06-58Council File # 0� � S b
Green Sheet # 30Z�Z
RESOLUTION
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PAUL, MINNESOTA
Presented
Referred To
Committee Date
WIIEREAS, the Legislative Hearing Officer recommends that license appiication (ID # 20050003204) for an
Entertaiument (A) License by Chatterbox Enterprises, Inc., doing business as Chatterbox Pub, 800 Cleveland
Avenue South, be approved;
THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this
Entertainment (A) license.
Yeas Nays Absent
Benanav �
Bostrom ,f
Harris r�
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Lantry v -
Montgomery ✓
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Adopted by Council: Date � //
Adoprion Certifi d y Counc Secretary
By: / �� �'.Yl�Sd�.
Approved�yoi� Date _ � / z3 /06
By:
Requested by Department o£
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Form Approved by City Attorney
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Approved by Mayor for Submission to Council
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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DepartrnenUofficelcouncil: Date Initiated:
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co -���;i �-.�A� Green Sheet NO: 3029295
Contad Person & Phone• Deoar6nent Sent To Person InitiaVDate
Marcia Mcertnond � 0 '1
Z668560 Assign 1 ouncii De artmentDireMOr
Must Be on Council qgenda by (Date): Number Z rk
Por
Roufing 3
Order 4
5
Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Approving the license application, per the Legislative Hearing Officer, for an Entertainment (A) License by Chatterbox Enterprises,
doing business as Chatterbox Pub, 800 Cleveland Avenue South.
Recommendations: Approve (A) or Rejed (R): Personal Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has this personffirtn ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this personffirm ever been a city employee?
Yes No
3. Does this personlfirm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): �
Advantailes If Approved:
Disadvanppes If Approved:
Disadvantages If Not Approved: �
Total Amount of CosURevenue Budgeted:
Trensaction:
Funding Source: ActiviN Number. �
Financialinformation:
(F�cplain)
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CITY OF SAINT PAUL
OFFICE OF THE CITY COUNCIL
INTER-DEPARTMENTAL MEMORANDUM
DATE:
Friday, January 6, 2006
TO: Councilmembers �
FROM: Marcia Moermond, Legislative Hearing Officer �
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RE: Legislative Hearing Officer Report for Chatterbox Enterprises, Inc., doing
business as Chatterbox Pub, 800 Cleveland Avenue South
Andrew Miller, Owner and President of Chatterbox Pub has applied for Wine On Sale,
Malt On Sale (Strong), Entertainment A, Restaurant-More than 12 Seats, and
Cigarette/Tobacco Licenses. The wine, malt, and entertainment licenses are
considered Class N; therefore, neighbors were notified. I received finro letters by the
scheduled response date of November 10.
One letter was received by Gail W. Summers, Community Organizer for the Highland
District Council, who wrote that the owners asked for their support for an expedited
process (45 day waiver) on the wine and beer licenses. The Highland District Council
approved the request unanimously. On October 26, the City Council adopted the wine
and beer portions of this license application.
Another letter was received from Mark A. Otness, Village Apartment Homes II, LLP,
2635 University Avenue West, Suite 190, who wrote in opposition to the license
application for various reasons. Racquel Naylor, Secretary, called him and explained
that the only license that can be appealed at this point is the entertainment license, and
she asked him if he would attend a Legislative Hearing. Mr. Otness said that he would
think about this and call later. Mr. Otness was called about a week later, and he said
that he was not interested in attending a Legislative Hearing in this matter.
Given the fact that the City Council granted a waiver of the 45 day notice requirement
for the wine and beer licenses and given the fact that Mr. Otness is not interested in
attending a Legislative Nearing, I am recommending that the City Council approve the
resolution to grant the Entertainment (A) License for Chatterbox Pub.
c: Christine Rozek and Kristine Schweinler, LIEP
Gail W. Summers, Highland District Council
CITY HAI.L THIRD FLOOR 15 WEST KELLOGG BOULEVARD
SAINT PALJL, MINNESOTA 55102-1615
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AA-ADA-EEO Employer
Racquel Naylor 800 cleveland wine malt new app n doc Page 2=
,
LICENSE APPLICATION NOTIFICATION
License Number: 20050003204
Purpose: Application for Wine On Sale, Malt On Sale (Strong), Entertainment A,
Restaurant more than 12 seats, and Cigazette/Tobacco License
License At: 800 Cleveland Avenue South
Licensee: Chatterbox Enterprises Inc doing business as Chatterbox Pub
Andrea Miller, Owner and President, 612-250-8952
Recommended License Conditions:
1. Per CiTy of Saint Paul Legislative Code 409.15 The sale of Wine On Sale and Malt On Sale (Strong) will
take place only in conjunction with the sale and seroice of food (Menu item only). Copies of gross / revenue
receipts from the sales of food, wine and beer, showing at least siaty (60) percent attributa.ble to the sale of
food, shall be made available for review upon request of the director of the office of license, inspections and
environmental protection or his/her designated representative.
2. Per City of Saint Paul Legislative Code 411.02, Enter[ainment A is defined as amplified or nonamplified
music and/or singing by performers without limitation as to number, and group singing participated in by
patrons of the establishment. (includes kazaoke)
3. Per Ramsey CounTy Smok�Free Ordinance, smoking is prohibited in all indoor areas of licensed
restaurants.
Response Date: November 10, 2005 at 4:30 PM (Thursday)
If you have any objections to the license application, you must respond in writing by
Thursday, November 10, 2005 to:
Marcia Moermond
Legislative Heazing Officer
310 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: 09/22/2005
AA-ADA-EEO Employer
OFFICE OF LICENSE, PISPECTIONS AND
ENVIRONMEMAL PROTECIION
Janeen E. Rosas, Dvector
CITY OF SAINT PAUL
Randy C. Ke(!y, Mayor
COMMERCE BUILD/NG
8 Fourth Sc E, Swte 200
Tefephone: 65I-266-9090
Faasimile: 657-266-9/14
SainlPaul,
Mtnnesom 53101-
102-0 Web:
wwwJieo.us
September 22, 2005
Andrea L. Miller
Chatterbox Enterprises Inc
2229 East 35'" St
Minneapolis MN 55407
RE: Application for Chatterbox Enterprises Inc doing business as Chatterbox Pub, ID
#20050003204, at 800 Cleveland Avenue South / Wine On Sale, Malt On Sale (Strong),
Entertainment A, Restaurant more than 12 seats, and Cigarette/Tobacco Liceuse
Dear Applicant,
Our review of your application for a license is in process. Notification has been sent to the
communiTy organization and residents of the neighborhood in which you intend to operate giving
them until Thursdav, November 10. 2005 to voice any objections to your license application. If no
objections aze received, your license will be issued (pending any requirements not completely met)
approximately one week past the date given above.
If objections are received, a hearing will be schedu]ed before a legislative hearing officer. You will
receive notice of the time, place and date of the scheduled hearing from Marcia Moermond, the
Legislative Hearing Officer. At that heazing, the hearing officer will take testimony from al]
interested persons and will make a recommendation to the CiTy Council as to whether the license(s)
should be approved or be referzed to an administrative law judge for further review. The City
Council will have the final authoriTy to grant or deny this license application.
Note: Please sign and return the enclosed affidavit acknowledging the conditions that will be
placed on your license. A City of Saint Paul addressed envelope is enclosed for your
convenience. Also note, LIEP requires a clear copy of the executed (signed) purchase
agreement and lease agreement, seating plan, and proof of Iiquor Iiability insurance.
If you have any questions, please contact me at (651) 266-9108.
Sincerely,
Christine A. Rozek
LIEP Depury Director
CAR/cat
AA-ADA-EEO Employer
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Highiand District Council
1978 Ford Park�>�y, St. Paaal 1VfiN 55116
651-695-4045, fax 651-C95-4019, e-maii hdc(u»visi.com
September 28, 200.4
Christine Rozek
LIEP, Deputy Direetor
300 Lowry Professional Bufilding
350 Saint Peter Street
St. Paul MN 55102
Dear Ms. R�zek;
At the Sept�anber meeting of tiae Highland I3istrfct C'ouncil o�vners of
the Chatterbox Pab app�eared before the Couneii and ga`e the councii a
]3&'�S�Y1��LIOYI Yeg�9'fIlffi� their plaa�s far �00 S. C'lev�9and.
Andrea Maller, the owner, asked for the Councit's suppart far tt�eir
application for an exped'ated proeess (45 d�y waiver) �aa Saie lieense for
Wine and Strong �eer at tlae above noted address. T'he I�ighiand
Dis�rict C�uncal approved the reqr�est unanianously.
Gayie �`d;�summers
Community Organizer
Cc: �'ouracilme��er Patrick �Iarris
��Iarcaa 1�Ioermond, He�ring Officep �--
Andr�a 1Vliltea �h�tterbox
November 10, 2005
Bv E-Mail
Ms. Marcia Moermond
Legislative Hearing Officer
310 City Hall
15 West Keliogg Boulevard
St. Paul, Minnesota 55102
Re: License Application 20050003204
Chatterbox Pub. 800 Cleveland Avenue
Dear Ms. Moermond:
By this letter, Village Apartment Homes II, LLP, the owner of Highland
Village Apartments, 845 Cleveland Avenue South, objects to the issuance of a wine
and/or malt license and entertainment license for the Chatterbox Pub, License Application
Number 20050003204. it is possible that our objections can be addressed by the
applicant.
The reasons for our objections are as follows:
1. This part of Cleveland Avenue South, and Highiand Park in general, is
predominately residential in Character. Almost directiy across the street from the
proposed location for the Chatterbox Pub are apartments at Highiand Viilage
Apartments. These people wiil be directly impacted by any noise or disturbance at
the pub. Traditionaiiy (and appropriately), bars and pubs have been kept apart
from residences in order minimize any negative impact.
2. Other wine andlor mait ficenses in the immediate area (i.e. ChipoVte and
Noodles) have physical characteristics that minimize any possibie impact. In
addition to the different focuses of their businesses (discussed below), Chipolte
and Noodles are in shopping malt with dedicated adjoining parking. These
restaurants are orientated away from the apartments. Their customers arrive and
depart on the opposite side of the buiiding. The impact on the residents of
Highiand Village Apartments is minimal. In contrast, the Chatterbox Pub would be
located on a street facing Highiand Village Apartments. Their customers would
park on the street directly in front of the apartments. Any noise from the
Chatterbox Pub would be easily heard at Highland Village Apartments.
3. Other wine and/or malt licenses in the immediate area are for restaurants,
VILLAGE APARTMENT HOMES II, LLP
c/o Otness Management Company
2635 University Avenue West, Suite 190
St. Paui, Minnesota 55114
Ph: 651-209-6552
, Fax:651-209-6557
forwhich the serving of alcoholic beverages are entirely accessory to the purchase
and eating of a meal (i.e. Chipolte and Noodies). An establishment that is
designated a"pub° is of a different character even if wine and/or malt license
conditions are the same. For many peopie, a"pub" is a place where drinking
alcoholic beverages is the primary activity. At a"pub", the food is usually an
accessory. Because of the differe�t focus, the behavior of the customers would be
substantiaily different. Outside a bar or a pub, one would expect boisterous
behavior late at night, behavior that is inconsistent with the residential character of
the area.
4. An entertainment license is this location would make the noise impact of the
Chatterbox Pub even worse. The performances wouid no doubt be audible across
the street at the apartments regardless of the level of sound insulation. In
comparison to a restaurant serving wine oc beer, live entertainment would attraet a
larger crowd of younger, noisier customers. These customers would leave the
Chatterbox Pub later at night and would tend to leave in larger groups. Ail of these
factors would make the impact on Highland Village Apartments unacceptable.
This is a situation that has not previously existed in the area.
5. Ramsey County's Smoke-Free Ordinance makes the impact on Highland
Village Apartments and its residents even worse. Because of the Smoke-Free
Ordinance, anyone wanting to smoke wili have to go outside, to a location directly
across from Highland Village Apartments. it is common knowledge that drinking
alcohol and smoking go together. Outside of a"pub" playing music, one should
expect a significant number of people behaving in noisy and inappropriate manner.
For the reasons set out above, we do not think that the issuance of wine
license, malt license, or an entertainment license is appropriate for this location.
The undersigned is the managing agent of Viilage Apartment Homes I I, LLP
and is authorized to submit this letter. I may be contacted at the above telephone number
or by e-mail at mark@otness.com.
Sincerely,
Mark A. Otness
cc: Christine Rozek (by e-mail)
Racquel Nsylor Chatterbox Pub � 800 Cleveland Avenue South �� �� Page 1,
From: Racquel Naylor
To: Moermond, Marcia
Date: 11/28/2005 3:51:22 PM
Subject: Chatterbox Pub, 800 Cleveland Avenue South
I talked to Mark Otness on October 21 about his objection letter for Chatterbox Bar. He said he would cail
me back. t did not receive a cali from him, so I called him this aRemoon. He said that he does not wish to
pursue his objection. I asked him if he was sure, and he said yes. He did not go into details and seemed
to be eager to get off the phone, so our conversation ended there.
The Council waived the notice requirement last month, and these licenses have been already been
issued.
-Racquel, 68573
CC: Rozek, Christine
1Ia57
Disclaimer: This letter is not au indication that your application will be granted. This letter is
intended simply as notice of the ongoing process of your pending application.
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