The URL can be used to link to this page

05-1024SUBSTITUTE – NOVEMBER 16, 2005 Council File # OS-1024 Green Sheet #3028473 RESOLUTION Presented Refened 10 l.OIIlII11LLCC: L'dLC WHEREAS, Saint Paul L.egislative Code §§409.06(i)(3) prohibits the issuance of an off-sale liquor license within 300 feet of any pazk; and WHEREAS, the council may waive this prohibition upon a finding that such a license is not inconsistent with the health, safety, morals and general welfaze of the adjoining neighbors or community; and WHEREAS, Lo-To LLC d/b/a Lo-To (David Fhima — President), has applied for an off-sale liquor license for the premises located at 380 7ackson Sheet in Saint Paul, which is within 300 feet of Mears Pazk; and WHEREAS, the Capitol River Council has no objection to the issuance of the license; and 17 18 19 20 21 22 23 24 WHEREAS, the City Council finds that an oFf-sale liquor license for the premises located at 380 Jackson Street in Saint Paul, which is within 300 feet of Meazs Park is not inconsistent with the health, safety, morals and general welfare of the adjoining neighbors or community provided that certain condirions are imposed; now, therefore be it RESOLVED, that the City Council hereby waives the prohibition against the issuance of an off-sale liquor license within 300 feet of any pazk contained in Saint Paul I.egislative Code §§409.06(i)(3) for this application and authorizes the issuance of an off-sale liquor license to Lo-To LLC d/b/a Lo-To (David Fhima — President), with the following condition: This license shall not permit the sale of the following:distilled spirits in containers of 50 milliliters or less(miniatures), distilled spirits in half pint containers, fortified beers or wines, or single service containers of malt liquor (induding 40 oz. bottles). Requested by Department of: Hy: Adoption Certifj�� by Council Secretaxy �= � Approved BY� � Fosm Approved by City Attorney By: � �/�w�. . Approved by Mayor for Submission to Council By: CITY OF SAINT PAUL, MINNESOTA Adopted by Council: Date 1�1l�1. �.N,..�n l�� a-�� SUBSTITUTE — NOVEMBER 9, 2005 RESOLUTION SAINT PAUL, MINNESOTA Referred Council File # OS-1024 Green Sheet # 3028473 Committee: Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 m liquor license WHEREAS, inconsistent with the and Saint Paul Legislative Code §409.06(i)(3) prohibits the issuance of an off-sale 300 feet of any pazk; and may waive this prohibition upon a finding that such a license is not ty, morals and general welfare of the adjoining neighbors or community; WHEREAS, Lo-To LLC /a Lo-To (Daivd Fhima - President), has applied for an off-sale liquor license for the premises locate at 380 Jackson Street in Saint Paul, which is within 300 feet of Mears Park; and WHEREAS, the Capitol River Coun '1 has no objection to the issuance of the license; now therefore, be it RESOLVED, that the City Council finds tha an off-sale liquor license for the premises located at 380 Jackson Street in Saint Paul, which is within 30 eet of Meus Park is not inconsistent with the health, safety, morals and general welfaze of the adjoinin eighbors ar community; and FLIRTHER BE IT ALSO RESOLVED, that the City C contained in Saint Paul Legislative Code § 409.06(i)(3) for the liquor license, and approves the issuance of the off-sale liquor Fhima - President). hereby waives the prohibition �e of the issuance of the off-sale to Lo-To LLC d/b/a Lo-To (David Adopted by Council: Date Adoption Certified by Council Secretary By: Approved by Mayor: Date B}': Requested by Depar ent of: By: Form Approved by City Attorne By: Y Approved by Mayor for Submission to C�nci1 By: \ tq oS- /d� K � Green Sheet Green Sheet �reen Sheet Green Sheet Green Sheet Green Sheet � DepartmenUoffice/council: Date Initiated: LP — ��selinspection/EnvironProt ,�o�T�S Green Sheet NO: 3028473 ConWCt Person & Phone: Virginia D. Palmer 266-8710 Must Be on Council Agenda by (Date): n . . � Deoartment Sent To Person 0 icensellns ectio nvir n Pro A55ign I icense/Ins ectio nviron Pro De arhnent Dire or Number 2 i Attorne For Routing 3 avor's OR'ire Ma or/Assistant Ordef 4 ooncii 5 im Clerk Ci Clerk - Total # of Signature Pages _(Clip NI Locations for Signature) Adion Requested: � Approval of the attached resolu6on to take adverse action against the Liquor Off Sale license application submitted by Lo-To, LLC, d/b/a Lo-To (License ID#20050001201) for the premises located at 380 Jackson Street in Saint Paul. Approve (A) or Planning Commission CIB Committee Civil Service Commission (R): Contracts Must Mswer the Following Questions: 1. Has this personffirtn ever worked under a confract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/Brm possess a skill not normally passessed by any wrrent city employee? � - Yes No Explain alI yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): � It was detexinined that the licensee's establishment is within three-hundred (300) feet of a residentially zoned property, a p�rk or a licensed child care center which makes him ineligible to receive the license in accordance with St. Paul Legislative Code Secrion 409.06 �)� AdvanWges If Approved: License application denied as recommended by the Office of LIEP. Disadvantages If Approved: None Disadvantages If Not Approved: License application approved against the recommendarion of the Office of LIEP. oWl Amount of Trensaction: Funding Source: Financial Information � (Explain) Cost/Revenue Budgeted: Activity Number a - a ��€�R�°�^h �°�sn4�g OCT 2126� � CouncilFile# �— �� Green Sheet # J_ 0� � 1 I� RESOLUTION OF SAINT PAUL, MINNESOTA REP'ERRED i z 3 4 j s v s s io ii iz 13 14 is is iv is CO�'irIITTEE: D�TE WHERE , adverse acrion was initiated against the Liquor Off Sale license application submitted by Lo-T LLC, dib{a Lo-To (License ID#20050001201) for the premises located at 380 Jackson Street in aint Paul, alleging licensee's establishment is within 300 feet of a residentially zoned prop , a park, or a licensed child care center; and WHEREAS, the Of i e of License, Inspections and Environmental Protection has recommended denial of the Li or Off Sale license application in accordance with Saint Paul Legislative Code §409.06 (n(3); d WHEREAS, the licensee has t contested the allegations; now, therefore be it RESOLVED, that the Liquor Off e license application submitted by Lo-To, LLC, d/b/a Lo-To is hereby denied. This Resolution, and the action taken abo , are based upon the Facts contained in the October 7, 2005, Notice of Intent to Deny License plication letter sent to the licensee and the arguments made at the Public Hearing on November 2005. Adopted by Council: Date Adoption Certified by Council Secretary By: Approved by Mayor: Date Requested by Depar lent of: BY_ � � / Form Approved by City Attorne� By: � / Approve b Mayor fqr 'ss� to By: �� Hy' ds- ro��- OFFICE OF THE CITY ATTORNEY Mnnuel J. Cerv¢nies, CityAttorney CITY OF SAINT PAUL a, Randy C Kelly, Mayor 400 Ciry Ha11 Teiephone: 651 26b-87I0 ISWestKelloggBZvd F¢csimile:651298-56I9 Saint P¢uZ, Mirsnuot¢ 55102 �rr� October 18, 2005 NOTICE OF COUNCIL HEARING David Fhima Lo-To 380 Jackson Street St. Paul, MN 55101-3883 RE: Liquor Off Sale license application submitted by Lo-To, LLC, d/b/a/ Lo-To for the premises located at 380 7ackson Street in Saint Paul License ID# 20050001201 Deaz Mr. Fhima: Please take nofice that this matter has been set on the Public Hearing Agenda for the City Council meering scheduled for 5:3Q p.m., Wednesday, November 2, 2005, in the City Council Chambers, Third Floor, Saint Paul Ciry Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the Ciry Council for their consideration. This is an uncontested matter conceming yow ineligibility to obtain a Liquor Off Sale license due to the fact that your establishment is within three-hundred (300) feet of a residenfially zoned property, park, or a license child caze center. This matter has been placed on the public hearing agenda portion of the City Counci] meeting, during which public discussion is allowed. The recommendarion of the license office is denial of your license applicarion. If you have any quesrions please feel free to contact me at 266-8710. Very truly yours, /� - V � j �� ZCt..�U E,CC�:u� Virginia l�. Palmer Assistant City Attorney cc: Chrisfine Rozek, Deputy Director of LIEP VMary Erickson, Assistant Council Secretary, 310 Cify Hall David Fhima, 1924 Humboldt Avenue, Minneapolis, MN 55403 Sheila Lynch, Director, CapitolKiver CounciUDistrict Council 17 332 Minnesota Street, Suite W 1222, St. Paul, MN 55101-1314 AA-ADA-EEO Employer os- �� I- UNCONTESTED LICENSE MATTER Licensee Name: Address: Council Date: Issue: Date of Application: Lo-To LLC, d/b/a Lo-To 380 Jackson Street, St. Paul, MN 55102 Wednesday, November 2, 2005 @ 5:30 p.m. Establishment is within 300 feet of a residentially zoned property, a park, or a licensed day care center. March 23, 2005 Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: Denial of Liquor Off Sale license application. Attachments: 1. Proposed resolution 2. Copy of Class N license application for a Liquor Off Sale license 3. Copy of 9/22/OS letter from Councilmember David Thune to licensee 2. Notice of Violation dated 1017/OS with Affidavit of Service 4. Faxed letter dated 10/17/OS from David Fhima requesting a public hearing. 5. St. Paul Legislative Code §409.06 (I) (3) OS- la�4 �= ; - CLASS N ci� oF sanv�r PAUi. CI'TY LICENSE APPLICATION ORce of License, Inspections and Environmentai Pmtection THIS APPLICATION IS SUBIECT TO REVIEW BY TE� PUBLIC 3�s� r�s�+,s�m3oo saimPv+4h�i�vcwra ss�@ PLEASE TYPE OR PRINT II3INK (65t)266909DFU(651)26F9124 Wrb: w.NV.liro.r¢ ��e LICEi�ISES ARE NOT TRANSFERABLE PAI'I�IENT NNST BE RECEIVED WITH EACH APPLICATIO� Type ofLicense(s) being applied for: �� Ya�t a� L 1 Q J tllZ S_ /V // �� Projected date of opening: � ��'/�� Company Name: �_ Cofparatian / Partnership ( Sole Tf business is incorporated, give date of incorporation: o � 3 j � BusinessName(DBA):y0 � �D BusinessPhonef�/�D�I �77Io BusinessAddress (business tocation): ,3� �AGK.S�h1 5 T #/sj�' < <T �UL� r�ix� 55�Dti3b=8'3 S[reet(.Y,Kame,Typz,Dimction) City State Zip+q Between what cross streets is the business located? �_S� S i' lo � ST L� 1�Vhic1� side of the street� JLp�_ Are the premises now occupied?�_ �Vhat Type of Business? Mail To Address (if difFerent than business address): a�/�7o �� Strcet (i},hame, Typq Tiirec[im) Appficant Infon Na�nc and Title: Swle Zip+4 Tiqc Home Address: �jS / �,S S[rcet(k,Name,Ty rty S�aCe Zip+4 Date of BirtU: ��e?( — lo / Place of Birth: Home Phone: �)� � DriverLicense: � ,��j—/� -`�j— a� /OD State of Issue: /��/� Have you ever been cnnvicted of any felony, crime or violation af any city oidinance other than traffic? YES_ NO� Date of arrest: Char�e: _ Conviction: �Vl�erc? Sentence: � t licenses wl�ich you currently hold, formerly held, or may have an interest in: �� Is—Ltul�GenSe •IYIP/raPA �.fl�l �Sf1�RU1 —dH771/� S �i�I��l7Lt.` dlu`S � l// i Have any of the above named licenses ever been revoked? YES �_ NO If yes, tist the dates and reasons for revocation: Are you going to operate this bnsiness �ecsonaliy? � YES NO If not, who �vill operate it? FiestRame MiddleInittal� .,� (Maiden) Last � Da[eofBirth Home Address: Street (#, Name, Type, Direction) Ci Are you going to have a manager or assistant in this business? �YES operator, please complete the following information: State Zip+; PhoneNumber NO If the manager is not the same as the I �� (Mai3en�� i� � n// 1//iti OS— lU3s-F a � .. e Please list your employment history for the previous five (5) year period: BusinessBmnlovment � Lirt all other offxcers of the coiporation: OFFICER TITLE HOME NAME (Office Held) ADDRESS ,.. � - , �: HOME BUSINESS PHONE pHONE Date Y/ll�L � DATE OF BIRTH � /�?.� ls /l'I.t> .S3 �1v3 � ' If business is a pazmership, please include the following information for each partner (use additional pages if necessary): First Name Middle Initial (Maidenj Last . Date of Birth ( ) Home Address: Street (#, Name, Type, Direcrion) City State � Zip+4 Phone Number FirstName Middlelnitial (Maidrn) HomeAddress: Stree[(#,Name,Type,Direc[ion) Ciry S[ate � Zip+4 � PhoneNumber MINNESOTA TAX IDENTIFICATION NUMBER - Pursuant to the Laws ofMinnesota,1984, Chapter 502, Article 8, Section 2(270.72) (Tax Clearance; Issuance ofLicenses), licensing authorities aze required to provide to the State of Minnesota CommissionerofRevenue, the Minnesota business tar identification number and the social security number of each license applicant. Under the Minnesota Government Dafa Practices Act and the Federal Privacy Act of 1974, we aze required to advise you of the following regarding the use of the Minnesota Tas Ident�cation Number: ` - 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 taxes; - Upon receiving this information, the licensing authority will supply it only to the Minnesota Department of Revenue. However, under the Federal Exchange of Information Agreement, the Department of Revenue may supply t6is information to the Internal Revenue Service. ' Minnesota Tax Identification Numbers (Sales & Use Tax Number) may be obtained from the State of Minnesota, Business Records Department, 600 Robert Street Norih, Saint Paul, MN (651-296-6I81). Minnesota Ta�c Identificarion Number: � If a Minnesota Tas Identificarion 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 STATiJ1'E 176.182 I herehy certify that I, or my company, am iz� compliance with the workers' compensation insurance coveiage requiremenYS of Minuesota Statute 176.182, subdivision 2. I also understand that provision of false informaGon in this certificaGon constitutes sufficient grounds for adveise action against all licenses held, including revocation and suspension of s�;�d licenses. Name of Insurance Company: f'i`.r?p,(��3 t�Y1r,� %175. LO Policy Namber: WZ� ��4 �'�_9 � Coverage from %�'��G `� to 1�' .�� I have no employees covered under workers' comgensation insurance (IIVITIALS) os- I o 3 �{ ' c ANY FALSIFICATION OF ANSWERS GIVF.N OR MATEHIAL SUBIVIITI'ED � WILL RESULT IN AENIAL OF THIS APPLICATION I hereby state that I have answered all of the preceding questions, and that the informarion contained herein is �ue and cosect to the best of my�owledge and belief. I hereby state fiuther that I have received no money or other consideration, by way ofloan, gift, contnbution, or otherwise, other than already disclosed in the application wluch I herewith submitted. I also imderstand this premise may be inspected by police, 5re, health and otfier city officials at any and all times when tfie business is in opemrion. for aII applications) Prefesed methods of communication from this 1 Phone Number with area code: (s (please rank in order of preference -"1" is most preferred): Extension 3 (Circle the type of phone number you bave 14sted abov Business Home Cel] Fax Pager _ Phone Number with area code: ( 95J )�Y b y� Extension � (Circle the ty �o� pfione numb you have list b�: S Business Home Cell Fa�c Pager Mail: D��CJ �7/Y7(��C.- .Lf CL tlly �/� c5cSY3S Street (#, Name, Type, Direc[ion) City State Zip+4 � Internet: _�P�� i�, � �'r F�IMAS . ('Q.�_ E-MaIl Address We will accept payment by cash, check (made payable to Ciry of Saint Panl) or credit card (MasterCard or Visa). '"*Note: If this application is Food/Liquor related, please contact a City of Saint Paul Health Inspector, Steve Olson (266-9139), to review plaus. If any substantial changes to stnacture aze anticipated, pFease contact a City of Saint Paul Plan Examiner at 266-9001 to apply for building permits. If there aze any changes to the pazking lot, floor space, or for new operations, please contact a City of Saint Paui Zoning Inspectorat266-9008. All applications require the following documents. Please attach these dacumenfs when submitting your application: 1. A detailed descriprion of the design, location and squaze footage o€ the premises to be licensed (site plan). The following data should 6e on the site plan (preferably on an 8%a" x i l" or 8%" x 14" paper): -Nazne, address, and phone number. - The scale should be stated such as 1"= 20'. ^N should be indicated towazd the top. - Placement of all pertinent features of the interior of the licensed facility such as seating areas, kitchens, offices, repau azea, pa:king, res. rooms, etc. - If a request is £or an addidon or expansion of the licensed facility, indicate both iHe current azea and the proposed expansion. 2. A copy of your lease agreement or proof of ownerslvp of the property. IFPAYING BY CREDIT CAZtD PLEASE COMPLETE THE FOLLOWIIVG INFORMATION: � � � � � American Express � Discover � MasterCard � Visa �� EXPIRATION DATE: ACCOUNT NUlYIBER: � � � � � � � � � � � � � � � � � � � � Name of Cardholder (ptease print) Signatuie of Card Holdei(required for ail charges} Date ��-� �� :� � < ,�. DAVE THUNE coimcilmember September 22, 2005 David Fluma, President Fhima's, I.ouis XIII, Lo-To Restaurants 2680 Southdale Center Edina, Minnesota 55435 Dear Mr. Fhima; �. �` i`NC� C�� Qeµi�. le-t�� bc.� ��k- -- tc; e��c�,,� . ��-la�� a� ��vk This is a letter in response to your Class N City License Application dated Mazch 23, 2005. The offices of City Council Wazd 2 and District Council 17 are unable to grant Lo-To, LLC an off- sale liquor license due to a pmvision in City Code Chapter 409.06(�3, which states: "No license shall be issued for an off-sale location which is witfiin three hundred (30Q) feet of residentially zoned property, a park or a licensed child caze center, said three hundred (300) feet being calculated and computed as the distance measured from the property line of the prexnises or building proposed as the locaxion for the off-sale liquor license to tk� properry line af any residentially zoned property, pazk or chiid care center in the area for which the license is sought" Language for this City Code can be found at: httn•//www ci stnaul mn usicode/1c409 htrnl#sec409 04 As you are probably awaze, your restaurant and proposed wine shop aze located within 300 feet o€Mears Park. Please feel free to contact my office at (651)266-8620 if you have any further questions regarding this matter. I appreciate the positive impact Fliima's and Lo-To have contributed to the Saint Paul dinin.g and nightjife culture and wish you continued success. Sincerely �� Dave Thune City Couacil Member-Ward 2 Y � � �:iTY OF SAINT PAUL OFFICE OF THE CITY COUNCIL CITY I;qLL SULTE 310B SAINT PAUL, MINNESOTA 55102-1615 6511266-8620 � �: � CITY OF SAII�IT PAUL Randy C. KeZly, Mayor October 7, 2005 � �- _ -- -- { �'f��- OFFICE OF THE CITY ATTORNEX ManueZJ. Cervantes, CiTyAnorney CivilDivision - 400 City Hall IS Wut KeZloggBLvd Sairst Paul, Minnesot¢ 55102 Telephone: 651 266-871 0 Factimile: 657 298-5679 NOTICE OF INTENT TO DENY LICENSE APPLICATION Owner/Manager Lo-To 380 Jackson Street St Paul, MN 55101 RE: Liquor Off Sa1e license application submitted by Lo-To LLC, dlbia Lo-To for the premises located at 380 Jackson Street in Saint Paul License ID # 20050001201 Dear S ir/Madam: The Office of License Inspections and Environmental Protection has recommended deniai of the Liquor Off Sale license application submitted by Lo-To LLC, d/b/a Lo-To for the premises located at 380 Jackson Street in Saint Paul. The basis for the recommendation is as follows: On September 22, 2005, yon received a letter from City Councilmember Dave Thune informin� yon that the City wonld be unable to grant .yonr Liqnor Off Sale license due to a provision in the City Code Chapter 409.a6 (�3 which prohibits issuance of an off-sale liquor license to a location within three hundred (300) feet of a residentially zoned properfy, a park or a licensed child care center. Yonr establishment is also within 300 feet of a city park. At this time you have two options on how to proceed: ff you wish to have a public hearing before the Saint Paul City Council, you will need to send me a letter requesting a public hearing, We will need to receive your letter by Monday, October 17, 2005. The matter will then be scheduled befare the City Council for a public hearing to deteruiine whether to deny your license. You will have an opportunity to appear before the Council and make a statement on your own behalf. en_nr�n aan Lo-To October 7, 2005 Page 2 C � �� /�� 2. I'ou may withdraw your license application. Send a written statement to that effect to the Office of License, Inspections and Environmental Protection, 8 Fourth Street East, Suite 200, St. Paul, Miunesota 55101-1002 no later than Monday, October 17, 2005. Information should be directed to the attention of Cluistine Rozek. Any request for a refund of the license application fee must also be made in writing to the Office of LIEP. Please let me l�ow in writing no later than Monday, October 17, 2005, how yon would like to proceed. If I have not heard from you by that date, I will assnme that you are not contesting the denial of your lieense application. If you have any quesflons, feel free to call me or have your attorney ca11 me at 266-8710. Sincerely, � , Rachel Gunderson Assistant CityAttomey cc: Christine Rozek, Deputy Director of LIEP Dauid Fhima, 1924 Humboldt Avenue, IvIinneapolis, MN 55403 A A_ATIA_RFR F,..,d,.�.a.. _ � , G STATE OF MINNESOTA ) } ss. COUNTY OF Rt1MSEY ) �; - - - - 0�✓` �� AFFIDAVIT OF SERVICE BX U.S. MAIL MEGFIANMcGIVERN being fust duly sworn, deposes and says that on October 1Q 2005, she served the attached NOT'ICE OF INTENT TO DENY LdCENSE APPL.ICATION by placing true and conect copies thereof in envelopes addressed as follows: Owner/Manager L,o-To 380 3ackson Street St. Paul; MN 55101 _ David Fhima 1924 Humboldt Avenue Minneapolis, MN 55403 (which aze the last known addresses of said persons) depositing the sazne, with postage prepaid, in the United States mail at 5t. Paul, Minnesota. 1��;�� rll.:� � MEGHAN McGIVFRN ..A1 l..�. '� r . - � � � .. ,y-. �,_. ' : � � '._ s , _ ��i�"'.'=>" »•..; ,.'�;.. ' :.n i : Subscribed and swom to before me D�-�o� i0'd i96 6bb0zL9ZL9 9S:Si SOaZ-LI-1�0 � f .:� n S les n a t I�:sentunTSfor. _•'a..��i.n=lnl:;i�:mrrlr�inn.Mii.tu�xuTni$iJ} (�mqse.�n:>.c;az+r.l 15a�i .;9>> �� P�. °�t�ss �-'`' s �� `� �� '� �� l/3-(�� ►J C��-- C�.73L � �� -IC�S�= . = (Q"�i�.I� �.14c� �° i2��i �- �a��l C �C—�,�,,u G 2��.� i� G- `��5 ��c cc� C �-�-�� - ��-Y MPLS�_ _ LOLIIS XIII -�' �,� qf ° Chapter 409. Intoxicating Liquor* (i) License location restrictions. U� ro�� Page 1 of 1 (i) No off-sale license shall be issued for any place where nonintoxicating malt beverages shall be sold for consumption on the premises. (2) No off-sale license shall be issued to any location within a half-mile radius of any existing off-sale establishment, except in the downtown business district, where the distance requisement shaif be a radius of three hundred (300) feet. Notwithstanding the foregoing, no off-sale liquor establishment shall be located witfiin a half-mile radius of the Xce! Energy Center. (3) No license shall be issued for an off-sale location which is within three hundred (30D) feet of residentially zoned property, a park or a iicensed chlid-care center, said three hundred (300) feet being caiculated and computed as Yhe distance measured from the property line of the premises or building proposed as the iocation for the off-sate liquor license to the property line of any residentialty zoned property, park or child care center in the area for which the license is sought. (i) The council may waive the restrictions set forth in paragraph (3) above relating to distance if it makes findings that such a �icense is not inconsistent with the heatth, safety, morals and general welfare of the adjoining neighbors or community. Factors which may be considered indude, but are not limited to the following: the likelihood of increased noise, traffic, litter, loitering or unlawful behavior by patrons of the estabiishment, excessive artificiai lighting, subsCantial decrease in adjoining property values, and the extent to which any of the potential problems can be addressed by conditions on the ticense. (ii) In order to waive the restrictions relating to distance the council must first receive a petition from seventy-five (75) percent oF the owners and tenants of ali private residences, dwellings and apartment houses Iocated within three hundred (300) feet of the proposed ofFsale location stating that they have no objection if tfie waiver relates to residentially zoned property or a written statement consenting to the waiver by the director and/or owner of the child care center if the waiver relates to a licensed child care center. (iii) An establishment holding a valid license on the effective date of this amendment shali not be affected by this limitation, but shall be entitled to have such license renewed so long as they are in compliance with aIt other requirements of Iaw and there exist no grounds for adverse action against such license. http://www.stpaul.gov/code/1c409.hhn1 7 n/t 7/?nn5