Submitted By: Samantha Pintos
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Presentation By: Jeff Shrum
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Approve the sale of beer, wine, and liquor for on-premise consumption and consumption outside of an enclosed building for Harrdy, LLC d/b/a Mellow Mushroom, located at 2 SW Fort King Street Unit #1 (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub, Quality of Place
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
• Applicant: Harrdy, LLC d/b/a Mellow Mushroom
• Property Owner: PFLOZ LLC
• Address: 2 SW Fort King Street #1
• Building area: 5785 square feet
• Seats / employees: 184 seats / 100 employees
• Required parking: None per Sec. 122-963
• Provided parking: None
• Outside Sound: No
• Police Presence: There were 44 calls for service at this location during the past two years. None were criminal in nature.
• Reason: New location - no previous location permit
• Request: 4COP - The purpose of this permit is to allow the sale of beer wine and liquor for on-premise consumption for Harrdy, LLC d/b/a Mellow Mushroom. The hours will be Monday-Thursday 11:00 a.m. to 11:00 p.m. Friday and Saturday 11 a.m. to 12 a.m. and from 11 a.m. to 10 p.m. Sunday. (Sec. 6-5 limits the hours and times during which alcoholic and intoxicating beverages may be sold, consumed or served, or permitted to be served or consumed, in any place or on any premises defined as a business establishment as follows: for each day of the week except Sunday, between the hours of 7 a.m. and 2 a.m. the following days. On Sunday, Alcoholic beverages may be sold for consumption on the premises only, between the hours of 11 a.m. on Sunday and 2 a.m. on Monday; and beer, ale and wine may be sold in sealed containers for consumption off the premises only, between the hours of 7 a.m. on Sunday and 2 a.m. on Monday.)
• Staff requested comments from the Engineering, Growth Management, Police, and Fire Departments and requested legal review by the City Attorney.
FINDINGS:
Proximity to schools, churches, day care centers: There is one church within the 500’ radius:
• Mt. Moriah Missionary Church
Proximity to other Alcohol Beverage Establishments: There are 25 within the 500’ radius:
• Bank Street Patio Bar - 4COP
• Big Hammock Brewery - 2COP & CMBP
• Harry’s - 4COP-SRX
• Hilton Garden Inn - 4COP-S
• Sushi Bistro - 2COP
• Ivy’s on the Square - 4COP
• Tipsy Skipper/Mutiny - 4COP
• Marion Theater - 2COP
• Agapanthus - 2COP
• Marion Cultural Alliance - 14BC
• Corkscrew - 2COP
• The Lodge - 4COP
• Mark’s Prime - 4COP
• O’ Malley’s Alley - 4COP
• Brick City BBQ - 4COP
• Cantina - 4COP-SRX
• Courtyard on Broadway - 2COP
• The Black Sheep on Broadway - 4COP
• La Cuisine - 4COP
• Downtown Billiards - 4COP
• Molly Maguire’s of Ocala - 2COP
• Stella’s The Modern Pantry - 2COP
• Soleil Bakery + Social House - 2COP
• Infinite Ale Works - 2COP/CMB
• District Bar & Kitchen - 4COP
Site Inspection: In compliance.
CONCLUSIONS: In accordance with Section 6-32(d), any location permit approved by city council shall initially be provisional for a period of one year which upon the request of the applicant can be extended an additional 6 months. During this provisional period the permit holder must provide to the Building Division a copy of the vendor's state issued alcoholic beverage license. If no license is filed during this provisional period, or if the name on the state issued license is not the same as the name of the permit holder, then the permit shall be automatically voided and of no legal effect, otherwise it shall become fully issued.
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A
LEGAL REVIEW: N/A
ALTERNATIVE:
• Approve with changes
• Table
• Deny
• If the City’s alcoholic beverage location permit is not approved, the state will not issue a license and alcohol beverage sales will not be permitted.