03-498Council File # �3 � � � �
��n sh�t # yoas a�
t9
Presented By
Referred To
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
Committee: Date
WHEREAS, D'Amico & Sons, LLC d/b/a D'Amico's, located at 975 Grand Avenue in
Saint Paul, has requested a waiver of the 45-day notice requirement for issuance of wine and beer
licenses; and
WHEREAS, the Summit Hill Association, District 16, has agreed to the waiver of the
notice requirements; and
WHEREAS, the Council finds that the application is in order and there are no grounds for
denial of the license and that failure to grant the waiver and the consequent delay in approving
the license would cause exceprional and unusual hardship to the license applicant; and
WHEREAS, the licensee agrees that in the event a complaint is received prior to the
expiration of the 45-day period and the complaint provides a basis for adverse action against the
license, that the Office of License, Inspections and Environmental Protection may direct the
licensee to immediately discontinue a11 operations until a public hearing is scheduled, and that
the licensee shall comply with said directive; now, therefore, be it
RESOLVED, that the 45 day notice requirements of §409.06 of the Saint Paul Legislative
Code are hereby waived and wine and strong beer licenses are issued to D'Amico & Sons, d/b/a
D'Amico's, for the premises located at 975 Grand Avenue, subject to the agreement stated
above. J
Adopted by Council:
Adoption Certified by Council
BY:
Appz
By:
Requested by Department of:
Form Approved by City
,��_,...,.a ,... ,._,,,._ r__ �..,._� __. __ �.. ,._..' _ 1
DEPARTMENT(OFRICElCO[SNCIL: DATE INITIATED GREEN SI�EET No.: 40258
Councilmember Coleman 5/20/03 dZ -�'} q�
IN37'JAI✓DATE INITTAI✓DATE
� DEPARI'MEN7' DIIL CITYCOUNCII,
� ASSIGN C�`1yATTORNEY CITYCLERK
� MIJST BE ON COUNCC[. AGENDA BY (DATE) 7�IIlyIgE12 _F7T7ANCL4L SERV DIlL FINANCIAL 5ERV/ACCTG
FOR MAYOA(ORASST.) _CIVII,SERViCECONIMiSSION
ROUTING �ST IEAM (Kershaa')
ORDER
TOTAL # OF SIGNATIJRE YAGES 1(CLIP ALL LQCATiONS FOR SLGNA'fURE)
ACI'ION REQUESTED:
Adopt resolution waiving 45-day notice requirement for issuance of wine and beer licenses to D'Amico & Sons
LLC related to a change in corporate ownership shvcture.,
RECOMMENDAITONS: Approve (A) or Reject (R) PERSONAI. SERVICE CONTILACTS MUST ANSWER THE FOLLOWING
QUESTIONS:
PLANNAIG COMMISSION 1. Has this person�firm ever worked under a contract for tlils depaztrnem?
C1B COMD9'1"I'EE Yes No
CIVII. SERVICH COMMISSION 2. Has this person/5nn ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any current city employee?
Yes No
Explain alI yes answers on separate sheet aud attach to greeu sheet
INITIATING PROBLEM, ISSUE, OPPORTi1NTTY (Who, What, When, Where, Why):
The awnership of D'Amico & Sons at 975 Grand Avenue is being transferred from D'Amico & Sons Inc to
D'Amico & Sons, LLC. New wine and strong beez licenses are required. The Summit Hill Association (District
16) has agreed to the waiver of the customary 45-day waiting period for new licenses.
ADVAN'1'AGES IF APPROVED: '
Service may continue, uninterrupted, upon the transfer of the business from one corporate entity to another.
If, however, a complaint is received during the 45-day period, LIEP may direct the licensee to discontinue all
operations.
. t➢�tC'�' ���°°�
DISADVANTAGESIFAPPROVED: '
��� � �
1Vone
DISADVANTAGES IF NOT APPROVED: ��
A well-established local business may be negatively affected.
TOTALAMOI7NT OF'1'RANSACTION: $ CO5TJREVENUE BUDGETED:
FLINDING SOURCE: AC1"iV11'Y NUMBER:
FINANCIA.L INFORMATION: (EXPLAIlV)
G Wsers�FIOMANS�I30MANSVomuWam�wsgs[.wpd
p
Summit Hill A55oGiatiOn 6122223558 P
i I i i
i � . 03 • 49g �
� • . . • V Y�17 ♦ � . • . , i
Summit
p
,T
:�
,v
i
.�.�.: -.. _._ �--
Mav 76, 2003
�� ;
�3 0 Lowry Professionat Building ' �
`3 0 Sairrt Peter Street ' � ° �
iS4a+nt Paul, Minnesota 55102 ' ' I
; 1=
i�� D'Amico & Sons LLC at 875 Grand Avenue �
� i I;
� Dear Ms. Rozek: � �"
� � � �.� I�
I i; : S
� Ci� behalf of the Summit H,ill Associa6onlDistrict 16 Planning Councii, 1 acn wr�ing to let �!+ �,
I �
I y�ou know that our Zoning and Land Use Committee recommendg a waiver of the 45 day �; �
r�otrfication period for the,application for a new Wine On Sale, Malt On Sale (Strong). ' 1 �
� I�estaurant (B) — more than 12 seats, Sidewalk Caf� license for D'Amico & Sons at 975 . ''
' �rand Avenue. � � i
j � , . t � ,. . :
�
; '. District 16 Pianning ou #`� ��?�'
860 8airrt Olair venu9 � �,
Saint Pau1, Minnesota 55106 � I�
Telephone 651-22 ,�222 � � �
Fax 651-22 -155�i �_
e-maii summit.hillaQi•stpaul mn.us; i;
% ��
i _ ���:
i _ � I�,i:
� ��,
;, ;_i �'
� � j t
5 ' I
'Christine Roxek �
�� ' iL cense Inspection and Environmental Protection ,'�'
, i
� �;,
i
�� �
i
I
I# is our undersfanding that the new I�cense �s prompted by the change in corpora e,
I ownership from D'Amico 5� Sons Inc. to D'Amico E� Sons LLC and that the current "
�� perations of the estabtisF,men{ will not be changed.
e also understand that iF L1EP �eceives any compiaints abo�st the 1+cense a4ter it +s
;, c ranted, they wilt take prompt action to remedy the concerns.
; If you have any qUestions about this recommendaiion, please ccintact me ai the SHA
7691
n
—�
I �'incerely,
� ���.�.,�_
• Ilen Biales
>! �xecutive Directar
,,
i Cc: Virginia Palmer,-CityAttomey
� f Constance White,'Winthrop & Weinstein
� {`
�
15�59
6122221558
95i
f ;; .
�'.
�
i° ;
,. i
�;
,;
,_ .
,
;
i
i- .
�
�
}• ;
�. '
;
P.01
'�..
l
i