Memorandum

City of Lawrence

Department of Administrative Services

TO:	Mike Wildgen, City Manager
FROM:	Frank S. Reeb, Administrative Services Director/City Clerk
CC:	Dave Corliss, Assistant City Manager/Director of Legal Services
Date:	March 23, 2005
RE:	Pepperjax Grill Distance Restriction Waiver

Pursuant to City Code Section 4-113(C), a public hearing is scheduled for March 29, 2005 in the matter of Lawrence 1, LLC, a Kansas corporation d/b/a Pepperjax Grill, 947 New Hampshire, requesting the City Commission waive the distance limitation in City Code section 4-113(A) prohibiting the sale and serving of alcoholic liquor within 400 feet of a school or church. 

The Salvation Army Church, 946 New Hampshire, and the Lawrence Arts Center Preschool, 940 New Hampshire, are within 400 feet of the primary public entrance of the establishment.  As required in the City Code, we have notified both the school and the church of the public hearing.  As further described below, neither the Salvation Army nor the preschool is opposing the restriction waiver.

On March 3^rd, I received a phone call from Major Loren Carter, Divisional Secretary for Property Matters in the Salvation Army’s Kansas City, Missouri Office.  Major Carter informed me that the Salvation Army supported economic development in Downtown Lawrence.  As for this specific waiver request, he said the Salvation Army neither opposed nor supported the waiver request.  He also stated no representative of the Salvation Army would appear at the public hearing.  In addition, I’ve attached an emailed letter from Lieutenant Colonel Ted Dalberg, Divisional Commander, stating the Salvation Army’s position. 

I’ve also talked with Linda Reimond, Director of the Lawrence Arts Center Preschool.  She informed me that the Preschool was taking a neutral position on the waiver request.  She also mentioned that no representative of the Preschool was planning to attend the public hearing.

By way of background, on February 3, 2004, Pepperjax Grill requested a distance restriction waiver from the Code provision prohibiting cereal malt beverage sales within 400 feet of a school or church.  Following a public hearing, the Commission denied the waiver request.  That portion of the February 3, 2004 City Commission meeting minutes is attached.

Further, pursuant to City Code section 4-113(C), if the Commission approves the waiver request, there must be “a finding by the Governing Body that the proximity of the establishment is not adverse to the public welfare or safety.” 

Lastly, the Pepperjax Grill is in the C-3 zoning district and, therefore, if a drinking establishment license is granted, the Pepperjax Grill would be subject to the 55% food sales requirement.

If you have any questions, please do not hesitate to contact me.