License Committee — Burlington, VT
Date: 2026-04-08
Time: 16:15

City Council - License Committee

Wednesday, April 8, 2026, 4:15 PM, Bushor Conference Room, 149 Church Street, 1st
 Floor

Join from PC, Mac, iPad, or Android:
https://zoom.us/j/97075250918
Phone one-tap:
+16469313860, 97075250918# US
Join via audio:
+1 646 931 3860 US
Webinar ID: 970 7525 0918
International numbers available: https://zoom.us/u/abvpedMUa4
1. Agenda
  Subject 1.1. Motion to amend/adopt agenda
  Meeting April 8, 2026 - City Council License Committee Meeting - Wednesday, April 8, 2026,
 4:15 PM, Bushor Conference Room, 149 Church Street, 1st Floor


  Category 1. Agenda

  Department Council and Board


  Type Action
 Procedural


  Recommended Action Motion to adopt agenda as amended as follows: add to the agenda item 3.4. 131
 Battery-Encumbrance Permit Application -- Outdoor Tent sales area - DPW (per
 Excavation Inspector Alice Schwencke)

2. Consent Agenda
  Subject 2.1. Motion to adopt the consent agenda and take the actions indicated
  Meeting April 8, 2026 - City Council License Committee Meeting - Wednesday, April 8, 2026,
 4:15 PM, Bushor Conference Room, 149 Church Street, 1st Floor


  Category 2. Consent Agenda

  Department Council and Board


  Type Action (Consent)
 Procedural
Recommended Action Motion to adopt the consent agenda and take the actions indicated

Subject 2.2. Indoor and Outdoor Entertainment Permit Renewals (2026-2027): see
 attached list
Meeting April 8, 2026 - City Council License Committee Meeting - Wednesday, April 8, 2026,
 4:15 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 2. Consent Agenda

Department Department of Finance and Administration


Type Action (Consent)


Recommended Action approve the 2026-2027 Indoor and Outdoor Entertainment Permit Renewals as listed
 with all standard conditions

Subject 2.3. Tobacco License and Tobacco Substitute Endorsement Renewals (2026-
 2027): see attached list
Meeting April 8, 2026 - City Council License Committee Meeting - Wednesday, April 8, 2026,
 4:15 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 2. Consent Agenda

Department Department of Finance and Administration


Type Action (Consent)


Recommended Action approve the 2026-2027 Tobacco License and Tobacco Substitute Endorsement Renewals
 as listed

Subject 2.4. Special Event Outdoor Entertainment Permit Application (one day only):
 South End Get Down, Brian's Automotive, 98 North Avenue, parking lot,
 Saturday, June 20, 2026, 5 pm - 10 pm
Meeting April 8, 2026 - City Council License Committee Meeting - Wednesday, April 8, 2026,
 4:15 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 2. Consent Agenda

Department Department of Finance and Administration


Type Action (Consent)


Recommended Action approve the one day only special event outdoor entertainment permit application for
 South End Get Down, Brian's Automotive, 98 North Avenue, parking lot, Saturday, June
 20, 2026, 5 pm - 9 pm

Subject 2.5. Special Event Outdoor Entertainment Permit Application (every Friday
 from May 15 - September 4, 2026): South End Get Down, 377 Pine Street,
 parking lot, 5 pm - 11 pm
Meeting April 8, 2026 - City Council License Committee Meeting - Wednesday, April 8, 2026,
 4:15 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 2. Consent Agenda

Department Department of Finance and Administration
  Type Action (Consent)


  Recommended Action approve the special event outdoor entertainment permit application (every Friday from
 May 15 - September 4, 2026) for South End Get Down, 377 Pine Street, parking lot, 5
 pm - 11 pm

3. Deliberative Agenda
  Subject 3.1. Indoor Entertainment Permit Application (2026-2027): Mama Tried, 78
 Pine Street
  Meeting April 8, 2026 - City Council License Committee Meeting - Wednesday, April 8, 2026,
 4:15 PM, Bushor Conference Room, 149 Church Street, 1st Floor


  Category 3. Deliberative Agenda

  Department Department of Finance and Administration


  Type Action


  Recommended Action approve the 2026-2027 Indoor Entertainment Permit Application for Mama Tried, 78
 Pine Street with the following conditions: all City permits need to be closed out and with
 all standard conditions

  Subject 3.2. Indoor Entertainment Permit Application (2026-2027): Upper Pass Beer
 Company, 1127 North Avenue, Suite 8
  Meeting April 8, 2026 - City Council License Committee Meeting - Wednesday, April 8, 2026,
 4:15 PM, Bushor Conference Room, 149 Church Street, 1st Floor


  Category 3. Deliberative Agenda

  Department Department of Finance and Administration


  Type Action


  Recommended Action approve the 2026-2027 Indoor Entertainment Permit Application for Upper Pass Beer
 Company, 1127 North Avenue, Suite 8 with all standard conditions

  Subject 3.3. Outdoor Entertainment Permit Application (2026-2027): SEABA, 400 Pine
 Street
  Meeting April 8, 2026 - City Council License Committee Meeting - Wednesday, April 8, 2026,
 4:15 PM, Bushor Conference Room, 149 Church Street, 1st Floor


  Category 3. Deliberative Agenda

  Department Department of Finance and Administration


  Type Action


  Recommended Action approve the 2026-2027 Outdoor Entertainment Permit Application for SEABA, 400 Pine
 Street with all standard conditions

  Subject 3.4. 131 Battery-Encumbrance Permit Application -- Outdoor Tent sales area -
 DPW
 Meeting April 8, 2026 - City Council License Committee Meeting - Wednesday, April 8, 2026,
 4:15 PM, Bushor Conference Room, 149 Church Street, 1st Floor


 Category 3. Deliberative Agenda

 Department Public Works Department


 Type Action


 Recommended Action to approve and recommend that the City Council approve the Encumbrance Application
 for April Cornell, LTD d/b/a April Cornell for the address located at 131 Battery Street,
 requesting use of the parking area for an outdoor sales area and to further recommend
 that the City Council authorize the Mayor to enter into a license agreement with the
 Applicant for use of the portion of the right-of-way outlined in the Application, subject to
 review by the City Attorney’s Office

4. Adjournment
 Subject 4.1. Motion to adjourn
 Meeting April 8, 2026 - City Council License Committee Meeting - Wednesday, April 8, 2026,
 4:15 PM, Bushor Conference Room, 149 Church Street, 1st Floor


 Category 4. Adjournment

 Department Council and Board


 Type Action
 Procedural


 Recommended Action Motion to adjourn

City Council - License Committee

Wednesday, April 8, 2026, 4:15 PM, Bushor Conference Room, 149 Church Street, 1st
 Floor

Join from PC, Mac, iPad, or Android:
https://zoom.us/j/97075250918
Phone one-tap:
+16469313860, 97075250918# US
Join via audio:
+1 646 931 3860 US
Webinar ID: 970 7525 0918
International numbers available: https://zoom.us/u/abvpedMUa4
1. Agenda
  Subject 1.1. Motion to amend/adopt agenda
  Meeting April 8, 2026 - City Council License Committee Meeting - Wednesday, April 8, 2026,
 4:15 PM, Bushor Conference Room, 149 Church Street, 1st Floor


  Category 1. Agenda

  Department Council and Board


  Type Action
 Procedural


  Recommended Action Motion to adopt agenda as amended as follows: add to the agenda item 3.4. 131
 Battery-Encumbrance Permit Application -- Outdoor Tent sales area - DPW (per
 Excavation Inspector Alice Schwencke)

2. Consent Agenda
  Subject 2.1. Motion to adopt the consent agenda and take the actions indicated
  Meeting April 8, 2026 - City Council License Committee Meeting - Wednesday, April 8, 2026,
 4:15 PM, Bushor Conference Room, 149 Church Street, 1st Floor


  Category 2. Consent Agenda

  Department Council and Board


  Type Action (Consent)
 Procedural



 Page 1 of 56
Recommended Action Motion to adopt the consent agenda and take the actions indicated

Subject 2.2. Indoor and Outdoor Entertainment Permit Renewals (2026-2027): see
 attached list
Meeting April 8, 2026 - City Council License Committee Meeting - Wednesday, April 8, 2026,
 4:15 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 2. Consent Agenda

Department Department of Finance and Administration


Type Action (Consent)


Recommended Action approve the 2026-2027 Indoor and Outdoor Entertainment Permit Renewals as listed
 with all standard conditions

Subject 2.3. Tobacco License and Tobacco Substitute Endorsement Renewals (2026-
 2027): see attached list
Meeting April 8, 2026 - City Council License Committee Meeting - Wednesday, April 8, 2026,
 4:15 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 2. Consent Agenda

Department Department of Finance and Administration


Type Action (Consent)


Recommended Action approve the 2026-2027 Tobacco License and Tobacco Substitute Endorsement Renewals
 as listed

Subject 2.4. Special Event Outdoor Entertainment Permit Application (one day only):
 South End Get Down, Brian's Automotive, 98 North Avenue, parking lot,
 Saturday, June 20, 2026, 5 pm - 10 pm
Meeting April 8, 2026 - City Council License Committee Meeting - Wednesday, April 8, 2026,
 4:15 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 2. Consent Agenda

Department Department of Finance and Administration


Type Action (Consent)


Recommended Action approve the one day only special event outdoor entertainment permit application for
 South End Get Down, Brian's Automotive, 98 North Avenue, parking lot, Saturday, June
 20, 2026, 5 pm - 9 pm

Subject 2.5. Special Event Outdoor Entertainment Permit Application (every Friday
 from May 15 - September 4, 2026): South End Get Down, 377 Pine Street,
 parking lot, 5 pm - 11 pm
Meeting April 8, 2026 - City Council License Committee Meeting - Wednesday, April 8, 2026,
 4:15 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 2. Consent Agenda

Department Department of Finance and Administration


 Page 2 of 56
  Type Action (Consent)


  Recommended Action approve the special event outdoor entertainment permit application (every Friday from
 May 15 - September 4, 2026) for South End Get Down, 377 Pine Street, parking lot, 5
 pm - 11 pm

3. Deliberative Agenda
  Subject 3.1. Indoor Entertainment Permit Application (2026-2027): Mama Tried, 78
 Pine Street
  Meeting April 8, 2026 - City Council License Committee Meeting - Wednesday, April 8, 2026,
 4:15 PM, Bushor Conference Room, 149 Church Street, 1st Floor


  Category 3. Deliberative Agenda

  Department Department of Finance and Administration


  Type Action


  Recommended Action approve the 2026-2027 Indoor Entertainment Permit Application for Mama Tried, 78
 Pine Street with the following conditions: all City permits need to be closed out and with
 all standard conditions

  Subject 3.2. Indoor Entertainment Permit Application (2026-2027): Upper Pass Beer
 Company, 1127 North Avenue, Suite 8
  Meeting April 8, 2026 - City Council License Committee Meeting - Wednesday, April 8, 2026,
 4:15 PM, Bushor Conference Room, 149 Church Street, 1st Floor


  Category 3. Deliberative Agenda

  Department Department of Finance and Administration


  Type Action


  Recommended Action approve the 2026-2027 Indoor Entertainment Permit Application for Upper Pass Beer
 Company, 1127 North Avenue, Suite 8 with all standard conditions

  Subject 3.3. Outdoor Entertainment Permit Application (2026-2027): SEABA, 400 Pine
 Street
  Meeting April 8, 2026 - City Council License Committee Meeting - Wednesday, April 8, 2026,
 4:15 PM, Bushor Conference Room, 149 Church Street, 1st Floor


  Category 3. Deliberative Agenda

  Department Department of Finance and Administration


  Type Action


  Recommended Action approve the 2026-2027 Outdoor Entertainment Permit Application for SEABA, 400 Pine
 Street with all standard conditions

  Subject 3.4. 131 Battery-Encumbrance Permit Application -- Outdoor Tent sales area -
 DPW




 Page 3 of 56
 Meeting April 8, 2026 - City Council License Committee Meeting - Wednesday, April 8, 2026,
 4:15 PM, Bushor Conference Room, 149 Church Street, 1st Floor


 Category 3. Deliberative Agenda

 Department Public Works Department


 Type Action


 Recommended Action to approve and recommend that the City Council approve the Encumbrance Application
 for April Cornell, LTD d/b/a April Cornell for the address located at 131 Battery Street,
 requesting use of the parking area for an outdoor sales area and to further recommend
 that the City Council authorize the Mayor to enter into a license agreement with the
 Applicant for use of the portion of the right-of-way outlined in the Application, subject to
 review by the City Attorney’s Office

4. Adjournment
 Subject 4.1. Motion to adjourn
 Meeting April 8, 2026 - City Council License Committee Meeting - Wednesday, April 8, 2026,
 4:15 PM, Bushor Conference Room, 149 Church Street, 1st Floor


 Category 4. Adjournment

 Department Council and Board


 Type Action
 Procedural


 Recommended Action Motion to adjourn




 Page 4 of 56
 2026-2027 Indoor/Outdoor Entertainment License Renewals
 City Council License Committee Meeting, Wednesday, April 8, 2026
 UPDATED 040726 LO

Indoor:

American Flatbread – Burlington Hearth
Butter
Citizen Cider
Doma Bar LLC
Einstein’s Tap House
Elk’s Club
Finnigan’s Pub
Olde Northender Pub
Red Square
SEABA
Taco Gordo
The Skinny Pancake
Vermont Comedy Club

Outdoor:

Butter
Elk’s Club
Red Square
The Skinny Pancake




 Page 5 of 56
 2026-2027 Indoor/Outdoor Entertainment License Renewals
 City Council License Committee Meeting, Wednesday, April 8, 2026

Indoor:

American Flatbread – Burlington Hearth
Citizen Cider
Doma Bar LLC
Elk’s Club
Olde Northender Pub Butter
Red Square
SEABA
The Skinny Pancake
Vermont Comedy Club

Outdoor:

Butter
Elk’s Club
Red Square
The Skinny Pancake




 Page 6 of 56
 2026-2027 Tobacco License and Tobacco Substitute Endorsement Renewals
 City Council License Committee Meeting, Wednesday, April 8, 2026
 UPDATED 040726 LO

Tobacco:

Henry Street Deli
JR’s Corner Store
Momo’s Market

Tobacco Substitute Endorsement:

JR’s Corner Store




 Page 7 of 56
 2026-2027 Tobacco License and Tobacco Substitute Endorsement Renewals
 City Council License Committee Meeting, Wednesday, April 8, 2026

Tobacco:

JR’s Corner Store
Momo’s Market

Tobacco Substitute Endorsement:

JR’s Corner Store




 Page 8 of 56
Page 9 of 56
Page 10 of 56
Page 11 of 56
Page 12 of 56
Page 13 of 56
Page 14 of 56
Page 15 of 56
Page 16 of 56
Page 17 of 56
Page 18 of 56
Page 19 of 56
Page 20 of 56
Page 21 of 56
Page 22 of 56
Page 23 of 56
Page 24 of 56
Page 25 of 56
Page 26 of 56
Page 27 of 56
Page 28 of 56
Page 29 of 56
Page 30 of 56
Page 31 of 56
Page 32 of 56
Page 33 of 56
Page 34 of 56
Page 35 of 56
Page 36 of 56
 CITY OF BURLINGTON
 DEPARTMENT OF PUBLIC WORKS
 645 Pine Street, Suite A
 Post Office Box 849
 Burlington, VT 05402-0849
 802.863.9094 VOX
 802.863.0466 FAX
 802.863.0450 TTY
 www.burlingtonvt.gov




MEMORANDUM

TO: License Committee/City Council

FROM: Alice Schwencke, Excavation Inspector, Department of Public Works

DATE: April 8 , 2026

CC: Laura Wheelock, P.E.; Division Director of Public Works/City Engineer
 Chapin Spencer, Director of Public Works

RE: 131 Battery–Encumbrance Permit Application – Outdoor Tent sales area


Request

The Applicant, April Cornell, LTD, contracted by owner of the establishment located at 131 Battery
Street, is requesting approval for a 10x10 tent on the East side of April Cornell in a free City
parking lot. The tent is to remain there from 05/01/2026 until 10/20/2026 to exist in the public right-
of-way. The request, if approved, will provide an outdoor sales area with protection from the
weather and elements through a License Agreement with the City.

As stated in Burlington Code of Ordinance Chapter 27-32(a): “No permit as required by
Section 27-31 shall be for longer than sixty (60) days, except as authorized by the city council.”

Overview

April Cornell submitted an encumbrance permit application to the Department of Public Works on
November 20, 2026 requesting to occupy 100 square feet (9.29 Meters Squared) of City right-of-
way space on Battery Street, in the free parking area of the public right-of-way to accommodate
a 10x10 (.929 x .929 meter squared) tent.

The proposed encumbered area consisting of a 10’x10’ (.929 x .929 Meter Squared) will occupy
the parking stall directly adjacent the establishment in front of the property.

The 10x10 (.929 x .929 Meter Squared) tent meets all the requirements to occupy the public right-
of-way and will not impede the sidewalk or traveled lanes on Battery Street. The free parking area
on East of Battery Street is open to public use and not restricted by residential parking or time
limited restrictions.

 The tent area will be used by the April Cornell during normal business hours. During times when
the business is not open, the tent will remain in place overnight. The holes from the tent stakes
will be repaired with an approved substance prior to winter.




 Page 37 of 56
RE: 131 Battery Street April 6th, 2026
 Page | 2 of 2



The Applicant will be responsible for any future maintenance or repairs and any other conditions
as defined in the License Agreement. The tent is expected to occupy the parking stall from May
1st 2026 to October 20th 2026. Items will be removed from the street at the end of the date for
the winter months.


Recommendation

The Department of Public Works is supportive of entering into a License Agreement between the
Applicant and the City.

Thank you for your consideration of this request. Please do not hesitate to contact me directly at
Aschwencke@burlingtonvt.gov or 802-495-6176.

Attachment

 A. DPW Recommendation
 B. Application
 D. Certificate of Insurance
 E. Photo

Motions:

License Committee:
 “To approve and recommend that the City Council approve the Encumbrance Application
 for April Cornell, LTD d/b/a April Cornell for the address located at 131 Battery Street,
 requesting use of the parking area for an outdoor sales area and to further recommend
 that the City Council authorize the Mayor to enter into a license agreement with the
 Applicant for use of the portion of the right-of-way outlined in the Application, subject to
 review by the City Attorney’s Office.”

City Council:
 “To approve the Encumbrance Application for April Cornell, LTD d/b/a April Cornell at 131
 Battery Street requesting use of the parking area for an outdoor tent area and authorize
 the Mayor to enter into a license agreement with the Applicant for use of the portion of
 the right-of-way outlined in the Application, subject to review by the City Attorney’s Of-
 fice.”




 An Equal Opportunity Employer
 This material is available in alternative formats for persons with disabilities. To request an
 accommodation, please call 802.863.9094 (voice) or 802.863.0450 (TTY).
 Page 38 of 56
Dear Licensing Committee Members,



The Department of Public Works recommends approval of the Encumbrance Permit Application
submitted by April Cornell for the use of public right-of-way at 131 Battery. This recommendation is
based on a thorough review of the application and is subject to the conditions outlined below and
review by the City Attorney's Office.

April Cornell is requesting this permanent encumbrance on the west side of Battery Street, adjacent to
business front. This encumbrance is to include a 10x10 tent in a parking spaces in front of 131 Battery,
April Cornell. This 10’x10’ tent will provide outdoor sales area for the warmer months, by boosting the
visibility of April Cornell and their sales.

The proposed arrangement is in full compliance with the Burlington Code of Ordinances, specifically
Section 27-31(a), which permits encumbrances exceeding 60 days with the approval of Licensing
Committee Members. The Department of Public Works (DPW) recommends formalizing this through a
structured License Agreement, with the ability to renew the permit yearly.

We respectfully request that the Licensing Committee and City Council approve this proposal,
contingent upon the aforementioned conditions and subject to review by the City Attorney’s Office.

Thank you for your consideration on this matter. Should you require further information, I am available
at ASchwencke@burlingtonvt.gov or 802-865-7562.



Sincerely,

Alice Schwencke

Excavation Inspector

Department of Public Works

City of Burlington
aschwencke@burlingtonvt.gov
802-495-6176




 Page 39 of 56
REN-25-14 about:srcdoc




 Right-of-Way Encumbrance Application

 Type of Encumbrance Requested*

 Long-Term Encumbrance (More than 60
 Days)



 Encumbrance Description*




 Location of Encumbrance * Will City Parking Spaces be Encumbered?*

 131 Battery Street –



 Parking Encumbrance Fees Apply*

 –




 Page 40 of 56
1 of 8 4/6/2026, 11:12 AM
REN-25-14 about:srcdoc




 The length of Long-Term Encumbrances (years) are negotiated on a case-by-case
 basis, and may be renewed at the request of the applicant.



 Encumbrance Term (Years) Encumbrance Start Date

 – 05/01/2026



 Encumbrance End Date Area Encumbered (Square Feet)

 10/20/2026 169



 Company Information

 Company Name DBA Name

 CORNELL MAIN STREET LP April Cornell



 Phone FAX

 802-448-3281



 Street Address City, State Zip

 131 Battery Street Burlington, VT 05401



 Email

 MJBALLARD@APRILCORNELL.NET



 Instructions




 Page 41 of 56
2 of 8 4/6/2026, 11:12 AM
REN-25-14 about:srcdoc




 Please Attach:

 1. Certificate of Liability Insurance with holder as the “CITY OF BURLINGTON,
 BURLINGTON PUBLIC WORKS, ENCUMBRANCE APPLICATION DEPT., 645
 PINE ST, BURLINGTON, VT 05401”.


 2. Endorsement to Insurance Policy (separate from the Certificate of Insurance)
 listing the Cancellation Policy as 15 notice for non-payment or 45 days for any
 other reason.


 3. Endorsement to Insurance Policy (separate from the Certificate of Insurance)
 specifically listing the City as Additional Insured.


 4. Sketch, photo, or blueprint of what you are proposing.


 5. Check for Total Amount Due. ($25 Application fee + $1 per square foot)


 Encumbrance Not Valid until Permit is Issued. Permit will be Issued after City Council
 Approval.




 Page 42 of 56
3 of 8 4/6/2026, 11:12 AM
REN-25-14 about:srcdoc




 Please Attach:

 1. Certificate of Liability Insurance with holder as the “CITY OF BURLINGTON,
 BURLINGTON PUBLIC WORKS, ENCUMBRANCE APPLICATION DEPT., 645
 PINE ST, BURLINGTON, VT 05401”.


 2. Endorsement to Insurance Policy (separate from the Certificate of Insurance)
 listing the Cancellation Policy as 15 notice for non-payment or 45 days for any
 other reason.


 3. Endorsement to Insurance Policy (separate from the Certificate of Insurance)
 specifically listing the City as Additional Insured.


 4. Sketch, photo, or blueprint of what you are proposing.


 5. Check for Total Amount Due. ($25 Application fee + $1 square foot)


 Permit will be Issued after City Council Approval. Permit Not Valid until Fee Payment is
 Received.




 Page 43 of 56
4 of 8 4/6/2026, 11:12 AM
REN-25-14 about:srcdoc




 Please Attach:

 1. Certificate of Liability Insurance with holder as the “CITY OF BURLINGTON,
 BURLINGTON PUBLIC WORKS, ENCUMBRANCE APPLICATION DEPT., 645
 PINE ST, BURLINGTON, VT 05401”.


 2. Endorsement to Insurance Policy (separate from the Certificate of Insurance)
 listing the Cancellation Policy as 15 notice for non-payment or 45 days for any
 other reason.


 3. Endorsement to Insurance Policy (separate from the Certificate of Insurance)
 specifically listing the City as Additional Insured.


 4. Sketch, photo, or blueprint of what you are proposing.


 5. Check for Total Amount Due. ($25 Application fee + $1 per square foot)


 Permit will be Issued after City Council Approval. Permit Not Valid until Fee Payment is
 Received.




 Application Fee: $25 + $1 per square foot encumbered.



 Jurisdiction BCO 27-31(a)


 It shall be unlawful for any person, firm or corporation to temporarily obstruct a street or
 sidewalk without first obtaining a written permit therefor from the director of public works
 or his or her designee, except as hereinafter provided.

 Within the Church Street Marketplace District on any portion of Church Street, College
 Street, Bank Street, or Cherry Street used for vehicular traffic, the director of public
 works or his or her designee shall not issue a permit until the executive director of the
 Church Street Marketplace department approves of such obstruction. In the inner two
 (2) pedestrian blocks of the marketplace district, the executive director of the Church
 Street Marketplace department shall have exclusive jurisdiction to issue permits.




 Page 44 of 56
5 of 8 4/6/2026, 11:12 AM
REN-25-14 about:srcdoc




 Required Documentation

 Certificate of Insurance Insurance Expiration Date

 –



 Endorsement of Additional Insured Endorsement for Cancellation




 Site Map or Photograph(s)




 Reporting

 Encumbrance For:

 –



 City Department Review

 Attorney Sign Off Attorney Sign Off Date

 –



 Right-of-Way Sign Off Right-of-Way Sign Off Date

 –



 City Council Review

 City Council Meeting Date City Council Approval

 –


 Page 45 of 56
6 of 8 4/6/2026, 11:12 AM
REN-25-14 about:srcdoc




 City Council Approval Date

 –



 Attachments



 COL.pdf
 COL.pdf
 Uploaded by Mary Jane Ballard on Nov 20, 2025 at 12:01 PM




 Record Activity




 Timeline

 Due
 Label Activated Completed Assignee Status
 Date


 Page 46 of 56
7 of 8 4/6/2026, 11:12 AM
REN-25-14 about:srcdoc



 Due
 Label Activated Completed Assignee Status
 Date

 11/20/2025, 12/12/2025, Mary Jane Completed
 Encumbrance -
 12:03:16 PM 10:34:29 AM Ballard
 Fee Payment

 City Council 12/12/2025, Alice Active
 - -
 Approval 10:34:29 AM Schwencke




 Page 47 of 56
8 of 8 4/6/2026, 11:12 AM
 ENCUMBRANCE PERMIT AND LICENSE AGREEMENT
 April Cornell Holdings, LTD.
 131 Battery Street Burlington VT 05401


This Long-term Encumbrance Permit and License Agreement (“Agreement”) is made by and between the
City of Burlington, a municipal corporation organized and validly existing under the laws of the State of
Vermont, and April Cornell Holdings DBA April Cornell located at 131 Battery Street Burlington VT
05401, April Cornell. The City and Licensee agree to the terms and conditions of this Agreement.

1. RECITALS
 A. Authority. Authority to enter into this Agreement exists in the City Charter and Burlington City
 Ordinance 27-32. Required approvals, clearance, and coordination have been accomplished from
 and within each Party.
 B. Consideration. The Parties acknowledge that the mutual promises and covenants contained herein
 and other good and valuable consideration are sufficient and adequate to support this Agreement.

 C. Background. The City owns property, including the street and sidewalk right-of-way adjacent to
 131 Battery Street Burlington. Licensee has submitted a construction encumbrance application
 seeking the continued occupation of City right-of-way on Battery Street. According to Licensee’s
 application, it will cover 100 square foot area of free public parking.

 D. Purpose. This Agreement sets forth the terms and conditions for the allowed use of the public right-
 of-way.

2. DEFINITIONS
 A. “Effective Date” means the date on which this Agreement is approved and signed by the City as
 shown on the signature page of this Agreement.
 B. “Encumbrance Fee” means the sum of the encumbrance application fee, and the square foot use
 fee annually set by the City.
 C. “Party” means the City or Licensee and “Parties” means both the City and Licensee.
 D. “Premises” means the Parking Space right-of-way on the West Side of Battery Street. directly in
 front of 131 Battery Street Burlington.
E. “Property” means the commercial building lot located at 131 Battery Street in Burlington, Ver-
mont,
 inclusive of the barricade fencing that are the subject of this Agreement.

3. EFFECTIVE DATE AND TERM
 A. Effective Date. This Agreement shall not be valid or enforceable until the Effective Date. The
 City shall not be bound by any provision of this Agreement before the Effective Date and shall
 have no obligation for any performance before the Effective Date or after the expiration or
 termination of this Agreement. Licensee’s obligations hereunder for indemnification, defense,
 and restoration of the Premises and other City property shall survive expiration or termination
 hereof.
 B. Term. This Agreement shall commence on the Effective Date and expire on 5/1/2026.
 C. Termination. This Agreement may be terminated as set forth in this paragraph (C). Upon
 1


 Page 48 of 56
 termination, Licensee shall remove—at its own expense—all objects, materials, and other
 obstructions placed on the Premises. If Licensee refuses to promptly remove such obstructions,
 the City may remove all such obstructions and the Licensee shall be liable for all expenses of
 such removal.
 i. Discontinued Use. The City shall have the exclusive right to immediately terminate this
 Agreement should Licensee or a subsequent owner discontinue the licensed use of the
 premise.

 ii. Termination for Convenience. At any time prior to completion of services specified
 under this Agreement, the City may terminate the Agreement for any reason by submitting
 written notice via certified or registered mail to the Licensee, not less than fifteen (15) days
 prior to the termination date, of its intention to do so. The Licensee shall make no claim
 against the City by reason of such termination.
 iii. Breach. The City shall have the exclusive right to terminate this Agreement if Licensee is
 in breach of this Agreement. The City shall provide seven (7) days written notice in
 advance of the termination date.
 iv. Non-Compliance. If any of the License Conditions are not met to the satisfaction of the
 City, the Licensee will be responsible for restoration of the Premises, the sidewalk adjacent
 to the property, and any other City property damaged, destroyed, or otherwise affected by
 Licensee or its officers, employees, agents, customers/invitees, successors, or assigns,
 within seven (7) days of receiving written notice.
 v. Renewal. This agreement shall be renewable annually for a one (1) year term provided that
 Licensee submits a timely annual renewal application certifying that its renewal does not
 amend, modify or otherwise change the existing agreement, pays the requisite fees, and
 provides updated proof of insurance and all applicable endorsements, and provided that the
 Department of Public Works certifies that licensee is still in compliance with terms of this
 agreement.

4. GRANT OF LICENSE
 The City hereby grants to Licensee a license to install a 10x10 tent for a sales area for outdoor sales on
 the sidewalk directly adjacent to 131 Battery Street, totaling an area of 100 square feet for the term set
 forth above. Licensee may use and shall maintain the outdoor seating area existing in the City’s
 right-of-way.

LICENSE CONDITIONS

The Premises shall be maintained in accordance with all conditions set by DPW. Such conditions shall
include the following enumerated conditions, but may also be supplemented by DPW upon reasonable
notice in the event DPW determines that the public safety, health and or welfare require such
supplemental conditions:

 A. April Cornell shall take all reasonable precautions to protect the public from potential hazards
 resulting and emanating from the Premises due to activities related to the uses for which this
 encumbrance is permitted.

 B. April Cornell shall control the dust and dirt and other debris on the encumbered area and
 adjoining areas, including picking up and sweeping such dust, dirt and debris, working condition.


 2


 Page 49 of 56
 All costs associated with the maintenance and upkeep of the encumbered area are solely the
 responsibility of April Cornell.

  C. April Cornell shall not allow obstructions and interferences in the lines of sight on the Premises
 or the adjacent area.


  D. April Cornell shall be responsible for the maintenance and associated repair of approximately 100
 square feet of the street and sidewalk on Battery Street.

  E. The Department of Public Works reserves the right to extend this agreement for one additional
 year, provided that the licensee submit any and all documents required by the Department of
 Public Works that would warrant the extension of this agreement.


5. PAYMENT FOR LICENSE

 A. License Fee. Licensee shall pay the City an encumbrance fee, as described in Attachment A.

 B. Initial License Fee. By signing this Agreement, the Parties acknowledge that Licensee has
 paid the City the license fee for the period beginning [05/01/2026] and ending [10/20/2026].

 C. Parking Meter Fee. Licensee shall pay all associated parking meter fees.


6. INSURANCE
  A. Requirement. Licensee shall maintain throughout the term of this Agreement, and any
 subsequent extension or renewals, commercial general liability insurance from an insurance
 carrier rated A-:VII or higher by A.M. Best Co. and admitted in the State of Vermont, insuring
 against all legal liability for injuries or damages suffered as a result of the exercise of privileges
 granted by this Agreement in an amount not less than $100,000 each occurrence, $300,000
 aggregate.
  B. Evidence. Prior to execution of this Agreement, Licensee shall furnish the City with a certificate
 of insurance and endorsement that includes the provision naming the City as an additional insured
 on a primary, non-contributory basis and waiving subrogation against the City. Licensee shall
 take all reasonable efforts to acquire an endorsement providing the City with thirty (30) days’
 written notification of cancellation. If such endorsement is not reasonably available, then
 Licensee shall provide the City with notification of any impending cancellations within three (3)
 days after receipt of such notice from its insurance carrier. The current certificate of insurance
 and applicable endorsements are attached to this Agreement as Attachment D.
  C. Continuing Obligation. Licensee shall provide the City with an updated certificate of insurance
 and applicable endorsements annually on or before the certificate’s stated expiration. It is the
 responsibility of Licensee to ensure that a current certificate of insurance is on file with the City
 at all times.

7. INDEMNIFICATION
  Licensee shall indemnify, defend, and hold harmless the City, its officers, officials, agents, and
  employees from liability for any claims, suits, expenses, losses, judgments, penalties, fines, costs

 3


 Page 50 of 56
  (including attorneys’ fees and costs), and damages arising as a result of the Licensee’s acts and/or
  omissions, and the acts and/or omissions of Licensee’s officers, directors, employees, agents,
  contractors, subcontractors, customers/invitees, successors, or assigns arising from or related to
  Licensee’s use of the Premises or in connection with this Agreement or the privileges granted to it
  under this Agreement, excepting claims arising from the City’s gross negligence or willful
  misconduct. If the City, its officers, officials, agents, or employees are notified of any claims asserted
  against it to which this indemnification provision may apply, the City shall promptly thereafter notify
  the Licensee in writing that a claim to which the indemnification provision may apply has been
  received. Licensee shall promptly retain counsel and otherwise provide a complete defense against
  the entire claim or suit. The City retains the right to participate, at its own expense, in the defense of
  any claim, and to approve all proposed settlements of clams to which this provision applies. Under no
  conditions shall the City be obligated to indemnify the Licensee or any third party, nor shall the City
  be otherwise liable for expenses or reimbursement including attorney’s fees, collection costs, or other
  costs, of the Licensee or any third party.

8. RESPONSIBILITY FOR SUPERVISION:

  Licensee shall assume responsibility for general supervision of its contractors and any subcontractors,
  shall be solely responsible for all procedures, methods, and work, and shall be responsible to the City
  for all acts or omissions of its officers, employees, agents, contractors, subcontractors, or any other
  person related to any activity or work performed in connection with this Agreement or the privileges
  granted to Licensee under this Agreement.

9. PUBLIC RELATIONS

  Throughout the performance of the work, the Licensee will endeavor to maintain good relations with
  the public and any affected property owners. Personnel employed by or representing the Licensee shall
  conduct themselves with propriety.

10. PERMITS
  Licensee shall be responsible for obtaining all necessary City and/or State permits prior to performing
  any work on the Premises or in connection with this Agreement.

11. NUISANCES PROHIBITED
  Licensee shall not—during the term of this Agreement—on or in the Premises, maintain, commit, or
  permit the maintenance or commission of any nuisance or violation of any applicable City ordinance,
  State or Federal statute, or controlling law, regulation, or condition imposed whether existing at the
  time of commencement of this Agreement or enacted, amended, or otherwise put into effect during
  the term of this Agreement.

12. INSPECTION OF WORK

  The City shall, at all times, have access to the Premises for the purposes of inspection and the Licensee
  shall provide whatever access is considered necessary to accomplish such inspections. At any time, the
  Licensee shall permit the City or representative for the City the opportunity to inspect any plans,
  drawings, estimates, specifications, or other materials prepared or undertaken by the Licensee.

13. ASSIGNMENT OF RIGHTS
  If Licensee sells the Property, Licensee may temporarily assign the privileges granted herein to the

 4


 Page 51 of 56
  new owner of the Property for a period of sixty (60) days after closing. Any subsequent owner of the
  Property shall execute a new agreement with the City and provide proof of insurance within the sixty
  (60) day period. Failure to comply with this section shall constitute a discontinued use under §3.C.i
  of this Agreement.

14. LIMITATION OF RIGHTS; PROPERTY TAXES
  Licensee acknowledges that no title, estate, leasehold, easement, or other property interest or other
  right is created other than that specifically defined and limited by this Agreement. Any property tax
  liability arising from this Agreement under Vermont law, notwithstanding the foregoing, shall be the
  sole responsibility of Licensee.

15. WAIVER
  The City’s failure or delay in exercising any right, power, or privilege under this Agreement, whether
  explicit or by lack of enforcement, shall not operate as a waiver, notwithstanding the passage of time.
  Waiver by the City may only occur through an expressed written waiver signed by an authorized
  representative of the City. No waiver of a breach of any of the covenants, agreements, or provisions
  contained in this Agreement shall be construed to be a waiver of any subsequent breach of the same
  or of any other provision in this Agreement.

16. ENTIRE AGREEMENT
  This Agreement contains the entire understanding of the Parties with respect to the subject matter of
  this Agreement. All prior representations and understandings related to Licensee’s use of the
  specified portions of the City’s right-of-way, oral or written, are merged into this Agreement. Prior or
  contemporaneous additions, deletions, or other changes to this Agreement shall not have any force or
  effect whatsoever, unless embodied herein.

17. MODIFICATION
  Modifications to this Agreement shall only be valid if agreed to in a formal written amendment to this
  Agreement, properly executed and approved by the Parties.

18. THIRD PARTY BENEFICIARIES
  This Agreement does not confer any rights or remedies upon any person or entity other the Parties.
  Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the
  Parties. Any services or benefits which third parties receive as a result of this Agreement are
  incidental to this Agreement and do not create any right for such third parties.

19. MISCELLANEOUS

  If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or
  unenforceable, the remainder shall remain in effect as necessary to effectuate the original intent of the
  Parties as closely as possible; provided, however, that if any provision hereof relating to
  indemnification or defense for the protection of the City and its taxpayers is held to be invalid and
  unenforceable, then this Agreement shall have no further prospective force or effect, except that it
  shall be enforced to the fullest extent allowed by law for the protection of the City and its taxpayers
  with respect to prior transactions and occurrences. This Agreement shall be construed according to
  Vermont law, notwithstanding conflicts of law principles, and venue for any dispute arising from this
  Agreement shall be proper in Chittenden County, Vermont, notwithstanding any other law. This
  Agreement shall not be construed its drafter. In case of any dispute arising from this Agreement, the

 5


 Page 52 of 56
  prevailing party shall be entitled to attorneys’ fees and costs.

20. ATTACHMENTS
  The following attachments are adopted, incorporated by reference, and made part of this Agreement:
  A. Attachment A: Licensee’s Application
  B. Attachment B: Department of Public Works Encumbrance Memo Form
  C. Attachment C: Photographs and Sketches of Encroachment
  D. Attachment D: Certificate of Insurance

21. ORDER OF PRECEDENT
  This Agreement shall control over any conflicting attachment.



 — Signature Page Follows —




 6


 Page 53 of 56
22. SIGNATURE PAGE
  Persons signing for the Parties hereby swear and affirm that they are authorized to act on behalf of
  their respective Party and acknowledge that the other Party is relying on their representations to that
  effect. This Agreement may be executed in counterparts, each of which shall be deemed an original.
  This Agreement may be executed electronically, and an electronic copy or other facsimile shall be
  treated as an original.

 The Parties hereto have executed this Agreement


 LICENSEE
 April Cornell Holdings, LTD
 By: __________________________________
 [Donna Larrabee, Director]

 By: ________________________________
 [Susan Lindberg, Manager]

 Date: ____________________




 CITY OF BURLINGTON



 By: _________________________________
 Mayor Emma Mulvaney-Stanak

 Date: ____________________




 7


 Page 54 of 56
Page 55 of 56
Page 56 of 56

BURLINGTON CITY COUNCIL - LICENSE COMMITTEE
 BUSHOR CONFERENCE ROOM, 149 CHURCH STREET, 1ST FLOOR
 MINUTES OF MEETING
 April 8, 2026




1. Agenda
1. Agenda
Chair Broderick convened the meeting at 4:26 pm.

Members present: Chair Broderick and Councilor Schachter (both in person); Councilor Traverse (online)
Others present: Lori Olberg and Phil Edgerley (online)

Subject 1.1. Motion to amend/adopt agenda
Meeting April 8, 2026 - City Council License Committee Meeting - Wednesday, April 8,
 2026, 4:15 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 1. Agenda

Department Council and Board


Type Action
 Procedural


Recommended Action Motion to adopt agenda as amended as follows: add to the agenda item 3.4. 131
 Battery-Encumbrance Permit Application -- Outdoor Tent sales area - DPW (per
 Excavation Inspector Alice Schwencke)
1.1. Motion to amend/adopt agenda
Motion made by Councilor Schachter, seconded by Councilor Traverse, to adopt the agenda as amended and
presented. Motion passed unanimously.


2. Consent Agenda
2. Consent Agenda
Motion made by Councilor Traverse, seconded by Councilor Schachter, to adopt the consent agenda as
presented. Motion passed unanimously.l

Subject 2.1. Motion to adopt the consent agenda and take the actions indicated
Meeting April 8, 2026 - City Council License Committee Meeting - Wednesday, April 8,
 2026, 4:15 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 2. Consent Agenda

Department Council and Board
Type Action (Consent)
 Procedural


Recommended Action Motion to adopt the consent agenda and take the actions indicated
2.1. Motion to adopt the consent agenda and take the actions indicated


Subject 2.2. Indoor and Outdoor Entertainment Permit Renewals (2026-2027): see
 attached list
Meeting April 8, 2026 - City Council License Committee Meeting - Wednesday, April 8,
 2026, 4:15 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 2. Consent Agenda

Department Department of Finance and Administration


Type Action (Consent)


Recommended Action approve the 2026-2027 Indoor and Outdoor Entertainment Permit Renewals as
 listed with all standard conditions
2.2. Indoor and Outdoor Entertainment Permit Renewals (2026-2027): see attached list


Subject 2.3. Tobacco License and Tobacco Substitute Endorsement Renewals
 (2026-2027): see attached list
Meeting April 8, 2026 - City Council License Committee Meeting - Wednesday, April 8,
 2026, 4:15 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 2. Consent Agenda

Department Department of Finance and Administration


Type Action (Consent)


Recommended Action approve the 2026-2027 Tobacco License and Tobacco Substitute Endorsement
 Renewals as listed
2.3. Tobacco License and Tobacco Substitute Endorsement Renewals (2026-2027): see attached list


Subject 2.4. Special Event Outdoor Entertainment Permit Application (one day
 only): South End Get Down, Brian's Automotive, 98 North Avenue, parking
 lot, Saturday, June 20, 2026, 5 pm - 10 pm
Meeting April 8, 2026 - City Council License Committee Meeting - Wednesday, April 8,
 2026, 4:15 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 2. Consent Agenda

Department Department of Finance and Administration


Type Action (Consent)
Recommended Action approve the one day only special event outdoor entertainment permit application
 for South End Get Down, Brian's Automotive, 98 North Avenue, parking lot,
 Saturday, June 20, 2026, 5 pm - 9 pm
2.4. Special Event Outdoor Entertainment Permit Application (one day only): South End Get Down, Brian's
Automotive, 98 North Avenue, parking lot, Saturday, June 20, 2026, 5 pm - 10 pm


Subject 2.5. Special Event Outdoor Entertainment Permit Application (every Friday
 from May 15 - September 4, 2026): South End Get Down, 377 Pine Street,
 parking lot, 5 pm - 11 pm
Meeting April 8, 2026 - City Council License Committee Meeting - Wednesday, April 8,
 2026, 4:15 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 2. Consent Agenda

Department Department of Finance and Administration


Type Action (Consent)


Recommended Action approve the special event outdoor entertainment permit application (every Friday
 from May 15 - September 4, 2026) for South End Get Down, 377 Pine Street,
 parking lot, 5 pm - 11 pm
2.5. Special Event Outdoor Entertainment Permit Application (every Friday from May 15 - September 4,
2026): South End Get Down, 377 Pine Street, parking lot, 5 pm - 11 pm


3. Deliberative Agenda
3. Deliberative Agenda

Subject 3.1. Indoor Entertainment Permit Application (2026-2027): Mama Tried,
 78 Pine Street
Meeting April 8, 2026 - City Council License Committee Meeting - Wednesday, April 8,
 2026, 4:15 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 3. Deliberative Agenda

Department Department of Finance and Administration


Type Action


Recommended Action approve the 2026-2027 Indoor Entertainment Permit Application for Mama Tried,
 78 Pine Street with the following conditions: all City permits need to be closed out
 and with all standard conditions
3.1. Indoor Entertainment Permit Application (2026-2027): Mama Tried, 78 Pine Street
Motion made by Councilor Schachter, seconded by Councilor Traverse, to approve the motion as presented.
Motion passed unanimously.


Subject 3.2. Indoor Entertainment Permit Application (2026-2027): Upper Pass
 Beer Company, 1127 North Avenue, Suite 8
Meeting April 8, 2026 - City Council License Committee Meeting - Wednesday, April 8,
 2026, 4:15 PM, Bushor Conference Room, 149 Church Street, 1st Floor
Category 3. Deliberative Agenda

Department Department of Finance and Administration


Type Action


Recommended Action approve the 2026-2027 Indoor Entertainment Permit Application for Upper Pass
 Beer Company, 1127 North Avenue, Suite 8 with all standard conditions
3.2. Indoor Entertainment Permit Application (2026-2027): Upper Pass Beer Company, 1127 North Avenue,
Suite 8
Motion made by Councilor Schachter, seconded by Councilor Traverse, to approve the motion as presented.
Motion passed unanimously.

**Note: Monday end time: 10 pm


Subject 3.3. Outdoor Entertainment Permit Application (2026-2027): SEABA, 400
 Pine Street
Meeting April 8, 2026 - City Council License Committee Meeting - Wednesday, April 8,
 2026, 4:15 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 3. Deliberative Agenda

Department Department of Finance and Administration


Type Action


Recommended Action approve the 2026-2027 Outdoor Entertainment Permit Application for SEABA, 400
 Pine Street with all standard conditions
3.3. Outdoor Entertainment Permit Application (2026-2027): SEABA, 400 Pine Street
Christy Mitchell spoke to this agenda item.

Motion made by Councilor Traverse, seconded by Councilor Schachter, to amend the application as follows:
every night end time: 11 pm. Motion passed unanimously.
Motion made by Councilor Schachter, seconded by Councilor Traverse, to approve the motion as amended.
Motion passed uannimously.


Subject 3.4. 131 Battery-Encumbrance Permit Application -- Outdoor Tent sales
 area - DPW
Meeting April 8, 2026 - City Council License Committee Meeting - Wednesday, April 8,
 2026, 4:15 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 3. Deliberative Agenda

Department Public Works Department


Type Action


Recommended Action to approve and recommend that the City Council approve the Encumbrance
 Application for April Cornell, LTD d/b/a April Cornell for the address located at 131
 Battery Street, requesting use of the parking area for an outdoor sales area and to
 further recommend that the City Council authorize the Mayor to enter into a license
 agreement with the Applicant for use of the portion of the right-of-way outlined in
 the Application, subject to review by the City Attorney’s Office
3.4. 131 Battery-Encumbrance Permit Application -- Outdoor Tent sales area - DPW
DPW Excavation Inspector Schwencke spoke to this agenda item. May 1, 2026 - October 1, 2027.

Motion made by Councilor Schachter, seconded Councilor Traverse, to approve the motion as
presented. Motion passed unanimously.


4. Adjournment
4. Adjournment

Subject 4.1. Motion to adjourn
Meeting April 8, 2026 - City Council License Committee Meeting - Wednesday, April 8,
 2026, 4:15 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 4. Adjournment

Department Council and Board


Type Action
 Procedural


Recommended Action Motion to adjourn
4.1. Motion to adjourn
Chair Broderick adjourned the meeting at 4:54 pm.