CITY COMMISSION AGENDA ITEM

Department:	City Clerk		Commission Meeting Date:  August 15, 2017
Staff Contact:	Sherri Riedemann
Recommendations/Options/Action Requested:
Approve a drinking establishment license to expire contemporaneously with the existing State drinking establishment license for John Brown Underground, LLC.
Executive Summary:		On July 19, 2016, the City Commission issued to John Brown Underground, LLC, a Kansas limited liability company, a temporary six-month drinking establishment license, subject to the following conditions: (1) that John Brown Underground comply with the fifty-five percent (55%) food sales requirement during that six-month probationary period; (2) that John Brown Underground submit monthly tax reports to the City for its review to track ongoing compliance; (3) that John Brown Underground enter into a compliance agreement with the City; (4) that, at the end of the six-month period, staff review John Brown Underground’s tax reports and, based on that review, recommend (a) termination of the temporary drinking establishment license, (b) extension of the probationary period, or (c) issuance of a drinking establishment license to expire contemporaneously with the existing State drinking establishment license; and (5) that, in the event it fails to comply with the fifty-fiver percent (55%) food sales requirement and City staff recommends that the temporary drinking establishment license be terminated, John Brown Underground agrees to voluntarily surrender its temporary drinking establishment license at the end of the six months. Because John Brown Underground made significant progress toward meeting the fifty-five percent (55%) food sales requirement, staff recommended extension of the probationary period and the City Commission issued John Brown Underground, LLC a temporary six-month drinking establishment license subject to the terms of the existing Agreement on February 21, 2017. John Brown Underground continued to meet the fifty-five percent (55%) food sales requirement during the second six-month probationary period; exceeding fifty-five percent (55%) in food sales five out of the six months. Staff is recommending issuance of a drinking establishment license to expire contemporaneously with the existing State drinking establishment license. If approved, the drinking establishment license will expire on July 14, 2018. At that time, staff will review John Brown Underground’s tax reports and make a recommendation on renewal of the drinking establishment license.
Strategic Goal Area:		Other
Fiscal Impact (Amount/Source):		The fiscal impact to the City is $0.00.
Attachments:		Agreement

Reviewed By: (for CMO use only)

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