Submitted By: Michelle Main
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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, production, and distribution of beer, wine, and liquor for on-premise consumption, on-premise consumption outside of an enclosed building, and off-premise consumption for Midtown Eateries, LLC d/b/a Midtown Eateries (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: Midtown Eateries, LLC d/b/a Midtown Eateries
• Property Owner: The Forge at Madison Commons, LLC
• Address: 343 NE First Ave
• Building area: 35,150 sq ft
• Seats/employees: 651 seats/70 employees
• Required parking: 252 spaces
• Provided parking: 313 spaces
• Outside Sound: Yes, outdoor seating
• Police Presence: There have been 20 calls for service at this location during the past two years. No calls were criminal in nature.
• Reason: New business with alcohol in this location
• Request: 4COP/DD/CMB - The purpose of this permit is to allow the sale, production, and distribution of beer, wine, and liquor for on-premise consumption, on-premise consumption outside of an enclosed building, and off-premise consumption for Midtown Eateries, LLC d/b/a Midtown Eateries. The hours will be Monday-Sunday, 9 a.m. to 2 a.m. (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 day. On Sunday, alcoholic beverages may be sold for consumption on the premises only, between the hours of 11 a.m. 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, and day-care centers: None are within the 500-foot radius. Proximity to other Alcohol Beverage Establishments: There are three within the 500-foot radius.
• Depot on Magnolia
• Riley Arts Center, LLC
• Infinite Ale Works (Midtown Station)
Site Inspection: In compliance
CONCLUSIONS: In accordance with Section 6-32(d), any location permit approved by city council shall initially be provisional for one year which, upon the request of the applicant, can be extended an additional six months. During this provisional period, the permit holder must provide the Building Division with 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 permit holder's name, 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: This agenda item will be reviewed by City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with changes
• Table
• Deny