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06-191Council File # �9 � �� Green Sheet # 3029731 PAUL, MINNESOTA �.� Presented by Referred To Committee Date WIIEREAS, the Legislative Hearing Officer recommends that a request to modify the conditions of an existing license (ID # 0017792) Liquor On Sale, Liquor On Sale Sunday, Entertainment A, Restaurant Limited, Gambling Location, and Cigarette/Tobacco License for Mr. C's Inc., Rudy Cervantez, owner, doing business as Mr. C's at 429 Robert Street South, be approved with the following changes (in bold): l. There are to be no patrons admitted to the establishment after 1230 a.m. and patrons who have left are not to reenter after that. 2. Licensee will provide staff at each entrance to monitor activity and wand for weapons, nightly from 9:00 p.m. to closing. 3. Management will provide the names and dates of birth of all employees and security personnel to LIEP for purposes of running a background check. LIEP must be notified of changes in personnel and this information will be supplied for all new employees prior to their start date. 4. Interior and exterior video surveillance cameras must be operating during all hours the establishment is open. Tapes must be saved for a period of at least 14 days, and the dates and times of recording must be accurate and visible on the videotapes. 5. Licensee must maintain a list of patrons who have been banned from the establishment for assaultive, disorderly or disruptive behavior. The list must, at a minimum, contain a name and descriprion of the banned patron as well as the date they were advised they were banned. No persons who are on the list shall be permitted to be in the establishment or remain on the grounds. This list shall be submitted to LIEP monthly. 6. Loitering in the parking lot shall not be permitted. The parking lot must be regularly patrolled to insure compliance with this condition. Litter on and around the premises is to be picked up daily. (# 8 has been eliminated.) THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this modification. �-�� Yeas Nays Absent Benanav � Bostrom �/ Harris i/ Helgen ✓ Lantry � Montgomery �/ Thune � � � Adopted by Council: Date � Adoption Certifie � ouncil cretary By: > ApprovedbyMy : at � By: Requested by Department of: � Form Approved by City Attomey � Approved by Mayor for Submission to Council � -001'V'I. JOURNRL- MODE = MEMORY TRRNSMISSION FILE NO.= 249 N0. COM ABHWMLM STRTION hG1ME/ � TELEPHONE N0. �1 OfC s 929PA19? DRTE FEB-24-2006 ***** TIME 12�49 **� P.01 STPRT=FEB-24 12�46 END=FEB-24 12:48 PRGES PRG.NO. PROGRRM.hG1ME [��.ifd'•t1 -CITY OF SPINT PRUL - m�*��k��**M*��* -651 266 8574 -+�� - 651 266 8574- ��*+��** � CITY OF SAINT PAUL OFFICE OF TAE C1TY COUNCII. F4CSI11�LE TRATiSI�XiSSION COVER SHEET To: � �v��. FROM: � � /�.ril'SdN�. p.�� %� s�/�i9 xE: � � ��i/ na,r�_ °? �c Nptea Facsimile operator, please deliver this transmusion to the above addressee. It you did not receive all of the pages in good condirion, _ please advise 3anie Lafrenz at (651) 266-8560 at your eaa�$est soavenieace. . 1'hank you- vIIMgEg Og PAGES (INCLTJ�TNG THIS PAGE): � cmfu,u. TI�2D FLOOR SAIITf PAUL. NfINNE50TA 55102 � pnnre0anietydeOF� � Green-Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � co -�o��u ContactPerson & Phone: Marcia MaertnoM 2668570 Contrad Type; RE-f2ESOLlJT10N Date Mitiated: � ,�.�6� Green Sheet NO: 3029731� .' ueuaraneni aenc �a rerson 0 l Assigo 1 aeoal ntDir Num6er 2 For Routing 3 Order < 5 Total # of Sgnature Pages _(Clip All Locations for Signature) Modifying tUe conditions of the existing Liquor On Sale, Liquoi On Sale Sunday, Entertau�ment A, Restautant Limited, Crmnbling Lacarion, and CigarettGTobacco lioense held by Mr. C's Inc., Rudy Cervantez, owner, 429 Robert Street South. Recommendations: Appm�e (A) or R Pianning Canmission CIB Committee _. CiWi Service Commission (R): 1. Has this persaJfirtn e�er vuorked under a coMract forthis d�ariment? Yes No 2. Has this persoNfirtn e�.er been a city employee? � Yes No 3. Does this perswJfirtn possess a skil� not normally possessed by any currerd city employee? Yes No Explain all yes answers on separate sheetand affich to green sheet Inrtating Problem, issues, Opportunity (Who, What, When, Where, Why): AdvanWges BApprovetl: D�advantageslFApproved: DisadvaMages B Not Approved: Sotat Amount of Transaction: Funtling Source: Financial I�ormation: (Explain) Febrvary 15, 2006 10.•20 AM CosilRevenue Butlgeted: Ac6vity Number; Page 1 � � �_._..�. '7 - a.eXEE"� � s �d¢ .� , <� CITY OF SAINT PAUL OFFICE OF THE CITY COUNCIL NOTICE OF LEGISLATIVE HEARING Rudy Cervantez Mr. C's, Inc. 429 Robert Street South Saint Paul, Minnesota 55107 Mr. Cervantez: nt�- tat An objection has been raised to your request to modify an existing license condition for Mr. C's, 429 Robert Street South. You are invited to attend and participate in a hearing before the Legislative Hearing Officer regazding this objection. The Legislative Hearing will be held on: DATE: TIME: PLACE: Tuesday, February 7, 2006 3:00 p.m. Saint Paul City Hall/Ramsey County Courthouse Third Floor, Room #330, Committee Heazing Room 15 Kellogg Boulevazd West Saint Paul, Minnesota 55102 At this hearing, the Legislative Hearing Officer will talce testimony from all interested people. At the end of this hearing, she will make a recommendation as to whether the condition should be removed. The City Council will have the final authoriTy to grant or deny your request. c: Councilmember Thune West Side Citizens Organization West Side Safe Neighborhood Council Rachel Gunderson, City Attorney's Office LIEP Staff Notice Mailed: 1/31/2006 CITY HALL THIRD FLOOR 15 WEST KELLOGG BOULEVARD SAINT PALTL„ MINNESOTA 55102-1615 0 AA-ADA-EEO Empbyer p�-t�,i MINUTES OF THE LICENSE HEARING Mr. C's, Inc., 429 Robert Street South Tuesday, February 7, 2006 Room 330 City Hall, 15 Kellogg Boulevazd Mazcia Moermond, Legislarive Hearing Officer The hearing was called to order at 3:06 p.m. Staff Present: Christine Rosek, Kristina Schweinler and Jeff Hawkins, License, Inspections and Environmental Protecrion (LIEP); and Jean Birkholz, Council Research. Others Present: Rudy Cervantez, owner and Christine Glaser; Joe Ruiz, Richard Kittelson and Paul Dotty, neighbors; and Jocelyn van Toor, West Side Safe Neighborhood Council. Yvis. Moermond noted that this is a hearing regarding an application to remove a condition (#8) from the existing license conditions: 1. There are to be no patrons admitted to the establishment after 1230 a.m. and patrons who have lefr are not to re-enter after that. 2. All persons entering the establishment shall be checked for weapons (wanded) at each of the entry doors beginning no later than 8:30 p.m. 3. Management will provide the names and dates of birth of all employees and security personnel to LIEP for purposes of rwuiing a background check. LIEP must be notified of changes in personnel, and this information will be supplied for all new employees prior to their start date. 4. Interior and exterior video surveillance cameras must be operating during all hours the establishment is open. Tapes must be saved for a period of at least fourteen (14) days, and the dates and times of recarding must be accurate and visible on the videotapes. 5. Licensee must maintain a list of patrons who have been banned from the establishment for assaultive, disorderly or disruptive behavior. The list must, at a minimum, contain a name and description of the banned patron, as well as the date they were advised they were banned. No persons who are on the list shall be permitted to be in the establishment or remain on the grounds. This list shall be submitted to LIEP monthly. 6. Loitering in the parking lot shall not be permitted. The parking lot must be regularly pah to insure compliance with this condition. 7. Litter on and around the premises is to be picked up daily. 8. Licensee shall employ security officers at a minimum on Thursday, Friday and Saturday nights from 9:00 p.m. until closing. (to be reviewed within one month of re-opening) Ms. Moermond noted that a letter was received from a neighbor, which triggers a legislative hearing. Ms. Moermond is working toward developing a recommendation to present to the City Council regarding Mr. Cevantez' request. There are three (3) possible p�- lql recommendations: 1) to grant his request to remove the condition; 2) to deny his request; or 3) to modify the condition. That recommendation then goes before the City Council in the form of a resolution. If Mr. Cervantez or the neighbors decided to appeal the City Council's decision, the next venue would be district court. Ms. Kristina Schweinler, license inspector, provided a staff report. She noted that Mr. Cervantez is requesring that condition #8 be removed from his license: Licensee shall employ security officers at a minimum on Thursday, Friday and Saturday nights from 9:00 pm. unril closing. (To be reviewed within one month or re-opening.) Ms. Schweinler stated that staff's recommendation is to modify the conditions rather than remove condition #8. She suggested that condition #2 be modified to require a bar employee or bouncer to be wanding at the door to make sure that weapons aren't introduced into the establishment. Ms. Moermond asked how long this license has been in place. Mr. Cervantez responded that he has owned the bar for nearly ten (10) years. Ms. Moermond asked if condition #8 had been on the license for that whole time. Ms. Schweinler replied that all of the condirions were placed on the license about three (3) years ago. Ms. Moermond asked if there have been previous adverse actions at this establishment. Ms. Schweinler referred to the list of police calls from which she did not find any disturbing calls. There were a lot of proactive visits. Mr. Cervantez has been very co-operative with the Police. There have been incidences from fights. The current conditions were placed on the license following a serious incident that took place at the bar, and Mr. Cervantez has been very proactive in dealing with issues and very co-operative with staff's suggestions. Mr. Cervantez explained that the reason he is asking to have condition #8 removed is because business is bad right now; and after March 31 when the smoking ban goes into effect, a lot of his customers will go to West Saint Paul. Primarily, he would like to have condition #8 removed because it is too expensive to maintain, and after March 31, 2006, the cost of employing security officers will be prohibitive. Currently, security costs Mr. Cervantez $25 per hour. Ms. Glazer added that the last time there was an incident having to do with weapons was April 11, 2003. Mr. Cervantez was surprised that there was a letter from the neighbors that said he didn't co-operate with his neighbors. He does everything he can to co-operate with his neighbors, the LIEP office and the Police. Police visit the establishment for proacrive visits. And, since the intersection is very active, the police patrol there quite frequently. It doesn't necessarily mean that there's a Police call to the bar. Also, Mr. Cervantez has numerous surveillance cameras inside ofthe bar (approximate2y $10,000 -$15,000 worth). He doesn't know what more he can do. Mr. Paul Doriy, a neighbor, addressed the hearing officer. He lives approximately foriy (40) yards from the bar, diagonally. His concern is the security, and it sounds as though �4- �- �� Mr. Cervantez' security efforts are working. Mr. Dotty asked how many Police calls there were last year. Ms. Moermond responded that there were a total of twenty-three (23) calls in thirteen (13) months. Six of those were proactive Police visits. Mr. Dotty commented that whatever the call is for, it doesn't look good. His concerns are fights and drug acrivities happening around eight (8 pm) and nine (9 pm). Mr. Joe Ruiz, a neighbor, addressed the hearing officer. He noted that his concern is about drugs. He lives in a Drug Free Zone, but he sees a lot of drug activity taking place outside the baz, especially in the summer. Mr. Richard Kittelson, another neighbor, addressed the hearing officer. He noted that he lives on the second floor, so when he looks out of his window, he sees the whole bar. The concerns he has are the fights that erupt outside the bar and the drug activity thaYs clearly visible going on outside of the bar. He spoke of an incident that made him very concerned: a fancy van parked in his building's parking lot and two (2) men got out of the van, put on bullet-proofed vests and proceeded to walk into Rudy's bar. He noted that Rudy does a fine job of running the bar, but some of the bar's patrons create problems for him, and he's concerned about safety. Ms. Moermond noted that she is curious about where Mr. Cervantez is targeting his cameras, and whether the Police have ever asked for footage of the intersection. Mr. Cervantez answered that he has one camera above his awning that points to his parking lot across Isabel; he has another camera in the back alley of his building. He has also installed lights around his building because the Police asked him to. The Police also asked him to put the pay phone inside of the bar, which he did. Mr. Cervantez recently obtained a bid to put in more cameras. Ms. Moermond asked where he intends to put them. He stated that one will go under the canopy and point to the front door. Three old cameras will be changed to color. And, there is one camera hidden where oniy Mr. CervanYez lmows. Ms. Glaser commented that the security inside of the baz insures the safety of their patrons. They are also concerned about the safety of their neighbars; however, she pointed out that their neighboring businesses also play a part. Michaei's Pizza is open unti12:30 a.m. and Megusta's is open unti19:30 p.m. They both serve alcohol. She added that if all of the complaints are about what is going on outside, she would suggest that all of the businesses join in to provide security for the block. Why should it fall solely on the shoulders of one of the places of business? Ms. Moermond noted that Ms. Glaser had a valid point. She is hearing that Mr. Cervantez has done a fabulous job of looking at security concerns. The only incident involving weapons occurred on April 11, 2003, which resulted in the current condirions. The City Council will note that "iY s working, so why change it." Ms. Moermond thinks that the best to hope for is to find a middle ground, where security is still provided, but it is provided by the bar's own employees. Mr. Cervantez noted that he has a policy that if the Police needs to be called because of a customer, that customer has two (2) choices: 1) either they go with the Police voluntarily; or 2) they are no longer allowed in the baz. The Police also requested a list of people who are batred from the bar. � ��-�� Ms. Jocelyn van Toor, Crime Prevention Program, West Side Safe Neighborhoods, addressed the hearing o�cer. Ms. van Toor reported that Mr. Cervantez attends their bar owners meetings when they have them. She is hearing from block clubs, that security in their neighborhoods is the number one concern among residents. She encouraged those neighbors attending the hearing to also attend the block club meeting they are having tonight at 630 p.m. at the Neighborhood House dining azea, where they will also be talldng about a number of other issues. Ms. van Toor also noted that neighbors suggested that bar owners have more cameras on the inside. A short recess was taken for the purpose of Ms. Moermond conferring with Ms. Schweinler. Ms. Moermond recommended the following modificarion to #8 of the existing license conditions for Mr. C's: Licensee shall provide security or bar staff perfornung security functions including wanding on Thursday, Friday and Saturday nights from 9:00 p.m. until closing. Ms. Moermond added that this should help to cut costs significantly, and the function will still be provided. Ms. Moermond recommended a one-year trial period, at which time, it may be revisited to modify it fiirther or work toward elimination. Ms. Moermond complimented Mr. Cervantez on the fine job he has been doing in addressing these concerns. She noted that she is more concerned about the environment that he operates in, and not having actions that the bar takes exacerbate safety problems in the vicinity of the bar. Ms. Moermond asked Mr. Cervantez if he agrees with the modification. Mr. Cervantez responded that he does. Ms. Moermond stated that Ms. Schweinler will be contacting Mr. Cervantez to sign the modified conditions before it goes to the City Council. The hearing was adjourned at 4:04 p.m. /jab ��