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High Timbers Liquor License Request CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us 4- MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Karen Engelhardt, Office Manager May 7, 2007 ~ DATE: SUBJ: Request for On-Sale Intoxicating Liquor License, High Timbers Lounge, 591 West 78th Street, Applicant: High Timbers Lounge, LLC This office has received a request for an on-sale intoxicating liquor license from High Timbers Lounge, LLC. The Country Suites Hotel and High Timber Lounge property (591 West 78th Street) are in the process of being sold and this license request is from the prospective new owner. A closing is scheduled for Thursday, May 31, 2007. This property is zoned CBD (Central Business District) and on-sale intoxicating liquor sales are allowed in this district. The applicant intends to sell intoxicating liquor in the bar area and the meeting rooms. Patrons of the hotel would not be allowed to purchase a drink in the bar and carry it to their room, nor would alcohol be available through room service. The liquor license for this establishment is classified as an "exclusive liquor store" (or bar) because it does not have a restaurant and does not meet the definition of a hotel. State statute defines a hotel as "an establishment where food and lodging are regularly furnished to transients and which has a dining room serving the general public at tables and having facilities for seating at least 30 guests at one time." Law Enforcement has conducted background investigations, including criminal history, driving records, outstanding warrants on the officers of the corporation. These include Leo M. Sand, Earl B. Wing, and the operating manager Jeremy J. Hundt. No negative comments were found. A public hearing notice was published in the Chanhassen Villager and sent to all property owners within 500 feet of the site (see attached list). Staff received a letter from Jeffrey Robinson, the Chief Manager of the current owner of the High Timber Lounge stating that he has no objection to the issuance of the license, but wants to ensure that the current license will remain in effect until the closing is accomplished. RECOMMENDATION Staff recommends that the City Council approve the request for an on-sale intoxicating liquor license from High Timbers Lounge, LLC, contingent upon receipt of the license fee and liquor liability insurance that meets minimum state requirements. Approval of this license requires a simple majority vote of those City Council members present. A TT ACHMENTS 1. Public Hearing Notice and Affidavit of Mailing Notice to Property Owners within 500 feet. 2. Letter from Jeffrey Robinson, Chief Manager The City of Chanhassen · A growing community with clean lakes, quality schools, a channing downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on May 2, 2007, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for On-Sale Liquor License for High Timbers Lounge to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. 4Alr Subscribed and sworn to before me this _ day of , 2007. Notary Public g:\user\karen\liquor\high timbers lounge\affidavit.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING REQUEST FOR AN ON-SALE LIQUOR LICENSE HIGH TIMBERS LOUNGE, LLC dba HIGH TIMBERS LOUNGE 591 WEST 78111 STREET NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, May 14,2007 at 7:00 p.m. in the Council Chambers at 7700 Market Boulevard, to consider issuing an on-sale intoxicating liquor license to High Timbers Lounge, LLC dba High Timbers Lounge, 591 West 78th Street. This property is in the process of changing ownership. All interested persons may appear and express their opinions regarding this application at said time and place. Chanhassen City Code requires that all property owners within 500 feet of the site be notified in writing. If you have any questions, please feel free to contact City Hall. Karen Engelhardt, Office Manager Phone: 952-227-1104 (Published in the Chanhassen Villager on May 3, 2007) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING REQUEST FOR AN ON-SALE LIQUOR LICENSE HIGH TIMBERS LOUNGE, LLC dba HIGH TIMBERS LOUNGE 591 WEST 78TH STREET NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, May 14,2007 at 7:00 p.m. in the Council Chambers at 7700 Market Boulevard, to consider issuing an on-sale intoxicating liquor license to High Timbers Lounge, LLC dba High Timbers Lounge, 591 West 78th Street. This property is in the process of changing ownership. All interested persons may appear and express their opinions regarding this application at said time and place. Chanhassen City Code requires that all property owners within 500 feet of the site be notified in writing. If you have any questions, please feel free to contact City Hall. Karen Engelhardt, Office Manager Phone: 952-227-1104 (Published in the Chanhassen Villager on May 3, 2007) w .., ! ! --Chm-~-..-~ ~ rN18I1S1) W78tl Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes 9466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold hanrless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the use~s access or use of data provided. ! ! ~ ~ Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes 9466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the use~s access or use of data provided. CHANHASSEN MEDICAL ARTS II LLC 470 78TH ST W STE 260 CHANHASSEN . MN 55317 -4527 BLOOMBERG COMPANIES INC PO BOX 730 CHANHASSEN . MN 55317 -0730 NATIONAL LODGING COMPANIES INC C/O CHANHASSEN COUNTRY SUITES 591 78TH ST W PO BOX 1010 CHANHASSEN . MN 55317 -1010 CHANHASSEN SUITES LLC C/O CHANHASSEN COUNTRY SUITES 591 78TH ST W PO BOX 1010 CHANHASSEN . MN 55317 -1010 NEARCO IV LLC 7002 6TH ST N OAKDALE . MN 55128 -6146 CHANHASSEN PROPERTIES LLC 570 MARKET ST PO BOX 514 CHANHASSEN. MN 55317 -0514 MARKET SQUARE ASSOC LTD PTRSHP C/O AMCON CONSTRUCTION CO 1715 YANKEE DOODLE RD #200 EAGAN. MN 55121 -1698 KRAUS-ANDERSON INC 4210 WEST OLD SHAKO PEE RD BLOOMINGTON. MN 55437 -2951 RICHARD W STEINER JR PO BOX 4204 WHITEFISH. MT 59937 -4203 DEBRA LUCIENNE SCHROEDER 505 CHAN VW CHANHASSEN. MN 55317 -9488 JOHN M HAVLIK JR 513 CHAN VIEW CHANHASSEN. MN 55317 -9488 ARTHUR & DARLENE M KERBER 511 CHAN VIEW CHANHASSEN. MN 55317 -9488 DAVID & MEGAN L WOODS 509 CHAN VIEW CHANHASSEN . MN 55317 -9488 DEAN HARLAN WALLENTINE 507 CHAN VIEW CHANHASSEN . MN 55317 -9488 STATE BANK OF CHANHASSEN C/O KLEIN FINANCIAL INC 1550 AUDUBON RD CHASKA . MN 55318 -9508 CHANHASSEN RETAIL L TO PRTSHP C/O BROOKSTONE INC 810 LILAC DR N SUITE 212 ROBBINSDALE . MN 55422 -4673 TWO GREEKS AND A GEEK LLC 1318 SIBLEY MEMORIAL HWY MENDOTA. MN 55150 -1414 HIGH TIMBER LLC 300 1ST AVE N STE 340 MINNEAPOLIS. MN 55401 -1600 MARKET SQUARE ASSTS II LLC 470 78TH ST W STE 260 CHANHASSEN . MN 55317 -4547 Caoitallnvestments. Inc. Finance Investments Consulting TRiDENT May 8, 2007 Karen Engelhart Office Manager City of Chanhassen PO Box 147 Chanhassen, MN 55317 Re: Liquor License Application of High Timbers Lounge LLC Dear Karen, To follow up our telephone conversation of yesterday, with regard to the Request for the On-Sale Liquor License of High Timbers Lounge LLC, High Timber LLC has no objection to the approval of the liquor license, so long as the approval is prospective and would not go into effect unless and until there is a closing of the purchase of the High Timber Lounge property by an affiliate of the Applicant. The closing of the sale is scheduled to occur on May 31, 2007, but effective date of the Liquor License to High Timber Lounge LLC must await written confirmation to the City by High Timber, LLC that the sale of the property has been consummated. Thank you for your assistance in this matter. Please give me a call if you have any questions or need further information regarding this transaction. Regards, HIGH TIMBER, LLC Jeffrey A. Robinson Chief Manager 300 FIRST AVENUE NORTH, SUITE 340, MINNEAPOLIS, MN 55401 (612) 664-1400 / FAX: (612) 664-1403