TO: Mike Wildgen, City Manager
CC: Dave Corliss, Assistant City Manager/Director of Legal Services
FROM: Frank S. Reeb, Administrative Services Director/City Clerk
DATE: February 5, 2004
RE: Public Hearing for Replay Lounge Request to Waive 400’ Distance Limitation
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Pursuant to City Code Section 4-113(C), a public hearing is scheduled for February 10, 2004 regarding a request by Kanaco Amusements d/b/a Replay Lounge requesting that the City Commission waive the distance limitation in City Code section 4-113(A) prohibiting the sale and serving of alcoholic liquor within 400 feet of a school or church. The Replay Lounge has had a drinking establishment license since May 1994. However, while the establishment at all times had a valid state drinking establishment license, the 2003 city license expired on April 27, 2003 and the owners did not apply to renew the city license until mid-December. Because the city license lapse exceeded 60 days, pursuant to 4-113(B), the distance restriction waiver is required.
Two churches, the Salvation Army Church, 946 New Hampshire, and the First United Methodist Church are within 400 feet of the primary public entrance of the establishment. As required in the City Code, we have provided 30 days written notice to both churches. In addition, as the Commission has requested, we have asked the church officials to notify City staff of their respective positions on the waiver request. Rich Forney, Pastor of the Salvation Army Church informed me during two telephone conversations that the Salvation Army is taking a neutral position on the waiver request.
The First United Methodist Church also is not protesting the waiver request. Sue Morgan, informed me during a telephone conversation that following conversations with the owners of the Replay Lounge, and based on a review of the matter by the church’s board, the church is neither supporting nor opposing the waiver request.
We have not received any specific public comment about the Replay Lounge’s waiver request.
By way of background, in 1993, the Replay Lounge had a cereal malt beverage on premises retailer’s license and as a part of that process a restriction waiver was needed and granted. The minutes from the October 19, 1993 City Commission meeting indicate, while the First United Methodist Church did not oppose the waiver request (the only church or school apparently within 400 feet at that time), the Commission approved the waiver on a 3-2 vote. Following the granting of the waiver, the Commission directed staff to prepare a report on possible alternatives to limit the number of bars in the downtown area and within the City.
If you have any questions, please let me know.