2m. Approve Findings of Fact and Decision, Pauly's Bar Liquor License Transfer Requestr
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attorneys at Law
Th(lma� J. Camphell
Ro-ler N. KIIW <On
Thoma, M. Scut 6
Gary G. Fuc
Jame. R. Walton
Elliott B. Knet:ch
Eli_aheth A. Lun_er
Andrea Mchowell Poehler
December 21, 1993
Mr. Don Ashworth
Chanhassen City Hall
690 Coulter Drive, Box 147
Chanhassen, Minnesota 55317
i✓ �,,•,., �P� k ir� >�
RE: Findings of Fact and Decision
Pauly's Bar Application for a Liquor License Transfer
Dear Don:
Enclosed please find proposed Findings of Fact and Decision
concerning the application of Pauly's Bar and Restaurant for a
liquor license transfer from 401 West 78th Street to 410 West 78th
Street.
RNK:srn
Enclosure
1
Very truly yours,
BELL, KNU ON, SCOTT
& FUCH .A.
BY:
Roger N. Knutson
RREI ID
j`^ 7 13 1Q93
a m,
(612) 452-5' 0
Fax (612) 452 -5550
'Suit. ? : Ea_•andale Office Center • 138 Corporate Center Curse • Earan, MN 53121
IN RE:
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
Application of Pauly's Bar
and Restaurant for a Liquor
License Transfer from 401
West 78th Street to 410 West
78th Street.
FINDINGS OF FACT
DECISION
On December 13,1993, the Chanhassen City Council met at Its regularly
' scheduled meeting to consider the application of Pauly's Bar and Restaurant
for a Liquor License Transfer from its present location at 401 West 78th
Street to its proposed location at 410 West 78th Street. The City Council
' conducted a public hearing on the application preceded by notice _to
property owners within 500 feet of the proposed site. The City Council
' heard testimony from all interested parties wishing to speak at the meeting
and now makes the following Findings of Fact and Decision:
' FINDINGS OF FACT
1. For transfer of an intoxicating liquor license, section 10 -111 of the
' Chanhassen City Code provides:
(a) Each intoxicating liquor license shall be issued only to the
' applicant and for the premises described In the application. No
license shall be transferred to another person, or place without
city council approval.
' (b) No license shall be effective beyond the premises named in
the license for which it was granted.
' 2. Section 10 -108 of the Chanhassen City Code provides that upon
receipt of an application for transfer of a liquor license,
(b) The city council shall investigate all facts set out in the
application .... Opportunity shall be given to any person to be
heard for or against the granting of the license. After the
investigation and hearing, the council shall, in Its discretion,
grant or refuse the application.
3. Throughout the month of December 1993, the City conducted an
investigation of the issues pertaining to Pauly's relocation.
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4. In June 1990, the Housing and Redevelopment Authority for Carver
County ("HRA ") purchased the property where Pauly's is currently located
and leased the property back to Pauly's at a reduced rate of $1.00 per year
on a four year lease extension which expires in June 1994.
5. in November 1993, Russ Pauly, President of Pauly's Bar and
Restaurant submitted a questionnaire prepared by the, City regarding his
current business and his proposed business at the new location. Currently,
Mr. Pauly derives 25% of Its profits from food and 75% from liquor sales.
His current seating capacity IS 200 and the current location contains 6200
square feet.
6. The questionnaire revealed that Pauly's would operate at the new
site, which has 9,000 square feet, In a similar fashion as it has at the current
site. Mr. Pauly proposes to enlarge the kitchen at the new location.
7. Vd the City's V n 2002 Is,
new site nfor to he St Hu
religious, educa 'on an hist ' lemerr
1
l�
of uly's to the
"hich includes '
8. The proposed Pauly's site is much closer to a residential area,
including the Heritage Apartments, than the present Pauly's location. The
late night use of the parking lot would result in late night disturbances near
the residential area and possible conflict with the residents.
9. Overflow parking may result in the nearby residential
neighborhood and the church parking lot.
10. The loud noise, live music, and litter from the operation of Pauly's
will disturb the residential area, increasing the potential for conflict.
11 The primary traffic access to the proposed site would be 78th
Street and Great Plains Boulevard South, rather than the current access,
Great Plains Boulevard South. These new routes border St. Hubert School
where regular and after - school activity may exist from 8:45 a.m. to 10:00
p.m. This represents a safety issue because of the increased traffic of
Pauly's patrons near school children, including the possibility of drunk
drivers.
12. in , addition to the safety concerns, It is also inappropriate to
increase the visual and physical exposure of school -age children to a bar and
Its patrons.
10957 .2.
r12/21/93
I
DECISION
1. The application of Pauly's Bar and Restaurant for a Liquor License
Transfer from 401 West 78th Street to 410 West 78th Street is denied.
2. The City Council recommends to the HRA that they extend the
current Pauly's Bar and Restaurant lease for an additional year, from July
1994 to July 1995, at market rate.
3. The City encourages relocation of Pauly's in the City and will work
with Mr. Pauly in finding a suitable location.
CITY OF CHANHASSEN
BY:
Donald J. Chmiei, Mayor
ATTEST:
Don Ashworth, City Manager
10957 .3_
r12/21/93