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Home My WebLink About15.F.2. On Sale and Sunday On Sale Intoxicating Liquor Licenses-RT Minneapolis Franchise, LLC dba Ruby Tuesday CITY OF SHAKOPEE 15: F: 1.... Memorandum TO: Mayor and City Council Mark McNeill, City Administrator CONSE~~~ I " .,. ~/~ I Judith s. Cox, City ClerkY \. . ..r" FROM: SUBJECT: On Sale and Sunday On Sale Intoxicating Liquor Licenses RT Minneapolis Franchise, LLC dba Ruby Tuesday DATE: March 30, 2005 INTRODUCTION: City Council is asked to consider applications ofRT Minneapolis Franchise, LLC dba Ruby Tuesday for on sale and Sunday on sale intoxicating liquor licenses, including outdoor dining. BACKGROUND: RT Minneapolis Franchise, LLC has made application for an on sale and Sunday on sale intoxicating liquor license for their new restaurant being constructed at 4135 Dean Lakes Boulevard. Included with their application is the building layout which depicts an outdoor dining area in which the applicant also desires to serve alcohol. The Board of Adjustment and Appeals has approved a Conditional Use Permit for a Class II restaurant with a seasonal outdoor dining area. Consistent with the recommendation of the Police Department, the CUP includes conditions relating to the outdoor dining area: the site plan shall be revised to only provide entrance to the outdoor dining area from the interior of the building, and 2) a decorative partition/fencing shall be constructed to separate the serving area from the general area of the parking lot. The applications are in order and evidence of insurance is on order. The Police Department has conducted the background investigation. The investigation has produced nothing that would prohibit the issuance of the licenses. Because this is a new restaurant under construction, the Building Department will be conducting a final inspection and issuing a Certificate of Occupancy upon completion of the building. The liquor licenses will not be released until the Certificate of Occupancy is issued. RECOMMENDED ACTION: Approve the applications and grant on sale and Sunday on sale intoxicating liquor licenses to RT Minneapolis Franchise, LLC, dba Ruby Tuesday, 4135 Dean Lakes Boulevard, including outdoor dining, conditioned upon a Certificate of Occupancy issued by the Building Department, evidence of liquor liability insurance, and compliance with the CUP conditions relating to outdoor dining. I:Liquor/rubytuesday " '. , .., RESOLUTION NO. PC05-027 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, GRANTING A CONDITIONAL USE PERMIT FOR A SEASONAL OUTDOOR DINING AREA IN THE HIGHWAY BUSINESS (BI) ZONE WHEREAS, RT Minneapolis, applicant and property owner, has filed an application dated January 18, 2005, for a Conditional Use Permit for a seasonal outdoor dining area as part of a Class IT restaurant under the provisions of Chapter 11 (Zoning) of the Shakopee City Code, Section 11.36 (Highway Business (B1) ZOne), Subd. 3. (Conditional Uses); and WHEREAS, this parcel is presently zoned Highway Business (B 1) Zone; and WHEREAS, the property upon which the request is being made is legally described as: Lot 5, Block 2, Dean Lakes Second Addition, Scott County, MN; and WHEREAS, notice was provided and on March 3, 2005, the Board of Adjustment and Appeals conducted a public hearing regarding this application, at which it heard from the Community Development Director and invited members of the public to comment. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT AND APPEALS OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the application for Conditional Use Permit No. PC05-027 is hereby GRANTED, subject to the following conditions: 1. Development ofthe site shall be generally consistent with the site plan received dated November 16,2004, except as specifically noted below. 2. The site plan shall be revised to only provide entrance to the outdoor dining area from the interior of the building. 3. A decorative partition/fencing shall be constructed to separate the serving area from the general area of the parking lot. 4. Development of the site shall comply with Resolution No. 6077, as well as the conditions specified in this document. 5. The site shall comply with the construction material requirements forthe site, at the time of building permit issuance, as specified in the Zoning Ordinance 6. All trash receptacles shall be fully enclosed, including a top, and shall be constructed of material similar to that used for the principal building. 7. On site lighting shall meet the requirements of Section 11.60 of the City Code and will be reviewed for compliance at the time of building permit application. 8. Signage for the site shall be addressed through the sign permit application process. Approval of the CUP does not grant any signage approval or variances. 9. Site landscaping shall meet the requirements of Section 11.60 of the City Code and will be reviewed for compliance at the time of building permit application. A landscape bond equal to 115% of the cost oflandscaping shall be required at the same time. 10. Shall comply with the design and performance standards required by the City Code. .: 11. The applicant shall be required to locate concrete bumper logs in any parking spaces adj acent to the intended sidewalk areas for the parking lot. The applicant shall be responsible for all costs and maintenance associated with said bumper logs. 12. All exiting shall meet the requirements of the International Building Code and International Fire Code. 13. The occupant load for the outdoor dining areas shall not exceed 15 square feet per occupant. 14. Additional outdoor lighting shall be provided for the outdoor dining areas that meet the satisfaction of the Shakopee Police Dept. The Shakopee Police Dept. shall provide written documentation of its satisfaction of the Community Development Department. Adopted by the Board of Adjustment and Appeals of the City of Shakopee, Minnesota, this 3rd day of March 2005. Chair ~~~ ATTEST: ~. #U/~/~~ COlmnunity Development Director CITY OF SHAKOPEE MEMO POLICE DEPARTMENT DATE: 2-4-05 TO: Julie Klima FROM: Cody Homer SUBJECT: Review of Case #05027 (Ruby Tuesday's) Upon review of the proposed Ruby Tuesday's Restaurant CUP, I would like to address one concern. It has been brought to my attention that Ruby Tuesday's will be having an outdoor patio where the staff can serve alcohol. I have contacted Savage, Eden Prairie, and Burnsville Police Department's to discuss this concern. All of the mentioned stated that they Ll1itially had some concerns but after these establishments that had patios where alcohol was served opened, there were no incidents of this occurrence. It is the Police Department's recommendation that Ruby Tuesday's patio is allowed to move forward, but with the following condition; a decorative partition separating the serving area and the general area of the parking lot. Some examples of this are the patios at Pablo's Restaurant in Shakopee, Spectator's Bar and Grill in Savage, and Axel's Bonfire Grill in Savage. This should provide a psychological deterrent to the passing of alcohol from the patio to the parking lot. If you have any questions please do not hesitate to contact me. .... ..' ,