Item Coversheet
City of Independence
AGENDA ITEM COVER SHEET
Approved

Agenda Title:

  1. Council action is requested on the application received from The 40, LLC for a Restaurant Selling Intoxicating Liquor License for The 40 Restaurant & Bar at 12949 E. US 40 Highway. 

Recommendations:

This application meets the requirements of the City’s Alcoholic Beverage Code.

Executive Summary:

Council action is requested on the application received from The 40, LLC for a Restaurant Selling Intoxicating Liquor License The 40 Restaurant & Bar located at 12949 E. US 40 Highway.  The application has also requested a Sunday Sales License to be issued administratively upon approval of this license by the City Council. 

Background:

Applicant: The 40, LLC

Name of business: The 40 Restaurant & Bar

Business Address: 12949 E. US 40 Highway

Size of establishment (includes outdoor patio space if applicable): The 40 Restaurant and Bar will operate within the entire 2,275 square foot building.

Liquor License Types: Restaurant Selling Intoxicating Liquor and Sunday Sales

Types of Alcohol to be sold/served: Various types by the drink in an establishment qualifying as a restaurant.

History of any liquor license at this location; if a new building provides a brief update on the construction: The 40, LLC plans to open a restaurant and bar at the location that used to house another establishment that held a liquor license.   The 40 will operate as a restaurant selling intoxicating liquor with Sunday sales.  The applicant has submitted a signed affidavit indicating that this location will have alcohol sales that meet the City’s Alcoholic Beverage Code for this license type.

Location proximity to residential, park, school and church: There are no hospitals, churches, schools or park property however, there is residential properties within 300 feet of the proposed premises according to the City’s mapping system.  For this reason, the City Council must approve this application. 

Managing Officer Information and results from background check: The proposed business is an LLC with two members.  Those members are Dominic Lusk and Leland Lewis Jr.  The LLC has appointed Mr. Lewis the Managing Officer for purposes of this liquor license.  Mr. Lewis is not active in other licenses issued by the Missouri Liquor Control.  The background investigation conducted by the Missouri State Highway Patrol on both Mr. Lusk and Mr. Lewis revealed they both meet the requirements of the Alcoholic Beverages code.

The applicant has submitted a signed affidavit indicating that this location will have alcohol sales that meet the City’s Alcoholic Beverage Code for this license type. Applicable City Departments reviewed the application, and the attached Inspection Report includes their comments.

Department:          Community DevelopmentContact Person:          Tom Scannell


REVIEWERS:
DepartmentAction
Community Development DepartmentApproved
Finance DepartmentApproved
City Managers OfficeApproved
City Clerk DepartmentApproved

Council Action:          Council Action:         

ATTACHMENTS:
DescriptionType
Redacted The 40 LLC Liquor License ApplicationBackup Material
The 40 LLC Inspection ReportBackup Material
The 40 LLC Zoning MapBackup Material
The 40 LLC Aerial MapBackup Material