DISCLAIMER

PURCHASING AND LICENSING COMMITTEE


08-0381R

 

RESOLUTION DENYING THE PERMANENT EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF J&J MILLER, INC. (COPASETIC LOUNGE), 323 EAST CENTRAL ENTRANCE.

CITY PROPOSAL:

     BE IT RESOLVED, that the city council of the city of Duluth hereby denies the permanent expansion of the designated serving area of the following on sale intoxicating liquor license for the period ending August 31, 2008.

           J&J Miller, Inc. (Copasetic Lounge), 322 East Central Entrance.


AGTC/CLERK


Alcohol, gambling and tobacco commission discussion: Charles Flaig was present on behalf of the application. Mr. Flaig explained that they would like to license the front patio area that faces Central Entrance as part of their serving area. He continued explaining that the bar sits on a large cement slab 52 feet wide with the front 24 feet of the slab extending out from the building which would be used as the patio. Mr. Flaig also stated that there is a retaining planter wall that is 32 inches tall that would be at the front edge of the patio and they would use roping on the sides of the patio. To questioning from the commission, Mr. Flaig replied that they would anticipate have wait staff serve the drinks to the patio to help enable monitoring the area. Mr. Flaig also stated they have a very limited food menu so food would unlikely be served there. Assistant City Attorney Lutterman suggested this application be tabled and voiced concern that this patio would be in the street easement, and that a survey would need to be done by the applicant to ensure there is no overlapping. Mr. Flaig stated he was unaware of the easement issue, but that he would make sure he contacted Building Safety to see if there is a blueprint of the where the building sits on the lot. The commission stated that an applicant should have the necessary information from the city clerk’s office that is needed to have a complete application before they come to the AGTC so the commission doesn’t have to consider tabling an application until all departmental approvals are met. Mr. Serre moved to table the application and it failed upon a vote of 2-3. Mr. Karki stated getting approval from Building Safety would be included in the resolutions’ department approval section. Ms. Lutterman stated that the city council is considering an ordinance that would make changes to the outside drinking areas so this application may be tabled by the council. There being no further discussion, Mr. Hanson moved THAT THE APPLICATION OF J&J MILLER, INC. (COPASETIC LOUNGE), 322 EAST CENTRAL ENTRANCE, FOR PERMANENT EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE FOR THE PERIOD ENDING AUGUST 31, 2008, BE APPROVED, SUBJECT TO APPROVAL OF THE BUILDING OFFICIAL AND THE SAME BE RECOMMENDED TO THE CITY COUNCIL FOR APPROVAL. Mr. Karki seconded the motion and it was unanimously approved.