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03-584�RIGf�A�. Presented by Referred To Committee Date WFIEREAS, the Legislative Hearing Officer recommends that license application (ID # 0018491) for Malt On Sa1e (Strong) and Wine On Sale Licenses by Megusta Me�can Cuisines, Inc., dba Megusta Mexican Restaurant, 433 Robert Street South, be approved with the following conditions: 1. Per City of Saint Paul Legislative Code 40915(a)(2), on sale wine license shali mean a license authorizing the sale of wine not exceeding fourteen (14) percent alcohol by volume, for consumption on the licensed premises only in conjunction with the sale of food; 2. Per City of Saint Paul Legislarive Code 409.15(d), licensee must be able to show that gross receipts are at least sixty (60) percent attributable to the sale of food; 3. Licensee wiil submit to LIEP, annuai gross receipts far food and liquor with each year the license is renewed; THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application with the aforementioned conditions. Yeas Na s Absent Benanav � Blakey ✓ Bostrom � Coleman � Hattis ✓" Lantry ✓ Reiter S O � Adopted t Adoption By: Approved By: GI�Y���: `" Council File # �3 � Sg � Green Sheet # 200657 MINNESOTA 0 Requested by Department of: � Form Approved by City Attorney By: YIayor for Submission to Council �'� -Cf�y - --� DEPARTMENT/OFFICE/COUNCIL DATEINrtInTED City Council 0£fices June 11, zoos GREEN SHEET No 200657 COMACT PERSON 5 PFiONE InitlaVDak In�a Marcia Moermond, 266-8560 uenun�,ro.earo¢ arvca,r+. MUST BE ON COUNCILAGENDA BY (DATE] ASSIGx NUMBERFOR pfYAiiOR1EY GiYCLfRK ROVi1NC. � f�YNCMLiERNCBiqR ❑AMNCNLiE0.V/ACCT6 ❑ rnroalae�emsrA� ❑ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) CTION RE9UESTED Approving application with conditions for Malt On Sale (Strong) and Wine On Sale Licenses by Megusta Mexican Cuisine, dba Megusta Mexican Restaurant, 433 Robert Street South. RECOMMENDATION Approve (A) or Reject (R) VEItSONAL SERVICE CONTRACfS MUSTANSWER THE FOLLOWIN6 QUESRONS: 1. Has this person/firm erer worked under a coMract tw thie departmenl'! PLANNING CAMMISSION VES NO q8 COMMITTEE 2. Has fhis persorJfirm ever been a ciry employee? CIVIL SERVICE CAMMISSION YES NO 3. Ooes this persoMrtn possess a sidll r� nom�allypossessed by any curteM city empbyee? YES NO 4. Is ihis persorvF�m a tarpetetl venEO(t YES NO F�plain all yes a�vierc on seperete sheet and attach b preen sheet INITIATING PROBLEM ISSUE, OPPORTUNITY (Who, What When, Where, Why) ADVANTAGESIFAPPROVED � DISADVANTAGES IF APPROVED DISADVAMAGES IF NOT APPROVED TOTAL A670UNT OF TRANSACTION S CQST/REVENUE 6UOGEfED (CIRCIE ONE� YES NO FlINDING SOURCE ACTNIiY NUIdBER FlNANCW.INFORMATION (IXPWN) DATE: June 11, 2003 TO: FROM: CITY OF SAINT PAUL OFFICE OF THE CITY COUNCIL INTER-DEPARTMENTAL MEMORANDUM Councilmembers Marcia Moermond, Legislative Hearing Officer '�f QJ� 03 - s�y RE: Hearing Officer Report for 433 Robert Street South, Megusta Mexican Cuisine, dba Megusta Mexican Restaurant, Modesto E. Reyes, President Modesto E. Reyes, owner of Megusta Mexican Restaurant, has applied for Malt On Sale-Strong and Wine On Sale Licenses. The malt license is an upgrade from Malt On Sale (3.2). License, Inspections, and Environmental Protection (LIEP) has recommended three conditions for this license application. These licenses are Class N; therefore, neighbors were notified. I received one letter of objection from Donald Coury, owner of MichaePs Pizza at 441 Robert Street South. Mr. Coury's concern is parking. He writes that the owner of Megusta has a parking lot across the street from the business, but his customers and most of his employees won't park there because Robert Street is busy and they won't walk that far. Instead, Mr. Coury writes, Megdsta's customers and employees park in the lot of Michael's Pizza. Mr. Coury does not want to attend a Legislative Hearing on this matter; therefore, other offices were sought for their advice on this issue. Bazb Benson, Secretary for Councilmember Chris Coleman, says that her office has no problem with this license application being granted. Ms. Benson suggested calling West Side Citizens Organization and Riverview Economic Development Alliance to see if those organizations had any concerns. Racquel Naylor, Secretary, spoke to Rainbow Hirsch from West Side Citizens Organization on June 9, who said she has not heard &om any neighbors or residents who have a problem with this business; therefore, Ms. Hirsch has no problem with the license application being granted. Ms. Naylor also spoke to Doug Copeland from Riverview Economic Development Alliance on June 9, who also has no problem with Megusta getting these licenses. Jeff Hawkins, LIEP, says there is no additional parking requirements due to the change in use. There is also no shared parking agreement nor requirement for parking in the lot of MichaePs Pizza. Given that this business has been in operation at this site for yeazs, I do not think the change in ownership will produce a noticeable impact on traffic or pazking. The business meets pazking requirements established in the Zoning Code. Mr. Coury's concems about traffic and parking must be balanced against the right of the applicant to operate his business. Also, Mr. Coury's concems can be dealt with privately by him doing what is lawfully necessary to make sure only authorized people aze using his parking lot. Given these findings, I would recommend the City Council grant the licence application with the three conditions recommended by LIEP. c: Christine Rozek and Kristine Schweinler, LIEP CITY HALL THIRD FLOOR 15 WEST KELLOGG BOULEVARD SAINT PAUL, MINNESOTA 55102-1615 .�. AA-ADA-EEO Employer