The URL can be used to link to this page

06-345Council Rile # �J' Presented by Referred To Green Sheet # � � �� RESOLUTION CITY OF SAINT PAUL, MINNESOTA 21 Committee Date WHEREAS, the Legislative Hearing Officer recommends that a request to modify the conditions of an exisring license (ID # 20040000032) 2:00 a.m. Closing, Liquor On Sale, Liquor On Sale Sunday, Entertainment A, Restaurant, Gambling Location, Cigarette/Tobacco License for Cherry's Minnehaha Tavern, Inc, Nicole and Robert Cherry, owners, doing business as The Cherry Pit, at 735 White Bear Avenue, be approved with the following changes: 1. Maintain in good working order video surveillance cameras and recorder on the interior and the exterior of the establishment during business hours. Tapes must be maintained for 7 days and available to police and inspector when requested. 2. Loitering in the parking lot shall not be permitted. The parking lot must be regularly patrolled to insure compliance with this condition. 3. All security staff will wear identifying clothing to indicate they are personnel for The Cherry Pit. WHEREAS, the Legislative Hearing Officer recommends that these conditions be reviewed in a staff report to the Hearing Officer to determine if some or all need to be re-instated because of a potential adverse impact on the business and/or neighborhood. THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this modification. �1�-� � Yeas Nays Absent Benanav � Bostrom ,/ Harris � Helgen � Lantry � Montgomery �/ Thune �/ 4 � Adopted by Council: Date la /j'�iJ�% /�, c�Qdl Adoption Certified by Council Sec tary By: /)%�� T11/�/z5!>2 Approved l�y �a `�—�� gO B y' �� /-� Requested by Department of. � Form Approved by Ciry Attomey � Approved by Mayor for Submission to Council � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � co -c�� Contact Person & Phone: I�Aarcia �rbertnond 26G85/0 Must Be on Council AAen '12-APR-06 ContradType: RE�2ESOLUTION �R� I Green Sheet NO: � ' Assign by (Date): Number For Routing Order �� -�yS. 3030300 Deoar6rent SentToPerson 0 1 D mt Dir 2 3 4 5 Tofal # of Signalure Pages _(Clip All Locations for Signature) Action Reques4ed: Modifying flie conditions of the eusting license, 2:00 a.m. Closing, Liquor On Sale, Liquor On Sale S�mday, Entertainwent A, Restaurant Gambling Locarion, and CigarettelTohacco, foc Chexxy's Minuehaha Tavan, Inc., d(b1a'fhe Cheny Pit, 735 White Bear Avenue. Recommentlations: Appm�e (q) or R Planning Commission CIB Committce .. CiM� Serece Commission Personal Service Contracts Must Mswerthe 1. Has this petsoNfirtn e�er worked under a contract forthis departmeni? Y� No 2 Has this person/firtn e�er heen a cfty employee? Yes No 3. Does this person/firtn posscss a skill not nortnally possessed by any cumeM city employee? Yes No Explain all yes answers on separate sheet and akach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantages IFApproved: Disadvantages BApproved: Disadvantages B Not Approved: Total Amount of Transaction: Funding Source: Finaricial I�ormation: (Explain) CosNRevenue Budgeted: Activity Number: Apri! 5, 2006 f:42 PM Page 1 �� MiNLTTES OF THE LICENSE HEARING Cherry's Minnehaha Tavern Inc. doing business as The Cherry Pit, 735 White Bear Avenue North Thursday, March 30, 2006 Room 330 City Hall, 15 Kellogg Boulevard Marcia Moermond, Legislarive Hearing Officer The hearing was called to order at 10:11 a.m. Staff Present: Christine Rozek, Inspections and Environmental Protection (LIEP); and Jean Birkholz, Council Research. Others Present: Niwle and Robert Cherry, owners. Ms. Moermond noted that this is a request to remove all of the following conditions from the license: 1. Maintain in good working order video surveillance cameras and recorder on the interior and the exterior of the establishment during business hours. Tapes must be maintained for 7 days and available to police and inspector when requested. 2. Install a metal detector or wand patrons at the entrance on Friday and Saturday nights between the hours of 8:00 p.m. and closing. (To be reviewed in 6 months.) 3. Criminal background checks must be run on each new employee. Employee full name and date of birth should be submitted to LIEP for the check to be run. 4. Post signage banning all gang affiliated colors or clothing. 5. Maintain a ban list of all customers/persons banned from the establishment for assaultive, disorderly or disruptive behavior. The list at a minimum shall contain a name and description of the banned patron, as well as the date they were advised they were banned. This list will be made available to police and inspectors when requested. 6. Loitering in the parking lot shall not be permitted. The parking lot must be regularly patrolled to insure compliance with this condition. 7. All security staff will wear identifying clothing to indicate they are personnel for The Cherry Pit. 8. Staff of The Cherry Pit will not be allowed to drink alcoholic beverages while on duty. Ms. Moermond explained the process. When this type of request is made, a notification goes out to the neighborhood. In this case, several letters of concern were received from the neighborhood, all requesting that the conditions not be lifted from this license. There are three (3) possible outcomes: 1) a recommendation from the Legislative Hearing Officer to the City Council that the conditions be lifted from this license; 2) Yhat the conditions would be in part lifted from this license; or 3) that the conditions not be lifted from this license. The City Council will decide by way of resolution. Ms. Moermond asked Ms. Christine Rozek, License, Inspections and Environmental Protections (LIEP), to provide a staff report. As background, Ms. Rozek stated that this establishment holds a number of licenses: 1) a 2 a.m. closing license; 2) a Sunday License; 3) a restaurant license; 4) an entertainment A license; 5) a gambling location license; 6) a tobacco license; and 7) an On-Sale liquor license. The owners of The Cherry Pit are asking to have all eight (8) license conditions removed. In recent months with these conditions in place, there has been a lot of improvement at this establishment as far as patron behavior. However, it has been winter, and with spring and summer coming, there will be more and more people outside, so, it will be interesting as to how this plays out. In general, the control of the clientele has improved considerably in the last several months. At this time, Ms. Rozek has no recommendation; she will make her recommendation after discussion today. ��--�y� Ms. Moermond asked Nicole and Robert Cherry what they intended to do differently with their business. Mr. Cherry responded that they are not intending to do anything differently. They will continue to follow the condirions; they just do want anyone telling them how to run the business. They will still use their cameras; they will still patrol the parking lot and staff won't be drinking while on duty, etc. Ms. Cherry added that they have worked hard to improve things, and they voluntarily signed these conditions, which have helped to improve their business. Their clientele has stabilized and they want to continue moving forward. Ms. Moermond asked Ms. Rozek how long these conditions have been in place. Ms. Rozek deferred to Mr. and Mrs. Cherry, who responded that they have been in effect for approximately two (2) years. They were added voluntarily because of some police reports. There have been no violence complaints or any complaint due to weapons in quite some time. Ms. Moermond directed attention to the letters in opposition that were received. She noted that District 2 did not submit a letter. Mr. Cherry stated that District 2 does have a recommendation; she should have received a letter saying that they approved of Cherry's request. Ms. Moermond commented that there was a common thread throughout the letters referring to noise. She asked the owners about steps they have taken to mitigate the noise. Ms. Cherry responded that they have security staff working every night. They are required to make sure that everyone is out of the parking lot immediately after closing; also to make sure that the car radios are turned down. Security staff is also required to patrol the parking lot approximately every 45 minutes or so. Ms. Moermond noted that in cases like this, the usual City Council position is, "If it's not broke, don't fix it." Ms. Moermond asked the owners if the police have ever asked to see a video. The Cherrys replied that the police haven't asked to see one in quite a while. Sometimes they call to view a video is there's been an accident out front or on the corner. Ms. Rozek noted that wanding is important; and she doesn't know how the owners would protect themselves unless they continue wanding because they are still responsible if a weapon enters the establistunent. The Cherrys said that most of their clientele is regular now and they don't want to be wanding their regular customers. Also, the grill is open until midnight and appetizers are served until 130 a.m., so people come in for the food. Mr. Cherry also said that they have a machine that keeps track of people's I.D.'s which helps to keep the bad element out of their bar. She feels that it is not always necessary to wand. Regarding background checks for new employees, the Cherrys think that it's a good idea and won't stop doing it. They will also continue to post signage banning all gang affiliated colors or clothing and maintain a ban list. The parking lot will continue to be monitored, and security staff will wear identifying clothing. Ms. Moermond said that she is willing to make the recommendation to lift the wanding condition and re- visit it in six (6) months. She thinks that the rest of the conditions should remain. She understands that the Cherrys don't want the City telling them how to run their business; however, it is a regulated business, and politically it would be difficult for the City Council to lift all of them. The process needs to go a little slower. Mr. Cherry stated that what they were told was misleading. LIEP had told them that they would be able to get these conditions off their license within six (6) months just by asking to have them removed. It was really misleading. They have had them on for two (2) years and weren't told that they needed to go through this hearing process. They were told to comply for six (6) months and then they would be �o��yS reviewed. Ms. Rozek stated that procedurally, the whole process for removing conditions has changed within the last eight (8) months to a year. And, the City Council is really sensitive and concerned about removing conditions from a license because actually, the trend seems to be more and more to be putting on conditions. These conditions may seem burdensome for the Cherrys; however, by and large, these condirions are preriy standard now. Ms. Moermond asked Ms. Rozek if she now has a recommendation. Ms. Rozek recommended that conditions #1, #6 and #7 remain, and condition #2 be taken off, but reviewed in six (6) months. All the rest of the conditions can be removed. Based on the staff recommendation, Ms. Moermond recommended removing all of the conditions except #1, #6 and #7; all to be reviewed in six (6) months. Ms. Moermond will ask staff to send her a memo in six (6) months. A hearing will not be required unless there are circumstances necessitating one. The hearing was adjourned at 10:39 a.m. /jab :�� ( Av�� . � ��,�� . � y 4 '�..�w��..� ��-�4S CITY OF SAINT PAUL OFFICE OF THE CITY COUNCIL NOTICE OF LEGISLATIVE HEARING Nicole Cherry/Robert Cherry Cherry's Minnehaha Tavern Inc. The Cherry Pit 735 White Bear Avenue North Saint Paul, Minnesota 55106 Ms. Cherry: Objections have been raised to your request to modify the current license conditions at Cherry's Minnehaha Tavern Inc, doing business as The Cherry Pit at 735 White Bear Avenue North. You are invited to attend and participate in a hearing before the Legislative Hearing Officer regarding these objections. The Legislative Hearing will be held on: DATE: TIME: PLACE: Thursday, March 30, 2006 10:00 a.m. Saint Paul City Hall/Ramsey County Courthouse Third Floor, Room #330, Connmittee Hearing Room 15 Kellogg Boulevazd West Saint Paul, Minnesota 55102 At this hearing, the Legislative Hearing Officer will take testimony from all interested people. At the end of this hearing, she will make a recommendation as to whether your request to remove all current license conditions should be approved, denied, modified or referred to an Administrative Law Judge. The City Council will have the final authority to grant or deny your request. Council President Kathy Lantry District 2 Community Council Rachel Gunderson, City Attorney's Office Complainants LIEP Staff Notice Mailed: 3/21/2006 Jean Birkholz 651/266-8561 C1TY HALL THLRD FLOOR 15 WEST KELLOGG BOULEVARD SAIIVT PALJI„ MINNESOTA 55102-1615 0 .'vA-AiJA-EEC cmployer OFFICE OF LLCENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION Bob Kessler, Direc[or CITY OF SAINT PAUL Christopher B. Coleman, Mayor COMMERCEBUILDING 8 Fowth Sveet East, Suite 200 StPaul, Minnesota 55101-1024 LICENSE APPLICATION SUMMAI2Y Date: Thursday, Mazch 30, 2006 at 10:00am 1,_� � Telephone: 651-266-9090 Facsimile: 651-266-9124 Web: vn+�w.lrep.us License Informatian: 20040000032 Cherry's Minnehaha Tavem Inc doing business as The Cherry Pit Nicole Cherry, Co-owner located at 735 White Bear Avenue North Application requesfing to modify the existing license conditions E�sting License Conditions: L Maintain in good working order video surveillance cameras and recorder on the interior and exterior of the establishment during business hours. Tapes must be maintained for 7 days and available to police and inspector when requested. 2. Install a metal detector or wand patrons at the entrance on Friday and Saturday nights beriveen the hours of 8:00 pm and closing. (To be reviewed in 6 months.) 3. Criminal background checks must be run on each new employee. Employee full name and date of birth should be submitted to LIEP for the check to be run. 4. Post signage banning all gang a�liated colors or clothing. 5. Maintain a ban list of all customers/persons ban from the establishment for assaultive, disorderly or disruptive behavior. The list at a minimum shall contain a name and description of the banned patron, as well as the date they were advised they were banned. This list will be made available to police and inspectors when requested. 6. Loitering in the pazking lot shall not be permitted. The pazking lot must be regularly patrolled to insure compliance with this condition. 7. All security staff will wear identifying clothing to indicate they are personnel for The Cherry Pit. 8. Staff of The Cherry Pit will not be allowed to drink alcoholic beverages while on duty. ModiScations Requested: Remove all license conditions. Current Licensee: Same Neighborhood Organization Recommendation: None LIEP Recommendation: LIEP has no recommendation at this time. AA-ADA-EEO Employer � LICENSE CONDTTIONS MODIFICATION NOTIFICATION License Number: 20040000032 Purpose: Request to modify existing license conditions License At: 735 White Bear Avenue North Licensee: Cherry's Minnehaha Tavem Inc doing business as The Cherry Pit Nicole Cherry, Co-owner, 651-776-6676� fFmne; �f3� '�L� � Existing License Condifions: �� 7 �� & 3 � 0 1. Maintain in good working order video surveillance cameras and recorder on the interior and exterior of the establishment during business hours. Tapes must be maintained for 7 days and available to police and inspector when requested. 2. Tnstall a metal detector or wand patrons at the entrance on Friday and Saturday nights between the hours of 8:00 pm and closing. (To be reviewed in 6 months.) 3. Criminal background checks must be run on each new employee. Employee full name and date of birth should be submitted to LIEP for the check to be run. 4. Post signage banning all gang affiliated colors or clothing. 5. Maintain a ban list of all customers/persons ban from the establishment for assaultive, disorderly or disruptive behavior. The list at a minimum shall contain a name and description of the banned patron, as well as the date they were advised they were banned. This list will be made available to police and inspectors when requested. 6. Loitering in the parking ]ot shall not be permitted. The parking ]ot must be regularly patrolled to insure compliance with this condition. 7. All security staff will weaz identifying clothing to indicate they are personnel for The Cherry Pit. 8. StafFof The Cherry Pit will not be allowed to drink alcoholic beverages while on duty. Modification(s) requested: Remove al] license conditions. Response Date: March 10, 2006 at 4:30 PM (Friday) If you have any objections to the request to modify license conditions, you must respond in writing by Friday, March 1 Q 2006 to: Marcia Moermond Legislative Hearing Officer 31 � City Hall 15 West Kellogg Blvd. Saint Paul, MN 55102 If you have any questions, please contact Corinne Tilley or Larry Zangs, LIEP Project Facilitators, at 651-266-9103 or Christine Rozek, LIEP Deputy Director, at 651-266-9108. Notice Mailed: January 24, 2006 OFF[CE OF LiCENSE, INSPELT[ONS AND ENVIILONMENTAL PROTECfION Bob Kusler, D�recro� CITY OF SAINT PAUL Chrtstopher B. Colemm; Mayor CO:LIMERCEBUILDId�G Te[ephone: 651-266-9090 8 Founh Sheet East, Surse 200 Farsimi[e. 6.i1-266-9124 St Paul, Mmnesom 39101-l024 Web: www [lepus Dear Resident and(or Neighborhood Organization: The Office of License, Inspections and Environmental Protection (LIEP) has received a request to modify the conditions of a license for a business in your area. You are being notified because this request requires neighborhood notification. Details regarding this matter aze given on the reverse side of this letter. You wil] have 45 days from the date this notice was mailed, to express any objections. The response deadline is given on the reverse side of this document. If you have any objections to the request as described on the reverse side, please send your objection(s) (with your telephone number) in wrifing to: Mazcia Moermond Legislative Hearing Officer 310 City Hall 15 West Kellogg Blvd. Saint Paul, MN 55102 If objections are received, a heazing will be scheduled before a legislative hearing officer. If you have sent in an objection, you will receive notice of the time, place and date of the scheduled heazing. At that hearing, the Legislative Hearing Officer will take testimony from all interested persons. At the end of this hearing, the Legislative Hearing OfFicer will make a recommendation to the City Council as to whether the request should be approved or be referred to an administrative law judge for further review. The CiTy Council will have the final authority to gant or deny the license. If you have any questions regarding this matter, please contact Corinne Tilley or Lazry Zangs, LIEP Project Facilitators, at (651) 266-9103, or me at (651) 266-9108. Sincerely, Christine A. Rozek LIEP Deputy Director CAR/cat AA-ADA-EEO Employer