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04-433Council File # 04- y 33 Green Sheet #206426 RESOLUTION OF SAINT PAUL, MINNESOTA �'d Presented by t WHEREAS, the City Council in CF # 04-369 adopted, with modifications, the recommendations of the Legislative 2 Heazing O�cer for the license applications (ID # 20030004740) for Restaurant (B)-more than 12 seats, Liquor on Sale- 3 Sunday, Liquor On Sale-2 AM Closing, Liquor On Sale-0ver 200 Seats (A), Entertainment (A), and Cigarette/Tobacco a licenses by Dine A Mite Restaurant Group LLC, doing business as Bonfire Woodfire Cooking, 850 Grand Avenue; 5 WHEREAS, negotiations facilitated by the Councilmember continued between the neighbors, district council and 6 applicant after the adoption of CF # 04-369 resulting in a set of conditions which better met the needs of the parties � involved; now, therefore, be it 8 RESOLVED that the Council of the City of Saint Paul hereby approves this license application with the following 9 conditions: l0 1. The entertainment Zicense will be issued for six (6) months and be subject to the regular renewal procedures, 11 ihereafter. The office ofLIEP will report any violations of the conditions associated with the entertainment license 12 to the Council at the time of renewal. This condition applies to the entertainment license only. 13 2. Licensee must post notices at all public entrances to the establishment that encourage patrons to park in the ramp 14 on the SW corner of Grand and Victoria. Notices will also advise patrons of the necessity of leaving the premises in 15 an orderly manner and with respect for the surrounding neighborhood. t6 3. Establishment doors must be closed whenever live entertainment is provided, and at 10: 00 p.m. daily. 17 4. All alcoholic beverages must remain inside the licensed premises. 18 S. Licensee will install a camera in the common area that will monitor activity at the front entrance of the licensed 19 premises. Cameras must be recording from S:OOPMto closing every day. Tapes must be kept for a minimum of 20 (seven) 7 days. 21 6. Entertainment must discontinue at 1:30AM. Last call will be at 1:30AM. 22 7. Security must be provided at each entrance when there is entertainment. 23 8. Entertainment is restricted to four (4) nights per week and during holidays. 24 9. Alcohol awareness training must be provided for Bonfire employees annually. 25 10. Glass refuse pickup shall be restricted between the hours of II:OOPMthrough 8:OOAM. Requested by Department of. � Form Approved by City Attorney � Adoption By: Approvec Date By: Ytayor for Submission to Council Adopted by Council: Date ��� r/L�/_� ��T �� b�- µ33 GREEN SHEET NIIYBER PoR R01ffING ORDER TOTAL # OF SIGNATURE PAGES ,.:,�,,, ,,,: �, No 2os42s ��. ��. ❑ CRYATiOR1EY ❑ GIYClE0.K _ ❑ A161KNLEERVICESG9L ❑ AA1�IltJCLfERV/ACCTG ❑MWRIORA49STMl�) ❑ . (CL1P ALL LOCATIONS FOR SIGNATURE) i�a����i�ying CF# p4-369 and approving, with conditions; license applications (ID # 20030004740) for Restaurant (B)-more ihan t2 seau, on Sale-Sunday, Liquor On Sale-2 AM Closing, Liquor On Sale-Over 200 SeaTS (A), Entertainment (A), and Cigarette/Tobacco licenses by Dine Restaurant Group LLC, doing business as BonSre Woodfve Cooking, 850 Grand Avenue. PLANNING CAMMISSION CIB COMMITTEE CIVIL SERV�CE COMMISSION IF APPROVED S SOURCE INFORMATION (EXPWNj Has Mis perso�rtn ever worl�d under a contiac[ br fhis departmeM? rES nro Has ihis P��rm ever been a ciH emPbYee? VES NO Does thrsperso��m possess a skll not nortnallypossessM by airy curteM aty employee? YES NO Is ihis perwMrm a targeted vendoR YES NO COST/REVENUE HUDQETED (CIRCLE ON� ACTNITY NUMBER YES NO 04- �f33 CITY OF SAINT PAUL Randy C. Keily, Mayor OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION Janeen E Rosas, Director WebSiteAtltlress: ww+i.liep.us LOWRYPROFESSlONAL BUlLDING TNeanone (651] 26690.90 Sude 300 Facvmile: (651) 266-9099 35D SL Pefer Sfreet (651) 2669124 SaintPaul, Minnemta 55]02-15f0 I agree to the following conditions being placed on the following license(s): License #: 20030004740 Type of Business: Cigarette/Tobacco Entertainment (A) Liquor On Sale - 2 AM Closing Liquor On Sale - Over 200 seats (A) Liquor On Sale - Sunday Restaurant (B) - more than 12 seats Applied for by: DINE A MITE RESTAURANT GROUP LLC Doing Business As: BONFIRE WOODFIRE COOKING at: 850 GRAND AVE ST PAUL MN 55105 Conditions are as follows: 1. The entertainment license will be issued for six (6) months and be subject to the regular renewal procedures, thereafter. The office of LIEP will report any violations of the conditions associated with the entertainment license to the Councii at the time of renewal. This condition applies to the entertainment license only. 2. Licensee must post notices at all public entrances to the establishment that encourage patrons to park in the ramp on the SW corner of Grand and Victoria. Notices will also advise patrons of the necessity of leaving the premises in an orderly manner and with respect for the surrounding neighborhood. 3. Establishment doors must be closed at 10:OOPM during regular hours of operation and whenever live entertainment is provided in the evenings. 4. All alcoholic beverages must remain inside the licensed premises. 5. Licensee will install a camera in the common area that will monitor activity at the front entrance of the licensed premises. Cameras must be recording from S:OOPM to closing every day. Tapes must be kept for a minimum of (seven) 7 days. 6. Entertainment must discontinue at 1:30AM. Last call will be at 1:30AM. 7. Security must be provided at each entrance when there is entertainment. 8. Entertainment is restricted to four (4) nights per week and during holidays. 9. Alcohol awareness training must be provided for Bonfire employees annually. 10. Glass refuse pickup shall be restricted between the hours of 11:OOPM through S:OOAM. �i/'�c�-/ -��/���2.7���/i�..i� �=fs �1 Licensee / � Date y p� � � � G' �/ �/��,i� L'r ri Oy- N33 MIIJUTES OF THE LEGISLATIVE HEARING BONFIRE WOODFIRE COOKING - 850 Grand Avenue Monday, Febniary 9, 2004 Room 330 Courthouse Mazcia Moermond, legislative Hearing STAFF PRESENT: JeffHawkins, License, Inspections, Environmental Protection (LIEP) The hearing was called to order at 10:02 a.m. Mazcia Moermond explained that this was an informal hearing to come up with a recommendation to the City Council. It is a complicated process now that a hearing is triggered. There are three possible recommendations she can make to the City Council: 1) approve without conditions, 2) approve with conditions that must be agreed upon by the applicant, and 3) recommend sending this matter to an Administrative Law Judge (AL�. She would use 3 if the applicant did not agree with conditions that Ms. Moermond feels aze appropriate. The City Council will make the final decision on this matter. If this is sent to an ALJ, it may take four to five months. Jeff Hawkins reported this license is Dine A Mite Restaurant Group LLC, doing business as Bonfire Woodfire Cooking at 850 Grand Avenue. The license application is for Liquar on Sale over 200 Seats, Liquor on Sale Sunday, Liquor on Sale 2:00 a.m. closing, Restaurant (B) Over 12 Seats, and Cigazette Tobacco. The applicant is a merger group from the former Ciatti's with a new group to make this new Bonfire Woodfire Cooking Restaurant. LIEP l�as no recommended conditions on the license at this fime. Ms. Moermond was inforxned that this address is operating under a management agreement with Ciatti's. The following appeared: Phillip Danford and Michael Gehlen, co-owners. Mr. Danford stated he is the original founder of Ciatti's. A friend of his owned the Bonfire Woodfire concept. They joined together and changed it to this restaurant. Ms. Moermond asked what would be different from Ciatti's. Mr. Danford responded the whole cuisine is different. It is the same space as faz as squaze footage. The seating is the same. New bathrooms have been put in. There is a11 new equipment, heating, air conditioning, and everything is upgraded. The bar seating is the same. Ciatti's bar was just cocktails and bar seating only. The number of seats in the baz itself were less. The smoking is down there instead of a separate area. Mr. Gehlen added that they moved the bar to the front of the building. Mr. Danford continued and said they ha�e increased the dining seats as opposed to the baz seats. He is there everyday of the restaurant. Saturday night, there was a couple that lived on Goodrich O�l - N33 LEGISLATIVE HEARING MINiJTES, BONFIRE WOODFIRE COOKING, 2-9-2004 Page 2 that came in, pazents and three kids. The comment was that it was a good friendly place and also adult oriented. They make everything fresh, including desserts. Their sales are more food than liquor. They aze a restaurant first. Ms. Moermond stated she received three letters. One is from Val and Dick Cohn. (Ms. Moermond read their letter.) Val and Dick Cohn, 729 Lincoln Avenue, appeared. Ms. Cohn stated this may have been curtailed to some extent, but there were obscene and wlgar entertainxnent that was inappropriate for the neighborhood. A couple of times that they were in there, she felt the need to say something. It is inappropriate for Cnand Avenue because there aze residential streets neazby. Ms. Moermond asked what kind of entertainment there is. Mr. Cohn responded it is unfair to describe the restaurant as the same as Ciatti's. The Cohns ate at Ciatti's once a week for many years. There are twin pianos that aze vulgaz performers. They sing dirry songs. The last time the Cohns were there, the establishment brought people on stage, had them spread eagle, ask them if they are wearing bikini or thong underwear. After a point, Mr. Cohn could not watch it. He goes to a lot of nightclubs and likes live entertainment. He was excited when he heazd this place was going to be there. It is definitely not family friendly. It is smoky, even in the hallway in front of the place. It became a problem in Cafe Latte. The bathroom was a mess. When he went to the manager, they said they and Cafe Latte were responsible. When the Cohns said they were a guest at Cafe Latte, they were told to ask Cafe Latte to cleaned it. There is a button in the bathroom that a person can press; the Cohns did press that button, and someone cleaned it. The entertainment is drawing a single meat rack crowd. It is not a family oriented restaurant. He has heard the food has a way to go yet. At 2:00 a.m., drunks aze urinating in his back yazd and screaming at other people, said Mr. Cohn. It is not just this bar that is a problem, but other bars as weil. Mrs. Cohn stated that the summer will be interesting. Two hundred people will be exiting out of three restaurants now. She would consider it more a baz. Maybe during the day it is a nice place to have lunch. Mr. Cohn stated he mentioned to the manager about the entertainment, and he stopped what was going on. Ms. Moermond stated she also has a letter from Martha Lufkin, 834 Surnmit Avenue #3, who mentioned there was a private party held there, it got smoky in the Cafe Latte area, and the problems at bar time. A letter was received from Jim Harrison, Suuunit Hill Association, 860 Saint Clair Avenue, which endorses the issuance of this license if there are conditions about parking. 04- y33 LEGISLATIVE HEARING MINUTES, BONF'IRE WOODFII2E COOKING, 2-9-2004 Page 3 Jim Harrison, Sumtuit Hiil Association, appeazed and stated they had a meeting with two other principals in ttris venture, who presented themselves as owners of the restaurant. They had an eamest discussion about the late night bar. Because the bar was moved out of the back and into the front, it looked like a baz and not a restaurant. Escaping smoke from the facility bothering patrons of the restaurant were discussed. They did a thorough job of notifying neighbors. They had a meeting January 20. No neighbors registered objections to the issuance of the license. One neighbor came to the meeting and had no comments. The pazking was a concem, and they agreed with the applicant to post parking requirements detecring residential pazking on the nearby residential streets and acknowledge that the residents should be respected. That would be a condition they would like to see. The committee voted four in favor and one against for approving the issuance of the license with the parking reshiction. It is a residential street and a business thoroughfaze and surrounded by hundreds of residents on either side. The association went to extreme lengths beyond their regular notification circumference to make sure the neighbors knew of their meeting. Their meeting was three weeks ago. He does not know if something has been changed in entertainment. The license allows them to be open unti12:00 a.m. Based on fiuflier information, they can always reconsider their vote. Ms. Moermond asked what licenses aze being applied for and in possession of this establishznent. Mr. Hawkins responded the same licenses they are in possession of right now and working under a management agreement. They have not applied for an Entertainment A License. For a dance floor, that would be Entertainment B. Mr. Danford responded he does not have a dance floor, but they have someone playing a piano on Saturdays. Ms. Moermond added that if they have adult themes in the entertainment, then they need an adult entertainment license. Mr. Danford responded their entertainment consists of people singing and piano playing. He remembers seeing the Cohns there the other night, and they can verify that there was nothing going on that night other than singing. Mr. Cohn responded that was the night someone asked if there were virgins in the audience. Mr. Gehien responded that it is not his intention to have that type of entertainment. Ms. Moermond asked about the expiration date for Ciatti's. Mr. Danford responded May 2004. Ms. Moermond stated there would be a 45 day notice on the entertainment license and it will require neighborhood notification and trigger another heazing like this one. These license can be sent through or she can lay all of them over. It would be her preference to have them go to the Council together. She asked how much of a layover there would be. Mr. Hawkins responded two months and two weeks. Ms. Moermond responded it would be the week of Apri126. The district council will get a letter. She asked when the management agreement expires. (Someone answered May 31.) Mr. Danford stated he has been on Grand Avenue for 20 yeazs. He has not had any problems with authority in any of his establishments. He has a his history of taking responsibility seriously and making things go right. His history backs that up. Ms. Moermond responded she has not oy -�f33 LEGISLATIVE HEARING MIN[JTES, BONFIRE WOODFIRE COOKING, 2-9-2004 Page 4 heard anytl�ing bad about this applicant. It would be above boazd and neighborly to apply for the entertainment license and get that taken care of. If there aze legal problems, he can call LIEP or Ms. Moermond to see if things can be worked out unfil a hearing can be conducted. She would like to deal with all the licenses together. Mr. Danford stated he knows what the pazking situation is. The landlord next door and he all worked together as a group to get that building approved with the extra pazking. They have also reduced the price of that pazking. They have always had a lot of complaints. They are diligent to make sure the employees are pazked in the right place. The residential and the commercial have to be friendly. In general, it works good. Ms. Moermond stated she will lay this over to another legislative hearing. In the meantime, she would encourage the owners to go ahead with the notification about the parking. The hearing was adjourned at 1035 p.m. rrn The hearing regarding the entertainment license application is on March 15, 2004, 10:00 a.m. o�- y33 �� . � .. �.�� : • .� i. � • • . i: _ • • i : � .._ v� • .0 Monday, March 15, 2004 Room 330 City Ha1UCourthouse Mazcia Moermond, Legislative Hearing Officer The hearing was called to order at 10:09 a.m. STAFF PRESENT: Jeff Hawkins, License, Inspections, Environmental Protecfion (LIEP); Christine Rozek, LIEP Marcia Moermond explained that this is the second legislative hearing conducted for Bonfire Woodfire Cooldng. This is an application for Liquor On Sa1e-Over 200 Seats, Liquor on Sa1e- Sunday, Liquor on Sale-2 a.m. Closing, Restaurant (B)-more than 12 seats, Cigarette/Tobacco, and now we are looking at an Entertainment (A) License. When someone objects to the issuance of a license and it is a Class N license, which requires norification, it triggers this legislative hearing process. A hearing was conducted on February 9 for all of the licenses except for the entertainxnent. The hearing process today is for the entertainment license. It is Ms. Moermond's preference to lay over all of the licenses until today so that the City Council would get all the licenses at once. Today, she is only asking for testimony on the entertainment license, as she has already heard testimony on the other licenses. She can make recommendations to issue licenses without conditions, issue the licenses with conditions that need to be agreed to by the applicant, or recommend that the license application be sent to an Administrative Law Judge (ALJ). If Ms. Moermond feels the licenses should not be issued or if the applicant will not agree to conditions that Ms. Moermond feels are reasonable and appropriate, then she will recommend sending this to an ALJ. If it goes to an ALJ, there will be a public heazing in that process and there will be a public hearing when the recommendations come back to the City Council. Otherwise, the City Council usually acts on license applications without discussion. Her understanding is that Bonfire Woodfire is working under a management agreement through May, said Ms. Moermond. She would like to come up with a recommendation at the end of today's hearing; however, she was still receiving letters just before the hearing this morning. Christine Rozek reported tt�at this is an Entertainment A License by Dine A Mite Restaurant Group, LLC, doing business as Bonfire Woodfire Grill, 850 Grand Avenue. The Ciass A Entertainment License permits amplified or non amplified music and/or singing by performers without limitation as to nuxnber and group singing participated in by patrons of the establishxnent. LIEP is not recommending condi6ons on any of the licenses. Right after the last hearing on February 9, the owner applied for an entertainment license. The following appeared: Phil Danford, partner; John Apitz, attorney. Mr. Danford stated they would like to have at least two piano players piaying at night from 1030 until about 130 closing time. It will be an asset to the business and encourage people to stay and have dinner. It is an opportunity to give a different highlight of entertainment on Grand Avenue. It is not a nightclub. They do not have a cover charge. They would also like a piano player to play Saturday and D� s<- LEGISLATIVE HEARING MINiJTES OF MARCH 15, 2004 Page 2 Sunday during lunch, especially during the holiday time. There is no dancing. It is just two piano players playing and singing music from the 1970's and 1980's. Ms. Moermond asked about hours. Mr. Danford responded weekend hours basically Thursday, Friday, and Saturday. On Thursday, they serve dinner until 10:00, and would start the entertainment at that time: They like to have music when dinner is over. On the weekends, they serve dinner until 11:00, and they would like to start the piano playing at 1030. Ms. Moermond asked about entertainment at other times. Mr. Danford responded he has to be cazeful about what he says because they may want to offer entertainment on special occasions. At this point, they have never played more than three nights. Ms. Moermond asked about amplification of the insmxments. She is assuming they are amplified. Mr. Danford responded yes. They want people to be able to enjoy the music, but also be able to heaz and enjoy a conversation. Ms. Moermond responded most places amplify their music. Pure amplification, in itself, is not a problem. Mr. Danford stated he is aware of their neighbor Cafe Latte. They both want their businesses to grow. Bonfire closes their doors at night when they play music. When Ciatti's was built, there were openings above the ceiling. When they built this restaurant, they built it with the intention of enclosing ali the walls, so the noise would be self-contained within that unit. Ms. Moermond stated she will first heaz from those in opposition to the entertainment license. The following appeazed from the Summit Hill Association, 860 St Clair Avenue: Mary Clatt Smith and Jim Harrison. Mr. Harrison stated the association issued a letter to the Legislative Hearing Officer on Mazch 12 with attachments. They received some e-mails and copies of these were provided to the secretary this morning. Mr. Harrison was here at the February 9 meeting. They were surprised that there were objections to the liquor licenses. The issue that came up at that meeting is germane to the issue of today, which is the entertaimnent that some neighbors found objectionable. This triggered a process that led them to conclude that tlus license should not be issued. This includes the neighbors across the hall, Cafe Latte. The meeting in January brought forth no neighborhood complaints about the restaurant application. They observed that after 10:00 p.m. the entertainment started and it was more than just playing pianos. It turned a lot of people off. Also, they heard an issue about cigazette smoke that generates from the bar. Ciatti's had the baz in the back. The association has had experiences with other combined bar/restaurant operations on Grand that have not been the best. They have had meetings with the police and operators. These other restaurant that are essentially a bar. Ms. Moerxnond interjected at this point and said she has heard about Billy's On Grand and the Wild Onion. The City can hold those businesses responsible for actions of their businesses, but the City cannot hold this applicant accountable for behavior in other establishments. Mr. Harrison responded this came up at their Zoning and Land Use Meeting. The uncertainty of what O� y,� LEGISLATIVE HEARING MINiJTES OF MARCH 15, 2004 Page 3 is coming and what has happened inside and outside the building aze disturbing. The committee came to 6 to nothing vote that this application should be denied. They recommended that the Boazd ratify the acrions of the committee. There were 26 neighbors and members of Bonfire there. Ms. Smith stated they took testimony from some of the residents, Cafe Latte representatives, and Bonfire's representatives. The board unanimously approved the motion to deny the entertainment license. People expressed support of Bonfire as a restaurant. Some of the people at the meeting had been there, enjoyed it, and liked the way it was run, but the Bonfire ahnosphere changes after the restaurant closes. The design of the restaurant in eazly stages was an indicator of the tone the restaurant would take: It advertises the business as the bar being prominent. The dueling pianos could take many forms. The piano players were quite loud, there were sing alongs, and the participation of the audience makes a loud result. This has been a problem for other tenants in the building. It is very popular, so it is hard for them to keep the door closed. It is also hard far them to contain their customers inside the place. Some customers have drinks in hand in the hallway and out into the street. The establishment designed itself to attract a crowd that is loud, drinks a lot, enjoys their time there, and ends up causing problems for the other people in the building and the neighbors. It is much more than anyone expected when they heazd the initial reports of what Bonfire intended to be. She understands they say they are not a nightclub, but they ue loud and crowded, and somewhat rowdy. In the prior testimony, they said they have to keep a happy medium, but admits they have the entertainment after the dinner because the diners cannot talk. Mr. Harrison stated Bonfire did post a notice in the restaurant about parking restrictions as requested by Ms. Moermond at the previous legislative hearing. Bryce Quinn, son of the owners of Cafe Latte, appeazed and stated the owners could not be here. Instead, he has a letter from them dated Mazch 1 l, 2004. Ms. Moermond responded she has letters from the Quinns dated Mazch 2 and 8. (Mr. Quinn read the March ll letter into the record.) After reading his parents letter, Mr. Quinn said that he went to Cafe Latte at midnight on Saturday. At 2:15 a.m. a fight began in the front entryway. The police were called, but the fight had broken up by the time the police got there. A male was slammed into Cafe Latte's window three times. Bonfire's doors were open and the music was very loud. The doors were shut at 1:30 a.m. Ms. Moermond asked the hours for Cafe Latte. Mr. Quinn responded until midnight on Friday and Saturday nights; Sunday, Monday, Tuesday, until 10:00 a.m.; Wednesday and Thursday until 11:00 p.m. Ms. Rozek asked about the loud music this weekend. Mr. Quinn responded it came from the sound system. They haven't had the dueling pianos for he doesn't know how long. o�• �.3.3 LEGISLATIVE HEARING MINLTTES OF MARCH 15, 2004 Page 4 Ms. Moermond stated it is her understanding that there have been temporary entertainxnent licenses issued since the hearing on February 9. Ms. Rozek responded she just wanted to make sure it was not dueling pianos. Bill Tilton, 936 Lincoln Avenue, appeazed and stated he has spent almost all of his 56 yeazs within a mile and now he is within a block. He has respect for the Suimnit Hill Association, he is a member, and he has respect for the Quinns; however, he thinks it is a breath of fresh air that Bo�re is in the neighborhood. Parking was bad before and pazking is bad now. He likes that there is entertainment he can walk to. He is here with pernussion to speak for his ex-wife at 904 Lincoln and Rick Caplan that lives in the 900 block of Lincoln. Mr. Tilton has taken out of town guests there for dinner. This was the sleepiest corner for ages. He wishes it was a nightclub. Lucy Johnson, 845 Lincoln Avenue, appeared and stated her backyard is behind the restaurant. She has seven children and is a block club leader. Their neighbors have old houses that have no air conditioning. Bottles are left on their front yard and urinaUon occurs. There is parking behind their house now. She has told people they cannot park there, and she has had no response. People continue to park there. This has indicated a less than favorable reception. This is a residential neighborhood and not the Mall of America. She likes Bonfire Woodfire. She has attended a birthday pariy there. She has not heard the entertainment. She works with young people from Stilh ater, and they think she is crazy because it is the happening place, but she tells them that 's is er neighborhood. With young kids, she is very concerned. Paula Winsor, 2101 James Avenue, business manager for Cafe Latte, appeared and stated she has been with Peter Quinn since 1981. She would think that Bonfire would try to show they are responsible. She got a call from her manager that people were in the hallway with beer bottles and also in Cafe Latte's line. The police were called. It shows that Bonfire is not responsible. Lorna Monahan, 1817 46�' Street, Inver Grove Heights, appeared and stated she is one of the managers of Cafe Latte and was refreshed when the new restaurant came in next door. There were a lot of improvements in the mall. The clientele they pulled in were the same as the other two bars on the street. Cafe Latte's clientele aze from the theatre, schools, other organizational meetings in the neighborhood. Their primary volume after 10:00 p.m. is cake and coffee. She does not laiow anyone that goes to have cake and coffee and listen to kazoake or dueling pianos. Also, Bonfire does not close their doors. Elizabeth Kranz, 1616 Covington Lane, Eagan, appeared and stated she is a daily customer of Cafe Latte. She was excited about Bonfire because their food is different. At first when there was dueling pianos, the halls were full of druvken people who went in the hall to talk. The halls have smoking and drinking as an extension of the bar. People go into the bathroom with their drinks. She has observed people passed out in the bathroom. During the dueling piano time, a woman came out of the back door of Bo�re and fell on the floor. Ms. Kranz witnessed it. She told the manager it was a medical. The manager went to check on her in the bathroom. Later, this person was propped against the wall with another drink. Now that the dueling pianos has 0�. �Y33 LEGISLATIVE HEARING MINUTES OF MARCH 15, 2004 Page 5 been suspended, there is still drinkiug in the haliway. Saturday, Mazch 13, there was a fight in the hallway. They were cleazly overserved. They were blocking the entryway so that Cafe Latte's customers could not get in or not. During the suspension of the dueling pianos, the behavior has not improved. Melissa Gallup, 7664 Hinton Avenue South, #10, Cottage Grove, appeazed and stated she has worked at Cafe Latte for five years. Friday evenings she has started work earlier. Prior to December, there were never any problems. There aze several walls between Bonfire and the bakery, but she can listen to Bonfire's music in the bakery. She has been hazassed in the hallways. There are lots of dnu�ken people in the hallways starting at 11:00 p.m. There has been vomit by the doorway. There have been fights. People have been thrown into Cafe Latte's gates. Dan Dobson, 801 Goodrich Avenue, appeazed and stated he lives two blocks from this restaurant. He is a member of the Summit Hill Association. The owners came before the association January 20 and made assurances that this bar/restaurant would not become a problem. They said they would train their people in liquor, prevent people from leaving with liquor, always have an off duty police officer present, and always have security. Mr. Dobson was surprised when people started complaining. He visited the other Bonfire Woodfire restaurants a week ago. He went to the one in Eagan, which is a free standing restaurant. There was loud music, adequate pazking, and the nearest home was across the road. In Woodbury, there were late night drink specials, even though the owner said they wouldn't do that. It was a free standing parking lot with no residents in site. He didn't think it would be too bad if they turned the music down on Grand Avenue. When he arrived on Mazch 7, there were 200 to 250 people around the bar, the doors were open, the music was loud. Trash was piled up in the front entrance. He called LIEP and spoke with the Chief Operating Officer Kristine Schweinler on Wednesday. Mr. Dobson asked about the loud music and Ms. Schweinler told him that if it is too loud, it is a violation of the noise ordinance, which is enforced by the police. Mr. Dobson said that he had turned in correspondence to the receptionist last Friday. Ms. Moermond responded that she did not have this conespondence. Mr. Dobson continued to say that he recorded something at 11:30 pm. at Victoria Crossing. He noted two liquor law violations of people carrying liquor into the common areas. Bonfire's tried to solve the problem by assaulting him and then calling the police. Ms. Moerxnond responded that police records indicate there was a police report but there was no documentation of any assault. (A videotape was shown.) Mr. Dobson stated the evidence clearly shows the owners cannot maintain what goes on in their premises. The Suminit Hill Association also made two additional recommendations: lunit liquor sales, all sound systems shut off at 11:00 p.m. He would recommend that Bonfire be granted a O� .y.�,� LEGISLATIVE HEARING MINiJTES OF MARCH 15, 2004 Page 6 beer and wine license. ff they can show they can handle beer and wine, then they should be pernritted to get a liquor license. (Note: Racquel Naylor left the meeting and found Mr. Dobson's correspondence.) Bill Foussard, 1060 Prior Avenue South, appeazed and stated the entertainment is great. A lot of his friends stop there and hear the music. (No one else wished to speak in opposition to the license.) Tom Campion, 446 Marie, West Saint Paul, appeared and stated he is one of the owners. It appeazs that with a reasonable cooperation, as noted in the video, when the doors were closed, silence was there. Everybody has mentioned Peter Quinn and Cafe Latte. There needs to be a reasonable agreement between the two with better supervision in the hallway. It seems Cafe Latte does not like competition across the street. As for the neighbors, Mr. Campion once lived in an area that was commercial. A person knows that when they go there. When a person lives one block away from Grand, it should be no surprise that there aze restaurants, retailers, parking issues, etc. Cazl Robinette, 265 East Street, Mendota, appeared and stated Axel's started out as a restaurant in Mendota. Axel's and Bonfue Woodfire are the same. At one time, there was a piano bar at Axel's. They did a lot for the City of Mendota. Tom Nilson, 756 Tuscarora, appeazed and stated he grew up in Saint Paul, worked at Ciatti's 11 yeazs. He has also worked at another restawant they own: Green Mill. He loves Grand Avenue, and has seen a lot of things take place. He is not trying to say anything against Cafe Latte, but hopefully everyone will be able to work together. Todd Brewster, 343 Bluff Road, appeared and stated all restaurants have amplified music. A restaurant cannot distribute a music system without amplified music. They have ten restaurants. All servers go to alcohol awazeness training. They can provide that information to show they are in compliance. They are in several family communities. They can have a piano bar in their other azeas, but not in Saint Paul. As far as doors, Bonfire has doors, but the other restaurants in the hallway do not haue doors. That may be something that could be implemented. It is a populaz restaurant and high voluxne. If it is popular, it is well run and there is great food. Having ten restaurants, they know what they do. Tom Hurley, 387 Arlington Avenue East, appeared and stated he recently bought the building next to Bonfire at 844 Grand. They own a lot of properties in Saint Paul. They were drawn to this location because of the opportunities it provides. The City is not interested in growing that area, then they should deny this. If the City wants to draw businesses, they need to provide diversity. Cafe Latte is great and so is Bonfire's as well as all the other restaurants along Grand Avenue. It should be worked out. p'�/_ �,/.33 LEGISLATIVE HEARiNG MINUTES OF MARCH 15, 2004 Page 7 Leah Shakestad, appeazed and stated she is a manager at Bonfire on Grand Avenue. The entertainment is new. They try hard to make sure they please everyone around them. Their biggest concern is the community because if you don't have community, then you don't have business. They haue the younger and older crowd. She agrees that the older crowd may not be into their late night, but their late night is tasteful, different, and fun. They aze trained quite well as managers. The manager have something called MALT: music, attitude, lighting, and temperatute. They aze always adjusting the volume on the music: if things calm down a bit, they turn the volume down, and if things jump up a bit, then they turned the volume up. The entertainment draws a crowd after Billy's and the Wild Onion. There is a mad rush. That is when there is a last ca11. If they get to the baz, they have maybe one drink. Security is at the back and front doors. They do not allow people to leave the back of the restaurant with liquor. She saw a Budweiser 40 in the street, but they don't sell that. One of the piano players is a 19 year old genius and people come from all over to see him. Jeanne Campe, 446 W. Maria Avenue, West Saint Paul, appeazed and stated she is an older patron of Bonfire's. She is not rowdy nor young. She has maybe one or two drinks. She has brought her 50 year old girlfriends, 50 year old husband, and her children. She has stayed past 2:00. She was there New Yeazs Eve. She carried on conversations while the piano was playing. She has never been in Bonfire's on Grand when the music has been too loud. The smoke has never bothered me. She enjoys the restaurant, as it is a breath of fresh air. She lives in the suburbs, but wherever you live, if you leave your windows open at 2:00 a.m. you should be concerned about what will happen. Kirk Van Blaircom, 432 S. Wabasha Street, appeared and stated he worked with the proprietors of �el's. He feels they are the most gracious and kind people he has ever conducted business with. He did not heaz the loud music on the videotape. Cafe Latte owners are customers of his. The latest he has been at Bonfire's is 930, but the door has always been closed. He has worked with the Summit Hill Association for the past 18 months on some other things. There seems to be a lot of accusations that are unsubstantiated. The Summit Hill Association has accused his client of not having a sign that was conforming. There are enoneous claims coming from the group. Mr. Van Blaircom continued and said he hopes Bonfire is allowed to have entertainment there. He used to be a resident, but he and his wife left because they were hoping for more entertainment styled azound what Bonfire is doing. Chris Fletcher, 1130 Jessa.mine Avenue, appeared and stated he manages the Eagan Bonfire location. They kicked off their piano baz on Friday. He has seen piano bazs at the Grand location. The community already welcomes it. The Eagan location is very community oriented. The piano was tastefully done. He thought this hearing today was about the entertainxnent license, but the majority sounds like it is about alcohol consumption. The Bonfire patrons aze getting a bad rap. If consumption of alwhol makes a person a worse citizen than someone eating cake and coffee, then he would like to add that he served carrot cake, two coffees, and skim milk O�/ y's.3 LEGISLA'I'IVE HEARING MINUTES OF MARCH 15, 2004 Page 8 the other night during the piano playing. Someone mentioned the focal point is the baz. Kincaid's has a fabulous baz, but no one would say they aze trying to be a nightclub. If the problem is the bathrooms, then that should be where the problem is addressed. It seems that the efforts aze made when he is there to make sure that alcohol stays inside. His parents do not get out much, but he recommended that they go there. Chad Bruestle, 355 East Street, Mendota, appeazed and stated he has bartended in Saint Paul for 15 years. He has received feedback and people have enjoyed the piano playing. Pat Mancini, 531 Seventh Street East, appeazed and stated his family has run a restaurant in Saint Paul for many years. He is here to speak to Linda and Charlie, the management team at Bonfire's. He has known them for a long time. He has seen them turn azound restaurants in positive ways. They have employed many people, they train, and they have a great management team. They are community oriented. They have done'things in t�el's that have brought the community together; however, he understands the concerns of Cafe Latte. He too would have concerns if something moved next to his restaurant. He urges Cafe Latte to get to know Linda and Charles. This all could be worked out. Tonya Swanson, 5237 Florida Avenue North, Crystal, appeared and stated she is a manager with Axel's Bonfire in Woodbury. She has been with the company since they opened about 8 years ago. She gets ca11s everyday asking about the Grand Avenue location. She has heard positive feedback about the dueling pianos, which is something that no one else does except the Mali of America. There is security at Bonfire. At closing, they turn the lights up. There is an off duty police officer there. Everybody leaves in a timely fashion. She has not witnessed fighting in the hallway. If they continued with security, watched the backdoor by the bathrooms, then this can all be worked out. This is a positive thing for Grand Avenue. She loves working with Linda and Charlie. She helped train some of the staff. Charlie Burrows, 10805 Alameada, (Inver Grove Heights?), appeared and stated he is one of the owners. They started business eight years ago. They would not be where they are today if they did not train their staff properly. They do not have drink specials on Grand. They have a happy hour eariy evening. They have a service that does liquor awazeness. They have documentation on this. When they had the pianos, they were not aware they needed the license. Linda mentioned the pianos in the meeting with the Summit Hill Association. When they came to the first legislative hearing and someone mentioned the dueling pianos, and they were told to get the license. They did the pianos for two months. There ha�e been no police ca11s. There were some accusations made that people were arrested, but it was another establishxnent. As for broken partitions, that happens if they are leaned on. This is the most rudimentary license they can apply for. Linda Young, 3365 Rolling Hills Drive, appeared and stated she is one of the owners of Axel's and Bonfire. She is proud to be a part of the whole organization and what they have created. They have wonderful employees and guests. They were excited about coming on Grand It is D�_ ��' LEGISLATIVE HEARING MIN[JTES OF MARCH 15, 2004 Page 9 considered an A location. Mendota had a population of 148 and it was not considered an A location. They took a Video Update in Eagan and turned it into a Bonfire. It is filled with neighborhood there. It is a stand alone building. Crraud Avenue is the first tune they have shared a common azea with another business. The intentions with the pianos was never to be disruptive or lewd. They are not and never intended to be an x-rated show. They even had a children's night; they made their own pizzas and decorated cookies. The pianos were a secondary thought on Grand. This restaurant is not even three months old. This has been a learning curve for them. They have piano players at another location that was inappropriate. They made it very clear to them and it was stopped. They want a piano baz that is fun. Ms. Young went on to say that they pay a lot of money for the piano players. It is too expensive to embrace this if they thought it would not be a good thing. Woodbury, Savage, and Eagan did not require an entertainment license. This has been the most unbelievable experience in her 30 plus yeazs in the business. She is appalled at the accusations being made about her company. It really hurts. (Someone in the audience added that all four owners aze here.) Jim Stopelstad, 332 Minnesota Street, landlord, appeared and stated he knows all the owners. He wili be actively involved in getting the parties to sort out the differences. Ms. Moermond stated some of the things have implications for conditions that are structural to the location. For example, when she hears concerns about smoke, she thinks of a ventilation system. When she heazs concerns about noise, she thinks about sound buffering. Mr. Stopelstad responded they just installed this past week an e�aust system that he was told by the mechanical company will solve the problem so long as both restaurants operate their air units at all times, It shouid keep the smoke in the Bonfire Restaurant and not in the common area. This work is not complete. Mr. Stopelstad was there last night and it seemed to wark. If it wili not work, they will try something else. Simply closing the door does seem to haue an impact on the noise. Bonfire is not comfortable with the doors being closed, but it may come to that. There may be other things to be done as well. Ms. Moermond asked about cameras and security in the area. This can become an issue for bar usage. Mr. Stopeistad responded what he saw on the tape did bother him. The landlord has the ability to issue rules and regulations governing the common area. Seeing people wondering around holding drinks is not acceptable to the landlord. Ms. Moermond stated the bathroom is a shared facility and she asked who has the responsibility for the maintenance of the bathroom. She heard there was an arrangement of Cafe Latte to do it sometimes. Mr. Stopelstad responded the landlord has the responsibility; however, since they have staff there all the time and if they want their staff to pick up towels off the floor, that is cheaper than having the landlord hiring someone to stand there all the time and chazge the cost to the tenants. If this is not gong to wark, then he can go back to the other system. The landlord Os�/_.�/33 LEGISLATIVE HEARING MINUTES OF MAItCH 15, 2004 Page 10 does the restocking and cleaning. The only issue for Bonfire, is they have to leave the restaurant to do it. Mr. Stopelstad said that he saw someone the other day leave the restaurant with a drink and go to the restroom, which is not acceptable. Chazles Young, one of the owners, appeared and stated a police officer who was watching the door told them he would prefer that women take their drinks to the bathroom so that no one puts sometkung in their drinks. Kristine Schweinler responded the police officar was wrong; alcohoi cannot leave the premises of the restaurant. Ms. Moermond sutmnarized the concerns and problems: Smoke is a concern, and Mr. Stopelstad said there has been changes to the ventilation system. Pazking is going to be a constant concern being in that area. Entertainment is a concern because of the noise and, depending who you are talking to, the content of the entertainment. The bathroom space is a concern. The patrons overflowing into the common spaces of the building while continuing to drink and smoke is a concern. Patrons harassing patrons of the other establishment. The layout of the space gives it a different chazacter of the neighborhood and concerns about possible overserving. Ms. Moermond is not saying these things aze true or false, but she is trying to put a laundry list out there of the concerns she heard. Some of these lend themselves to conditions. Ms. Moermond asked would staff recommend separating the licenses and conditioning them individually. Ms. Rozek responded conditioning the fu11 package. As for the smoking, Mr. Danford stated, someone called the Minnesota indoor air people to do an investigation and they found Bonfire in compliance. Also, Mr. Stopelstad added a system. Mr. Danford was there Saturday night to check on the noise and the smoke. He is not a smoker and he did not notice the smoke. The noise level was not that loud either. At 11:30 at night, Cafe Latte was packed and so was Bonfire. The smoke is not an issue. As for the noise level, they would like to keep the doors open when they play music on Monday through Thursday because it is just background musia They always close the doors when the pianos are playing. On Friday and Saturday nights, they close one door. These are heavy, big doors, and it is hard to open for women who aze not very strong. No baz owner wants to overserve someone because it is a liability issue. They train people to watch for the signs. On Saturday, he never saw anyone walk out into the hailway. He wi11 not say the tape is untrue, but perhaps it was somewhat set up. It seems funny that there was a video camera and all of a sudden they get caught. They have security on Friday and Saturday. Ms. Apitz stated there is a limited time when there is overlap. It amounts to about five to six hours total during the week there is an interface. When the doors are closed, that reduces the impact significantly. Mr. SYopelstad is doing his best abont the smoke issue. They have responded to the pazking issue. There is a reduced fee for the parking ramp. They have to figure out how to get people to use the parking ramp. Mr. Danford added that there was a lot of complaints at Ciattis's about how expensive tfie ramp was. When the lease was redone, the ramp price was reduced to a comfortable level. O�� �/33 LEGISLATIVE HEARING MII�ILJTES OF MARCH 15, 2004 Page i l Ms. Moermond stated the other licenses aze under discussion at tlus point. Today, she just heard testimony on the entertainment license, but the other licenses already had testimony on them. She did not see any sense in sending some licenses to the Council one week and the others later. Some people thought it was unfortunate that this locafion was experiencing problems. Saint Paul is a dense town in terms of peopie and businesses. They are hying to put nea�t to each other these residential and commercial uses. They are in the process of negotiating how these two uses can be next to each other. She would like to take pazking on first and place a condition that the pazking notice would be cleazly posted and available for customers. She understands they aze in place. Mr. Danford responded there are two signs on both exit doors. Ms. Moermond will recommend the doors be closed at all times. This is important given the smoke and noise issues. She understands they are big, heavy doors. It is common for bars to have a requirement that the doors are closed. Alcohol needs to remain inside the establishxnent. She understands the drugging of drinks, but the license is really cieaz that the consuxnption needs to be inside the restaurant. Videotapes need to be taken and stored seven days. Ms. Schweinler added that the City wiil periodically ask to see them. Another condition will be that security is present when entertainment is provided, said Ms. Moermond. Another condition would involve the limitation of hours on entertainment. If she were a neighbor, she would not like people from Billy's on Grand and the Wild Onion trucking over at 1:45 to get their last drink. Mr. Danford responded that Billy's is open unti12:00 so he is not sure the other person spoke correctly. Wild Onion is open unti12:00 and they are not running to Bonfire at that hour. It is just Friday and Saturday when they aze open until later. At that time of night, they are starting to wind down anyway. Entertainxnent is over at 130. Ms. Moermond stated the Councilmember will be the next person who reviews this. She is trying to put together a reasonable package together for the City Council to look at. She is sympathetic that the neighbors have experienced problems with the Wiid Onion and Billy's on Grand, but Bonfire should not be held accountable for them. Also, a liquor license has been here before and this location is zoned for this type of use. Ms. Moermond suggested Bonfire Woodfire staff take a break to consider these conditions. Mr. Young responded that Cafe Latte has no doors at all. There are also other people in the hallway besides Bonfire and Cafe Latte. As for parking, he asked is Cafe Latte going to have a sign on their door also, as they have people in the hallway when they are busy. Ms. Moermond responded Bonfire is being dealt with now. Specific concerns have been raised regarding Bonfire. (A recess was taken 12:10 to 1230.) Mr. Apitz stated the pazking notice is fine. They aze posted and they intend to have them remain posted. As for liquor consumption on the premises, they would maintain that liquor will not leaue the premises. There was security and a greeter during entertainment. Ms. Moermond responded the condition wouid be phrased "adequate security." d�/_ �.�s LEGISLATIVE HEARING MINIIJTES OF MARCH 15, 2004 Page 12 As for the entertainuient hours, said Mr. Apitz, they aze amenable to cutting the entertaiument at 130 and have the last call at that time. The installation of a camera at the entrance for security purposes is something they could comply with. Ms. Schweinler responded they will work with them on the time frame for complying with that. Once they have a camera in use, they might as well haue it on during hours of operation. Ms. Moermond added the storage of the tapes for seven days. Mr. Apitz responded they aze amenable to all of this. Mr. Apitz stated the one they wrestled with is the doors closed during all hours of operation. They want to welcome people into the restaurant. It is hard for some people to get the doors open. It sounds like the issue is noise and smoking disrupting those across the hall. On Mr. Dobson's tape, when the doors were closed, there was a perceptible difference in the noise. During the entertaimnent hours, it makes sense to close the doors and limit people escaping with drinks. The smoke is unpleasant, but that was because both establishments were not using their air exchange systems. Mr. Stopelstad did some tesring. The clean air people came in. They would be willing to continue that effort to see if there is something else someone needs to do to get that issue dealt with. Mr. Apitz suggested closing the doors after 5:00 p.m. People may not lrnow they are open for lunch or breakfast, They asked would she consider 5:00 pm. to close the doors and condition it with some additional testing and a report back to Ms. Rozek. Ms. Schweinler responded smoke is not an issue to eliminate. It is mostly the noise her office is concerned with. Ms. Rozek stated the question came up during recess in the language in the parking statements. Mr. Danford responded he had it done, but he cannot quote it exactly, but it is something like this: "Please be aware to park only in unrestricted areas. Be careful when exiting that you're in a residential azea." Ms. Moermond responded this does address the concerns that came up at the previous hearing. Amendments may be that there is a ramp available, which streets, where to park, where not to park, etc. Mr. Danford also stated that people call a11 the time to ask where they park and the greeters aze taught to tell them to park in the ramp, behind Bread and Chocolate, in front of the restaurant, etc. Ms. Moermond stated she will throw this out for Cafe Latte and Bonfire: bad bathrooms are a bad message to customers. The Certificate of Occupancy that the building has from the Fire Department covers that space. If there is a continued problem, people should call the Fire Department. (One of the owners responded that they asked Mr. Stopelstad to put in a button in the bathroom for people to push if there is a problem.) Mr. Danford responded they send someone in when the light comes on. They are concerned with the impression that gives their guests. That is a big issue. The other bathrooms in that building were temble. They do train people to walk through to make sure things look good. On a big night, it does not take long for trash to get on the floor. d� y33 LEGISLATIVE HEARING MINUTES OF MARCH 15, 2004 Page 13 Ms. Moermond reiterated the conditions: pazking posting shall remain, doors closed from 5:00 p.m. to closing and whenever entertaiiunent is provided, alcohol must remain inside the license premises, enteitaimnent shall finish at 130 which is also the fime of last call, security will be provided whenever there is entertainment, cameras will be at the entrance and operational from 5:00 p.m. to closing and whenever entertaivuient is provided, tapes will be kept for seven days. As an aside, she heard there was property damage that Cafe Latte experienced at about 2:00 am. in February with a broken window. Ms. Moermond has not done detective work, but it is this kind of situation, in addition to the alcohol leaving the establishment, that concerns City staff. The owners will need to talk with staff and sign the documents saying they will abide by these conditions. The licenses will come up to review on an annual basis and they aze subject to review should complaints come up. Mr. Apitz asked when this goes to Council. Ms. Moermond responded Apri17. The hearing was adjourned at 12:47 p.m. r�rr� Ms. Moermond recommends the licenses be approved with the following conditions, which have already been signed by Michael J. Gehlen: 1. Licensee must post notices at a11 public entrances to the establishment that encourage pairons to park in the ramp on the southwest corner of Grand and Victoria. Notices will also advise patrons of the necessity of leaving the premises in an orderly manner and with respect for the surrounding neighborhood. 2. Establishment doors will remain closed from 5:00 pm. to closing and whenever there is entertainment. 3. All alcoholic beverages must remain inside the licenses premises. 4. Licensee will install a camera in the common area that will monitor activity at the front entrance of the licensed premises. Cameras must be recording from 5:00 pm. to closing everyday. Tapes must be kept for a minimum of 7(seven) days. 5. Entertainment must discontinue at 130 a.m. Last call will be at 130 a.m. 6. Security must be provided at each entrance when there is entertainment. o� �� To: Council Members Re: Bonfire Entertainment License The attached was written and signed by a group of Lincoln Avenue residents who met recently regarding the concems with Bonfire and the request for an entertainment license. Viewing the process to date, we would like to go back to Marcia Moermond's original recommendations (see below) and ask that they be kept intact along with the adition of these requests: 1} extend the security's presence until 2:30 a.m., ensuring in safe and quiet exit of patrons from the neighborhood and 2) require that trash removal be scheduled between the hours of 8a.m. and l lp.m. We also ask for appropriate trash containment at all times. Due to the concerns expressed by so many, it would seem appropriate for the council to want to review the conditions regarding this license in six months. Thank you. Please note that these are the original recommendations from the City's Legislative Hearing Officer. These are the recommendations she made directly after the 2nd legislative hearing. These recommendations have been amended several times. 1. Licensee must post notices at all public entrances to the establishment that encowage patrons to park in the ramp on the southwest corner of Grand and Victoria. Notices will also advise patrons of the necessity of leaving the premises in an orderly manner and with respect for the surrounding neighborhood. 2. Establishment doors will remain closed from 5:00 p.m. to closing and whenever there is entertainment. 3. All alcoholic beverages must remain inside the licenses premises. 4. Licensee will install a camera in the common area that will monitor activity at the front entrance ofthe licensed premises. Cameras must be recording from 5:00 p.m. to closing everyday. Tapes must be kept for a minimum of 7(seven) days. 5. Entertainment must discontinue at 1:30 a.m. Last call will be at 1:30 a.m. 6. 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