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03-769Council File # � Green Sheet # ..XN � � °� � RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Presented By Refesed To Committee: Date WHEREAS, 7& J, Inc. d/b/a Viaduct, located at 1056 7�' Street in Saint Paul, has requested a waiver of the 45-day notice requirement for issuance of on-sale liquor and Sunday on-sale liquor licenses; and WHEREAS, the Dayton's Bluff Community Council 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 exceptional and unusual hardship to the license applicant; and WHEREAS, the licensee agrees that in the event a wmplaint 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 all 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 aze hereby waived and on-sale liquor and Sunday on-sale liquor licenses aze issued to J& J, Inc. d/b/a Viaduct, located at 1056 7"` Street in Saint Paul, subject to the agreement stated above. Adopted by Council Adoption Certified by Council Secretary Requested by Department of: ♦ o� �� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Deparhnentlotflcefcouncit: Date tnitiated: Lp — LicensrllnspecrianlEnvironProt 14AUG-03 Green Sheet NO: 3004193 Contad Person & Pbone- Deoartrnent Sent To Person Initial/Date �tginia Palmer � 0 icen ns ectioWEnviron Pro 266-87'10 p i icen ns ec[ioo/Euviro Pro De arhnentDirector Must Be on Council Agenda b(Date�: Number Z � 27-AUG-03 � r �,ye���� For ROUting 3 a or's Oflice Ma odAssistant Order 4 oun il 5 i lerk Ciri �erk Total # of Signature Pages _(Clip All Locations for Slgnature) . Action Requested: Waiver of the 45-day notice required for issuance of On-Sale Liquor and Sunday On-Sale licenses to J& J, inc. d/b/a Viaduct, located at 1056 7th Street, in St. Paul. Recommendations: Approve (A) or Reject (R): Personal Service Contrecks Must Mswer the Following Questions: Planning Commission 1. Has this person/firtn ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firtn ever been a city employee? Yes No 3. Does this person/firtn possess a skill not nortnally possessed by any current city employee? Yes No Explain alI yes answers on separate sheet and attach to green sheet Initiating Problem, issues, Opportunity (Who, What, When, Where, Why): Applicant has requested waiver of the 45-day notice requirement, agreed to by the Dayton's BlufF Community Council, in order to avoid the exceprional and unusual hardship that the delay in issuing the licenses would cause the applicant. AdvanWges If Approved: Applicant could ixnmediately begin operations and avoid the hardships caused by the delay caused by the notice requireement. Applicant has agreed to immediately stop operarions if a complaint upon wluch adverse acrion can be taken is received. Q�9^q�s_ acr�- , ^„ ni Disadvantages If Approved: None ���i � 5 2003 Disadvantages If Not Approved: Applicant would suffer unnecessary hazdslrips caused by the delay of the 45-day norice period. TotalAmountof CosURevenue Budgeted: Transaction: Fundinn Source: Activity Number: Financial Information: (Explain)