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06-58Council File # 0� � S b Green Sheet # 30Z�Z RESOLUTION L+] 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� Aelgen ,/ Lantry v - Montgomery ✓ Thune �/ �/' U -� Adopted by Council: Date � // Adoprion Certifi d y Counc Secretary By: / �� �'.Yl�Sd�. Approved�yoi� Date _ � / z3 /06 By: Requested by Department o£ � Form Approved by City Attorney � Approved by Mayor for Submission to Council � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � r��3 01�-5� DepartrnenUofficelcouncil: Date Initiated: ., . 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) � �:A . ';�� - 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 � b�� Sg 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 � 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 � � / 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. AA-ADA-EEO Employer