Title
Resolution to Reaffirm prior Recommendation of Approval of Issuance of a Downtown Development District Liquor License to Trifecta Productions, LLC (d/b/a Tomukun Noodle Bar)
Memorandum
On December 18, 2009, City Council passed Resolution R-09-497, recommending that the Michigan Liquor Control Commission (MLCC) issue a downtown development district license to Trifecta Productions, LLC (d/b/a Tomukun Noodle Bar) to be sited at 505 E. Liberty Street, Ann Arbor.
Upon Council approval and the payment of City fees, the application and Council resolution were sent to the MLCC for further review and investigation. The applicant was subsequently notified on January 20, 2010 that the City's resolution did not contain clear language stating that the specific applicant at the specific location was approved "above all others" for the issuance of a Class C license under MCL 436.1521A(1)B. Specifically, the MLCC has requested the addition of the statutory citation to the text of the R-09-487 approving resolve clause. Further the MLCC is also requiring that the resolve clause of the resolution indicate that the proposed location of the license is within the development district area.
The attached resolution restates and clarifies. In accordance with MLCC's request, the City's recommendation for issuance of the license and will allow Trifecta Productions, LLC to proceed with their application at the State level.
Staff
Prepared by: Jacqueline Beaudry, City Clerk
Sponsored by: Council Liquor License Review Committee
Body
Whereas, In 2006 in an effort to promote economic development in qualifying communities, the Michigan Legislature passed Act 501 of the Public Acts of 2006 ("Act") which Act established the criteria for development area liquor licenses;
Whereas, Pursuant to the Act, the City of Ann Arbor may authorize the approval of certain on-premises liquor licenses, irrespective of the availability of on-premises licenses from quota to applicants within a designated development project area meeting certain established criteria;
Whereas, The Act requires a resolution from the governing body of the community that establishes and certifies certain criteria, including a certification that the community has created a qualifying development area, and approving an applicant at a location within a development area before that applicant may apply to the Michigan Liquor Control Commission for a development area liquor license;
Whereas, The City Council of Ann Arbor adopted Resolution R-08-024 on February 4, 2008 establishing the Ann Arbor Downtown Development District as a development district for liquor licensing in accordance with the requirements of Public Act 501 of 2006 and the Michigan Liquor Control Commission ("MLCC");
Whereas, Trifecta Productions, LLC has submitted an application to the City requesting City approval and recommendation to the MLCC of issuance of a downtown development district liquor license;
Whereas, Trifecta Productions, LLC meets the statutory requirements for a development area liquor license as it will engage in the business of dining, entertainment or recreation, will be open to the general public and will have a seating capacity of not less than 50 persons; and
Whereas, Trifecta Productions, LLC has provided evidence with its application that it can document the expenditure to the Michigan Liquor Control Commission, of not less than $75,000.00 in the rehabilitation or restoration of the building that houses the licensed premises over the preceding 5 years as required by the Act; and
Whereas, The designated premises, 505 E. Liberty Street is within the established boundaries of the development district and the type and character of the dining establishment and the service it provides to the downtown community and the general public qualify it as appropriate for designation "above all others" at that specific location;
Whereas, The Council Liquor Committee having been fully advised of the application of Trifecta Productions, LLC and having made the following finding
q That Trifecta Productions, LLC (d/b/a Tomukun Noodle Bar) will be a restaurant within the development area which meets the criteria for issuance of a license as of the effective date of the Act
q That Trifecta Productions, LLC will provide a new/unique contribution to the mix of establishments within the development area
q That the designated premises, 505 E. Liberty Street, is an appropriate location for a liquor license under applicable planning and development plans of the City
q That, based on the applicant's statement as to how the issuance of a license will benefit the development district and the City, including its anticipated business plan, it is appropriate on the facts presented and for this location and this business only, to recommend the issuance of a license for beer, wine and liquor (consistent with the MLCC terminology "Class C" license) and to make no specific restriction on the hours of operation.
does recommend to City Council the application of Trifecta Productions, LLC for recommendation to the MLCC for approval "above all others"; and
Whereas, Trifecta Productions, LLC has been informed that final approval of a license at 505 E. Liberty Street will be subject to approval by the Michigan Liquor Control Commission and a background investigation and approval by this body;
RESOLVED, That City Council recommend for the reasons stated above that the Michigan Liquor Control Commission consider the request from Trifecta Productions, LLC (d/b/a Tomukun Noodle Bar), 505 E. Liberty Street, Ann Arbor, MI 48104, for Approval "Above All Others" for the issuance of a Class C license under MCL 436.1521A(1)B and that the application be recommended for issuance of a Development District Liquor License;
RESOLVED, That City Council affirms that Trifecta Productions, LLC (d/b/a Tomukun Noodle Bar) located at 505 E. Liberty Street, is within the established boundaries of the development district (City of Ann Arbor Downtown Development District boundary) and the type and character of the dining establishment and the service it provides to the downtown community and the general public qualify it as appropriate for designation "above all others" at that specific location; and
RESOLVED, That the City Clerk forward a copy of this resolution to Trifecta Productions, LLC and the Michigan Liquor Control Commission.
Sponsored by: City of Ann Arbor Liquor License Review Committee