Loading...
03-1104.1-/ms�-» �� - �f� . /7 �DD3 RESOLUTION OF SAINT PAUL, MINNESOTA Presented Referred To iy Council File # � ✓� ' � �D� Green Sheet #300�1 to Committee Date WHEREAS, the Legislative Hearing Officer recommends that license application (ID # 20030004160) for�A�t- -9�e, Gas Station, Restaurant 0 to 12 seats, Retail Food Grocery, Cigazette/Tobacco, and Liquid Fuel Dealer Licenses by Holiday Stationstores, dba Holiday Stationstore #341, 1345 Mazshall Avenue, be approved; THEREFORE, BE TT RESOLVED that the Council of the City of Saint Paul hereby approves this license application. Yeas Nays Absent Benanav ;/ Blakey � Bostrom ,/ Coleman ,/ Hartis � Helgen � Lantry � Adopted by Council: Date //p,!. /�/i �/Ip3 Adoption Certified by Council Secretary � Approved � Requested by Department of. � Form Approved by City Attorney � Approved by Mayor for Submission to Council � � Green Sheet Green Sheet o�-�ta� Green Sheet Green Sheet Green Sheet Green Sheet � Depar(mentloffice/council: Dafe Initiated: co -��� 10AEC-03 Green Sheet NO: 3008976 Cordact Person & Phone: Deparhnerrt Serrt To Persort _ InitiaUDate Marda Mcertswnd � o n ci1 2 �� Assign 1 ooncil De artment Di tor Must Be on Council Agenda by (Date): Number 2 k For Routing 3 Order 4 5 Total # of Signature Pages _(Clip AII Locations for SignaWre) � Action Requested: Approving application per the Legislative Heating Officer for Malt Off Sale, Gas Station, Restawant 0 to 12 Seats, Retail Food Grocery, Cigarette/1'obacco, and Liquid Fuel Dealer Licenses by Holiday Stationstores, Inc., dba Holiday Stationstore #341, 1345 Mazshall Avenue. Recommendations: Approve (A) or Reject (R): Personal Service Contracts MustAnswer the Following Questions: Planning Commission - L Has this personffirtn ever worked under a contrad for this depaRment? CIB Commiltee Yes No Civil Service Commission 2. Has this person�rm ever been a city employee? Yes No 3. Does this personl�irtn possess a skili not nortnaity possessed by any - ' current ciry empioyee? " '� ' "' Yes No Explain all yes answers on separate sheet and attach to green shcet � � Initiating Problem, issues, Opportunity (Who, What, When, Where, Why): Advantages If Apprwed: pisadvaMaaes H Approved: Disadvantages If Not Approved: Total Amount of CosURevenue Budgeted: Tmnsaction: Pundinp Source: Activitv Number: Financial Infortnation: (Explain) . a3- i�o� MINUTES OF Tf� LEGISLATIVE HEARING HOLIDAY STATIONSTORE - 1345 Mazshall Avenue Monday, December 1, 2003 Room 330 Courthouse Mazcia Moermond, Legislarive Hearing Officer The hearing was called to order at 10:02 am. STAFF PRESBNT: Kristine Schweinler, Office of License, Inspections, Environmental Protection (LIEP) Mazcia Moermond stated she will be developing a recommendation for the City Council to consider about this license application. This is an informal hearing and there aze only three possible recommendations she can make &om this heariug: 1) grant the license without condifions, 2) grant the license with conditions that the applicant is agreeable to, 3) send this license application to an Administrative Law Judge (AL�. If Ms. Mcermond feels that the license application should be denied or if there are reasonable conditions that she should recommend that aze not agreeable to the applicant, she would recommend to the City Council that this matter is sent to an ALJ, and that is where a public hearing will be held. A report will come back to the City Council, they will hold another public hearing, and then the matter will be determined. Kristine Schweinler reported she is the senior license inspector for Licensing. The application is for Holiday Stationstores, dba Holiday Station #341. The application is for Malt Off Sale, Gas Station, Restaurant, Retail Food Grocery, Cigazette, and Liquid Fuel Dealer Licenses. The application has been approved by Health, Zoning, Fire, and Licensing. Ms. Schweinler recommends approval of the license application. Ms. Moermond stated her License Application Summary has on it that the approval of this application is pending the change in ownership inspection. Ms. Schweinler responded that the Zoning was approved this moming. Environxnental Health does an inspection after the application has been approved. Ms. Schweinler is recommending approval of the license with no conditions. Victor Sacco, Holiday Stationstore, Senior Manager of Real Estate, appeazed and stated they continue to have a great relationship with Saint Paul, which has allowed Holiday to nnprove and invest in Saint Paul. He received a letter from Snelling Hamline Community Council. Holiday has found that neighborhoods that haue an ac6ve role in the community have better property values, and the crime rates are lower. Holiday likes to locate in cifies and communities like this. The main thing is that Holiday feels this is a good spot: tlus is a busy intersection, there are lots of residents in the azea, and the college is across the street. It is a stable neighborhood. The store is lazger than what they aze used to having; they are retrofitting into it. Mr. Sacco thinks the demographics are good, and Holiday is a good service for the area. It is a lawful use, and the zoning is appropriate. Holiday has a good track record in Saint Paul. In sting operations, they have an excellent record. They feel this site is an appropriate use, and it is zoned appropriately. Mr. Sacco talked to Anneliese Detwiler, and she said that they send letters denying this type of use anywhere in the atea, and it does not matter what type of business it is. He does not know if o3-rro� MINUTES OF THE LEGISLAT'IVE HEARING - HOLIDAY STATIONSTORE Page 2 they are referring to hazd liquor sales, 32 beer, convenience stores, but she said they send out these types of letters across the board asking for denial of the use. Mr. Sacco stated it seems azbitrary be�ause Aoliday Stationstores are good corporate citizens. They aze local in the Twin Cities and have over 300 stores. They feel they aze experts in dealing with tobacco issues. They do not have liquor in all of their stores, but they use the same process in selling liquor as they do tobacco products: they swipe the license through the machine, and it pops up the date of birth as to whether or not they can sell tobacco products. They feel they are very professional about this with the negative press out ihere. One of their competitors got shut down in a City, and there is a big legal battle. It is not worth it for Holiday to have any infractions. T'heir employees have trauung. The managers aze responsible for seeing that every employee passes. There aze sting opera6ons the City performs. Also, Holiday has hired outside consultants to do that. They also have internal stings as well. They feel they can handle this license. The following appeared for Snelling Hamline Community Council, 1573 Selby Avenue, Suite 311: David Cornell, Vice President, and Anneliese Detwiler, Executive Director. Mr. Cornell stated he represents the board and they oppose this license with Holiday Station. They have a concern with the high rate of alcohol sales to underage youth in the azea. They haue colleges around the area, a lot of high schools, and a lot of underage drinking problems. There are two liquor stores in the area: one on Snelling and Hague and the other in Midway Shopping Center, which is one of the largest in the City. The community is equipped with high end liquor stores. The previous owners of the Holiday at 1345 Marshall Avenue was Tracy 1 Stop. They were in the neighborhood for 70 years. They were very successful and never sold any beer. The community council does not understand why Holiday feels they need to sell alcohol to be successful in that spot. Three blocks down the street, stated Mr. Comell, is another Holiday Stationstore that just opened. It is locally owned and they also petitioned to the community council to offer alcohol beverages. The Snelling Hamline Community Councal wrote the same letter, and Holiday said they were not going to attempt to sell alcohol. Mr. Cornell went on to say that the Snelling Hamline Community Council has 21 boazd members that represent the community at large, and it unanimously voted no to this request. Holiday is across from a college that is a dry campus. The community council is not arbitrary in their decisions. They take it on a case by case basis. They also have a letter from Minnesota 7oin Together Coalition. Ms. Moermond stated she has a letter dated November 21 from Minnesota Join Together (2720 Highway 10 NE, Moundsview, Minnesota) signed by Sheila Nesbitt, Community Organizer. They indicate they aze opposed to the expansion of alcohol availability in Minnesota; therefore, they are opposed to this license application on the principal that availability leads to an increase in youth accessto alcohol. Ms. Moermond asked have there been any convenience store applicafions for the sale of malt off sale that the Snelling Hamline Community Council has recommended or recommended with conditions. Mr. Cornell and Ms. Dehuiler responded not that they are awaze o£ Mr. Cornell b3-llo�f MINUTES OF Tf� LEGISLATIVE HEP,RING - HOLIDAY STATIONSTORE Page 3 stated SuperAmerica did apply for it; Snelling Hamliue wrote a letter saying they prefer SuperAmerica not to sell it, and they withdrew their license application. Snelling Hamline asked the Holiday Stationstore on Snelling Avenue to not apply for one, and they agreed not to apply for that license. Snelling Hamline could oppose the hours of operation at 1345 Mazshall Avenue, but they did not. T'hey do not understand why Holiday feels the need to sell this. Ms. Moermond asked did Ms. Schweinler have any comments. Ms. Schweinler responded this is a legal form of business, and LIEP's recommendation is still approval. As far as other liquor stores in the azea, stated Mr. Sacco, there is always going to be competition, and they are used to that in the business. Holiday will be a difFerent niche than the high end liquor store in the area. They do not compete. Holiday is applying for a 3.2 beer license. Holiday Starionstore prides itself on being involved in the community. Holiday is locally owned also, said Mr. Sacco. This is a corporate store, but they are local. This is an operational issue where they see a demand, need, and convenience. They have done some changes from Tracy 1 Stop. They aze adding two car wash tunnel bays, as opposed to just the one, to meet the demand they feel is there. They aze getting rid of the oil change business. These are decisions that they make: how to invest their money, who to serve, how to best serve them. Ms. Moermond stated she is normally looking at restrictions to help the business better address the neighbors' needs. She is okay with hying to negofiate some conditions, but she feels that the community council does not care about condi6ons; they are just saying no. Ms. Moermond said that this situation does not merit review by an Administrative Law 7udge. This kind of license has been granted in other neighborhoods. It is a legal business. There is no bad track record with the site or the owner that would make her initiate those kinds of conversarions proactively. She heard they have age identifying equipment. This has been placed as a condition on other licenses. She asked does having that as a condition increase their level of comfort with this. From this explanation, responded Mr. Cornell, it looks like they have to take whatever they can get. Their stance is clear. As for Holiday working with the community, this is not a good start. Mr. Cornell would like to have some type of arraugement. Not only should it be that type of identification, but that does not solve the problem. People have fake identifications. If Holiday does get caught, he asked what happens then. Ms. Schweinler responded there is a penalty struchue. If the City does a compliance check and a business fails, the ordinance addresses that. The fust strike is $500 fine. It stays on their records. If there are fiirther violations, it is a$1,000 fine and a revocation of their liquor license. Also, the City Council can deviate from the matrix. Mr. Cornell stated that is good to hear. Again, they would like it to be stricter. A business could sell $500 worth of beer a night. Ms. Schweinler responded that Holiday, SuperAmerica, and the lazger corporations are not the ones that violate the laws as they have a rigid training session on their own. It is the smaller grocery stores that haue a problems. Mr. Cornell asked has she ever seen the City revoke a license for one strike. Ms. Schweinler responded she has not seen that. MINUTES OF T'f� LEGISLATNE HEARING - HOLIDAY STATIONSTORE o3-i�6�f Page 4 Ms. Moermond stated they seem to be talking about legislative changes in the City code and the state level regarding who is eligible for licenses. Mr. Cornell stated if there is anything that can be done about increasing the penalties, they would be for it. Ms. Moermond asked what happens when someone inadvertently does not check the identification for a minor and how would the district council find out about it. Ms. Schweinler responded the district councils get City Council agendas, and they would learn about it because it goes before the City Council. If it is contested, it would go before an Administrative Law Judge, and the district councils would be notified. Mr. Cornell stated he would like it noted that they are against this license. In the event there is a problem, they want it to be on record that there must be some repercussions more than a$500 fine. If he told the community council that the first offense is $500, they would not like it. He asked what it shows the community at large, when they say no to a license, and the license is still granted. Right now, the community council has gained nothing except the chance to be heard. He would just like the level of penalties to be increased. Ms. Moermond responded she does not deal with penalties at these hearings. Ms. Moermond recommends that the license application is granted. The hearing was adjourned at 10:35 a.m. rrn p.� -ird� � • SNELLING HAMLINE COMMUNITY COUNCIL 1573 SELBY AVENUE, SUITE 31 1• SAINT PAUL, MiNNESOTA 55104 BOARD OF DIRECTORS TR/.ViS SNIOER Pv[S�DEni owvm conneu v�asr v�ce Pvesioeelr owH o•c,www secovo vice-paesieexr Councilmember Jay Benanav 310 City Hall 15 W. Kellogg Blvd. Saint Paul, MN 55102 December 12, 2003 En�n NO�uxu SECRETAPY {J JOE MPYPCVLLEN y\yj� TREPSUVER GEOPGEJVRGExSEN CITIZEN PT LnR¢E COREYANpER50N Application for Malt-Off Sale at 1345 Mazshall Avenue License Number 2003004160 Deaz Councilmember Benanav: � ����17��� ���,� r�� �oMO At the November 6, 2003, meeting of the Snelling Hamline Community Council, the ME��.�=oR�E�� Board of Directors voted to request that the City of Saint Paul deny the license MEa�E �aEE�= application for malt-off sale at the Holiday Stationstore at 1345 Marshall Avenue. On , °"E'°���° „ December 1, representatives from our Council testified at the I.egislative Hearing °°" `"°`"""„ stating our objections to this license. ALERPNDPP MqYO-CVLLEN °"°'° `"°"�°„ Our request for denial is consistent with other malt-off sale applications the Snelling ZnaEU MONiox Hamline Community Council has reviewed in the past. These decisions are based on ftENEE OBRECXT-COMO � , E �� „ � the following: s „,p, E , aE - Concem for increased youih access to alcohol and the safety concems this creates Ka�� aoa,�,„ for both the youth and the neighborhood as a whole - The Holiday Station in �oM Roa��a� question is located next to Higher Ground Academy and Concordia College. �����•� �= - The Snelling Hamline neighborhood has two liquor stores, one on Snelling and Hague and the other in the Midway Shopping Center. These local businesses aze '''''' better equipped to serve the community in this capacity. ""°""` °'°`°°" _ The previous owners of the Tracy One Stop did not feel it was necessary to ANNELIESE DETW�LER maintain a malt-off sale license. For many years, the Tracy family ran a successful business. We expect the Holiday Station will continue that success and will be able to do so without creating a safety concem for azea residents. C� Enclosed aze additional letters objecdng to this license from the Lexington Hamline Community Council and the Minnesota Join Together Coalition. The Snelling Hamline Community Council requests that the City Council consider our concerns and use its discretion to deny the malt-off sale application. WWW.SN ELLHAM.ORG Very truly yours, Travis Snider Boazd President 651-644-1085 SHCCC�SNELLHAM.ORG I �O�n+nM�; • SO���L�.�.�rwd '� .�e.�De. wwwsoWKOnMu+a.«c :� The Lvsingta�- Harr�line Communi�jr Counal D�-iio� The brltlge DeNreen your homC and your nelghborhood. December I, 2003 Marcia Moermond I.egislative Hearing Of'Gcer 310 City Hall IS West Kelloro Tilvd. Saint Paul, MN 55102 RE: Application Sur N;tilt Off Sale �t I345 Marshall Avcnue. Licc�Se Nurnbcr: 200;OQp41 hQ l�ear Ms. Mcermond: As dir�etcd by the Board of Direciors at the Novemher 24, 2003 meeling, the Executive Committee of the Lexington-Hamline Community council votec! to support ehe Sneliing Hamline � Commanity Council's request to deny ihe application ti�r ihe Mal[ Off S�fe license at 1345 Marshail Avenue. Our decision is based on the following: COncordia University, a major si4kehvldcr in our community, is a"dry campus". We are concemed with the proximity of alcohol ��les to the campus. The previous ownen of thc 1'racy One Stc�p u'id noi I'eel it was neccssary �o mainwin a mall ofC Sale liccnse. For many ycars, the "i racy family ran a successful busincss. We expect the d±oliday Station will coi�ti��uc. that succesx in t)te same aadition, • A,Ithough our twU oroanizations do not agree on ihis issue, we look forward to working with Holiday in thc future. The Lexingtcm-H�unline Cammunity wa� fortunate to I�avc thc Tracy family in the neighhorhood for so ntaiiy yca�s ani, we �re equally fortunate to have Holiciay taking over the business. Sincerely, r a� ,r n C.tc�. 9d�,vt�na�� �i1TI1Clfl !11'RlSlfpflc ` � Board Ptcsident �' Cc: Snelling I:amiine Communiry Council Vicror Sacco, Holic3ay St.ition Stores 1221 Marshall Avenue • Saint PaW, MN 55104 • tG: 657/G453207 • fax; 651/645.9578 • staH@Iexham.orR • w�uw.le�cham.orst �� -iio� .� 22 November Zf?l)3 Marcia ?Vluermond Legistative Hearing O�cer 3l0 City Hall 1 S West Kctlo�_ Bivd. St. Paut, MN 55J02 �i: Applicativn for Off-Salc 3.2 liqunr license at 1345 Manhall Avenue. License # 2UU3UU04160 Deaz Ms. Moermond: The Minnesota Join To�eiher Coalition to Reduce Underaoe Drinking (MJ'P) opgosas the expansion of alct�ho] avai)ability in Minnesofa. Therefore, we oppose ihe applicaUOn for a 3.21icense at 1345 Marshall Avcnuc. Research has shown that iocrex,ees in alcoh�l availability tcad to an inerease in youth :ucesx to alcohol. MJT is deeply committect to keeping aicohol out of the hands of kids. We �ue familiar with Q�e efforts of the Sneiling IIunline Community Crnmcil to protect � their nei�hborhood i com the harms thzt cun be caused fi•om illegal and inappropriate use of aicohol. Atiowin� thin xdcohol Iiccnsc in [he Snelting Hamline neighborhood runs cUntrary to theil' efTor�t to �educe youth ace�ss to alcohol anci underage dzinking. . cu�2rs,vcvc aoeMo JamAS Rsmstqd, Chal� JuEd Mow.ry, Vfce Chpir PDi! Bsrtuepk Jvngn Lawrencc CWicn Howa•d EAUe�n John Ne,Sney Stcvc Johnsron Bnnn/e I,eppp Csfhy pd9CkiCwiCz Kev/� M�y 8ob MCleon wently Mcnlron Jodr Rohc Kim Rowe Sam Svanbory Tf you havc any questivns rcaardinC our objutions or our other e£forts to rcduce youth acc:ess to alcohol, please contact me at 763-427-5310. Sincerely, Sheila Nesbitt CommuniYy Orglnizer Cc: Victor Sacco, :�ofiday Sliition Stores