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07-1082coUn�i� Fi�e # D - D �- Green Sheet # 3045833 Presented by ESOLUTION OF INT PAUL, MINNESOTA �� WHEREAS, the Legislative Hearing Officer recommends that a request to add a(ID #0015999) Liquor - Outdoor Service Area (Patio) license to the existing licenses for Liquor On Sale-100 seats or less, Liquor On Sale—Sunday, Liquor On Sale-2 AM Closing, Entertainment (A), Restaurant (B�more than 12 seats, Gambling Location and Cigarette/Tobacco for Tom Scanlon, Owner, Scanlon's Pub Inc., doing business as Dubliner Pub at 2162 University Avenue West be approved with the following conditions: 1. Signage will be posted by the doorway leading to the patio reminding customers to show respect and consideration for the neighbozs. 2. No amplified music shall be broadcast on the patio after 10:00 p.m. on Sunday through Thursday nights and after I 1:00 p.m. on Friday and Saturday nights. THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application. Yeas Nays Absent Benanav �/ Bostrom �/ Harris �/ Helgen � Lantty i j Montgomery ,/ Thune � � d 3- Adopted by Council: Date ��/�Y��/I6�� Adoption Certified by Council Secretary �Y —__���/� � Approved by M�te t ! � —_ �`/ 1 ����� � Requested by Department of: � Form Approved by City Attorney � Approved by Mayor for Submission to Counci] � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 67�1og a-- co -���� Contact Person 8 Phone: Marcia Moertnond zss-es�o Must Be on Council Agenda by (Date) 14NOV-07 Doc.Type: RESOLUTION E-Document Required: Y Document Contact: Jean Birk�olz ConWct Phone: 266-8673 31-OGT-07 � Assign Number For Routing Order Green Sheet NO: 3045833 0 oancil 1 ooncil De artment Director 2 ' Clerk G5 Clerk 3 4 5 Total # of Signature Pages _(Clip All Locations for Signature) Approving the license application with conditions, per the Legislative Hearing Officer, ro add a(ID#0015999) Liquor-Outdoor Service Area (Patio) license to existing Iicenses for Tom Scanlon, owner, Scanlon's Pub Inc., doing business as Dubliner Pub, 2162 University Avenue West. or Answerthe Planning Commission 1. Has this person/firtn ever worked under a contract for this department? CIB Commitlee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this personffrzm possess a skill not normaily possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheef Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of Transaction: Funding Source: Financial Information: (6cplain) Activity Number: CosURevenue Budgeted: October 31, 2Q07 2:04 PM Page 1 ��� �� 07-I08a- CITY OF SAINT PAUL Chnstopher 8. Coleman, Mayor DEPARTMENT OF SAFEN AND INSPECTIONS Bob Kesslu, �veCOr Web Sle Atltlress. ww+islpaul.gov/dsi COMMERCE BUICDING Slite 2W Telephone: (65]) 2669090 8 Fourth Street Eas: Facsimile (C51) 2669099 SalrttPau(MinnewG55f01-1024 (65q2669f2d I agree to the following conditions being placed on the following license(s): License #: 20070001876 Type of Business: Entertainment (B) Liquor On Sale - 2 AM Closing Malt On Sale (Strong) Restaurant (B) - more than 12 seats Wine On Sale Applied for by: DARA THAI INC Doing Business As: DARA THAI RESTAURANT at: 769 MILTON ST N ST PAUL MN 55104 Conditions are as foffows: 1. The sale of Wine and Beer will take place only in conjunction with the sale and service of food. 2. The kitchen shall remain open and food service shall be provided at all times that wine and beer are being served. 3. Licensee will provide annually copies of gross receipts from the sales of food, wine, and beer, showing at least sixty (60) percent attributable to the sale of food. 4. My remodeling or expansion of this facility must be reviewed by DSI prior to beginning a project. 5. Licensee will not allow any loitering behind the building of the licensed business. 6. The ficensee shall build an interior service area in the back o4 his business (along Chatsworth Street) that would inciude a sound-proof wali which would prevent music being played inside to be hsard by those outside. The entertainment license, if approved, will not be issued until this condition is met and the building permit is finaled. 7. The iicensee must never prop open back doors during business hours {on the Chatsworth Street side). 8. The Iicensee may not dis�ose of beer bottles into his dumpster between the hours of 8:00 p.m. to 8:00 a.m. 9. Trash coilection for this business is al(owed to take place only between the hours of 7:�0 a.m. and 9:00 p.m. 10. The licensee must maintain video surveillance cameras in the front and back of the licensed premises. The number, quality, and placement of cameras must be approved by SPPD. License holder will keep the video surveillance cameras in good working order, Tapes/recordings must be maintained for a minimum of 30 days and must be available immediately upon request by a license inspector or the St. Paul Police Dept. 11. The license holder sfiall make sure that all exterior refuse, glass and trash that is on the premises, from the front door of the business to Chatsworth Street, is removed from the licensed premises on a daily basis. 12. This establishment must dose for business no later than 12:00 midnight, each night of the week. The licensee may request a review of this condition after six months. � � x���� I 1 i7 /U� Licensee Date D �-/D8 a- LICENSE HEARING MINUTES Dubliner Pub located at 2162 University Avenue West Friday, October 5, 2007, 10:00 a.m. 330 City Hatl, 15 Kellogg Boulevard West Marcia Moermond, Legislative Hearing Officer The hearing was called to order at 10:15 a.m. Staff Present: Reid Soley, Department of Safety and Inspections (DST); and Jean Birkholz, Council Research. Others Present: James Goldberg, owner, Midwest Hotel, 2144 University Avenue Dubliner Pub: Add Liquor Outdoor Service Area (Patio) license (I.D. #0015999) to the existing licenses for Liquor On Sale-100 seats or less, Liquor On Sale—Sunday, Liquor On Sale-2 AM Closing, Entertainment (A), Restaurant (B}—more than 12 seats, Gambling Location and Cigarette/Tobacco Ms. Moermond noted that Mr. Thomas Scanlon, owner of Dubliner Pub, was not present. That is a problem because at this level, many license conditions need to be acceptable to the applicant. Normally, the conditions would be negotiated with Mr. Scanlon. Without him being present, iYs difficult to negotiate. Ms. Moermond cannot force conditions to be placed upon the license. In order to force conditions, the process needs to go through an administrative law }udge and then back to the City Council again. Ms. Moermond will suggest conditions to deal with whatever concerns come up and staff will communicate them with Mr. Scanlon. Mr. Reid Soley, DSI, provided a staff report. He stated that Tom Scanlon is president of Scanlon's Pub Inc., doing business as Dubliner Pub, 2162 University Avenue West. There are no conditions placed on their licenses at this time. On July 5, 2007, the Land Use Committee of the Saint Anthony Park Community Council (District 12) recommended a waiver of the 45-day notice period for the issuance of the Liquor-Outdoor Service Area (Patio) license and on July 11, 2007, the City Council granted the waiver, so this patio is currently being used. Concerning inspection requirements, there are no Building issues. Environmental Health, License and Zoning all have approved it. Fire doesn't need to check-off on this license. The Department of Safety and Inspections recommends approval. Mr. Goldberg stated that he is not against the patio, although so far, Mr. Scanlon has not built a patio but instead, has put out four (4) tables. Mr. Goldberg has no problem with that. He, Mr. Scanlon and Councilmember Benanav had a meeting on August 8, 2007 at which time Mr. Goldberg expressed his concem about noise. Mr. Scanlon said that he would try to cut down the noise. He agreed to put up signs but he didn't do it. Mr. Goldberg said that he does not have a problem with liquor; he has a problem with the noise that is produced when people are drinking and having fun. The noise disturbs the sleeping of the people who live in his hotel, especially those who open the windows instead of using the air conditioner. The worst time is on the weekends. People are out there making noise until 2 a.m. People are going outside to smoke because of the smoking ban. At the meeting, Mx. Goldberg asked that the patio be open until 10 p.m. only for liquor sales. When the meeting was over, Mr. Scanlon said that there would also be music speakers outside. So, if there's music, the people will speak even louder. Mr. Goldberg asked Mr. Scanlon and Mr. Benanav who would reimburse him for the business he will be losing. He thinks that maybe he will need to take it to court. Mr. Goldberg explained that when the Dubliner Pub puts up their tent for St. Patrick's Day, iYs not only for one (1) day but four (4) days; the o� io8a next year iY s for six (6) and people have no where to pazk, so they park in his lot. He needs to hire security and put up No Parking signs; although they are disregarded. Mr. Goldberg reiterated that he is asking the City to have Mr. Scanlon close down the patio at 10 p.m. He read a recent article regazding the Shamrock Baz and Restaurant: The Council agreed to aliow restaurant service on a patio on the condition that the patio service cease by 10 p.m. The patio does not offer live music or recorded music which is a valid City ordinance. Shamrock's must also install security cameras, store video tapes from cameras for thiriy (30) days and tum them in to the police on request. Shamrock's will also make no attempt to seek a sepazate application for liquor service on the patio. Mr. Goldberg asked what the difference was between Shamrock's and the Dubliner. He thinks that maybe because Shamrock's is in a residential neighborhood, there are more people who would complain. The Dubliner is located in a primazily commerciai neighborhood and close at 5 p.m.; however, Mr. Goldberg is the only one with a residential facility, so he is the only one to complain. Ms. Moermond stated that with respect to the noise ordinance, she does understand the frustration with getting enforcement. Even if a condition were placed onto the license, one would still need to call the police if one felt that the condition was being violated. Ms. Moermond suggested that signage could be placed outside that would address Dubliner's patrons respecting the neighbors in trying to keep the noise under control, and she would recommend it in this particular situaxion. Ms. Moermond noted that she is inclined to ask Mr. Scanlon if he would abide by a condition and agree to have a condition about the hours of operation on the patio, but she added that she cannot force that condition on him. It would need to be a condition that he would accept. If he doesn't accept it, Ms. Moermond stated Yhat she is not inclined to tell the City Council that they should send the matter off to an administrative law judge. She thinks that the City would lose and she doesn't think it would be a good use of taxpayer dollars. With respect to the difference between Shamrock's and the Dubliner, the owner of the Shamrock agreed to abide by the conditions. The owner of the Shamrock was engaged with that conversation with the Council office and also with the neighbors. Ms. Moermond asked staff to draft a condition about the signage issue and also a condition relating to having no amplified music outside after 10 pm on Sunday through Thursday and after ll pm Friday and Saturday. The City will ask Mr. Scanlon to sign those conditions. In the absence of those conditions, Mr. Moermond stated that she will recommend that the City Council approve the license without conditions. The only other option she has is to recommend that the City Council refer this matter to an administrative law judge and have the conditions forced upon the license. Ms. Moermond is concerned that in that event, the City would not prevail and she doesn't think that it would be a good use of taYpayer money to send this matter of£ Mr. Goldberg responded that he is not going to lose his business; he has no choice except to take this to court. Ms. Moermond recommended approval with the following conditions: 1. Signage will be posted by the doorway leading to the patio reminding customers to show respect and consideration for the neighbors. 2. No amplified music shall be broadcast on the patio after 10:00 p.m. on Sunday through Thursday nights and after 11:00 p.m. on Friday and Saturday nights. The hearing was adjourned at 10:40 a.m. Jjab