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#4 License agenda JANESVILLE CITY COUNCIL LICENSE AGENDA 4/12/2010 RECOMMENDED A. ELECTRICIANS–ORIGINAL Robert A. Agnew N3581 Birchwood , Poynette, WI Bruce W. Calloway W7541 Koshkonong, Ft. Atkinson, WI Daniel D. Douglas N5735 Frances Cir., Albany, WI Frank C. Thomas 3802 Falcon Ridge Dr. Bruce E. VanHoozen 1486 Hwy. C, Saint Germain, WI B. MASSAGE TECHNICIAN - ORIGINAL Amber S. Kaufman 308 W. Runyard, Winnebago, IL C. CHANGE IN PREMISE TO ALLOW 2517 SF EXPANSION. CEC ENTERTAINMENT, INC. d/b/a CHUCK E. CHEESE’S 2500 Milton Ave. #177 D. CHANGE IN PREMISE TO ALLOW OUTDOOR SEATING AS RECOMMENDED BY THE ALAC (See attached memo, minutes, and floor plan). BOTW, INC. d/b/a SIDEKICKS SALOON 3502 Milton Ave. E. ORIGINAL RESERVE CLASS B INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGE LICENSE FUJI STEAKHOUSE, INC d/b/a FUJI STEAKHOUSE 2235 Milton Ave. Community Development Department Memorandum Date: April 6, 2010 TO: City Council FROM: Gale S. Price, AICP, Building & Development Services Manager SUBJECT: Amendment to licensed premise to include an outdoor patio area for Sidekicks Saloon, 3502 Milton Avenue. Summary The City Council approves amendments to licensed premises for all alcohol establishments. The Council has been reviewing a number of amendments over the past year to allow outdoor seating at licensed establishments ahead of the smoking ban that will become law in July. The City Clerk has received a request for Sidekicks Saloon at 3502 Milton Avenue to approve a license amendment to establish an outdoor seating patio. Committee and Staff Recommendation The Alcohol License Advisory Committee and Staff recommend that the City Council approve the request for amending the liquor license for Sidekicks subject to the dividing wall between the entrance to the restaurant and the exit path to the patio be at least 8 feet in length and removal of stained glass at the top of a partial wall between the bar and the entryway. Suggested Motion This item is scheduled for the consent agenda and will not require an individual motion unless removed from the consent agenda. Request Sidekicks Saloon has submitted a patio area plan for review and approval by the Alcohol License Advisory Committee and the City Council. The patio area would be located at the northwest corner of the building and would be 18 feet by 18 feet (324 square feet in area). The patio would be placed in a manner that would allow the existing two door airlock to be modified to have one door as the entry into the restaurant and one door as the exit from the restaurant into the patio area. The modification would split the airlock into two distinct areas and then include a half-wall into the restaurant from the interior wall of the airlock. The patio will include a 48 inch fence around it and will be the same fence as what is shown in the attached picture. Analysis Staff was concerned about the request of the petitioner which included only a six foot long wall to separate the entrance into the tavern from the point at which a patron could enter the patio. The concern was based on what distance into an establishment must a patron travel to be properly identified by staff before they enter into the patio area. Essentially staff did not feel that a six foot divider was sufficient especially given that there is intervening space between the bar area and the entry to the patio. The proposed configuration is unique in that a patron does not need to traverse a great length of the bar or restaurant to get to the patio area. The patron would walk six feet (as proposed) into the facility, go around the half wall and walk six feet out into the patio area. A total distance of twelve to fifteen feet would be all that was needed to enter the patio. Given the configuration of the building it is difficult to retrofit a new door in the exterior wall without significantly affecting seating within the facility. There is also a half wall with stained glass on top that would limit visibility of people entering the space. After further discussion by Staff and review of the request by the Alcohol License Advisory Committee, it was determined and ultimately recommended that the requested patio should be approved with two conditions, that the dividing wall between the entry side and exiting to the patio be eight feet in length (rather than the originally requested six feet) and the stained glass on the top of the partial wall between the bar and the entry way be removed to increase the visibility of the entry to the patio.