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06-59Council File # 0' S 1 Green Sheet # 3029082 Presented Referred To Committee Date [� WHEREAS, the Legislative Hearing Officer recommends that license application (ID # 20050002133) for an Entertainment (A) License by Penny Yauch, President, VSOP, Inc., doing business as The Noose, ll 79 Seventh Street East, be approved with the following conditions: 1. The licensee will limit requests for outdoor extensions of service to four per year. 2. Licensee will appiy for outdoor event licenses at least three weeks in advance. Notice of the license application will be provided to the District Council at least three weeks prior to the event. 3. Outdoor extensions of service will be limited to eight hours duration and will be permitted only unti19:00 p.m. Sunday through Thursday and 11:00 p.m. on Friday and Saturday. 4. Licensee will provide notice of outdoor extensions to all neighbors within a one block radius of the establishment. Notices will be written in Spanish, Hmong, and English. 5. The doors to the establishment will be closed at all times that amplified music is playing. THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application with the aforementioned conditions. Yeas � Nays Benanav Boshom Harris Helgen Lantry Montgomery Thune I ✓ ✓ � Adopted by Council: Date RESOLUTION SAINT PAUL, MINNESOTA Absent ✓ ✓ � Requested by Department of: � Form Approved by Ciry Attomey � Approved by Mayor for Submission to Council Adoption Certified Council retary " B By: �.//i/ s �OiI,�SOh y: Approved a or: ate ��Zj�d6 BY� ���-�^-t<�a �-. � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � C �� V��� \ DepartrneM/o%celcouncil: Date Initiated: co �wcit 14DEG-05 Green Sheet NO: 3029082 CoMad Person 8 Phone• Decartment Sent To Pereon In"fiaUDate Marcia Mcermond � 0 uncil Z66$560 Assign 1 ouncil De artment irector Must Be on Council Agenda by (Date): Number Z � � � Por Routing 3 Order 4 5 Total # of SignaWre Pages _(Clip Ali Locations for Signature) Action Requested• Approving the license application, per the Legislative Hearing Officer, for an Entertainment (A) License for Penny Yauch, President; V SOP, Inc.; doing business as The Noose, 1179 SevenUa Street East. Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following Questions: Planning Commission 1. Has this person/firm ever worked under a contrad for this department? CIB Committee Yes No Civil Service Commission 2. Has this personffirm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Euplain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: i � DisadvanWAeslfApproved: ����g ����C @nter - JAN � � � Disadvantages If Not Approved: � ' � � — .. . . ,. _ ..:�. .... � . . � .,. Total Amount of CosURevenue Budgeted: Trensaction: FundinA Source: Activity Number: Fi nancial Information: (F�cplain) bb- S� MINUTES OF THE LEGISLATIVE HEARING THE NOOSE-1179 Seventh Street East Tuesday, November 17, 2005 Room 330 City Ha1UCourthouse, 15 Kellogg Boulevazd West Mazcia Moermond, Legislative Hearing Officer The hearing was called to order at 11:02 a.m. STAFF PRESENT: Christine Rozek, License, Inspections, Environmental Protection (LIEP) Mazcia Moermond explained that they will start off with a staff report to heaz about the kind of license applied for, talk to the applicant about the business plans, hear from people opposed and in support, and then they will talk about addressing the concerns. Christine Rozek reported this is an application for an Entertainment License by VSOP doing business as the Noose, 1179 Seventh Street East. This establishment already has a liquor license at this location. LIEP is recommending approval with no conditions at this time. The Entertainment A license allows for amplified music, but does not permit dancing, to which Ms. Yauch responded that she does not understand why they can't dance. She asked can she get a different license to ailow dancing. Ms. Rozek responded that would be an Entertainment B license, which will increase the pazking requirement. Ms. Yauch asked what would happen if someone got up and danced. Ms. Rozek responded that LIEP would respond if someone complained, and it could end up being an action against the license. Ms. Moermond stated the letter from Ms. Huminel talking about entertainment outdoors. Ms. Rozek responded the entertainment license is for the inside. There is special licensing for outdoor events and four are allowed a year. In answer to several questions, Ms. Rozek responded that the probiems in the past were not with this owner. Some of the events were licensed and perhaps some were not. To have a band in the parking lot, the applicant would need to apply for an extension to the parking lot. Usually, a band includes alcohol service and that would require a sign off from the District council. It gets neighborhood review, but it does not require City Council approval. The District Council would usually say okay and suggest conditions. If they are reasonable conditions, they get placed on the license. Ms. Moermond stated if the District Council is awaze of concerns from neighbors, they would be able to bring that up in that process. Ms. Yauch stated they have done a lot of work upstairs and outside, extended the stage, and painted it. It looks nice. They are talking about doing small bands downstairs throughout the month and one bigger one upstairs per month. They want to start out slowly with the bands. People enjoy listening to musia She worked for "Michael" for ten yeazs. Ob- S� MINUTES FOR THE NOOSE —1179 Seventh Sireet East Page 2 Ms. Moermond asked aze they thinking about four of five events a month. Ms. Yauch responded that is what they aze hoping to do. Hopefully, people will come once a week for a band. Ms. Moermond asked does this license provide for kazoake. Ms. Rozek responded yes. Ms. Yauch added that has not gone over well at that place, but they have talked about that, too. Ms. Moermond asked do they have specific plans for outdoor events. Ms. Yauch responded that most of the outdoor stuff was for benefits. When they can do things outside, they can get more people there. Ms. Moermond asked how long they have been running the business. Ms .Yauch responded they took over June 1 on a management agreement. Karin Dupaul, District 4 Dayton's Bluff Community Council, 798 Seventh Street East, appeared and stated the District Council is in favor of it; however, they also encourage some way of making it so that the neighborhood is happy. They would like it to work out for everybody, and they did not discuss any conditions. Mary Benton Hummel, 1199 Seventh Street East, appeared and stated it is a mixed-use neighborhood. They do have neighbors with concerns, but most neighbors don't want to come to a hearing. She never knew when Michael's was having outdoor bands, and 11:00 a.m. to 11:00 p.m. for gazage bands can make for a long day. Ms. Yauch responded that only happened once. She can understand during that one instance when there were about six bands outside. They will talk to Ms. Hummel in the future and let her know when they are going to have bands. Mr. Moermond stated there is an issue of notification that there will be an event going on and there is an issue about the duration of the music. Ms. Hummel responded that is part of it. Also, the neighborhood has changed: older families are moving out and younger families with smaller children are moving in. T'he small children need their naps. There aze some notification issues. She has heazd complaints from one block away. Two of the three bands did not have permits from the City, Looking at a map, said Ms. Moermond, there may be about 25 households that the music will pick up in a one block radius. She asked does the District Council have someone to translate some notifications. Ms. Dupaul responded the Executive Director is Hmong. Spanish is more difficuk for them to translate. Ms. Moermond stated they could use a standazd format and just change the dates. Ms. Yauch responded that would not be a problem. Ms. Moermond stated she would like to add as a condition that the owner will notify the neighborhood when there aze outdoor events. She would like the hours to end at 11:00 for Saturday nights, Sunday events could go unti19:00 p.m., Fridays nights couid go until 11:00 p.m., and 8:00 p.m. far the other nights. p�.Sq MINUTES FOR THE NOOSE —1179 Seventh Street East Page 3 Ms. Dupaul asked could the District Council lrnow about this one week beforehand. Ms. Rozek added that LIEP likes a 30 day notice because the District Council needs a sign off. Ms. Yauch stated she would like to be on record to say that she is against any outside events. Ms. Moermond stated an Entertaiument license is in front of her. It does not allow for outdoor entertainment. They have to go through a sepazate license for the outdoor events; however, Ms. Moermond is pulling in unrelated license information and conditioning it on the indoor entertaimnent. The District Council can still say no to an outdoor event. Ms. Rozek added that without the District Council recommendation, an outside event would not happen. Ms. Yauch stated she does not want to be told no the first time she wants to do an outdoor event, as she feels she is making concessions. Ms. Moermond stated propping open doors can pipe music out into the neighborhood and, she would like to see a condition that the doors aze closed when there is amplified music. Ms. Yauch responded the doors aze not as amplified as the upstairs. In the suminertime, when it is 68 degrees, they may want to open the doors. They have talked about installing windows. Ms. Moermond stated if there is amplified music, the door should be closed because sounds travels a lot when the doors aze open. Ms. Yauch responded this has not been a problem. Ms. Dupaul asked could they have the doors open when the bans are on their breaks.. Ms. Moermond responded she is more interested in the music amplification Ms. Moermond reiterated: doors close during amplified music, maximum of 8 hours on outdoor entertainment, 7 days notification to neighbors, 3 week notification to Licensing and District Council, I 1:00 p.m is the end of outdoor entertainment on Friday and Saturday, and 9:00 p.m. Sunday through Thursday. Ms. Yauch responded that sounds reasonable. Ms. Moermond recommends approval of the Entertainment A license with the following conditions: 1. The licensee will limit requests for outdoor extensions of service to four per year. 2. Licensee will apply for outdoor event licenses at least three weeks in advance. Notice of the license application will be provided to the District Council at least three weeks prior to the event. 3. Outdoor extensions of service will be limited to eight hours duration and will be permitted only unti19:00 p.m. Sunday through Thursday and 11:00 p.m. on Friday and Saturday. 4. Licensee will provide notice of outdoor extensions to all neighbors within a one block radius of the establishxnent. Notices will be written in Spanish, Hmong, and English. 5. The doors to the establishxnent will be closed at all times that amplified music is playing. The hearing is adjourned at 11:30 a.m. rrn