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.