Consider Request for Special Events Permit for Live Music at 9539 Highway #10 NW, Ramsey

City staff received a request in July from Chris Berry, Quality Used Appliances, for a Special Events Permit to host a benefit in memory of his brother Mike to help with funeral expenses as well as to begin a fund for Mike's minor children.  Staff's intent was to bring this request to seek approval of the Council at the July 24 meeting.  However, there was a glitch with the application with regard to serving alcohol and charging a fee at the door.  Private parties are not allowed to get a temporary license to sell alcohol.  Staff informed the applicant of conversations to this effect with the State of Minnesota Department of Alcohol Enforcement.  The applicant then contacted the State and was told that it's a "fine line" but if the flyers for the benefit were amended to state that a $10 donation was suggested rather than required, it would be more like a private party where beer is provided to friends rather than sold.  Because of the initial glitch with "selling beer", staff put the application on hold.  Staff was unaware that this conversation had taken place between the applicant and the State. 

Earlier this week, the City Clerk received a phone call from a neighboring business expressing concern about the beer being served, and the access out to Highway #10, etc.  Mr. Berry was contacted about this and the fact that he did not have a permit; however, he was under the impression that he had been approved.  Staff is offering this to Council as an explanation of why this is coming before you with such short notice.  Staff contacted Pat Kessler, State Department of Alcohol Enforcement, this week as well going over details of the application and talking about the "fine line" between selling beer and giving it away at a "private" party.  Ms. Kessler agreed that this could be treated like a private party if there is not a minimum donation required and as long as it was on Mr. Berry's property. 

Mr. Berry's request consists of the following:  The benefit would be held on Saturday, September 15, at Quality Used Appliance, located at 9539 Highway #10 NW in Ramsey.  The event would begin at 6:00 p.m., which is after any other business in the area closes.  The event would consist of food - roast pig provided and the rest is pot luck, two kegs of beer, silent auction, etc.  There will also be three bands playing throughout the evening.  Mr. Berry is asking that the bands be allowed to play until midnight.  If Council grants the midnight time request, the plan is for the Dirtee Circus (a rock band) to play from 6:00 p.m. to 7:00 p.m., The Moaning Lisa's (country) to play from 7:30 to 9:00 and Menace (variety) to play from 9:00 to midnight.  There will be security at the door checking id's and handing out bracelets to anyone 21 and over.  Black x's will be marked on the hands of anyone under 21.  The kegs will be kept in a small closet-type room off the main room and will be served to people - the kegs will not be out in the public area with "free access" to them.  Mr. Berry has stated that once the kegs are drained - they will not be purchasing more.  Mr. Berry has noted they are not in a residential area and the closest houses are the "first" 13 houses in Northfork.  Mr. Berry stated his plan was to go visit each of these households to let them know what was going on.  Mr. Berry has a warehouse-type building on his property as well and it is large enough to house the stage and the attendees should it rain.  All food and drink will be served inside, the pig roaster will be outside on the side of the building, and the band/trailer stage will be located outside between two buildings and facing Highway #10.  Mr. Berry will have five men hired as security - three being current security at liquor establishments.  With regard to parking, the building is on 11 acres, with about 5.5 acres available for parking.  Attached to this case is a diagram of the placement of everything for the event.  With regard to clean-up of the site following the event, a couple of cleaning companies have volunteered to sweep the parking lots, etc.  Mr. Berry is expecting between 100 and 200 attendees at the event.
The Police Chief and City Clerk met Thursday morning, September 6, to go over details of the event request. Mr. Berry has requested the bands play until midnight but the event is expected to be "running" from 6:00 p.m. to 1:00 a.m. Chief Way is requiring one officer be present from 6:00 p.m. to 10:30, or 12:30 if the music is allowed until midnight. It should be noted that anytime there is a band - and alcohol - except for private weddings, at least one Patrol Officer has always been required - and a fee is charged.  Following staff's meeting, the City Clerk contacted Mr. Berry asking for the following:  a letter/note signed by the neighboring business owners that they are aware of this event and documentation from Mr. Berry's insurance stating they are aware of this event, as Mr. Berry will be held liable should anything happen.  Mr. Berry has assured staff they will receive the documentation required prior to Tuesday evening.  Mr. Berry was informed that he will have to hire a Ramsey officer from the time the event begins until one-half hour after the band is finished at a rate of $76 per hour.  Mr. Berry is in agreement with this stipulation.  Mr. Berry is aware that if the band is allowed to play until midnight, that the sound will be turned down at 11:00 p.m.  Mr. Berry is also aware that if there are legitimate noise complaints, the music will be stopped. 

The Fire Marshal is currently reviewing the site for any potential health/safety issues and will report at, or prior to, the meeting.

It is anticipated Mr. Berry will be present at the Council meeting to answer any questions Council may have. 

Motion to approve/not approve the Special Events Permit request of Mr. Chris Berry at 9539 highway #10 NW.

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Motion to approve/not approve allowing the bands to play until midnight.