05-10-16 BOA Minutes May 10, 2016 Page 2 of 6 The Conditional Use Permit issued for the operation of J. Buck’s limited the number of patron seats to one hundred ninety four (194). Capital Grill’s plans provide interior seating for two hundred fifty one (251) patrons. Additionally, Capital Grille’s interior square footage will be 8,782-square feet; 1,147 square foot larger than the interior space used by J. Buck’s. Proposed hours of operation are Monday through Thursday from 11:30 – 10 p.m.; Friday from 11:30 – 11 p.m.; Saturday from 4 p.m. – 11 p.m. and Sunday from 4 p.m. – 9 p.m. Because the restaurant is located in an office building greater than 150,000 square feet with off-street parking, the restaurant is exempt from providing off-street parking. Recommendation is to approve the requested transfer pursuant to the conditions contained in the Resolution. In response to the Board’s questions, Art McIntosh, Brand Manager for Capital Grille, addressed the Board stating that one they get through the permit process they will begin renovation of the property. Plans do not include the use of the patio and they anticipate opening within a year. They menu will feature prime cuts of steak and also seafood. Mayor Sanger closed the public hearing. Alderman Garnholz moved to approve Resolution No. 16-12, the transfer of a Conditional Use Permit from Bodley Buck of Clayton, LLC, d/b/a J. Buck’s to Capital Grille Holdings, Inc., d/b/a Capital Grille. Alderman Winings seconded. The motion passed unanimously on a voice vote.

Alderman Winings seconded. The motion passed unanimously on a voice vote. A MOTION TO CONSIDER APPROVING A LIQUOR LICENSE FOR BILLIE-JEAN RESTAURANT AT 7610 WYDOWN BOULEVARD. City Manager Owens reported that Zoe V, LLC d/b/a Billie-Jean is requesting a liquor license to sell all kinds of intoxicating liquor at retail by the drink, including Sundays, at 7610 Wydown Boulevard. The Police Department has completed its review of the application and supports the issuance of the requested license. The Planning and Development department has also approved the application with no objections. The applicant has chosen not to submit a petition from surrounding property owners and first floor tenants. As a result, they are aware that this application must have a super majority vote of five Board members in order to be approved. Staff has requested that a representative be in attendance at the meeting. Staff recommends passing a motion to approve the liquor license to sell all kinds of intoxicating liquor at retail by the drink, including Sundays. Zoe Robinson, owner, addressed the Board stating that she is excluding Sundays. In response to Alderman Berkowitz’s question, Ms. Robinson explained that the kitchen will have ovens, stove top, and a refrigerator. Her menu will be full service – contemporary American style. Alderman Boulton asked for clarification of “kitchen” and thought that the Conditional Use Permit had not included a kitchen. Ms. Robinson further explained that the patio will have four tables (eight seats total). The design plans for the patio will include an enclave “draped closure”.

He is concerned on how this process has become “bizarre” with regard to the egress on the sidewalks and that he feels the menu is “veiled” in mystery. He expressed his concerns regarding parking and if the City will consider restrictions in the neighborhood. Mayor Sanger commented that there are rules on liquor licenses with regard to 50% food sales are required. In response to Alderman Boulton’s question, Mr. Kraus stated that he has no issue with the restaurant itself. Alderman Berkowitz inquired as to possibly restricting the time for liquor sales. Dean Pigeon, 35 Ridgemoor, addressed the Board stating that his wife’s restaurant will be very sophisticated with white linen tables and that it is not a bar that has a happy hour. Alderman Boulton expressed concerns regarding the outdoor dining and potential parking issues. Alderman Berger commented that the patio will consist of four tables, two patrons at each table and somewhat enclosed on two sides which is a departure for most of outdoor dining that he’s seen in Clayton for the purpose of trying to be a good neighbor. As to the parking situation he has spent many evenings at I Fratellini and he has never parked anywhere else except in the public lot adjacent to the building or on the most beautiful street in St. Louis, Wydown Boulevard. He doubts that we could prove seriously that there would be parking expansion in to the neighborhoods.

Louis, Wydown Boulevard. He doubts that we could prove seriously that there would be parking expansion in to the neighborhoods. He reminded the Board that they are here to consider a liquor license and he would like to move forward on that vote. Alderman Berkowitz expressed his concerns that 12:00 a.m. was too late for outdoor dining and drinking. In response to Mayor Sanger’s question, City Attorney O’Keefe explained that he does not see a provision in the City Code that specifically authorizes a restriction. The hours for the facility was set in the Conditional Use Permit which means that with or without a liquor license they are entitled to operate outdoor dining during the time that they will operate the facility. In response to Alderman Boulton’s question regarding outdoor dining, City Manager Owens stated that no outdoor dining permit has been issued which approval is not guaranteed and also has to meet certain criteria. Alderman Garnholz inquired to the outdoor dining at Peno Restaurant.