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mDATE:
January 4, 2018
TO:
Mayor Gonzales & City Councilors
VIA:
"73L>)-
Brj;t?k. Sny8er, 6ity Manager FROM:
ITEM & ISSUE Request from Opuntia Cafe, LLC (the "Applicant"), for a Restaurant Liquor License (Beer and Wine), with on-premise consumption and patio service. BACKGROUND AND SUMMARY Opuntia Cafe, LLC, has requested the issuance of a Restaurant Liquor License (Beer and Wine), with on-premise consumption and patio service to be located at Opuntia Cafe, 922 Shoofly Street. Opuntia Cafe is not within 300 feet of a church or school.
Attached are staff reports regarding litter, noise and traffic. Staff does not anticipate a substantial change in litter and noise or any unacceptable traffic impacts due to the approval of this request. The Applicant can no longer serve cooked food until they install a hood and fire suppression system as required by the City Fire Marshall. As a condition of approval, the Applicant is required to comply with all Fire, Building and Land Use Code Requirements, including the requirements imposed by the Fire Marshall, prior to release of City licenses. Additionally, staff is recommending that it be noted that the Applicant is required to comply with all of the City's ordinances as a condition of doing business within the city of Santa Fe. ACTION REQUESTED I request that the Governing Body indicate its decision on the issuance of a Restaurant Liquor License (Beer and Wine), with on-premise consumption and patio service, to be located at Opuntia Cafe, 922 Shoofly Street with the condition that a hood and fire suppression system be installed prior to the release of the City liquor license.
Attachments:
Alcohol & Gaming Division Application Notice of Public Hearing Staff Reports
1
New Mexico Regulation and Licensing Department ALCOHOL AND GAMING DIVISION P.O. Box 25101 • Santa Fe, i':ew :\Icxico t\7.'iO-l 5101 (.'i05) 476-41:P.'i • h1x (505) 4 7 6 4595 • WW\\'.rlti.~tatc.nm.us/alcoholandgaming
November 17, 2017 Susana Martinez Governor Robert "Mike" Unthank Superintendent
Certified Mail No.: 9171 9690 0935 0079 1724 14
City of Santa Fe Attn: Yolanda Vigil, Clerk PO Box 909 Santa Fe, NM 87504-0909
Alex Sanchez Deputy Superintendent Claudia Armijo Deputy Cencrnl Counsel Mary Kay Root Director
Re: Lie. No. /Appl. No.:
Application No. 1067100
Name of Applicant: Opuntia Cate, LLC Doing Business As: Opuntia Cafe Proposed Location: 922 Shoofly Street, Santa Fe, NM 87505 Greetings: The Director of the Alcohol and Gaming Division has reviewed the referenced Application and granted Preliminary Approval. It is being forwarded to you for Local Option District approval or disapproval of the Liquor License Application. While the law states that "within forty-five (45) days after receipt of a Notice from the Alcohol and Gaming Division. the governing body shall hold a Public Hearing in the question of whether the department should approve the proposed issuance or transfer". we recognize the potential for conflict between the requirement for publication of 30 day notice and the 45 day hearing requirement. Should the Local Governing Body be unable to meet one of these requirements. please send a Request for Waiver/Extension by email to the assigned AGO Hearing Officer listed on page 2.
Alcohol and Gaming Division (505) 476-487 5 Bo,m.Js and ( :rn111ni:-;sions I )1\:ision ('ill.SJ 47(, ..!(,llil 2-$..rr C£J2J211 J .D~J rh,rrA fr~ r'3J5l)S ---
- l()bO
6. Distance from military installation
*(Property line o{military i11sw/latio11 to closest point ol/icensed premises-shortest distance.)
01 lb uqucrquc ) , w1· · circ!eone:.K···:_,, dA'1r F' orce__8"' 1 Jtary I nsta 11 atwn, , ..~J.J.J.J.ian___ .9.,&..l.A 11te S . an ds M.1ss1·1 e Range (LC' as ruces ), N ame oi'M't· ! ,/ l ... ~ . - - - - ..
Miles:
"14olloman Air Force Base (Alamogordo), Cannon Air Force Base (Clovis)
1,...~
7. Attach Detailed Floor Plan, must include the Total Square Footage of premises; List nearest cross street; Show which direction is North; Show each level (floor) where alcoholic beverages will be sold or consumed, exterior walls, doors, and interior walls; Patio Area with type of barrier used; Highlight Bonded Areas. The floor plan should be no larger than 8 1/2 x 11 inches and must be labeled with designated areas highlighted, which will reflect the proposed Licensed Premises.
8. Type of Operation: D Hotel
D Small Brewer D Other
DLounge
Dcraft. Distiller
D Package Grocery
Dwinery
Qg Restaurant
D Racetrack
Dwholesaler
Jfthe distance is beyond 300 feet, but less than 400 feet, a Registered Engineer or Licensed Surveyor must complete a Survey Certificate showing the exact distance.
5
xterior wall/fence
5
__:;;;,;;.::;._~_...--·--. '''I t;
Kitchen OfficeiStoroge
dining
i
15' p
10
I*
I
CJ
s,torero
5 ft exterior wall/fence -\Nood
exit to patio
enterance
I
r~-
~&~ R'@td'i!-
c
1'
A._._-,e--,...,....,...~'----Q
-
~,·-:=.
patio exit, 1 way swinging gate:
6
CITY OF SANTA FE NOTICE OF PUBLIC HEARING
Notice is hereby given that the Governing Body of the City of Santa Fe will hold a public hearing on Wednesday, January 10, 2018, at its regular City Council Meeting, 7:00 p.m. session, at City Hall Council Chambers, 200 Lincoln Avenue. The purpose of this public hearing is to discuss a request from Opuntia Cafe, LLC, for a Restaurant Liquor License (Beer and Wine), with on premise consumption only and patio service, to be located at Opuntia Cafe, 922 Shoofly Street, Santa Fe. All interested citizens are invited to attend this public hearing.
Kianda Y. Viii ty Clerk
Received by The New Mexican on Date
-------------
To Be Published On-+/..... Z.+-'/1'-'-4t/c-,..{-1-1----
7
ity of
nta e,
e'W'
exic
200 Lincoln Avenue, P.O. Box 909, Santa Fe, N.M. 87504-0909 www.santafenm.gov
Councilors:
Javier M. Gonzales1 Mayor
Peter N. Ives, Mayor Pro Tern, Patti J. Bushee, Signe I. Lindell, Joseph M. Maestas, Carmichael A. Dominguez, Christopher M. Rivera, Ronald S. Trujillo, Bill Dimas,
DATE:
January 3, 2018 for the City Council Meeting of January 10, 2018
TO: VIA: Lisa Martinez, Director, Land Use Departmen
FROM:
;---
Antoinette Padilla, Code Enforcement Specialis~
~
ITEM AND ISSUE Litter and noise impact assessment, due to a request from Opuntia Cafe, LLC, for a Restaurant Liquor License (Beer and Wine), with on-premise consumption only and patio service, to be located at Opuntia Cafe, 922 Shoofly Street, Santa Fe, New Mexico.
BACKGROUND AND SUMMARY A substantial change in litter and noise due to this request is not anticipated.
8
Dist. Dist. Dist. Dist. Dist. Dist. Dist. Dist.
2 1 1 2 3 3 4 4
20()
/
/11•1,,,. L,/ '.•\
,,!
Avenue. P
I
number or customert who walk
10. Has liquor ever been sold at this business site? _yes ~o
U.
Uthe auwer to question #10 Is yes, Indicate the name of the establishment and the year(s) that liquor nles occurred. Name __ ~ -_ -_ --_ -_ ~_ -_ ,-_ -_ --_ -_ -~ -_ ---_ Ycar(s)__ _ __-_ __-_ __ __ _~ __ __
.,;, 12, Indicate which or the following statements best reOccts your opinion regarding traffic Impacts If th1s request ls approved. -,, traffic can be expected to lncrcue on adjacent stn:cts If this request ls approved ~traffic will not Increase on adjacent 1trects If this «quest b approved
Name of person completing this form Telephone number t;'{ .J Date
()e__ (;
6
~ /
D})
~Y. -
C'f ~ 1 / ~ _r-1 <Mo, J
OC, {)
(For City Use Only)
Basep upon the luformation provided above, stafl bas the following comments: · £ i t docs not appear that the approval or this request will create any unacceptable traffic Impacts. _ J t appears that the approval or this «quest will create unacceptable traffic Impacts (see comments below). _ _Other comments _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ By~-
~~-----
Date
IZ- 214 / 2,C//r
TitlZ~·c
La,•;,.,;..,,,c-,...r 7
2 af2
12
RE:Liquor License Application - Opuntia Cafe, LLC,. dba Opuntia Cafe Location - 922 Shoofly Street
Santa Fe Public Schools
.t ... •
ELEMENTARY MIDD\.E COMMUNITY
.t
HIGH
.t
ALTERNATNE· CHARTER
Private, College, a nd Other NM Sdlool tor the Deaf
!
PRNATE
R
COUEGE
d
Place o!W:l<ship
~ Day care Centers
This infomiation is for reference only. The City of Santa Fe assumes no liability for errors associated with the use of these data. Users are solely responsible for confimiing data accuracy when necessary.
0
13
300 Feet
mDATE:
January 4, 2018
TO:
Mayor Gonzales & City Councilors
VIA:
"73L>)-
Brj;t?k. Sny8er, 6ity Manager FROM:
ITEM & ISSUE Request from Opuntia Cafe, LLC (the "Applicant"), for a Restaurant Liquor License (Beer and Wine), with on-premise consumption and patio service. BACKGROUND AND SUMMARY Opuntia Cafe, LLC, has requested the issuance of a Restaurant Liquor License (Beer and Wine), with on-premise consumption and patio service to be located at Opuntia Cafe, 922 Shoofly Street. Opuntia Cafe is not within 300 feet of a church or school.
Attached are staff reports regarding litter, noise and traffic. Staff does not anticipate a substantial change in litter and noise or any unacceptable traffic impacts due to the approval of this request. The Applicant can no longer serve cooked food until they install a hood and fire suppression system as required by the City Fire Marshall. As a condition of approval, the Applicant is required to comply with all Fire, Building and Land Use Code Requirements, including the requirements imposed by the Fire Marshall, prior to release of City licenses. Additionally, staff is recommending that it be noted that the Applicant is required to comply with all of the City's ordinances as a condition of doing business within the city of Santa Fe. ACTION REQUESTED I request that the Governing Body indicate its decision on the issuance of a Restaurant Liquor License (Beer and Wine), with on-premise consumption and patio service, to be located at Opuntia Cafe, 922 Shoofly Street with the condition that a hood and fire suppression system be installed prior to the release of the City liquor license.
Attachments:
Alcohol & Gaming Division Application Notice of Public Hearing Staff Reports
1
New Mexico Regulation and Licensing Department ALCOHOL AND GAMING DIVISION P.O. Box 25101 • Santa Fe, i':ew :\Icxico t\7.'iO-l 5101 (.'i05) 476-41:P.'i • h1x (505) 4 7 6 4595 • WW\\'.rlti.~tatc.nm.us/alcoholandgaming
November 17, 2017 Susana Martinez Governor Robert "Mike" Unthank Superintendent
Certified Mail No.: 9171 9690 0935 0079 1724 14
City of Santa Fe Attn: Yolanda Vigil, Clerk PO Box 909 Santa Fe, NM 87504-0909
Alex Sanchez Deputy Superintendent Claudia Armijo Deputy Cencrnl Counsel Mary Kay Root Director
Re: Lie. No. /Appl. No.:
Application No. 1067100
Name of Applicant: Opuntia Cate, LLC Doing Business As: Opuntia Cafe Proposed Location: 922 Shoofly Street, Santa Fe, NM 87505 Greetings: The Director of the Alcohol and Gaming Division has reviewed the referenced Application and granted Preliminary Approval. It is being forwarded to you for Local Option District approval or disapproval of the Liquor License Application. While the law states that "within forty-five (45) days after receipt of a Notice from the Alcohol and Gaming Division. the governing body shall hold a Public Hearing in the question of whether the department should approve the proposed issuance or transfer". we recognize the potential for conflict between the requirement for publication of 30 day notice and the 45 day hearing requirement. Should the Local Governing Body be unable to meet one of these requirements. please send a Request for Waiver/Extension by email to the assigned AGO Hearing Officer listed on page 2.
Alcohol and Gaming Division (505) 476-487 5 Bo,m.Js and ( :rn111ni:-;sions I )1\:ision ('ill.SJ 47(, ..!(,llil 2-$..rr C£J2J211 J .D~J rh,rrA fr~ r'3J5l)S ---
- l()bO
6. Distance from military installation
*(Property line o{military i11sw/latio11 to closest point ol/icensed premises-shortest distance.)
01 lb uqucrquc ) , w1· · circ!eone:.K···:_,, dA'1r F' orce__8"' 1 Jtary I nsta 11 atwn, , ..~J.J.J.J.ian___ .9.,&..l.A 11te S . an ds M.1ss1·1 e Range (LC' as ruces ), N ame oi'M't· ! ,/ l ... ~ . - - - - ..
Miles:
"14olloman Air Force Base (Alamogordo), Cannon Air Force Base (Clovis)
1,...~
7. Attach Detailed Floor Plan, must include the Total Square Footage of premises; List nearest cross street; Show which direction is North; Show each level (floor) where alcoholic beverages will be sold or consumed, exterior walls, doors, and interior walls; Patio Area with type of barrier used; Highlight Bonded Areas. The floor plan should be no larger than 8 1/2 x 11 inches and must be labeled with designated areas highlighted, which will reflect the proposed Licensed Premises.
8. Type of Operation: D Hotel
D Small Brewer D Other
DLounge
Dcraft. Distiller
D Package Grocery
Dwinery
Qg Restaurant
D Racetrack
Dwholesaler
Jfthe distance is beyond 300 feet, but less than 400 feet, a Registered Engineer or Licensed Surveyor must complete a Survey Certificate showing the exact distance.
5
xterior wall/fence
5
__:;;;,;;.::;._~_...--·--. '''I t;
Kitchen OfficeiStoroge
dining
i
15' p
10
I*
I
CJ
s,torero
5 ft exterior wall/fence -\Nood
exit to patio
enterance
I
r~-
~&~ R'@td'i!-
c
1'
A._._-,e--,...,....,...~'----Q
-
~,·-:=.
patio exit, 1 way swinging gate:
6
CITY OF SANTA FE NOTICE OF PUBLIC HEARING
Notice is hereby given that the Governing Body of the City of Santa Fe will hold a public hearing on Wednesday, January 10, 2018, at its regular City Council Meeting, 7:00 p.m. session, at City Hall Council Chambers, 200 Lincoln Avenue. The purpose of this public hearing is to discuss a request from Opuntia Cafe, LLC, for a Restaurant Liquor License (Beer and Wine), with on premise consumption only and patio service, to be located at Opuntia Cafe, 922 Shoofly Street, Santa Fe. All interested citizens are invited to attend this public hearing.
Kianda Y. Viii ty Clerk
Received by The New Mexican on Date
-------------
To Be Published On-+/..... Z.+-'/1'-'-4t/c-,..{-1-1----
7
ity of
nta e,
e'W'
exic
200 Lincoln Avenue, P.O. Box 909, Santa Fe, N.M. 87504-0909 www.santafenm.gov
Councilors:
Javier M. Gonzales1 Mayor
Peter N. Ives, Mayor Pro Tern, Patti J. Bushee, Signe I. Lindell, Joseph M. Maestas, Carmichael A. Dominguez, Christopher M. Rivera, Ronald S. Trujillo, Bill Dimas,
DATE:
January 3, 2018 for the City Council Meeting of January 10, 2018
TO: VIA: Lisa Martinez, Director, Land Use Departmen
FROM:
;---
Antoinette Padilla, Code Enforcement Specialis~
~
ITEM AND ISSUE Litter and noise impact assessment, due to a request from Opuntia Cafe, LLC, for a Restaurant Liquor License (Beer and Wine), with on-premise consumption only and patio service, to be located at Opuntia Cafe, 922 Shoofly Street, Santa Fe, New Mexico.
BACKGROUND AND SUMMARY A substantial change in litter and noise due to this request is not anticipated.
8
Dist. Dist. Dist. Dist. Dist. Dist. Dist. Dist.
2 1 1 2 3 3 4 4
20()
/
/11•1,,,. L,/ '.•\
,,!
Avenue. P
I
number or customert who walk
10. Has liquor ever been sold at this business site? _yes ~o
U.
Uthe auwer to question #10 Is yes, Indicate the name of the establishment and the year(s) that liquor nles occurred. Name __ ~ -_ -_ --_ -_ ~_ -_ ,-_ -_ --_ -_ -~ -_ ---_ Ycar(s)__ _ __-_ __-_ __ __ _~ __ __
.,;, 12, Indicate which or the following statements best reOccts your opinion regarding traffic Impacts If th1s request ls approved. -,, traffic can be expected to lncrcue on adjacent stn:cts If this request ls approved ~traffic will not Increase on adjacent 1trects If this «quest b approved
Name of person completing this form Telephone number t;'{ .J Date
()e__ (;
6
~ /
D})
~Y. -
C'f ~ 1 / ~ _r-1 <Mo, J
OC, {)
(For City Use Only)
Basep upon the luformation provided above, stafl bas the following comments: · £ i t docs not appear that the approval or this request will create any unacceptable traffic Impacts. _ J t appears that the approval or this «quest will create unacceptable traffic Impacts (see comments below). _ _Other comments _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ By~-
~~-----
Date
IZ- 214 / 2,C//r
TitlZ~·c
La,•;,.,;..,,,c-,...r 7
2 af2
12
RE:Liquor License Application - Opuntia Cafe, LLC,. dba Opuntia Cafe Location - 922 Shoofly Street
Santa Fe Public Schools
.t ... •
ELEMENTARY MIDD\.E COMMUNITY
.t
HIGH
.t
ALTERNATNE· CHARTER
Private, College, a nd Other NM Sdlool tor the Deaf
!
PRNATE
R
COUEGE
d
Place o!W:l<ship
~ Day care Centers
This infomiation is for reference only. The City of Santa Fe assumes no liability for errors associated with the use of these data. Users are solely responsible for confimiing data accuracy when necessary.
0
13
300 Feet
