HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 03/07/2011LIQUOR LICENSING AUTHORITY MINUTES
Regular Meeting - March 7, 2011
1:00 P.M.
Staff Liaison: Aimee Jensen
A regular meeting of the Liquor Licensing Authority was held on March 7, 2011 in Municipal Court,
215 North Mason. Judge Kathleen M. Lane presiding.
Staff in attendance: Bronwyn Scurlock, Assistant City Attorney
Aimee Jensen, Deputy City Clerk
Agenda Review
Deputy City Clerk Jensen stated that there are no changes to the agenda as presented.
Approval of Minutes
Judge Lane approved the minutes from February 7, 2011.
Hearing on a New Application from Preliterate & Legendary, Inc., for a
beer and wine license at The Old Firehouse Pub,
232 Walnut Street,
Judge Lane acknowledged and detailed exhibits previously submitted.
1) Max Scott, representative for Oedipus, Inc., and Nathan Myrick, representative for Preliterate
& Legendary, Inc., was swom. Mr. Scott gave a detailed description of the history of Oedipus,
Inc. Additional petitioning results and revised overall results were described.
Cross-examination:
Alan Dunton, 235 Linden Street, questioned Mr. Scott extensively.
Rosalee Watkins, 243 Jefferson Street, inquired if anyone approached her address. Mr. Scott stated her
address was not approached.
Marilyn Roberts, 229 Jefferson Street, asked if heraddress was approached. Mr. Scott stated her address
was approached and found no-one at home.
George Grossman, representative for Happy Lucky Tea, 236 Walnut Street, asked what information is
given to residences and businesses that are being petitioned for a liquor license application. Mr. Scott
explained their process.
March 7, 2011
Mr. Scott was excused.
2) Mr. Myrick stated in response to concerns from the neighborhood, that he will employ a
securityguard on Friday -and Saturdaynight to monitor the parking lot and his premises, he will
close the premises at
midnight and will close the patio at 10:00 p.m He stated there will be no pool tables, no live music, no
ladies nights, no lines out the door. Mr. Myrick stated that the premises is only 700 square feet and that
preliminary occupancy will be less than 49.
Cross examination:
Mr. Dunton questioned Mr. Myrick concerning his business plan. He stated he will not allow patrons
on the patio after 10:00 p.m
Richard Somerfeld, owner of Old Firehouse Books at 232 Walnut, asked if Mr. Myrick will be changing
the trade name to avoid with confusion with Mr. Somerfeld's business and location. Mr. Myrick stated
yes, that he will notify Deputy City Clerk Jensen of his trade name change.
Mitch Busteed, owner of 231 Jefferson Street, asked if Mr. Myrick had checked with the City's building
and zoning offices. Mr. Myrick stated he was informed that he would not need a building permit for
the changes he is proposing.
3) Parties -in -interest: Allen Dunton, 235 Linden Street, was sworn and explained petitions he
submitted to the Authority prior to the meeting. He detailed his petitioning
process and what information he provided individuals he petitioned. Mr.
Dunton indicated a number of concerns related to the proposed business.
Richard Cienfuegos, 237 Linden Street, was swom. He stated parking is an issue in this area.
Richard Sommerfeld, was swom. He stated their major concern with Mr. Myrick was the similar name.
Mr. Sommerfeld stated given the business model Mr. Myrick has, he is in favor of this application.
Mitch Busteed, owner of 231 Jefferson Street, was sworn. He stated he does not have an issue with the
business model as it is, but with the location.
Rosalee Watkins, 243 Jefferson Street, was sworn and stated the police have not been helpful in the past.
Douglas Yaeger, 242 Pine Street, was sworn. He stated he rents this location and that he enjoys living
in the downtown area. Mr. Yaeger stated the private parking in the back is barely able to handle the
current parking needs.
Wallace Walberg, 243 Jefferson Street, was swom. He stated he has had numerous problems with
inebriated patrons in the past.
March 7, 2011
4) On behalf of the applicant: Mr. Scott gave rebuttal information with respect to undue concentration
and petitioning procedures.
5) Judge Lane stated the sign posting was sufficient. She stated she is obligated to look at the
neighborhood as a whole, not just the immediate neighbors. Judge Lane emphasized that the
application is for a beer and wine license, not a tavern license so "undue concentration" is not
an issue to be considered.
Judge Lane adopted Resolution 2011-03 approving an application from Preliterate & Legendary, LLC
for a beer and wine license at the Old Firehouse Pub, 232 Walnut Street.
Adjournment
D.M.
Municipal Judge