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• MEMORANDUM DATE: 11/14/01 MEETING DATE: 11/20/01 TO: Planning Commission Members FROM: Susan Henry, Assistant City Manager SUBJECT: The Village Blend, 2900 Pentagon Drive, Conditional Use Permit Requested Action: The applicant, Village Blend LLC, wishes to obtain a conditional use permit for the sale of beverages for consumption on the premises and a restaurant located less than 250 feet from a residential district. The applicant plans to occupy the former Hennepin County Library space in the St. Anthony Shopping Center, located at 2900 Pentagon Drive. Background: Village Blend's request* is two-pronged: to sell beverages for consumption, including wine, on the premises; in addition, it is located within 250 feet of a residential district. According to the City Ordinance, the stated uses are allowed with a permitted conditional use permit in the Commercial zoning district. In addition, the applicant will need to obtain an on-sale wine license from the City Council. According to City Ordinance, in order to serve wine and get an on-sale wine license, the establishment must be considered a "restaurant." The City Ordinance states a restaurant should accommodate seating for 50 persons while the State Statute says seating should be for 30 persons, thus the applicant meets the condition on seating. In order to serve wine, another requirement is the establishment must regularly serve meals that are prepared on the premises. According to the application, the Village Blend plans to offer a light menu. The applicant states that from 6:00 a.m. until closing, a limited menu will include pastries, sandwiches, and desserts. One question the City Attorney asked of the Village Blend Cafes' request is to the definition of a restaurant and the offerings on the menu in the context of serving wine. Would a light menu be considered a meal? What constitutes a meal? In a recent case (Clay Montella vs. City Ottertail), it was determined that preparing and serving coffee and dessert does not constitute preparing and serving a meal. The. conclusion was reached because the word meal refers to a group of food items that include a main course, and frequently includes a beverage, dessert, and other food items. Coffee and dessert are commonly parts of a meal, but they are not commonly considered to be a meal by themselves. Since Village Blend Cafe plans to serve sandwiches and pastries, perhaps that is enough to constitute a meal. In addition to wine, other beverages to be offered at the Village Blend Cafe include coffee and smoothies. Staff Recommendation: Overall, the Village Blend Cafe concept fits with the City Ordinance, with the exception • of the sale of wine. Consensus should be met on the City Ordinance definition of a restaurant in context of the on-sale wine license.