CITY of RAPID CITY

Agenda Item Summary

Meeting Date: 12/21/2015

Civic Center Board: 11/24/2015

Staff Contact: Wade Nyberg

City Council: 12/21/2015

Applicant: Fat Boys, Inc. d/b/a Firehouse Wine Cellars

Location: Rushmore Plaza Civic Center

Agenda Title:

Fat Boys, Inc SPECIAL EVENT Off-Sale Package Wine Dealer License for an Event Scheduled for January 29, 2016 through February 7, 2016 at Black Hills Stock Show, Rushmore Plaza Civic Center, 444 N. Mt Rushmore Rd

Summary:

Fat Boys Inc./Firehouse Wine Cellars is requesting a special event off-sale package wine license in order to sell wine at the Civic Center during the Black Hills Stock Show.  While the wine sold will be package off-sale (not for consumption on the premises), the intention of Firehouse is to offer samples of its wine to the general public.  This has raised some concerns, and the Civic Center Board and management have discussed those concerns with the Applicant. Applicant has assured the Civic Center that appropriate steps will be taken to verify age.  Also, the Applicant intends to limit samples in accordance with state law as it applies to package off-sale licensees.  The Civic Center management and City Attorney’s Office are requesting that approval of the license be subject to the stipulations below, so that any issues can be addressed by Civic Center Management and/or the Police Chief if problems arise.

>Proposed Stipulations:

1.      Applicant shall make all reasonable efforts to ensure no minors are sold, served or furnished with alcohol.

2.      Applicant shall abide by the sample limits contained in 35-4-10.2, specifically the following:

a.       Samples shall be free.

b.      Samples must be consumed on the licensed premises.

c.       Samples shall only be furnished during the hours permitted for off-sale alcohol sales.

d.      Samples shall be no larger than 50mL of wine.

e.       No more than 3 varieties of wine may be sampled in any one day.

f.       No more than 3 samples may be furnished to any individual.

3.      The Civic Center Executive Director and/or the Police Chief shall have the discretion to further limit or disallow the providing of samples for any violation of city ordinance, state law, or the stipulations of the license.

4.      The Civic Center Executive Director and/or the Police Chief shall have the discretion to revoke the license for repeated incidents of consumption of the wine sold by the Applicant in the Civic Center in violations of city ordinance and state law.

Funding Source & Fiscal Impact (if applicable):

N/A

Recommendation:

Action: Choose an item. APPROVE WITH STIPULATIONS

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