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08.a Staff Report-Redeemed Farm Liquor LicensePage 1 of 2 Staff Report Date of Meeting: September 19, 2023 To: City Council From: Brenda Eklund, City Clerk Re: Application for New On-Sale/Sunday On-Sale Intoxicating Liquor License Background: On August 3, 2023, the Clerk's office received an application for a new On-Sale/Sunday On-Sale Intoxicating Liquor License. The owners of Redeemed Farm Rural Event Facility, Jeffrey and Julie Gacek, are pursuing a liquor license for the purpose of overseeing the sale and consumption of alcohol during events at the facility. Redeemed Farm is located at 21325 Meadowbrook Avenue North. The applicants are requesting that the license be effective January 1, 2024. In accordance with the City of Scandia Code of Ordinances, Chapter 110.17, Kinds of Liquor Licenses: The Council is authorized to issue the following licenses up to the number specified in §110.15: (E) On-sale intoxicating liquor licenses, which may be issued to the following establishments as defined by M.S. §340A.101, as it may be amended from time to time, and this chapter: hotels; restaurants; bowling centers; theaters; clubs or congressionally chartered veterans organizations; and exclusive liquor stores. (F) Sunday on-sale intoxicating liquor licenses. Sunday on-sale intoxicating liquor licenses may be issued only to a restaurant as defined in §110.03, club, bowling center, or hotel that has a seating capacity of at least 30 persons, which holds an on-sale intoxicating liquor license and which serves liquor only in conjunction with the service of food. The above language from the ordinance determines that Redeemed Farm operates as a restaurant in order to be granted a liquor license. The property is currently zoned Agricultural Core, a district that prohibits restaurants. Restaurants are permitted use in the Rural Commercial zoning district. The owners have applied for the property that houses the event facility to be rezoned from AG-Core to Rural Commercial and for a Planned Unit Development (PUD) to have a mix of uses on the site, including a single-family dwelling, a rural event facility, agriculture, and a future restaurant. The Planning Commission held a public hearing on the request to rezone the property at their meeting on September 5, 2023. The Planning Commission recommended approval for a Comprehensive Plan Amendment to the Future Land Use Map for the parcel to be rezoned from Agricultural Core to Rural Commercial and approved an amendment to the City’s official zoning map to rezone the parcel from Ag- Core to Rural Commercial and PUD. This recommendation will be presented to the City Council later in this meeting. Page 2 of 2 In accordance with the City of Scandia Code of Ordinances, Chapter 110.17, Hearing and Issuance for new liquor license applications, the Council shall investigate all facts set out in the application and not investigated in the preliminary or comprehensive background and financial investigations. 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 sound discretion, grant or deny the application. No license shall become effective until the Commissioner of Public Safety has approved the proof of financial security. Issue: Should the City approve a new On-Sale/Sunday On-Sale Intoxicating Liquor License for Jeffrey and Julie Gacek for Redeemed Farm Rural Event Facility? Proposal: A copy of the application is included with this report. The Washington County Sheriff’s Office conducted the required criminal and financial background investigation of the business owners and found nothing that would disqualify the applicants from obtaining or holding a new Minnesota liquor license should the City approve one. The required Certificate of Liquor Liability naming the City of Scandia as the certificate holder will need to be submitted by the applicant before their liquor license application is sent to the State. The fees for the 2024 liquor license will need to be collected before the end of the year. All other application requirements have been met, and the application appears to be in conformance with the requirements of the City’s Code of Ordinances, Chapter 110: Alcohol. Options: Upon conclusion of the public hearing and Council deliberation, the Council may: 1) Approve a new On-Sale/Sunday On-Sale Intoxicating Liquor License to Jeffrey and Julie Gacek to operate Redeemed Farm Rural Event Facility at 21325 Meadowbrook Avenue North, conditioned on approval of the applicant’s request to rezone PID 16.032.20.31.0006 from Agricultural Core to Rural Commercial. 2) Deny a new On-Sale/Sunday On-Sale Intoxicating Liquor License to Jeffrey and Julie Gacek to operate Redeemed Farm Rural Event Facility, with findings. 3) Table a decision for more information. Recommendation: Option 1. APPLICATION FOR ANNUAL LIQUOR LICENSE City of Scandia, Minnesota 14727 209th Street North, Scandia, MN 55073 Phone 651/433-2274 Fax 651/433-5112 Web http://www.ci.scandia.mn.us This application form is for use to provide information required by the City of Scandia to supplement license application forms required by the Minnesota Department of Public Safety/ Alcohol and Gambling Enforcement Division (AGED) for on -sale liquor licenses, as provided by Chapter 110: Alcohol, City of Scandia Code of Ordinances. Print, type or check all applicable information. Attach a check in the amount of the license fee plus the required investigation fee ($500.00) payable to the City of Scandia. License fees may be pro -rated on a quarterly basis. Any unused portion of the investigation fee will be returned to you following either approval or denial of the license. All licenses issued are valid for a calendar year. Contents of this application are public information. 1. Type of License: 3.2 % Malt Liquor On -Sale ($150.00) 3.2 % Malt Liquor Off -Sale ($50.00) Off -sale Intoxicating Liquor License ($100.00) X On -sale Intoxicating Liquor License ($2,000.00) X Sunday On -sale Intoxicating Liquor License ($200.00) Combination On-Sale/Off-sale Intoxicating Liquor License ($2,500.00) On -sale Wine License ($500.00) 2. Name and address of establishment: Name: Redeemed Farm LLC Phone: Street Address: 21325 Meadowbrook Ave N E-Mail: City/ State: Scandia, MN Zip:55073 3. Describe the business and the premises in which it will operate: Rural Event Venue doing Weddings and Events on a 20 Acre parcel operating from 9am until 11 pm 4. Proposed date of opening: 1.1.24 5. Do you currently hold a liquor license in any other location? __Yes X No If "yes", please list the name of the establishment, address, and years in business at this location. 6. Federal Tax Identification Number: 81-3169973 7. Name and address of owner #1—business address: Name: Jeffrey A. Gacek Phone: Street Address: 21325 Meadowbrook Ave N E-Mail: City/ State: Scandia, MN Zip: 55073 8. Name and address of owner #1—residence address: Name: Jeffrey A. Gacek Phone: Street Address: 12680 Scandia Trail N E-Mail: City/ State: Scandia, MN Zip: 55073 9. Name and address of owner #2—business address: Name: Julie M. Gacek Phone: Street Address: 21325 Meadowbrook Ave N E-Mail: City/ State: Scandia, MN Zip: 55073 10. Name and address of owner #2—residence address: Name: Julie M. Gacek Street Address: 12680 Scandia Trail N City/ State: Scandia, MN City of Scandia, Application for Annual Liquor License Page 2, 1 /26/2021 Phone: E-Mail: Zip: 55073 ACKNOWLEDGEMENTS: I declare under the penalties of perjury and criminal liability for willfully making a false statement that this application is, to the best of my knowledge and belief, true, correct and complete. I further acknowledge that I have received a copy of Chapter 110: Alcohol, City of Scandia Code Of Ordinances governing liquor licenses, and that I am familiar with and agree to abide by its requirements. In addition to this form, AGED Form "Certification of an On -Sale Liquor License" shall be completed and attached, with all required documentation including but not limited to a certificate of Liquor Liability insurance and releases from all owners, partners or officers required to complete investigation of the license application. No application will be considered complete until all required forms have been submitted and the fee has been paid. 11. Applicant Signature(s) Date: 8.3.23 Application & Fee Received City Council Consideration (Date) Approved For City Use Only duo. 3. 202 AP4. 19, 2o 3 Denied City of Scandia, Application for Annual Liquor License Page 2, 1/26/2021