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99-404��. Presented Referred To Council File # � � —4 fl �{ Green Sheet # 64013 Comurittee Date (� WHEREAS, the Legislative Hearing Officer recommends that license application (ID # 19990000923) for a Liquor Off Sale License by Anita S. Keo, DBA 7 Bears Liquor, 1785 Seventh Street East, be approved with the following conditions: 1. 2. 3. 4. 5. 6. 7. 8. 9. There will be no sales of liguor (including fortified wines) in packaging smaller than a pint unless specifically-g€�d-by state law. tlia}F�r� ze a There will be security cameras (number and location determined by licensee's insurance company). The rear door area will have flood lighting. There will be no pay phone in or outside the establishment. When Ms. Keo is not in the establishment, there wili be a"manager" who has gone through the city's background check. All employees will have indushy standard training concerning liquar sales. There will be two employees on the premises from 5:00 p.m. until closing. As practical, licensee will use pricing label that includes the store name; all products sold pre-chilled (from beer cooler or wine cooler) must have labels with the store name. There will be no security bars outside the front windows or door of the facility; any security bazs/gates will be inside the building and as inconspicuous as possible. 10. The licensee will keep the exterior of the building litter free, and will work with the District 2 Community Council in their efforts to get a city trash receptacle. Therefore be it Rm��e� - M��a ��q� RESOLUTION CITY OF SAINT P,AUL, MINNESOTA RESOLVED, that the Council of the City of Saint Paul hereby approves this license with the recommended conditions. Green Sheet 64013 qq''� Yeas Na s Absent Blakey f Coleman ✓ Harris �/ Benanav � Reiter �� Bostrom � Lanhy f J � Requested by Department of: � Form Approved by City Attorney � Adopted by Council: Date _�� .�. �`�°�°\ APProved by Mayor for Submission to Council \ Adoprion Ce ied by Council5ecre By: `� tl�-�,,..�., ��- Approved by M 3+ : Date �!�� By: � /m City Council Offices Gexry Strathman, 266-8575 May 12, 1999 TOTAL # OF SIGNATURE PAGES 5-3-99 �rt Fort ROUTYIG OROIX GREEN SHEET q9-'io� � 64013 u�� u�� ❑ �.,,�. ❑ a,.� _ ❑ rMUa��aan+ccscw. ❑ m.xcw�ae ❑wvae(o��aasrurt� ❑ (CL1P ALL LOCA710NS FOR SIGNATURE) Approving application with conditions for a Liquor Off Sale License by Anita S. Keo, DBA Seven Bears Liquor, 1785 Seventh Street East. PLANNMG CAMMISS{ON CIB CAMMRTEE CML SERVICE COMMISSION ttes mis persoNfi�m e�erww�cea uMkr a conGacc rwmis depamnerm YES t�o Vles Mis pmoMfirm ewr been a pty emPbYee9 YES NO Does Vxs persoNfiim poscess a sldN not noimaliypocsessed by a'ry arteM city employeel YES NO le Mis peisanlfrtn afatpeted vetMaR YES NO ViJtr�. ��2Y`°fe d"t�n@ w. f... .a ,.: a :�i �tA�' � � �3� COSTlREVENUEBUDGETm�GRCLEON� YEE NO SOURCE /1CTrym' N{lMgER 65J0211994 22:49 IAiI1R£ S�4CR'^ FAY MEK� 01616 orc�F or y,wyr�s�, rta�-acnor�s rNv �oWnmrk, nmt�anon a..,��w+.cn.x. PFGE H1 _•. �i,ai��,�10� 1 co .�..a-_•:•�.r f-.vy.r�r �� ¢ �� `°. ��(rQrrn� � ,, Pp0AC0 ifl0nrl / � � f� FM. Fi., / `�_� / � �� "�^ �+w d�q. 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C'�1 MRY-06-1999 16�27 651?742135 98i P.01 aa�`�°'� NIINLJTES OF TI-� LEGISLATIVE HEARING SEVEN BEARS LIQUOR, 1785 SEVENTH STREET EAST Thursday, April 15, 1999 Room 339 Courthouse Gerry Strathman, Legislative Hearing Officer Staff Present: Christine Rozek, License, Inspection, Environmental Protection (LIEP) The meeting was called to order at 4:05 p.m. Christine Rozek reported this is an application for an off sale liquor license. Fire inspection has been approved. The environmental health inspection is pending and will be reinspected when the building is open. There is no pending adverse action against this licensee or location. LIEP's recommendation is for approval. Gerry Srtathman stated in order for the City to refuse to issue this license or put conditions on this license, there has to be a basis in law for doing so. Under current city codes, a liquor store in this location is a lawful use of this properry. Arguments geared to the points listed below will be most telling. There are four reasons to deny a license or to Cake action against the license: 1) If the licensee or the business does not comply with applicable health, housing, fire, zoning, and building codes and regulations. 2) The license activity would create a danger to the public health, safety, or welfare, or the licensee does something that is unsafe. 3) It can be demonstrated that this business will unreasonably annoy, injure, endanger the health, safety, morals, comfort, or repose of any considerable number of inembers of the public. 4) If the license or application has shown past misconduct, ar unfair acts ar dealings, physical abuse, assaults, or violent actions. Susan Hauwiller, 1743 Stillwater Avenue, District 2 Community Council, appeazed and stated the council met on April 14. They feel the license should be denied. (Ms. Hauwiller turned in and read from a letter dated 4-15-99 from the District 2 Community Council.) Part one of the letter reads that the licensee has misrepresented material facts in 4 ways: 1) The applicant answered "yes" to "Are you going to operate the business personally?" Yet, at the community meeting on 4-12-94, the appiicant said she was not leaving her cuirent job and will have full time staff. 2) The applicant answered `ho" to "Are you going to have a manager or assistant in this business?" However, she will need one if she is planning to work full time elsewhere. 3) In a letter to LIEP, the applicant wrote she has researched the azea and can bring much to it with a proposed liquor store. However, the "Hazel Park Neighborhood Resident Survey" showed no need for a liquor store. 4) The letter stated she was experienced, but it appears the applicant has no experience in this licensed activity. Part 2 of the letter reads that the licensee will create a serious danger to the public health, safety, and welfare of the community in 4 ways: 1) There are a lazge number of businesses that have no off street parking. 2) A liquor store will increase the number of delivery trucks searching for pazking and driving in the alley. 3) The hours of operation include evening, which will increase the demand for parking. 4) The sale of off sale liquor in small containers is a threat to the general safety of the community. aq-4.oH SEVEN BEAR LIQUOR, 1785 SEVENTH STREET EAST, 4-15-99 Paae 2 Karen Swenson, 1212 Prosperity Avenue, Northeast Neighborhoods Development Corporation, appeazed and stated she is surprised to heaz that this business is in compliance with city code because of the number of things which were grandfathered in for the previous business at this locafion. It may be wise to add some restrictions to this license to avoid some of the problems that have occurred at another liquor store in the area. Ms. Swenson is not suggesting this owner will have problems; there is potential for any liquar store to create problems unless there is a strong demonstrated abiliry to manage it well. It may be possible to consider other business activities in this location in the event this license is not approved. Ms. Swenson would work with this business owner in that regard. Gerry Strathman asked what conditions Karen Swenson would suggest. Ms. Swenson recommended the following conditions: no sales of half pints, no sales of 40 ounce malt liquor, restrictions on loitering in the pazking lot, and no coin telephones. 7im Hoepfl, 1810 Stillwater Avenue, appeared and stated he feels the neighborhood has gone down slighfly. He talked to 75 to 100 people and not one of them thought a liquor store would be a good idea. Many had concerns about their safery and traffic. Mr. Hoepfl stated the petition turned in was only half of the people that he couid reach. Donald Scott, 1871 Seventh Street East #8, appeared and stated he sent in a letter. He is concerned about security, clientele that will be brought in, and adequate parking. Outside lighting would help. There will be a clientele of people that the neighborhood does not want. There are crime problems in the area right now. There have been 17 police calls on this block. The number of calls could triple with the presence of a liquoz store. At the public hearing the other day, the owner was asked would she be willing to take safety measures. The owner responded she would take it under consideration. She did not know there were problems with the previous business at that location. The neighborhood was also concerned about her being a single female and being safe. There are litter problems in the neighborhood, which would increase with liquor containers. Drunks aze unsafe to the family environment. Rita Cunningham, 1827 Seventh Street East, appeared and stated she }ust moved into the neighborhood. She has chiidren and is concerned about safety. On occasion she asks her children to buy something at a grocery store, and they will have to pass this liquar store. Gerry Strathman asked what would be dangerous. Ms. Cunningham responded liquor stores bring on certain clientele that tend to loiter. Gene Sellards, 1795 Seventh Street East, Tanners Lake VFW, appeazed and stated he maintains half the alley. A liquor store will increase tr�c, and use their parking. VFW also maintains a lighting system to decrease vandalism. The VFW will have to tow cazs out of there. Krlsty Steinmetz, 1841 Stillwater Avenue, appeared and stated she lives on a busy comer. This liquor store will add to the noise and traffia She has called the police 4 times in the last 4 yeazs for disturbances, hit and runs. The community picks up the trash that is there. This liquor store �9-�oH SEVEN BEAR LIQUOR, 1785 SEVENTH STREET EAST, 4-15-99 Page 3 will overload a system that is already working. Ms. Steinmetz stated her house has been broken into. The liquor store will bring an element that needs money to buy liquor. Matie Hammer, 1800 Stillwater Avenue, appeared and stated her alley is used as a street. Cazs speed tiuough. Semi trucks use the alley for deliveries. The liquor store will add more noise and confusion. Ms. Hatxmier has 2 small grandchildren, and they cannot go in the alley. Faith Frascone, 1842 Stillwater Avenue, appeared and stated a liquor store will bring in more crime. There has been gang related signs painted on the garages. People walk the azea at all hours of the night. The late night hours for the liquor store will cause more problems in the azea. There have been more than 60 calls on Seventh Street in the last 3 months. The numbers of calis will double with this type of business. Christine Rozek responded hours of operation aze govemed by state law. Liquor stores aze open until8 p.m. Monday through Friday; 10:00 p.m. on Saturday. Kelly Carter, 1842 Stillwater Avenue, appeared and stated when he first moved into the area 11 yeazs ago, it was a nice neighborhood. The apartment buildings were maintained well. Now, people walk up and down the alley. All night long, people aze talking loud and walking around the neighborhood. He feels they are selling drugs. He has asked people loitering on Van Dyke, Stillwater, in the alley, and Seventh Street why they aze standing azound. Mr. Carter has had property broken into. Neighbors do not spend time in their yards anymore. Houses are turning into prisons. Mr. Carter has been spat on and has had rocks thrown at him. Ae picks up liquor containers. With a liquor store, the containers to be picked up will double or triple. Mr. Carter was attacked with a stick. He cannot imagine what will happen with additional liquor. The apartments on Seventh Street are a portion of the problem. The biggest issue is the safety of the children in the neighborhood. Cannen Griggs, 1730 York Avenue, appeared and stated she and her husband checked the crime statistics before buying their house. Most of the crime is vandalism and domesYic violence, both of which increase where liquor becomes available. The Griggs do not drink, but she has no objection to someone picking up a 12 pack or case of beer that will last a couple of weeks or a botde of wine for a special occasion, but that is not the clientele this liquor store will be attracting. This liquor store will be attracting some of the problem people already in the neighborhood, buying the smaller quantities of liquor, loitering, and contributing to the problems in the area. There is a lot of traffic already. Pazking is difficult. Mazk Doree, 838 Iroquois Avenue, District 2 board member, appeared and stated he has nevez seen so many people protest a business. This license should be refused on two points: the owner's application was falsely represented to the city, and the safety and health issues. Mr. Doree asked why the environmental health issue was not passed. Christine Rozek responded environmental health and fire have to reinspect. The buiiding is not ready to open up yet. Ali licenses are approved conditionally upon getting that final inspection. Mr. Doree stated the VFW took a vote of their members 300 to 0 to not have this business there. Mr. Doree feels that the �i9-y°`I SEVEN BEAR LIQUOR, 1785 SEVENTH STREET EAST, 4-15-99 Page 4 owner forced Big Steer Meats out so that she can open a liquor store. This store does not fit the neighborhood nor the small azea plan. Kelly Carter stated he has a business and had to close it down to be here. Many people could not be here because of the hours of this hearing. Gary Unger, District 2 President, 1847 Idaho Avenue East, appeared and stated there are 23 businesses within a 20 block area, 2 rental halls, a fratemal organization, and the Camel Club, which is a private membership organization. All have uncontrolled pazking. There are too many businesses vying for pazking in this area. Jerome Ritter, 461 University Avenue, attorney for Anita S. Keo, appeazed and stated he sees a ground swell of community opposed to this business. Ms. Keo has made a good faith application and has fulfilled every legal requirement. She plans to operate this business in a lawful manner. It is her intention to work with the community. The type of commitment this community has to oppose the negative factors—drugs, loitering—are things any good business person would also oppose. The feazs and concerns that everything will get worse aze speculation. Ms. Keo will work to make sure her business is operated property. She will support the community to get rid of problems because these things are not good for her business either. The concerns here are well taken, but they aze not an appropriate lawful basis to deny this application. Recommendation far approval should be given. A commitment is made and will be made to address these other issues outside of the requirements that had to be submitted far the license. Gerry Strathman asked did he see the April 15 letter from District 2 in which they write that Anita Keo misrepresented facts on the application. Jerome Ritter responded he did not see it. (Mr. Strathman gave Jerome Ritter and Anita Keo a couple of minutes to go over this letter.) Jerome Ritter retumed and stated Anita Keo indicated she intends to operate this business personaily. At the meeting on April 12, Ms. Keo was concerned about comments and threats to burn the building down. She intends to operate the business and will have heip with staf£ With respect to having a manager and assistant, Ms. Keo intends to be the person in chazge, but will have employees working for her. Gerry Strathman asked are the responses to the questions on the District 2letter material to LIEP's recommendation as to whether the license should be gathered. Chrisfine Rozek responded no. It is not unusual for an owner to not know if a manager is needed; however, LIEP would like to be notified of any changes. Mr. Strathman stated he has 3 choices to recommend to the City Council: approval, approval with conditions, or refenal to an AI.J. He asked the group aze they willing to suspend their objections subject to conditions and would the owner be willing to accept the conditions. �tq - yoy SEVEN BEAR LIQUOR, 1785 SEVENTH STREET EAST, 415-99 Page 5 Chuck Repke, District 2, appeazed and responded it is a big concem of a neighborhood that the owner said she will run the business, and then later says she will keep her curtent full Ume job. T`he legal representative for that day is different than the owner's representative tonight. The fears of the community is the kind of clientele attracted to this business. The representative was asked is the clientele those who will have a I/z pint of liquor in their coat pocket, a 40 ounce bottle of malt liquor in a paper bag, or is the clientele from the neighborhood. Mr. Repke expected the attorney would respond to those concerns. Susan Hauwiller responded she prefers the option of an ALJ. Pazking has not bezn resolved. Conditions do not get enforced and eventually people put up with whatever is there. Jerome Ritter responded there are already conditions imposed such as drinking in public, public drunkenness, loitering, curfew, vandalism. Anita Keo should not be held responsible for conditions already set in law. Before the first customer walks in, it is difficult to de�ne who are the customers. Gerry Strathman stated some of the conditions established for licenses of this type are as follows: no sales of half pints, requirements that security be present, additional lighting, installing a camera, litter control, no coin telephones, and controlling congregation. Jerome Ritter responded they would be willing to consider conditions; however, if those conditions will not change the public opposiuon, then it will not matter. Gerry Strathman stated if conditions aze to be met, representative of the community should be present with some authority to act on behalf of the community. Mr. Strathman asked Chuck Repke would he be that person. Mr. Repke responded he is the staff person for District 2. The board of District 2 could designate a group of people from the board. Gerry Strathman laid over this matter to Apri129, 4:00 p.m. During that 2 week period, he encouraged people to consider conditions along with the property owner. On Apri129, Mr. Strathman will ask whomever is here if there are conditions that will address problems in the community, and if the property owner is willing to accept those conditions. If the answer to both of those question is yes, then he will recommend approval of the license with conditions. Otherwise, he will recommend the license be sent to an ALJ. The meeting was adjourned at 5:30 p.m. rrn °I a -�oy CONTINUATION OF LEGISLATIVE HEARING 3EVEN SEARS LIQUOR, 1785 SEVENTH STREET EAST 'I`hursday, Apri129, 1999 Room 330 Cour[house Gerry Strathman, Legislative Hearing Off'icer STAFF PRESENT: Christine Rozek, License, Tnspections, Environmentai Protection (LIEP) The meeting was calied to order at 4:02 p.m. Gerry Strathman stated this is a continuation of a legislative hearing that was commenced on April 15 to hear objecrions to the issuance of a liquor license to Seven Beazs Liquor. At that time, testimony was offered by many representatives of the neighborhood and aiso testimony was taken by the owner. At the conclusion of that hearing, Mr. Strathman indicated that there were 2 courses of action he might take based on the evldence offered: 1) to recommend that this issue be referred to an adminisbrative law judge far further findings of fact and law, 2) to recommend approval of the license if the representatives of the neighborhood and the owner could agree to conditions to be placed on the license that would address the concerns raised at the last hearing. Mr. Strathman asked was there anyone that would like to testify today that did not testify on Aprii 15. (No one answered.) Jerome Ritter, attorney far the owner Anita Keo, appeared and stated there was a meeting and language has been exchanged. Agreements have been reached on just about everything, but one point concerning the 12 ounce and half pint containers is still being discussed. Ten conditions will probably be agreed upon. Gerry Strathman recommended this license be approved with conditions. Christine Rozek stated she would like the signed conditions a week before the City Councal meeting. Mr. Ritter responded that will not be a problem. The conditions will probably be agreed to today. The meeting was adjoumed at 4:07 p.m. Note: L]EP informed Gerry Strathman that the following conditions have been verbally agreed to by the owner and the neighborhood representative. Mr. Strathman recommends that the City Council approve the ]icense with these conditions: 1. There will be no sales of liquor (including fortified wines) in packaging smaller than a pint unless specifically pernutted by state law. 2. There will be security cameras (number and location determined by licensee's insurance company). 3. The rear dooz azea will have flood lighting. 4. There will be no pay phone in or outside the establishment. 5. When Ms. Keo is not in the establishment, there wili be a"manager" who has gone through the ciry's background check. q�-4oy CONTINLJATION OF HEARING FOR 7 BEARS LIQUOR, 4-29-99 Page 2 6. All employees will have industry standazd training concerning liquor sales. 7. There will be two employees on the premises from 5:00 pm. untii closing. 8. As practical, licensee will use pricing label that includes the store name; all products sold pre.chilled (from beer cooler or wine cooler) must have labels with the store name. 9. There will be no security bazs outside the front windows or door of the facility; any security bazs/gates wili be inside the building and as inconspicuous as possible. 10. The licensee will keep the exterior of the buiiding litter free, and will work with the District 2 Community Council in their efforts to get a city trash receptacle. rrn ��. Presented Referred To Council File # � � —4 fl �{ Green Sheet # 64013 Comurittee Date (� WHEREAS, the Legislative Hearing Officer recommends that license application (ID # 19990000923) for a Liquor Off Sale License by Anita S. Keo, DBA 7 Bears Liquor, 1785 Seventh Street East, be approved with the following conditions: 1. 2. 3. 4. 5. 6. 7. 8. 9. There will be no sales of liguor (including fortified wines) in packaging smaller than a pint unless specifically-g€�d-by state law. tlia}F�r� ze a There will be security cameras (number and location determined by licensee's insurance company). The rear door area will have flood lighting. There will be no pay phone in or outside the establishment. When Ms. Keo is not in the establishment, there wili be a"manager" who has gone through the city's background check. All employees will have indushy standard training concerning liquar sales. There will be two employees on the premises from 5:00 p.m. until closing. As practical, licensee will use pricing label that includes the store name; all products sold pre-chilled (from beer cooler or wine cooler) must have labels with the store name. There will be no security bars outside the front windows or door of the facility; any security bazs/gates will be inside the building and as inconspicuous as possible. 10. The licensee will keep the exterior of the building litter free, and will work with the District 2 Community Council in their efforts to get a city trash receptacle. Therefore be it Rm��e� - M��a ��q� RESOLUTION CITY OF SAINT P,AUL, MINNESOTA RESOLVED, that the Council of the City of Saint Paul hereby approves this license with the recommended conditions. Green Sheet 64013 qq''� Yeas Na s Absent Blakey f Coleman ✓ Harris �/ Benanav � Reiter �� Bostrom � Lanhy f J � Requested by Department of: � Form Approved by City Attorney � Adopted by Council: Date _�� .�. �`�°�°\ APProved by Mayor for Submission to Council \ Adoprion Ce ied by Council5ecre By: `� tl�-�,,..�., ��- Approved by M 3+ : Date �!�� By: � /m City Council Offices Gexry Strathman, 266-8575 May 12, 1999 TOTAL # OF SIGNATURE PAGES 5-3-99 �rt Fort ROUTYIG OROIX GREEN SHEET q9-'io� � 64013 u�� u�� ❑ �.,,�. ❑ a,.� _ ❑ rMUa��aan+ccscw. ❑ m.xcw�ae ❑wvae(o��aasrurt� ❑ (CL1P ALL LOCA710NS FOR SIGNATURE) Approving application with conditions for a Liquor Off Sale License by Anita S. Keo, DBA Seven Bears Liquor, 1785 Seventh Street East. PLANNMG CAMMISS{ON CIB CAMMRTEE CML SERVICE COMMISSION ttes mis persoNfi�m e�erww�cea uMkr a conGacc rwmis depamnerm YES t�o Vles Mis pmoMfirm ewr been a pty emPbYee9 YES NO Does Vxs persoNfiim poscess a sldN not noimaliypocsessed by a'ry arteM city employeel YES NO le Mis peisanlfrtn afatpeted vetMaR YES NO ViJtr�. ��2Y`°fe d"t�n@ w. f... .a ,.: a :�i �tA�' � � �3� COSTlREVENUEBUDGETm�GRCLEON� YEE NO SOURCE /1CTrym' N{lMgER 65J0211994 22:49 IAiI1R£ S�4CR'^ FAY MEK� 01616 orc�F or y,wyr�s�, rta�-acnor�s rNv �oWnmrk, nmt�anon a..,��w+.cn.x. PFGE H1 _•. �i,ai��,�10� 1 co .�..a-_•:•�.r f-.vy.r�r �� ¢ �� `°. ��(rQrrn� � ,, Pp0AC0 ifl0nrl / � � f� FM. Fi., / `�_� / � �� "�^ �+w d�q. 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C'�1 MRY-06-1999 16�27 651?742135 98i P.01 aa�`�°'� NIINLJTES OF TI-� LEGISLATIVE HEARING SEVEN BEARS LIQUOR, 1785 SEVENTH STREET EAST Thursday, April 15, 1999 Room 339 Courthouse Gerry Strathman, Legislative Hearing Officer Staff Present: Christine Rozek, License, Inspection, Environmental Protection (LIEP) The meeting was called to order at 4:05 p.m. Christine Rozek reported this is an application for an off sale liquor license. Fire inspection has been approved. The environmental health inspection is pending and will be reinspected when the building is open. There is no pending adverse action against this licensee or location. LIEP's recommendation is for approval. Gerry Srtathman stated in order for the City to refuse to issue this license or put conditions on this license, there has to be a basis in law for doing so. Under current city codes, a liquor store in this location is a lawful use of this properry. Arguments geared to the points listed below will be most telling. There are four reasons to deny a license or to Cake action against the license: 1) If the licensee or the business does not comply with applicable health, housing, fire, zoning, and building codes and regulations. 2) The license activity would create a danger to the public health, safety, or welfare, or the licensee does something that is unsafe. 3) It can be demonstrated that this business will unreasonably annoy, injure, endanger the health, safety, morals, comfort, or repose of any considerable number of inembers of the public. 4) If the license or application has shown past misconduct, ar unfair acts ar dealings, physical abuse, assaults, or violent actions. Susan Hauwiller, 1743 Stillwater Avenue, District 2 Community Council, appeazed and stated the council met on April 14. They feel the license should be denied. (Ms. Hauwiller turned in and read from a letter dated 4-15-99 from the District 2 Community Council.) Part one of the letter reads that the licensee has misrepresented material facts in 4 ways: 1) The applicant answered "yes" to "Are you going to operate the business personally?" Yet, at the community meeting on 4-12-94, the appiicant said she was not leaving her cuirent job and will have full time staff. 2) The applicant answered `ho" to "Are you going to have a manager or assistant in this business?" However, she will need one if she is planning to work full time elsewhere. 3) In a letter to LIEP, the applicant wrote she has researched the azea and can bring much to it with a proposed liquor store. However, the "Hazel Park Neighborhood Resident Survey" showed no need for a liquor store. 4) The letter stated she was experienced, but it appears the applicant has no experience in this licensed activity. Part 2 of the letter reads that the licensee will create a serious danger to the public health, safety, and welfare of the community in 4 ways: 1) There are a lazge number of businesses that have no off street parking. 2) A liquor store will increase the number of delivery trucks searching for pazking and driving in the alley. 3) The hours of operation include evening, which will increase the demand for parking. 4) The sale of off sale liquor in small containers is a threat to the general safety of the community. aq-4.oH SEVEN BEAR LIQUOR, 1785 SEVENTH STREET EAST, 4-15-99 Paae 2 Karen Swenson, 1212 Prosperity Avenue, Northeast Neighborhoods Development Corporation, appeazed and stated she is surprised to heaz that this business is in compliance with city code because of the number of things which were grandfathered in for the previous business at this locafion. It may be wise to add some restrictions to this license to avoid some of the problems that have occurred at another liquor store in the area. Ms. Swenson is not suggesting this owner will have problems; there is potential for any liquar store to create problems unless there is a strong demonstrated abiliry to manage it well. It may be possible to consider other business activities in this location in the event this license is not approved. Ms. Swenson would work with this business owner in that regard. Gerry Strathman asked what conditions Karen Swenson would suggest. Ms. Swenson recommended the following conditions: no sales of half pints, no sales of 40 ounce malt liquor, restrictions on loitering in the pazking lot, and no coin telephones. 7im Hoepfl, 1810 Stillwater Avenue, appeared and stated he feels the neighborhood has gone down slighfly. He talked to 75 to 100 people and not one of them thought a liquor store would be a good idea. Many had concerns about their safery and traffic. Mr. Hoepfl stated the petition turned in was only half of the people that he couid reach. Donald Scott, 1871 Seventh Street East #8, appeared and stated he sent in a letter. He is concerned about security, clientele that will be brought in, and adequate parking. Outside lighting would help. There will be a clientele of people that the neighborhood does not want. There are crime problems in the area right now. There have been 17 police calls on this block. The number of calls could triple with the presence of a liquoz store. At the public hearing the other day, the owner was asked would she be willing to take safety measures. The owner responded she would take it under consideration. She did not know there were problems with the previous business at that location. The neighborhood was also concerned about her being a single female and being safe. There are litter problems in the neighborhood, which would increase with liquor containers. Drunks aze unsafe to the family environment. Rita Cunningham, 1827 Seventh Street East, appeared and stated she }ust moved into the neighborhood. She has chiidren and is concerned about safety. On occasion she asks her children to buy something at a grocery store, and they will have to pass this liquar store. Gerry Strathman asked what would be dangerous. Ms. Cunningham responded liquor stores bring on certain clientele that tend to loiter. Gene Sellards, 1795 Seventh Street East, Tanners Lake VFW, appeazed and stated he maintains half the alley. A liquor store will increase tr�c, and use their parking. VFW also maintains a lighting system to decrease vandalism. The VFW will have to tow cazs out of there. Krlsty Steinmetz, 1841 Stillwater Avenue, appeared and stated she lives on a busy comer. This liquor store will add to the noise and traffia She has called the police 4 times in the last 4 yeazs for disturbances, hit and runs. The community picks up the trash that is there. This liquor store �9-�oH SEVEN BEAR LIQUOR, 1785 SEVENTH STREET EAST, 4-15-99 Page 3 will overload a system that is already working. Ms. Steinmetz stated her house has been broken into. The liquor store will bring an element that needs money to buy liquor. Matie Hammer, 1800 Stillwater Avenue, appeared and stated her alley is used as a street. Cazs speed tiuough. Semi trucks use the alley for deliveries. The liquor store will add more noise and confusion. Ms. Hatxmier has 2 small grandchildren, and they cannot go in the alley. Faith Frascone, 1842 Stillwater Avenue, appeared and stated a liquor store will bring in more crime. There has been gang related signs painted on the garages. People walk the azea at all hours of the night. The late night hours for the liquor store will cause more problems in the azea. There have been more than 60 calls on Seventh Street in the last 3 months. The numbers of calis will double with this type of business. Christine Rozek responded hours of operation aze govemed by state law. Liquor stores aze open until8 p.m. Monday through Friday; 10:00 p.m. on Saturday. Kelly Carter, 1842 Stillwater Avenue, appeared and stated when he first moved into the area 11 yeazs ago, it was a nice neighborhood. The apartment buildings were maintained well. Now, people walk up and down the alley. All night long, people aze talking loud and walking around the neighborhood. He feels they are selling drugs. He has asked people loitering on Van Dyke, Stillwater, in the alley, and Seventh Street why they aze standing azound. Mr. Carter has had property broken into. Neighbors do not spend time in their yards anymore. Houses are turning into prisons. Mr. Carter has been spat on and has had rocks thrown at him. Ae picks up liquor containers. With a liquor store, the containers to be picked up will double or triple. Mr. Carter was attacked with a stick. He cannot imagine what will happen with additional liquor. The apartments on Seventh Street are a portion of the problem. The biggest issue is the safety of the children in the neighborhood. Cannen Griggs, 1730 York Avenue, appeared and stated she and her husband checked the crime statistics before buying their house. Most of the crime is vandalism and domesYic violence, both of which increase where liquor becomes available. The Griggs do not drink, but she has no objection to someone picking up a 12 pack or case of beer that will last a couple of weeks or a botde of wine for a special occasion, but that is not the clientele this liquor store will be attracting. This liquor store will be attracting some of the problem people already in the neighborhood, buying the smaller quantities of liquor, loitering, and contributing to the problems in the area. There is a lot of traffic already. Pazking is difficult. Mazk Doree, 838 Iroquois Avenue, District 2 board member, appeared and stated he has nevez seen so many people protest a business. This license should be refused on two points: the owner's application was falsely represented to the city, and the safety and health issues. Mr. Doree asked why the environmental health issue was not passed. Christine Rozek responded environmental health and fire have to reinspect. The buiiding is not ready to open up yet. Ali licenses are approved conditionally upon getting that final inspection. Mr. Doree stated the VFW took a vote of their members 300 to 0 to not have this business there. Mr. Doree feels that the �i9-y°`I SEVEN BEAR LIQUOR, 1785 SEVENTH STREET EAST, 4-15-99 Page 4 owner forced Big Steer Meats out so that she can open a liquor store. This store does not fit the neighborhood nor the small azea plan. Kelly Carter stated he has a business and had to close it down to be here. Many people could not be here because of the hours of this hearing. Gary Unger, District 2 President, 1847 Idaho Avenue East, appeared and stated there are 23 businesses within a 20 block area, 2 rental halls, a fratemal organization, and the Camel Club, which is a private membership organization. All have uncontrolled pazking. There are too many businesses vying for pazking in this area. Jerome Ritter, 461 University Avenue, attorney for Anita S. Keo, appeazed and stated he sees a ground swell of community opposed to this business. Ms. Keo has made a good faith application and has fulfilled every legal requirement. She plans to operate this business in a lawful manner. It is her intention to work with the community. The type of commitment this community has to oppose the negative factors—drugs, loitering—are things any good business person would also oppose. The feazs and concerns that everything will get worse aze speculation. Ms. Keo will work to make sure her business is operated property. She will support the community to get rid of problems because these things are not good for her business either. The concerns here are well taken, but they aze not an appropriate lawful basis to deny this application. Recommendation far approval should be given. A commitment is made and will be made to address these other issues outside of the requirements that had to be submitted far the license. Gerry Strathman asked did he see the April 15 letter from District 2 in which they write that Anita Keo misrepresented facts on the application. Jerome Ritter responded he did not see it. (Mr. Strathman gave Jerome Ritter and Anita Keo a couple of minutes to go over this letter.) Jerome Ritter retumed and stated Anita Keo indicated she intends to operate this business personaily. At the meeting on April 12, Ms. Keo was concerned about comments and threats to burn the building down. She intends to operate the business and will have heip with staf£ With respect to having a manager and assistant, Ms. Keo intends to be the person in chazge, but will have employees working for her. Gerry Strathman asked are the responses to the questions on the District 2letter material to LIEP's recommendation as to whether the license should be gathered. Chrisfine Rozek responded no. It is not unusual for an owner to not know if a manager is needed; however, LIEP would like to be notified of any changes. Mr. Strathman stated he has 3 choices to recommend to the City Council: approval, approval with conditions, or refenal to an AI.J. He asked the group aze they willing to suspend their objections subject to conditions and would the owner be willing to accept the conditions. �tq - yoy SEVEN BEAR LIQUOR, 1785 SEVENTH STREET EAST, 415-99 Page 5 Chuck Repke, District 2, appeazed and responded it is a big concem of a neighborhood that the owner said she will run the business, and then later says she will keep her curtent full Ume job. T`he legal representative for that day is different than the owner's representative tonight. The fears of the community is the kind of clientele attracted to this business. The representative was asked is the clientele those who will have a I/z pint of liquor in their coat pocket, a 40 ounce bottle of malt liquor in a paper bag, or is the clientele from the neighborhood. Mr. Repke expected the attorney would respond to those concerns. Susan Hauwiller responded she prefers the option of an ALJ. Pazking has not bezn resolved. Conditions do not get enforced and eventually people put up with whatever is there. Jerome Ritter responded there are already conditions imposed such as drinking in public, public drunkenness, loitering, curfew, vandalism. Anita Keo should not be held responsible for conditions already set in law. Before the first customer walks in, it is difficult to de�ne who are the customers. Gerry Strathman stated some of the conditions established for licenses of this type are as follows: no sales of half pints, requirements that security be present, additional lighting, installing a camera, litter control, no coin telephones, and controlling congregation. Jerome Ritter responded they would be willing to consider conditions; however, if those conditions will not change the public opposiuon, then it will not matter. Gerry Strathman stated if conditions aze to be met, representative of the community should be present with some authority to act on behalf of the community. Mr. Strathman asked Chuck Repke would he be that person. Mr. Repke responded he is the staff person for District 2. The board of District 2 could designate a group of people from the board. Gerry Strathman laid over this matter to Apri129, 4:00 p.m. During that 2 week period, he encouraged people to consider conditions along with the property owner. On Apri129, Mr. Strathman will ask whomever is here if there are conditions that will address problems in the community, and if the property owner is willing to accept those conditions. If the answer to both of those question is yes, then he will recommend approval of the license with conditions. Otherwise, he will recommend the license be sent to an ALJ. The meeting was adjourned at 5:30 p.m. rrn °I a -�oy CONTINUATION OF LEGISLATIVE HEARING 3EVEN SEARS LIQUOR, 1785 SEVENTH STREET EAST 'I`hursday, Apri129, 1999 Room 330 Cour[house Gerry Strathman, Legislative Hearing Off'icer STAFF PRESENT: Christine Rozek, License, Tnspections, Environmentai Protection (LIEP) The meeting was calied to order at 4:02 p.m. Gerry Strathman stated this is a continuation of a legislative hearing that was commenced on April 15 to hear objecrions to the issuance of a liquor license to Seven Beazs Liquor. At that time, testimony was offered by many representatives of the neighborhood and aiso testimony was taken by the owner. At the conclusion of that hearing, Mr. Strathman indicated that there were 2 courses of action he might take based on the evldence offered: 1) to recommend that this issue be referred to an adminisbrative law judge far further findings of fact and law, 2) to recommend approval of the license if the representatives of the neighborhood and the owner could agree to conditions to be placed on the license that would address the concerns raised at the last hearing. Mr. Strathman asked was there anyone that would like to testify today that did not testify on Aprii 15. (No one answered.) Jerome Ritter, attorney far the owner Anita Keo, appeared and stated there was a meeting and language has been exchanged. Agreements have been reached on just about everything, but one point concerning the 12 ounce and half pint containers is still being discussed. Ten conditions will probably be agreed upon. Gerry Strathman recommended this license be approved with conditions. Christine Rozek stated she would like the signed conditions a week before the City Councal meeting. Mr. Ritter responded that will not be a problem. The conditions will probably be agreed to today. The meeting was adjoumed at 4:07 p.m. Note: L]EP informed Gerry Strathman that the following conditions have been verbally agreed to by the owner and the neighborhood representative. Mr. Strathman recommends that the City Council approve the ]icense with these conditions: 1. There will be no sales of liquor (including fortified wines) in packaging smaller than a pint unless specifically pernutted by state law. 2. There will be security cameras (number and location determined by licensee's insurance company). 3. The rear dooz azea will have flood lighting. 4. There will be no pay phone in or outside the establishment. 5. When Ms. Keo is not in the establishment, there wili be a"manager" who has gone through the ciry's background check. q�-4oy CONTINLJATION OF HEARING FOR 7 BEARS LIQUOR, 4-29-99 Page 2 6. All employees will have industry standazd training concerning liquor sales. 7. There will be two employees on the premises from 5:00 pm. untii closing. 8. As practical, licensee will use pricing label that includes the store name; all products sold pre.chilled (from beer cooler or wine cooler) must have labels with the store name. 9. There will be no security bazs outside the front windows or door of the facility; any security bazs/gates wili be inside the building and as inconspicuous as possible. 10. The licensee will keep the exterior of the buiiding litter free, and will work with the District 2 Community Council in their efforts to get a city trash receptacle. rrn ��. Presented Referred To Council File # � � —4 fl �{ Green Sheet # 64013 Comurittee Date (� WHEREAS, the Legislative Hearing Officer recommends that license application (ID # 19990000923) for a Liquor Off Sale License by Anita S. Keo, DBA 7 Bears Liquor, 1785 Seventh Street East, be approved with the following conditions: 1. 2. 3. 4. 5. 6. 7. 8. 9. There will be no sales of liguor (including fortified wines) in packaging smaller than a pint unless specifically-g€�d-by state law. tlia}F�r� ze a There will be security cameras (number and location determined by licensee's insurance company). The rear door area will have flood lighting. There will be no pay phone in or outside the establishment. When Ms. Keo is not in the establishment, there wili be a"manager" who has gone through the city's background check. All employees will have indushy standard training concerning liquar sales. There will be two employees on the premises from 5:00 p.m. until closing. As practical, licensee will use pricing label that includes the store name; all products sold pre-chilled (from beer cooler or wine cooler) must have labels with the store name. There will be no security bars outside the front windows or door of the facility; any security bazs/gates will be inside the building and as inconspicuous as possible. 10. The licensee will keep the exterior of the building litter free, and will work with the District 2 Community Council in their efforts to get a city trash receptacle. Therefore be it Rm��e� - M��a ��q� RESOLUTION CITY OF SAINT P,AUL, MINNESOTA RESOLVED, that the Council of the City of Saint Paul hereby approves this license with the recommended conditions. Green Sheet 64013 qq''� Yeas Na s Absent Blakey f Coleman ✓ Harris �/ Benanav � Reiter �� Bostrom � Lanhy f J � Requested by Department of: � Form Approved by City Attorney � Adopted by Council: Date _�� .�. �`�°�°\ APProved by Mayor for Submission to Council \ Adoprion Ce ied by Council5ecre By: `� tl�-�,,..�., ��- Approved by M 3+ : Date �!�� By: � /m City Council Offices Gexry Strathman, 266-8575 May 12, 1999 TOTAL # OF SIGNATURE PAGES 5-3-99 �rt Fort ROUTYIG OROIX GREEN SHEET q9-'io� � 64013 u�� u�� ❑ �.,,�. ❑ a,.� _ ❑ rMUa��aan+ccscw. ❑ m.xcw�ae ❑wvae(o��aasrurt� ❑ (CL1P ALL LOCA710NS FOR SIGNATURE) Approving application with conditions for a Liquor Off Sale License by Anita S. Keo, DBA Seven Bears Liquor, 1785 Seventh Street East. 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C'�1 MRY-06-1999 16�27 651?742135 98i P.01 aa�`�°'� NIINLJTES OF TI-� LEGISLATIVE HEARING SEVEN BEARS LIQUOR, 1785 SEVENTH STREET EAST Thursday, April 15, 1999 Room 339 Courthouse Gerry Strathman, Legislative Hearing Officer Staff Present: Christine Rozek, License, Inspection, Environmental Protection (LIEP) The meeting was called to order at 4:05 p.m. Christine Rozek reported this is an application for an off sale liquor license. Fire inspection has been approved. The environmental health inspection is pending and will be reinspected when the building is open. There is no pending adverse action against this licensee or location. LIEP's recommendation is for approval. Gerry Srtathman stated in order for the City to refuse to issue this license or put conditions on this license, there has to be a basis in law for doing so. Under current city codes, a liquor store in this location is a lawful use of this properry. Arguments geared to the points listed below will be most telling. There are four reasons to deny a license or to Cake action against the license: 1) If the licensee or the business does not comply with applicable health, housing, fire, zoning, and building codes and regulations. 2) The license activity would create a danger to the public health, safety, or welfare, or the licensee does something that is unsafe. 3) It can be demonstrated that this business will unreasonably annoy, injure, endanger the health, safety, morals, comfort, or repose of any considerable number of inembers of the public. 4) If the license or application has shown past misconduct, ar unfair acts ar dealings, physical abuse, assaults, or violent actions. Susan Hauwiller, 1743 Stillwater Avenue, District 2 Community Council, appeazed and stated the council met on April 14. They feel the license should be denied. (Ms. Hauwiller turned in and read from a letter dated 4-15-99 from the District 2 Community Council.) Part one of the letter reads that the licensee has misrepresented material facts in 4 ways: 1) The applicant answered "yes" to "Are you going to operate the business personally?" Yet, at the community meeting on 4-12-94, the appiicant said she was not leaving her cuirent job and will have full time staff. 2) The applicant answered `ho" to "Are you going to have a manager or assistant in this business?" However, she will need one if she is planning to work full time elsewhere. 3) In a letter to LIEP, the applicant wrote she has researched the azea and can bring much to it with a proposed liquor store. However, the "Hazel Park Neighborhood Resident Survey" showed no need for a liquor store. 4) The letter stated she was experienced, but it appears the applicant has no experience in this licensed activity. Part 2 of the letter reads that the licensee will create a serious danger to the public health, safety, and welfare of the community in 4 ways: 1) There are a lazge number of businesses that have no off street parking. 2) A liquor store will increase the number of delivery trucks searching for pazking and driving in the alley. 3) The hours of operation include evening, which will increase the demand for parking. 4) The sale of off sale liquor in small containers is a threat to the general safety of the community. aq-4.oH SEVEN BEAR LIQUOR, 1785 SEVENTH STREET EAST, 4-15-99 Paae 2 Karen Swenson, 1212 Prosperity Avenue, Northeast Neighborhoods Development Corporation, appeazed and stated she is surprised to heaz that this business is in compliance with city code because of the number of things which were grandfathered in for the previous business at this locafion. It may be wise to add some restrictions to this license to avoid some of the problems that have occurred at another liquor store in the area. Ms. Swenson is not suggesting this owner will have problems; there is potential for any liquar store to create problems unless there is a strong demonstrated abiliry to manage it well. It may be possible to consider other business activities in this location in the event this license is not approved. Ms. Swenson would work with this business owner in that regard. Gerry Strathman asked what conditions Karen Swenson would suggest. Ms. Swenson recommended the following conditions: no sales of half pints, no sales of 40 ounce malt liquor, restrictions on loitering in the pazking lot, and no coin telephones. 7im Hoepfl, 1810 Stillwater Avenue, appeared and stated he feels the neighborhood has gone down slighfly. He talked to 75 to 100 people and not one of them thought a liquor store would be a good idea. Many had concerns about their safery and traffic. Mr. Hoepfl stated the petition turned in was only half of the people that he couid reach. Donald Scott, 1871 Seventh Street East #8, appeared and stated he sent in a letter. He is concerned about security, clientele that will be brought in, and adequate parking. Outside lighting would help. There will be a clientele of people that the neighborhood does not want. There are crime problems in the area right now. There have been 17 police calls on this block. The number of calls could triple with the presence of a liquoz store. At the public hearing the other day, the owner was asked would she be willing to take safety measures. The owner responded she would take it under consideration. She did not know there were problems with the previous business at that location. The neighborhood was also concerned about her being a single female and being safe. There are litter problems in the neighborhood, which would increase with liquor containers. Drunks aze unsafe to the family environment. Rita Cunningham, 1827 Seventh Street East, appeared and stated she }ust moved into the neighborhood. She has chiidren and is concerned about safety. On occasion she asks her children to buy something at a grocery store, and they will have to pass this liquar store. Gerry Strathman asked what would be dangerous. Ms. Cunningham responded liquor stores bring on certain clientele that tend to loiter. Gene Sellards, 1795 Seventh Street East, Tanners Lake VFW, appeazed and stated he maintains half the alley. A liquor store will increase tr�c, and use their parking. VFW also maintains a lighting system to decrease vandalism. The VFW will have to tow cazs out of there. Krlsty Steinmetz, 1841 Stillwater Avenue, appeared and stated she lives on a busy comer. This liquor store will add to the noise and traffia She has called the police 4 times in the last 4 yeazs for disturbances, hit and runs. The community picks up the trash that is there. This liquor store �9-�oH SEVEN BEAR LIQUOR, 1785 SEVENTH STREET EAST, 4-15-99 Page 3 will overload a system that is already working. Ms. Steinmetz stated her house has been broken into. The liquor store will bring an element that needs money to buy liquor. Matie Hammer, 1800 Stillwater Avenue, appeared and stated her alley is used as a street. Cazs speed tiuough. Semi trucks use the alley for deliveries. The liquor store will add more noise and confusion. Ms. Hatxmier has 2 small grandchildren, and they cannot go in the alley. Faith Frascone, 1842 Stillwater Avenue, appeared and stated a liquor store will bring in more crime. There has been gang related signs painted on the garages. People walk the azea at all hours of the night. The late night hours for the liquor store will cause more problems in the azea. There have been more than 60 calls on Seventh Street in the last 3 months. The numbers of calis will double with this type of business. Christine Rozek responded hours of operation aze govemed by state law. Liquor stores aze open until8 p.m. Monday through Friday; 10:00 p.m. on Saturday. Kelly Carter, 1842 Stillwater Avenue, appeared and stated when he first moved into the area 11 yeazs ago, it was a nice neighborhood. The apartment buildings were maintained well. Now, people walk up and down the alley. All night long, people aze talking loud and walking around the neighborhood. He feels they are selling drugs. He has asked people loitering on Van Dyke, Stillwater, in the alley, and Seventh Street why they aze standing azound. Mr. Carter has had property broken into. Neighbors do not spend time in their yards anymore. Houses are turning into prisons. Mr. Carter has been spat on and has had rocks thrown at him. Ae picks up liquor containers. With a liquor store, the containers to be picked up will double or triple. Mr. Carter was attacked with a stick. He cannot imagine what will happen with additional liquor. The apartments on Seventh Street are a portion of the problem. The biggest issue is the safety of the children in the neighborhood. Cannen Griggs, 1730 York Avenue, appeared and stated she and her husband checked the crime statistics before buying their house. Most of the crime is vandalism and domesYic violence, both of which increase where liquor becomes available. The Griggs do not drink, but she has no objection to someone picking up a 12 pack or case of beer that will last a couple of weeks or a botde of wine for a special occasion, but that is not the clientele this liquor store will be attracting. This liquor store will be attracting some of the problem people already in the neighborhood, buying the smaller quantities of liquor, loitering, and contributing to the problems in the area. There is a lot of traffic already. Pazking is difficult. Mazk Doree, 838 Iroquois Avenue, District 2 board member, appeared and stated he has nevez seen so many people protest a business. This license should be refused on two points: the owner's application was falsely represented to the city, and the safety and health issues. Mr. Doree asked why the environmental health issue was not passed. Christine Rozek responded environmental health and fire have to reinspect. The buiiding is not ready to open up yet. Ali licenses are approved conditionally upon getting that final inspection. Mr. Doree stated the VFW took a vote of their members 300 to 0 to not have this business there. Mr. Doree feels that the �i9-y°`I SEVEN BEAR LIQUOR, 1785 SEVENTH STREET EAST, 4-15-99 Page 4 owner forced Big Steer Meats out so that she can open a liquor store. This store does not fit the neighborhood nor the small azea plan. Kelly Carter stated he has a business and had to close it down to be here. Many people could not be here because of the hours of this hearing. Gary Unger, District 2 President, 1847 Idaho Avenue East, appeared and stated there are 23 businesses within a 20 block area, 2 rental halls, a fratemal organization, and the Camel Club, which is a private membership organization. All have uncontrolled pazking. There are too many businesses vying for pazking in this area. Jerome Ritter, 461 University Avenue, attorney for Anita S. Keo, appeazed and stated he sees a ground swell of community opposed to this business. Ms. Keo has made a good faith application and has fulfilled every legal requirement. She plans to operate this business in a lawful manner. It is her intention to work with the community. The type of commitment this community has to oppose the negative factors—drugs, loitering—are things any good business person would also oppose. The feazs and concerns that everything will get worse aze speculation. Ms. Keo will work to make sure her business is operated property. She will support the community to get rid of problems because these things are not good for her business either. The concerns here are well taken, but they aze not an appropriate lawful basis to deny this application. Recommendation far approval should be given. A commitment is made and will be made to address these other issues outside of the requirements that had to be submitted far the license. Gerry Strathman asked did he see the April 15 letter from District 2 in which they write that Anita Keo misrepresented facts on the application. Jerome Ritter responded he did not see it. (Mr. Strathman gave Jerome Ritter and Anita Keo a couple of minutes to go over this letter.) Jerome Ritter retumed and stated Anita Keo indicated she intends to operate this business personaily. At the meeting on April 12, Ms. Keo was concerned about comments and threats to burn the building down. She intends to operate the business and will have heip with staf£ With respect to having a manager and assistant, Ms. Keo intends to be the person in chazge, but will have employees working for her. Gerry Strathman asked are the responses to the questions on the District 2letter material to LIEP's recommendation as to whether the license should be gathered. Chrisfine Rozek responded no. It is not unusual for an owner to not know if a manager is needed; however, LIEP would like to be notified of any changes. Mr. Strathman stated he has 3 choices to recommend to the City Council: approval, approval with conditions, or refenal to an AI.J. He asked the group aze they willing to suspend their objections subject to conditions and would the owner be willing to accept the conditions. �tq - yoy SEVEN BEAR LIQUOR, 1785 SEVENTH STREET EAST, 415-99 Page 5 Chuck Repke, District 2, appeazed and responded it is a big concem of a neighborhood that the owner said she will run the business, and then later says she will keep her curtent full Ume job. T`he legal representative for that day is different than the owner's representative tonight. The fears of the community is the kind of clientele attracted to this business. The representative was asked is the clientele those who will have a I/z pint of liquor in their coat pocket, a 40 ounce bottle of malt liquor in a paper bag, or is the clientele from the neighborhood. Mr. Repke expected the attorney would respond to those concerns. Susan Hauwiller responded she prefers the option of an ALJ. Pazking has not bezn resolved. Conditions do not get enforced and eventually people put up with whatever is there. Jerome Ritter responded there are already conditions imposed such as drinking in public, public drunkenness, loitering, curfew, vandalism. Anita Keo should not be held responsible for conditions already set in law. Before the first customer walks in, it is difficult to de�ne who are the customers. Gerry Strathman stated some of the conditions established for licenses of this type are as follows: no sales of half pints, requirements that security be present, additional lighting, installing a camera, litter control, no coin telephones, and controlling congregation. Jerome Ritter responded they would be willing to consider conditions; however, if those conditions will not change the public opposiuon, then it will not matter. Gerry Strathman stated if conditions aze to be met, representative of the community should be present with some authority to act on behalf of the community. Mr. Strathman asked Chuck Repke would he be that person. Mr. Repke responded he is the staff person for District 2. The board of District 2 could designate a group of people from the board. Gerry Strathman laid over this matter to Apri129, 4:00 p.m. During that 2 week period, he encouraged people to consider conditions along with the property owner. On Apri129, Mr. Strathman will ask whomever is here if there are conditions that will address problems in the community, and if the property owner is willing to accept those conditions. If the answer to both of those question is yes, then he will recommend approval of the license with conditions. Otherwise, he will recommend the license be sent to an ALJ. The meeting was adjourned at 5:30 p.m. rrn °I a -�oy CONTINUATION OF LEGISLATIVE HEARING 3EVEN SEARS LIQUOR, 1785 SEVENTH STREET EAST 'I`hursday, Apri129, 1999 Room 330 Cour[house Gerry Strathman, Legislative Hearing Off'icer STAFF PRESENT: Christine Rozek, License, Tnspections, Environmentai Protection (LIEP) The meeting was calied to order at 4:02 p.m. Gerry Strathman stated this is a continuation of a legislative hearing that was commenced on April 15 to hear objecrions to the issuance of a liquor license to Seven Beazs Liquor. At that time, testimony was offered by many representatives of the neighborhood and aiso testimony was taken by the owner. At the conclusion of that hearing, Mr. Strathman indicated that there were 2 courses of action he might take based on the evldence offered: 1) to recommend that this issue be referred to an adminisbrative law judge far further findings of fact and law, 2) to recommend approval of the license if the representatives of the neighborhood and the owner could agree to conditions to be placed on the license that would address the concerns raised at the last hearing. Mr. Strathman asked was there anyone that would like to testify today that did not testify on Aprii 15. (No one answered.) Jerome Ritter, attorney far the owner Anita Keo, appeared and stated there was a meeting and language has been exchanged. Agreements have been reached on just about everything, but one point concerning the 12 ounce and half pint containers is still being discussed. Ten conditions will probably be agreed upon. Gerry Strathman recommended this license be approved with conditions. Christine Rozek stated she would like the signed conditions a week before the City Councal meeting. Mr. Ritter responded that will not be a problem. The conditions will probably be agreed to today. The meeting was adjoumed at 4:07 p.m. Note: L]EP informed Gerry Strathman that the following conditions have been verbally agreed to by the owner and the neighborhood representative. Mr. Strathman recommends that the City Council approve the ]icense with these conditions: 1. There will be no sales of liquor (including fortified wines) in packaging smaller than a pint unless specifically pernutted by state law. 2. There will be security cameras (number and location determined by licensee's insurance company). 3. The rear dooz azea will have flood lighting. 4. There will be no pay phone in or outside the establishment. 5. When Ms. Keo is not in the establishment, there wili be a"manager" who has gone through the ciry's background check. q�-4oy CONTINLJATION OF HEARING FOR 7 BEARS LIQUOR, 4-29-99 Page 2 6. All employees will have industry standazd training concerning liquor sales. 7. There will be two employees on the premises from 5:00 pm. untii closing. 8. As practical, licensee will use pricing label that includes the store name; all products sold pre.chilled (from beer cooler or wine cooler) must have labels with the store name. 9. There will be no security bazs outside the front windows or door of the facility; any security bazs/gates wili be inside the building and as inconspicuous as possible. 10. The licensee will keep the exterior of the buiiding litter free, and will work with the District 2 Community Council in their efforts to get a city trash receptacle. rrn