02-777��lul�f��
Council File # � �. — �� �
Green Sheet # 113743
Presented
Referred To
Committee Date
WHEREAS, the Legislafive Hearing Officer recomxnends that license application (ID # 20020004025) for a
Malt Off Sale License by Jachao K. Thao, DBA Payne Oriental Mazket, 1048 Payne Avenue, be approved;
TIIEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license
application.
Yeas Nays Absent
Blakey � �
Coleman �
Harris -,/�
Benanav �
Reiter �
Bostrom �
Lanhy �
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Requested by Deparnnent of.
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Form Approved by Ciry Attomey
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Adopted by Council: Date .�- ��� O�. Approved by Mayor far Submission to Council
Adoption
By:
Approvec
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RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
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DEPARTMINf/OFFICHCOUNCIL DATE MRIATED
Cit Council Offices June 18, 2002 GREEN SHEET NO 1���(�
COMACT PERSOtJ & PHONE Nmwow InItIalNats
Gerry Strathman, 266-8560
oE.Na�rm�cs,oR anm,sa.
MUST BE ON OOUNCILAGBJDA BY (�AT�
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TOTAL # OF SIC,NATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
CTION RE�UESTEO
Approving application for a Ma1t Off Sale License by Jachao K. Thao, dba Payne Oriental
Market, 1048 Payne Aveaue.
RECOMMENDATION APPfOVe (A) W R2jEC[ (R) PERSONALSERVICE CONiRAC75 MUSTANSWER TNE iOLLOWING QUESiIONS:
7. Has this persoNfirm ererwwked under a oontrad for Mis department?
PLANNINGCOMMISSION YES NO
CIBCOMMITTEE 2. Hasthisce�����atiryemployee9
CNILSERVICECOMMISSION VES I� .
3. Does this persoMrm possess a sla'N not �wimallypossessed by anY curteM city employeeT
YES NO
4. Is Mis persaNfi�m a tarpeted veiMoR
YES NO
F�lain all Yes ar�sviers on seParate sheet arM attad� W Oreen sheet
INITIATING PROBLEM ISSUE, OPPORTUNI7Y (Who, What, When, Where, Why)
ADVAMAGES IF APPROVED
. �S�TC�1 G6�t6t
�����L�
DISADV/1MAGES IF APPROVED
DISADVANTAGES IF NOT APPROVED
707AL AMOUNT OF 7RANSAC710N S COST/REVENUE BUDGETED (CIRCLE ONE) YES NO
FUNDING SOURCE ACTMTY NUMBER
FlNANCIAL INFORMA110N (E%PWf�
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MINi7TES OF TI-IE LEGISLATIVE HEARING
PAYNE ORIENTAL MARKET - 1048 Payne Avenue
Gerry Strathman, Legislative Hearing Officer
Thursday, June 13, 2002
Room 330 Courthouse
The meeting was called to order at 1031 a.m.
STAFF PRESENT: Christine Rozek, LIEP (License, Inspections, Environxnental Protection)
Gerry Strathman stated this meeting is being held to hear objections to the license application for
Payne Oriental Mazket.
Christine Rozek reported this application is for an Off Sale Malt License. It would a11ow the sell
of 3.2 beer in cans and bottles. This is an add on license. The owner has been in this location
since 2000. All requirements haue been met. LIEP needs an insurance certificate. There are no
pending adverse acfions against this business. LIEP recoxnmends approval.
Mr. Strathxnan asked ha�e there been any adverse actions at ail. Ms. Rozek responded not that
she is aware of.
The following appeazed: Robert L. Buttrey, Major, and James Castor, Major, both of The
Salvation Army, 2445 Prior Avenue, Roseville. Mr. Buttrey stated they are concerned about the
sell of liquor so ciose to one of their churches at 1019 Payne Avenue. Across the street from
Payne Oriental Market is the parking lot of the church. The Salvation Army has been in this
location for 80 yeazs.
Mr. Strathman stated Mr. Buttrey may have an objection based on principle, but aze there
specific threats or dangers he can point to. Mr. Buttrey responded they have ongoing programs
that help young people on the street who are vulnerable. The sale of liquor could effect the
conduct of others. This is a neighborhood where there are a number of street walk in people that
they serve everyday for lunch. The neighbarhood has abuse problems.
Mr. Strathman asked is his concern that a close source of intoxicaring beverages might tempt
people who have problems with alcohol abuse. Mr. Castor responded it will also tempt people
going to the programs. They have many young people who are overtaken so easily. Having
alcohol so close is a feaz of his.
Mr. Strathxnan stated the only alcohol beverage is 3.2 beer. There will be no sales of individual
cans and bottles. He asked does the issue still concern them. Mr. Buttrey and Mr. Castor
responded yes.
Mr. Bumey asked about alcohol beverages being sold close to churches. If this was a liquor
license for strong beer, responded Ms. Rozek, then it could not be sold within 300 feet of a
church.
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LEGISLATIVE HEARINCr MINLTTES - PAI'NE ORIENTAL MARKET Page 2
The following appeared: Jachao K. Thao and Maichon Xiong, both of 1048 Payne Avenue. Mr.
Thao stated he is only going to se113.2 beer in cases and not individual bottles.
Mr. Strathman asked is this an important part of the business. Mr. Thao responded yes.
Ms. Xiong stated they do have customers that ask for 3.2 beer, and she thought it would be
convenient to carry it. Payne Oriental Mazket serves a lot of minority people, and it is easier for
them to communicate at this store. The market does not intend to sell to minors. She knows the
concems, but it is part of the business.
Mr. Strathxnan stated this is a difficult situation. He recognizes the important work the Salvation
Army does. He understands their clients are sometnnes fragile; however, his recommendation
has to be based on the law or in the behavior of the applicant. The owners have operated their
business without difficulty in the past. There is nothing to suggest they are not people of
chazacter. They have not operated their business in an inappropriate or illegal fashion. This type
of license is permitted under City ordinances. Mr. Strathman finds no basis for denying the
application. There are many similar businesses in the City. To deny them a license will put
them at a competitive disadvantage.
Gerry Strathman recommends approval of the license application. He suggested Mr. Buttrey and
Mr. Castor talked to a City Councilmember if they would like to pursue this matter fiuther;
however, it is hard to deny the license application when there is no basis for doing so.
The meeting was adjourned at 10:44 a.m.
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