DISCLAIMER

 

07-0138R


RESOLUTION ISSUING AN ON SALE 3.2 PERCENT MALT LIQUOR LICENSE AND APPROVING ISSUANCE OF AN ON SALE WINE LICENSE TO ROSE GARDEN ENTERPRISES, LLC (VALENTINI’S VICINO LAGO), 1400 LONDON ROAD.

BY COUNCILOR KRAUSE:

     BE IT RESOLVED, that the city council of the city of Duluth hereby issues the following on sale 3.2 percent malt liquor license for the period beginning July 1, 2007, and ending April 30, 2008, and approves issuance of an on sale wine license for the period beginning July 1, 2007, and ending August 31, 2007, subject to departmental approvals, the payment of sales and property taxes, and further subject to approval of the liquor control commissioner:

           Rose Garden Enterprises, LLC (Valentini’s Vicino Lago), 1400 London Road, with Carol Valentini, 50 percent stockholder, and Sonja Baertsch, 50 percent stockholder.


Alcohol, gambling and tobacco commission discussion of 2/7/2007: Carol Valentini was present on behalf of the application. Ms. Valentini explained that she would like to open restaurant at a new location that is currently being remodeled and hoped to be open during the summer of 2007. She continued saying that while food is the primary focus of the restaurant, she would like to be able to serve beer and wine with the dinners. To questioning from the commission, Ms. Valentini replied that her family owns a restaurant business in Chisholm where she has worked, and they will be conducting server training in April for herself and all the employees at this new location. Officer Latour stated that the police department recommends this application for approval.


Ms. Lutterman reviewed that this proposed restaurant is next to Leif Erikson Park, and a question had been raised with regards to the city’s Charter restriction on liquor licenses within 400 feet of a park. Ms. Lutterman went on to say that the attorney’s office had city council proceedings researched along with title records and found the original documents by which the city obtained this land, and found that the use of the land isn’t sufficiently restricted to be considered a park for purposes of the Charter. She stated that parks are one of the purposes authorized when the city obtained the land but it isn’t limited to park purposes. Ms. Lutterman stated that all of this documentation and council records and proceedings were reviewed by the attorney’s office, and the city attorney has opined that the land within 400 feet of the location of the proposed restaurant is not sufficiently restricted as a park to be in violation of the City Charter.


To questioning from the commission as how this would apply to other liquor applications near park property, Ms. Lutterman replied that each application would be dependent upon how the land was deeded to the city and what restrictions the council placed on the land.


There being no further discussion, Mr. Serre moved that THE APPLICATION OF ROSE GARDEN ENTERPRISES, LLC (VALENTINI’S VICINO LAGO), 1400 LONDON ROAD, FOR AN ON SALE 3.2 PERCENT MALT LIQUOR LICENSE AND ON SALE WINE LICENSE FOR THE PERIODS BEGINNING MAY 1, 2007, AND ENDING APRIL 30, 2008, AND AUGUST 31, 2007, RESPECTIVELY, WITH CAROL VALENTINI, 50 PERCENT STOCKHOLDER, AND SONJA BAERTSCH, 50 PERCENT STOCKHOLDER, BE APPROVED, AND THE SAME BE RECOMMENDED TO THE CITY COUNCIL FOR APPROVAL. Mr. Karki seconded the motion and it was unanimously approved.