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00-107Ar�c�b,� �, - 3 � 8' J o0 Council File # p p- Ip � Green Sheet # 101650 RESOLUTION CiTY OF Presented Refened To Committee Date as WHEREAS, the Legislative Hearing Officer recommends that license application (ID # 19990006162) for Malt Off Sale, Grocery (C), and Cigarette/Tobacco Licenses by Mahubeh Mustafa, dba Dale Selby Superette, 618 Selby Avenue, be approved with the following conditions: 1) 2) 3) 4) There shall be no sale or display of 3.2 beer until a license has been issued. The licensed prexnise and the azea in front of the store must be kept free of litter. The licensee shall call the police when excessive loitering is observed by the licensee or his employees. The licensee or his/her representative will attend a meeting with the community in December 2000 to review the past year of operation and to make recommendations for the future. THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license with the recommended conditions. 5) The licenseeshall not sell any single containers of 3.2 beer. 6) The licensee shall not se11 any bottles of 3.2 beer that contain 40 oz. or more. Ye Nays Absent Blakey � Coleman � Harris � Benanav � Reiter � Bostrom � Lanny ✓ Adopted by Council: Date � s , r �n, R Z 00 D Ado rion rtified b Council Secre�T�' $Y� p � � ,..��.-i..�►►____�� Approved by Mayor: Date _��%��� ZZ Z� BY: � Z rJ�'( ��-/�� PArUL. MiNNESOTA Requested Uy Depariment of: � Form Approved by City Attorney � Approved by Mayor for Submission to Council Sy: oo_ to�( City Council Offices - 1 2-z-2000 GREEN SHEET No Gerry Strathman, 266-8560 February 9, 2000 TOTAL # OF SIGNATURE PAGES u 09.R..BI.ORBfO. u tll„NIC...� ❑ fJ1YAifONlY ❑ OIYCM1HII ❑ nnwuu�uow. ❑ nriea�.aeiv.eera ❑ wva�aeNar�xn ❑ (CL1P ALL LOCATIONS FOR SIGNATUR� Approving application with conditions for Malt Off Sale, Grocery (C), and CigaretteJTobacco Licenses by Mahuheh Mustafa, dba Dale Selby Superette, 618 Selby Avenue. PLANNING �MMISSION CIB COMMIiTEE CML SERVICE COMM�SSION 11es tlus P�n averwaAmd iuMera mrJ�aCiarU's depmhneN7 . VES NO tlas q�w Pm*�m e�er aeen a dH emolayee7 . YE3 NO Ooes Uxs P� 0� a sW nd � pY anY c�erMit citY em7bYee? YES ND N U�is per8a4ftlm a ffipeted �aMOY7 YES NO � � NWUNTOFTRANSACTION COST/REVENUEBUOGETED(qRCLEONE) YEE NO I1CTMfY NlI1�ER (�) OO��a'1 LEGISLATIVE HEARING DALE SELBY SUPERETTE - b18 SELBY AVENUE Monday, December 20, 1999 Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 11:03 a.m. (No one appeared from the Office of License, Inspections, Environmental Protection) Gerry Strathman stated this meeting is being held to heaz objections being made to the issuance of licenses to Ivlahubeh 1vlustafa, DBA Dale Selby Superette. The licenses being applied for are Malt Off Sale, Grocery (C), and Cigarette/Tobacco Licenses. Mr. Strathman has received two letters of objection, neither of which refer to the Grocery (C) and CigarettelTobacco Licenses. Chazles and Marjorie Cullen, 613 Laurel Avenue, appeared. Mrs. Cullen stated she does not want any more liquor in the area. She has lived in the neighborhood since 1959. The neighborhood has gotten better because the off sale liquor stores and beer businesses aze out. The Cullens cannot pick up the litter daily as she would like. She cannot keep the side yard clean because people go to the store, buy items, and dump it in the yazd. Mr. Strathman asked aze they objecting to the grocery or cigarette licenses. Just the liquor, responded the Cullens. Mr. Cullen stated there were drug problems with previous businesses in the area that haue since closed. Also, the Cullens are constantly picking up wrappers, bottles, and cans. They are afraid that the beer will draw the wrong clientele, and the drug problems will start again. The neighborhood is doing well, and the businesses are doing well in the neighborhood. Mr. Strathman stated he received a letter from the Cullens. He also received a letter today from Carie Essig, Chair of the Summit University Plztuiiug Council, in which she wrote the Plauning Council opposes the issuance of these licenses, and will be holding two public meetings on January 12 and January 20 to discuss this issue. Kanan Mustafa, Manager, appeared and stated the old owners did not do a good job. Since his family has taken over the business about three months agq there have not been any problems. They have tried to keep the properiy clean. The beer being sold will be 3.2 and malt liquor. The place has been in business for 14 yeazs. He has been doing a good job since taking over the business. There hasn't been a liquor license there, stated Mr. Strathman. Mr. Mustafa responded a beer license has been there for 14 years. Mr. Strathman stated he does not have staff here $om LIEP so he does not have a history of this business. p o - �0�1 DALE SELBY SUPERETTE, LEGISLATIVE HEARING, 618 SELBY AVENCTE Page 2 Because the Summit University Planning Council is holding hearings on this in .Tanuary, stated Mr. Strathman, this matter will be held over so that he can get a formal report from them. Mr. Mustafa stated the only people buying his beer are the people that live upstairs from his business, and he is sure they aze not scattering bottles in the neighborhood. Also, he is not the only store selling beer. A person could buy beer from University Avenue or from Miuneapolis and bring it into the neighborhood. He has no control over what people do at home. Mr. Mustafa stated he has been doing business since he was 12 years old. Mr. Strathman recommended Mr. Mustafa attend the hearings at the Summit iJniversity Platming Council. (Mr. Mustafa was supplied a copy of the letter from Carie Essig.) Mr. Strathman stated this matter will be laid over to Monday, January 31, 1999, 11:00 a.m. At that time, he will have a report from the Planning Council and he will decide what to recommend to the City Council. There is no objection to the grocery and cigarette licenses. The meeting was adjourned at 11:17 a.m. rrri ac-�o� CONTINUATION OF LEGISLATIVE HEARING DALE SELBY SUPERETTE - 618 SELBY AVENUE Monday, January 31, 2000 Gerry Strathman, Legislative Heariug Officer Gerry Strathman called the meeting to order at 11:02 a.m. STAFF PRESENT: Christine Rozek, License, Inspection, Environmental Protection (LIEP) Gerry Strathman stated this is a continuation of a hearing that began on December 20, 1999. Mr. Stratlunau was asked to allow time for the Summit University Planning Councii to review this matter. Christine Rozek reported this application is for grocery, cigarette, and a malt off sale licenses applied for by Mahubeh Mustafa, dba Dale Selby Superette, at 618 Selby Avenue. The malt ofF sale license has received inspection approval, the grocery license is still pending a fmal environmental health inspection, and the cigazette/tobacco license has received the proper inspections and has been approved by the inspections. There aze no adverse actions against the license. This is a new license for a location that has been licensed for some time. Carie Essig, board member of the Summit University Planning Council, appeazed and stated she sent a letter to Mr. Strathman. She is not speaking far the planning council as a whole, but the community, which she spoke to at two meetings. The community has strong concerns about the malt portion of this license. Most significant is the question of whether the owner is selling malt without a license. The other concerns are littering, loitering, and drug activity on the corner, which may or may not be directly effected by what goes on in the stare. Also, the planning council was told the owner would be living in the neighborhood; however, LIEP only has a temporary residence for the owner. Mr. Strathman asked were there facts about the owner selling liquor without a license. Ms. Essig responded she went to the store on January 28 at 10:00 am. and noticed a cooler fixll of 3.2 beer for sale. She did not purchase any. She went there based on people in the community saying that the business is selling beer. Ms. Essig was not willing to put that in writing until she had seen it herself. She filed a complaint with the Citizen Service Office to ask them to send out an inspector to deal with this; she was told they would do that. Kanan Mustafa, representing the owner, appeazed and stated someone walked into the store today and tried to purchase beer. Mr. Mustafa would not sell it to him. The store does not sell beer. When the present owner purchased the stare, the beer was already there. The store is too small to store beer in the back. Mr. Mustafa lives up the stairs from the store. He will sign a new lease next month. There is beer in the cooler, but it is not being sold, asked Mr. Strathman. Mr. Mustafa responded that is correct. He bought the store with the beer license, and the beer was in it. The beer is stored in the cooler because he has no place to store it. Mr. Strathman asked if they were to have a beer license, where would they store the beer. Mr. Mustafa responded in the cooler. He ran the 60-to�i CONTTNiJATTON HEARING - DALE SELBY SUPERETTE Page 2 store for a month before it was purchased and knows the previous owner did not sell much 32 beer. Mr. Strathman asked can a person store beer in a premises in a cooler if there is not a license to sell it. First of all, stated Ms. Rozek, these licenses aze not transferable, and alcohol cannot be displayed. Mr. Mustafa responded he purchased businesses in Ohio and did not know this. Ms. Rozek stated she has the license application here and asked if he the owner. Mr. Mustafa responded he has the power of attorney from the owner. Ms. Rozek stated it reads on the top of the application that licenses are ttot transferable. She asked were there any sigris that read the beer is not sold or is there a cover over the beer. Mr. Mustafa responded no. Ms. Rozek asked would there be any mistakes made. Mr. Mustafa responded he was there this morning. He and his brother aze the only workers there. What is the plam�ing council looking for, asked Mr. Strathman. Ms. Essig responded the community would like an opportunity to work with the business owner, establish the perimeters related to selling to minors and littering, make sure the owner is following their legal rights and obligations, keeping the store front clean, and keeping away ruckus behavior. Ms. Rozek stated one possibility is to work with the neighborhood and place some conditions on the license. Mr. Mustafa responded he would be glad to. He will also try to keep the storefront clean. He has been rnnn;ng the business since September 28, 1999. Mr. Strathman suggested Ms. Rozek, Ms. Essig, and Mr. Mustafa meet after this meeting and write up conditions that are agreeable to the three of them. Mr. Strathman will recommend those conditions to the City Council. (Everyone said they are willing to do that.) If condifions cannot be agreed upon, then NIr. Strathman will recommend this matter be sent to an Administrative Law Judge. Note: Kanan Mustafa, Carie Essig, and Christine Rozek met after the meeting and agreed upon four conditions. Gerry Strathman recommends approval of the licenses with these conditions which are as follows: 1) There sha11 be no sale or display of 3.2 beer until a license has been issued; 2) The licensed premise and the area in front of the store must be kept free of litter; 3) The licensee shall call the police when excessive loitering is observed by the licensee or his employees; and 4) The licensee or his/her representative will attend a meeting with the commuuity in December 2000 to review the past yeaz of operation and to make recommendations far the future. The meeting was adjourned at 11:17 a.m. rrti Council File # O(� - lOr7 ORIGINAL RESOLUTION CiTY OF SAINT PAUL, MINNESOTA Green Sheet # 101650 �Presented Referred To as Aate W��REAS, the Legisiative Heazing Officet recommends that license application (ID�19990006162) for Malt Off Sale, Cstocery (C), and Cigarette(I'obacco Licenses by Mahubeh Mustafa, dba I7ale Selby Superette, b18 Selby Avenue, be approved with the following conditions: i) There shall be no sale or dispiay of 3.2 beer until a license has been is . 2) The licensed premise and the area in front of the store must be kept of litter. 3) The licensee shall call the police when excessive loitering is observ by the licensee or his employees. 4) The licensee or his/her representative will attend a meeting with e community in December 2000 to review the past yeaz of operation and to make recommendatio or the firture. TI�REFORE, BE IT RESOLVED tUat the Council of the City f Saint Paul hereby approves this license with the recommended con�iirions. . , �) �p�s T�N htGwse� � St�(a�cy �r�,+�� �OHflGtfcu d13.Z �r �,� / / 0 �tL�t�ittiu �� t26f SeQ� Blakey Cole man Harr Ben anav Reiter B o s trom Lantry Adopted by Council: Adoption Certified By: , � /1� � � � / ; , Requested by Department of: By: Form Approved by City Attomey � Approved by Mayor for Submission to Council � Secretary Approved by�iGiayor: Date � po _ l0'1 Council 0£fices Gerry Strathman, 266-8560 2-2-2000 GREEN SHEET M 1 �J 1 �5U February 9, 2000 TOTAL # OF SIGNATURE PAGES � �� rn.eanra. ❑ an�rmwar � anfsn�c ❑ w�wy.aaN:..ea ❑ nwou�onr�ero �YYORPYOINR) � (CUP ALL LOCATIONS FOR SIGNATURE� Approving application with conditions for Malt Off Sale, Grocery (C), and Cigarette/Tobacco Licenses by Mahubeh Mustafa, dba Dale Selby Superette, 618 Selbp Avenue. PUWNMG COMMISSION GB COMMtTTEE CML SERVICE COMMISSION flr ttYS o�ar6m w+r�wrkeQ uiAaa mihKt fortlfs deprtmmd'1 YES 140 1YStlib D�m �ar e�an � eiy �qyeel YES NO , Oos th"s V� G�s�s a Ydl mt mmNypw�w M airy curtart cAY enwbYce9 YES Wb •k11rPr�auhmatirpeletivaKbR � . � YF.S WO l/�Juili•:t p..�p�..�.,F. l�....s-.r FEB��2��0 1oUNT 7F TRFNSJ�CTION i CWTlREVENYE Wb6ET� (C�q� �MBI YFt NO 5�--- °-� 6O ^ � aS SOURCE AC'TIVRY 1AlII�ER /1 � r wFORwnOr+(o�v�NN� � � X.� ��. J�� /�� :� �— � C � � � S a-60'p � / � \ �..�. V t 1 r� _ . _ 1 _ � / � S� � �--� r�.�.� •� ,�,e� c�.�.,'�9�_. �-'F �--� . � P ��.;___ �;,�, �.�,-.1.� 4.�_ � �, a-�.; ,�_..�� Ar�c�b,� �, - 3 � 8' J o0 Council File # p p- Ip � Green Sheet # 101650 RESOLUTION CiTY OF Presented Refened To Committee Date as WHEREAS, the Legislative Hearing Officer recommends that license application (ID # 19990006162) for Malt Off Sale, Grocery (C), and Cigarette/Tobacco Licenses by Mahubeh Mustafa, dba Dale Selby Superette, 618 Selby Avenue, be approved with the following conditions: 1) 2) 3) 4) There shall be no sale or display of 3.2 beer until a license has been issued. The licensed prexnise and the azea in front of the store must be kept free of litter. The licensee shall call the police when excessive loitering is observed by the licensee or his employees. The licensee or his/her representative will attend a meeting with the community in December 2000 to review the past year of operation and to make recommendations for the future. THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license with the recommended conditions. 5) The licenseeshall not sell any single containers of 3.2 beer. 6) The licensee shall not se11 any bottles of 3.2 beer that contain 40 oz. or more. Ye Nays Absent Blakey � Coleman � Harris � Benanav � Reiter � Bostrom � Lanny ✓ Adopted by Council: Date � s , r �n, R Z 00 D Ado rion rtified b Council Secre�T�' $Y� p � � ,..��.-i..�►►____�� Approved by Mayor: Date _��%��� ZZ Z� BY: � Z rJ�'( ��-/�� PArUL. MiNNESOTA Requested Uy Depariment of: � Form Approved by City Attorney � Approved by Mayor for Submission to Council Sy: oo_ to�( City Council Offices - 1 2-z-2000 GREEN SHEET No Gerry Strathman, 266-8560 February 9, 2000 TOTAL # OF SIGNATURE PAGES u 09.R..BI.ORBfO. u tll„NIC...� ❑ fJ1YAifONlY ❑ OIYCM1HII ❑ nnwuu�uow. ❑ nriea�.aeiv.eera ❑ wva�aeNar�xn ❑ (CL1P ALL LOCATIONS FOR SIGNATUR� Approving application with conditions for Malt Off Sale, Grocery (C), and CigaretteJTobacco Licenses by Mahuheh Mustafa, dba Dale Selby Superette, 618 Selby Avenue. PLANNING �MMISSION CIB COMMIiTEE CML SERVICE COMM�SSION 11es tlus P�n averwaAmd iuMera mrJ�aCiarU's depmhneN7 . VES NO tlas q�w Pm*�m e�er aeen a dH emolayee7 . YE3 NO Ooes Uxs P� 0� a sW nd � pY anY c�erMit citY em7bYee? YES ND N U�is per8a4ftlm a ffipeted �aMOY7 YES NO � � NWUNTOFTRANSACTION COST/REVENUEBUOGETED(qRCLEONE) YEE NO I1CTMfY NlI1�ER (�) OO��a'1 LEGISLATIVE HEARING DALE SELBY SUPERETTE - b18 SELBY AVENUE Monday, December 20, 1999 Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 11:03 a.m. (No one appeared from the Office of License, Inspections, Environmental Protection) Gerry Strathman stated this meeting is being held to heaz objections being made to the issuance of licenses to Ivlahubeh 1vlustafa, DBA Dale Selby Superette. The licenses being applied for are Malt Off Sale, Grocery (C), and Cigarette/Tobacco Licenses. Mr. Strathman has received two letters of objection, neither of which refer to the Grocery (C) and CigarettelTobacco Licenses. Chazles and Marjorie Cullen, 613 Laurel Avenue, appeared. Mrs. Cullen stated she does not want any more liquor in the area. She has lived in the neighborhood since 1959. The neighborhood has gotten better because the off sale liquor stores and beer businesses aze out. The Cullens cannot pick up the litter daily as she would like. She cannot keep the side yard clean because people go to the store, buy items, and dump it in the yazd. Mr. Strathman asked aze they objecting to the grocery or cigarette licenses. Just the liquor, responded the Cullens. Mr. Cullen stated there were drug problems with previous businesses in the area that haue since closed. Also, the Cullens are constantly picking up wrappers, bottles, and cans. They are afraid that the beer will draw the wrong clientele, and the drug problems will start again. The neighborhood is doing well, and the businesses are doing well in the neighborhood. Mr. Strathman stated he received a letter from the Cullens. He also received a letter today from Carie Essig, Chair of the Summit University Plztuiiug Council, in which she wrote the Plauning Council opposes the issuance of these licenses, and will be holding two public meetings on January 12 and January 20 to discuss this issue. Kanan Mustafa, Manager, appeared and stated the old owners did not do a good job. Since his family has taken over the business about three months agq there have not been any problems. They have tried to keep the properiy clean. The beer being sold will be 3.2 and malt liquor. The place has been in business for 14 yeazs. He has been doing a good job since taking over the business. There hasn't been a liquor license there, stated Mr. Strathman. Mr. Mustafa responded a beer license has been there for 14 years. Mr. Strathman stated he does not have staff here $om LIEP so he does not have a history of this business. p o - �0�1 DALE SELBY SUPERETTE, LEGISLATIVE HEARING, 618 SELBY AVENCTE Page 2 Because the Summit University Planning Council is holding hearings on this in .Tanuary, stated Mr. Strathman, this matter will be held over so that he can get a formal report from them. Mr. Mustafa stated the only people buying his beer are the people that live upstairs from his business, and he is sure they aze not scattering bottles in the neighborhood. Also, he is not the only store selling beer. A person could buy beer from University Avenue or from Miuneapolis and bring it into the neighborhood. He has no control over what people do at home. Mr. Mustafa stated he has been doing business since he was 12 years old. Mr. Strathman recommended Mr. Mustafa attend the hearings at the Summit iJniversity Platming Council. (Mr. Mustafa was supplied a copy of the letter from Carie Essig.) Mr. Strathman stated this matter will be laid over to Monday, January 31, 1999, 11:00 a.m. At that time, he will have a report from the Planning Council and he will decide what to recommend to the City Council. There is no objection to the grocery and cigarette licenses. The meeting was adjourned at 11:17 a.m. rrri ac-�o� CONTINUATION OF LEGISLATIVE HEARING DALE SELBY SUPERETTE - 618 SELBY AVENUE Monday, January 31, 2000 Gerry Strathman, Legislative Heariug Officer Gerry Strathman called the meeting to order at 11:02 a.m. STAFF PRESENT: Christine Rozek, License, Inspection, Environmental Protection (LIEP) Gerry Strathman stated this is a continuation of a hearing that began on December 20, 1999. Mr. Stratlunau was asked to allow time for the Summit University Planning Councii to review this matter. Christine Rozek reported this application is for grocery, cigarette, and a malt off sale licenses applied for by Mahubeh Mustafa, dba Dale Selby Superette, at 618 Selby Avenue. The malt ofF sale license has received inspection approval, the grocery license is still pending a fmal environmental health inspection, and the cigazette/tobacco license has received the proper inspections and has been approved by the inspections. There aze no adverse actions against the license. This is a new license for a location that has been licensed for some time. Carie Essig, board member of the Summit University Planning Council, appeazed and stated she sent a letter to Mr. Strathman. She is not speaking far the planning council as a whole, but the community, which she spoke to at two meetings. The community has strong concerns about the malt portion of this license. Most significant is the question of whether the owner is selling malt without a license. The other concerns are littering, loitering, and drug activity on the corner, which may or may not be directly effected by what goes on in the stare. Also, the planning council was told the owner would be living in the neighborhood; however, LIEP only has a temporary residence for the owner. Mr. Strathman asked were there facts about the owner selling liquor without a license. Ms. Essig responded she went to the store on January 28 at 10:00 am. and noticed a cooler fixll of 3.2 beer for sale. She did not purchase any. She went there based on people in the community saying that the business is selling beer. Ms. Essig was not willing to put that in writing until she had seen it herself. She filed a complaint with the Citizen Service Office to ask them to send out an inspector to deal with this; she was told they would do that. Kanan Mustafa, representing the owner, appeazed and stated someone walked into the store today and tried to purchase beer. Mr. Mustafa would not sell it to him. The store does not sell beer. When the present owner purchased the stare, the beer was already there. The store is too small to store beer in the back. Mr. Mustafa lives up the stairs from the store. He will sign a new lease next month. There is beer in the cooler, but it is not being sold, asked Mr. Strathman. Mr. Mustafa responded that is correct. He bought the store with the beer license, and the beer was in it. The beer is stored in the cooler because he has no place to store it. Mr. Strathman asked if they were to have a beer license, where would they store the beer. Mr. Mustafa responded in the cooler. He ran the 60-to�i CONTTNiJATTON HEARING - DALE SELBY SUPERETTE Page 2 store for a month before it was purchased and knows the previous owner did not sell much 32 beer. Mr. Strathman asked can a person store beer in a premises in a cooler if there is not a license to sell it. First of all, stated Ms. Rozek, these licenses aze not transferable, and alcohol cannot be displayed. Mr. Mustafa responded he purchased businesses in Ohio and did not know this. Ms. Rozek stated she has the license application here and asked if he the owner. Mr. Mustafa responded he has the power of attorney from the owner. Ms. Rozek stated it reads on the top of the application that licenses are ttot transferable. She asked were there any sigris that read the beer is not sold or is there a cover over the beer. Mr. Mustafa responded no. Ms. Rozek asked would there be any mistakes made. Mr. Mustafa responded he was there this morning. He and his brother aze the only workers there. What is the plam�ing council looking for, asked Mr. Strathman. Ms. Essig responded the community would like an opportunity to work with the business owner, establish the perimeters related to selling to minors and littering, make sure the owner is following their legal rights and obligations, keeping the store front clean, and keeping away ruckus behavior. Ms. Rozek stated one possibility is to work with the neighborhood and place some conditions on the license. Mr. Mustafa responded he would be glad to. He will also try to keep the storefront clean. He has been rnnn;ng the business since September 28, 1999. Mr. Strathman suggested Ms. Rozek, Ms. Essig, and Mr. Mustafa meet after this meeting and write up conditions that are agreeable to the three of them. Mr. Strathman will recommend those conditions to the City Council. (Everyone said they are willing to do that.) If condifions cannot be agreed upon, then NIr. Strathman will recommend this matter be sent to an Administrative Law Judge. Note: Kanan Mustafa, Carie Essig, and Christine Rozek met after the meeting and agreed upon four conditions. Gerry Strathman recommends approval of the licenses with these conditions which are as follows: 1) There sha11 be no sale or display of 3.2 beer until a license has been issued; 2) The licensed premise and the area in front of the store must be kept free of litter; 3) The licensee shall call the police when excessive loitering is observed by the licensee or his employees; and 4) The licensee or his/her representative will attend a meeting with the commuuity in December 2000 to review the past yeaz of operation and to make recommendations far the future. The meeting was adjourned at 11:17 a.m. rrti Council File # O(� - lOr7 ORIGINAL RESOLUTION CiTY OF SAINT PAUL, MINNESOTA Green Sheet # 101650 �Presented Referred To as Aate W��REAS, the Legisiative Heazing Officet recommends that license application (ID�19990006162) for Malt Off Sale, Cstocery (C), and Cigarette(I'obacco Licenses by Mahubeh Mustafa, dba I7ale Selby Superette, b18 Selby Avenue, be approved with the following conditions: i) There shall be no sale or dispiay of 3.2 beer until a license has been is . 2) The licensed premise and the area in front of the store must be kept of litter. 3) The licensee shall call the police when excessive loitering is observ by the licensee or his employees. 4) The licensee or his/her representative will attend a meeting with e community in December 2000 to review the past yeaz of operation and to make recommendatio or the firture. TI�REFORE, BE IT RESOLVED tUat the Council of the City f Saint Paul hereby approves this license with the recommended con�iirions. . , �) �p�s T�N htGwse� � St�(a�cy �r�,+�� �OHflGtfcu d13.Z �r �,� / / 0 �tL�t�ittiu �� t26f SeQ� Blakey Cole man Harr Ben anav Reiter B o s trom Lantry Adopted by Council: Adoption Certified By: , � /1� � � � / ; , Requested by Department of: By: Form Approved by City Attomey � Approved by Mayor for Submission to Council � Secretary Approved by�iGiayor: Date � po _ l0'1 Council 0£fices Gerry Strathman, 266-8560 2-2-2000 GREEN SHEET M 1 �J 1 �5U February 9, 2000 TOTAL # OF SIGNATURE PAGES � �� rn.eanra. ❑ an�rmwar � anfsn�c ❑ w�wy.aaN:..ea ❑ nwou�onr�ero �YYORPYOINR) � (CUP ALL LOCATIONS FOR SIGNATURE� Approving application with conditions for Malt Off Sale, Grocery (C), and Cigarette/Tobacco Licenses by Mahubeh Mustafa, dba Dale Selby Superette, 618 Selbp Avenue. PUWNMG COMMISSION GB COMMtTTEE CML SERVICE COMMISSION flr ttYS o�ar6m w+r�wrkeQ uiAaa mihKt fortlfs deprtmmd'1 YES 140 1YStlib D�m �ar e�an � eiy �qyeel YES NO , Oos th"s V� G�s�s a Ydl mt mmNypw�w M airy curtart cAY enwbYce9 YES Wb •k11rPr�auhmatirpeletivaKbR � . � YF.S WO l/�Juili•:t p..�p�..�.,F. l�....s-.r FEB��2��0 1oUNT 7F TRFNSJ�CTION i CWTlREVENYE Wb6ET� (C�q� �MBI YFt NO 5�--- °-� 6O ^ � aS SOURCE AC'TIVRY 1AlII�ER /1 � r wFORwnOr+(o�v�NN� � � X.� ��. J�� /�� :� �— � C � � � S a-60'p � / � \ �..�. V t 1 r� _ . _ 1 _ � / � S� � �--� r�.�.� •� ,�,e� c�.�.,'�9�_. �-'F �--� . � P ��.;___ �;,�, �.�,-.1.� 4.�_ � �, a-�.; ,�_..�� Ar�c�b,� �, - 3 � 8' J o0 Council File # p p- Ip � Green Sheet # 101650 RESOLUTION CiTY OF Presented Refened To Committee Date as WHEREAS, the Legislative Hearing Officer recommends that license application (ID # 19990006162) for Malt Off Sale, Grocery (C), and Cigarette/Tobacco Licenses by Mahubeh Mustafa, dba Dale Selby Superette, 618 Selby Avenue, be approved with the following conditions: 1) 2) 3) 4) There shall be no sale or display of 3.2 beer until a license has been issued. The licensed prexnise and the azea in front of the store must be kept free of litter. The licensee shall call the police when excessive loitering is observed by the licensee or his employees. The licensee or his/her representative will attend a meeting with the community in December 2000 to review the past year of operation and to make recommendations for the future. THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license with the recommended conditions. 5) The licenseeshall not sell any single containers of 3.2 beer. 6) The licensee shall not se11 any bottles of 3.2 beer that contain 40 oz. or more. Ye Nays Absent Blakey � Coleman � Harris � Benanav � Reiter � Bostrom � Lanny ✓ Adopted by Council: Date � s , r �n, R Z 00 D Ado rion rtified b Council Secre�T�' $Y� p � � ,..��.-i..�►►____�� Approved by Mayor: Date _��%��� ZZ Z� BY: � Z rJ�'( ��-/�� PArUL. MiNNESOTA Requested Uy Depariment of: � Form Approved by City Attorney � Approved by Mayor for Submission to Council Sy: oo_ to�( City Council Offices - 1 2-z-2000 GREEN SHEET No Gerry Strathman, 266-8560 February 9, 2000 TOTAL # OF SIGNATURE PAGES u 09.R..BI.ORBfO. u tll„NIC...� ❑ fJ1YAifONlY ❑ OIYCM1HII ❑ nnwuu�uow. ❑ nriea�.aeiv.eera ❑ wva�aeNar�xn ❑ (CL1P ALL LOCATIONS FOR SIGNATUR� Approving application with conditions for Malt Off Sale, Grocery (C), and CigaretteJTobacco Licenses by Mahuheh Mustafa, dba Dale Selby Superette, 618 Selby Avenue. PLANNING �MMISSION CIB COMMIiTEE CML SERVICE COMM�SSION 11es tlus P�n averwaAmd iuMera mrJ�aCiarU's depmhneN7 . VES NO tlas q�w Pm*�m e�er aeen a dH emolayee7 . YE3 NO Ooes Uxs P� 0� a sW nd � pY anY c�erMit citY em7bYee? YES ND N U�is per8a4ftlm a ffipeted �aMOY7 YES NO � � NWUNTOFTRANSACTION COST/REVENUEBUOGETED(qRCLEONE) YEE NO I1CTMfY NlI1�ER (�) OO��a'1 LEGISLATIVE HEARING DALE SELBY SUPERETTE - b18 SELBY AVENUE Monday, December 20, 1999 Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 11:03 a.m. (No one appeared from the Office of License, Inspections, Environmental Protection) Gerry Strathman stated this meeting is being held to heaz objections being made to the issuance of licenses to Ivlahubeh 1vlustafa, DBA Dale Selby Superette. The licenses being applied for are Malt Off Sale, Grocery (C), and Cigarette/Tobacco Licenses. Mr. Strathman has received two letters of objection, neither of which refer to the Grocery (C) and CigarettelTobacco Licenses. Chazles and Marjorie Cullen, 613 Laurel Avenue, appeared. Mrs. Cullen stated she does not want any more liquor in the area. She has lived in the neighborhood since 1959. The neighborhood has gotten better because the off sale liquor stores and beer businesses aze out. The Cullens cannot pick up the litter daily as she would like. She cannot keep the side yard clean because people go to the store, buy items, and dump it in the yazd. Mr. Strathman asked aze they objecting to the grocery or cigarette licenses. Just the liquor, responded the Cullens. Mr. Cullen stated there were drug problems with previous businesses in the area that haue since closed. Also, the Cullens are constantly picking up wrappers, bottles, and cans. They are afraid that the beer will draw the wrong clientele, and the drug problems will start again. The neighborhood is doing well, and the businesses are doing well in the neighborhood. Mr. Strathman stated he received a letter from the Cullens. He also received a letter today from Carie Essig, Chair of the Summit University Plztuiiug Council, in which she wrote the Plauning Council opposes the issuance of these licenses, and will be holding two public meetings on January 12 and January 20 to discuss this issue. Kanan Mustafa, Manager, appeared and stated the old owners did not do a good job. Since his family has taken over the business about three months agq there have not been any problems. They have tried to keep the properiy clean. The beer being sold will be 3.2 and malt liquor. The place has been in business for 14 yeazs. He has been doing a good job since taking over the business. There hasn't been a liquor license there, stated Mr. Strathman. Mr. Mustafa responded a beer license has been there for 14 years. Mr. Strathman stated he does not have staff here $om LIEP so he does not have a history of this business. p o - �0�1 DALE SELBY SUPERETTE, LEGISLATIVE HEARING, 618 SELBY AVENCTE Page 2 Because the Summit University Planning Council is holding hearings on this in .Tanuary, stated Mr. Strathman, this matter will be held over so that he can get a formal report from them. Mr. Mustafa stated the only people buying his beer are the people that live upstairs from his business, and he is sure they aze not scattering bottles in the neighborhood. Also, he is not the only store selling beer. A person could buy beer from University Avenue or from Miuneapolis and bring it into the neighborhood. He has no control over what people do at home. Mr. Mustafa stated he has been doing business since he was 12 years old. Mr. Strathman recommended Mr. Mustafa attend the hearings at the Summit iJniversity Platming Council. (Mr. Mustafa was supplied a copy of the letter from Carie Essig.) Mr. Strathman stated this matter will be laid over to Monday, January 31, 1999, 11:00 a.m. At that time, he will have a report from the Planning Council and he will decide what to recommend to the City Council. There is no objection to the grocery and cigarette licenses. The meeting was adjourned at 11:17 a.m. rrri ac-�o� CONTINUATION OF LEGISLATIVE HEARING DALE SELBY SUPERETTE - 618 SELBY AVENUE Monday, January 31, 2000 Gerry Strathman, Legislative Heariug Officer Gerry Strathman called the meeting to order at 11:02 a.m. STAFF PRESENT: Christine Rozek, License, Inspection, Environmental Protection (LIEP) Gerry Strathman stated this is a continuation of a hearing that began on December 20, 1999. Mr. Stratlunau was asked to allow time for the Summit University Planning Councii to review this matter. Christine Rozek reported this application is for grocery, cigarette, and a malt off sale licenses applied for by Mahubeh Mustafa, dba Dale Selby Superette, at 618 Selby Avenue. The malt ofF sale license has received inspection approval, the grocery license is still pending a fmal environmental health inspection, and the cigazette/tobacco license has received the proper inspections and has been approved by the inspections. There aze no adverse actions against the license. This is a new license for a location that has been licensed for some time. Carie Essig, board member of the Summit University Planning Council, appeazed and stated she sent a letter to Mr. Strathman. She is not speaking far the planning council as a whole, but the community, which she spoke to at two meetings. The community has strong concerns about the malt portion of this license. Most significant is the question of whether the owner is selling malt without a license. The other concerns are littering, loitering, and drug activity on the corner, which may or may not be directly effected by what goes on in the stare. Also, the planning council was told the owner would be living in the neighborhood; however, LIEP only has a temporary residence for the owner. Mr. Strathman asked were there facts about the owner selling liquor without a license. Ms. Essig responded she went to the store on January 28 at 10:00 am. and noticed a cooler fixll of 3.2 beer for sale. She did not purchase any. She went there based on people in the community saying that the business is selling beer. Ms. Essig was not willing to put that in writing until she had seen it herself. She filed a complaint with the Citizen Service Office to ask them to send out an inspector to deal with this; she was told they would do that. Kanan Mustafa, representing the owner, appeazed and stated someone walked into the store today and tried to purchase beer. Mr. Mustafa would not sell it to him. The store does not sell beer. When the present owner purchased the stare, the beer was already there. The store is too small to store beer in the back. Mr. Mustafa lives up the stairs from the store. He will sign a new lease next month. There is beer in the cooler, but it is not being sold, asked Mr. Strathman. Mr. Mustafa responded that is correct. He bought the store with the beer license, and the beer was in it. The beer is stored in the cooler because he has no place to store it. Mr. Strathman asked if they were to have a beer license, where would they store the beer. Mr. Mustafa responded in the cooler. He ran the 60-to�i CONTTNiJATTON HEARING - DALE SELBY SUPERETTE Page 2 store for a month before it was purchased and knows the previous owner did not sell much 32 beer. Mr. Strathman asked can a person store beer in a premises in a cooler if there is not a license to sell it. First of all, stated Ms. Rozek, these licenses aze not transferable, and alcohol cannot be displayed. Mr. Mustafa responded he purchased businesses in Ohio and did not know this. Ms. Rozek stated she has the license application here and asked if he the owner. Mr. Mustafa responded he has the power of attorney from the owner. Ms. Rozek stated it reads on the top of the application that licenses are ttot transferable. She asked were there any sigris that read the beer is not sold or is there a cover over the beer. Mr. Mustafa responded no. Ms. Rozek asked would there be any mistakes made. Mr. Mustafa responded he was there this morning. He and his brother aze the only workers there. What is the plam�ing council looking for, asked Mr. Strathman. Ms. Essig responded the community would like an opportunity to work with the business owner, establish the perimeters related to selling to minors and littering, make sure the owner is following their legal rights and obligations, keeping the store front clean, and keeping away ruckus behavior. Ms. Rozek stated one possibility is to work with the neighborhood and place some conditions on the license. Mr. Mustafa responded he would be glad to. He will also try to keep the storefront clean. He has been rnnn;ng the business since September 28, 1999. Mr. Strathman suggested Ms. Rozek, Ms. Essig, and Mr. Mustafa meet after this meeting and write up conditions that are agreeable to the three of them. Mr. Strathman will recommend those conditions to the City Council. (Everyone said they are willing to do that.) If condifions cannot be agreed upon, then NIr. Strathman will recommend this matter be sent to an Administrative Law Judge. Note: Kanan Mustafa, Carie Essig, and Christine Rozek met after the meeting and agreed upon four conditions. Gerry Strathman recommends approval of the licenses with these conditions which are as follows: 1) There sha11 be no sale or display of 3.2 beer until a license has been issued; 2) The licensed premise and the area in front of the store must be kept free of litter; 3) The licensee shall call the police when excessive loitering is observed by the licensee or his employees; and 4) The licensee or his/her representative will attend a meeting with the commuuity in December 2000 to review the past yeaz of operation and to make recommendations far the future. The meeting was adjourned at 11:17 a.m. rrti Council File # O(� - lOr7 ORIGINAL RESOLUTION CiTY OF SAINT PAUL, MINNESOTA Green Sheet # 101650 �Presented Referred To as Aate W��REAS, the Legisiative Heazing Officet recommends that license application (ID�19990006162) for Malt Off Sale, Cstocery (C), and Cigarette(I'obacco Licenses by Mahubeh Mustafa, dba I7ale Selby Superette, b18 Selby Avenue, be approved with the following conditions: i) There shall be no sale or dispiay of 3.2 beer until a license has been is . 2) The licensed premise and the area in front of the store must be kept of litter. 3) The licensee shall call the police when excessive loitering is observ by the licensee or his employees. 4) The licensee or his/her representative will attend a meeting with e community in December 2000 to review the past yeaz of operation and to make recommendatio or the firture. TI�REFORE, BE IT RESOLVED tUat the Council of the City f Saint Paul hereby approves this license with the recommended con�iirions. . , �) �p�s T�N htGwse� � St�(a�cy �r�,+�� �OHflGtfcu d13.Z �r �,� / / 0 �tL�t�ittiu �� t26f SeQ� Blakey Cole man Harr Ben anav Reiter B o s trom Lantry Adopted by Council: Adoption Certified By: , � /1� � � � / ; , Requested by Department of: By: Form Approved by City Attomey � Approved by Mayor for Submission to Council � Secretary Approved by�iGiayor: Date � po _ l0'1 Council 0£fices Gerry Strathman, 266-8560 2-2-2000 GREEN SHEET M 1 �J 1 �5U February 9, 2000 TOTAL # OF SIGNATURE PAGES � �� rn.eanra. ❑ an�rmwar � anfsn�c ❑ w�wy.aaN:..ea ❑ nwou�onr�ero �YYORPYOINR) � (CUP ALL LOCATIONS FOR SIGNATURE� Approving application with conditions for Malt Off Sale, Grocery (C), and Cigarette/Tobacco Licenses by Mahubeh Mustafa, dba Dale Selby Superette, 618 Selbp Avenue. PUWNMG COMMISSION GB COMMtTTEE CML SERVICE COMMISSION flr ttYS o�ar6m w+r�wrkeQ uiAaa mihKt fortlfs deprtmmd'1 YES 140 1YStlib D�m �ar e�an � eiy �qyeel YES NO , Oos th"s V� G�s�s a Ydl mt mmNypw�w M airy curtart cAY enwbYce9 YES Wb •k11rPr�auhmatirpeletivaKbR � . � YF.S WO l/�Juili•:t p..�p�..�.,F. l�....s-.r FEB��2��0 1oUNT 7F TRFNSJ�CTION i CWTlREVENYE Wb6ET� (C�q� �MBI YFt NO 5�--- °-� 6O ^ � aS SOURCE AC'TIVRY 1AlII�ER /1 � r wFORwnOr+(o�v�NN� � � X.� ��. J�� /�� :� �— � C � � � S a-60'p � / � \ �..�. V t 1 r� _ . _ 1 _ � / � S� � �--� r�.�.� •� ,�,e� c�.�.,'�9�_. �-'F �--� . � P ��.;___ �;,�, �.�,-.1.� 4.�_ � �, a-�.; ,�_..��