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04-613Council File # D�_ 4 / �j Green Sheet # �O� ���5 Presented Referred To Committee Date WHEREAS, the Legislative Hearing Officer recommends that the license appiication (ID # 20040000558) for Entertainment (B), Malt On Sale (Strong), Restaurant (B)-more than 12 seats, and Wine On Sale Licenses by Bouachao Yang, President, Queen Asian Restaurant Corporation, doing business as Queen Asian Kestaurant, 1394 Jackson Street, Suite 102, be approved with the following conditions: 1. Post signage indicating patron parking; 2. In six (6) and tweive (12) months, the licensee will submit sales receipts indicating the sale of food and beer for review by LIEP; 3. The licensee will submit, on a quarterly basis, a list of scheduled events. The list must indicate the hours during which wine and beer will be sold and served; 4. A manager or security personnel will be present during all scheduled events and when entertainment is provided. THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application with the aforementioned conditions. Yeas Nays Absent Benanav � $ostrom ,, Hazris ,� Helgen � L.anh'y ✓ Montgomery v Thune � Adopted by CounciL Date (/ ii`/y� ��, e?D//� Adoption Certified by Counc Secretary BY� .�iDti J%ii�/<. RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Requested by Deparhnent of: � Form Approved by City Attorney � Approved by Mayor for Submission to Council � Approved by By: _ � _.... .. a�l-b/3 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Departme�rtlofficelcouncil: Date initiated: co -�w�il ,�,�N-� Green Sheet NO: 3018655 Contact Person 8 Phone: Deoartrnent SentTO Person InitiallDate Marcia Mcermond � 0 ouncil _ _ _ I 2��� ASSign. 1 ouncil De rtmen4Director �� Must Be on Council Agenda by (Date): Number y � Clerk For 3 Routing Order 4 5 Topl # of SignaW re Pages _(Cllp All �ocations for Signature) Action Requested: Approving the license application with conditions, per the Legislative Heazing Officer, for Entertaimnent {B}, Mak On Sale (Shong), Restaurarn (B)-more than 12 seats, and Wine On Sale Licenses by Bouachao Yang, President, doing business as Queen Asian Restaurant,1394 7ackson Street, Suite 102, Recommendations: Appcove (A) or Reject (R): Personal Service Confracts Must Answer the Pollowmg Questions: Planning Commission 1. Has this person/firtn ever worked under a contrect for this department? � CIB Committee Yes No " Civil Service Commission 2. Has this persoNfirm ever been a city employee? Yes No � 3. Does this pereon/firtn possess a skill not normally possessed by any current city employee? - Yes No _ � F�cplain all yes answers on separate sheet and attach to greernsheet • initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantastes If Approved: Disadvantages If Approved: Disadvantages If Not Approved: Tofal Amount of Cost/Revenue Budgeted: - � Transaction: � ` � ° - Fundinp Source: Activity Number: Financiallnformatio�r. ' (Explain) � -�eM � NIINIJTES OF THE LEGISLATIVE HEARING O � �� QUEEN A5IAN RESTAURANT - 1394 JACKSON STREET, SUITE 102 Tuesday, June 1, 2004 Room 330 Courthouse Marcia Moermond, Legislative Hearing Officer The hearing was called to order at 10:01 a.m. STAFF PRE5EI3T: Kristine Schweinler, License, Inspections, Envuonmental Protection Marcia Moermond explained that this is an informal legislative hearing. She will hear from the applicants talk about what they are proposing to do, she will hear a staff report, she will hear from other people, mention the concerns in the letters, and then talk to the applicant about different ways to address the concerns. She will develop a recommendation to the City Councii, which will be one of three things: 1) approve the license application, 2) approve the license with conditions, 3) refer the license to the Administrative Law Judge (ALJ). Ms. Moermond will recommend using the ALJ process if she believes there are reasonable conditions that should be imposed but the owner will not agree to, or she feels this area cannot accommodate this business. The ALJ process will involve four to six months. It is easier to negotiate conditions at this level than it is to send it into the court system. If it does go to an ALJ, the judge will have a public hearing and send those recommendations to the City Council. The ALJ can impose conditions that the owner would not accept. Bouachao Yang, owner, appeared and gave Ms. Moermond a folder with information. Kristine Schweinler reported Queen Asian Restaurant is making application for the following licenses: Wine On Sale, Ma1t on Sale, Entertainment (B), and Restaurant (B)-more than 12 seats. LIEP's recommendation is for approval with the condition as stated in Legislative Code 409.15: the sale of wine and beer be menu items only and an annual review be conducted at six months and 12 months showing that 60% of their sales aze food items. Ms. Moermond asked Mr. Yang has he had a chance to talk to staff about those conditions. Mr. Yang responded no. Ms. Schweinler added that one was sent to him with the hearing notice. It is a state law that the sale of wine and beer are menu items only. Mr. Yang stated he is the owner of Midway Office Park, and Queen Asian Restaurant will be in that buiiding. He bought the building on January 6, 2003. This building was a school until 1986 when it was turned into a senior health caze home. People lived on the second and third floors and the kitchen was downstairs until 1986. The building was vacant until last yeaz. The building was in bad shape with leaks. The properiy was brought up to code. He has 27 tenants on the second and third floors. The restaurant is run by him and his wife He has a banquet room in the restaurant. He wants to use it for private rental hall for the Hmong community which demands a lot of space. He needs to have Entertainment B license so that he can rent the space and the community can do entertainment there for private use. This is not open to the public. In the meantime, they would also like to serve malt and wine with food in the restaurant, and he can ��-�,-� \3 LEGISLATTVE HEARING MINiJTES OF JLTNE 1, 2004 Page 2 provide malt and wine to the banquet room for private events. They will only sell to people who order food. It will not be served to people who want to take it out nor served to people under the age of 21. He provided Ms. Moermond with a signed a petition from neighbors, a letter from Betty McCollum, Member of U.S. House of Representatives, and a diagram of the restaurant. Ms. Moermond asked how many units there aze. Mr. Yang responded he has 27 business tenants: two chiropractors, two contractors, Realtors, insurance, finance, temporary service, home health care, computer. Ms. Moermond asked was he the owner in Mazch 2003. Mr. Yang responded that was his son. She does not see a rental hall license, said Ms. Moermond. Ms. Schweinler responded it would be covered under the other licenses. They control the liquor when it is rented. Ms. Moermond stated one of the letters talked about outdoor entertainment. Ms. Schweinler added that he would have to get a permit to extend the entertainment to the outdoor area and it would require City Council approval. Mr. Yang responded he has no plans for the outside. It would be in the future. His plan is to cleaz the trees now. When he was a District 5 board member for three years, any outdoor entertainment had to be approved by the city. Also, the . restaurant will seat 87 and the banquet hall will seat 108. Ms. Moermond stated there were 151etters received expressing concern about the issuing of these license, including one from the District 6 Planning Council Land Use Task Force, who voted they would like the applicarion to be denied. Terry Hauge, Advance Shoring Company, 1400 Jackson Street, appeared and stated he is concerned about the Entertainment B license. He wonders what happens when the business is sold. There is enough parking. His driveway is 75 yards from this properiy. He does not want anyone to leave a vehicle in his driveway. Ms. Moermond responded the license is not transferable. Ms. Schweinler concurred and added that anyone else would be making an application for a new license. The parking is adequate for the business and tenants. A new applicant wouid not go through the petition requirement for the Entertaimnent B, but a new application would have to be made. Linda Jungwirth, 1111 Abell Street, appeared and stated she is part of the Tri Area Block Club. She attended all the land use meetings including the one in March 2003. At that meefing they were told it would be office space with a restaurant to serve those offices and it would be only open during the day. At that time, concerns were raised about alcohol and this becoming a club. They were told no. The block club people go to the police meetings. They have dealt with the problems from other clubs neazby. These places are a drain on resources for the Police Deparhnent, Fire Departsnent, and Code Enforcement. They have been told repeafedly that conditions on licensees are not enforceable because there is not enough staff; therefore, it would be irresponsible for the City to add to a workload they cannot already take care o£ They were o�--�� LEGISLATIVE HEARINCs MII�IUTES OF 7[JNE 1, 2004 Page 3 told this would not be open for banquets, it would be part of the restaurant and it would be open unti12:00 a.m. Nothiug came up to the land use committee in May. The other land use members knew nothing of us. People wanted to know the difference between Class A and B, but that information was not discussed in the meeting. She does not know how this was discussed with District 6. Ms. Moermond asked what decision is she referring to. Ms. Jungwirth responded the part about the applicant discussing this with District 6. The land use chair and committee did not discuss the current issue. Ms. Moermond is looking at an April 281etter for denial. She is referring to the license application and distinguishing them from what the District Council reviewed in March 2003, which was also referenced in some of these letters. Ms. Moermond is assuming the district council was reviewing some development proposals for the site and not license applications. Ms. Jungwirth responded what the owner is proposing today is not what the community heard in April. It was not just for banquets. Ms. Moermond asked is the land use committee recommending a change from denial to something else. Ms. Jungwirth responded not as far as the Class B license is concerned. There was questions regarding serving alcohol because of the potential of such a large crowd. Even if someone else buys it and there is notice, it would be tough to deny another applicant unless the applicant has a criminal background. Once it is issued, it is difficult to not reissue it unless there is something with a new owner. The potential for it to be a club in the future is a concern. This offers a potential for over 200 people. Putting alcohol in the mix is a concem. It was addressed a year ago, people were assured that was not going to be the case. The issue was the whole mix, the potential of the Class B, the lazge crowd potential, and the alcohol. The residents are leery of condifions that need to be enforced. They tell them there is not enough staff to enforce them. Ms. Moermond asked who aze °they." Ms. Jungwirth responded that when people ca11 to ask for enforcement from LIEP ar Code Enforcement there isn't enough staff to go to everything. Ms. Schweinler responded she does not recall her office giving out that information. LIEP usually deals with things on a complaint basis and acts witiun 24 hours on the complaint. Ms. Jungwirth said that she is not inferring that no one does it. She has been told by inspectors that there aze too many for them to go to. She asked could anything limit how many nights that could occur. In response, Ms. Moermond said that reasonable conditions can be imposed if there is a basis for imposing them. She is not hearing adequate justification for limiting the number of nights of entertainment. In that respect, responded Ms. Jungwrith, it is not different than a club. Ms. Moermond asked about the difference between the Entertainment A and B. Ms. Schweinler stated this is a wine and beer application. By state statute, it can only be served with food. The banquet hall does not allow for alcohol only sales in that azea; it has to be served in conjunction with food. Entertainment A allows for live taped, electronically produced music, no limitarion C��- � �� LEGISLATIVE HEARING NIINUTES OF NNE 1, 2004 Page 4 for performers_ It does not allow dancing by patrons, broomball, volleyball, eta Wine is limited by 14% alcohol by volume. Ms. 3ungwiiSh added that was an issue that came up: people just drink mare and the business makes more money. Jean Pellow, 1354 Jackson Street, appeazed and stated she does not understand when this business will be open, if it is open to the public, if it can be privately rented by peopie who want to have a food and drink party there, can people stop off the road, and is it hall rental. They run their business in that area. They aze business oriented and would hate to stop anyone from having a business, but her bedroom is 75 feet away from that building; therefore, she is concerned about what will happen at 2:00 a.m Noise in the later hours is a concem. People parked on the east side of Jackson and people pulling out of driveways can make it very dangerous. Ms. Moerxnond responded the latest potenfial hour of operation is 1:00 a.m. They will come back to this issue because that is one of the elements in the applicant's discussion with Councilmember Helgen. Tong Pao Yang, 1086 Rice Street, appeared and stated he is a business owner of home care. He lives in the azea. He has about 80 employees. He supports Queen AsSan. He created jobs for the Asian community and brings customers to the area. There are Asians living there and cities should allow them to have their own interests. People creating jobs does not hurt anyone; it benefits Saint Paul and the community. Chao Yang, 1394 Jackson Street, appeared and stated he is one of the tenants and he owns the Asian Community Special Service. He supports the applicanYs restaurant proposal and entertainment license. The Asians have benefitted using his buildings for fundraising activities. They use his space for conferences, meetings, eta The Hmong and Asian people have large numbers living in the Twin Cities and have no space for activities. Weddings are required to have beer and wine for the ceremony. He welcomes everyone to use it anytime they want. He does not discriminate anyone. He would like to recommend him to the Councilmember to approve this. This is necessary for them and they need it. Cher Thao Yang, 1394 Jackson Street #201, appeazed and stated there are 40,000 Hmong living in the Twin Cities according to the census. There are not many restaurant and facilities that can accommodate their population. The Hmong haue ceremonies that are different than Caucasians. They celebrate with wine and beer. As for the noise, the hall is on a lower level. The window i< low in the basement so he can manage the noise level. They have observed it a few times. On the outside, Cher Yang can hardly heaz any noise. Bouachao Yang stated that Mrs. Pellow actually lives more than 300 feet from his property. (Ms. Schweinler showed Ms. Moermond an aerial photograph.) Ms. Moermond stated that across the open area looks like about 200 feet from the Pellows. It is an open area in between. Sound would travel well, she presumes. She asked the hours. Mr. O�- �3 LEGISLATIVE HEARII�iG MINiJTES OF NNE 1, 2004 Page 5 Yang responded 11 a.m. to 8 p.m. with the exception of rental hall use. It would be closed to the public at 8:00 p.m, and they would provide food for the hail until midnight if it is in use. When he talked with Councilmember Helgen, said Ms. Moermond, he agreed to not haue the rental hall operafing between midnight to 6 a.m., although the license would aliow them to operate until 1:00 a.m. Mr. Yang responded that is right. He is volunteering to operate until midnight. Ms. Moerxnond asked about signage for the pazking lot so people will know to park there. Mr. Yang responded the pazking lot is open for Queen Asian and a11 the other businesses as well. He has a big sign on the street. The main door will have a big sign. Ms. Moermond asked where the stage is located in the banquet hall and is that the only place he will have entertainers. Mr. Yang responded yes. Regarding a question about ventilation, Mr. Yang responded the windows are about ten feet high. Ms. Schweinler added that part of the building is underground and the windows are garden level. Ms. Moermond said she would like to keep the doars closed during hours of entertainment. She would encourage him to do other things to ventilate the room. Ms. Schweinler added that the ventilation is new. The owner gutted the lower level and it was rebuilt according to new building codes. Ms. Moermond asked the Pellows if they feel assured enough that the windows will be closed. Mrs. Pellow responded she is more concemed about people leaving and noise coming from that. Also, she is sure she is 75 feet away. Ms. Moermond asked where the parking is located and if landscaping is theze to provide a sound barrier. Ms. Schweinler responded that the site plan review requires landscaping. There are concerns about this building huning into something else, said Ms. Moermond. The City has experience with peopie opening bars and restaurant and things getting out of control. She asked are they hiring an experienced manager of a bar and restaurant, security, etc. Mr. Yang responded this building holds more than 30 tenants and he will not do anything to hurt his tenants or scare them off his property. Ms. Moermond asked does he have any cameras. Mr. Yang responded his fixture plan is to install a camera on the outside. Ms. Moermond stated it is a common condition for her to add a condition to provide security during entertainment. Ms. Schweinler responded it is reasonable requirement request to provide security during entertainment; they don't specify the type of security. b���`3 LEGISLATIVE HEARING MINUTES OF NNE 1, 2004 Page 6 Mr. Yang responded he cannot afford a police office as this is a small business. He was a police volunteer for four yeazs in the NAO(Neighborhood Assistance Officer) program. Ms. Schweinler had the following comments: liquor and wine and beer establishments aze highly regulated to begin with. Other liquor licenses have a condition to have a manager or security during a rental hall function. Mr. Yang responded that he accepts that. Ms. Moermond stated she would suggest a six and twelve month review to show that 60% of receipts aze for food items. It is similaz to one talked about with Councilmember Helgen. Ms. Schweinler added that this is a condition that wiil probably be going on most wine and beer applications: submit taY informarion to the City that is also submitted to the State. Ms. Moermond recommends approval of the license with the following conditions: l. Post signage indicated patron pazking. 2. In six (6) and twelve (12) months, the licensee will submit sales receipts indicating the sale of food and beer for review by LIEP. 3. The licensee will submit, on a quarterly basis, a list of scheduled events. The list must indicate the hours during which wine and beer will be sold and served. 4. A manager ar security personnel will be present during ail scheduled events and when entertainment is provided. Note: These conditions were signed by the applicant on June 4, 2004. The hearing was adjourned at 11:31 a.m. rrn