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05-952Council File # � S 9s� � Green Sheet #30Zg�� RESOLUTION CITY OF SAINT PAUL, MINNESOTA �y Presented Referred To Committee Date WHEREAS, the Legislative Hearing Officer recommends that the license application (20040003727) for Liquor on Sale, Liquor on Sate-Sunday, Liquar on Sale 2 a.m. Option, Malt Off Sate, Entertainment B, Restaurant more than 12 seats, Gambling Location, and Cigarette/Tobacco Licenses by Moonlight Magic, Inc., doing business as Moonlight, 601 Western Avenue North, be approved with the following conditions: 1. All patrons will be checked for weapons (wanded) prior to enhy, while security is on duty. 2. Bar employees will police a one-block radius from the business once each morning for trash and bottle pick-up. 3. OnIy the two doors facing Thomas Avenue shall be used as an entrance and exit. A11 other doors must be equipped with an alarm and used as emergency exits only. 4. The license holder will empioy properly trained security personnel who will be on duty every Friday and Saturday from 9:00 p.m. to closing. The security guards will adhere to the following guidelines: a. The security guards will not socialize with patrons and will not be allowed to drink alcoholic beverages while on duty. b. The security guards will wear identifying clothing. a The security guards will conduct outside sweeps of the building and at least twice an hour, while on duty ', disperse or discourage loitering adjacent to the licensed establishment. d. There must be at least one security guard at the front door during business hours. All additional security guards aze at the discretion of the licensee, but there should never be less than four security guazds on the premises during business hours after 9:00 p.m. 5. Criminal histories or background checks will be conducted by management on all security personnel. 6. The license holder must maintain video surveillance cameras inside and outside the establishxnent. The video must be recorded each business day and then stored for no less than seven days. Tapes will be immediately available to SPPD and/or LIEP when requested. Failure to provide the tapes will be grounds for adverse action against all licenses. 7. A video surveillance camera must be installed at the front entrance on Thomas Avenue. The camera must face the Thomas/Western corner and is to be installed and in working order by November 26, 2005. A sign must be posted to notify patrons of the video surveillance. 8. All employees and management will attend alcohol awareness training. 9. The establishment will close no later than 2:00 a.m. every night. Last call will be 130 a.m. All patrons must exit by 230 a.m. No bottles or open containers will be allowed to leave the establishment. 10. The license holder will only carry malt off-sale items in cans. 11. Signs inside the establishment will be posted encouraging patrons to be respectful of the neighborhood when exiting the baz. Announcements will be made at bar close encouraging patrons to respect the neighborhood when exiting. THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application with the aforementioned conditions. -1- d� ��� Yeas Nays Absent Benanav �/ Bostrom � Harris � Helgen y Lantry ,i Montgomery � Thune � .7 Ld o� Adopted by Council: Date �T��� /�� o�,//�.S' Adoption By: Approved By: Requested by Department of: � Form Approved by City Attorney � Approved by Mayor for Submission to Council � d� � Green Sheet Green Sheet OS- 9S� Green Sheet Green Sheet Green Sheet Green Sheet � DepartrnefM/office/councii: Date initiated: co ��� o��T-05 Green Sheet NO: 3028332 Contact Person & Phone• Deoar6neM Serk To Person InitiaUDate Marcia Mcertnond � 0 ouucil 2 � 8 �� ASSign 1 ouncil De ar[ment Director Must Be on Council Agenda by (Date): Number 2 � Cierk For Routing 3 Order 4 5 Total # of Signature Pages _(Clip All Locations for SignaWre) Action Requested: Approving the license applicarion with conditions, per the Legislative Hearing Officer, for Liquor On Sale, Liquor on Sale-Sunday, Liquor on Sale 2 a.m. Option, Malt Off Sa1e, Entertainwent B, Restaurant-More than 12 Seau, Gambling Locarion and Cigazette/Tobacco Licenses by Moonlight Matgic, Inc., dba Moonlight, 601 Westem Avenue North. Recommentlations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Pollowing Questions: Planning Commission 1. Has this personffirm everworked under a contract for this departmenY? CIB Committee Yes No Civil Service Commission � 2. Has this perso�rm ever been a city employee? . Yes No 3. Does this person�rm possess a skill not normally possessed by any current city employee? Yes No E�cplain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: . n48f ��'Disadvanh�ges If Approved: � ��� OCT 0 DisadvanWAes If Not Approved: - . ' � f Total Amount of CosHRevenue Budgeted: - Transaction: Funding Source: , Activity Number. . Financial I nformation: (6cplain) . �'-1e,� \� CS-G�2, MINUTES OF THE LEGISLATIVE HEARING MOONLIGHT — 601 Westem Avenue North Thursday, September 1, 2005 Room 330 Courthouse, 15 Kellogg Boulevard West Marcia Moermond, Legislative Hearing Officer STAFF PRESENT: Kristine Schweinler and Christine Rozek, LIEP The hearing was called to order at 3:00 p.m. The following appeared: Pao Yang, owner, and Kham Yang, owner's brother. Mazcia Moermond explained that the owner has applied for licenses, some of which require the neighborhood to be notified. There were severalletters received regarding the issuance of the licenses. There are three possible outcomes from today's hearing that she could recommend to the City Council: 1) grant the licenses without conditions, 2) grant the licenses with conditions, which the applicant agrees to, 3) send this matter to an Administrarive Law Judge. The last one would be used if Ms. Moermond felt there were conditions necessary for this business to work at this locarion, but the applicant was not agreeable to them or there is no way that these licenses will work. Kristine Schweinler reported this is an applicafion for Moonlight Magic, Incorporated, doing business as Moonlight located at 601 Western Avenue North. The application is for an Liquor On Sale, Liquor On Sale-Sunday, Liquor On Sa1e 2 a.m. Closing, Malt Off Sale, Entertainment B, Restaurant More than 12 seats (B), Gambling Location, and Cigarette/Tobacco licenses. In answer to several questions, Ms. Schweinler responded that the 2 am. option is issued by the state. Ms. Rozek responded the City does not have to automatically grant it. Ms. Moermond stated that one of the letters mentioned a malt off sale license across the street. Ms. Schweinier responded that is conect. Ms. Moermond asked what the Entertainment B and gambling location allows. Ms. Schweinler responded it allows for taped electronically produced live music without limitation to the number of perforxner and dancing by patrons of the establishment. The Gambling Location lets the business allow charitable organizations to sell pull tabs and tip boards in the establishment. Ms. Moermond stated there were a number of conditions suggested by staf£ Ms. Rozek responded these were the conditions suggested for Lucy's (previous license at this location); however they were not placed on that license. The next sheet has the conditions suggested by the neighborhood organizations. Also, it says at the top of the second sheet that "There is adverse action pending..."; however, there is no adverse action pending at this time. There was a shooting under the current management. Kham Yang stated they open at about 6:00 at night. Downstairs is the bar. Upstairs is a dance floor and is open Friday and Saturday. They start at 9:00 p.m. There is no dancing in the lower level, which has karaoke and pool tables. The Fire Inspection says one room is 80 people, another room is about 100 people. It depends on the space because it is not just open space. Pao o5-95a LEGISLATIVE HEARING MINUTES FOR MOONLIGHT, 9-1-05 Page 2 Yang stated they can have about 350 to 400 people up and docvn. The closing time is currently 2:00 a.m. On weekdays, they wiil just open the downstairs floor. Ms. Moermond asked about parking. Pao Yang responded there aze about 15 cars in the back of the building. Ms. Rozek added that she checked with zoning, and the owner is in compliance with the pazking; therefore, no additional pazking is needed. Ms. Schweinler added that it is a continual use of what has been there for years. It is grandfathered in. Ms. Moermond stated she has a letter indicating it is within 350 feet of the elementary school. Ms. Schweinler responded it is grandfathered and this location existed before that ordinance. Ms. Moermond asked how long this has been an opera6ng baz, to which several people responded a"long time," "100 yeazs," "during prohibition." He saw the letters, said Pao Yang. There is a lot of trash. He does not know the past with Lucy's, but he is trying to clean it up. It is part of their condition. There aze not a lot of parking spaces. Customers do use the street for parking. Walter Stull, Executive Directar at New Spirit Schools, 260 Edmund Avenue, appeared and stated he would like to clarify some things because when he opposed (in his letter) he was not aware of some things. New Spirit School is not within 300 yards, but Jackson Elementary is. When he first heard about this, he didn't lrnow they were continuing the other license. Ms. Rozek responded they aze continuing the use; however, it is a new license application. It is the use that is grandfathered in. Mr. Stull stated the concern was the liquor establishment being so close to school grounds. If they are not open during the day, then it is not a big probiem with the school, although Jackson may have some evening events. (No one else wanted to speak in opposition.) Ms. Moermond mentioned the additional letters in opposition: Patrick Bryan, Principal at Jackson Preparatory Magnet School, 437 Edmund Avenue; Thong Vue, 374 Lafond Avenue; Dawn Nelson, 695 Farrington Street; Gayle L. Koran, 591 Virginia Street; George T. Mitchell, 399 Thomas Avenue (mentions petition attached, but one was not attached); Clem and Lisa Wright, 407 Thomas Avenue (mentions petition attached, but one was not attached). Bao Lee, District 7 Planning Council, 689 Dale Street North, appeared and stated they had a meeting in July regarding this application. People approved of granting the license with a long list of condifions. They do not regularly receive complaints about this business. A lot of people have a�iety over violence, and there was a shooting last year, which perhaps the owner had no control over, as it was outside. Because he already had security people there and some of the conditions in place, it shows that he cares what the neighborhood thinks. The only clarification is the gambling. There was some confusion about what the gambling entails. They are involved in the neighborhood, they caze about what happens. Last year, they had a Halloween party with the kids. Peopie feel it is better than when it was Lucy's. Ms. Moermond asked the applicants haue they seen the list of conditions from the District Councii. Kham Yang responded they agree with all of them. 05- 95� LEGISLATIVE HEARING MINUTES FOR MOONLIGHT, 9-1-05 Page 3 Ms. Moermond staxed there was a fair bit of commentary in the letters about open containers leaving the establishment. Visually, it is hard to monitor whether there is a cap on or not when someone is leaving the establishment. Ms. Schweinler responded most of the 3.2 beers aze in the 40 ounce bottles. Most bazs have six packs (for off-sale). They can't be in an open container and have to be consumed on a person's own premise. Ms. Rozek suggested a condition that talks about drinks leaving the establishment. This is just a repetition of law. LIEP Condition 8- The licensee will lock the doors of the establishment at 12: 30 a.m. No additional patrons will be allowed entry or re-entry after that time. However, with proper identifzcation, police officers and inspection personnel will not be denied entry. - Ms. Schweinler stated this should be changed to read 130, and it is LIEP's recommendation that they give last call at 130. Pao Yang responded it is 1:00 right now and last call for liquor is at 1:45 and the doors are shut at 1:00. He is agreeable to that condition. So the City Council knows what the business is already doing, said Ms. Moermond, she would like to go over all the conditions on the license. Neighborhood Condition 1—All patrons checked and wanted prior to entry. Pao Yang said they do this now. Neighborhood Condition 2- Bar employees will daily police a one-block radius from the business once each morning for trash and bottle pickup. - Pao Yang said he is already doing this before noon. Ms. Moermond said kids start schooi and start showing up between 7:00 a.m. and 9:00 a.m. and the bar is closed at 2:00. This leaves an awful window between 2:00 a.m. and noon. They may be cleaning it up after kids are seeing it in the morning. The Yangs responded that Friday and Saturday night are their big nights. They can go around the block of the school. They changed the hours from 2:00 p.m. to 6:00 p.m. because the kids would be home. Lucy's operated at 2:00. Neighborhood Condition 3, Only the two doors facing Thomas Avenue shall be used as an entrance and exit. All other doors must be equipped with an alarm and used as emergency exits only. - The Yangs responded this is being done. Neighborhood Condition 4, The Zicense holder will employ properly trained securiry personnel who will be on duty every Friday and Saturday from 9: 00 p.m. to closing. The securiry guards will adhere to the following guidelines: a. The security guards will not socialize with patrons and will not be allowed to drink alcoholic beverages while on duty. b. The security guards will wear identifying clothing. c. The security guards will conduct outside sweeps of the building and at least twice an hour, while on duty and weather permitting, to disperse or discourage loitering adjacent to the licensed establishment. d. There must be at Zeast one security guard at the front door during business hours. All additional security guards are at the discretfon of the licensee, but there should never be less than four security guards on the premises during business hours after 9: 00 p. m. - Pao Yang responded they have security guazds every day. They are aiready doing in Condirion 4. Neighborhood Condition 5, Criminal history or background checks will be conducted on all security personnel. — Pao Yang stated their company is Interstate Security. �-45a LEGISLATIVE HEARING MINUTES FOR MOONLIGHT, 9-1-05 Page 4 Neighborhood Condition 6, The License holder must maintain video surveiZlance cameras inside and outside the establishment. The video must be recorded each business day and then stored for no Zess than 7 days. Neighborhood Condition 7—A video surveillance camera must be installed on the fi�ont entrance on Thomas Avenue. The camera must face the ThomasiWestern corner and is to be installed and in working order by November 26, 2005. - Kham Yang said they have two by the main baz, one facing the parking lot, one on the main dance floor upstairs, and one on the back door upstairs. Ms. Rozek added that tape must be immediately available upon request by the police or LIEP and it will be grounds for adverse action if the tape is not available. Pao Yang said they will be putting in another one outside by October 31, 2005. Ms. Moermond stated she would like to add this as a condition. Neighborhood Condition 8— All employees and management will attend alcohol awarent h-aining. — Ms. Moermond stated this is standard. Neighborhood Condition 9— The establishment will close no later than 2 a. m. every night. - Ms. Rozek clarified the 2 a.m. closing: sales have to stop at 2:00 and everyone has to be out by 2:30. Neighborhood Condition 10 — The license holder will only carry malt off-sale items in cans. — Pao Yang said he is agreeable to that. (Ms. Moermond looked at the Conditions 5, 8, and 13 on a similazly structured license.) Condition S. Management anc� security personnel will insure that patrons do not leave enmasse, but rather, management and security will encourage patrons to leave in an orderly and controlled manner between 1:15 a. m. and 2:15 a. m. Ms. Rozek responded that it is not uncommon for bars to have 400 people leaving at the same time. This condition may, however, just spread out the noise. Ms. Schweinler added that this is not something easily enforced. When people aze leaving all at once, it may be that noise gets over with more quickly. Ms. Moermond responded she will not add this as a recommended condition. Condition 8. Provide security personnel to promote the orderly behavior of patrons and Zeaving the premises. Ms. Moermond said this is covered in some of the other conditions. Ms. Schweinler responded that they could encourage the d.j.'s to tell people to leave in an orderly fashion. Ms. Rozek said some of the bars have signs to encourage people to leave in an orderly fashion. Ms. Moermond asked would they be willing to post a sign and to haue a d.j. or band tell people to remember they are in a residential neighborhood and respect the neighbors. Condition 13 — Signage shall be posted on the exterior of the building to notify patrons that the area may be under video surveillance. Ms. Rozek responded this may be a requirement of state law. Ms. Moermond asked are they comfortable with a11 the condirions. Pao Yang responded yes. Ms. Moermond recommends approval of the license application with the foilowing conditions: 1. All patrons will be checked for weapons (wanded) prior to entry and re-entry. 2. Baz employees will police a one-block radius from the business once each morning for trash and bottle pick-up. 3. Only the two doors facing Thomas Avenue shall be used as an entrance and exit. All other doors must be equipped with an alarm and used as emergency exits only. 4. The license holder will employ properly trained security personnel who will be on duty every Friday and Saturday from 9:00 p.m. to Closing. The security guards will adhere to the following guidelines: LEGISLATIVE HEARiNG MINUTES FOR MOOfVLIGHT, 9-1-05 � - Page 5 a. The security guards will not socialize with patrons and will not be allowed to drink alcoholic beverages while on duty. Q 7 0 10. 11. b. The securiTy guards will wear identifying clothing. c. The securiTy guards will conduct outside sweeps of the building and at least twice an hour, while on duty and weather pemutting, to disperse or discourage loitering adjacent to the licensed establishxnent. d. There must be at least one security guard at the front door during business hours. All additional security guards are at the discretion of the licensee, but there should never be less than four security guards on the premises during business hours after 9:00 pm. Crinunal histories or background checks will be conducted by management on all security personnel. The license holder must maintain video surveillance cameras inside and outside the establishment. The video must be recorded each business day and then stored for no less than seven days. Tapes will be immediately available to SPPD and/or LIEP when requested. Failure to provide the tapes will be grounds for adverse action against all licenses. A video surveillance camera must be installed at the front entrance on Thomas Avenue. The camera must face the Thomas/Western corner and is to be installed and in working order by November 26, 2005. A sign must be posted to notify patrons of the video surveillance. All employees and management will attend alcohol awazeness training. The establishment will close no later than 2:00 a.m. every night. Last call will be 130 a.m. All patrons must exit by 230 a.m. No bottles or open containers will be allowed to leave the establishment. The license holder will only carry malt off-sale items in cans. Signs inside the establishment will be posted encouraging patrons to be respectful of the neighbarhood when exiting the baz. Announcements will be made at bar close encouraging patrons to respect the neighborhood when exiting. The hearing was adjourned at 3:45 p.m. Ci'r'i1