Title
Alcohol License, 4456 Marietta Street, LL875
Body
Prepared By:
Community Development
Recommendation: Approval, subject to receipt of survey showing compliance with all distance requirements.
Background:
The subject property is owned by Larry and Joan Evans and the business is owned and will be operated byTodd Kline and Susan Saar. The property is located on Marietta Street and is zoned CBD(Central Business District). The property has one side entrance located in the courtyard between Marietta Street and North Town Square and another entrance on Marietta Street. The property is surrounded by CBD zoned properties on the east, west and south sides of the property.
Mr. and Mrs. Cline are planning to open a restaurant and café at the above referenced location. This application is to allow alcohol sales at the above referenced restaurant. As such, they are applying for a beer, wine and Sunday Sales permit. Previous restaurants at this location have not included alcohol sales. This property has previously operated as two separate businesses. One portion of the building was approved for an alcohol license in 2015, but never received the license. The other portion of the building has not been approved for alcohol in the past.
The parcel address is 4456 Marietta Street and the business will be operating as one location. In the past this space has been know and 4456 and 4458 Marietta Street.
Fiscal Impact:
The property is currently developed as a restaurant. No increase in demand for public services and public infrastructure is anticipated by this request.
Analysis:
This application was advertised in the Marietta Daily Journal on February 23, 2018 and March 2, 2018 per the requirements of Section 3-113. Because the site has not previously been licensed for on premise consumption within the past year, the site has been posted. The property is an existing restaurant, and no taxes are currently due on the property. Mr. Cline and Ms. Saar completed an approved responsible alcohol sales and service training course on January 25, 2018.
Section 3-101 states that "Where the applicant is a corporation, whether publicly or privately held, any license for the sale of alcoholic beverages shall be applied for by, and shall be issued to, the corporation together with an agent who is a full time employee responsible for the sale of alcoholic beverages as prescribed in this chapter, on the premises applied for or on such premises in the county owned by the corporation." Mr. Cline and Ms. Saars will fill this role.
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Section 3-120 of the Code of Ordinances requires a certificate from a registered surveyor showing a scale drawing of the location of the proposed premises for a license for pouring wine and beer and the distance to the nearest school located within six hundred (600) feet, and to the nearest church or residence located within three hundred (300) feet, and to the nearest church, park, public building, library or by the most direct route of travel on the ground. A survey has not been received at the time of this writing, but will be required prior to license issuance.
Sec. 3-121 states that no license shall be granted to any applicant or remain held by any licensee or agent who does not qualify as one of the following: a citizen of the United States; a resident alien; or a legal alien for a period of at least one (1) year. The applicant has submitted an affidavit under the Systematic Alien Verification for Entitlements (SAVE) program.
Section 3-117 provides standards that govern issuance of licenses for the sale of alcoholic beverages, which include:
(1) Where there is evidence that, even though there is compliance with the minimum distances from schools and churches, the type and number of schools or number of churches in the vicinity causes minors to frequent the immediate area;
(2) Where there is evidence that the location or type of structure could create difficulty in police supervision;
(3) Where there is evidence that there are no licenses granted in the area or where there is evidence that the proposed area is adequately supplied with such licenses;
(4) Where there is evidence that a license for the location would be detrimental to the property values in the area;
(5) Where there is evidence that the license in the location would be detrimental to traffic conditions or that there is a lack of sufficient parking spaces for automobiles. Sufficient parking shall mean not less than one (1) parking space for each two hundred (200) square feet of gross floor area and otherwise in conformance with the zoning ordinance and regulations of the city. However, a licensee shall have sufficient parking on the premises so as to provide parking for his customers and so as to prevent parking on the streets or adjoining property.
(6) Where there is evidence that the licensee or the spouse is related to any distributor or wholesaler of malt beverages or employees thereof, within the first degree of consanguinity or affinity as computed according to the civil law, so that there might be special concessions granted licensee to give him a competitive advantage over others not similarly privileged;
(7) Where there is evidence that alcoholic beverages have been sold to intoxicated persons or to a minor;
(8) Where there is evidence that the conducting of the business creates a disturbance, congregation of intoxicated persons, congregation of minors, allows minors to purchase, drink or possess alcoholic beverage on the premises, or causes the police to answer complaints or make extra surveillance of the premises. More than three (3) minors without supervision of a parent or one authorized by a parent shall be prima facie a congregation of minors.
(9) In addition to the above and in determining whether or not any license applied for shall be granted, the following shall be considered in the public interest and welfare:
a. If the applicant is a previous holder of a license, the manner in which he conducted the business thereunder as to the necessity for unusual police observation and inspection in order to prevent the violation of any law, regulation or ordinance relating to such business.
b. The location for which the license is sought as to traffic congestion, general character of neighborhood and the effect such an establishment would have on the adjacent and surrounding property values.
c. The number of licenses already granted for similar businesses in the trading area of the place for which the license is sought.
Section 3-128 of the Code of Ordinances provides time limits for obtaining and using a license. The code notes that all fees for license issuance must be received within 30 days from the date of approval, and the business must open within 6 months of issuance of the license, unless the applicant appeal and be granted an extension by the governing body.
Section 3-126 of the Code of Ordinances provides requirements for all establishments with a pouring license. The section reads as follows:
"No pouring license shall be issued to, or held by, any applicant unless at least fifty (50) percent of the business by volume, when considering the total of sales from alcoholic beverages and food prepared to be consumed on the premises, shall be from the sale of prepared foods to be consumed on the premises.
(1) All establishments licensed to pour shall submit an annual audit showing the sales of alcoholic beverages and food prepared on the premises and nonalcoholic drinks to the city business license office no later than at the time of renewal for the coming license year.
(2) Authorized officials of the city may examine the records of applicants at any reasonable time to ascertain that the requirements of this section are met.
(3) The dining area or serving area of the applicant must have a minimum seating capacity of forty (40). The area historically known as 4456 and 4458 Marietta Street has a seating capacity of approximately 68.
The Code of Ordinances defines Premises as the definite closed or partitioned-in locality, whether room, shop, or building wherein alcoholic beverages are sold, and may include an attached patio or deck when:
(1) It is separated from the general public by a permanent wall, fence, hedge or similar approved device, and access to the patio or deck is limited only through the main premises;
(2) The location of the patio or deck does not encroach upon any sidewalk, right-of-way, or other common area customarily used for ingress, egress, pedestrian or vehicular traffic; and
(3) The location and plans shall first have been approved by the city building inspector and fire marshal.
Use of a patio or deck as a part of the premises shall be suspended or revoked when its use interferes with other uses in the vicinity, or becomes in any way a public nuisance.
Notwithstanding the foregoing, Premises shall include an outdoor dining area utilized as part of the operation of a sidewalk cafe. Open containers of alcoholic beverages shall only be transported into or out of outdoor dining areas by the licensee's working employees as part of their work duties.
This application includes the use of the outdoor patio area, subject to the regulations above.
Visuals: N/A
Recommendation: Staff recommends approval of this application.
Attachments: Application