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Home My WebLink Aboutagenda.2013-04-08.packetCity of Cape Girardeau Liquor License Review Board April 8, 2013 City Hall — City Council Chambers 401 Independence Street 4:00 p.m. AGENDA 1. Call to Order 2. Introduction and Opening Comments 3. Approval of February 13, 2013 minutes 4. Review of appeal of recommended denial of license for That One Bar, 36 North Spanish Street a. Public Comment b. City Staff Comment c. Applicant Comment d. Board review, discussion, and possible action 5. Adjoum The Liquor License Review Board of the City of Cape Girardeau, Missouri, may hold a closed session to discuss legal actions, causes of legal action or litigation, or confidential or privileged communications with its attorneys. LAYTON & SOUTHARD, LLC Attorneys at Law 24 South Silver Springs Road P.O. Box 1238 Cape Girardeau, Missouri 63702-1238 Phone: (573) 335-3359 1 Fax: (573) 334-0666 John A. Layton Stephen R. Southard' Daniel J. Grimm, Associate' Susan P. Layton, Associate Wade M. Schuster, Associate 'Also licensed in Illinois March 22, 2013 NOTICE OF APPEAL Mr. C. Timothy Morgan Chief Review Officer City of Cape Girardeau Development Services 4011ndependence Cape Girardeau, MO 63703 RE: That One Bar Jeff Koenig 36 N. Spanish St. Cape Girardeau, MO 63701 TO WHOM fT MAY CONCERN: jlayton@laytonsouthardlaw.wm swuthard@laytcn outhardlaw.wm dgnmm@laytonsouthardlaw.wm slayton@laytonsouthardlaw.wm wschuster@laytonsouthardlaw.wm Please let this letter serve as our formal Notice of Appeal by Mr. Koenig. Mr. Koenig's Notice of Appeal is timely, as he has received a letter from your office on March 19, 2013, stating the denial of his liquor license due to certain building code issues that need to be resolved before issuance and also various items the County Health Department has stated need to be corrected before an issuance of the liquor license. Mr. Koenig would like to reserve thirty (30) minutes of time to present to the CRO his position explaining why he believes his liquor license should be granted. Enclosed please find the City of Cape Girardeau's official Notice of Denial, as well as a list of items which need to be corrected. Mr. C. Timothy Morgan Page Two March 22, 2013 Yours tru , LAS TO 8-SOUTHARD, LLC Daniel J. Grimm DJG/ces Enclosures cc: Mr. Scott Meyer, City Manager CITY Qt CAPE GIRARDEAU _ CUSTOMER SERVICE March 19.2013 That One Bax Jeff Koenig 36 Nti Spanish St. Cape Girardeau, MO 63701 Ocar Mr. Koenig, This letter is in regards to the recent submittal of a liquor license application for the above mentioned address. The Development Services Department is recommending denial of this license due to certain building code issues that need to be resolved before issuance. Also, the County Health Department stated various items that need to be corrected before they issue an approval for issuance. Based on this infornration, your application has been denied. According to Sec. 5-35 (a) of the City Code of Ordinances, "when a license tinder this chapter is decried, the city manager shall send a letter to the applicant stating why the license was deeded and how to appeal the denial. This letter shall be hand delivered or sent by first class mail. A mailed letter shall be presumed received three (3) days after it was mailed:' "Phis letter serves as this official notice of denial. Also, according to See. 5-35 (b), "the anplicant may appeal the denial to the liquor license review board by rnahing or delivering a written notice of appeal to the chief review officer (CRO) and a copy to the city manager_ The notice of appeal must be received by the CRO no later than ten (10) days after the applicant received the, letter of denial. The applicant may submit to the CRO a position statement explaining why the applicant believes the license should be granted. The city manager may also submit to the CRO a positionstatement explaining why the manager believes the denial should be upheld." if you have any questions concerning this manes, please contact me at (573) 339-6322- Respectfully. 39-6322Respectfully. Trisha Holloway J] Customer Service Manager datinclepeir�n,r POSoz617 Cape Glrartdvrv,M0637e3 6Y333913322Tei 53;k3,ri 630e Faz CAPE GIRARDEAU COUNTY PUBLIC HEALTH CENTER ( DATE 3 PAGE t DF�� 4 ENVIRONMENTAL SECTION 4f FOOD ESTABLISHMENT INSPECTION REPORT n - iqy—:rlr�tr. nu� So..._ j Fio , o on n sspec{ipe itis day, tea seas noted fieri ide r4`i g by me regulatory or �e ations o f i to c which Me,a be come:mit by :ha tie# rns M of ed bap, or such sfianer period of fee as any be specified in wnfinq by the regulelory aNhanty. fatlu e to comply ryith any hme hails for corrections Mooted m this not,.e adv result in cessation of your food operation. u'pe �^J UH Um Baku IM 'T T'P 'tthhin Bakery, ❑ u^. Stare [3 Caterer [] Uefi FJ Grocery Stare ;j] institution ❑ Mobne Restaurant ❑ School_ I] Senior Center ❑ Summer F.P. ern ❑ Temporary 1"' ] Other NAGE OIAFO3AL WATER SUPPLY�t�ZEN Public ❑ Private I Community ❑ Non -Community r] Private ZESSEHT ❑ Approved ❑ Disapproved [LNot applicable jDate Sampled: Result:_ Ilicense Number vPosF 325 ur 6- Pre-Openin Follow -U Routine Complaint Other ,or, arnnricT mv, i TEM�LOCATION FOOD PRODUCT - TEM LOCATION u'pe Fiffoom, MOST RECE VF IMMEDIATE AGI -101 72 hnors r- sI tetl. 'tthhin 2 V z a i G'ac.�r as Foo. 325 ur 6- 33Cot" I mv, i ,SmGmar,.f rs_� 1r, 3-51" ori P - 8 b g rr Via: EWI VrmN51y8LNE $ .. Ne Iur 1-1,.11- n63 4u Number56 Capautius 41..nwt 81. II a MEmt ns u. a cPe a' j o-�ia+nnanon aalu000 S Cotla D 'Ffon'.Thm -teas elaL=to ise t s ft0utl op vt ons enU cteaN a s. These are C sem by IniSxL 9CowA ro en* -sae ekrsr t b iIm ten Cy eiii, tp tponsin as"laced (esus) 5 WRTEP P... NG & WASTE -�—' X h ry' ` 5-t Water m h ,11 , h{ N T-1, 5 S re`v'x ; .. - t!es E PN`/9 I. C Ll ilwStor D' �� I lit Mate al 1 mnab i " ^" T' 4 {/ •_JAJ --�'-�--�Y` ��3N�tersecAPa�ee I Its d t �A-0�k^ �a Location BPlecemem I6 -SM IntenaMe60 emt10/ z aolssxws oP mmorv.*; iA�"' ' w _ < lt`L - cn gtl ionanpv z uapl nae .� asmna ,a au � i EDUCATION PROVIDED FOR COMMENTS —_ DAT NO CE CAPE GIRARDEAU COUNTY PUBLIC HEALTH CENTER ENVIRONMENTAL SECTION FOOD ESTABLISHMENT INSPECTION REPORT Reference ITEMS MUST RECEIVE IMMEDIATEACTION WITHIN 72 HOURS OR AS STATED. 1" DATE Code Code DESCRIPTION: THESEITEMS RELATETO MAINTENANCE OF FOOD OPERATIONS AND CLEANLINESS.THESE A.f—.—I ITFMR�ARFTO RF Cr .ECTFD RV T.G PYT cFrall A. IAICRCPTInu no Ac .1-19Y CORRECT I INIT. WHITE OWNER'SCOPY CANARY-FILECOPY PINK-CENTRALOFFICE CITY of CAPE GIRARDEAU DEVELOPMENT SERVICES April 2, 2013 RE: 36 N. Spanish Liquor License Dear Liquor License Review Board: We recently received a liquor license application for 36 N. Spanish. We recommended denial of the license based on building code issues. Attached is a floor plan for the renovation of the building that was completed in 2010. The 2003 International Building Code (IBC) was in effect at the time. Required: Table IBC 1018.12 exits required for an area with 1-500 occupants. Provided: Based on the Code Analysis listed on the plans, the occupant load of this business is 280. There are two exits shown an the plan, so the number of exits is acceptable. Required: IBC 1014.2.1 Exits in areas requiring 2 or more exits must be placed at least one-half the diagonal distance of the space apart from each other. This typically means that an exit be provided at the front and rear of a building. Provided: The attached plan indicates a double -door exit onto Spanish St. and a single -door exit into the alley behind the building, so the spacing of the exits is acceptable. The issue is with the location of the rear exit in the alley. The door is several feet above grade, and stairs are required when exiting from this door. On the following pages are some photographs taken from the alley behind 36 N. Spanish. Photo 1 illustrates the stair landing in the folded/stored position. Photo 2 illustrates the stair landing in the operating position. The stair treads, handrails and other components are typically stored in the alley, but were not found during our visit. Photo 3 looks north in the alley, toward Themis. The white door on the left is the rear exit for 36 N. Spanish. Photo 4looks south in the alley. At this business, the alley is 149.5" wide (12.45'). The stair projects 43" into the alley, which leaves less than 9' for a vehicle to pass. The alley is right-of-way; it is not private property. Trash receptacles for the businesses are in this alley. There is also an apartment that is accessed from the alley. CITY o/ CAPE GIRARDEAU DEVELOPMENT SERVICES Photo 1 Photo 2 CITY Of CAPE GIRARDEAU DEVELOPMENT SERVICES Photo 3 CITY Of CAPE GIRARDEAU DEVELOPMENT SERVICES In 2010, the City agreed to allow a temporary stair in the alley. The stair would be erected during business hours and disassembled when the business was not open. Concern has been expressed regarding accessing the apartment from the alley. When the stairs are erected, it is difficult for a car or trash truck to drive down the alley. Attached is an aerial photograph of the area. The red area is 36 N. Spanish. The blue area is the location of an apartment, which has off-street parking accessed from the alley. The only way to access the parking for the apartment is from Themis, as the alley does not continue south to Independence. On March 5, 2013, Anna Kangas, Plan Review Specialist, held a conversation with Jeff Koenig, the applicant for "That One Bal". She explained that the alley exit as it exists currently would no longer be allowed because the stairs project into the right of way. An option was discussed for moving the stairs to the inside of the building, so the exit door would be at grade. He seemed open to the idea. Sincerely, C. Timothy Morgan Inspection Services Director \ SPANISHMAffBAR � 7 r, Who as �W P a rt a~t 3 n e. :'p t 19 e I 15 e' Ari r I i M CITY O�CAPE C I R A R D E A U CUSTOMER SERVICE OFFICE P.O. BOX 617 CAPE GIRARDEAU, MO 63702-007 RETURN SERVICE REQUE5TED h0.k UYl9_C f 'Y1 T 4P �QYIID 31D I A '4ojw)" ',,F�. �(A �u inane e.o u I W O t) 3 D 04/08/2013 Distribution List Post agenda and send to PIO Heather Brooks - Carol Peters Charles Wagoner 2126 Sherwood Cape Girardeau MO 63701 Frisha I Iolloway County I lealth Department (give to "Trisha to mail if there are still outstanding items) Barry Hovis Anna Kangas Tim Morgan Layton & Southard. LLC Mr. Daniel J. Grimm PO Box 1238 Cape Girardeau MO 63702 That One Bar Mr. .ieff Koenig 36 North Spanish Street Cape Girardeau, MO 63701 Mr. Ricky Werner 1722 Crestwood Drive Cape Girardeau, MO 63701 lr. CITY of CAPE GIRARDEAU t Office of the City Manager t p.0. Box 617 Cape Cirardvau, MO 63702-0617 TO: MR. RICKY WERNER 1722 Crestwood Drive Cape Girardeau, MO 63701 CITY of CAPE GIRARDEAU Office of the City Manager p.0. Be, 617 Cape Girardeau, MO 63702-0617 TO: MR, JEFF KOENIG 'I hat One Bar 36 N. Spanish Street Cape Girardeau, MO 63701 CITY of CAPE GIRARDEAU Office of the City Manager P , Box 617 Cape Girardeau, A10 63702.0617 To: MR. CHARLES WAGONER Liquor License Review Board 2126 Sherwood Cape Girardeau, MO 63701 CITY of CAPE GIRARDEAU Office of the City Manager P.O. Box 617 Cape J,rudam, MO 63702-0617 TO: MRS. TRISHA HOLLOWAY Customer Service 401 Independence Street Cape Girardeau, MO 63703 CITY OJ CAPE GIRARDEAU Office of the City Manager P.O. Be, 617 Cape Girardcau, MO 63702-0617 To: MR. TIM MORGAN Inspections Services 401 Independence Street Cape Girardeau. MO 63703 CITY of CAPE GIRARDEAU Office of the City Manager P.O. Box 617 Cape Girardeau. MO 63702-0617 TO: MR. DANIEL J. GRIMM Layton & Southard, LLC P.O. Box 1238 Cape Girardeau, MO 63 702-1 23 8 CITY of CAPE GIRARDEAU Office of the City Manager P.O. Be, 617 Cape Girardcau, MO 63702-0617 TO: MRS. HEATHER BROOKS City Manager's Office 401 Independence Street Cape Girardeau, MO 63703 CITY of CAPE GIRARDEAU Office of the City Manager P.O. Box 617 Cap, Gnard,aq MO 63702-0617 To: LT. BARRY Hi Police Department 40 S. Sprigg Street Cape Girardeau, MO 63703 CITY of CAPE GIRARDEAU Office of the City Manager P.O. Box 617 Cape Girardeau. MO 63702-0617 To: MRS. CAROL PETERS Planning Services 401 Independence Street Cape Girardeau, MO 63703 CITY of CAPE GIRARDEAU Office of the City Manager P.O. Be, fill Cape Girardeau M0 63702-0017 To: MRS. ANNA KANGAS Inspections Services 401 Independence Street Cape Girardeau, MO 63703