Item Coversheet
City of Independence
AGENDA ITEM COVER SHEET
Approved

Agenda Title:

Council action is requested on the application from Diamond Girls Bartender, LLC to add an outdoor area as part of their licensed premises for Shots located at 11703 E. 23rd Street S. that will allow them to serve intoxicating liquor by the drink seven days a week in this outdoor area.  This application requires a two-third majority vote for approval due to residential property being located within three hundred (300) feet of the establishment. [Postponed from June 19, 2017 Council Meeting.]
Background:

Diamond Girls Bartenders, LLC currently holds a Retail of Intoxicating Liquor by the Drink (Restaurant/Bar) License. Ms. Mary J Ortiz, Managing Officer, submitted an application to expand the licensed premises of this establishment. The outdoor expansion is for an irregular area of 98.5’ x 52.8’ outdoor area located on the south side of the building with a 6 foot fence surrounding the area. Approval of the outdoor expansion of licensed premises application allows the establishment to serve alcoholic beverages in the confined outdoor smoking area in order to comply with the Clean Air Indoor Act of 2006.

According to the survey provided by the applicant, there are no hospitals, churches, or schools however, there are residentially zoned properties within 300 feet of the proposed premises. Staff mailed a notice of the Public Hearing to the surrounding property owners and tenants within three hundred feet of the proposed premises on May 19, 2017.

Applicable City departments reviewed the proposed outdoor expansion and their comments are attached.

The applicant initially added an outdoor area without obtaining a building permit or seeking Council approval for an expansion of the licensed premises. During a September 29, 2016, compliance check, the Police Department found customers could take alcoholic beverages to the outdoor area, which was not part of the licensed premises of Shots. At the Administrative Hearing, Ms. Ortiz admitted that they had allowed customers to take alcoholic drinks to their outside area. The results of the administrative hearing was to place a two day suspension of Shot’s in abeyance for two years.

Department:          FinanceContact Person:          Terry A. Hartwig


REVIEWERS:
DepartmentAction
City Clerk DepartmentApproved

Council Action:          Council Action:         

ATTACHMENTS:
Description
Liquor License Application for Expansion of Premises
Maps
Staff Inspection Report