10-14-2015 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL OCTOBER 14, 2015 REQUEST TO AMEND CODE TO ADD ON -SALE LIQUOR LICENSE - EL SOMBRERO MEXICAN RESTAURANT The City Clerk reported that the owners of El Sombrero Mexican Restaurant, currently remodeling to locate in the Market Place Shopping Center, have requested that the City amend its Code to add an On -Sale Liquor License. The Clerk reviewed her October 8th report which outlines the various On -Sale Liquor Licenses in the Code and the specific limits and conditions for each. The Clerk noted the City has the authority under State Statute to amend its Code and add On -Sale Licenses. She also noted that there is no State limit as to the number of On -Sale Restaurant Licenses that the City can have. The Clerk indicated that if the Council wishes to consider the request of El Sombrero Mexican Restaurant, it would be staff's recommendation that an On -Sale Restaurant Liquor License be added with specific conditions. If an On -Sale Liquor License were added, there would be nothing to prevent El Sombrero from converting the business to a bar. The Clerk noted in the past the Council has expressed concern relative to the addition of more bars in the City. The Clerk reviewed the current Code conditions tied to an On -Sale Restaurant License. She indicated it was staffs recommendation that these conditions be modified to eliminate the initial investment requirement, add a standard requiring a full service kitchen and that food service be required during all business hours when intoxicating liquor is sold, served, or consumed, and prohibiting a 2 A.M. License in conjunction with the On -Sale Restaurant License. The Clerk also reported that in the event that the Council did not support the requested Code amendment, El Sombrero has made application for an On -Sale Wine License and an On -Sale 3.2 Intoxicating Liquor License. The City has no limitations on the number of these licenses. The City Administrator reported that the initial investment requirements to qualify for an On -Sale Restaurant License were added to the Code in an effort to attract on upscale restaurant to Little Canada. The Administrator reported that this requirement has never worked, and pointed out that it was changed in order to qualify The Porterhouse for a liquor license. The concern at the time was that the City did not want to attract another bar, but rather a restaurant. The Administrator felt that given the addition of the requirement that alcohol could only be served in conjunction with food service as well as the required percentage of food to alcohol sales, eliminating the initial investment requirements should not be a problem. Vivianna and Sebastian Leon, El Sombrero Mexican Restaurant, appeared before the Council reporting that they are involved in several Mexican restaurants around the country. Sebastian Leon indicated that it was their goal to start a small, upscale Mexican restaurant. Leon felt that this was a great opportunity that would bring people and revenue into the City. He 5