Item Coversheet
City of Independence
AGENDA ITEM COVER SHEET
Not Approved

Agenda Title:

Council action is requested on the application received from Pro Star, LLC for a Limited Intoxicating Liquor in the Original Package License and Sunday Sales License (Package Liquor Store) for Quick Stop #151, located at 151 W. US 24 Highway. This application requires a two-third majority vote for approval due to residential property being located within three hundred (300) feet of the establishment.
Recommendations:

Staff recommends denial. The Health Department inspection this location found a lack of proper cleaning facilities as a result this location does not meet the City's current Food Code.  Staff concurs with the Health Department's recommendation that this application does not meets the requirements of the City’s Alcoholic Beverage Code.  The City Code limits the number of this type of liquor license to one license per 4,900 in population.  Currently the City has issued nine (9) of these type of liquor licenses, leaving fourteen (14) available for issue.

Background:

This location was licensed as Rainbow Natural Foods from 1984 to July of this year and they did not have a liquor license.  In September, 2016, Pro Star, LLC submitted a Business License Application for Quick Stop #151 to operate a convenience store without gas sales.  The Community Development Department denied the application on September 30, 2016, because the Unified Development Code only allows for 14 convenience stores without gas sales.  There are currently 14 convenience stores without gas sales licensed, so no additional business licenses could be issued for this type of business until one of the existing stores closes.  No liquor license application was submitted with this business license application.

 

On October 26, 2016, staff received a business license and liquor license application from Pro Star, LLC for Quick Stop #151 as a convenience store without gas sales.  Staff notified the applicant that we could not process the application as a convenience store without gas sales due to denial of their previous business license application by the Community Development Department. 

 

On November 9, 2016, the Applicant amended the application to change the type of store from convenience store without gas sales to a package liquor store where at least 90 percent of the store’s inventory will be alcoholic beverages.  The applicant is requesting Council approval to sell intoxicating liquor in the original package seven days a week.

 

The LLC appointed Mr. Richard T. Bryant as Managing Officer for purposes of this liquor license.  Mr. Bryant is Managing Officer for three (3) other licensed locations in the City and several other locations licensed by the Missouri Division of Alcohol and Tobacco Control. The background investigation conducted by the Police Department and the Missouri State Highway Patrol on Mr. Bryant, and the corporate officers revealed they do not have any violations that would disqualify them from obtaining a liquor license from the City. 

 

There is residentially zoned property with three hundred (300) feet of the proposed premises according to the survey provided by the applicant.  The survey shows no churches, hospitals or schools.   Staff mailed a notice of the Public Hearing to the surrounding property owners and tenants within three hundred feet of the proposed premises on December 21, 2016. 

Maps are attached to demonstrate the following conditions that the City Council shall consider in reviewing the application: 

  • Whether the location is within 300 feet of any residential zoning district and whether the proposed licensed operation would cause a nuisance or change in the character of the residential area.
  • The proximity of the proposed location to a school, church, hospital, public park, playground, library or museum.
  • The number and type of licenses existing within 1500 feet of the proposed location. 
  • The type of business or commercial uses within 1500 of the proposed location and the general character and intensity of uses permitted by the Zoning Ordinance. 

 

Applicable City Departments reviewed the application and the attached Inspection Report includes their comments. 

Staff reviewed the log of administrative hearing held during the last five (5) calendar years and found that one store that Mr. Bryant was the Managing Officer for sold to minors once in 2014 and once in 2015.  The application packet only ask if the Managing Officer or Owners have had a liquor license revoked.

 


Department:          FinanceContact Person:          Terry A. Hartwig


REVIEWERS:
DepartmentAction
Finance DepartmentApproved
Finance DepartmentApproved
Finance DepartmentApproved
Finance DepartmentApproved
Law DepartmentApproved
City Managers OfficeApproved
City Clerk DepartmentApproved

Council Action:          Council Action:          Accepted

ATTACHMENTS:
DescriptionType
Liquor License ApplicationBackup Material
MapsBackup Material
Staff Inspection ReportOrdinance