Memorandum

City of Lawrence

City Clerk’s Office

TO:	David L. Corliss, City Manager
FROM:	Jonathan Douglass, Assistant to the City Manager/City Clerk
CC:	Toni Wheeler, Legal Director Diane Trybom, Deputy City Clerk
DATE:	November 9, 2010
RE:	CMB license for Presto, 602 W 9^th Street

The Pantry, Inc. recently purchased the Presto station located at 602 W 9^th Street, and has applied for an Off Premise Cereal Malt Beverage (CMB) License. Because the license previously lapsed for a period exceeding 60 days (2009-2010), the distance limitation set forth in Section 4-206 of the City Code now applies. Section 4-206 prohibits the sale of CMB within 400’ of any school or church, unless the City Commission holds a public hearing, finds that the proximity of the establishment is not adverse to the public welfare or safety, and approves a distance limitation waiver.

The 9^th Street Missionary Baptist Church at 847 Ohio Street is within 400’ of Presto at 602 W 9^th Street and has been notified of the scheduled hearing. To date, no comment has been received by the City Clerk’s Office from the church.

ACTION:      Hold a public hearing to consider a request for a distance limitation waiver for an Off Premise Cereal Malt Beverage License for Presto, 602 W 9^th Street; find that the proximity of the establishment is not adverse to the public welfare or safety; approve a distance limitation waiver; and approve an Off Premise Cereal Malt Beverage License, pending appropriate inspections, if appropriate.