05-888Council File # ��O
Green Sheet # =
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA �3
Presented
1 WIIEREAS, Ry Phann of PYann Liquor Inc.�d/b/a Capitol Wine & Spirit (ID# 20040000866) applied to Office of
2 License, Inspections and Environmental Protection to have the following condition removed from his license 2. The
3 Zicensee shall se11 no for[�ed beers or 40 oz. bottles; and
4 Wf3EREAS, the Office of Licence, Inspections and Environmental Protection (LIEP) conducted a neighborhood
5 notification regazding this request and the Legislative Hearing Officer subsequently received two letters of objection
6 about the removal of this condirion; and
7 WHEREAS, a legislative hea.ring was conducted on July 25, 2005 where testimony was received from the license
8 holder who indicated 1) his customers would like the option to purchase this size container of fortified beers; 2) his
9 competitors aze not circumscribed by this type of condition on their licenses; and 3) the good business citizenship he
10 has demonstrated; and
11 WHEREAS, testimony from the district council, a neighbor and the letters received indicated concems about the
12 propensity for the public consumption of this size container of malt beverage and subsequent litter generated
13 therefrom; and
14 WHEREAS, the Legislative Hearing Officer recommended a four month h period for the removal of this
15 condition from the license in which the license holder would document sales, and the City would track complaints
16 of public consumption of alcohol and related nuisance behaviors, such as the dumping of this size container in the
17 area; now
18 T'HEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves the lifting of this
19 condition from this license for a period of four months commencing September 23, 2005 in which sales of fortified
20 beers and 40 ounce containers, complaints of public consumption of alcohol and related nuisance behaviars (such as
21 loitering in the area, littering with theses bottles and paper bags, urinating in public, harassing other businesses'
22 customer and area pedestrians) will all be tracked; and
23 RESOLVED, that the Council refers the matter back to legislative hearing on January 24, 2006, for the development
24 of a recommendation of the continuation of this temporary removal of this license condition.
Yeas Nays I Absent I
By:
Benanav ✓
Bostrom �/
Hanis
Hel en ✓
Lan ✓
Mont ome
Thune ✓
�
Adopted by Council: Date
✓
✓
Requested by Department of:
�
Form Approved by City Attorney
�
� Approved by Mayor for Submission to Council
Adoption Certified by Council Secretary
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
/'K-StStR
DePartme�office/council: Date Initiated: •••� •• _ —
co -�� 21SEP-05 Green Sheet NO: 3028099
Conqct Person & Phone: ���M SeM To Person InitiallDate
Councilmember Martgortiery � 0 ooncl
��� Assign 1 omcil De rtmeutDirector
Must Be on Couneil Agenda by (Date): Number 2 • C1erk
28-SEP-0S Fw
Roudng 3
Order 4
5
Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Temporazilyremoving a condition, per theI,egislative Hearing Officer, &om the liquor license ofCapitol Wine & Spirit and referring ihe
matter back to a Legislative Hearing on January 24, 2006.
RecommendaGons: Approve (A) or Reject (R): Personal Service Contraets Must Answer the Following puestions:
Planning Commission 1. Has this persoNfirtn ever worked under a coMract tor this department?
CIB Committee Yes No
Civil Service Commission 2. Has this persoNfirm ever been a city employee?
Yes No
3. Dces this persoNfirm possess a skill not normally possessed by any
curteM cily employee?
Yes No
Explain ail yes a�wers on separate sheet and attaeh to green sheet
Initiating Problem, lssues, Opport�nity (Who, What, When, Where, Why):
AdvanWges H Approved: �
Disadvanqges If Approved:
Disadvantages If Not Approved:
Total Amount of _ CosNRevenue Budgeted:
Transaction:
Funding Source: Activily Number:
Financiai lnformation:
(Explain)
�5- S$�
MINi.JTES OF TI� LEGISLATIVE HEARING
Phann Liquor Inc, d/b/a Capitol Wine & Spirit, 531 Rice Street
Monday, July 25, 2005
Room 330 City Ha1UCourthouse
Mazcia Moermond, I.egislative Hearing Officer
The hearing was called to order at 11:OS am.
STAFF PRESENT: Cluistine Rozek, License, Inspections and Environmental Pxotection (LIEP);
Jean Birkholz, City Council Offices.
OTF3ERS PRESENT: Ry Phann, 531 Rice Street, 55103; Brian Alton, McClay, Alton, PLLP,
951 Grand Avenue, 55105; Boa Lee, District 7 Planning Council, 689 Dale Street North, 55103;
and Gail Mollner, 158 Chazles Avenue, 55103.
Marcia Moermond stated that this meeting is a public hearing to deternune whether Mr. Ry
Phann, the applicant, can have a condition removed from his existing License Conditions. The
condition in question is
2. The licensee shall sell no fortified beers or 40 oz. bottles.
Ms. Moermond noted that she received two (2) letters of objecrion to this license request. She
asked Christine Rozek (LIEP), to provide a staff report.
Ms. Rozek reported that this is a request to have an original condition removed. Mr. Phann
requested three (3) licenses in Juue, 2004 for Phann Liquor Inc. d/b/a Capitol Wine & Spirit: 1)
Liquor — Off Sale; 2) Retail Food Establishment-B; 3) Cigarette/ Tobacco. There have been no
complaints and very few police calls to this address within the past year. Because everything
seems to be going so well for Mr. Phann, LIEP recommends leaving things as they are and
denying Mr. Phann's request for the removal of condition #2 (The licensee sha11 sell no fortified
beers of 40 oz. bottles). Ms. Rozek recalled last year's hearing when many neighbors objected to
Mr. Phann getting an Off-Sa1e Liquor License. They were very concerned about how the selling
of additional alcohol would affect their neighborhood.
Mr. Phann testified that not being able to sell fortified beers hurts his business. Other stores in
the neighborhood have it, and the people who put on / attend Hmong festivals and
celebrationswould like to purchase this product from him.
Mr. Brian Alton, attorney representing Mr. Phann, contended that tlus condition puts Mr. Phann
at a compefitive disadvantage, especially when Hmong celebrations occur and people want to be
able to buy 40 oz. bottled beer from him. Mr. Alton noted that Mr. Phann has run a very good
family business this yeaz. He is there neazly all of the time and he has done a lot to improve the
site, like cieaning up the pazking lot, eta It would help him out considerably if he were able to
sell fortified beers.
Ms. Boa Lee, District 7 Planning Council, testified that their office received one (1) ca11 in
opposirion to the removal of this condifion.
� ;: •
LEGISLATIVE HEARING MINUT'ES - Phann Liquor Inc.- July 25, 2005
Ms. Gail Mollner testified that she very much appreciates the respect that Mr. Phann shows to his
clients and how he runs his business, but she thinks that the neighborhood is not mature enough
to handle this beverage (40 oz. fortified beers).
Ms. Rozek reported that Mr. Phann is in compliance, but she added that the 40 oz. bottle tends to
be broken open even before people leave the store.
Mr. Alton added that Mr. Phann provides a police officer on duty Friday and Saturday nights.
Mr. Phann also takes care of cleaning-up the outside of his business azea. He can't however,
control the behavior of his customers.
Ms. Rozek reiterated that LIEP does not recommend a change.
Ms. Moermond asked if it were possible to do a"limited" condition. She understands that there
is a lot of competition. She would like Mr. Phann to hy it for a while to see how it works. Ms.
Rozek agreed that might be a possibility.
Ms. Mollner asked if Mr. Phann had done a study on approximately how much business and
money he was losing because he was not selling the 40 oz. beers. Mr. Phann answered that he
had not. Mr. Alton stated that was a difficult thing to do with small businesses. Even though
there was no formal study done, Mr. Phann knows from speaking with his customers that he
could do a better business if he could sell fortified beers.
Ms. Moermond asked Mr. Phann if he turns away intoxicated people. Mr. Phann replied that he
never sells to underage or intoxicated people.
Ms. Moermond stated that she will recommend a four (4) month lift of condition #2 if Mr. Phann
would agree to track the sales of 40 oz. fortified beers. Mr. Phann agreed. The City will track
the nuisance calls, etc., In four (4) months, this will be reviewed. We will have the City
Council refer it back to the Legislative Hearing Officer.
The hearing was adjourned at 11:26 a.m.
/jab