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Home My WebLink AboutAlcohol Beverage Control - Chipotle Mexican Grill 2501CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: APPROVE APPLICATION FOR TYPE 47 ALCOHOLIC BEVERAGE LICENSE FOR CHIPOTLE MEXICAN GRILL STORE #2501 AT THE SOUTHEAST CORNER OF MONTERREY AVENUE AND DINAH SHORE DRIVE IN THE DESERT GATEWAY SHOPPING CENTER SUBMITTED BY: Lauri Aylaian, Director of Community Development APPLICANT: Chipotle Mexican Grill, Inc. 1401 Wynkoop Street, Suite 500 Denver, CO 80202 DATE: February 12, 2015 CONTENTS: Type 47 License Application dated December 19, 2014 Recommendation By Minute Motion approve Type 47 Alcoholic Beverage License for Chipotle Mexican Grill Store #2501, allowing the on -site sale and consumption of beer, wine and spirits, and the sale of carry -out beer and wine. Background At the January 22, 2015, meeting of the Palm Desert City Council, Councilmember Sabby Jonathan requested additional information concerning an application by Chipotle Mexican Grill, Inc. ("Chipotle") for the sale of alcohol. In response to that question, staff hereby provides the City Council with the following information. Chipotle frequently offers beer, wine, and Margaritas on their menu. In California, when they are able, they obtain a Type 47 Alcoholic Beverage License. This type of license allows them to sell beer, wine, and Margaritas that are consumed on the premises, and to sell beer and wine that can be carried out of the restaurant and consumed elsewhere. This is the type of license that they have at the Chipotle restaurants in Desert Crossings and in Palm Springs. In other locations, they settle for a Type 41 license, which allows sale of beer and wine for consumption on or off the premises. This is the type of license that Chipotle has in La Quinta. Staff Report Chipotle Mexican Grill Liquor License Page 2 of 2 February 12, 2015 The new Chipotle restaurant in Palm Desert will be opened at the Desert Gateway Shopping Center. This center currently has two restaurants, Pho Vu and El Ranchito Taco Shop, that have Type 41 licenses (beer and wine for on -site consumption or carry out), but no other Type 47 licenses (beer and wine for on- or off -site consumption, plus spirits for on -site consumption). By comparison, the Desert Crossings center has two restaurants with Type 41 licenses —the French Corner and Chuck E. Cheese's—plus two restaurants with Type 47 licenses, Chipotle Mexican Grill and Island's Fine Burgers & Drinks. Staff recommends approval of Chipotle's request for a Type 47 Alcoholic Beverage License for the following reasons: it will allow Chipotle to conduct business according to a formula that has been successful for them in the past; there does not appear to be an unreasonable or unusual concentration of Type 47 licenses in the proximity of the new restaurant; none of the City departments that reviewed the application had any concerns regarding the proposed licensure, and no elevated policing problems have been experienced associated with the Chipotle Grill in the Desert Crossings center. Fiscal Analysis A nominal increase in sales tax revenue to the City can be expected by virtue of approval of a Type 47, rather than Type 41, Alcoholic Beverage License. Submitted By: Lauri Aylaian, Community Dev o ment Director M. Wohlmuth, City Manager \\srv-fil2k3\groups\Planning\Lauri Aylaian\Staff Reports\Chipotle Liquor License 2-12-15.doc I D Department of Alcoholic Beverage Control CONDTLT )? ,' .; -A_L State of California APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) ABC 211 (6/99) TO:Department of Alcoholic Beverage Control 34-160 GATEWAY DR. STE 120 PALM DESERT, CA 92211 (760)324-2027 File Number: 549391 Receipt Number: 2270527 Geographical Code: 3318 Copies Mailed Date: December 19, 2014 Issued Date: DISTRICT SERVING LOCATION: PALM DESERT First Owner: CHIPOTLE MEXICAN GRILL INC Name of Business: Location of Business: County: Is Premise inside city limits? Mailing Address: (If different from premises address) CHIPOTLE MEXICAN GRILL STORE #2501 SEC MONTERREY AVE & DINAH SHORE DR PALM DESERT, CA 92211 RIVERSIDE Yes 1401 WYNKOOP ST STE 500 DENVER, CO 80202 Census Tract 0449.22 .0 MC CO N Type of license(s): 47 Transferor's license/name: Dropping Partner: Yes No License Type Transaction Type Fee Type Master pup Date Fee 47 - On -Sale General Fating ANNUAL FEE P40 Y 0 12/19/14 $876.00 47 - On -Sale General Eating ORIGINAL FEES NA Y 0 09/15/14 $13,800.00 Total $14.676.00 Have you ever been convicted of a felony? No Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the Department pertaining to the Act? No Explain any "Yes" answer to the above questions on an attachment which shall be deemed part of this application. Applicant agrees (a) that any manager employed in an on -sale licensed premises will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of RIVERSIDE Date: September 15, 2014 Under penalty of perjury, each person whose signature appears below, certifies and says. (I ) I le is an applicant, or one of the applicants, or an executive officer of the applicant corporation, named in the foregoing application, duly authorized to make this application on its behalf, (2) that he has read the foregoing and knows the contents thereof and that each of the above statements therein made are true, (3) that no person other than the applicant or applicants has any direct or indirect interest in the applicant or applicant's business to be conducted under the license(s) for which this application is made. (4) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer application is filed with the Department or to gain or establish a preference to or for any creditor or transferor or to defraud or injure any creditor of transferor, (5) that the transfer application may be withdrawn by either the applicant or the licensee with no resulting liability to the Department. Effective July I, 2012, Revenue and ,raxation Code Section 7057, authorizes the State Board of Equalization and the Franchise Tax Board to share taxpayer information with Department of Alcoholic Beverage Control. The Department may suspend, revoke, and refuse to issue a license if the licensee's name appears in the 500 largest tax delinquencies list. (Business and Professions ('ode Section 494.5.) Applicant Name(s) CHIPOTLE MEXICAN GRILL INC Applicant Signature(s) See 211 Signature Page A n� r" :Cox r M. elmo r^ m rn N7k— rn -i0p n� Dn m PA tJ I `f <il,, RFfi i?lai CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM To: BUSINESS LICENSING, ,DIRECTOR• - OR. BI�J��?IhkG;,. CODE COMPLIANCE, DIRECTOR OF COMMUNITY DEVELOPMENT, DIRECTOR OF PUBLIC WORKS, ECONOMIC DEVELOPMENT MANAGER, COVE COMMUNITIES FIRE MARSHAL, PALM DESERT POLICE DEPARTMENT From: RACHELLE D. KLASSEN, CITY CLERK Date: DECEMBER 26, 2014 -�A Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICEN A copy of the subject ABC License is attached for your review and recommendation to the City Council for receiving and filing or to one of the other named departments for further action. Please mark the appropriate response below and return to me IV Wednesday, January 7. 2015. No response by this date will be considered a "No Co►7ment." Responding Department: •F3U I LZWO Date: T Response: o No comment — okay to present to City Council. u Refer to sheets, if necessary): - related comments (attach additional Cl Other — Additional comments (attach additional sheets, if necessary): CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM To: BUSINESS LICENSING, DIRECTOR OF BUILDING & SAFETY, DIRECTOR OF COMMUNITY DEVELOPMENT, DIRECTOR 'OF PUBLIC WORKS, ECONOMIC DEVELOPMENT MANAGER, COVE COMMUNITIES FIRE MARSHAL, PALM DESERT POLICE DEPARTMENT From: RACHELLE D. KLASSEN, CITY CLERK / Date: DECEMBER 26, 2014 Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY Chipotle Mexican Grill Store #2601, SEC Monterey/Dinah Shore, Palm Desert A copy of the subject ABC License is attached for your review and recommendation to the City Council for receiving and filing or to one of the other named departments for further action. Please mark the appropriate response below and return to mety Wbdnesday, January 7. 2015. No response by this date will be considered a "No Comment." Responding Department: G,,pL:�' Co&tPc,»., e- Date: (Z -3t - tY4 Response: VNo comment — okay to present to City Council. Refer to sheets, if necessary): - related comments (attach additional Cl Other — Additional comments (attach additional sheets, if necessary): CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM City of Palm Desert Community Development DEC 2 9 2014 To: BUSINESS LICENSING, DIRECTOR OF BUILDING & SAFETY, CODE COMPLIANCE, #PIRECTOR OF COMMUNITY DEVELOPMENT4 DIRECTOR OF PUBLIC WORKS, ECONOMIC DEVELOPMENT MANAGER, COVE COMMUNITIES FIRE MARSHAL, PALM DESERT POLICE DEPARTMENT From: RACHELLE D. KLASSEN, CITY CLERK Date: DECEMBER 26, 2014 '-�A Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY �Chipotle Mexican Grill Store #2501. SEC Monterey/ Dlrtgh- Shofe. Palm Desert A copy of the subject ABC License is attached for your review and recommendation to the City Council for receiving and filing or to one of the other named departments for further action. Please mark the appropriate response below and return tome y Wednesday, January 7. 20151 No response by this date will be considered a "No Comme t." Responding Department: c:-::� - Date: S Response: k"'No comment — okay to present to City Council. ❑ Refer to sheets, if necessary): - related comments (attach additional Ej Other — Additional comments (attach additional sheets, if necessary): CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM To: BUSINESS LICENSING, DIRECTOR OF BUILDING & SAFETY, CODE COMPLIANCE, DIRECTOR OF COMMUNITY DEVELOPMENT, \DIRECTOR OF- PUBLIC WORKS, ,ECONOMIC DEVELOPMENT MANAGER, COVE COMMUNITIES FIRE MARSHAL, PALM DESERT POLICE DEPARTMENT From: RACHELLE D. KLASSEN, CITY CLERK / Date: DECEMBER 26, 2014 Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY N Chiaotle Wkican Grill Store #2501', 'SEC MonteLby/Dinah'Shore. Palm Desert A copy of the subject ABC License is attached for your review and recommendation to the City Council for receiving and filing or to one of the other named departments for further action. Please mark the appropriate response below and return to me Illy Wedtld4itiEaV, January 7, 2015. No response by this date will be considered a "No Comment." Responding Department: Date: zz Response: No comment — okay to present to City Council. ❑ Refer to sheets, if necessary): - related comments (attach additional Cl Other —Additional comments (attach additional sheets, if necessary): CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM To: BUSINESS LICENSING, DIRECTOR OF BUILDING & SAFETY, CODE COMPLIANCE, DIRECTOR OF COMMUNITY DEVELOPMENT, DIRECTOR OF PUBLIC WORKS, ECONOMIC DEVELOPMENT MANAGER, %COVE COMMUNITIES FIRE MARSHAL] PALM DESERT POLICE DEPARTMENT From: RACHELLE D. KLASSEN, CITY CLERK Date: DECEMBER 26, 2014 Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY h Chipotle Mexican Grill Store #2501, SEC Monterey/Dinah Shore, Palm Desert A copy of the subject ABC License is attached f Council for receiving and filing or to one of the Please mark the appropriate response below and No response by this date will be considered a ` Responding Departme or your review and recommendation to the City other named departments for further action. return to me bV Wednesday. January 7. 2015. No comment — okay to present to City Council. n Refer to sheets, if necessary): Date: f — a-> - / 6� - related comments (attach additional D Other —Additional comments (attach additional sheets, if necessary): CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM To: BUSINESS LICENSING, DIRECTOR OF BUILDING & SAFETY, CODE COMPLIANCE, DIRECTOR OF COMMUNITY DEVELOPMENT, DIRECTOR OF PUBLIC WORKS, ECONOMIC DEVELOPMENT MANAGER, COVE COMMUNITIES FIRE MARSHAL, 4'PALM, DESEF4LiGi� DEPARTMENT, From: RACHELLE D. KLASSEN, CITY CLERK / Date: DECEMBER 26, 2014 Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY f#Chipotle Mexican Grill Store #2501, SEC Monterey/Dinah Shore, Palm Desert A copy of the subject ABC License is attached for your review and recommendation to the City Council for receiving and filing or to one of the other named departments for further action. Please mark the appropriate response below and return to me by Wed4yesda :JanuarV 77201s No response by this date will be considered a "No Comment." Responding Department: Date: Response: k- No comment — okay to present to City Council. Ej Refer to sheets, if necessary): - related comments (attach additional 11 Other — Additional comments (attach additional sheets, if necessary):