Title
Alcohol License
Rooted Trading Company, LLC
4455 Marietta Street, LL875
Body
Prepared By:
Community Development
Recommendation: Approval
Background:
The subject property is owned by Jake and Ella Hardy and the business is owned and will be operated by Jake Hardy. The property is located on Marietta Street and is zoned CBD (Central Business District). The property has one side entrance located ion Broad Street, and the main 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. Hardy are planning to open market that will include the sale of prepackaged foods and beverages, merchandise and will provide access for food trucks at the above referenced location. This application is to allow alcohol sales at the above referenced business. As such, they are applying for a special permit for pouring wine and malt beverages and sale of package wine and malt beverages, as described in Section 3-34 of the Code of Ordinances. This location has not been previously approved for alcohol sales.
Analysis:
This application was advertised in the Marietta Daily Journal on March 6, 2020 and March 13, 2020 per the requirements of Section 3-113. Because the site has not previously been licensed for alcohol sales within the past year, the site has been posted. No taxes are currently due on the property. Mr. Hardy completed an approved responsible alcohol sales and service training course on March 4, 2020.
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. Hardy will fill this role.
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Section 3-74 states that The distance requirements set forth in Section 3-120 shall not apply to establishments licensed to sell or serve alcohol within an entertainment district as defined in this section. This property is located in the entertainment district.
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.
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