To: Judge Lou Gresh, Hearing Officer
From: Lisa Anderson, Town Clerk
Title
New VINTNER’S RESTAURANT LIQUOR License - BEAR’L CELLARS LLC dba BEAR’L CELLARS LLC
Body
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SUMMARY
The application is for a New VINTNER’S RESTAURANT Liquor License from BEAR’L CELLARS LLC dba BEAR’L CELLARS LLC located at 1057 PARK STREET, UNIT B.
The members of BEAR’L CELLARS LLC dba BEAR’L CELLARS LLC are:
ERIC SEUFERT
The operating manager that will oversee the day-to-day operations of the business is:
ERIC SEUFERT
• The application for the New VINTNER’S RESTAURANT LIQUOR license was submitted to the Town Clerk’s Office on AUGUST 1, 2022.
• Fingerprints were completed by the Applicant and manager and forwarded to CBI for clearance showing no history affecting the issuance of a liquor license.
• The application was submitted to the State for their approval on AUGUST 5, 2022.
• In accordance with State law, the property was posted with a Public Hearing Notice on AUGUST 25, 2022; and a Public Hearing Notice was published in the Douglas County Newspress on AUGUST 25, 2022.
• Town Staff has reviewed all documents required to apply for a license, and has found them to be complete and in compliance with State Statute, Liquor Regulations and Town Code.
• It is staff's interpretation that a kitchen is not required for a Vintner's Restaurant license only that at least 15% of the gross on-premises sales come from food. After a review of the state liquor code, there is only a requirement for a kitchen for a Hotel & Restaurant license.
• Staff notes that the operating manager is also the operating manager for his other liquor license for 105 West Brewing Company LLC. Staff has reviewed state liquor code and has determined there is nothing that precludes a manager of a Brew Pub to also be the manager of a Vintner's Restaurant. Petitions reflecting the needs and desires of the neighborhood that includes adult inhabitants and businesses within a one-mile radius of the premise have been submitted, and 99% of those questioned favor issuance of the license.
• Petitions reflecting the needs and desires of the neighborhood that includes adult inhabitants and businesses within a one-mile radius of the premise have been submitted, and 99% of those questioned favor issuance of the license. Staff has reviewed State Liquor Code and conferred with Counsel that the petition the applicant used for a previous application for a Brew Pub license could be used to demonstrate the needs and desires of the neighborhood. Both licenses are owned by the same owner, they are at the same location, they both serve all types of alcohol, the applications were submitted within a month of each other, and the petition showed a 99% approval with only one objection that stated no reason for the objection.
• The applicant will continue to work with the Town to ensure compliance with Town Code and requirements to obtain a Certificate of Occupancy.
• A Stocking permit may be obtained after State and Town approval and a Temporary Certificate of Occupancy is issued to allow the operating manager to order liquor and stock the premise.
• If Town and State approval is obtained, the liquor license will be issued upon the receipt of a Certificate of Occupancy.
RECOMMEDATION
Staff recommends approval of the application for a New VINTNER’S RESTAURANT LIQUOR License].