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Regular meeting May 23, 2005 is does not want to change the ordinance dealing with restaurants. If it is modified, he would like the creation of a new category called "movie theatres" that would be allowed to serve beer and wine. Ms. Welsch respectfully disagreed with Mr. Wagner, saying she would like to change the ordinance once to all liquor, then allow this applicant to obtain a license for beer and wine only, and to return after six to eight months, after successful monitoring of the business, to increase the license to full liquor. She preferred to not assume that theatres cannot manage a full liquor license. Joe Edwards, 6504 Delmar Boulevard, asked for support of the Tivoli Theatre, by approving this it would help them continue to have the means to keep attracting business and for holding special events. Charles Smarr, 312 East Capitol, Jefferson City, Missouri and attorney for the Tivoli Theatre, asking for approval of the resubmitted application for beer and wine only license. He came to answer any questions. Mayor Adams asked if beer and wine would be sold at the late shows and was advised no. Mr. Smarr said they were willing to voluntarily self-impose restrictions for the late show because it was the exception to the usually more mature audience. Mr. Wagner said he understood there would be no sales at all at the late show and it sounds like now this is being changed to beer and wine being sold, but not being allowed in the theatre proper. He believes that this would be hard for the theatre staff to monitor. He preferred the applicant's statement that there would be no sales at all at the late show as was said the last time. If there needs to be a change, Mr. Wagner wanted to know its rationale. Mr. Smarr said that was his understanding. There were discussions with Landmark Theatres, who prefer to be able to sell liquor at all times, but if the Council prefers for approval's sake, to have no sales at the midnight show, they would self-impose that restriction initially and see how it goes from there. Ms. Brot said that even though she has great respect for Joe Edwards, she is just having a hard time with this measure. She feels that the clientele, due to its location, consists of younger people oftentimes depending upon the show, younger meaning college kids and seniors in high school. She is very concerned about having the beer and wine come into the theatre. She understands that security measures will be put in place to help assure that people can only access liquor legally; however, she also knows based on experience as a mother, that young people can take advantage of the situation very easily, such as sharing alcohol with individuals younger than 21. She discussed this with the City Manager and he assured her that this situation will be monitored. Her question to her colleagues is, if we approve beer or wine to be purchased by the glass or the can or the bottle that can be brought into the theatre, how can the situation be monitored to insure that our younger audience, under 21, is not imbibing. Mr. Smarr responded that he shared her concerns, as does his client, and the Page 7