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05-104Council File # �(� RESOLUTION SAINT PAUL, MINMESOTA Presented Referred To Green Sheet # 3025102 Committee Date 13 WEiEREAS, the Legislative Hearing Officer recommends that license application (ID # 20030005015) for an Entertainment A License by GKTC Corporation, Gloria Caselius, owner, doing business as Lucky Fo� Bar & Grill, 731 F.andolph Avenue, be approved with the following condifions: 1. No trash or bottle dumping between 7:00 p.m. and 7:00 a.m.; 2, The existing four internal security cameras will be maintained. The outside camera on the reaz of the building will be replaced. All cameras must be operational and tapes maintained for seven (7) days; 3. The square footage of windows on the building will not be decreased. Windows will not be obscured with signs;and 4. Bar doors must remain closed when entertainment is being offered; THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves Chis license application with the aforementioned conditions. Yeas Na s Absent Benanav � Bostrom � Harris � Helgen v Lantry J Montgomery ` Thune �/ Adopted by Council: Date � Adoption Certified by Council Se retary BY� ///J(��iC,��d6a/ Approved 1 B Requested by Depaztrnem of: � Form Approved by City Attomey � Approved by Mayor for Submission to Council � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � a_ �. _ . �` 1� DepartmeM/officeleouncii: Date Initiated: co -�o��il 02-FEB-05 Green Sheet NO: 3025102 Co�d Person 8 Phone: Deuarhnerrt Sent To Person InitiaVDate Marcia Mcermond � 0 on cil z66-&560 Assign � 1 ouucil De arlmentDirector Must Be on Council Agenda by (Date): Number 2 •� For 3 Routing Order 4 5 Total # of Signature Pages �(Clip All Locations for Signature) Action Requested; Approving ffie license application with condifions, per the Legislarive Hearing Officer, for an add-on Entertainment A License for GKTC Corporafion, Gloria Caselius, Owner, DBA Lucky Foxac Bar & Grill, 731 Randolph Avenue. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission �. Has this personffirtn ever worked under a contract for this department? CIB Committee Yes No Civii Service Commission 2. Has this personffirm ever been a city employee? Yes No 3. Does this person/firm possess a skill not nortnally possessed by any current city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet InitiaGng Prablem, Issues, Opportunity (Who, What, When, Where, Why): Advantapes If Approved: _ �, COt!l��� �� ' �'Ch Center DisadvanWSleslfApproved: ` ��� qpeA 20� bg &'a pisadvantages If Not Approved: - - �� � � ° � � � Xµ.n � - e m� Total Amount of CosURevenue Budgeted: Transaction: Funding Source: ActiviW Number: F i na neial I nformabon: (6cplain) - � ��� ��� �� MINUTES OF THE LEGISLATIVE HEARING LUCKY FOXX BAR AND GRILL - 731 Randolph Avenue Thursday, January 27, 2005 Room 330 City HalUCourthouse Mazcia Moermond, Legislarive Hearing Officer The hearing was called to order at 10:15 a.m. STAFF PRESENT: Krisrine Schweinler, License, Inspections, Environxnental Protection (I,IEP) Mazcia Moermond explained that this license application requires neighborhood notification. Ms. Moermond received letters objecring to the issuance of this entertainment ticense, which triggered tlus hearing. There are three possible outcomes far this legisiative hearing: 1) license issued without conditions, 2) license issued with conditions, 3) refened to an Administrative Law Judge (AL,n. It will be referred to an ALJ if there is no way to reach accommodation and/or the applicant did not agree to condi6ons that she felt were necessary for tkus to be a workable situation. The ALJ process can involve four to siY months and typically the interested parties engage legal counsel; therefore, it is more expensive and time consuming than hying to mediate things at this level. Kristine Schweinler explained the GKTC Corporafion, doing business as the Lucky Foxx Bar and Grill, has requested an additional license of Entertaimnent A, which allows taping of live music without limitation to the number of performers. It does not allow for patrons dancing ar a dance floor to be provided. All the requirements for environmental health, licensing, fire and zoning have been met. LIEP's recommendation is for approval with conditions. (Note: these conditions are listed on the last page.) Ms. Moermond stated some of the letters speak of adult entertainment. Ms. Schweinler responded that would be a Class C Entertainment License, which would require the neighbors within 300 feet to be peritioned with at least 9�% okaying it. It is a substantially more expensive license. In answer to another question, Ms. Schweinler responded that dancing by patrons would be a Class B Entertainment License, which would require a perition, notification to the neighbors, and increased parking requirements. Gloria Caselius, owner, 731 Randolph Avenue, appeared and stated she plans to have Karoake once or twice a week. She does not plan to have a live band, except for a special occasion. Ms. Moermond stated there was a legislative hearing last year about the business. She wanted to see how the license is doing with some of those condirions. She asked about trash or bottle dumping. Ms. Schweinler responded she has not heard of any complaints. Ms. Moermond asked about enclosing the dumpster area. Ms. Schweinler responded that has been completed. Ms. Moermond asked about security lighting and the screening fence. Ms. Caselius responded that both have been done. C�—�c�� LUCKY FOXX BAR AND GRII,L - Legislative Hearing - 731 Randolph Avenue Page 2 Ms. Moermond asked has there been complaints about entertainment in absence of the license. Ms. Schweinler responded that her of&ce has not received any complaints about this license. Frank Peterson, 736 James Avenue, appeared and stated he is the block captain. He talked to the neighbors who did not write letters. He did not write a letter either. The entire biock would like to see the entertainment license delayed for a yeaz because the owner just opened the busmess after remodeling. Ms. Caselius did a lot of work to the baz. Several times, the other owner Robert Fox and Ms. Caselius have been in the pazking lot pushing, and the cops haue been called. Last Saturday, a squad was called because the owners were pushing each other. The neighbors do not want to see enterta.inment if the two owners cannot get along. Karoake will bring in more parking problems. The new dumpsters have cut the parking lot down to three cars. Everyone is parked on the City streets. Betty Moran, West Seventh/Fort Road Federation, 974 Seventh Street West, appeared and stated they would also like to see the license postponed for a year to see how things aze going with the business. The federation has received numerous complaints about the back door. There are three doors on that building. The back door has been open, and people can hear the music with the jukebox. There is nothing but residential around there. Linda Schmit, 450 Bay Street, appeared and stated she concurs with Ms. Moran and Mr. Peterson. She has heard severallazge fights and now leams it is the owners. The back and side doors are open quite a bit. Tn the summer and when they need more circulation, the doors are open. She heazs the jukebox a lot. In the smmner, some of the pattons ride Harley Dauidson Motorcycles, and they rev them up in the morning. It is a residential neighborhood with a bar stuck in the middle of it. She would appreciate not having any more noise. She also would like the entertainment license postponed. The parking also bothers her. Ms. Moermond read letters she received into the record: i) Gerald and Mary Lauer, 449 Arbor Street, wrote about the bar being in a residenfial azea, motorcyclists, and noise after hours; 2) John and Sarah Binenbach, 757 Randolph Avenue, wrote about the bar being in a residential area, additional noise, pazking problems, possibility of adult entertainment; 3) Kaarin Long, Bay Street, wrote about traffic, parking, and the residenfial neighborhood; 4) Adolph Gisch, 760 Randolph Avenue, wrote about the bar being in a residential area, traffic, parking, possibility of adult entertaimnent; 5) Linda Schmit, Community Human Services Department, 160 Kellogg Boulevard East, wrote a letter and also tesfified today; and 6) Ruth R. Rudolph, 737 Randolph Avenue, wrote about the previous denial, noise pollution, parking, and the type of entertainment. Ms. Caselius stated she is the only owner of the business. The incident that happened on Saturday was with Robert Fox, who she previously dated. He came to the properiy, and she wanted him to leave because he has caused trouble in the past. He shoved her. 7ohn Alexander saw the situation, tried to stop Mr. Fox, and they pushed each other. There was no hitting. Jotm Alexander, 4126 Coifas Avenue North, Minneapolis, appeared and stated that Ms. Caselius is obtaining a restraining arder to keep Mr. Fox out of the bar, as he has been causing problems in the bar and with Ms. Caselius. Mr. Alexander owns a few bars in Minneapolis and has advised Ms. Caselius to work with the neighborhood group and the City Council in regazds to US-\O� LUCKY FOXX BAR AND GRILL - L,egislative Hearing - 731 Randolph Avenue Page 3 recommendations. At the first hearing, Ms. Caselius asked for 2:00 A.M. Closing and Entertaii�ent licenses. Mr. Thune suggested postponing the entertainxnent to make sure the requirements were met. Ms. Caselius has met every requirement and has been there to make sure things are done correctly. She even went one step closer to put the cameras outside. She has been there about sis days a week at all hours. His understanding was that the entertainment would come up again if all the requirements aze met. What she did to the baz has improved the azea: the kitchen is open, the traffic has not gained momentum. The same people aze going there. A few new people aze coming from other areas but not at the same time. It is a rotation of automobiles. Mr. Alexander has heard from the neighbors that they aze happy the baz is remodeled. He does not see why the entertainment license should be postponed if Ms. Caselius has met all the requirements. All she wants is kazoake to try to improve the slow nights. She put over $500,000 into the baz. She has been more than fair with the neighborhood and tries to wark with them. As for the music, said Ms. Caselius, the doors aze closed most of the time. The patrons open them because it gets warm, but Ms. Caselius closes the door when she catches it open. She is there seven days and six nights. She takes one night a week off. She has only called cops once on the patrons when there were some kids drinkiug quite a bit, they caused trouble, she stopped serving them, they would not leaue, and she called the cops. The other incident was because of Mr. Fox, who has caused her more problems in the bar than her patrons. She put a restraining order once on him, cancelled it, but realized she should have kept it. She has an appointment tomorrow morning to get another restraining order. Ms. Moermond stated that the owner went through legislative hearings February of last yeaz. The purchase of the business was hanging on whether she got the license. Ms. Caselius responded that she closed on the purchase on April 16. She started the exterior about three months after. She closed down the end of September for about six weeks and reopened November 4. As for the motorcycles, there has not been any parking on the side as requested at the last legislafive hearing. Whenever there has been a motorcycle parking on the boulevard, she has requested the owner to remove it. They have done that. She has a camera for people to watch their motorcycles from the back of the parking lot. The motorcyclists has been cooperative with her. As for loud noises, motorcycles aze going to be loud. The business is on a busy street. She is busy on Friday, Saturday and somefimes Sunday. She is talking about doing Karoake during the week. It will not pack them in. The whole neighborhood will not be full of cazs. Mr. Alexander stated that Ms. Caselius has cleaned up the baz. When she first bought it, there was drug dealing going on. Those people are out. She has cleaned up the azea and stopped serving people who have had too much to drink. A lot of the neighbors have commented that there is no one out there making loud noises. Ms. Moermond asked if there is any situarion or studies that would support the idea that the addition of a Class A Entertainment License would increase the volume. Ms. Schweinler responded the zoning requirements are set up because studies haue been done. The Class A Entertainment piano bar, Karoake—has not shown to increase the number of patrons visiting an establishment or parking. For the Class B Entertainment License, when adding the bands and dance floor, there is an increase. Some bands have followers. The Ciass C Entertainment License justifies the nature of the type of entertainment that would bring people from other azeas for the � �� LUCKY FOXX BAR AND GRII.L - Legislarive Hearing - 731 Randolph Avenue Page 4 adult entertainment that is not offered in other azeas. To clarify, the entertainment license was not denied. It was withdrawn. Ms. Moermond concurred: it was withdrawn as a part of a negotiated agreement for the balance of the licenses. Ms. Moermond took a recess to go through some of the records. (A recess was taken from 10:46 to 10:56) Ms. Moermond stated there was an issue about the 2 a.m. Closing License that seems to be unresolved. Ms. Schweinler responded it is a state applicarion and they approve or deny it. There are no fees to the City. Ms. Caselius added that she has the license. Ms. Moermond stated she looked through a couple of things and the minutes. There was a legislafive hearing and a meeting. It is ciear that is the way the 2 a.m. Closing License was talked about. At that point, they were ready to go forward with the entertainment license out of the legislarive hearing process. It was the concerns that the neighborhood brought directly to Ward 2's Councilmember that led to the negotiation and the withdrawal of the entertainment license. There was one condition that was discussed last February that was associated with an entertainment license, which had something to do with keeping the doors closed when entertainment was being provided. Her finding is that all the conditions that were required have been met. Ms. Moermond has reviewed the police call history, and it is clear the police calls have a distinctly different chazacter than what was experienced before Ms. Caselius assumed ownership and management of this place. Ms. Moermond will recommend approval of the license with the conditions. She strongly encouraged Ms. Caselius to keep the restraining order in place. Mr. Alexander stated that Ms. Caselius would like to invite people to stop into the bar and have lunch. A lot of the people have complained, but they have not gone into the bar. Ms. Schweinler stated she would meet with the license hoider about remedies for some of the problems. Ms. Moermond recommends the Ciry Council grant the Entertainment License with the following four conditions recommended by LIEP, which have already been signed by the applicant: 1. No trash or bottle dumping between 7:00 p.m. and 7:00 a.m. 2. The exisring four internal security cameras will be maintained. The outside camera on the rear of the building wili be replaced. All cameras must be operational and tapes maintained for seven (7) days. 3. The square footage of windows on the building will not be decreased. Windows will not be obscured with signs. 4. Baz doors must remain closed when entertainment is being offered. The hearing was adjourned at 11:00 a.m. rrn