05-328Council File # V.�' 2
Green Sheet # 50�,5� 1 �?
Presented
Referred To
Committee Date
1 WI�REAS, the Legislative Hearing Officer recommends tl�at license application (ID #20050000011) for Malt
2 On Sale (Strong) License, Wine On Sale, and Restaurant (B)-more than 12 seats license by S. Bui, Inc., owner,
3 doing business as Bui's Asian Cuisine, 422 University Avenue West, be approved with the following condition:
4 1. Per City of Saint Paui Legislative Code 409.15 - The sale of Wine On Sale and Malt On Sale (Strong) will
5 take place only in conjunction with the sale and service of food (Menu item only). Copies of gross/revenue
6 receipts from the sales of food, wine and beer, showing at least sixty (60) percent attributable to the sale of
7 food, shall be made available for review upon request of the Director of the Office of License, Inspections
8 and Environxnental Protection or his/her designated representative.
9 THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license
10 application with the aforementioned condition.
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Yeas Na s Absent
Benanav 1/
Bosfrom ,i
Harris ✓
Helgen ✓
Lantry ,�
Montgomery �
Thune �
Adopted by Council: Date �n� j�� ��ds'
Adoption
By:
23 Approved
24 By:
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
!3
Requested by Deparpnento£
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Form Approved by City Attorney
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Approved by Mayor for Submission to Council
� Green Sheet Green Sheet Greeq Sheet Green Sheet Green Sheet �reen Sheet
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Confact Person & Phone:
Maicia Mcertnond
65575
Contract Type:
RE-FiESOLUiION
3'I-MAR-O5 V I Green Sheet NO: 3025976
- ' DepaNSnent SentTo Pe�son
0 nntil
Assign 1 oonal De arnuent Di r
Number 2 - ����k �ti �.
For
Routlng 3
Order 4
5
'32.�6
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Tofal # of Sign Pages _ All Wcations for Sigrtafure)
AMion Requested:
Resolution apptoving the license application, with condifions, for Mak On Sale (Shong), Wine On Sale, and Restaurant (B)-more than
12 seats licenses by S. Bui, Inc., d/b/a Sui's Asian C�isine, 422 University Avenue West.
�'"� *
idations: Appro�e (A) or Reject (R):
Planning Commission
CIB Committee
Ciul Service Commission
1. Has this persoNfirtn e�erwodced under a corrtract forthis department?
Yes No
2. Has this person/firtn e�er been a city employee?
Yes No
3. Does this persoNfirtn possess a skill not nortnalty possessed by any
cwrent city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
�Initiating Problem, Issues�, OppoKUnity (Who, What, When, Where, Why):
Ad Vantaqe5 If App�OVed:
DisadvanWges IfApproved:
'" DisadvantageslfNotApproved:
�� TofalAmountof
- � Transaction:
Funtling Source:
� Pinanciallnformation:
(Explain)
March 31, 20(J5 11:55 AM
CosilRevenue Budgeted:
Activiiy Number.
Page 1
b5-3Z�
MINIJTES OF THE LEGISLATIVE HEARING
Bui's Asian Cuisine - 422 Uzriversity Avenue
Wednesday, March 30, 2005
Room 330 City HalUCourthouse
Mazcia Moermond, Legislative Hearing Officer
The hearing was called to order at 3:00 p.m.
STAFF PRESENT: Kristina 5chweinler, License, Inspections, Environmental Protection (LIEP);
JeffHawkins, LIEP
Marcia Moermond explained that this license application required neighborhood norification. She
had received one letter objecring to the issuance of this license, which necessitated a hearing.
There were three possible outcomes ofthis hearing: 1) the license would be issued without
conditions, 2) the license would be issued with conditions, 3) the matter would be referred to an
Administrafive Law Judge (AL�. The ALJ process could invoive four to six months and typically
the interested parties engage legal counsel.
Sam Bui and Ngoc Xiu Bui, applicants, were present.
Ms. Schweinler stated this was an applicarion for an on-sale beer (strong) malt, wine and a
restaurant license. It was reviewed by environmental health, licensing, fire and zoning and it was
recommended for approval with the condition that wine and beer be served in conjunction with
food and that they maintain the sixty (60) percent gross food sales as required by state statute and
city ordinance. This was the former locarion of Mai Village which had held a strong beer and wine
license.
Mr. Hawkins stated from a zoning perspective, the nse was exactly the same and the parking
requirements would continue to be the same.
Ms. Bui presented photos of the remodeled restaurant which had formerly been operated by her
parents. They intended to open a restaurant offering a variety of Asian cuisine and they believed
wine and beer would complement their food items. Their hours of operation would be Monday
through Thursday, 11:00 a.m. to 9:00 pm.; Friday, I 1:00 a.m. to 10:00 p.m., Saturday, 1030 a.m.
to 10:00 p.m. and Sunday, 1030 a.m. to 8:00 p.m., which would include a brunch on Saturday and
Sunday. No additional seating was added during the remodel.
Ms. Moermond stated she had received one letter objecting to the license from Mr. McCarly.
Steven McCarty, 468 Aurora Avenue, appeazed and stated he had lived in the area all his life. He
believed there were plenty of restaurant and liquor establishments in this neighborhood and he
objected to the addirion of any more. There were particular problems during the summer months
with hot rodding up and down University Avenue and trash that was left in the neighbarhood as a
result. Ms. Moermond asked whether he belonged to the district council ar any block clubs in the
area. Mr. McCarty responded that he did not.
(�
Bui's Asian Cuisine - 422 University Avenue
Page 2
Ms. Schweinler stated they were aware of the problems associated with Wolter's Liquor Stare and
had been continuously monitoring this properry.
Mr. Bui stated they had been on the landlord of the building to keep on top of cleaning up the trash
and litter that was continuously strewn about the building's properry. The other tenants in the
building didn't seem to have much concern over the appeazance of the property.
Ms. Bui stated she would like to see the liquor store move out of the neighborhood. She had
concerns with leaving the restaurant later at night as she felt threatened.
Mr. McCariy stated he lived on a cul-de-sac and there was constant bottles and trash thrown
throughout the neighborhood. He didn't believe the police should haue to monitar the behavior of
the patrons of the liquor store and that the liquor store should haue to take ownership. Ms.
Schweinler stated this was a problem that arose every spring and they would go out and talk to the
owner about the problems. The issue was once the liquor left the store, they didn't haue control as
to where it was going since it was an off=sale establishment.
Mr. McCarty stated there was an Xcel Energy transformer behind his house which served as a
cocktaii table for vagrants.
Ms. Schweinler clarified that this license was for beer and wine which could only be served in
conjunction with the meals they served.
Mr. Hawkins suggested Mr. McCarty contact the block ciubs, the district council, which have land-
use committees that deal with redevelopment issues, where he could bring his concerns and could
give his input.
Ms. Moermond stated she would contact Councilmember Montgomery's Office and request they
contact Xcel Engergy on putting up a fence around the transformer at Avon and Aurora to prevent
the public drinking at this location.
Mr. Hawkins stated he would investigate and file complaints concerning the liquor store and the
complaints concerning the trash and litter around the licensed premises. Ms. Schweinler agreed to
provide Mr. McCariy and Mr. Bui with a copy of the conditions placed on the liquor store.
Ms. Moermond recommended approving the license, with the one condition.
The hearing was adjourned at 3:45 p.m.
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