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2. Request for On-Sale Beer and Wine License, Byerly'sf • CITY OF ? CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 Action by City Administrator Endompff fe"� Dwft MEMORANDUM TO: Don Ashworth, City Manager FROM: Karen Engelhardt, Office Manager DATE: June 3, 1996 Modifi ^" Rejectod j6 Deto Do Submitted to Commission ,bete submitted to Council & —io -96 SUBJ: Request for On -Sale Beer and Wine License, Byerly's, 800 West 78 Street Attached please find an application for an on -sale r and wine license for Byerly's restaurant. The restaurant contains approximately 2,580 sq. seats 190. Byerly's is requesting the license to accompany food sales in their casual estaurant. A public hearing notice was sent to all comments have been received by this i The Public Safety Department has history, driving records, and outsb .y s No negative comments were RECOMMENDATION 500 feet of the restaurant. No ground l owing estigations, including criminal on the officers /managers: applicants. ' Staff recommends that the city council approve request for an on -sale beer and wine license for Byerly's Restaurant conditioned upon receipt of the following documents: ' 1. A $5,000 surety bond; 2. A certificate of liquor liability insurance; 3. The license fee of $280. Minnesota Department ofPublic Safety LIQUOR CONTROL DIVISION 0 444 Cedar St, Suite 100 L, St. Purl, MN 55 10 1 -2 156 (612)296.6434 TTY (612)282.6555 1 APPLICATION FOR COUNTY /CITY ON - SALE WINE LICENSE (Not to oweed 14% of alcohol by volume) EVERY QUESTION MUST BE ANSWERED. Na coparation, an officer shall accome this application. If a partnership, a partner sda esehmte this appBoatien.PS 9114 -94) Wadm compensationinsonnoccompay. Name Self Insured Pow.# Permit #W -1150 LICENSEE'S SALES & USE TAX ID S 768557 N To apply for sales tax #, call 2966181 or 1- 80"57.3777 APp�aNa . Parm�rq>, Carparatiaa) Tr a c or DBA Bverlv's Inc. Byerly's Chanhassen BusmessAddress BusinessPheae Applicant'sHomePhone 7171 France Avenue South f612 )831 -3601 ( ) Edina + County State Zip Code I Hennepin MN 155435 Is this application If a transfer, give name of former on-ser License period N New era D Transfer I I From To Ira odparahou, 0vename, tole, address and date of birth of each officer. V8 vartnenhim Lave name, address mod date of birth of each vartner Partaa/Ofl'lar Name and title . Address DOB See attached list Partner/Of Goa Name and Title Address DOB Patner/Qfl'icar Name and Title Partner /QO'ioa Name and Title Address CORPORATIONS Dteafu atednonpartim Catifaa<eNtrrsbv 2 -10— Mnnesota 1U -738 Ifa8&ddi yofaoahercopartim, Ovensneandaddressafpamtoaportim BY Holding, 7171 France Avenue South, Edina, MN 55435 DOB DOB Is aorpartim athaizedto do busmen in Alinewta? )I Yes ONO BUILDING AND RESTAURANT Named'burldogamer OanMsaddras T.F. James Company 1p.0. Box 24137, Minneapolis, MN 55424 Am Frcpmyraasddirquat? - Huthe building o in maim. orndired, RetarratseaaseVed<y D Yes MNo wih the aoelisat? Q Yes D No 190 Hours foodwillbeaailabk No. ofpeTleoetauretatploya I sno thsperyyewretacat Wdafood savio ebethepriacple busnen? 6:00 a.m. -12:00 MID wo.6 Rat $ Yes O No D0. L ., . —*..., obelicamed Casual Dining ' Ifthere"uma is a eagmdim wih another busne*raat dc), daorbe burner Retail Grocery OTHER INFORMATION ' DYes I711e L llas the applicant err associates bees granted an on -sale am intoxicating malt beverage (32) and/or a "set -up" APPLI FOR license in comj unction with this wine license? DYes UNe 2. Is the applicant err any of the associates in this application a member of the county board or die city council , which kill issue this license? Ifyes, in what capacity? . (If the applicant is the spouse of a member of the governing body. or another family relationship Gists, the member shall not vote on this application.) ' DTes $No 3. During the past license year, has a summons been issued under the liquor civil liability(Dram Shop) (M.S. 340A.802). Ifyes, attach a copy of the ahmmons. 79D7.ICENSE WILL BE APPROVED OR RELEASED UNTIL THE S20 RETAILER ID CARD FEE IS RECEIVED BY MLG i D Yes 1$No 4. Has applicant, partners, otTars or employees ever had any liquor law violations in Minnesota or elsewhere. If so, give names, dates, violations and final outcome. ' IHYes 13 we S. Does an person other than the applicants, have right, title Y P aPP , any gh , ril or interest in the fwuitute, fixtures or equipment in the licensed premises? If yes, give names and details. See attached list ' DYes DNo 6. Have the applicants any interests, directly or indirectly, in any other liquor establishments in Minnesota? Ifyes, give name and address of the establishmentByerly_ Beverages. Incorporated. a wholly owned subsidiary of Byerly's, Inc. has five active locations. See attached 11i t. 1 I CM= THAT I HAVE READ THE ABOVE QUE ONS T THE ANSWERS ARE TRUE AND CORRECT TO THE BEST 10F MY OWN KNOV&MGE. Lt/ 4 -23 -96 Signature Plicant Douelas G. Clock Date The licensee muc have one of the following: Check me 3 A LiquorLiabilAy Insurance (Dram Shop) $50,000 per person; S 100,000 more than one person; S 10,000 property destruction; 550,000 and $100,000 for loss of means of support. ATTACH "CERTIFICATE OF INSURANCE" TO THIS FORM. D B_ A Surety bond from a surety company with minimum coverage as specified above in A. D C A certificate from the State Treasurer that the Licensee has deposited with the State, Trust Funds having a market value of S 100,000 or S 100,000 in cash or securities. IF LICENSE IS ISSUED BY THE COUNTY BOARD, REPORT OF COUNTY ATTORNEY I7Ys's DNo I certify that to the best of my knowledge the applicants named above are eligible to be licensed. If no, .sate reason. Signature County Attorney County Date REPORT BY POLICE OR SHERIFF'S DEPARTMENT TLis isto oatif - that the applicant and the associates, named herein have not been convicted within the past five years for any violation of Laws of1he State of Minnesota, Municipal or County. OrdinaaoesrCWing to Intoxicating Liquor, except as follows Sionature Title IMPORTANT NOTICE Department Name ALL RETAIL LIQUOR LICENSEES MUST HAVE A CURRENT FEDERAL SPECIAL OCCUPATIONAL STAMP. THIS STAMP IS ISSUED BY THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS. FOR INFORMATION, CALL (612)290 -3496 C B YERLY' S . INC. OFFICERS John Lewis Morrison Chairman 234 South Edgewood Avenue Wayzata, MN 55391 DOB: 4 -6 -45 Dale Thomas Riley President 5204 Duggan Plaza Edina, MN 55439 DOB: 10 -25 -49 Douglas Gene Clock Vice President - Chief Financial Officer Treasurer and Secretary 680 Fairmount Avenue St. Paul, MN 55105 DOB: 11 -6 -51 Keith Duane Kersten Vice President - Food Preparation 15117 Oakland Avenue Burnsville, MN 55306 DOB: 5 -17 -52 1 CITY OF CHANHASSEN ' CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING ' REQUEST FOR AN ON -SALE BEER AND WINE LICENSE BYERLY'S CHANHASSEN, 800 WEST 78TH STREET 1 NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, June 10, 1996 at 7:30 p.m. in the Council Chambers at 690 Coulter Drive, to ' consider issuing an on -sale beer and wine license to Byerly's Chanhassen to sell beer and wine in their restaurant at 800 West 78th 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. ' Karen J. Engelhardt Office Manager Phone: 937 -1900, ext. 104 t (Publish in the Chanhassen Villager on May 30, 1996) I 1 West Village Partners Dean Johnson Contruction Mithun Enterpr. Inc. P. O. Box 88 8984 Zachary Lane 900 Wayzata Blvd. Rosemount, MN 55068 Maple Grove, MN 55369 Wayzata, MN 55391 State Bank of Chanhassen 680 78th Street Chanhassen, MN 55317 Market Square Associates 3503 Maplewood Circle Excelsior, MN 55331 Eckankar Box 27300 New Hope, MN 55427 B.C. Burdick 426 Lake Street Excelsior, MN 55331 Dayton Hudson Corp. Dept. T -862 777 Nicollet Mall Mpls., MN 55402