Monday, October 10, 2016

Shaun's Place Now Birger's Pub

According to this item from the upcoming Liquor Control Commission's agenda, what was going to be called Shaun's Place on the ground floor of the Newel Building will now have its name and ownership changed to Birger's Pub. Shaun's Place never did get off the ground and Birger's Pub is still undergoing rennovations:

Attached is an application from GLH Capital Enterprise, Inc., d/b/a Birger’s Pub, for the transfer of an existing Class B2 liquor license currently held by Shaun Kocel, an individual, d/b/a Shaun’s Place at 201 East Main Street #1-B. Included is a notarized letter from Mr. Kocel, owner of Shaun’s Place, authorizing the transfer. This item was previously on the September 20 agenda but was pulled as the applicant did not receive timely notice of the meeting.

Liquor Code provisions: There is a cap of 20 on Class B1 and B2 liquor licenses, but as this is a transfer of an existing B2 license, there will be no change in the number currently issued. Class B2 licenses shall authorize the retail sale of all alcoholic liquors, by the drink, for consumption on the premises only, subject to the terms, conditions, and restrictions of this and all other pertinent sections of this code. The holder of a B2 license shall not allow any person under the minimum entry age to enter into or remain upon the premises for which the license is held.

Transfers of Licenses:

A. A license shall be a purely personal privilege and shall not constitute property. Nothing in this title shall be construed to grant a right to transfer or accept the transfer of any license. Applicants for the transfer of an existing liquor license shall follow the procedures for issuance of a new liquor license as contained in the Liquor Code.

B. The local liquor control commission, upon receipt of written application and a transfer fee in the amount of one hundred dollars ($100.00), may authorize the transfer of any license issued under this chapter.

C. If the applicant seeks to transfer the license to a new location, the proposed location must comply with all rules, regulations, city ordinances and state statutes applicable to the operation and maintenance of a licensed premises.

D. The transfer of a license issued hereunder from one person to another may only be made in the case of a bona fide sale or transfer for valuable consideration of the business, and upon the determination by the local liquor control commission that the purchaser possesses the qualifications as required of an applicant for the original license.

E.  No transfer shall be effective and no new license shall be issued until the former license is submitted to the office of the city clerk and all monies due the city have been paid.

Liquor Advisory Board Review: This application was reviewed by the Liquor Advisory Board at the meeting of September 1, 2016. While a motion for the approval of the application was received, there was no second. There were no subsequent motions and this matter has been forwarded to the Commission for their consideration. 

Outstanding Items: The $100 transfer fee has been paid and the criminal history check did not reveal anything which would preclude the applicant from holding a liquor license. All other items remain outstanding.

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