Memorandum

City of Lawrence

Administrative Services Department

To:	Dave Corliss, City Manager
From:	Frank S. Reeb, Administrative Services Director
CC:	Toni Wheeler, Director of Legal Services
Date:	June 14, 2007
Re:	World Peace, LLC, DBA Ingredient, 947 Massachusetts,  Distance Restriction Waiver Request

Introduction

Worldpeace LLC d/b/a Ingredient is proposing to open a restaurant at 947 Massachusetts and will in the future be applying for a drinking establishment license in order to serve alcoholic beverages with its menu (hot sandwiches, gourmet pizzas, and salads).  Because the primary entrance is within 400 feet of the First United Methodist Church at 946 Vermont, Worldpeace LLC is requesting the City Commission to 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.  Such a waiver request is expressly authorized in Code Section 4-113(C).  Pursuant to that Code provision, we have published a Notice of Public Hearing and we sent a letter to the First United Methodist Church notifying them of the public hearing.  As of the date of this memo, we’ve received no comments from the church or any member of the public.  Further, pursuant to City Code section 4-113(C), if the Commission approves the waiver request, there must be “a finding by the Governing Body that the proximity of the establishment is not adverse to the public welfare or safety.” 

Background

In 2004, the previous tenant at that location, Qdoba Mexican Grill, requested a distance restriction waiver.  Following the public hearing, the Commission approved the waiver request subject to three conditions: 1) the establishment would remain owned and operated by the applicant (in other words the waiver was not transferable); 2) the proposed business plan and type of establishment would remain the same as on the date of the waiver request; and (3) the primary entrance of the establishment would remain on Massachusetts Street.

Recommendation
Staff recommends conditional approval of the Worldpeace LLC waiver request subject to conditions of 1) the restaurant at 947 Massachusetts will at all times during the distance restriction waiver be owned and operated by Worldpeace LLC, doing business as Ingredient; 2) the business plan as presented and discussed at the June 19^, 2007, City Commission meeting; and 3) the primary entrance to the establishment will be along Massachusetts Street.