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06-1039Council File # Dy—/fJ3 Green Sheet # 3034343 RESOLUTION Presented f OF SAINT PAUL, MINNESOTA iv�,/ '1 WI3EREAS, the Legislative Hearing Officer recommends that a request for a(ID #20060002188) Liquor Off- Sale, Retail Food Grocery 101-1000 sq. ft., and Cigarette/1'obacco Licenses for Royal Steiners Liquor, Tnc., by L,ee Xiong, doing business as Liquors, 137 Maryland Avenue West, be approved with the following condition: Per State of Minnesota Statute 340A.412, Subd. 14) — a liquor store may sell oniy 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 primazily for information and education on alcoholic beverages; and (11) home brewing equipment. THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application. Yeas Nays Absent Benanav � Bostrom � Harris � Helgen ,/ Lantry � Montgomery � 1"hune ,/ s O o� ,� i AdoptedbyCauncil: Date �!/Jv'j,°r�Fl�u- 1��L�/P Adoption Certified by Council Secrefary � � Requested by Department of: � Form Approved by City Attomey � Approved by Mayor for Submission to Council � ApprovedbyMayor: Date �`�.--d "'"'�1�-��-�iJ ((�Z_d�06 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DG - /D 3 � rK.� Contaet Person & Phone: Marcia MceimwM 266-8570 Must Be on Council Agen� 1SNOV-06 Doc.Type: RESOLUiION EAocument Required: Y DocumentContact: ,l�nBirkholz Contact Phone: 266-9673 �� -� 1 Green Sheet NO: 3034343 � DePartrnent SentToPerson InitiallDate 0 oa N A55ign 1 ou N De a ent D'vMOr Number z For 3 Routing Order 4 5 r Ierk Total # of Signat Pag _(C lip All L for Sig Action Requested: Approving the license application with a condiGon, per the Legislative Hearing Officer, for Liquor Off-Sale, Retail Food Grocery 101- 1000 sq. ft. and Cigazette/Tobacco Lice�ses by Royal Steiners Liquot, Inc., Lee Xiong, owner, doing business as Liquors, 137 Maryland Avenue West. RecommerWffiions: Appro�e (A) or R Planning Commission CIB Committee (�til Service Commission 1. Has this person/firtn e�er worked under a contract for this departmeM? Yes No 2. Has this person/5rtri e�er been a city employee? � Yes No 3_ Does this persoNfirtn possess a skill rrot nortnally possessed by any cufmnt city employee? Yes No Explain all yes answers on separate sheet and attach to green sheek Initiating Problem, Issues, Opportunily (Who, What, When, Where, Why): Advantages B Approved: Disadvantages If Approved: � Disadvantages IFNotApproved: Totai Amount nf Trensaction: Funding Source: Financial Infortnation: (Explain) CosURevenue Budgeted: ActivityNumber: ��+��'�`'��'°`� ��'�� :�. �. , �.. : .,.,�'. November 6, 2006 3:42 PM Page 1 v� /03 9 MINUTES OF THE LICENSE HEARING Royal Steiners Liquor, Inc. dba Liquors at 137 Maryland Avenue West Tuesday, October 31, 2006, 3:00 p.m. 330 City Hall, 15 Kellogg Boulevard West Mazcia Moermond, Legislative Hearing Officer The hearing was called to order at 3:08 p.m. Staff Present: Reid Soley and Kristina Schweinler, License, Inspections and Environmental Protecfion (LIEP); and Jean Birkholz, Council Research. Others Present: Lee Xiong, owner and True Yang, co-lessee of the premises License: Liquor Off-Sale, Retail Food Grocery 101-1000 sq. ft., and Cigarette/Tobacco licenses (Change of Ownership) Ms. Moermond stated that this license application is for a Ciass N License which requires neighborhood notification. The City received one letter of support and one letter of concern which means that a Legislative Heazing is necessary. At today's hearing, Ms. Moermond would like to talk about how some of the neighbors' concerns might be addressed. There aze three (3) possible outcomes of this hearing: 1) Ms. Moermond could recommend to the City Council that they issue this license without any conditions; 2) recommend to the City Council that they issue this license with agreed upon conditions; or 3) recommend to the City Council that they refer this matter to an Administrative Law Judge. Reid Soley, license inspector, LIEP, provided the staff report: Lee Xiong is the president and the sole applicant for this license. He is also the sole owner of shazes in the corporation, Royal Steiners Liquor, Inc. Staff recommended approval with the foilowing condition: 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; and with an understanding of the interest in this business of True Yang and Hue Yang, co-lessees of the premises. (There are three (3) signers on the assignment of the lease.) Staff is concerned about True Yang and Hue Yang's interest in this business. Ms. Moermond asked staff if the foilowing requirements that were listed in the September 5, 20061etter to the applicant have been met: - Submit proof of liquor liability insurance (effective for one yeaz from the date of issuance). - Sign and return the enclosed affidavit acknowledging the conditions that will be placed on your license. Obtain LIEP Environmental Health approval (651-266-9141) and pay the LIEP Environmental Health Plan Review Fee for change of ownership. Mr. Soley replied that the affidavit has not been signed and proof of insurance has not yet been received. O� '/0 3 � Ms. Moermond asked Mr. Xiong about the business. Mr. Xiong stated that the business will remain the same. He plans to make it mandatory for everyone to show their I.D. A Purchase Agreement has been signed; now, he is waiting to get the license. This is a new type of business for Mr. Xiong. His backgound is with owning an employment agency. Mr. Xiong will work in the store full time. He is leasing the building. The landlord requested that Mr. Xiong have a co-signer on the lease, so True Yang, Mr. Xiong's fiancee, and Hue Yang, True Yang's father, have also signed the lease. The landlord considered Mr. Xiong and True Yang to be too young to be the only signers of the lease. Neither True Yang or Hue Yang has an interest in the business beyond the lease. Mr. Moermond asked if their rent payment would be the same or higher than Steiners Liquor had to pay. Mr. Xiong replied that the rent payment would be the same. Mr. Moermond stated that one of the concerns in the letter is people buying liquor and drinking it in the same azea; then, discazding the bottles neazby. Another concem is people panhandling to buy liquor. A related behavior is urinating in public. Suggestions to businesses to help alleviate these problems includes not selling 40 oz bottles of malt liquor, not seliing to people who are already intoxicated, providing a trash container and picking up trash on the premises. Ms. Kerry Antrim, District Six Planning Council, commented that this is a shopping strip ma11 where there are many places of business, so, the trash in the area can not a11 be attributed to the liquor store patrons. Ms. Kerry Antrim stated that Mr. Xiong did attend their September ]and use neighborhood meeting. The neighborhood was flyered and there was no response from any of the neighbors, including Dr. Sheehan. The District Six Plamziug Council has no set issues or problems with this particular change of ownership. She noted that the district does believe that Dr. Sheehan's concerns aze legitimate but they aze also very cautious about attributing all of the bad behavior of some people entirely to the patrons of Steiners Liquor Store. District Six is also concerned about holding this change of ownership business to a higher standazd than other liquor stores in the area. They are not asking that this business stop selling 40 oz malt liquor unless all the other liquor stores in the North End f Saint Paul are required to stop selling 40 oz as well. Ms. Moermond recommends approval with the condition stated. The hearing was adjourned at 3:37 p.m. /jab