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07-1173Council File # ���/�73 Green Sheet # 3047056 RESOLUTION �� Presented by MINNESOTA WHEREAS, the Legislatibe-�Ie�ing Officer recommends that a request to remove all existing license conditions from (ID #0018526) Bilco Inc., doing business as Billy's On Grand at 857 Grand Avenue be amended to include the following conditions: �!� Wait staff and managers will ensure that IDs aze checked so that patrons under the age of 21 will not be served alcohol and persons under 18 will not be sold cigazettes or other tobacco products. 2. The extension of service as a result of the renovation of the patio area is subject to the consent for the use of three (3) off-street parking spaces from the VC Parking Management Co. at the Vic II Parking lot. THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves these amended conditions to the license. Yeas Nays Absent Benanav � Bostrom ✓ Hanis � Helgen � Lantry ` Montgomery � Thune � d d , ` Adopted by Council: Date � Adoption Certified by Council Secretary BY // //iJ/�.i1�S�i� �i � Approved by Mayor: Date � Requested by Department oE � Form Approved by City Attorney � Approved by Mayor for Submission to Council � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � o�-r��� GO ����� ConWCt Person & Phone: Marcia Moertnond 26G8570 musc ne on councn wgenaa oy ryace� 12-DEC-07 Doc.Type: RESOLUTION E-Document Required: Y Document Contact: Jean Birkholz Contact Phone: 266-8673 04DEC-07 � Assign Number For Routing Order Total # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3047056 0 oonc0 1 oanc� De artmentD'uecWr 2 'ry Clerk Ci Clerk 3 4 5 Amending the license condi[ions, per the Legislative Heaiing Officer, for Bilco Inc., doing business as Billy's On Grand at 857 Grand Avenue ioanons: Hpprove �H� or rce�ecc �rc): rersonai service contrecu must wnswer tne rouowmg �tuesnons: Planning Commission 7. Has this person�rm ever worked under a contract for this depaAment? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current ciry employee? Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, OppoRunity (Who, What, When, Where, Why): Advantages If Approved: Disad�antages if Approved: Disadvantages If Not Approved: Transaction: Funding Source: Financial Information: (Explain) Activity Number: CosURevenue Budgeted: December 4, 2007 4:11 PM Page 1 LICENSE HEARING MINUTES ��r�173 Billy's On Grrand at 857 Grand Avenue Thursday, November 15, 2007, 10:00 a.m. Room 330 City Hall, IS Kellogg Boulevard West Mazcia Moermond, Legislative Hearing Officer The hearing was called to order at 10:10 a.m. Staff Present: Reid Soley, Department of Safety and Inspecfions (DSI); and Jean Birkholz, Council Research Others Present: Bill Wengler, business owner and John Wengler, son; and Jeff Ray, an observer Billv's On Grand: Request from licensee to remove all existing license conditions for the following licenses: Liquor On Sale — Over 200 seats, Liquor On Sale — Sunday, Liquor On Sale — 2 AM closing, Liquor — Outdoor Service Area (Patio), Restaurant (B) — more than 12 seats, Restaurant (E) — Extension, Restaurant (D) — Add-on (Bar Only), Entertainment (B), Gambling Location, Cigarette/Tobacco, and Catering Add-on Ms. Moermond stated that this hearing is about Class N Licenses; in this case, a request to remove conditions from the Class N Licenses, which requires neighborhood notification. Class N Licenses include things that have an immediate impact on their neighbors. The City received one letter of concern regarding the request to remove conditions from the licenses held by Billy's On Grand which means that a Legislative Hearing was necessary. Ms. Moermond will begin with a staff report. Staff will be asked to explain their review of this request and will also be asked to explain their recommendation. Then, she will ask the applicant to address his request. Next, she will address the concerns raised in the letter of concern. Finally, Ms. Moermond will make a recommendation which will be presented to the City Council. Ms. Moermond stated that there are three (3) possible outcomes from today's hearing: 1) she could recommend to the City Council that they lift all of the conditions from the license; 2) she could recommend to the City Council that they lift some of the conditions from the license; and 3) she could recommend to the City Council that they amend the conditions on the license. Mr. Soley, Department of Safety and Inspections (DSI), reported that this request is to remove all of the following conditions: 1. The licensee shall adopt a policy of uniform carding which shall require all employees to card every person seeking to purchase an alcoholic beverage at the licensed establishment before the sale is made. By agreement of the licensee, this condition is not only a condition of the stay of two days' suspension, but is also incorporated into the On Sale intoxicating Liquor licenses held by the above licensee as a condition of the continuation of such licenses. Failure to abide by this condition sha11 constitute independent grounds for taking adverse action against such licenses. 2. Every person attempting to purchase an alcoholic beverage under the age of 35 will be checked for a valid ID. 3. All waiY staff and managers will ensure that IDs are being checked. 4. At 6:00 p.m., extra staff (host or hostess) will be added to ensure IDs aze valid. � 7"�I7 �j 5. At 8:00 p.m., door people will be stamping the hands of those individuals that have presented valid IDs. 6. All employees will be MLBA (Minnesota License and Beverage Association) Certified. 7. The extension of service as a result of the renovation of the patio azea is subject to the consent for the use ofthree (3) off-street pazking spaces from the VC Pazking Management Co. at the Vic II Pazking lot. The DSPs recommendation in this matter is that the licensee be subject to the following two (2) conditions: Wait staff and managers will ensure that IDs are checked so that patrons under the age of 21 will not be served alcohol and persons under 18 will not be sold cigarettes or other tobacco products. 2. The extension of service as a result of the renovation of the patio area is subject to the consent for the use of three (3) off-street parking spaces from the VC Parking Management Co. at the Vic II Parking lot. Mr. Soley added that the department is unawaze of District 16's recommendation in this matter and there are no inspection requirements. Ms. Moermond asked how long ago the current condition # 1 was placed on the license. Mr. Soley responded that back in 1991, there apparently, were some issues with selling to minors. There was a five (5)-day suspension served at that time, and it was required with regard to those issues, that conditions #1 through #6 were imposed on the licensee. Billy's On Crrand has passed every alcohol compliance check since 1999 when there was some issue with alcohol being allowed to leave the establishment and the licensee paid $1,000 fine, In 1997, there was a fine of $2,000 for sale of alcohol without checking ID. Ms. Moermond asked Mr. Wengler what he thinks about the two (2) conditions that DSI recommended for this license. Mr. Wengler responded that he has no objection to them. Ms. Moermond asked Mr. Wengler why he wants the original conditions lifted. He replied that they were put on the license in 1991. Several years ago at a meeting, Bob Kessler recommended that Mr. Wengler apply to have those conditions removed from his license because they never should have been put on. Recently, he phoned Mr. Kessler and said that he decided to finally take him up on that, so Bob turned the file over to Mr. Soley. Ms. Moermond asked how long it has been since there have been complaints. Mr. Soley answered that iY s been since 1999, and that had to do with allowing a customer to leave the establishment with liquor. The last time there has been a sale to minors was in 1991. Ms. Moermond refened to the letter of objection from Kazen Chen, M.D., which talks about the spin-off effects of this bar. However, it's probably hard to distinguish the spin-off effects from this bar versus other bars in the immediate vicinity. Mr. Wengler noted that Dr. Chen is only about 100 feet to the Wild Onion. Dr. Chen talks about the large number of college age young adults in the area and is concerned D �-/�73 about under age serving and over-service. Ms. Moermond asked if over-serving has been a documented problem at this establishxnent. Mr. Soley stated that it was not referenced in their data base notes. Ms. Moermond asked Mr. Soley if he happened to know what conditions aze placed on other bars in the immediate vicinity. Mr. Soley responded that he does not. He continued to say that the imposition of the first six (6) conditions had to do with the trouble back in 1991. He added that he spoke with Sgt. David Shoen, who ran the police report and works in DSI's office space. He asked Mr. Shoen about his impression of the matters on the report. Sgt. Shoen responded that the matters on the report are pretty routine stuff. They have a lot of college-age kids drinking there and sometimes they get rowdy. He added that Billy's on Grand is not a problem spot for the police department; it's an ordinary type of college bar. Sgt. Shoen also stated that he was personally involved with alcohol compliance checks at least four (4) times recenfly at Billy's and in every case, the decoy was stopped at the door and not allowed admission. Ms. Moermond recommended the following modified conditions be added to the license: Wait staff and managers will ensure that IDs are checked so that patrons under the age of 21 wili not be served alcohol and persons under 18 will not be sold cigarettes or other tobacco products. 2. The extension of service as a result of the renovation of the patio area is subject to the consent for the use of three (3) off-street parking spaces from the VC Parking Management Co. at the Vic II Pazking lot. Mr. Jeff Roy asked Mr. Wengler to clarify how they prevent over-service. Mr. John Wengler replied that when they hire a server ( bartender, they go through an extensive interview process; and the interviewees need to have had experience serving aicohol. Most of their servers are 21 years of age or older. They must next go through the MLBA training. All are trained to look for signs in people that show they are at their alcohol limit intake. Also, the bar does not allow party buses to come in after midnight, and when party buses come in before midnight, each person is scrutinized d to make sure they are not intoxicated. The hearing was adjourned at 1031 a.m. /jab