8E1-2015-04-28 N and N 68 LLC - Request for Special Liquor

8E1
BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY
PLACEMENT: DEPARTMENTAL
PRESET:
TITLE: N AND N 68 LLC DBA SACHI SUSHI ASIAN FUSION – REQUEST APPROVAL OF
SPECIAL LIQUOR LICENSE FOR AN EXISTING RESTAURANT AT 3508 SE FEDERAL HIGHWAY,
STUART
AGENDA ITEM DATES:
MEETING DATE:
4/28/2015
COMPLETED DATE:
4/16/2015
COUNTY ATTORNEY:
4/6/2015
ASSISTANT COUNTY ADMINISTRATOR:
4/13/2015
REQUESTED BY:
DEPARTMENT:
PREPARED BY:
Name: N&N 68 LLC
Growth Management
Paul Schilling
Name: Chittakone
Khoungthavong
Principal Planner
Procedures: Quasi-Judicial Procedures
EXECUTIVE SUMMARY:
The owner of the existing restaurant, N&N 68 LLC DBA Sachi Sushi Asian Fusion, located at 3508 SE
Federal Highway in Stuart, formerly known as Sachi Sushi Restaurant and Bar, is requesting approval
in accordance with Section 5.1.A., Code of Ordinances, Martin County Code, of a State of Florida
4COP-SRX license to sell liquor for on-site consumption.
APPROVAL:
LEG
ACA
CA
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BACKGROUND/RELATED STRATEGIC GOAL:
The owner of the existing restaurant, N&N 68 LLC DBA Sachi Sushi Asian Fusion, located at 3508 SE
Federal Highway in Stuart, formerly known as Sachi Sushi Restaurant and Bar, is now requesting
approval for the sale of alcoholic beverages for on premises consumption in accordance with Section
5.1, General Ordinances, Martin County Code. The restaurant facility has received zoning approval for
a business tax receipt and has been approved by the State of Florida, Division of Hotels and
Restaurants.
The applicant has provided the necessary floor plan, seating layout, menus, etc. to document
compliance with the following:
The facility contains all the necessary equipment and supplies for and serving full-course meals
See attached floor plan. The kitchen area is approximately 985 square feet.
See menu for full - course meals
The facility provides service of 200 or more patrons at tables.
See attached floor plan with occupancy approval for 200 patrons.
The facility occupies more than 4,000 square feet of floor space.
See attached floor plan showing the approved 4,125 square foot restaurant
The female restroom has two stalls and one sink each. The male restroom has three stalls and
one sink.
With the exception of the area within the legal boundaries of the community redevelopment areas
(CRAs) for restaurants providing service for 150 or more patrons at tables and occupying more
than 2,500 square feet of floor space
Not applicable. The facility is not located within a CRA area.
Such special licensees shall be prohibited from selling alcoholic beverages in packages for
consumption off of the premises and from operating as a package store.
See drawing depicting the location of the signs.
No such special license shall be moved to a new location, such license being valid only on the
premises of such hotel, motel, motor court or restaurant.
Not applicable. License is for new owner at the existing location.
Any such special license shall be issued only to the owner of such hotel, motel, motor court or
restaurant, or in the event the hotel, motel, motor court or restaurant is leased, to the lessee of the
hotel, motel, motor court or restaurant, and the license shall remain in the name of said owner or
lessee so long as the license is in existence.
Documentation provided that owner is applying for the license.
Approval for the issuance of such license shall be first obtained from the Board of County
Commissioners of Martin County, Florida.
Request being made at today’s meeting.
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The requirements of the Code of Ordinances are met for the sale of alcoholic beverages for on-site
consumption under the provisions of the State of Florida, 4COP-SRX license.
ISSUES:
There are no unresolved issues associated with this application.
LEGAL SUFFICIENCY REVIEW:
Pursuant to 5.1., General Ordinances, Martin County Code, this is an application for approval of a
special liquor license for Sachi Sushi Asian Fusion restaurant.
Sec. 5.1. Special license for hotels, motels and motor courts authorized; limitation.
5.1.A.
Except within the corporate limits of the City of Stuart, Florida, no limitation, under the provisions of F.S. §
561.20(1), for the issuance of alcoholic beverage licenses under the provisions of F.S. § 565.02(1)(a)—(f),
inclusive, shall henceforth prohibit the issuance of a special license in Martin County, Florida, to any bona
fide hotel, motel or motor court, or to any bona fide restaurant containing all the necessary equipment and
supplies for and serving full-course meals regularly and having accommodations at all times for service of
200 or more patrons at tables and occupying more than 4,000 square feet of floor space, with the exception
of the area within the legal boundaries of the community redevelopment areas (CRAs) for restaurants
providing service for 150 or more patrons at tables and occupying more than 2,500 square feet of floor
space; provided, however:
1.
Such special licensees shall be prohibited from selling alcoholic beverages in packages for
consumption off of the premises and from operating as a package store.
2.
The Beverage Director shall suspend, revoke or assess a civil penalty against any such license
under the provisions of F.S. § 561.29. if the restaurant so licensed ceases to be a bona fide
restaurant as required as a prerequisite for obtaining such license; and provided, that no
intoxicating beverage shall be sold by such restaurant under such license after the hours of serving
food have ceased.
3.
No such special license shall be moved to a new location, such license being valid only on the
premises of such hotel, motel, motor court or restaurant.
4.
Any such special license shall be issued only to the owner of such hotel, motel, motor court or
restaurant, or in the event the hotel, motel, motor court or restaurant is leased, to the lessee of the
hotel, motel, motor court or restaurant, and the license shall remain in the name of said owner or
lessee so long as the license is in existence.
5.
Approval for the issuance of such license shall be first obtained from the Board of County
Commissioners of Martin County, Florida, after said board has received a written application
therefor together with blueprints and specifications of the structure within which such license is to
be maintained, showing the proposed location and that such structure meets the requirements
hereinbefore set forth, as well as other legal requirements, and also conforms to the Southern
Standard Building Code, and will have adequate paved off-street parking to accommodate the
patrons of such establishment. If such approval by the Board of County Commissioners is arbitrarily
withheld, appeal from such ruling may be taken to the Circuit Court of Martin County in chancery.
6.
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Upon obtaining approval of the Board of County Commissioners of Martin County, Florida, as
aforesaid, the applicant may then apply to the Division of Alcoholic Beverages and Tobacco; and if
such division determines that such application complies with the terms of this section and otherwise
qualifies as provided by law, then such special license shall be issued.
7.
Any license issued under the provisions of this section shall be marked "special."
8.
Any applicants for such a special license to be located in a municipality shall also comply with all
ordinances and building regulations of such municipality.
5.1.B.
This section is cumulative and is in addition to and supplementary of the existing provisions of law with
respect to issuance of alcoholic beverage licenses and shall be effective only in Martin County, Florida.
Because this request involves the application of an existing policy to a specific site, it is a quasi-judicial
decision. Quasi-judicial proceedings must be conducted with more formality than a legislative
proceeding. In quasi-judicial proceedings, parties are entitled — as a matter of due process — to
cross-examine witnesses, present evidence, demand that witnesses testify under oath, and demand a
decision that is based on a correct application of the law and competent substantial evidence in the
record.
Suggested procedures to follow during consideration of this matter:
Cautionary Note: It is advisable that Commissioners refrain from commenting on any of the
presentation, items, evidence, witness testimony, or otherwise, until the Chair concludes the
quasi-judicial components of the meeting and the Board begins its deliberations. The
Commission may and should ask questions of any witnesses.
1.
Chair announces this matter from the Agenda for the record.
2.
Chair will inquire of the Commissioners regarding ex parte communications related to this matter
and any disclosures that have not been previously filed with the Clerk.
3.
Chair will ask that all staff witnesses, applicant witnesses and members of the public that
intend to offer relevant and material evidence in this matter identify themselves. All
witnesses should be asked to approach the “well” and be sworn in by the Clerk of Court
or the Clerk’s designee.
4.
Martin County staff should provide a short introduction of the matter, to include substantive staff
findings and specifically including relevant procedural history which has brought this matter
before the Commission.
This should take no longer than 15 minutes, notwithstanding
questions from the Commissioners. However, Commissioners may want to refrain from
questions of staff until the applicant has completed the applicant’s presentation.
5.
The applicant may make a presentation, review the staff report and discuss any information in the
application or the report that the applicant deems appropriate. For this matter it is anticipated that
the applicant should be provided no more than 45 minutes to present. However, depending
upon questions from the Commissioners, examination of evidence, and cross examination of
witnesses, it may be appropriate to extend the time to the extent necessary to ensure that due
process has been provided.
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6.
Upon conclusion of the applicant’s presentation, the Commissioners may proffer questions for
the applicant and staff regarding the matter. Questions should be designed to elicit relevant and
material evidence concerning the matter. Comments concerning the credibility, the authenticity
of the evidence, the weight of the evidence, or otherwise should not be made at this time. Such
comments may be made during the Commission’s deliberations.
7.
Upon conclusion of Commissioners’ questions, the Chair/Board shall allow public comment
regarding this matter.
a. Public comments, whether from experts or citizens, can constitute competent substantial
evidence. Public comments which are relevant, material, and fact based regarding the
matter may be considered as evidence by the Board.
b. Generalized public comments in support of or in opposition to the matter, should not be
considered as evidence by the Board.
8.
The applicant should be offered an opportunity for rebuttal and/or final comments (maximum of
20 minutes).
9.
Staff should be offered an opportunity for any final comments.
10.
After the conclusion of the quasi-judicial components set forth above, the Chair shall close the
public portion of the meeting and announce that no other evidence will be entertained or
considered. Once the public portion of the meeting is closed, the Chair may entertain motions to
approve, approve with modifications or deny the request for the alteration of the previously
approved preserve area.
Legal principles to be considered:
Consideration of the legal principles that an appellate court would consider in the review of a
quasi-judicial decision by a local government can provide guidance as the Board conducts this
quasi-judicial proceeding.
Quasi-judicial decisions are subject to a certiorari standard of review on appeal. The standard of review
before the circuit court is as follows: 1) whether procedural due process was afforded, 2) whether the
local tribunal observed the essential requirements of law, and 3) whether the local government’s
decision was based on competent substantial evidence.
One of the requirements of procedural due process is met when the parties have received notice of the
meeting and are given an opportunity to be heard. Following the procedures outlined above will help
support a finding that procedural due process was afforded. Another component of procedural due
process is whether the applicant was given an opportunity to be heard by a neutral and impartial
decision-maker. There must be evidence in the record to support or deny a request. Therefore, a
decision to approve or deny a request before the presentation of the evidence and testimony is
concluded would not be appropriate.
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The essential requirements of law are met when the correct provisions of applicable law are applied in
making the decision and the decision-maker does not abuse its legal authority in the process.
A determination that a decision was based on competent substantial evidence requires that there must
be testimony and evidence provided that is relevant and material to the determination. The evidence
relied upon to sustain the ultimate findings should be sufficiently relevant and material to the matter so
that a reasonable mind would accept it as adequate to support the conclusion reached. Testimony must
have a factual basis. Generalized statements in support of or in opposition to a proposal should be
disregarded even those from an expert. Relevant fact-based statements, whether expert or not should
be considered. Citizen testimony is permissible and may constitute competent substantial evidence if it
is fact-based. The facts upon which the testimony rests may be derived from relevant portions of the
record or from other factual information provided in the application. The submittal of materials into the
record such as maps, site plans, and traffic studies along with testimony based on professional
experience and personal observations may form the basis for upholding a conclusion reached by a
decision-maker.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board authorize the Growth Management Department to execute the application of
N&N 68 LLC DBA Sachi Sushi Asian Fusion to the State of Florida.
ALTERNATIVE RECOMMENDATIONS
Move that the Board of County Commissioners reject the request to authorize the Growth
Management Department to execute the application N&N 68 LLC DBA Sachi Sushi Asian Fusion
to the State of Florida, upon finding issues not documented by the applicant
FISCAL IMPACT:
RECOMMENDATION
The review fee of $390.00 has been paid by the applicant.
Funding Source
County Funds
Non-County Funds
Authorization
Subtotal
Project Total
ALTERNATIVE RECOMMENDATIONS
Same as recommended action.
DOCUMENT(S) REQUIRING ACTION:
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Budget Transfer / Amendment
Grant / Application
Notice
Chair Letter
Ordinance
Contract / Agreement
Resolution
Other:
ROUTING:
_ ADM
_ GSD
X CA
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_ BLD
_ ITS
X ACA
_ CDD
_ LIB
X LEG
_ COM
_ MCA
_ ENG
_ MPO
_ FRD
_ PRD
_ GMD
_ USD
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QUASI-JUDICIAL PROCEDURES
1. Ex parte disclosures by County Commissioners.
NOTE: Chairman asks: "Do any commissioners have ex parte disclosures that have not been previously
filed with the Clerk?"
NOTE: Commissioners use written disclosure forms to disclose communications they had
prior to this public meeting with persons interested in this matter. Copies of the disclosure
are forms available from the Clerk.
2. If applicable, verification by Applicant that return receipts for notices have been filed with
the Clerk.
3. Request for identification of any Intervenors. (In order to be an Intervenor, a person must qualify
to receive mailed notice of the subject application in accordance with Section 10.6.E, Land Development
Regulations, Martin County Code (property owners within 300 feet of the project if it is inside the urban
service boundary, and within 600 feet of the project if it is outside the urban service boundary). Any
person who qualifies may choose to be an Intervenor. In addition, an Intervenor must file a form of intent
with the County Administrator not less than 7 days prior to the Board meeting. No fee will be assessed on
Intervenor. If the Intervenor is representing a group/association, he/she must file a letter on official
letterhead signed by an authorized representative of the group/association, stating that he/she is
authorized to speak for the group.)
4. *Administration of oath to all witnesses.
5. Staff introduction of application.
6. Questions for Staff from County Commissioners.
7. Applicant presentation. (Applicant is encouraged to keep presentation clear, concise and to the point,
at a maximum of 45 minutes. Applicant’s questions for staff are to be asked during Applicant’s 45 minute
presentation. Staff responses to questions will be at the conclusion of the Applicant’s presentation. All
dvd, cd or video cassette tapes must be submitted for review by the County Administrator by the Friday
prior to the meeting.)
8. Questions for Applicant from County Commissioners, Intervenor, and Staff.
9. Intervenor presentations. (Intervenors are encouraged to keep presentation clear, concise and to the
point, at a maximum of 45 minutes for all Intervenors collectively. Intervenors’ questions for staff are to
be asked during Intervenors’ collective 45 minute presentation. Staff responses to questions will be at the
conclusion of Intervenors’ presentation(s). All dvd, cd or video cassette tapes must be submitted for
review by the County Administrator by the Friday prior to the meeting.)
10. Questions for Intervenor(s) from Board of County Commissioners, Applicant, Staff.
11. Public Comments.
12. Intervenor(s) rebuttal and/or final comments (maximum 20 minutes collectively).
13. Applicant rebuttal and/or final comments (maximum 20 minutes).
14. Staff Final Comments.
15. County Commissioners’ final questions, deliberation and decision.
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MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS
REQUEST TO INTERVENE
Date:________________Proposal/Project Name: _______________________________________________
Agenda Date: ______________________
Agenda Item Number: __________________
An “intervenor” is a person who qualifies under the Land Development Regulations to receive mailed notice
regarding the subject matter (property owners within 300 feet of the project if it is inside the urban service
boundary, and within 600 feet of the project if it is outside the urban service boundary). Any person who
qualifies may choose to be an Intervenor, or to just offer public comment. Someone who does not qualify to
be an Intervenor, or could qualify, but chooses not to be one, will be allowed to speak briefly on his or her
own behalf, either to present facts or to state opinions, during public comments on the application.
It should be noted that being an Intervenor in a matter under consideration by the Board does not guarantee
that the Intervenor can challenge or appeal the final decision in a judicial or administrative proceeding. Also,
being an Intervenor here may not even be a prerequisite to filing a challenge or appeal of the final decision,
depending upon what state laws or court rules require.
Please complete the following information and return this form to the County Administrator at least seven
(7) days prior to the hearing on the matter. No fee will be assessed. I f requesting to intervene as a group,
provide on group’s letterhead, signed by an authorized representative of the group, stating the name of the
group and the name of the individual who is authorized to speak for the group. Only one request needs to be
submitted per each matter for which status as an Intervenor is sought, irrespective of the number of hearings
to be held on the matter. All dvd, cd or video cassette tapes must be submitted for review by the County
Administrator (or designee) by the Friday prior to the meeting.
A Request to Intervene may be used only for the purpose of presenting evidence and testimony on a matter,
and not merely to extend the time allowed to an individual to speak during public comments.
(PLEASE PRINT CLEARLY)
Name (individual or group representative):______________________________________________________________________
Group Name (if applicable):_______________________________________________________________________________
Address: ___________________________________________________________ City: _____________________________
Zip Code: __________________ Telephone: ____________________________ Email: ____________________________
1. Explain what interest(s) you, as an individual or group, believe will be impacted by the proposal. Examples of interests
include health and safety, police and fire protection service systems, transportation facilities, and economic, environmental or
natural resources. (Attach separate sheet, if more space is needed.)
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
2. State your position regarding the proposal. (Attach separate sheet, if more space is needed.)
______________________________________________________________________________________________________
______________________________________________________________________________________________________
____________________________________________________________________________________________________
3. State all facts you believe support your position. (Attach separate sheet, if more space is needed.)
______________________________________________________________________________________________________
______________________________________________________________________________________________________
____________________________________________________________________________________________________
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