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06-962Council File # o�' /� RESOLUTION PAUL, MINNESOTA Presented by Referred To Green Sheet # 3033438 Committee Date �� WHEREAS, the Legislative Hearing Officer recommends that the license application for Liquor On Sale 100 seats or less, Liquor On Sale Sunday, Entertainment A, Restaurant more than 12 seats and Gambling Location License (Change of Ownership) for Bennett Restaurant Company LLC, doing business as Mitch's Supper Club located at 1305 7th Street West, be approved with the following condition: Doors and windows will be closed on the nights when there is live entertainment. THEREFOIZE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application with the aforementioned condition; and that the Council requests the Office of License, Inspection and Environmental Protection provide a written review of this license in six (6) months. Yeas Nays Absent Benanav �/ Bosuom � Harris ;/ Helgen ✓ Lantry i/ Montgomery � Thune ,/ Adopted by Council: Date /// ��o'�r////� Adoption Certified c�l S etazy gy: ���� i � Approved by Ma r: D �� By: Requested by Department o£ � Form Approved by Ciry Attorney � Approved by Mayor for Submission to Council � � GreerrSheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � d�'9Ga co -�� Contact Person 8 Phone: Marcia Mcertnond 266b570 Must Be on Council Agen� Doc. Type: RESOLUiION E-0ocumentRequired: Y DocumentConfact: JeanBirktwlz Contact Phone: 266-8673 osocT-0s y Pssign Number For Routing Order Total # of Signature Pages �(Clip NI Lotations for Signature) Action Requested: Approving the license applicatioq per the Legislative Hearing Officer, for Bennett Restaurant Company LLC, doing business as Mitch's Supper Club tocated at 1305 7th Street West. Recommendations: Appro�e (A) or F 'Planning Commission CIB Committee CiHI Senice Commission CosURevenue Budgeted: Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): AdvanWges NApproved: Disadvantages IfApproved: Disadvantages IF Not Approved: Total Amount of Trensaction: Funding Source: Financial Information: (EZplain) Green Sheet NO: 3033438 Deoa'trneM 0 C�o N I I 1 ancii D a nt D' 2 erk Cti erk 3 4 5 1. Has this persoNfirtn e�er worked under a contract for this department? Yes No 2. Has this persoNfirm e�er been a city employee? Yes No 3. Does this persoNfirtn possess a skill not nortnaliy possessed by any curtert city empbyee? Yes No ExpWin all yes answers on separete sheet and attach to green sheet Activity Number: ��a,'&,�9j "���j���a a,s. r°+ �CT � � ���� Must Mswer the Following Questions: October 9, 2006 3:51 PM Page 1 I . ', . MINUTES OF THE LICENSE HEARING Bennett Restaurant Company LLC doing business as Mitch's Supper Club, 1305 7�' Street West Thursday, October 5, 2006 Room 330 City Hall, 15 Kellogg Boulevard Mazcia Moermond, Legislative Hearing Officer The hearing was called to order at 10:01 a.m. Staff Present: Krisfina Schweinler, License, Inspections and Environmental ProtecHon (LIEP); and Jean Birkholz, Council Research. Others Present: Joseph Bennett, Bennett Restaurant Company LLC; and Barb Benson, Ward 2 Office. ID #20060002522 Request for Liquor On-Sale 100 seats or less, Liquor On-Sale Sunday, Entertainment A, Restaurant more than 12 seats and Gambling Location License. Ms. Moermond explained the process. This is a Class N License which triggers neighborhood notification. The neighborhood is invited to shaze any concems or objections that they may have about the issuance of this license. In this case, two (2) letters of concern were received from the neighbor- hood, which triggered this heazing. There are three (3) possible outcomes of this hearing: 1) a recom- mendation from the Legislative Hearing Officer to the City Council that they approve this license without conditions; 2) a recommendation from the Legislative Heazing Officer to the City Council that they approve this license with conditions that have been agreed to by the appiicant; or 3) a recommend- ation from the Legislative Hearing Officer to the City Council that they refer this matter to an administrative law judge. That would be the option that is used if there are conditions that Ms. Moermond believes are necessary to make tlus a workable situation and the applicant is not agreeable to them; or if, for some reason, this is not going to be a workable situation at all, regardless of conditions placed on the license. An administrative law judge process is going to take three (3) to six (6) months, and most applicants choose to hire an attorney to guide them through. It is not only time consuming, but also somewhat expensive. Ms. Schweinler, LIEP, stated that the department recommends approval with no conditions. She added that the past license conditions were for two (2) licenses prior to this one (3 '/z years ago). The last two (2) licenses did not have conditions. The Irish pub was the one with the conditions. This license has been maintained by many different owners. It has been reverted back to the original owner, Mr. Chuck Mitch, several times. Approximately 3%z years ago, it was owned by a gentleman, who ran it as an Irish pub and there were some issues with noise and patrons, so, conditions were placed on the license at that time. Since then, it has transferred ownership three (3) times, and those licenses have been issued without conditions. Ms. Moermond asked Mr. Bennett how he fits into this ownership/management situation. Mr. Bennett stated that there were two (2) ownerships after the Irish pub, both on contract for deed; both ended up giving the business back to Mr. Mitch. Mr. Bennett is aiso on a contract for deed (since August 7, 2006) with Chuck Mitch, the owner of land and the building. From a restaurant standpoint, he stated that he plans to change the name of the business within a month to Bennett's Chop and Rail House. Their goal is to bring it back to the glory days of when Chuck Mitch ran it with really good food and really good service. That, he said, was the basis of their business plan. Like Mr. Mitch, they also plan to have a jazz band the last Tuesday of every month that will play from 7:00 p.m. until 10:00 p.m. That is the reason �� -5�a- he applied for the entertainment license—so that he could continue with that tradition for the neighborhood. The jazz group is Billy Evans and the New Orleans Jazz Quartet. They aze a five-piece, sometimes six-piece band. They start at 7:00 p.m., have rivo (2) breaks and aze done at 10:00 p.m. Dinner is served before and during. It's a very nice event; good for the neighborhood. A lot of regulazs come in every single month. Within the ten (10) weeks that Mr. Bennett has owned it, there has not been a fight, a police call, or any other probiem. His goal is to provide quality food first, and not be the late night baz spot. Their hours aze Monday through Thursday: i 1:00 a.m. to 11:00 p.m. (food it served until 10:00 p.m.). On Friday and Saturday, the hours aze 11:00 a.m. to midnight; 1:00 a.m. if there's people in there, but normally, they have been closing at midnight. Mr. Bennett added that the only time that there aze people outside of the establishment is when they go outside to smoke. Mr. Bennett gave a brief overview of his background. He was with Grandma's Restaurant Company in Duluth, Minnesota for twenty (20) yeazs, where he was the Vice President of Operations. Recently, he moved to Saint Pau] and worked for Monissey Hospitality where for 3 1/2 yeazs he was the Director of Restaurants for The Saint Paul Grill, Pazzaluna and Tria; and also worked other projects for Mr. Mortissey. His experience is more in dining tt�an bar. Ms. Moermond noted that one of the letters of objection alluded to the fact that the kitchen had been removed and a stage put in but from Mr. Bennett's discussion, it sounds as though there is a full kitchen. Mr. Bennett replied that there is a full kitchen, and it has always been in the same spot. When it was the Irish Embassy, the stage was put into the dining room where they just removed some tables and chairs. Since then, all of the tables and chairs have been put back. Now, when the jazz band performs, they just remove some tables and chairs; they don't put in a stage. Ms. Schweinler reported that the kitchen had not been torn out when it was the Irish pub. The owner just didn't use the kitchen; he was more bar oriented. When the Irish Embassy left, the next two (2) owners used the kitchen; Chuck Mitch had spent a lot of money up-grading the kitchen. Ms. Moermond went through the past license conditions. Ms. Schweinler noted that those past conditions were for the Irish Embassy and not for the last two (2) owners. The Office of License, Inspection and Environmental Protection (LIEP) is not recommending any conditions at this time. There have been no complaints at all in the last few years. Ms. Moermond asked Mr. Bennett if he would agree to a condition that all doors and windows be kept closed during entertainment hours. Mr. Bennett responded that the windows and doors are kept closed at all times anyway, so he would agree to that condition. Ms. Moermond read the concerns from the Biagi's letter: Loud music Patrons swearing and shouting Public urination Patrons drinking outside Littering sidewalks and boulevazds Ms. Schweinler stated that these concerns must stem from four (4) or five (5) years ago when it was the Irish Embassy because she has not received any complaints from the neighborhood since then. The Irish Embassy closed approximately 3%z years ago. Ms. Moermond asked Mr. Bennett whether he intends to do other things with the business. Mr. Bennett responded that at this point, he intends to change the name, paint the outside of the building, change the 2 �� "��oZ� signage and change the menu; and maybe, open for breakfast. Next spring, he intends to apply for a pario pernut, for only when food is available. He added that the clientele is basically, a neighborhood clientele, ranging in age from 30 — 75 yeazs old. Ms. Moermond suggested possibly putting on a condition that would guarantee a closing time, giving an assurance to the neighborhood. This condition could be reviewed or it could disappeaz at a six (6) month point if there are no issues. Ms. Schweinler stated that in order to take off a condition in the future, the whole public notification process would need to take place again. Once a condition is on, LIEP needs to notify the neighborhood if / when a condition is being removed. Mr. Bennett infonmed everyone that he has only a 1:00 a.m. license; and to this point, they haven't been open past midnight, especially Monday through Thursday. He thinks that a condition is not necessary and he would prefer not to have it on the license. Ms. Moermond recommended approval of this license application with the following condition: Doors and windows will be closed on the nights when there is live entertainment. Ms. Moermond also recommended that there be a sepazate directive to the department within the resolution, to provide a memo to the City Council, that there will be a review of the license at the six (6) month juncture. Ms. Moermond noted that this will be forwarded to the City Councilmember's office and will appear on the Consent Agenda which means that there will be no discussion on the item. She estimated that it would appear on the City Council Agenda in about three (3) weeks. The hearing was adjourned at 10:24 a.m. /jab