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04-675Council File # ' � y� Resolution # RESOLUTION OF SAINT PAUL, MINNESOTA 2 � 6 7 WHEREAS, Wilkendorf Enterprises Inc. d/b/a Mitch's Supper Club, located at 1305 West Seventh Street in Saint Paul has requested a waiver of the 45 day norice requirement for issuance of on-sale liquor and Sunday on-sale liquor licenses; and WHEREAS, the West Seventh Federation has agreed to the waiver of the notice requirements; and 8 WHEREAS, the Council finds that the application is in order and there are no grounds for denial of the 9 license and that failure to grant the waiver and the consequent delay in approving the license would cause 10 exceprion and unusual hazdship to the license applicant; and 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 �� 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 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 Protecrion 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 norice requirements of §409.06 of the Saint Paul Legislative Code are hereby waived and on-sale liquor and Sunday on-sale liquor licenses are issued to Wilkendorf Enterprises Inc. d/b/a Mitch's Supper Club for the premises located at 1305 West Seventh Street in Saint Paul, subject to the agreement stated above. Adopted by Council: Date 0- Adoption Certified by Council Secretary By: Appr By: Form p ro ed by Ci Attorney By: areen Sheet # �l� (�1- (�15 DEPARTMINTlOFFICHCOUNCIL � - owTE Wrtwim . ci�courrca, Juiy�,zooa GREEN SHEET No 20�J1 �J� CONTACT PERSON & PFiONE mXlwuan ���ae Councilmember Pat Hazris 6-8630 oa�ue�+rowarae arvcouxc.. MUST BE ON COUNCIL AGENDA BY (DA'(� , I�SSIGN NUMB6tFOR ❑QIVATiOMEY C1IYCLFRK ROIITRIG OROFR ❑w1WCInLaErtVICFfOR s1UtlCIF1.aEAVIAC.LiC ❑ IIAYORIORF�SiYIf) ❑ TOTAL # OF SIGNATURE PAGES (CUP ALL LOCATIONS FOR SIGNATURE) CTION REQUES7ED � � A resolurion waiving the 45-day norice requirement for the issuance of on-sale liquor and Sunday on-sale liquor licenses for Wi]kendorf Enterprises Inc., d/b/a Mitch's Supper Club, located at 1305 West Seventh Street. RECOMMENDATION Approve (A) w Reject (R) PERSONAL SERYICE CONiitACfS MUST ANSWER THE FOLLOWING QUESTIONS: t. Has this persorJfi�m ever worked untler a contract far this tlepartmeM� PLANNlNG COMMISSION VES NO CIB CAMMITTEE 2. Has ihis persoNfirm e.rer heen a cily empbyee? CIVILSERVICECOMMISSION YES NO 3. Does this PersoNfirtn P� a sldli not �armallYP� bY anY curteM cilY emPloYee? YES NO 4. Is this peisoN�rtn a targeted vendoR YES NO E�lain all yes answe�s on separate sheet aM attac� to preen sheet INITIATING PROBLEM ISSUE, OPPORTUNITV (Wha, What, When, Where, Whyj ADVANTAGESIFAPPROVED �ISADVANTAGES IF APPROVED DISADVAN7AGES IF NOT APPROVED TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGEfED (CIRCLE ON� YES NO FUNDING SOURCE ACTNITY NUMBER FINANCIPL INFORMATION (IXPW N) WesS7Federar�on bs1L'-Jtl5g7y l�//IOb/�04 U(:lcpm r. �1 �-415 July 6, 2004 West 7thfFort Road Federatioa 974 West 7th Street Saint Paul, Minnesota b"aIO2 (612) 298-5�99 Christine Rozek O�ce of License Inspections and Environmentai Protection 300 Lvwery Professional Buildiag 350 St Peter Street St. Paul, Minnesota 55102 Dear ibLs. Rozek The West Seventh FederaCion has no objection to the wavier of 45 days for the Iiquor license transfer of Mitclx's Supper Club located at 1305 West Seventh Street. Sincerely, �t "-�..� e Mor G `� Community ganizer Cooperating �nd Drive Member At3irmative Action/Eqval Opportunity Employer � o�-�.�s ACT10N IN WRITING OF THE SOLE SHAREHOLflER OF WILKENDORF ENTERPRISES, INC. The undersigned, being the sole Shareholder of Wilkendorf, Enterprises, lnc., pursuant to Chapter 302A of the Minnesota Statutes and the Bylaws of this Corporation, does hereby adopt the foliowing resolutions by this Action in Writing, such Action and the resolutions contained herein to have the same force and effect as if taken at a meeting of the Shareholders duly called and held for such purposes: RESOLVED, that the Articles of incorporation of the Corporation, a copy of which is attached hereto as Exhibit "A" be, and the same hereby are, approved, ratified and adopted in all respects and shall be permanently filed by the Secretary in the Minute Book of the Corporation. RESOLVED FURTHER, that the Bylaws, a copy of which is attached hereto as Exhibit "B" be, and the same hereby are, approved, ratified and adopted as the Bylaws of this Corporation and shall be permanentiy filed by the Secretary in the Minute Book of the Corporation. RESOLVED, that the following persons be, and they hereby are, elected as members of the Board of Directors of the Corporation, who shail hold o�ce until their successors have been elected and shall duly qualify: Greq Wilkendorf President and Chief Executive O�cer Grep Wilkendorf SecretarV and Chief Financial O�cer RESOLVED FURTHER, that fhe Action in Writing of the First Board of Directors of the Corporation and all resolutions therein adopted are hereby approved, ratified and adopted in all respects. RESOLVED FURTHER, fhat ail actions of the incorporator of this Corporation and the officers and Directors of the Corporation which were taken or adopted prior to the date of this Action in Writing ofthe Shareholders of this Corporation be, and the same hereby are, approved, raii�ed and accepted in afl respects. - -`� RESOLVED, that this Action in Writing and the resolutions contained herein shail be effective as of the � day of ,�Lrvte , 2004. C�.-�� IN WITNESS WHEREOF, I have hereto set my hand to be effective as of the date stated in the immediately preceding resolution. O�t-�.15 ACTION IN WRITING OF THE BOARD OF DIRECTORS OF WILKENDORF ENTERPRiSES, INC. The undersigned, being the sole member of the Board of Directors of Wiikendorf Enterprises, Inc., pursuant fo Chapter 302A of the Minnesota Statutes and the Bylaws of this Corporation, does hereby adopt the following resolutions by this Action in Writing, such Action and the resolutions contained herein are to the same force and effect as if taken at a meeting of the Board of Directors duly cailed and held for such purposes: RESOLVED, that it is the desire of the Corporation to enter into the Restaurant business. Said business wiii invoive the sale and service of intoxicating beverages. RESOLVED FURTHER, that a proposed Lease Agreement for Business and Property at 1305 West 7` Street, St. Paul, Minnesota, has been read, considered, and approved by Greg WilkendorF, as the Sole Director on behalf of the Corporation. RESOLVED, that the proposed Purchase Option for Property and Other Assets at 1305 West 7"' Street, St. Paui, Minnesota, has been read, considered, and approved by Greg Wilkendorf, as the Sole Director of the above Corporation. RESOLVED FURTHER, that Greg Wilkendorf, as President of Winkendorf Enterprises, Inc. wiil be granted authority to execute the above documents and any necessary collateral documents to effectuate the Lease Agreement and the proposed Option to Purchase of the Restaurant now known as "Mitch's" located at 1305 West 7` Street, St. Paul, Minnesota. RESOLVED,1 approved, and Corporation. iat the S-Election, specifically, the IRS Form 2553, was read, executed by Greg WilkendorF in his capacity as President of the RESOLVED FURTHER, that this Action in Writing and the resolutions contained herein shall be effective as of the f day of 4`TT2004 IN WITNESS WHEREOF, I have hereto set my hand to be effective as of the date stated in the immediately preceding resolution. ___ �!1� � %/ ' Greg Wil �idorf, Directg /President �/ �C�C1'{�?� �vZ( �` � CLASS N CITY LICENSE APPLICATION THIS APPLICATION IS SUBJECT TO REVIEW BY Tf� PUBLIC PLEASE TYPE OR PR1NT IN LNK ��'�u%Q��"x'�PAYMENTMUSTBERECE DWPi' R PLICA ��.�h1�� �.c�����[�,o Type of License(s) being applied for: � Projected date oF opening: `� � J �� n t � Compar.y Name: � ! 1 ' S Cocporntion / Partnecship / Sole Proprietorship If business is incorporated, give date of incoiporation: �1 i�c Business � �-� �� �,l7U C t(� �-FJ� � o Business Address (business location): � � �J LC1: ! ' ' S[reet (#, Name, Type, Direction) Behveen what cross streets is the business located? 1 71 C. '�FSt�t�Ct �1 Are the premises now occupied? ��? S What Type of Business? Mail To Address (if different than business address): Street (#,Name, Type, Direcum) Applicant Infon Name and Title: �1S CITY OF SAINT PAUL O�ce of License, Inspections and Environmenral Pcotection 3505� PaaStrx�, Sui43W Sain[ PmJ, Minn6oh SSI@ (651) 26F9090 Fu (651) 266-9124 wm S i ity Sta[e Zip+q +Y � Which side of the street? ,Q U V`Q.��t,� City State Zip+4 ��� � . . Last Title First Home Address: J '+" l� v r! v t Sveet(#,Name Type,Direction) (� City SUte Zip+4 Date of Birth: �— �� U Place of Birth: � i 1'��-f Home Phone: (�S / 1� 3G ^�7/ �-�-- Driver License:l l, ^ �otr� '— �d 0 — V'( � "� � � State of Issue ��/ ►�( �fl Have you ever been convicted of any felon}•, crime or violation of any city ordinance other than traffic? YES_ NO �_ Date oFarrest: Charge: _ Conviction: Sentence: List licenses which you currently hold, formerly held, or may have an interest in: Have any of the above named licenses ever been revoked? Are you �oina to opente this business personally? � YES Middie [ni[iat Last Date of Bicth ( � Home Address: Sheet (#, Name, Type, Direc[ion) Ciry S[ate Zip+4 Phone number Are you going to have a manager or assistant in this business? � YES NO If the manager is not the same as the o�erator, please complete the following informatiot� � _ , First Name Home Initial Type, Direction) lvher�? YES . NO If yes, list the dates and reasons for revocation: NO If not, who will operate it? State e"('�r laf —/ � � o� Date of Birth �S`/ 1 7�3 = Phonc rumber �-��5 Please list yovr employment history for the previous five (5) yeaz period: Business/Em�lovment Address (Comnlete Mailing Addressl Date If business is a partnership, please include the following informarion for each partner (use additional pages if necessary): Name Middle Tnitial (Maiden) Last Home Address: Street (#, Name, 7ype, Direction) City Stace Zip+4 FicstName Middlelnitial (Maiden) Last DateofBirth � ) Home Address: Street (#, Name, Type, Direc[ion) City State Zip+4 Phone Number MINNESOTA TAX IDENTIFICATION NiJMBER - Pursuant to the Laws ofMinnesota,1984, Chapter 502, Article 8, Section 2(270.72) (Tax Cleazance; Issuance of Licenses), licensing authorities are required to provide to the State of Minnesota Commissionerof Revenue, the Minnesota business tax identification number and the social security number of each license applicant. Under the Minnesota Govemment Data Practices Act and the Federal Privacy Act of 1974, we are required to advise you of the following regarding the use of the Minnesota Tax Identification �TUmber: - This information may be used to deny the issuance or renewal of your license in the event you owe Minnesota sales, employer's withholding or motor vehicle excise ta�ces; - Upon receiving this information, the licensing authority will supply it only to the Minnesota Deparknent of Revenue. However, under the Federal Exchange of Infotmation Agreement, the Departrnent of Revenue may supply this information to the Intemal Revenue Service. Minnesota Tas Identification Numbers (Sales & Use Tax Numbec) may be obtained from the State of Minnesota, Business Records Department, 600 Robert Street North, Saint Paul, MN (651-296-6181). Minnesota Tac Identification � IF a Minnesota Tax Idenrification Number is not required for the business being operated, indicate so by placing an "X" in the box. CERTIFICATION OF WORKERS' COMPENSATION COVERAGE PURSUANT TO MINNESOTA STATUTE 176.182 I hereby certify that I, or my company, am in compliance with the workers' compensarion insurance coverage requirements of Minnesota Statute 176.182, subdivision 2. I also understand that provision of false information in this certification constitutes sufficient grounds for adverse action against all licenses held, including zevocation and suspension of said licenses. Name of Insurance Company: Policy Number: Coverage from to I ha��e no employees covered under workers' compensation insurance (INITIALS) List all other officeis of the corponrion: OFFICER TII'LE HOME HOME BUSINESS DATE OF NAME (Office He1d) ADDRESS PHONE PAONE BIRTH ANY FALSIFICATION OF ANSWERS GIVEN OR MATERIAL SUBivIITTED �—��� WILL RESULT IN DENIAL OF THIS APPLICATION Preferred methods oFcommunication from this office (please rank � Phone Number with azea code: L(�$ J )�� (Circle the type of phone number you have listed above: I hereby state that I have answered all of tiie preceding questions, and that the infonnarion contained herein is true and correct to the best of my knowtedge and belief. I hereby state further that I have received no money or other consideration, by way of loan, gift, conhibution, or otherwise, other than already disclosed in the application whicL I herewith submitted. I also understand this premise may be inspected by police, fire, health and other city officials at any and all times when ihe business is in operation. all applicarions) Date of preference -"1" is most preferred): �- ii � Business Fax Pager _ Pnene Vumber wi't,i aze� code: t ) Estension (Circle the type of phone number u have listed above: Business � om Cell Fax Pager ��� Mail: �r U}�C��—�Q��� .t L�A3�� T'� Y�� ���� Street (�', Name,'I'ype, D�recnon) �ty State Zip Intemet: E-Mail Address We will accept payment by cash, check (made payable to City of Saint Paul) or credit card (MasterCard or Visa). **Note: If this application is Food/Liquor related, piease contact a City of Saint Paul Health Inspector, Steve Olson (266-9139), to review plans. If any substantial changes to structure are anticipated, please contact a City of Saint Paul Plan Examinerat 266-9007 to apply For building permits. If there are any changes to the parking lot, floor space, or for new operations, piease contact a City of Saint Paul Zoning Inspector at 266-9008. Ail applications require the following documents. Please attach these documents when submitting your appiication: l. A detailed descriprion of the design, locarion and square footage of the premises to be licensed (site plan). The following data should be on the site plan (preferably on an 8%' x 11" or 8%z' x 14" paper): - Name, address, and phone number. - The scale sliould'oe sra:ed sach as 1" = 20'. ^N ;houid be ;ndicated towazd u�e *.�p. - Placement of ail pertinent features of the interior of the licensed facility such as seating areas, kitchens, offices, repair area, parking, rest rooms, etc. - If a request is for an addition or expansion of the licensed facility, indicate both the current uea and the proposed expansion. 2. A copy of your lease agreement or proof of ownership of the property. IF PAYING BY CREDIT CARD PLEASE COMPLETE THE FOLLOTi'ING INFORMATION: � � . �,�? wsa � �e ' =�-- American Express EXPIItATION DATE: ACCOUNT NUMBER: � Discover � MasterCard � Visa ❑ ❑ / ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Name of Cazdhoider (please print) Signature of Card Holder(required for all charges) Date