HomeMy WebLinkAboutOrdinance D-2470-19SPONSOR(S): Councillors Worrell and Rider
ORDINANCE NO. D-2470-19
Synopsis: This ordinance records the commitments made by Danny Boy Beer Works, LLC that
are required by the City in order to obtain one of the three-way alcoholic beverage permits
authorized by Indiana Code § 7.1-3-20-16.8.
WHEREAS, the City of Carmel ("City") adopted Ordinance D-2288-16, which requires
applicants for a three-way alcoholic beverage permit authorized by Indiana Code § 7.1-3-20-16.8 (the
"Permit") to make certain commitments to the City regarding the project as a condition precedent to
obtaining said Permit from the Indiana Alcohol and Tobacco Commission; and
WHEREAS, Danny Boy Beer Works, LLC ("Applicant") is applying for a Permit and makes
the required commitments to the City as set forth in Exhibit A, which is attached hereto and incorporated
herein by this reference (the "Commitments"); and
WHEREAS, pursuant to Carmel City Code § 6-228(d), the Mayor has reviewed the
Commitments and materials submitted by the Applicant and recommends that the Council accept them
as submitted.
NOW, THEREFORE, the Common Council ordains and states as follows:
Section 1. The foregoing Recitals are fully incorporated herein by this reference.
Section 2. In accordance with Carmel City Code § 6-228, the Carmel Common Council hereby
accepts the Commitments as set forth in Exhibit A regarding Danny Boy Beer Works LLC's application
for a three-way alcoholic beverage permit issued by the Indiana Alcohol and Tobacco Commission
pursuant to Indiana Code § 7.1-3-20-16.8.
Section 3. These commitments may only be modified with the approval of the Carmel Common
Council.
Section 4. This Ordinance shall be in full force and effect from and after its passage and signing
by the Mayor.
Ordinance D-2470-19
Page One of Two
This Ordinance was originally prepared by Ion A. Oberlander, Carmel Assistant Corporation Counsel, on 06/04/19 at 3:41
p.m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by W.
Oberlander for legal sufficiency or otherwise.
SPONSOR(S): Councillors Worrell and Rider
,t� /
PASSED by the Common Council of City of Carmel, I diana this / 7 day of
(AFv-t-- 2019, by a vote of ayes and C / nays.
6111 COTNIM 9"CIL FOR THE CITY OF
Jeff Wo ell, es dent Anthony E
Laura D. Campbell, Vice -Pr ident
,-�'.Presented by me to the Mayor of the
�1A At", 2019, at L
Approved by me, Mayor of the City of C
J v 2019, at P5
fV
ATTES
Christine S. Paulev. Clerk -
Ordinance D-2470-19
Page Two of Two
H. Bruce Kimball
Kevin D. Rider
armel, Indiana this day of
ne S. Paul"', Clerk-Treasu
/It
iel, Indiana, this day of
M.
Brainard, Mayor
This Ordinance was originally prepared by Jon A. Oberlander, Carmel Assistant Corporation Counsel, on 06/04/19 at 3:41
p.m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr.
Oberlander for legal sufficiency or otherwise.
WRITTEN COMMITMENT BY THE SMOKE'N BARREL RESTAURANT GROUP, LLC, TO OBTAIN A THREE-
WAY BEVERAGE PERMIT PER THE PROVISIONS OF CARMEL ORDINANCE D-2288-16.
The Smoke'n Barrel Restaurant Group, LI.0 ("SBRG") by its principals Kevin Paul and Partners, make the
following written commitment as required under Carmel City Ordinance No. D- 2288-16.
I. Company: SBRG is an Indiana limited liability company whose majority owner has a current
affiliation with multiple Restaurants, Breweries, and Distilleries in Indiana and Michigan (Brockway
Public House, Danny Boy Draft Works IU, Danny Boy Draft Works Notre Dame, Danny Boy Beer
Works, War Water Brewery, and The Abbey Taproom), The company is owned by an investment
team lead by Kevin Paul, with Barry Miller acting as its operational member.
2. Location: SBRG is exploring a joint building renovation initiative with the Bub's Cafd located at 220
2nd Street SW, Carmel, Indiana 46032, for the operation of its Restaurant Craft Beer and Small Batch
Distillery. The location is within Carmel's Midtown Development District. See Appendix A.
3. Theme: Smoke'n Barrel is a small business adventure of Kevin Paul, Barry Miller and Associates from
Carmel, Indiana. The concept is to provide in an open-air setting for small batch bourbons & spirits,
artisanal cocktails, craft beers and smoked foods to the greater Carmel market.
4. Nature and Type of Dining: Our new Carmel location will be a full -service restaurant that will seat
approximately 100+ patrons. Attached, as Appendix 8 is a copy of our proposed menu.
S. Applicant's Business Experience: Kevin Paul has been a business owner for almost 25 years. He and
his partners have an established software and services firm headquartered in Carmel hosting more
than 125 employees. With 4 additional offices, including an international office in Amsterdam, the
company currently employs 300 associates both domestically and internationally. Blue Horseshoe
has called Carmel its home since 2001.
Kevin entered into the restaurant industry with his late wife Lainie in 2007 when they opened The
Brockway Public House in Carmel, The Brockway has since become a staple concept along the Old
Meridian corridor. Kevin and wife Megan Paul own and operate Danny Boy Beer Works of Carmel
(est 2014), Danny Boy Draft Works @ Notre Dame lest 2017) and IU lest 2018). They have also
established a Spirits company and Distilling concept in Carmel (est 2017) in addition to a Brewery
and Taproom in St Clair, Michigan lest 2015). Barry Miller has been an employee of the Brockway
Public House for 11 years and has been Its acting General Manager since 2017. Prior to joining the
Brockway Public House he worked and retired from UPS as a training and safety manager.
6. Benefits to the City of Carmel: SBRG anticipates hiring approximately 40 new employees for this
location, with an estimated annual payroll of $285,000. The Restaurant Craft Bar and Distillery Is to
be located in a beautiful newly renovated building and will feature high quality furnishings and
decor. in addition to the construction of the building by SBRG, Smoke'n Barrel will be investing an
additional $1,000,000 in build out and equipment. Smoke'n Barrel will offer a spacious outdoor
dining experience featuring both beer garden and street side seating along 2i6 Street and the
Monon Trail. The building and interior will reinforce the quality brand that Carmel residents have
come to expect. Moreover, Smoke'n Barrel is a one-off concept that will be unique to Carmel, its
residents and guests.
Exhibit
Agreements: The applicant agrees that: (i) the permit location falls within the Arts and Design
District, (ii) the permit, if issued, shall not be transferred from the premises for which it is issued or
from the permit holder to whom it Is Issued. (ill) The applicant agrees that all terms set forth in this
commitment shall be binding upon the Permit applicant, the Permit holder, and each and every
lessee and/or proprietor of the permitted premises. (iv) The applicant agrees that it and every lessor
of the permitted premises shall remain open to the public a minimum of six (6) days and thirty (30)
hours per week, and that table and /or counter wait staff shall be available at all such times. (v) The
applicant agrees that if issued the Permit it will forward both to the council and the mayor a copy of
any application to renew such Permit, as well as provide the same with timely notice of any filings,
hearings, or other proceedings regarding or pertaining to such Permit renewal application.
ALL OF THE ABOVE IS HEREBY AGREE UPON AND AFFIRMED BY SMOKE'N BARREL RESTAURANT
GROUP, LLC
(
Kevin P I
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