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02-659ORIGINAL Presented By Referred To Council File # O�- C Sq Green Sheet # � �_� Committee: Date WHEREAS, Anita S. Keo, d/b/a Seven Bears Liquor applied for an off-sale liquor license for the premises located at 848 White Bear Avenue in Saint Paul; and Wf�REAS, the location required a waiver from the City Council because it was within 300 feet of residentially zoned property; and WHEREAS, the Saint Paul City Council denied the request at its May 22, 2002 meeting and based thereon, a Notice of Intent to Deny License was sent to applicant on 3une b, 2002; and WHEREAS, no response the that Notice of Intent to Deny License has been received; now, therefore be it RESOLVED, that the off-sale liquor license application by Anita S. Keo, d/b/a Seven Bears Liquor for the premises located at 848 Wlute Beaz Avenue in Saint Paul is hereby denied. By: by Mayor; Date � ` ,'s� � By: RESOLUTION - CITY OF SAINT PAUL, MINNESOTA ''3 Adopted by Council: Date ' 0 �� 1 eldoption�, by Counci Se tary Requested by Department of: By: � /""Q° OFFICE OF LIEP Date: xoger Curtis, nirector July 10 zooz GREEN SHEET 266-9013 NO . 4 0 3 3 7 8�' � `S, 1 YARTfSi1T DIRECTOR 4 ITY COIICSCZL ITY ATTORNEY STY CT.*�+z tu�ewi ust be OR COl1RC11 Agenda• � [lI7GET DIRECPOR IN. fr MGP. SVC. DIR. . � uly 24, 2002 (consent) 3 YOR (OR ASSISTANT) AL # OF SIGNATi3RE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: hat the off-sale liquor license application by Anita S. Keo, d/b/a Seven Bears iquor for the premises located at H48 White Bear Avenue be denied. ECOMMEI9DATIONS: APPROVE (A) OR RESECT (R) ERSONAL SERVICS CONPRACTS MUST ANSWER THE POL7QWIN6: PLANPIING COMMISSION CIViL SERVICE 1. Has the person/fixm,evEr woYked under a contxact foY this depaTtment? �— CQMMISSION � YES N� xas this person/fixm ever been a City employee? CZB WMMITTEE BUSINESS REVIEW YES NO COUNCIL 3. Does this person/firm possess a skill not noxmally possessed by any � CunsenC City �tployee? Hoard of Zoning _ DISTRICT COUNCIL YES NO � lain all YES answers on a seyarate aheat end aitacL. Appeals UPPOATS WHICH COUNCZL O&TECTIVE? INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): he location required a waiver from the Saint Paul City Council because it as within 300 feet of a residentially zoned property and the Saint Paul,Cit ouncil denied the request at its May 22, 2002 meeting. A notice of Intent to Deny License was sent to the applicant on June 6, 2002. VANTAGES IF APPROVED: ISADVANTAGES IF APPROVED: ISADVANTAGES IF NOT AFPROVED: OTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED YES N UNDING SOURCE ACTTVITY NUMBER INANCIAL INFORMATION: (EXPLAIN) Ci0UP1C� R�A�PCI1 C;�'�?!G'P ,�� !�, CITY OF SAINT PAUL Randy C. Ke(ly, Mayor July 3, 2002 OFFICE OF THE CITY ATTORNEY Mnnuel J Cen'antes, City At7orney O��5 �y l Civil Division 400CiryHo11 Telephane:651266-87l0 IS West KelloggBlvd. Facsimile: 65I198-5619 Saini Paul, Minnesota 55102 NOTICE OF COi3NCIL MEETING Jeffrey J. Fenske Ritter & Fenske, Ltd. 461 University Avenue Saint Paul, Minnesota 55103 RE: Off-Sale Liquor License Application by Anita S. Keo, d/b{a Seven Bears Liquor for the premises located at 848 White Beaz Avenue in Saint Paul License ID 20020000754 Dear Mr. Fenske: Please take notice that this matter has been set on the Consent Agenda for the Council meeting scheduled for 3:30 p.m., Wednesday, July 24, 2002 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested matter, in that the facts conceming the deniai of the variance request have not been denied. As indicated, this matter has been placed on the consent agenda portion of the City Council meeting, during which no public discussion is allowed. The recommendation of the license office is for a denial of the Off-Sale Liquor License application fine. If you have any questions, please call me at 266-8710. V ery truly yours, l� �,/' L'�UC�� / lti Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Christine Rozek, Deputy Director of LIEP Chuck Repke, Community Organizer, Dist. 2 Community Council, 1961 Sherwood Ave., St. Paul, MN 55119-3230 AA-ADA-EEO Employer UNCONTESTED LICENSE MATTER oa-�59 Licensee Name: Address: Council Date: Issue: Anita S. Keo, d/b/a Seven Bears Liquor 848 White Bear Avenue Wednesday, July 24, 2002 Failed to obtain variance for Off-Sale �iquor license for proposed business location Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmentaf Protection: Deniat of license application Attachments: 1. Proposed resolution 2. Notice of Intent To Deny License 3. 6/6/02 letter from Virginia Palmer to Jeffrey Fenske with attached May 22, 2002 resolution 4. 5/31/02 letter from Jeffrey Fenske to Virginia Palmer 5. License information AA-ADA-EEO Employer OFFICE ^� THE CITY ATTORNEY ManuelJ. �nntu,CiryAttorney oa-cs9 CITY OF SAINT PAUL c�vnD,vrsroR Raxdy C. Kelly, Nlny�or - 400 Ciq• HaU Te[ephone: 651266-8710 lSWestKel/oggBlvd. Facsimi1e:651298-5619 Sairtt Paul, Minnesota SS/01 � June 6, 2002 NOTICE OF INTENT TO DENY LICENSE Jeffrey 7. Fenske Ritter & Fenske, Ltd. 461 University Avenue Saint Paul, Minnesota 55103 RE: Off-Sale Liquor License Application by Anita S. Keo, d/b/a Seven Bears Liquor for the premises located at 848 White Beaz Avenue in Saint Paul License ID 20020000754 Dear Mr. Fenske: The Office of License, Inspections and Environmental Protection has recommended denial of the above-referenced license application by your ciient, Anita S. Keo, d/b/a Seven Bears Liquor. The basis for the recommendation is as follows: The proposed location of the off-sale liquor establishment at 848 White Bear Avenue is within 300 feet of residentially zoned property. Saint Paul Legislative Code §409.06(i) prohibits issuance of such a license unless a variance is obtained from the City Council. On May 22, 2002 the City Council denied the variance request. Accordingly, the license caunot be issued. If you wish to dispute the above facts, you are entitled to an evidentiary hearing before an administrative law judge. If you wish to have such a hearing, please send a letter stating that you are contesting the facts. You will then be sent a"Notice of Hearing" with the date, time and place for the hearing, the name of the administrative law judge, and an explanation of the procedures. AA-ADA-EEO Employer Page 2 Jeffrey J. Fenske June 6, 2002 If you have questions, please feel free to contact me at 266-8710. Sincerely, � � ✓� / � � �,�li��=- �,� ��-'-'L Virginia D. Palmer Assistant City Attomey 0 a--G S9 cc: Christine Rozek, LIEP Chuck Repke, Community Organizer, Dist. 2 Community Council, 1961 Shenvood Ave., St. Paul, MN 55119-3230 AA-ADA-EEO Employer f _ C.s9 STATE OF MII�iNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CL.EMENTS, being first duly sworn, deposes and says that on June 6, 2002, she served the attached NOTICE OF INT'ENT TO DENY LICENSE placing a true and cosect copy thereof in an envelope addressed as follows: Jeffrey J. Fenske Ritter & Fenske, Ltd. 461 University Avenue St. Paul, MN. 55103 (which is the last known address of said person) United States mails at St. Paul, Minnesota. Subscribed and swom to before me this 6th day of June, 2002. Notary Public pETER P. FA� NOTP.2Y PUBllC - PAiNNESOTA ,y,Y :OiAMI`SSION EX�!?r JA�'.31, 2005 OFFICE OF THE CITY ATTORNEY Manuel J. Cervnntes, Ciry qttorney CITY OF SAINT PAUL RnnAy G Kelly, Mayor Civil Divisioa 400 City Hal! IS West Kel/ogg Bfvd Sain[ Prsul,.Lfinnuafa 55l02 p�._`Sq Telepkone: 651 266-8710 Facsimife: 65! 198-56/9 June 6, 20Q2 Jeffrey J. Fenske Ritter & Fenske, Ltd. 461 University Avenue Saint Paul, MN 55103 RE: Off-Sale Liquor License Application by Anita S. Keo, d/b/a Seven Bears Liquor for the premises located at 848 White Bear Avenue in Saint Paui License ID 020000754 Dear Mr. Fenske: I am enclosing a copy of the resolution relating to the request for a variance by Anita S. Keo which the City Councii considered on May 22, 2002. The Resolution which was before the Council was to grant the variance, and the grant the license with the ten listed conditions. However, the City Council unanimously rejected the Resolution. Saint Paui Legislative Code §310.05 provides for the hearing process if the City intends to deny a license application. You will be receiving the Notice of Intent to Deny the License Application next week, but I am providing this resolution in case you wish to determine whether your client has any right to directly appeal the denial of the variance. Please feel free to contact me if you have any questions. Sincerely, �� ' � �� ; �/��.�-�...�� a � c -,.�� Virginia D. Palmer Assistant City Attomey cc: Christine Rozek, Deputy Director of LIEP AA-ADA-EEO Employer -• MF''I-2�—?0�2 15�11 Cit� �f Saint Paul 5�1 265 9574 P.�?i07 CneenSheetfp �3 � RESOLUTION CITY OF SAINT PAUL, MI1V1�'�SOTA Presented By Referred To Committee: Date Da-�S9 3� WHEREAS, Saint Paui Legislative Code §4Q9.06(i) prohihits the issuance of an off-sale 2 liquor license within 300 feet of any residentially zoned properry; and 3 4 WHEREAS, the council may disregard fhis prohibition if it makes findings that such a 5 license is not inconsistent with the healih, safcty, morals and general welfare of the adjoining 6 neighbor or community, if it first receives a vrritten petition signed by seventy-five percent of the 7 owners and tenants of all private residences, dwellings and apar[ment houses located within three S hundred feet of lhe proposed location stating that they have no objection to the location of the 9 off-sale liquor eseablishment; and 10 lI 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 29 3U 31 32 33 3�l 35 3C 37 38 VJHEREAS, Aniea S. Keo, d/b/a Seven Bears Liquor has applied for an off-sale liquor license for the premises located at 84S White Ecaz Avenue, which is within 300 feet of residenfially zoned property; and WHEREAS, a w�ritten pctition signed by seventy-five percent of the owners and tenants of alI private residences, dwellings and aparnnent houses located within three hundred feet of the proposed location stating that they have no objeetion to the location of the of1-sale liquor establislunent has been received by the City Council; now therefore, be it RESOLVBb, that the City Council hezeby finds that the location of an off-sale liquor license at 843 White Bcaz Avenue is not inconsistent with the health, safety, morals and general welfare o£the adjoining neighbor or community, provided that certain conditions are ad ced to and placed upon the license; and be it FURTHER RbSOLVED, that the City Council hereby waives the prohibition contained in Saint Paul Legislafive Code §409.06(i) and authorizes the issuancc of the off-sale liquor license, subjeci to any other legal requirements of the code and subject to the following conditions: I) 2) 3) 4) There will Ue no sales of liquor in half-pint containers. There w•ili be security cameras in a number and location to bc detennined by the licensee's insurance company. The rear door area will have flood li�hting which �vill work on either a motion detector or a timer, to be determined at the licensee's discretion. Tlierc will be no pay phone inside the establishment or outside on the liccnsed premises. 5) Wh:n :VIs. Keo is not in the establishznent there will be a manager who has been identified as sudi and has undergonc a background c'r.Pck, � erificd through thc • t1A`I-23-2��2 15�11 City of 5aint P�ul 551 265 8�74 P.p3i07 _, : • .... 2- 6) All employees will have industry standard training regazding liquor sales. ��' � y 3 7) There will be at least two employees on the premises from 5:00 p.m. untii closing. 4 S) All products sold will have a label which in Somc manner identifies it as sold by 5 Seven Bears, a�( 6 7 9) 10 11 12 13 14 15 16 17 18 19 20 lOj All security bazslgates will be inside the windows or door of the facility and shall Ue as inconspicuous as possible. The licensee wi11 keep the exterior of the builcling litter free and will work with the District 2 Community Council in their efforts to gee a ciry trash receptacle placed on or neaz the premises. Reque3`.ed b7 De�ar:menc of: E! � �'_""_ '_"'.. 05/31/2002 11:56 6512221263 RITTER AND FENSKE PAGE 61 p��S� JEROME A R17TER JEFFREYJ.fENSKE May 31, 2002 RITTER & FENSKE, LTD. ATTORNEYS AT lAW 48t UNNES2S4NAVENUE SAINT PAIJL, MINNESOTA 55103-1936 VIA FACSIMILE (288-5619) Ms. Virginia Palmer Office of the St. Paul City Attorney Re: Anita S. Keo, d/b/a Seven Bears Liquor License Application No. 20020000754 Resolution No. 02-448 Our File No. 4597-5 Dear Ms. Palmer: tss» zn-��oo FAX (851) 222•1263 E-MAIL. flMans(�pfanS.OBf Pleasa be advised that I have been retained by Ms, Keo to represent her in an appeai of the denial by the St. Pau1 City Councif of the off-sale liquor license application that she filed for property locsted at H48 White Bear Avenue, St. Paui. A resolution was before the City Coun- cil for discussion on Wednesday, May 22, 2002. This resolution was unanimously denied notwithstanding the fact that my client obtained the necessary signatures from the neighbors to approve the distance variance and the recommendations of the District 2 Commu�ity Council and City staff to approve the application. As a result of the action of the City Councii, my client has decided to request review of this decision. Please forward any and ail documentation so that { can begin the appeaf process in a timety manner. I appreciffie your assistance. Sincerely, RITTER & FENSRE, LTD. 7 1 �, � Je ey Fenske JJF: {h cc: Anita Keo MRY-31-2002 12�33 6512221263 98i P.01 License Gcoup Comments Text Licensee: pNITA S KEO � SEVEN BEARS LIQUOR License #: 20020000754 OS/29/2002 aa--`S9 03/14l2002 Nofification response date 04/19/2002, notices mailed 03/13/2002; 91M & 38EM.JL OZ/'14/2002 She's moving her liquor store from 7785 E. 7th St (lic# 19990000923) to 848 White Bear Ave. KRD License G[oup Conditions Text Licensee: ANITA S KEO � SEVEN BEARS LIQUOR License #: 20020000754 OS/29/2002 0�, � bJ � 1. There will be no sales of liquor (including fortified wines) in packaging smaller than a pint unless specifically authorized by state law. 2. There will be security cameras (number and location detertnined by licensee's insurance company) 3. The rear door area wifl have flood lighling. 4. There will be no pay phone in or outside the establishment. 5. When Ms Keo is not in the establishment, there will be a"managet' who has gone through the ciTy's background check. 6. All employees will have industry standard training concerning liquor sales. 7. There will be hvo employees on the premises from 5:00 p.m. until closi�g. 8. As practical, licensee will use pricing label that includes the store name, all products sold prechilied (from beer cooler or wine cooler) must have labels with the store name. 9. There will be no security 6ars outside the front windows or door of the facility, any security bars/gates wi{I be inside the building and as inconspicuous as possible. 10. The licensee will keep the euterior of the building litter free and will work with the District 2 Community Council in their efforts to get a city trash receptacle. D �� d �� Q " �� =$ ; ` '�� '- �� ' °' j��f Licensee NITA S KEO �-: -°`= "- :.:Pay ;; :"�PriM �UUem � -;,;Hist : � - §umm`:� DBA EVEN BEARS LIQUOR License � Licensee j Lic. Types , Insurance � Bond , Requirements l �' Property t' Licensee �` Unofficial Praject Facilitator: ASUNCION, CORINNE .,�� 5treet #: 48 Adverse Action Commer�ts Street Name: ITE BEAR Street Type: AVE Direction: I+� Unit Ind: r llnit #: �— City: T PAUL License Group Commerds: Stete: �AN Zip: 55106 3M 4f2�02 Notification response date 04M 9f�002, otices mailed 03113t2�02; 91 M 8 38EM.JL Ward: � � 6 a v,se ` 2M 4t��Q2 She's moving her liquor stare from 1785 E. Dist Council: �2 th St Qic# 19990000923) to 848 White Bear Ave. KRD Licensee: �.NI' DBA: �Ey Sales Tax Id: 52: License Ty'"pe� Original Co rrtainer Ci Liquar Off Sale License # 2000075 w ----- .� . � . _. __,:� ��;...- .-----� �GioupWise=:.:`� � A S IfEO °N BEARS LIQUOF �378 Bus Pho � ��..`� a...._ :,;.��: Licensee Commer�s: J 7 "s's5 �:Effective ��„;rEzpiratwn�;Conditic �'. 04M 320�2 04M 3f2�03 ! N !� 04M 3l2002 04M 3f2�D3 N 04M 3Y2�02 04M 3F2003 N Save Changes to History $317 Propetties ---