06-894Council File # 1��
Green Sheet # 3032952
RESOLUTION
Presented
Referred To
CfTY O�SAINT PAUL, MINNESOTA '�
Committee Date
WHEREAS, the Legislative Hearing Officer recommends that the Iicense application for a Wine On-Sale and
Malt On-Sale Strong iicense by Sneiling Cafe, Ina; Afeworki Bein, Owner; doing business as Snelling Cafe at
638 Snelling Avenue North, be approved with the following conditions:
1. The sale of Wine On-Sale and Malt On-Sale (SVong) will take place only in conjunction with the sale and
service of food (menu item only). Copies of gross ( revenue receipts from the sales of food, wine and beer,
showing at least sixty (60) pzrcent attributable 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. Entertainxnent (Karaoke, D7 music, live band, dancing, contests, etc.) is NOT permitted at this establishment.
An Entertainment License is required to conduct this activiTy;
3. Signage will indicate that cazs enter the parking lot from Snelling Avenue and exit onto Snelling Avenue;
and
4. Snelling Cafe wili not serve aicoholic beverages (wine or beer) before 5:00 p.m.
THEREFORE, BE IT RESOLVED that the Council of the City of 5aint Paul hereby approves this license
application wiYh the aforementioned conditions.
Green Sheet 3032952
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Senanav
Bostrom
Harris
H elg e n
Lantry
Montgomery
Thune
Yeas Nays Absent
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Requested by Deparhnent of
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Adopted by Council: Date � aT�o�IJOTo
Adoption Gertified � uncil Sec atary
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Approved by May .�D��ite � - L - �O
BY= .LL O i .�s.-P,� �
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Form Approved by City Attomey
By:
Approved by Mayor for Submission to Council
By:
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DepartrneM(ofiiceicouncd: Date {niliated:
co -�o��� 20.SEP-06 Green Sheet NO: 3032952
Contad Person & Phone:
Marcia Moermond
2665579
Must Be on Council Agenda by (Date):
27SEP-OG
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Assign
Number
For
Rou6ng
Order
Deoar6nent SentTo Person I�itialNate
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1 u N nt - r
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Doc. Type: RESOLUt10N
E-0ocumentRequired: Y
DocumentCOntact JeanBiiictniz
Contad Phone: 26GSG73
Total # of Signature Pages _(Clip All Locations for Signature)
Approving the license applicaGon with conditions, per thc Legisla6ve Heaing Officer, for Snelling Cafe, Inc, by Afeworki Bein, owner,
doing business as Snelling Cafe, 638 Snelling Avenue North.
idations: Apprrne (A) or Reject
Planning Commission
CIB Committee
Ciul Service Commission
1. Has this persoNfirtn e�er worked under a contract for this department?
Yes No
2. Has this person/firtn e�er been a city employee?
Yes fYo
3. Does this person/firm possess a skill not nomially possessed by any
current city employee?
Yes No
Explain all yes answers on sepa2te sheet and attach to green sheet
IniKating Problem, Issues, Opportunity (Who, What, When, Where, Why);
Advantages H Approved:
Oisadvantages lf Appwved:
Disadvantages If NotApproved:
Total Amount oE
Trn�sactiort:
Fundiog Source:
Financial Information:
(Explain)
CosVRevenue Budgeted:
Activity Number.
September 20, 200611:16 AM Page 1
Q�' �'�{
MINUTES OF A LICENSE HEARING
Snelling Cafe Inc. located at 638 Snelling Avenue North
Tuesday, September 12, 2006 - 130 p.m.
330 Ciry Hall, 15 Keilogg Boulevazd
Marcia Moermond, Legislative Hearing O�cer
The hearing was called to order at 133 p.m.
Staff Present: Christine Rozek, License, Inspecfions and Environmental Protection (LIEP); and
Racquel Naylor, Council Research.
Others Present: Afeworki Bein, owner.
Application to add Wine On-Sale and Malt On-Sale Strong to the existing Restaurant more than
12 seats License.
Ms. Moermond explained the process. This type of license triggers notification to the surrounding area
because iYs a class N license. The Neighborhood was notified and the City received two (2} letters of
objection to the issuance of this license. When any objectlon to the issuance of a license is received, it
triggers a legislative hearing. There are three (3) possible outcomes from this hearing: 1) that she
would recommend the City Council grant this license without conditions; 2} that she would recommend
the City Council grant this license with agreed upon conditions; or 3) that she would recommend the
City Council refer the matter to an administrative law judge, which would be used if she felt there were
conditions that were absolutely necessary to make this a workable situation which the applicant would
find unacceptable or if there is no way this licensed activity could work at this location.
Christine Rozek, LIEP, provided a staff report. This license application is for an existing restaurant to
which they want to add the sale of wine and beer. The Office of License, Inspections and
Environmental Protection is recommending approval of this license with the following conditions both
of which are just repetitions of the City's Legislative Code 409.15:
1) The sale of Wine On-Sale and Malt On-Sale {Strong) will take place only in conjunction with
the sale and service of food (menu item only). Copies of gross i revenue receipts from the sales
of food, wine and beer, showing at least sixty (60) percent attributable to the sale of food, shall
be made auailable for review upon request of the director of the Office of License, Inspections
and Environmental Protection or his/her designated representative; and
2) Entertainment (Karaoke, DJ music, live band, dancing, contests, etc.) is NOT permitted at this
establishment. An Entertainment License is required to conduct this activity.
Licensing is looking for proof of liquor liability insurance, so, once this license is approved and the
applicant provides proof of liquor liability insurance, the license will be issued. Zoning is looking for a
floor p1an and a site plan. Ms. Rozek gaue Mr. Bein Mr. Jeff Hawkins' phone number.
Ms. Moermond asked Mr. Bein about his business plans and why he has applied for this license. Mr.
Bein responded that his business was started with a coffee shop and a deli. Then, they expanded into a
restaurant with a full kitchen. Their main business is from food, coffee products and bakery goods, the
alcohol wili be provided to enhance the food. Ms. Moermond asked Mr. Bein how long he has been in
operation at the Snelling Cafe. Mr. Bein answered, "Three yeaxs." Ms. Moermond asked if he has
pwchased liquor liability insurance. Mr. Bein responded that he has. She asked if he has suppiied
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Zoning with the necessary floor plan / site plan. Mr. Bein stated that he believes they have had it for a
year. When he decided to expand, he gave the floor plan to them and also the site plan. If they still need
them, he is willing to provide them again.
Ms. Rozek added that the applicant did apply for a pazking variance for four (4) parking spaces which he
received on June 5, 2005.
Ms. Moermond discussed the issues of the letters of complaint. In the first letter, Mr. Mark Johannsen
commented that he generally objects to more sales of liquor. The second letter from Mr. John Benson,
indicates that there is a pazk and a school in the near vicinity of the Snelling Cafe. Ms. Moermond noted
that her recollection is that for the sale of wine and beer there is no proximity requirement. She asked
stafF to refresh her on the rules. Ms. Rozek noted that in Chapter 409, there is a requirement that liquar
establishments have to be at least 300 feet from a church, school playground or pazk; however, the
exemption is that if this wine and beer license has a restaurant license, those requirements do not apply.
In this case, this is a restaurant serving wine and beer.
Ms. Moermond asked about the cafe's hours and parking. Mr. Bein stated that his business hours will
be 830 a.m. to 10:00 p.m. Ms. Moermond asked if there were signs on his parking spaces. Mr. Bein
replied that the parking lot is on the north side of their building. He will make arrangements to label the
parking lot for the Snelling Cafe and put up a sign that says, "Please enter and exit from Snelling" to
help eliminate customers from entering via the alley. Ms. Moerxnond added that she would like to make
that a condition.
Ms. Moermond suggested that another condition be placed on closing time. Mr. Bein said that in the
fixture he may want to close at 11:OQ p.m. Ms. lUfoermond stated that 11:�� p.m. or 1130 p.m. might be
good to put down as a condition so that peopie would know thaY s the end of your business and if they
are having problems, iYs not associated with you. Mr. Bein said that was acceptable but the safety issue
with the kids is during the day not during the night. Maybe they should limit serving beer and wine
during the daytime. He would rather extend the hours at night and limit serving alcohol during the day.
Ms. Moermond responded that she thought that was a very creative idea. Ms. Moermond asked Mr.
Bein if he would accept a condition that said he would not serve alcoholic beverages (wine or beer)
before 5:00 p.m. Mr. Bein responded that he would accept such a condition.
Ms. Moermond recommended approval with the following conditions:
1) The sale of Wine On-Sale and Malt On-Sa1e (Strong) will take place only in conjunction with
the sale and service of food (menu item only). Copies of gross / revenue receipts from the sales
of food, wine and beer, showing at least sixty (60) percent attributable to the sale of food, shail
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) Entertainment (Karaoke, DJ music, live band, dancing, contests, etc.) is NOT permitted at this
establishment. An Entertainment License is required to conduct this activity;
3} Signage will indicate that cars enter the parking lot from Snelling Avenue and exit onto
Snelling Avenue; and
4) Snelling Cafe will not serve aicoholic beverages {wine or beer) before 5:00 p.m.
The hearing was adjourned at 1:56 p.m.
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