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HomeMy Public PortalAbout01 - 2022-1 - ALCOHOLIC BEVERAGE PERMIT - BRIDGES RESOLUTION NO. 2022-1 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF GREENCASTLE, INDIANA, RECOMMENDING ISSUANCE OF A DOWNTOWN ALCOHOLIC BEVERAGE PERMIT PURSUANT TO I.C. 7.1-3-20-16(g) WHEREAS, during the 2005 legislative session,the Indiana General Assembly enacted and the Indiana Governor signed Senate Enrolled Act 282, which is codified at I.C. 7.1-3-20- 16(g); and WHEREAS,the aforementioned legislation provided that after June 30, 2005,the Indiana Alcohol&Tobacco Commission may issue not more than ten(10) new three-way, two-way or one-way permits to sell alcoholic beverages for on-premises consumption to applicants, each of whom must be the proprietor, as owner or lessee, or both, of a restaurant located within a district, or not more than seven hundred (700) feet from the district,that meets the statutorily created boundaries and which are approximately described as"downtown" Greencastle; WHEREAS, in 2011 the Indiana General Assembly amended I.C. 7.1-3-20-16(g) in order to permit the Indiana Alcohol& Tobacco Commission to issue the aforementioned permits to restaurants not more than seven hundred (700) feet from the above-referenced district; and WHEREAS, on January 13, 2015,the Common Council of the City of Greencastle, Indiana, adopted Resolution No.2015-2 which established objectives and criteria for the issuance of Greencastle Downtown Alcoholic Beverage Permits; WHEREAS, the Greencastle Downtown Alcoholic Beverage Licensing Committee held a public meeting on December 28, 2021, where an application was presented for Bridges Wine Bar LLC dba Bridges Craft Pizza and Wine Bar at 19 N. Indiana Street, Greencastle Indiana. The Applicant wishes to procure a three-way beverage license for the bistro; and WHEREAS, Greencastle Downtown Alcoholic Beverage Licensing Committee unanimously voted in favor of the application and has recommended issuance of an alcoholic beverage permit to Bridges Wine Bar LLC dba Bridges Craft Pizza and Wine Bar. NOW THEREFORE BE IT RESOLVED by the Common Council of the City of Greencastle, Indiana,that Bridges Wine Bar LLC dba Bridges Craft Pizza and Wine Bar should be, and is, hereby recommended for a Greencastle Downtown Alcoholic Beverage Permit. Such recommendation is conditioned upon full compliance with the objectives and criteria contained in Resolution 2015-2, and pursuant to I.C. 7.1-3-20-16(g) NOW THEREFORE BE IT FURTHER RESOLVED by the Common Council of the City of Greencastle, Indiana,that upon written request by either the Greencastle Downtown Alcoholic Beverage License Committee or the City Council, representatives from Bridges Wine Bar LLC dba Bridges Craft Pizza and Wine Bar, shall appear and provide a report as to its activities and answer questions relating to any complaints/problems or compliance issues. 1 PASSED AND RESOLVED by the Common Council of the City of Greencastle at its regular meeting this (34h day of_Z-awU),Q1 , 2022. COMMON COUNCIL OF THE CITY OF GREENCASTLE, INDIANA ejA), 4A4-"1-41 .7/1---‘---°------ Mark N. Hammer Adam Cohen .,/,‘,(‘ 4,G, Stacie Langdon Jacob Widner %7 � 1 j15{ Murray Veronica Pejril ody E rt Approved and signed by me this 13 day of 3—Pv�R 1 , 2022 at o'clock .m. illiam A. Dory, Jr., Mayor ATTEST: Ly da Dunbar, Clerk-Treasurer 2 COMPLIANCE AGREEMENT This Agreement is entered into this 13`" day of January, 2022, by and between the CITY OF GREENCASTLE, by and through its COMMON COUNCIL, and Bridges Wine Bar LLC dba Bridges Craft Pizza and Wine Bar an applicant for Downtown Alcoholic Beverage Permit pursuant to I.C. 7.1-3-20-16(g). The purpose and intent of this agreement is to memorialize and document certain understandings and commitments entered into between these parties as related to the applicant's request that the Common Council recommend to the Alcohol and Tobacco Commission issuance to the applicant of a Greencastle Downtown Alcoholic Beverage Permit pursuant to I.C.7.1-3-20-16(g). As a condition precedent to a favorable recommendation by the Common Council, the Greencastle Downtown Alcoholic Beverage Permit Applicant makes the following commitments, representations and agreements: 1. That all of the data, information and documentation provided to the Greencastle Downtown Alcoholic Beverage License Committee is accurate and true to the best knowledge, information and belief of the applicant. 2. That the applicant agrees to all of the terms and conditions contained in the Greencastle Downtown Alcoholic Beverage License Committee objectives and criteria for license allocation document as such was originally adopted by the Common Council as Resolution 2015-2 and as may be subsequently amended by the Common Council. The current version of that document having been attached hereto and made a part hereof as Exhibit A. 3. That the applicant agrees to comply with the provisions of I.C. 7.1-3-20-16(g). 4. That the applicant agrees to operate its establishment in full and complete compliance with the laws of the State of Indiana including the Indiana alcoholic beverage laws and in so doing remain in good standing with the Alcohol and Tobacco Commission. 5. That the applicant agrees to operate its establishment in full and complete compliance with Greencastle City Ordinances and in so doing allow a designated representative from the City of Greencastle access to the establishment upon reasonable notice. 6. Upon written request by either the Greencastle Downtown Alcoholic Beverage License Committee or the City Council, the applicant shall appear and provide a report as to its activities and answer questions relating to any complaints/problems. 7. The parties acknowledge and understand that failure of the Applicant to abide by the terms of this Compliance Agreement may result in revocation of the Applicant's permit. ALL OF THIS HAVING BEEN AGREED TO by the parties on the date first indicated above and memorialized by the signatures contained herein. GREENCASTLE COMMON COUNCIL By: c,tt kli M Hammer, Presi ent APPLICANT: Bridges Wine Bar LLC dba Bridges Craft Pizz Wine Bar .7 Sign tore 6,firZe.1 6----i-1/4/404--- Printed Name ait -x._ d'`‘-- / 7-7V.41vC//4 45-ivr Title EXHIBIT A Greencastle Downtown Alcoholic Beverage License Committee Criteria for License Allocation and Applicant Compliance Requirements During the 2005 legislative session, the Indiana General Assembly enacted Senate Enrolled Act 282 ("Act") which was codified at Ind. Code § 7-1.3-20-16(g). The Act permitted the Indiana Alcoholic Beverage Commission ("ABC") to issue up to ten (10) additional liquor licenses (one, two, or three-way) ("Downtown Licenses") in cities meeting certain specific criteria. The City of Greencastle meets those criteria. Pursuant to the Act, the Greencastle Common Council ("Council"), as the fiscal body for the City, is responsible for making recommendations to the ABC for locations that are eligible for Downtown Licenses. The Mayor will appoint a four-member committee ("Committee") to recommend to the Council those locations that meet the qualifications in this Policy and are appropriate for Downtown Licenses. The Committee is also responsible for making recommendations to the Council concerning both proposed changes to restaurants holding Downtown Licenses and compliance issues. Purposes and Goals The purpose behind the Act was to further the City's downtown strategic plan by encouraging the location and operation of distinctive and unique restaurants in the historic downtown area. The City's goal is to provide a diverse dining environment for the community and draw visitors from throughout the West Central Indiana area. The Act also intended to assist small business owners, who might be unable to secure a conventional Liquor License, but otherwise had the ability to successfully operate a distinctive and unique restaurant in the historic downtown Greencastle area. These business owners invest not only in their business but in our community. They are often active within the local business community, sit on civic and not-for-profit boards, and are generally active participants in the community as a whole. This adds to the overall business vibrancy of Greencastle. A primary focus will be maintaining the quality level of the restaurants and avoiding restaurants moving from dining establishment to "bars that sell food". Of almost equal concern is ensuring that the applicants who secured the Downtown Licenses retain the use and do not attempt to sell/transfer their Downtown Licenses to individuals and entities that have not been properly vetted and may not intend to maintain the restaurant's quality level. The City, through implementation of the Act and this Policy, seeks to achieve the following: A. Increase the number and variety of distinctive and unique restaurants that operate in Greencastle's downtown to a degree that distinguishes it as a diverse and vibrant dining environment in West Central Indiana. B. Assist local, talented restaurant owners to achieve success by providing them the ability to offer a full line of beverages to their clientele. 1 C. Use the license allocation program to encourage recipients to make improvements to their buildings, participate in unified marketing efforts, encourage a healthy and fun atmosphere in the downtown, and to generally improve the downtown commerce activity and the City. Guiding Factors Recommendations by the Committee will be based on several factors, including: A. Corporate Condition and Operations. The Committee will consider the Applicant's (1) financial and ownership strength, which may best be demonstrated by a business plan; (2) history of operation; (3) general reputation in the Greencastle community and, if from other than Greencastle, the Applicant's reputation in other communities; (4) the Applicant's owners' past participation in the Greencastle community and the likelihood of continued participation of the owners in the future; (5) the control and participation of the owners of the Applicant in the day to day operation of the business; and (6) the nature of the jobs added to or retained in the Greencastle employment base. B. Restaurant Operations. The Committee will consider the Applicant's: (1) experience operating a restaurant similar to that proposed; (2) the nature of the restaurant and its proposed menu; (3) the unique features of the proposed restaurant; (4) the restaurant's ability to draw people to Greencastle and, specifically, the downtown area; and (5) the focus of the restaurant to provide a dining experience rather than an alcohol consumption experience. C. Community Participation and Commitment. The Committee will consider the Applicant's (1) commitment to the downtown area and the Greencastle community in general and (2) the proposed/actual impact of the business on the downtown and Greencastle in general. D. Location and Physical Elements. The Committee will consider: (1) the location of the restaurant; (2) the size, floor plan, and layout of the restaurant and exterior dining areas, if any; (3) the Applicant's plans to improve the facility in which they will operate and the consistency of such plans with the nature and architecture of the downtown area; (4) any physical improvements to the restaurant; and (5) the expected timetable for work and business commencement. E. Dining Experience. Consistent with the objectives and goals of the City, it is not the intention of the City to encourage the establishment and/or recommend to the ABC, any restaurant establishment that focuses, whether intentionally or otherwise, on alcohol sales. Alcohol sales must compliment a unique food menu and dining experience. Businesses that seek to establish a bar/restaurant environment have the option to seek a conventional Liquor License from the ABC. 2 F. Other Considerations. The City encourages Applicants to include in the Application any other factors that will aid the City to evaluate the application. Other considerations, favorable and unfavorable, may be considered. Application/Renewal Process The application/renewal process is as follows: 1. The Applicant will meet with the Greencastle City Planner to review the application requirements and the proposed/current location. All communications concerning the application shall be made through the Greencastle City Planner. 2. The Applicant will file with the Greencastle City Planner a completed Application/Renewal for a Downtown License. The Application will be in the form promulgated by the Committee. Where appropriate, the form may include forms used by the Indiana ABC. These forms must be completed to apply with the state in order to obtain the state license. 3. The Applicant will attend a public meeting of the Committee to present its project and to offer evidence to support its Application/Renewal. Upon completion of the public meeting and receipt by the Committee of all requested information from the Applicant that the Committee believes is necessary to make an informed decision on the Application, the Committee will issue a written recommendation to the Council. As part of the Application/Renewal process, the Committee may request the Applicant to accept certain requirements/conditions that will memorialize representations made to the Committee. Such requirements/conditions shall be executed by the Applicant and attached to the written recommendation that is provided to the Council. 4. The Applicant will attend a public meeting of the Council to present its project and to offer evidence to support the application. Upon completion of the public meeting and receipt by the Council of all requested information from the Applicant that the Council believes is necessary to make an informed decision on the Application, the Council will issue a written recommendation to be provided to the ABC. As part of the Application/Renewal process, the Council is free to accept/reject the Committee's written recommendation and to add/remove requirements/conditions recommended by the Committee and accepted by the Applicant. 5. The Applicant, upon a favorable recommendation from the Council, will move forward with the ABC to secure its Downtown License. The final decision to issue a Downtown License lies with the ABC. 6. If, in the opinion of the Council, Committee and/or City Planner, the Applicant has not adhered to the requirements of the Criteria for License Allocation and Applicant Compliance Requirements and/or violated any requirements/conditions accepted as part of the Applicant's Application/Renewal, the City Council, Committee and/or City Planner reserve the right to object to the issuance of the Downtown License and/or take any other action, including legal enforcement, to seek compliance and/or revocation of the Downtown License. 3 Additional Requirements of Restaurants 1. The Act provides that an Applicant is not eligible to obtain a liquor license if, less than two years before the date of application, the applicant sold a retailer's permit that was subject to Indiana Code 7.1-3-22 and that was for a site within the downtown district or within 700 feet of the district. Downtown Licenses are nontransferable. 2. All restaurants must be fully non-smoking and in full compliance with the City's and State's Smoking Laws. 3. The restaurant must comply with all building, health, and zoning laws and ordinances. 4. The Applicant shall enter into a written commitment with the City agreeing to comply with this Policy and any conditions that the City places on the restaurant. Failure to abide by written commitments shall constitute grounds for the City to suspend Applicant's ability to offer alcohol in its restaurant. Compliance/Annual Review/Enforcement Successful Applicants that obtain Downtown Licenses from the ABC are responsible at all times for operating their restaurants in compliance with their Application, Written Commitments and supporting information presented to the Committee and Council. Successful Applicants shall not change the name, location, ownership1 and/or otherwise make substantial changes in the operation of their restaurants (i.e. change in type of restaurant and/or cuisine, etc.) without notifying the City Planner and, if deemed necessary, obtaining the approval of the Committee and Council. Requests for approval of the above changes must be submitted in writing to the Greencastle City Planner and shall follow the procedure applicable to applications for the issuance of a new license. Each Applicant will designate at least one key individual, who will maintain a direct association with the Applicant and restaurant, while the Applicant maintains a Downtown License. Successful Applicants for Downtown Licenses shall be responsible for attending one meeting of the Committee and providing an annual report to the Committee concerning their operations. Applicants will be notified by the Committee in advance of the scheduling of their annual report. Applicants shall provide documentation to the Committee in advance of the scheduling of their annual report including, but not limited to, alcohol/food sales, menu, hours of operation, documentation provided to the Alcoholic Beverage Board of Putnam County and/or ATC in support of a request for a renewal of the Downtown License. In addition to the above requirement concerning presenting an annual report to the Committee, successful Applicants for Downtown Licenses may also be required to attend other meetings of the Committee and/or Council in order to answer questions concerning its compliance with the terms of the Applicant's application, these requirements and/or other 1 Change in ownership shall also mean the change of more than 40%of the equity ownership of a business entity between the date of the Applicant is approved and prior to the date of renewal. 4 matters related to the operation of its restaurant and/or be subject to inspection by the City Planner or other City official. In the event that a successful Applicant for a Downtown License fails to comply with any of these requirements, the City shall take all actions it deems necessary in order to obtain compliance, including revocation of its approval. 5