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99-292Council File # q� - a g �1 Green Sheet # 64007 Presented b} Referred To Committee Date 1 W��REAS, the I.egislative Hearing Off'icer re mmends that license application (ID # 19980007540) for a 2 Malt Off 5ale License by Ahmad Ibrahim, A Mona's Market, 1218 Thomas Avenue, be approved; therefore 3 be it 4 RESOLVED, that the Council of City of Saint Paul hereby approves this license. � �� �� o �� � � �� \ � � ��� Yeas 5 6 7 8 9 10 11 Coleman Harri Ben anav Reiter Bostrom I.anay RESOLUTION SAINT PAUL, MIN SOTA Absent Requested by Depazhnent of: � Form Approved by City Attorney � 12 13 Adopted by Council: Date l4 Adoption Certified by Council Secretary l5 By: 6 Approved by Mayoz: Aate 7 By: Approved by Mayor foz Submission to Council By: / 9q -�.9�. DEPARTMENT/OFFICHCAUNCIL OPTE INITIATEp City Council Offices 3-29-99 GREEN SHEET No 64007 COMACT PERSON & PFiONE InIMaUDats InIWUDaIe Gerry Strathman, 266-5575 nFS�x,.arowECron a�rcaun. MUS7 BE ON CAIJNCIL AGENOA BY (DAT� ❑ ❑ April 7, 1999 � �.� �.� ru�ave we aamxc � FwxawsEm�c¢aaut w�w+cut.mnnxero ❑ Wrorslaewssuv�p ❑ TOTAL # OF SIGNATURE PAGES (CL1P ALL LOCATIONS FOR SIGNATURE) CTION REDUESTEO Approving application for a Malt Off Sale License by Ahmad Ibrahim, DBA Mona`s Market, 1218 Thomas Avenue. RE M ENDA71 N APpfOVO (A w ReJeM iR) PERSONALSERVICE CONiRACTS MUSTANSWER THf FOLLOWIN6 QUESTIONS: 1. H�thispa�soMm�evervrotketlunderflconfmctforthisdepartmeM? PLANNING COMMISSION YES NO CIB CAMMITfEE 2. Has this pe�soNfirm ever been a ciry empbyee7 CIVILSERVICECOMMISSION YES NO 3. Does this persoNfirm possess a sldll not namallyposses5etl by any curre�k cny empbyee? YES NO 4. Is this peSONfirtn a tarpeted ventlo/1 ' YES NO F�plain all yes ar�swera on separate sheet antl attach ta reen sheet iNIT1ATWG PROBLEM ISSUE.OPPORTUNITV (WFw. What When. WMre.YJhy) ADVANTAGESIFAPPROVEO /� 6 p7 �+ 46��.��++§ i"l�i..1�i;+:i� 1+�+���r �16�R 2 9 19�9 DISADVAN7AGESIFAPPROVEO � DISADVANTAGES IF NOTAPPROVED TOTAL AM1IOUNT OF iRAN5ACT10N S COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNUING SoURCE ACTNM NUMBER FINANCIAL INFORMrttiON (EXPLAIN) 9� a�� MINUTES OF'I`HE LEGISLATNE HEARING MONAS, 1218 THOMAS AVENL3E March 23, 1999 Room 330 Courthouse Gerry Strathman, I.egislative Hearing Officer STAFF PRESENT: CYuistine Rozek, License, Inspections, Environmental Protection (LIEP) Gerry Strathman called the meeting to order at 4:02 p.m. Chrisfine Rozek reported this is a license application for an Off Sale 3.2 Malt License. The following requirements have been met: fire inspection, licensing fees, zoning inspection for parking requirements, and environmental health inspection. There aze no pending adverse actions. LIEP's recommendation is for approval of the license. Eleanor Schuitz, 1224 Edmund Avenue, appeazed and stated this business is near two schools. Children go by the store all the time. It would create heavier traffic. `I`his is a residential area. Cleral Adams, 1221 Edmund Avenue, appeared and stated he has lived less than 50 feet from the store for almost 30 years. This is a nice neighborhood, and he would like to keep it this way. It is not a gain to the neighborhood to have liquor. Young children go by this area. Irene Jensen, 1224 Edmund Avenue, appeazed and stated it is vuinerable far children to be around this. This is a small community, but traffic is heavy. Gerry Strathman asked is there a reason to believe this owner would sell to minors. Eleanor Schultz responded they unknowingly sell to minors. Mark McMorrow stated he has lived in the neighborhood for six years. The owner has done a good job of upgrading the building. Mr. McMorrow has a young daughter. Where there is alcohol, there are people hanging around, and that causes trouble. 'I`here are other liguor stores in the azea; there is no need for one in the middle of their neighborhood. Gerry Strathman asked is there a reason to feel the owner would seil alcohol to minors. Mr. McMonow responded no. Gerry 5trathman received the following correspondence, all objecting to the licenses: dated February 9, Deirdre Garvey, 1217 Edmund Avenue; Much 3, Gail and Muk Reitan, 1198 Thomas Avenue, with a petition signed by 22 people; February 9, Eleanor Schultz and Irene Jensen, 1224 Edmund Avenue; February 15, Susan Schmidt and Henry Schmit, 1207 Edmund Avenue; anonymous note with no date; February 24, Jim and Kitty Cavanaugh, 1231 Thomas Avenue; no date, Susan Pilon, 1243 Edmund Avenue; March 4, Kathleen L,onergan, Robert Morrell, Conor Monell; March 3, Vicki and Mark McMorrow, 1187 Thomas Avenue; February 1999, G. Brown, 1235 Edmund Avenue; no date, T. Niemczycki, 1195 Thomas Avenue; 3-18-99, Bnxce Beliin and Shelly Nash, 1222 Thomas Avenue. Gail Reitan, 1198 Thomas Avenue, appeared and stated her concern is that people's behavior cannot be guaranteed once they leave the store. There are 17 children under the age of 16 in a square block area. There are a number of elderly in the neighborhood. Thomas is already a heavily trafficked street. Last spring, different owners had a public telephone installed on the outside of the store. Ms. Reitan was amazed at how it changed the nature of the street. People urinated on the lawn, there was broken glass, a lot of loitering. i� a �a- LEGISLATIVE HEARING FOR MONA'S, 1218 Thomas Avenue Page 2 CTerry Strathman stated he has to operate under the law. He reviewed the criteria for taking adverse action: he has to fmd that the license activity creates a serious danger to the public health, safety, or welfare. Or the business operates, maintains, and pernuts conditions that unreasonably annoy, endanger, injure the public safety, health, morals, comfort, or repose of a considerable number of people in the public. Another ciause refers to advancing the public peace, eliminating condi6ons that constitute a nuisance or detriment to the enjoyment of urban life, promoting security and safety in nearby neighborhoods. Mr. Sirathman stated it is the store owner's intent to attract more customers. It seems credible that it will increase the tr�c in the azea. It is possible that it could attract an undesirable element; however, there aze hundred of stores that se113.2 beer, and the City cannot characterize everyone that buys or sells beer as undesirable and a threat to the public safety. There are schools nearby, but there is no reason to believe the owner will sell alcohol to children. Mr. Strathman has difficulty in finding a basis in fact to say this business is a danger, threatens the welfare of the neighborhood to such an intent that we should not allow this business owner to do what other owner's do. Gail Reitan asked how much needs to be documented to constitute an annoyance. Gerry Strathman responded the law reads "unreasonably annoy: ' What constitutes as unreasonable is open to interpretation. Gerry Strathman stated his finding is the recommendation to the City Council. This will be on the agenda for April 7. He encouraged the group to talk to Council Member 7esry Blakey and share with him their concerns. Another option is to add conditions to the license, but there are no conditions that would address the problems this group raised. If the neighbors find that the law has been broken, an adverse action can be iniUated at any point. Chrisfine Rozek reported LIEP does regular compliance checks. 7f there are problems selling to minors, a compliance check will be done. If there a number of failures of these checks, there are grounds to revoke the license. LIEP will entertain any complaints about the establishment. LIEP is willing to sit with the neighborhood and the licensee to work out conditions to make the neighborhood more livable and still ailow the owner to run his business. Granting a license does not mean LIEP is done with the issue. The ordinance is cleaz that a bar cannot be within 300 feet from a church or school, but it does not mention anything about off sale. Gerry Strathman stated it is possible the neighbors' fears may come riue. On the other hand, this person has a piece of property and has a right to use that property in any legal way to make a living. Mark McMorrow asked what right he has. Mr. Strathman responded Mr. McMonow has a right not to be hazmed by this business. Gerry Strathman recommended approval of this license. The meeting was adjourned at 4:37 p.m. � q9- aq�- From: To: Date: Subject: Christine Rozek CCounciLCOUNCIL.jerryb, CCouncil.COUNC{Lgerrym, 4/23199 9:42am R �29�T�ior�as;:� - i received a written request from the license applicant at Mona's t is pending 3.2 mait license for 1218 Thomas. This license application has been to legislative hearing, appeared on the councii agenda on 417 , and has been laid over to -" `'" Let me know if there is anything more thaf you would like me to do. Council File # q� - a g �1 Green Sheet # 64007 Presented b} Referred To Committee Date 1 W��REAS, the I.egislative Hearing Off'icer re mmends that license application (ID # 19980007540) for a 2 Malt Off 5ale License by Ahmad Ibrahim, A Mona's Market, 1218 Thomas Avenue, be approved; therefore 3 be it 4 RESOLVED, that the Council of City of Saint Paul hereby approves this license. � �� �� o �� � � �� \ � � ��� Yeas 5 6 7 8 9 10 11 Coleman Harri Ben anav Reiter Bostrom I.anay RESOLUTION SAINT PAUL, MIN SOTA Absent Requested by Depazhnent of: � Form Approved by City Attorney � 12 13 Adopted by Council: Date l4 Adoption Certified by Council Secretary l5 By: 6 Approved by Mayoz: Aate 7 By: Approved by Mayor foz Submission to Council By: / 9q -�.9�. DEPARTMENT/OFFICHCAUNCIL OPTE INITIATEp City Council Offices 3-29-99 GREEN SHEET No 64007 COMACT PERSON & PFiONE InIMaUDats InIWUDaIe Gerry Strathman, 266-5575 nFS�x,.arowECron a�rcaun. MUS7 BE ON CAIJNCIL AGENOA BY (DAT� ❑ ❑ April 7, 1999 � �.� �.� ru�ave we aamxc � FwxawsEm�c¢aaut w�w+cut.mnnxero ❑ Wrorslaewssuv�p ❑ TOTAL # OF SIGNATURE PAGES (CL1P ALL LOCATIONS FOR SIGNATURE) CTION REDUESTEO Approving application for a Malt Off Sale License by Ahmad Ibrahim, DBA Mona`s Market, 1218 Thomas Avenue. RE M ENDA71 N APpfOVO (A w ReJeM iR) PERSONALSERVICE CONiRACTS MUSTANSWER THf FOLLOWIN6 QUESTIONS: 1. H�thispa�soMm�evervrotketlunderflconfmctforthisdepartmeM? PLANNING COMMISSION YES NO CIB CAMMITfEE 2. Has this pe�soNfirm ever been a ciry empbyee7 CIVILSERVICECOMMISSION YES NO 3. Does this persoNfirm possess a sldll not namallyposses5etl by any curre�k cny empbyee? YES NO 4. Is this peSONfirtn a tarpeted ventlo/1 ' YES NO F�plain all yes ar�swera on separate sheet antl attach ta reen sheet iNIT1ATWG PROBLEM ISSUE.OPPORTUNITV (WFw. What When. WMre.YJhy) ADVANTAGESIFAPPROVEO /� 6 p7 �+ 46��.��++§ i"l�i..1�i;+:i� 1+�+���r �16�R 2 9 19�9 DISADVAN7AGESIFAPPROVEO � DISADVANTAGES IF NOTAPPROVED TOTAL AM1IOUNT OF iRAN5ACT10N S COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNUING SoURCE ACTNM NUMBER FINANCIAL INFORMrttiON (EXPLAIN) 9� a�� MINUTES OF'I`HE LEGISLATNE HEARING MONAS, 1218 THOMAS AVENL3E March 23, 1999 Room 330 Courthouse Gerry Strathman, I.egislative Hearing Officer STAFF PRESENT: CYuistine Rozek, License, Inspections, Environmental Protection (LIEP) Gerry Strathman called the meeting to order at 4:02 p.m. Chrisfine Rozek reported this is a license application for an Off Sale 3.2 Malt License. The following requirements have been met: fire inspection, licensing fees, zoning inspection for parking requirements, and environmental health inspection. There aze no pending adverse actions. LIEP's recommendation is for approval of the license. Eleanor Schuitz, 1224 Edmund Avenue, appeazed and stated this business is near two schools. Children go by the store all the time. It would create heavier traffic. `I`his is a residential area. Cleral Adams, 1221 Edmund Avenue, appeared and stated he has lived less than 50 feet from the store for almost 30 years. This is a nice neighborhood, and he would like to keep it this way. It is not a gain to the neighborhood to have liquor. Young children go by this area. Irene Jensen, 1224 Edmund Avenue, appeazed and stated it is vuinerable far children to be around this. This is a small community, but traffic is heavy. Gerry Strathman asked is there a reason to believe this owner would sell to minors. Eleanor Schultz responded they unknowingly sell to minors. Mark McMorrow stated he has lived in the neighborhood for six years. The owner has done a good job of upgrading the building. Mr. McMorrow has a young daughter. Where there is alcohol, there are people hanging around, and that causes trouble. 'I`here are other liguor stores in the azea; there is no need for one in the middle of their neighborhood. Gerry Strathman asked is there a reason to feel the owner would seil alcohol to minors. Mr. McMonow responded no. Gerry 5trathman received the following correspondence, all objecting to the licenses: dated February 9, Deirdre Garvey, 1217 Edmund Avenue; Much 3, Gail and Muk Reitan, 1198 Thomas Avenue, with a petition signed by 22 people; February 9, Eleanor Schultz and Irene Jensen, 1224 Edmund Avenue; February 15, Susan Schmidt and Henry Schmit, 1207 Edmund Avenue; anonymous note with no date; February 24, Jim and Kitty Cavanaugh, 1231 Thomas Avenue; no date, Susan Pilon, 1243 Edmund Avenue; March 4, Kathleen L,onergan, Robert Morrell, Conor Monell; March 3, Vicki and Mark McMorrow, 1187 Thomas Avenue; February 1999, G. Brown, 1235 Edmund Avenue; no date, T. Niemczycki, 1195 Thomas Avenue; 3-18-99, Bnxce Beliin and Shelly Nash, 1222 Thomas Avenue. Gail Reitan, 1198 Thomas Avenue, appeared and stated her concern is that people's behavior cannot be guaranteed once they leave the store. There are 17 children under the age of 16 in a square block area. There are a number of elderly in the neighborhood. Thomas is already a heavily trafficked street. Last spring, different owners had a public telephone installed on the outside of the store. Ms. Reitan was amazed at how it changed the nature of the street. People urinated on the lawn, there was broken glass, a lot of loitering. i� a �a- LEGISLATIVE HEARING FOR MONA'S, 1218 Thomas Avenue Page 2 CTerry Strathman stated he has to operate under the law. He reviewed the criteria for taking adverse action: he has to fmd that the license activity creates a serious danger to the public health, safety, or welfare. Or the business operates, maintains, and pernuts conditions that unreasonably annoy, endanger, injure the public safety, health, morals, comfort, or repose of a considerable number of people in the public. Another ciause refers to advancing the public peace, eliminating condi6ons that constitute a nuisance or detriment to the enjoyment of urban life, promoting security and safety in nearby neighborhoods. Mr. Sirathman stated it is the store owner's intent to attract more customers. It seems credible that it will increase the tr�c in the azea. It is possible that it could attract an undesirable element; however, there aze hundred of stores that se113.2 beer, and the City cannot characterize everyone that buys or sells beer as undesirable and a threat to the public safety. There are schools nearby, but there is no reason to believe the owner will sell alcohol to children. Mr. Strathman has difficulty in finding a basis in fact to say this business is a danger, threatens the welfare of the neighborhood to such an intent that we should not allow this business owner to do what other owner's do. Gail Reitan asked how much needs to be documented to constitute an annoyance. Gerry Strathman responded the law reads "unreasonably annoy: ' What constitutes as unreasonable is open to interpretation. Gerry Strathman stated his finding is the recommendation to the City Council. This will be on the agenda for April 7. He encouraged the group to talk to Council Member 7esry Blakey and share with him their concerns. Another option is to add conditions to the license, but there are no conditions that would address the problems this group raised. If the neighbors find that the law has been broken, an adverse action can be iniUated at any point. Chrisfine Rozek reported LIEP does regular compliance checks. 7f there are problems selling to minors, a compliance check will be done. If there a number of failures of these checks, there are grounds to revoke the license. LIEP will entertain any complaints about the establishment. LIEP is willing to sit with the neighborhood and the licensee to work out conditions to make the neighborhood more livable and still ailow the owner to run his business. Granting a license does not mean LIEP is done with the issue. The ordinance is cleaz that a bar cannot be within 300 feet from a church or school, but it does not mention anything about off sale. Gerry Strathman stated it is possible the neighbors' fears may come riue. On the other hand, this person has a piece of property and has a right to use that property in any legal way to make a living. Mark McMorrow asked what right he has. Mr. Strathman responded Mr. McMonow has a right not to be hazmed by this business. Gerry Strathman recommended approval of this license. The meeting was adjourned at 4:37 p.m. � q9- aq�- From: To: Date: Subject: Christine Rozek CCounciLCOUNCIL.jerryb, CCouncil.COUNC{Lgerrym, 4/23199 9:42am R �29�T�ior�as;:� - i received a written request from the license applicant at Mona's t is pending 3.2 mait license for 1218 Thomas. This license application has been to legislative hearing, appeared on the councii agenda on 417 , and has been laid over to -" `'" Let me know if there is anything more thaf you would like me to do. Council File # q� - a g �1 Green Sheet # 64007 Presented b} Referred To Committee Date 1 W��REAS, the I.egislative Hearing Off'icer re mmends that license application (ID # 19980007540) for a 2 Malt Off 5ale License by Ahmad Ibrahim, A Mona's Market, 1218 Thomas Avenue, be approved; therefore 3 be it 4 RESOLVED, that the Council of City of Saint Paul hereby approves this license. � �� �� o �� � � �� \ � � ��� Yeas 5 6 7 8 9 10 11 Coleman Harri Ben anav Reiter Bostrom I.anay RESOLUTION SAINT PAUL, MIN SOTA Absent Requested by Depazhnent of: � Form Approved by City Attorney � 12 13 Adopted by Council: Date l4 Adoption Certified by Council Secretary l5 By: 6 Approved by Mayoz: Aate 7 By: Approved by Mayor foz Submission to Council By: / 9q -�.9�. DEPARTMENT/OFFICHCAUNCIL OPTE INITIATEp City Council Offices 3-29-99 GREEN SHEET No 64007 COMACT PERSON & PFiONE InIMaUDats InIWUDaIe Gerry Strathman, 266-5575 nFS�x,.arowECron a�rcaun. MUS7 BE ON CAIJNCIL AGENOA BY (DAT� ❑ ❑ April 7, 1999 � �.� �.� ru�ave we aamxc � FwxawsEm�c¢aaut w�w+cut.mnnxero ❑ Wrorslaewssuv�p ❑ TOTAL # OF SIGNATURE PAGES (CL1P ALL LOCATIONS FOR SIGNATURE) CTION REDUESTEO Approving application for a Malt Off Sale License by Ahmad Ibrahim, DBA Mona`s Market, 1218 Thomas Avenue. RE M ENDA71 N APpfOVO (A w ReJeM iR) PERSONALSERVICE CONiRACTS MUSTANSWER THf FOLLOWIN6 QUESTIONS: 1. H�thispa�soMm�evervrotketlunderflconfmctforthisdepartmeM? PLANNING COMMISSION YES NO CIB CAMMITfEE 2. Has this pe�soNfirm ever been a ciry empbyee7 CIVILSERVICECOMMISSION YES NO 3. Does this persoNfirm possess a sldll not namallyposses5etl by any curre�k cny empbyee? YES NO 4. Is this peSONfirtn a tarpeted ventlo/1 ' YES NO F�plain all yes ar�swera on separate sheet antl attach ta reen sheet iNIT1ATWG PROBLEM ISSUE.OPPORTUNITV (WFw. What When. WMre.YJhy) ADVANTAGESIFAPPROVEO /� 6 p7 �+ 46��.��++§ i"l�i..1�i;+:i� 1+�+���r �16�R 2 9 19�9 DISADVAN7AGESIFAPPROVEO � DISADVANTAGES IF NOTAPPROVED TOTAL AM1IOUNT OF iRAN5ACT10N S COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNUING SoURCE ACTNM NUMBER FINANCIAL INFORMrttiON (EXPLAIN) 9� a�� MINUTES OF'I`HE LEGISLATNE HEARING MONAS, 1218 THOMAS AVENL3E March 23, 1999 Room 330 Courthouse Gerry Strathman, I.egislative Hearing Officer STAFF PRESENT: CYuistine Rozek, License, Inspections, Environmental Protection (LIEP) Gerry Strathman called the meeting to order at 4:02 p.m. Chrisfine Rozek reported this is a license application for an Off Sale 3.2 Malt License. The following requirements have been met: fire inspection, licensing fees, zoning inspection for parking requirements, and environmental health inspection. There aze no pending adverse actions. LIEP's recommendation is for approval of the license. Eleanor Schuitz, 1224 Edmund Avenue, appeazed and stated this business is near two schools. Children go by the store all the time. It would create heavier traffic. `I`his is a residential area. Cleral Adams, 1221 Edmund Avenue, appeared and stated he has lived less than 50 feet from the store for almost 30 years. This is a nice neighborhood, and he would like to keep it this way. It is not a gain to the neighborhood to have liquor. Young children go by this area. Irene Jensen, 1224 Edmund Avenue, appeazed and stated it is vuinerable far children to be around this. This is a small community, but traffic is heavy. Gerry Strathman asked is there a reason to believe this owner would sell to minors. Eleanor Schultz responded they unknowingly sell to minors. Mark McMorrow stated he has lived in the neighborhood for six years. The owner has done a good job of upgrading the building. Mr. McMorrow has a young daughter. Where there is alcohol, there are people hanging around, and that causes trouble. 'I`here are other liguor stores in the azea; there is no need for one in the middle of their neighborhood. Gerry Strathman asked is there a reason to feel the owner would seil alcohol to minors. Mr. McMonow responded no. Gerry 5trathman received the following correspondence, all objecting to the licenses: dated February 9, Deirdre Garvey, 1217 Edmund Avenue; Much 3, Gail and Muk Reitan, 1198 Thomas Avenue, with a petition signed by 22 people; February 9, Eleanor Schultz and Irene Jensen, 1224 Edmund Avenue; February 15, Susan Schmidt and Henry Schmit, 1207 Edmund Avenue; anonymous note with no date; February 24, Jim and Kitty Cavanaugh, 1231 Thomas Avenue; no date, Susan Pilon, 1243 Edmund Avenue; March 4, Kathleen L,onergan, Robert Morrell, Conor Monell; March 3, Vicki and Mark McMorrow, 1187 Thomas Avenue; February 1999, G. Brown, 1235 Edmund Avenue; no date, T. Niemczycki, 1195 Thomas Avenue; 3-18-99, Bnxce Beliin and Shelly Nash, 1222 Thomas Avenue. Gail Reitan, 1198 Thomas Avenue, appeared and stated her concern is that people's behavior cannot be guaranteed once they leave the store. There are 17 children under the age of 16 in a square block area. There are a number of elderly in the neighborhood. Thomas is already a heavily trafficked street. Last spring, different owners had a public telephone installed on the outside of the store. Ms. Reitan was amazed at how it changed the nature of the street. People urinated on the lawn, there was broken glass, a lot of loitering. i� a �a- LEGISLATIVE HEARING FOR MONA'S, 1218 Thomas Avenue Page 2 CTerry Strathman stated he has to operate under the law. He reviewed the criteria for taking adverse action: he has to fmd that the license activity creates a serious danger to the public health, safety, or welfare. Or the business operates, maintains, and pernuts conditions that unreasonably annoy, endanger, injure the public safety, health, morals, comfort, or repose of a considerable number of people in the public. Another ciause refers to advancing the public peace, eliminating condi6ons that constitute a nuisance or detriment to the enjoyment of urban life, promoting security and safety in nearby neighborhoods. Mr. Sirathman stated it is the store owner's intent to attract more customers. It seems credible that it will increase the tr�c in the azea. It is possible that it could attract an undesirable element; however, there aze hundred of stores that se113.2 beer, and the City cannot characterize everyone that buys or sells beer as undesirable and a threat to the public safety. There are schools nearby, but there is no reason to believe the owner will sell alcohol to children. Mr. Strathman has difficulty in finding a basis in fact to say this business is a danger, threatens the welfare of the neighborhood to such an intent that we should not allow this business owner to do what other owner's do. Gail Reitan asked how much needs to be documented to constitute an annoyance. Gerry Strathman responded the law reads "unreasonably annoy: ' What constitutes as unreasonable is open to interpretation. Gerry Strathman stated his finding is the recommendation to the City Council. This will be on the agenda for April 7. He encouraged the group to talk to Council Member 7esry Blakey and share with him their concerns. Another option is to add conditions to the license, but there are no conditions that would address the problems this group raised. If the neighbors find that the law has been broken, an adverse action can be iniUated at any point. Chrisfine Rozek reported LIEP does regular compliance checks. 7f there are problems selling to minors, a compliance check will be done. If there a number of failures of these checks, there are grounds to revoke the license. LIEP will entertain any complaints about the establishment. LIEP is willing to sit with the neighborhood and the licensee to work out conditions to make the neighborhood more livable and still ailow the owner to run his business. Granting a license does not mean LIEP is done with the issue. The ordinance is cleaz that a bar cannot be within 300 feet from a church or school, but it does not mention anything about off sale. Gerry Strathman stated it is possible the neighbors' fears may come riue. On the other hand, this person has a piece of property and has a right to use that property in any legal way to make a living. Mark McMorrow asked what right he has. Mr. Strathman responded Mr. McMonow has a right not to be hazmed by this business. Gerry Strathman recommended approval of this license. The meeting was adjourned at 4:37 p.m. � q9- aq�- From: To: Date: Subject: Christine Rozek CCounciLCOUNCIL.jerryb, CCouncil.COUNC{Lgerrym, 4/23199 9:42am R �29�T�ior�as;:� - i received a written request from the license applicant at Mona's t is pending 3.2 mait license for 1218 Thomas. This license application has been to legislative hearing, appeared on the councii agenda on 417 , and has been laid over to -" `'" Let me know if there is anything more thaf you would like me to do.