2 beer and strong beer in conjunction with the sale of food. Overview The applicant, Atra, Inc., owned by Feroz Kerawala, is purchasing the Boston Garden Restaurant. The closing will take place when the wine license is issued. Two items have not been completed on the application. The certificate of insurance has not been received and the Fire Marshall has not signed off on the application. Primary Issues to Consider · City Ordinance requirements · Other locations with wine and strong beer · Police investigation · License fee SUPDortina Documents · Complete application is available at the City Clerk's office. . Council Report 99-185 Page 2 Primary Issues to Consider · City Ordinance requirements 1200.07 On-Sale wine licenses. Subdivision 1. On-sale wine licenses shall be issued only to restaurants meeting the qualifications of Minnesota Statutes Section 340A.404. Subdivision 5, and shall permit only the sale of wine not exceeding 14 percent alcohol by volume, for consumption on the licensed premises only, in conjunction with the sale of food. Subd. 2 The holder of an on-sale wine license who is also licensed to sell 3.2 percent malt liquors at on-sale and whose gross receipts are at least 60 percent attributable to the sale of food, may sell intoxicating malt liquors at on-sale without an additional license. Fire Code requires compliance. At the time of the writing of this report, the Fire Marshal has not had an opportunity to do an inspection. The inspection will be done on Friday, October 1 st, At that time it will be known if there are orders for compliance. · Other locations with wine and strong beer licenses Other businesses that have wine and strong beer licenses are Jack Yees, China Royal Restaurant and. · Police investigation The Hopkins Police Department has reviewed the application and has found no reason to deny the license. · Fees The fees for the license are as follows: Prorated wine license Prorated 3.2 beer license fee Investigation fee Restaurant, $200. $150. $500. $210. $1060. Total This represents one quarter, prorated on the beer and wine as per City Ordinance. . Council Report 99-185 Page 3 1200.25. Pavment. Each application for a license shall be accompanied by payment in full of the license fee and the investigation fee. Each license shall be issued for a period of one year except that if the application is made during the license year, then the license fee shall be one-fourth of the fee for each three months or part thereof for the remainder ofthe license year. Alternatives 1. Approve the application 2. Deny the application 3. Continue for more information Staff recommends alternative one.