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HomeMy WebLinkAboutALCC-24-11 CC Beer Outdoor Dining Expansion Town of Barnstable,MA July 18,2024 ALCC-24-11 Primary Location Alcohol License - Change/Amendment 1336 PHINNETS LANE to an Existing Current License Barnstable, MA 02630 Status: Active Owner Submitted On: 7/18/2024 Applicant Information The undersigned hereby applies for a change of License to conduct business in the Town of Barnstable in accordance with the Statutes of the Commonwealth of Massachusetts and subject to the Town Code Ordinances and Regulations of the Licensing Authority Name of Licensee* DBA* Cape Cod Beer, Inc. Cape Cod Beer Business Phone Number* FIN:* 5087904200 On File ABCC License#* 00325-PP-0070 Business Mailing Address Street/PO Box* City* 1336 Phinney's Lane Hyannis State* Zip* MA 02601 Do you own the property or rent?* Rent Existing License Information Manager* License Type* Todd Marcus Farmer Brewery Class* Category* Annual All Alcohol License Amendment Transfer of License Change of Location El Change of License Type Change of Category Change of Manager Alteration of Premises ❑✓ Change of Corporate Name Change of License Classification(s) Change of Officers/Directors/LLC Managers Change of Ownership Interest(LLC Members/LLP Partners,Trustees) Issuance/Transfer of Stock/New Stockholder Management/Operating Agreement ❑ ❑ Change of Corporate Structure(Corp/LLC) Pledge of Collateral(License,Stock,or Inventory) ❑ ❑ Change of DBA Change in Hours ❑ ❑ Other El Alteration of the Licensed Premises Please describe the proposed changes We propose to add up to 250 seats on the currently licensed 6,700 square foot patio space. Applicant Signature NOTICE: Any misstatement in this application or violation of the applicable town ordinances, bylaws or regulations shall be considered sufficient cause for refusal, suspension, or revocation of any and all licenses. I warrant the truth of the forgoing statement under the penalty of perjury. Applicant Signature* Todd Marcus Jul 18, 2024 0 "A Vacation in Every Pint" Thursday, July 11, 2024 To Whom It May Concern, We were notified by phone informally in late April that there was an issue about our liquor license and our outdoor seating numbers which needed to be addressed but no clear path to the solution was presented. We were officially informed on June 20, 2024 that we needed to reduce our current outdoor seating from approximately 250 seats outside to 49 to gain compliance, and to remain in compliance until we could file for an alteration of premises and attend a licensing hearing on July 24, 2024. This resulted in us losing over 80% of our outdoor seating for a period of 35 days, in the height of the summer season, over a paperwork issue that wasn't noticed by either Cape Cod Beer Inc or the Town of Barnstable since 2016 — 8 years! Our license has been renewed and inspected in this location for 11 years. We have grown organically as our industry has changed over the years and applied for and received in 2016 an extension of the premises to grow from 1000 sq feet outside to the 6700 sq feet we have today to host more community events and, at the time, provide a location for the Hyannis farmers market which had been displaced from Main Street. It is this license change where the oversight occurred, but as mentioned above we have been inspected and granted a license annually without issue, for 8 years. We have been operating outdoors annually with 200-250 seats with a porta-potty plan in place to handle the additional volume over the years with no incidents of underage drinking, overservice, parking concerns, or any other public safety issues for that matter. Over the last 8 years the outdoor space has transitioned from an area of occasional use to one we have found to be required for our business to be sustainable as costs, consumer beverage preference, competition, and industry challenges have increased over the 20 years that we have been in operation. I'm not sure how up to speed you are on our industry these days, but it's in rapid decline. We're seeing more headlines everyday about the losses in the craft beer industry and receiving daily emails about brewery closures and equipment auctions. Some are calling it a beer-pocalypse. Market saturation played a small part, but consumers have changed. Many people are now switching to NA options, hard seltzers, there is generation developing of non-drinkers, and many people have replaced alcohol with cannabis products. We have never seen it like this and to be honest the business model that we've utilized for the last 20 years may not be sustainable with the current market downturn. As a result, we have hired an industry specific Cape Cod Beer, Inc. 1336 Phinney's Lane, Hyannis, MA 02601 P:508-790-4200 F:508-815-3454 www.CapeCodBeer.com consulting firm to provide a benchmark assessment and we are strategizing how to continue our operation moving forward. All of this was happening before we lost 80% of our outdoor seating at the end of June. Seeing customers leave over July 4t" week because we don't have enough seats to accommodate them is heart breaking to me, my wife, our management team and our staff. This sudden enforcement of a long-standing paperwork concern couldn't have happened at a worse time for the economic viability of our business. Cape Cod Beer earns 50% of its income annually between Memorial Day and Labor Day, and 75% between Memorial Day and Columbus Day, so when we say to our team "every day matters" we mean it. I respectfully submit a request to Site Plan Review to approve an increase in our outdoor seating from 49 seats to 250 seats to be located withing the already licensed 6700 sq foot outdoor beer garden area so that we may move forward to request an alteration of premises at the Licensing Hearing on July 24th. - By doing so, Cape Cod Beer will be able to return to full capacity, hopefully make up for some of the lost revenue incurred over the last 35 days, and get back to work at being the sustainable small local business and philanthropic community partner we have the reputation of being. Respectfully, Todd Marcus President/Brewmaster Cape Cod Beer, Inc. 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