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Tian Jin On-Sale Beer & Wine License 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 3 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Karen Engelhardt, Office Manager DATE: D~ May 10, 2010 SUBJ: Request for On-Sale Beer & Wine License, Fusion One, LLC dba TianJin Chinese Restaurant, 463 West 79th Street, Hong Chen PROPOSED MOTION: "The City Council approves the request for an on-sale beer and wine license from Fusion One, LLC dba TianJin Chinese Restaurant at 463 West 79th Street contingent upon receipt of liquor liability insurance and the license fee." Approval of this license requires a simple majority vote of the City Council. BACKGROUND The city has received an application from Fusion One, LLC for an on-sale beer and wine license for use at TianJin Chinese Restaurant at 463 West 79th Street. This restaurant leases space from Mike Ramsey Properties, 6362 Oxbow Bend, Chanhassen. BUSINESS OWNERSHIP Fusion One, LLC has only one corporate officer, Hong Chen. Law Enforcement conducted a background investigation (including criminal history, driving records, outstanding warrants, financial, and references) on Ms. Chen and found no negative comments as to her eligibility for a liquor license. BUSINESS OPERATIONS TianJin has operated at this location since June of 2008. It is a full service Chinese restaurant with a lunch buffet. Liquor will be served in the main dining room that seats 78 and on an outdoor patio. PUBLIC HEARING The City Council will hold a public hearing on the applicant's request at Monday night's meeting. A public hearing notice was published in the Chanhassen Villager and sent to all property owners within 500 feet of the site Chanhassen is a Community for Life. Providing for Today and Planning for Tomorrow Mr. Todd Gerhardt May 10,2010 Page 2 (see attached list). As of the date of this writing, staff has not received any comments from the public. RECOMMENDA TION Staff recommends that the City Council approve the request for an on-sale beer and wine license from Fusion One, Inc. dba TianJin Chinese Restaurant at 463 West 79th Street, contingent upon receipt of liquor liability insurance and the license fee. ATTACHMENTS 1. Location Map 2. Application 3. Public Hearing Notice 4. Property Owners List within 500 Feet of the Restaurant LOCA TION MAP TIANJIN CHINESE RESTAURANT 463 WEST 79TH STREET '" ~i)~~ ~ .......~ Minnesota Department of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar St., Suite 133, S1. Paul, MN 55101-5133 (651) 201-7507 FAX (651) 297-5259 TIY (651) 282-6555 WWW.DPS.STATE.MN.US APPLICATION FOR COUNTY/CITY ON-SALE WINE LICENSE (Not to exceed 14% of alcohol by volume) EVERY QUESTION MUST BE ANSWERED. If a corporation, an officer shall execute this application. If a partnership, LLC, a partner shall execute this application. L~~' iWu.Jd 13 621J; p9?J I Workers compensation insurance company. Name . Policy# V LICENSEE'S MN SALES & USE TAX ill # 'Y - ,ly'7 I To apply for MN Sales Tax # call (651) 296-6181 LICENSEE'S FEDERAL TAX ill # I cl 7">;, Applicants Name (Business, Partnership, Corporation) f~~ ,f.,LC Business Address Lll""t" Lrh'3 [,.J '7 ,K, 7'\ City ~ Trade Name or DBA ---- -;-. A/V\ J "' IA. iness ~one 1-)) 1 ~4 It/ll f'f -. --n ~-_._~ ~l~ Applicant's Home Phone (fJr t)~ ~ ~-s-"f County c~ State pvl'1V Zip Code ..!->--SJ If a transfer, give name of former owner License period From To If a co oration, . ve name, title, address and date of birth of each officer. If a Partner/Officer N~e and title .{tt; C1~ Partner/Officer Name and Title Address DOB 67/~/frlJ DOB Partner/Officer Name and Title Address Social Security # DOB Partner/Officer Name and Title Address Social Security # DOB _...,.,,~.~.. .... CORPORATIONS State of inr;::;Nn Is,corporation authorized to do business in Minnesota? Yes DNo If a subsidiary of another corporation, give name and address of parent corporation Are Property Taxes delinquent? DYes 0 s:r '7 Name of building owner VV\; l u Hour's food wiU be available \tv...... J, Describe tbe premises to be licensed f~ ~LJL/~~--r l . Will food service be the principle business? Yes 0 No If the restaurant is in conjunction with another business (resort etc.), describe business NO LICENSE WILL BE APPROVED OR RELEASED UNTIL THE $20 RETAILER ID CARD FEE IS RECEIVED BY AGED MAR 3 0 2010 CITY OF CHANHASSEN OTHER INFORMATION J(Yes -jlNo 1. Has the applicant or associates been granted an on-sale non-intoxicating malt beverage (3.2) and/or a "set-up" license in conjunction with this wine license? DYes ~o 2. Is the applicant or any of the associates in this application a member of the county board or the city council, which will issue this license? If yes, in what capacity? . (If the applicant is the spouse of a member of the governing body, or another family relationship exists, the member shall not vote on this application.) DYes .;xrNo 3. During the past license year, has a summons been issued under the liquor civil liability (Dram Shop) (M.s. 340A.802). If yes, attach a copy of the summons. DYes ~o 4. Has applicant, partners, officers or em ployees ever had any liquor law violations in Minnesota or elsewhere. If so, give names, dates, violations and final outcome. DYes ~o 5. Does any person other than the applicants, have any right, title or interest in the furniture, fixtures or equipm ent in the licensed premises? If yes, give names and details.. DYes ;x(No 6. Have the applicants any interests, directly or indirectly, in any other liquor establishments in Minnesota? If yes, give name and address of the establishment I CERTIFY THAT I HAVE READ THE ABOVE QUESTIONS A NDTHATTHEANSW 7/ARETRUEANDCORRECTTOTHE BEST OF MY OWN KNOWLEDGE f\ ~-, Siunature of ADDlicant ""'Jl "l . ." - _____. The licensee must have one of the following: (Check one) -q xA. Liquor Liability Insurance (Dram Shop) $50,000 per person; $100,000 more than one person; $10,000 property destruction; .. $50,000 and $100,000 for loss of means of support. ATTACH "CERTIFICATE OF INSURANCE" TO THIS FORM. DB. A Surety bond from a surety company with minimum coverage as specified above in A. DC. A certificate from the State Treasurer that the Licensee has deposited with the State, Trust Funds having a m arket value of $100,000 or $100,000 in cash or securities. IF LICENSE IS ISSUED BY THE COUNTY BOARD, REPORT OF COUNTY AITORNEY DYes DNo I certify that to the best of my knowledge the applicants named above are eligible to be licensed. Ifno, state reason. Signature County Attorney CoUnty Date REPORT BY POLICE OR SHERIFF'S DEPARTMENT This is to certify that the applicant and the associates, named herein have not been convicted within the past five years for any violation of Laws ofthe State of Minnesota, Municipal or County Ordinances relating to Intoxicating Liquor, except as follows: Signature Department and Title Date IMPORTANT NOTICE ALL RETAIL LIQUOR LICENSEES MUST REGISTER WITH THE ALCOHOL, TOBACCO TAX AND TRADE BUREAU. FOR INFORMATION CALL (513) 684-2979 OR 1-800-937-8864 NOTICE A $30.00 service charge will be added to all dishonored checks. You may also be subjected to a civil penalty of$100.00 or 100% ofthe value ofthe check, whichever is greater, plus interest and attorney fees. CITY OF CHANHASSEN AFFIDA VIT 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 April 29, 2010, 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 an on-sale beer and wine license to Fusion One, LLC, dba TianJin Chinese Restaurant 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 f Minnesota, and by other appropriate records. Subscribed and sworn to before me this _ day of , 2010. Notary Public CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING REQUEST FOR AN ON-SALE BEER & WINE LICENSE FUSION ONE, LLC, dba TIANJIN CHINESE RESTAURANT NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, May 10,2010 at 7:00 p.m. in the Council Chambers at 7700 Market Boulevard, to consider issuing an on-sale beer and wine license to Fusion One, LLC, dba TianJin Chinese Restaurant, located at 463 West 79th Street. 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. Todd Gerhardt, City Manager Phone: 952-227-1100 (Published in the Chanhassen Villager on April 29, 2010) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING REQUEST FOR AN ON-SALE BEER & WINE LICENSE FUSION ONE, LLC, dba TIANJIN CHINESE RESTAURANT NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, May 10, 2010 at 7:00 p.m. in the Council Chambers at 7700 Market Boulevard, to consider issuing an on-sale beer and wine license to Fusion One, LLC, dba TianJin Chinese Restaurant, located at 463 West 79th Street. 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. Todd Gerhardt, City Manager Phone: 952-227-1100 (Published in the Chanhassen Villager on April 29, 2010) 79TH STREET CENTER PARTNERSHIP 80 78TH ST W #131 CHANHASSEN MN 55317-8719 BLOOMBERG COMPANIES INC PO BOX 730 CHANHASSEN MN 55317-0730 CAMELOT CONV&QUALlTY FUEL&FOOD 7905 GREAT PLAINS BLVD CHANHASSEN MN 55317-9764 DBAPPLEF LLC 11201 RENNER BLVD LENEXA KS 66219-9605 KINSALE OF CHANHASSEN LLC PO BOX 404 CHANHASSEN MN 55317-0404 SORENSEN PROPERTIES LLC 12625 58TH ST MAYER MN 55360-9615 VIRGINIA S THOMAS FAMILY LP 6345 VIRGINIA DR EXCELSIOR MN 55331-7701 B 4 0 LLC 555 3RD AVE NW HUTCHINSON MN 55350-1673 BLUE CIRCLE INVESTMENT CO 1304 MEDICINE LAKE DR #301 PLYMOUTH MN 55441-4853 CHANHASSENINN 531 W 79TH ST CHANHASSEN MN 55317-5317 DRF CHANHASSEN MEDICAL BLDG 7101 78TH ST W #100 MINNEAPOLIS MN 55439-2527 MICHAEL E RAMSEY 6362 OXBOW BND CHANHASSEN MN 55317-9109 VALVOLlNE INSTANT OIL CHANGE PO BOX 14000 LEXINGTON KY 40512-4000 VOP I LLC PO BOX 404 CHANHASSEN MN 55317-0404 BAM PROPERTY HOLDINGS LLC 440 79TH ST W CHANHASSEN MN 55317-9530 BROWN PROPERTIES LLC 1831 KOEHNEN CrR W EXCELSIOR MN 55331-9051 CHCR LLC PO BOX 1038 MASON CITY IA 50402-1038 HOLIDAY STATION STORES INC PO BOX 1224 MINNEAPOLIS MN 55440-1224 SILO BUILDING LLC 3561 44TH ST W MINNEAPOLIS MN 55410-1359 VILLAGES ON THE PONDS ASSN INC PO BOX 404 CHANHASSEN MN 55317-0404 FUSION ONE, LLC 463 WEST 79TH STREET CHANHASSEN, MN 55317