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HomeMy WebLinkAbout7A, Cruisin' for St. Jude Fundraising Event-/41 EN HILLS Request for Council Action -7 A Prepared By: Rebecca Brazys, Deputy Clerk Council Meeting Date: August 8, 2011 Cruisin' for St. Jude Fundraiser — Flaherty's Arden Bowl Budgeted Amount: NA Actual Amount: NA Funding Source: NA Recommendation: Motion to approve an Outdoor Concert license and aTemporary 3.2 Beer On -Sale Only license for a one -time fundraising event, Cruisin' for St. Jude, to be held in the parking lot of Flaherty's Arden Bowl on August 20, 2011. Supporting Documents: 1. Memorandum from Rebecca Brazys. 2. Written request from Tom Flaherty to allow beer sales. 3. Application for Temporary 3.2 Beer On -Sale Only license. 4. Copy of email from Al Erickson, Alcohol & Gambling Enforcement. 5. Outdoor Concert license application (with event diagram and certificates of insurance). 6. Copy of event flyer. 7. Copy of March 3, 2011, correspondence to Tom Flaherty. 8. Copy of February 28, 2011, correspondence from Jerry Filla. - z�I�EN HILLS MEMORANDUM DATE: August 8, 2011 TO: Honorable Mayor and City Councilmembers FROM: Rebecca Brazys, Deputy Clerk SUBJECT: Cruisin' for St. Jude Fundraiser — Flaherty's Arden Bowl Background Tom Flaherty originally contacted me in February regarding a fundraising event to be held in the parking lot of Flaherty's Arden Bowl. This event would include a motorcycle ride, music, 3.2 beer sales and charitable gambling. I contacted our City attorney and he responded in writing with several concerns. A copy of our attorney's correspondence was forwarded to Mr. Flaherty on March 3 (copies attached) . However, their planning for this event proceeded and the City did not become aware of this until mid July when Mr. Flaherty attempted to obtain a Temporary 3.2 Beer On -Sale Only license for the event. City Administrator, Patrick Klaers, discussed this situation with Council at their July 25th meeting and Council asked to have this item p laced on an August Council agenda for additional information and action. Specific questions the Council presented were: • How many motorcycles will participate? o They anticipate approximately 250 participants but weather conditions will be a determining factor. • What type of music and how long will the music play? o A local rock band has volunteered to play for up to four hours beginning at 5:00 p.m. and ending no later than 9:00 p.m. Consideration Because the event includes live music, the City attorney recommended Mr. Flaherty apply for an Outdoor Concert license. A copy of that license application is attached. City Code requires Council approval for the issuance of such a license. Even though Flaherty's liquor license applies only to the building (per our City attorney), Al Erickson of the Minnesota Department of Public Safety - Alcohol and Gambling Enforcement, has indicated that the Temporary 3.2 Beer On -Sale Only license is a City license and it's up to Council's discretion whether or not to approve it. Mr. Flaherty has submitted an application for a Temporary 3.2 Beer On -Sale Only license and a written request for Council's permission to allow outdoor 3.2 beer sales (copies attached). Terry Dehkes, event coordinator, contacted the Minnesota Gambling Control Board regarding the drawing, raffle, and silent auction planned for this event. Because Mr. Dehkes, as the applicant for the gambling permit, does not have non - profit status, the Gambling Control Board advised him that the drawing and raffle could not proceed. The silent auction is not considered gambling and can proceed. Staff Review Commercial building inspector, Dave Scherbel, has approved the proposed layout for this event. No permits are required for the tents to be used because they will be small pop -up tents less than 120 square feet in size. The stage height is less than 30 inches so it is considered a platform rather than a structure and does not require a permit. Also, since the seating will be folding chairs with no bleachers being utilized, there is no permit required for the seating. City Planner, Meagan Beekman, has reviewed the Outdoor Concert license application and raised no issues that require City Council action. Council Action Requested Motion to approve an Outdoor Concert license and a Temporary 3.2 Beer On -Sale Only license for a one -time fundraising event, Cruisin' for St. Jude, to be held in the parking lot of Flaherty's Arden Bowl on August 20, 2011. CITY OF ARDEN HILLS 1245 West Highway 96 Arden Hills, MN 55112-5794 TEMPORARY CITY LIQUOR LICENSE APPLICATION — 3.2 Beer On-Sale Only Whoever shall knowingly and willfully falsify the answers to the following questionnaire shall be deemed guilty of perjury and shall be punished accordingly. Every question must be answered. Please allow a min. 10 working day turnaround for permit. Event Information Date of event for which you wish to sell 3.2 beer: S4/9 Event Name Event Address Organization Information Address 4YL /y Phone Fax Ceie Premises Owner(s): r/e4 51,--65- 3 og Applicant Information, Applicant Name: Home Address: < %% ��./ C� Date of Birth: Minnesota Resident: United States Citizen: Yes: From ( to e. U No cAo„eivii‘tti /1//-1) Place of Birth: es: From to �{Q/ ( ❑ No, what state do you reside: C A iav/ /,-/Y„s� If naturalized, state and place of naturalization: State: Place: State if applicant or any associate in the application has had an application for a liquor license rejected by any municipality or state authority, if so, give date and details: State if applicant or any associate in the application has ever been convicted of any liquor law violation or any crime in this state, or any other state, or under federal laws, and if so give state and details: State if applicant or any associate in the application is a member of the governing body of the municipality in which this license is to be issued, and if so, in what capacity: City Temporary Liquor License Application — 3.2 Beer Only 08/04/2011 07:02 6516345137 CITY OF ARDEN HILLS PAGE 02 List the names and addresses of three character references: Naxne Address A-old sz,z7 .5,Zwee-)4A. k9t s7w 771 Signature Applicant, and any associates in this application, will strictly comply with all the laws of the State of Minnesota. governing the taxation and the sale of intoxicating liquor; rules and regulations promulgated by the Liquor Control Commissioner; and all ordinances of the municipality, and Z hereby certify that 1 have read the foregoing questions and that the answers to said questions are true of my own knowledge. I further understand that an investigation fee not to exceed $500 shall be charged an applicant by the City or County if the investigatkn is conducted within the State, or the cost not to cxcocd, $10,000 if the investigation is required outside the state. I understand that I xnay withdraw this application at any time before the license is issued, but the license will not be issued until the City Clerk receives the proper documentation and specified fee. No alcoholic bevera es m Applicant Signature in Ci or County parks. Date Notary Public Subscribed and sworn to before me his tj day of 20 (1 My commission expires: (must place notary stamp in box) City Temporary Liquor License Application — 3.2 Beer Only Page 3 of 5 :s k Becky Brazys From: Erickson, Al (DPS) [al.erickson @state.mn.usj Sent: Thursday, August 04, 2011 7:37 AM To: Becky Brazys Subject: RE: Request Becky 3.2 is a city issued license and therefore it would be up to the city's discretion under MN Statute 340A.403 Al Erickson MN Department of Public Safety Alcohol & Gambling Enforcement 444 Cedar St Suite 222 St. Paul MN 55101 651- 201 -7510 651- 297 -5259 - Fax a3.erickson @state.mn.us www.dps.state.mn.us 07/26/2011 14:45 6516345137 vik 1245 W Hwy 96 • Arden Hills MN 55112 Phone 651.792.7500 • Pax 651.634,5 1 www,ci. rden hillsimn.us Properly IT11.01'M a lion Applicant Name and Social Security Number per State Statute 2700,72, Subd. 3 Tom Flaherty CITY OF ARDEN HILLS PAGE 02 Permit # 2011 - License Fee Fundraiser fQr St..1ude - Na fey 2011 OutiIOOr Concert license 1111111.1 I.••— ••••••••••I II I O•• ow.._. A.. ..• °• °•_...ar.111H•p.s..w...._ IY 11.1 °•�••• ^n.11111. _..u.__.._d II Address: 1273 W County Road E, Arden Hills, MN 55112 .111.1•_............_.III Ip. w. ....w.._..I.I.•.•-- ••_.__..�.NI I.p_._._._......bll• p. p......._...MI.N.w.._.._.....HI al 1.._..._�...a aNl..........._.1lLI t.p.... LocniPhoncil 651 - 533.1777 1._.��..r.. 11111 .1._._..._._I.NII.'•_._._n_..�1 Local Fax $I 651- 633.'3086 F %,t :nl.1itfur]i I1i0Tl Business Name; Flaherty's Arden Bowl NV IV? Address; 12731 County Road E Contact Nnmc: - Tom Flaherty Date cif Event — August 20, 2011 Ret1ttircd S111)Tilit1:# iS II11I P.... - -- ......1111/ 1•_. ._.__..s..1111111.............. .111111111........_..._...... -r MN Tax ID # (per State Statute 207C.72, 2, Su17d. 3) 9278934 � 1111.•• •••••• 11111111•'•'_._.._..._ p.1111.'• •_.. Ip11111I.••_ _._.._._._... -- 3) Federal Tax ID # (per State Statute 207C.72, Svhd. 41- 6028894 E CcntactPhonc Number: 651- 633 -1777 City, 1 . „.• Slate, Arden Hills MN Estimated Number of Attendees 260 (depending on weather) Contact Fax Number: 651 - 633 -3086 awr Zip; 55112 Hours of Event Music starts at 5:00 p.m. and will run no later than 9 :00 p.m. • - Insurance of at least $100,040 for bodily injury to any one person, including accidental death, Certificate of Liability Insuran and not less than $00,400 aggregate; property ate• damage liability of at least $100.000 for each accident and not Tess than $100,000 aggregate. Certificate of Worker's Compensation to the minimum acceptable levels of the State of Minnesota. (attached) Diagram i of event layout including parking are event seating, booths, stage, etc. ( attached) C� �g Y Written permission of property owner. (Applicant is property owner.) Applicant Signature r 4 FOR C_,1-11/ USE ONLY ('when upJ rier►'IL): .11•••�_.w_.. COM. DEVELOPMENT CONMMERCIAL INSPISCTOR y.wlnl- CITY CONCH_ I• VIEW Appro ed ; App Approve (t` HI Date Denied: ypnl•._ Oenied; .r11__ Denied; .11 Date; Date; Date: re AcoR© CERTIF1CiE OF LIABILITY 1NSURAE OP ID .s DATE ( MM /DDJYYVY) 11/30/10 THIS CERTIFICATE lS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Maguire Agency 1935 West County Road B-2,#241 Roseville MN 55113 Phone:651-638-9100 Fax:651-638 -9762 WN I AC I NAME: Erik D. Thompson {AH/C °,NN o, EXt): 651-635-2756 FAX No): 651-638-976, E -MAIL ADDRESS: ethompson@maguireagency.com PRODUCER CUSTOMER 1D # FLARE --2 1NSURER(S) AFFORDING COVERAGE NAIC # INSURED Flahertys Arden Bowl, Inc. 1273 West County Road Arden Hills, MN- 555112 INSURER A : SECUPA Insurance A Mutual Co OCCUR INSURER B : Accident Fund InsuranceCompany 10166 INSURER C : 01 /01 /11 INSURER D : EACH OCCURRENCE INSURERE: UAMAGE f0 REN I ED PREMISES (Ea occurrence) INSURER F : ERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AUUL INSR SUthi WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MM!DDIYYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X OCCUR CP003146306-9 01 /01 /11 01/01/12 EACH OCCURRENCE $ 1,000,000 UAMAGE f0 REN I ED PREMISES (Ea occurrence) $ 100,000 CLAIMS -MADE MED EXP (Any one person) $ Excluded GE PERSONAL & ADV INJURY .$ 1,000,000 GENERAL AGGREGATE $ 2,000,000 'L AGGREGATE LIMIT APPLIES PER: RO- POLICY JECT LOC PRODUCTS - COMP /OP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAR EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ WORKERS COMPENSATION AND AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIV OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS YIN N 1 A WCV6051756 01/01/11 01/01/12 WC STATU- OTH- X TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 E.L_ DISEASE - EA EMPLOYEE $ 1. , 0 0 0 , 0 0 0 below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Liquor Liability CP003146306 -9 01/01/1101/01/12 1,000,000 *See Below 2,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) *Each Common Cause CERTIFICATE HOLDER CANCELLATION XARDEN2 City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2009/09) © 1988-2009 ACORD CORPORATION. AU rights reserved. The ACORD name and logo are registered marks of ACORD .4co °0 CERT1F1ChE OF LIABILITY 1NSURAFSE OP 1D JS DATE (MM /OD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Maguire Agency 1935 West County Road B-2,#241 Roseville MN 55113 Phone :651 -638 -9100 Fax:651 -638 -9762 UON I A( 1 NAME: Erik D. Thompson PHONE N No, 651- 635 -2756 FAX AI, No): 651- 638 -9762 -MAIL echo ADDRESS: meson @maguireagency. com PRODUCER CUSTOMER ID It FLAHE - 2 INSURER(S) AFFORDING COVERAGE NAIC # INSURED Flahertys Arden Bowl, Inc. 1273 West County Road E Arden Hills, MN 55112 INSURER A : SECURA Insurance A Mutual Co INSURER B : Accident Fund InsuranceCompany 10166 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES_ LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AUUL INSR SUI3ti WVD POLICY NUMBER POLICY EFF (MIDDfYYYY) POLICY EXP (MMJDOIYYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X OCCUR CPO 0 314 6 3 0 6 - 9 01/01/11 01/01/1z EACH OCCURRENCE $ 1, 0 0 0, 0 0 0 DAMAGE TO REN I ED PREMISES (Ea occurrence) $ 100 , 000 CLAIMS -MADE MED EXP (Any one person) $ Excluded GEN'L PERSONAL & ADV INJURY $ 1, 000 , 0 0 0 GENERAL AGGREGATE $ 2,000,000 AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ I BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIV OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS Y 1 N 1A WCV 6 0 517 5 6 01/01/11 01/01/12 X WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ 1, 0 0 0, 0 0 0 below E.L_ DISEASE - EA EMPLOYEE $ 1 , 0 0 0 , 0 0 0 E.L. DISEASE - POLICY LIMIT $ 1 , 000 , 000 A Liquor Liability CP003146306 -9 01/01/1101/01/12 1,000,000 *See Below 2,000,000 Aggregate DESCRIPTION OF OPERATIONS 1 LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) *Each Common Cause CERTIFICATE HOLDER CANCELLATION XARDEN2 City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2009/09) 1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Cruisini for St. Jude 2011 Motorcycle Ride Finding curcs Saving children. Saturday, August 20th 2011 Flaherty's Arden Hills Bowl 1273 W. County Rd E. Arden Hills, MN 55126 Pre-registration information available: Terry Dehkes @ 612-803-6288 On Site Registration: 8:00 to 10:00am Ride Begins at 10:30 Food, Music, & Prizes beginning at 5:00pm at Flaherty's Ride Donation: $25.00 per bike Passenger $15.00 �` EN HILLS March 3, 2011 Flaherty's Arden Bowl 1273 County Road E West Arden Hills, MN 55112 Attn: Tom As I mentioned in our phone conversation last week, additional research was required to determine whether or not the bike /run event you are proposing is an allowable use in the City of Arden Hills. Our city attorney was consulted and he has prepared a document with his comments regarding your request. I have attached a copy for your review. As you will note there are four points of concern. But the biggest stumbling blocks appear to be Items 3 and 4 relating to your on -sale liquor licenses and your eligibility for a temporary liquor license. If, after reviewing the attachment, you have any questions or would like to discuss this further, please give me a call at 651- 792 -7811. cca Bra eputy Clerk cc: Sue Iverson f� Patrick Klaers Jerry Eilla City of Arden Hills • 1245 West Highway 96 • Arden Hills, MN • 55112 -5743 Phone 651.792.7800 • Fax 651.634.5137 • www.ci.arden- hiils.mn.us Warren E. Peterson Jerome P villa Daniel Wit franc Glenn A. Bergman John Michael Miller Michael I'. )berle Steven H_ 3runs• Paul W. Fairi ing ' Sonia R_ flai z Ben 1_ Rust Jonathan RCuskey Tracy J. Halliday Jared M. Goerlitz Dan M. Duffel* PFTERscx\ FRAM&BERGMAN PROFESSIONAL ASSOCIATION February 28, 2011 Rebecca Brazys City Clerk City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 Re: Flaherty's Arden Bowl Becky: Suite 800 55 East Fifth Street St Paul, MN 55101- 1 718 1651) 291 -8955 1651) 228 -1 753 facsi mile www.pfb -pa_ corn (651)290 -6907 jfilla @pfb- pa.com VIA EMAIL In regard to the bike /run event proposed by Flaherty's Arden Bowl to be held Y this Fall, I offer the following comments: 1. Raffle licenses are issued by the Minnesota Gambling Control Board. d. Flaherty's Arden Bowl would need to check with the Board to see if they qualify s Y q fY this type of license and whether raising money for St. Jude's Hospital is a lawful purpose. In addition, the City would have to approve the location where the raffle would be held (Minn. Stat. §349.213, Subd. 2). 2. Flaherty's Arden Bowl would need to obtain a Iicense from the City f ©r an outdoor concert (Arden Hills City Code §320.10, Subd. 10). The City Council would need to approve Y pp the license. 3. Flaherty's Arden Bowl is not eligible for a temporary on -sale intoxicating p Y g liquor license or for a temporary on -sale 3.2 % malt liquor Iicense because it is not a club; or a charitable, religious or non - profit corporation (Arden Hills City Code Subd. 6). §500.03, Subd. 3 and Sub Y 4. The current on -sale licenses held by Flaherty's Arden Bowl only apply to with. y pp Y sales within its building and do not apply to its parking lot area. If you have any questions, please contact me. JPF /jrn.t C: Patrick Klaers Very truly yours, 'ALSO ADMITTED IN WISCONSIN me . Filla