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 The Class D License for the city is a Wine Cellar License that
was created at the request of the Owls Roost, which is now closed.
The Liquor Commission granted that request and made only one license
available under this classification. With the Owl’s Roost no longer
in business that one license is open and could be given to another
qualifying business.
The language for the Class D License is as follows:
Class D: Class D
(wine cellar) shall entitle the licensee to sell wine by the glass
for consumption on the premises and by the bottle for consumption on
or off the premises. The licensee shall prohibit anyone from leaving
the licensed premises with a partial bottle of wine that has been
opened on the licensed premises. The license fee for a Class D
license shall be seven hundred dollars ($700.00), payable in
advance. The hours of a class D license shall be seven o'clock
(7:00) A.M. to ten o'clock (10:00) P.M. weekdays and Saturdays. The
Sunday hours for a class D license shall be eleven o'clock (11:00)
A.M. to ten o'clock (10:00) P.M. (Ord. 703, 11-16-2009)
Tuesday evening, city administrator Clay Johnson said that there is
a prospective new business looking to come to the downtown area. The
business would qualify as a Wine Cellar under the current provision
but would like to include the sale of craft beers. This business
owner has requested that the license be amended to that effect.
Johnson said that the requested amendment would allow the business
to sell craft beer or wine by the glass inside the business
establishment. It would also allow for the sale of those products by
the bottle, to be removed from the premises for consumption.
Johnson said the amendment also included a change of hours. The
current license permits the establishment to be open from 7 a.m. to
10 p.m. on weekdays and Saturdays, and from 11 a.m. to 10 p.m. on
Sundays. Johnson said that the closing hours had been pushed to
midnight, seven days per week. Johnson said that the business
doesn’t believe it can qualify for a Class B (tavern, bar, saloon,
lounge, bowling alley, pub) license because of the stipulation that
at least 50 percent of sales must be in-house consumption.
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Jonie Tibbs asked who the prospective business owner was, and Johnson said he
didn’t believe the owner was ready to make that information public. He added
that he did feel that “it is moving in a positive direction” and believes the
business will open with the amended license.
Scott Cooper noted that craft beer is becoming a trend, and he felt that the
city should accommodate the request and encourage that opportunity locally.
Jeff Hoinacki asked about how many of these amended license would be issued.
Johnson said at the time, there is a provision for only one, and the city’s
liquor commission is not looking to change that.
Under law, a municipality has the right to limit the number of the licenses
available for each class. Todd Mourning asked about this and Johnson explained
that the city can do as it deems fit. For the time being one Class D License is
all that is needed, and is what the city and the liquor commission have felt was
appropriate. However, the commission has and can recommend additional licenses
as it sees fit, and the city can support or deny that recommendation as it sees
fit.
When the discussion came to an end, the council agreed to put the requested
amendment on the voting agenda for Monday night.
[Nila Smith]
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