File #: 21-203    Version: 1 Name:
Type: Information/Discussion Item Status: Agenda Ready
File created: 3/29/2021 In control: City Council
On agenda: 4/6/2021 Final action:
Title: Public Hearing for Liquor License for Braveheart LLC, DBA Froggy Bottoms - 307 Water Street South.
Attachments: 1. 1- Braveheart LLC Liquor License Investigative Report, 2. 2- Ex. A Alibi Drinkery - TRO dated 121820, 3. 3- Ex. B Zarza Aff, 4. 4- Ex. C Alibi Drinkery - Temporary Injunction date 122920, 5. 5- Ex. D First Inv. Siliciano Aff, 6. 6- Ex. E Second Inv. Siliciano Aff, 7. 7- Ex. F Inv. Ellis Aff, 8. 8- Ex. G Alibi Drinkery - Order for Contempt dated 010721, 9. 9- Ex. H AGE Alibi - Notice of 5 yr Revocation 12-31-20, 10. 10- Ex. I Letter.AdditionalInformation.03122021, 11. 11- Ex. J Alibi Revocation Upheld OAH Recommendation on Cross-Motions for Summary Disposition, 12. 12- Public Hearing Notice.braveheart, 13. 13- 307WaterSt_350 map

City Council Meeting Date:  April 6, 2021

                                                                

To:                        Mayor and City Council

                     City Administrator

                     

From:  Lynette Peterson, City Clerk

                      Mark Elliott, Chief of Police

 

Subject: 

TITLE

Public Hearing for Liquor License for Braveheart LLC, DBA Froggy Bottoms - 307 Water Street South.

BODY

Action Requested:                     

The Northfield City Council is being asked to hold a public hearing for On Sale Liquor License and Sunday Liquor License for Braveheart LLC, DBA Froggy Bottoms, located at 307 Water Street South, Northfield. 

 

Per the procedures included in the staff report, there will need to be a motion to close the public hearing at its conclusion.

 

Summary Report:

During the liquor license renewal process in 2021, Heart of the Lion LLP dba Alibi at Froggy Bottoms, submitted a license renewal with inconsistencies in ownership status.  In working with the owner Lisa Zarza, a new ownership structure was conveyed and a new liquor license was applied for.  Since a new corporate ownership is in place for the premises, a public hearing is being held as outlined in City Code.  Braveheart LLC dba Froggy Bottoms has applied for an On Sale Liquor License and Sunday Liquor License.  A liquor license investigative report (Attachment 1) from the police department is attached.  Consideration of approval of the liquor license is scheduled following the public hearing.

 

Public hearing notices were mailed to property owners within 350’ of 307 Water Street South on March 26, 2021.  A copy of the public hearing notice (attachment 12) and map (attachment 13) are attached.  The public hearing notice was also published in the Northfield News on Wednesday, March 31, 2021.

 

The following is the procedure of the public hearing per the City Council’s adopted Rules of Business:

 

Public Hearing Procedure:

A Public Hearing is used by the City Council to solicit the public's comments on various projects or City operation procedures.

 

A. The Chair (Mayor Pownell) will open the hearing by identifying the subject.

 

B. Staff Presentation - staff (City Clerk Peterson and Police Chief Elliott) will give a presentation on the subject.

 

C. Applicant's Presentation- if needed.

 

D. Public Input - The public will have the opportunity to speak for or against the issue. The public may ask questions, make comments, voice support, agree or disagree with the issue.

 

1. The Chair will recognize a speaker at the podium and comments/conversation will be between the Chair and speaker; and between the Chair and Council Members.

 

2. At the podium the speaker must give their name, address, and if representing a business, must give the name of the business or corporation. If an Attorney or consultant is representing a client, the client must be identified for the record.

 

3. Speakers will be allowed to speak a maximum of two (2) minutes per item (not including interpreter’s time).

 

4. Speakers who have material to be handed out to the City Council Members will pass the material to the City Administrator. The City Administrator will then pass the information to the appropriate people. A minimum of twelve (12) copies are needed.

 

E. Questions or Clarifications from City Council - After the public input of the public hearing is completed, the City Council may request questions or clarifications prior to closing the public hearing. This section will be used when there are questions related to the topic on which the public hearing is being held. Questions should be succinct and avoid being rhetorical or leading in nature. Subsequent actions of the City Council provide for opportunities for further questions or clarifications from the City Council.

 

F. Any material to be entered into the record shall be noted. Any written communication presented to the City Council during a City Council meeting shall be read into the record or summarized for the record or simply delivered to the City Council, as the City Council may determine. They shall then be recorded in the minutes by title and filed with the minutes in the office of the City Clerk.

 

G. Motion to Close Hearing- The Chair will state if there is an extension of time for public input into the hearing. If not, the City Council will make a motion, second, and vote on closing the public hearing.

 

City Clerk Peterson and Police Chief Elliot will be giving the presentation for staff.  The relevant background materials and information to this item are included in the agenda item immediately following the public hearing to consider action on the license application.  There will not be a separate staff presentation for that agenda item and there will not be separate testimony for that for the applicant or public at that time.

 

Alternative Options:

None

 

Financial Impacts:                     

None.    

 

Tentative Timelines:                     

The next agenda item relates to consideration of this license request.

 

If approved, license applications will be sent to the Department of Public Safety, Alcohol & Gambling Enforcement Division (DPS-AGE) for consideration. The licenses will be effective upon approval from DPS-AGE, submission of all final documents and premises meeting with staff.