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05-1058Council File # (��— I�S D Green Sheet # 3028742 Presented by RESOLUTION CITY OF SAINT PAUL, MINNESOTA s Referred To � � Committee Date WI�SREAS, the Legislative Hearing Officer recommends that license application for Service Area Expansion to an adjoining space (32 addirional seats) for the following licenses: Wine On Sale, Malt On Sale-Strong, Entertairunent (B), and Restaurant (B), ID#20030000134, Dara Thai Restaurant at 769 Milton Street North, be approved with the following conditions: 1. The sale of Wine and Beer will take place only in conjunction with the sale and service of food; 2. Provide copies of gross receipts from the sales of food, wine and beer, showing at least sixty (60) percent attributable to the sale of food quarterly; 3. Any remodeling or expansion of this facility must be reviewed by LIEP priar to beginning a project; 4. Licensee will not allow any loitering behind the building of the licensed business; 5. The licensee shall build an interior service area in the back of the business (along Chatsworth Street) that would include a sound-proof wall which would prevent music being played inside to be heazd by those outside. 6. The licensee must never prop open back doors during business hours. 7. The licensee may not dispose of beer bottles into the dumpster between the hours of 8:00 pm. and 8:00 a.m. 8. The licensee must install a video surveillance camera in the front and back of the business within three (3) months after City Council approval of the expansion. License holder will maintain the video surveillance cameras in good working order. Tapes must be maintained for seven (7) days. 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 � Bostrom ✓ Hazris ✓ Helgen Lantry � Montgomery Thune � Adopted by Council: Date �n� qz,�n �� c7�5 Adoption CertiSed by Council Secretary By: Apprc � � Requested by DepartrnentoE � Form Approved by City Attorney � Approved by Mayor for Submission to Council � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � r� ��.a Departrnentlofficelcouncil: Date Initiated: V J sv,r y co -���,� 09 Green Sheet NO: 3028742 CoMact Person & Phone• DeoaHmerR Sent To Person InitiaVDate Marcia Mcertnond � � 0 un il 266-8560 pujyn 1 uncil De rtmentDirector Must Be on Councll Agenda by (Date): Number Z � Cier For Routing 3 Order 4 5 Tohl # of SignaWre Pages _(Clip All Locations for Signature) Action Requested: Approving the license applicarion with conditions, per the Legisla6ve He�aring Officer, for Wine On Sale, Malt On Sale-Strong, Entertainment (B), and Restaurant (B) licenses for Kazen M. Thao, owner, dba Daza Thai Restaurant, 769 Milton Street North. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission 1. Has this person/firm ever worked under a contract for this department? CIB Committee Yes No Civii 5ervice Commission 2. Has this pewoNfirm ever besn a city employee? Yes No 3. Does this personffirm pnssess a skill not nonnally possessed by any current ciry employee? Yes No Explain ail yes answers on separate sheet antl attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advarrtapes If Approved: COUtl�i� ����c�'CFt CeT1$2C DisadvantapesffAppraved: �e,{q`g o Q nilnG ��Sd ir � � Cba18aD Disadvantages If Not ADProved: Total Amount of CosURevenue Budgeted: Tra�action: Fundinq Swrce: Activitv Number. . Financial Information: (Explain} p5 �05� NIINUTES OF THE LEGISLATIVE HEARINCT Dara Thai Restaurant 769 Milton Street North Tuesday, October 25, 2005 Room 330 City HalllCourthouse Marcia Moermond, Legislative Hearing Officer The hearing was called to order at 3:00 p.m. (a continuation from October 7, 2005). STAFF PRESENT: Kristina Schweinler, License, Inspections and Environmental Protection (LIEP); Jean Birkholz, Ciry Council Offices. OTHERS PRESENT: Robert K. Thao, Karen Thao, Lee Her and Mai Xiong, and a representative from the District 7 Office. Marcia Moermond asked Ms. Schweinler to provide a staff report. Ms. Schweinler stated that this is a license application request to expand the license service area to an adjoining space (32 additional seats) for the current Wine On Sale License, Malt On Sale Strong License, and the Entertainment and Restaurant License. At this time, stafPs recommendation is for approval with the four (4) conditions that were suggested by the District 7 Planning Council and the LIEP office. The outstanding check and NSF fees were paid sometime today between 9 a.m. and 3 p.m. with another check. Staffl s recornmendation is for approval with the additional four (4) conditions pending the clearance of today's check. Ms. Moermond explained that the request for a license or in this case, expanding the service area of a cunent license, the neighborhood is notified because iYs a Class N License, one of tl�e licenses that triggers neighborhood notification. Other trigger licenses include auto repair store, entertainment and liquor licenses. In this case, the neighborhood responded with two (2) letters of objection to this particular license: 1) from the proprietor of Minnehaha Lanes; and 2) from District 7. Ms. Moermond explained that there are three (3) possible outcomes of this hearing this morning: 1) that she recommend that the Ciry Council grant this license without any conditions attached to it; 2) that she recommend that the City Council grant this license with conditions attached to it; or 3) that she recommend to the City Council that this license be refened to an Administrative Law Judge. That possibility would be used if there are conditions that she thinks are necessary to make this a workable situation, but that aren't acceptable to the license holder or if there is no way that this can be a workable situation. At this level, Ms. Moerniond further explained, the owner must agree with all of the conditions, including the new ones proposed by District 7 and agreed to by LIEP: 1. The licensee shall build an interior service area in the back of the business (along Chatsworth Street) that would include a sound-proof wall which would prevent music being played inside to be heard by those outside; 2. The licensee must never prop open back doors during business hours; 3. The licensee may not dispose of beer bottles into the dumpster between the hours of 8:00 p.m. to 8:00 a.m; �5 t �55� LEGISLATIVE HEARING MINLJTES — Dara T'hai Restaurant October 25, 2005, 2 4. The licensee must install a recorded video surveillance camera in the front and back of the business to be operating no later than three (3) months after the license is issued to expand services, maintaining a 7-day record. Ms. Moermond asked if there currently was a recorded video surveillance camera. Mr. Thao responded that there wasn't, only a fake camera. She also suggested that the FORCE Unit of the Police Department would be able to give them some further suggestions about securing the area to make it a more safe physical space. Ms. Moermond asked Karen Thao if she accepts these conditions onto the license. She responded that she does. Ms. Moermond noted that Karen needs to sign another affidavit. Mr. Thao responded to the complaint letter submitted by the owners of Minnehaha Lanes, insisting that each enumerated complaint was false. Mr. Thao noted that he is not personally responsible for someone else throwing bottles, etc., into their dumpster. Ms. Moermond stated that if someone else comes and dumps things onto the property, the owner of the building and the land is held responsible, not the lease holder. Ms. Schweinler added that LIEP would have to have actual proof in order to hold someone from Dara Thai responsible. Ms. Moermond recommended approval for the expanded service area with the aforementioned conditions, provided that the check posted today with LIEP, clears. The hearing was adjourned at 3:39 p.m. fjab 2 MIN[7TES OF THE LEGISLATIVE HEARING `� `"`'��� Dara Thai Restaurant 769 Milton Street North Friday, October 7, 2005 Room 330 City HalUCourthouse Marcia Moermond, Legislative Hearing Officer The hearing was called to order at 11:03 a.m. STAFF PRESENT: Kristina Schweinler, License, Inspections and Environmental Protection (LIEP); Jean Birkholz, City Council Offices. OTHERS PRESENT: Robert K. Thao, Lee Hez and Mai Xiong. Ms. Moermond explained that there are three (3) possible outcomes of this hearing this morning: 1) that she recommend that the City Council grant this license without any conditions attached to it; 2) that she recommend that the City Council grant this license with conditions attached to it; or 3) that she recommend to the City Council that this license be referred to an Administrative Law Judge. That possibiliry would be used if there are conditions that she thinks are necessary to make this a workable situation, but that aren't acceptable to the license holder or if there is no way that this can be a workable situation. Marcia Moermond asked Ms. Schweinler to provide a staff report. Ms. Schweinler stated that this is a license application request to expand the license service area to an adjoining space (32 additional seats) for Wine On Sale, Malt On Sale Strong, Entertainment and Restaarant License. At this time, staff's recommendation is for denial because there are outstanding fees due, and that Karen M. Thao, the licensee, is not present today. None of the people here today is listed on the license; therefore, none of them can accept conditions placed on the license; only the licensee can do that. The outstanding fees need to be taken care before this application can move forward. Mr. Thao noted that none of the people here today is listed on the license because Mr. Her and Ms. Xiong are going to help out first to see if they would be interested in becoming partners. He went on to say that even though his wife, Karen M. Thao, is the owner but is not here today, he is the one who takes care of the business end of things for her. Ms. Schweinler reiterated that she is the only name on the license, so she is the only one who can respond to what takes place today. He cannot do it for her. Ms. Moermond added that no matter what happens here today, another hearing will need to be scheduled that includes Mrs. Thao. Ms. Moermond asked Ms. Schweinler what staffls recommendation for denial is based upon besides the fact that Karen Thao is not present for today's hearing. Ms. Schweinler responded that staff's recommendation for denial is based upon the fact that the building permit fee, the sur charge on plan check fee and the Sewer Access Charge (SAC) aze outstanding; a check was written but tke funds were not available. Mr. Thao said that the fees would be paid within two (2) weeks. Ms. Moermond stated that this hearing will be rescheduled for two (2) weeks out. At that time, Karen Thao must be present and the fees must be paid or Ms. Moemiond will recommend denial. The hearing was adjourned at 11:11 a.m. /jab