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05-771Council File # �s' �� ' Green Sheet # 3027727 �yr��i Presented by RESOLUTION SAINT PAUL, MINNESOTA /7 Referred To ' Committee Date WHEREAS, the Legislative Hearing Officer recommends that license application (ID # 20050000346) for Liquor Off Sale and Retail Food Crrocery licenses by Thomas Kokaisel, CEO, dba Mounds Liquor, 1047 Hudson Road, be approved with the following conditions: 1. Business owner will make all reasonable efforts to control litter in the azea and regulazly pickup trash on the properiy. 2. No sale of 40 ounce containers of malt liquor. 3. No sale of single service containers of malt liquor, nor sale of fortified wines, nor sale of half pints. 4. Signage to be posted that loitering is discouraged. 5. Per State of Minnesota Statute 340A.412, Subd. 14 - a liquor store may sell only the following items: 1) alcoholic beverages, 2) tobacco products; 3) ice, 4) beverages for mixing with intoxicating liquor, 5) soft drinks, 6) liqueur-filled candies, 7) food products that contain more than one-half of one percent alcohol by volume, 8) cork extraction devices, 9) books and videos on the use of alcoholic beverages, 10) magazines and other publications published primarily for information and education on alcoholic beverages, and 11) home brewing equipment. 6. Licensee will install video surveillance equipment prior to opening for business. 7. Licensee will maintain video surveillance equipment in good working order. Digital record or 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 ✓ Harris - � Aelgen � Lantry � Montgomery ,/ Thune ✓ �7 0 � Adopted by Council: Date J1 u��S � ��i `� 0 OS Adoption By: Approved By: Requested by Department o£ � Form Approved by City Attorney � Approved by Mayor for Submission to Council � Green Sheet Green Sheet O$- ��l Green Sheet Green Sheet Green Sheet Green Sheet � DepartrnefM/office/council: Date Initiated: co -���� +���-� Green Sheet NO: 3027727 Contact Person 8 Phone: Deoarhne� SentToPerson InitiaVDate Marcia Mcermond 0 ouncil 266-8560 p��yn 1 ounci7 De artmentDirector I Must Be on Council Agenda by (Date): Number Z � Cle k For Routing 3 Order 4 5 Tohal # of Signature Pages _(Ciip All Locations for Signature) , Action Requested: Approving license application, per the Legislative Hearing Officer, for Liquor Off Sale and Retail Food Grocery licenses for Kokaisel, Inc., doing business as Mounds Liquor, 1047 Hudson Road. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission �. Has this personffirm ever worked under a wntract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this personffirm possess a skill not normally possessed by any curcent city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): ' Advantages If Approved: � . 4NU114i11 �8��(�i� 48��t� DisadvantapeslfApproved: Disadvantaqes If Not Approved: - � ToWI Amount of CosURevBnue Budgeted: , . Tremaction: Fundinp Source: ActiviN Number. Financial I nfortnation: (F�cplainj os- ��l MINUTES OF LEGISLATIVE HEARING MOiTNDS LIQUOR-1047 HUDSON ROAD Friday, July 29, 2005 Room 330 Courthouse, 15 Kellogg Boulevard West Marcia Moermond, Legislative Hearing Officer The hearing was called to order at 135 p.m. STAFF PRESENT: Kristine Schweinler, License, Inspections, Environmental Protection (LIEP) Thomas Kokaisel appeared, CEO of Mounds Liquor. Marcia Moermond explained that the applicant applied for a Class N license, which means there was nofificafion to the neighborhood. She received two letters which Mr. Kokaisel should have copies of; however, Mr. Kokaisel responded that he did not get copies of either of the letters. (At this point, copies were provided to him.) One letter primarily talked about trash concerns, which is a common thing to hear about. The other letter is from the district council with a positive review of the application. Subsequently the district council got some ca11s, but they did not change their recommendarion. Ms. Moermond continued: this is a legislative hearing to give the City Councii a recommendation on this license. There are three possible outcomes she will recommend from this hearing: 1) issue the license, 2) issue the license with conditions, or 3) refer the matter to an Administrative Law Judge (ALJ). That is the course in the event that there are circumstances that cannot be addressed through conditions on the license or it would not wark at this particular location. Kristine Schweinler reported the application is for off sale liquor and retail food licenses for 1047 Hudson Road. Mr. Kokaisel signed four of the conditions, but a fifth condition was added that restates the 1Vlinnesota Statute that clarifies what type of food he can sell. This application has been approved by Zoning, Fire, and Environmental Health. Ms. Schweinler recommends approval of the license pending submittal of the liquor liability insurance and the signing of the conditions. Mr. Kokaisel stated this locarion was the former Mama's Pizza. CurrenUy, he owns the building and the one next door. There was a liquor store there, but the former owner of the business defaulted on his lease and leR a11 the equipment. The inside is remodeled: one side is a liquor store and the other an Italian restaurant. Mr. Kokaisel said he is familiar with the trash problem in the neighborhood and takes caze of his two buildings and a back parking lot, even though there aze problems with people dumping furniture and appliances. Ms. Moermond asked aze apartments there. Mr. Kokaisel responded there are two aparCments above. Ms. Moermond asked is there sufficient space in the parking lot to which Mr. Kokaisel responded no. There aze some people who park there when they come into the baz, the restaurant takes two spots (one for the owner and one for the delivery driver), and with the two tenants the lot is full. os- ��� LEGISLATIVE HEARING MINUTES FOR MOUNDS LIQUOR, July 29, 2005 Page 2 Ms. Moermond asked about hours. Mr. Kokaisei responded Monday through Thursday, 9:00 a.m. to 8:00 p.m.; and Friday and Saturday, 9:00 a.m. to 10:00 p.m. The only reason he picked 9:00 is to sa�e a little time on his delivery drivers because he gets his deliveries at the baz usually at about 9:00 and they can make one stop. Ms. Moermond asked is he responsible for the grounds keeping and picking up the trash. Mr. Kokaisel responded the swamper in the bar was takiug care of it, but Mr. Kokaisel was getting better results doing it himself. Ms. Moermond asked is there an outdoor garbage can. Mr. Kokaisel responded he has two 1 dumps for the baz, and the restaurant has one 1%z for gazbage and another one for cazdboazd. He plans to get yet another one to store the cazdboard. Ms. Moermond asked is there litter associated with the purchases there. , Mr. Kokaisel responded Eazl and Old Hudson is a busy intersection, so he does not think so. About six months ago, he started having some problems with new crowds coming into the bar. He called the East Side commander who sent tum to Tina McNamara, who does a walk through and drive-bys so everyone knows the police presence is there. This has helped considerably. Ms. Moermond asked has he seen double parking and parking at angles, as it is mentioned in a letter. Mr. Kokaisel responded no. Ms. Schweinler responded there is a convenience store on the corner of Earl and Old Hudson that generates some of the issues that the letter was addressing. It is a hang out for kids and consequently there is quite a bit of litter from that corner. Ms. Moermond asked does he have plans to hire additional security. Mr. Kokaisel responded he is putting a security system in the liquor store, which will include three cameras: one at the front door, one overlooking the view of the store, and one back at the register. This is computerized, so it will be on a disc. Ms. Moermond stated there is a condition put on some licenses to keep the security tape for a while, which she would like to add if he is agreeable. Sure, responded Mr. Kokaisel. Ms. Schweinler stated the digital system is different because the DVD extends the time that the record is maintained. Ms. Moermond asked how many spaces are in front of the building. Mr. Kokaisel responded the restaurant is take-out only. In the 15 minute zone, there are probably four pazking spots. Also, they opened up pazking on Hudson from Cypress to Earl on the other side of the street. Ms. Moermond responded they aze in good shape that way. Ms. Schweinler added that this is considered retail, so no additional pazking spots are required. Usually, they are servicing one or two customers in a short span of time, so parking shouldn't be an issue. Parking and litter were the main concerns in the letter, said Ms. Moermond. The District Council was not specific about other concerns they heard; therefore, Ms. Moermond will assume they were the same as she is already awaze of. It sounds like tlus business is set up well for easy pazk in front and out again business. She asked aze there time constraints for opening the business. Mr. Kokaisel responded that he is going to get a pernut to install a walk-in cooler, which will take about four weeks. The video equipment is ordered, so it will probably be in next week, and then it has to be installed. Ms. Moermond responded she was going to put in an os- 7'7l LEGISLATIVE HEARING MINUTES FOR MOUNDS LIQUOR, July 29, 2005 Page 3 installation date of September 1 as a condition on the license. Mr. Kokaisel responded that he is sure it would be in before that. Ms. Moermond recommends approval of the license with the following conditions: 1. Business owner will make all reasonable efforts to control litter in the area and regularly pickup trash on the property. 2. No sale of 40 ounce containers of malt liquor. 3. No sale of single service containers of malt liquor, nor sale of fortified wines, nor sale of half pints. 4. Signage to be posted that loitering is discouraged. 5. Per State of Minnesota Statute 340A.412, Subd. 14 - a liquor store may sell only the following items: (1) alcoholic beverages; (2) tobacco products; (3) ice; (4) beverages for mixing with intoxicating liquor; (5) soft drinks; (6) liqueur-filled candies; (7) food products that contain more than one-half of one percent alcohol by volume; (8) cork extraction devices; (9} books and videos on the use of alcoholic beverages; (10) magazines and other publications pubiished primarily for information and education on alcoholic beverages; and (11) home brewing equipment. 6. Licensee will install video surveillance equipment prior to opening for business. 7. Licensee will maintain video surveillance equipment in good working order. Digital record or tapes must be maintained for seven (7) days. The heazing was adjourned at 1:55 p.m. rrn