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07-154Council File # C� 7 Green Sheet # 3036987 RESOLUTION OF Presented by PAUL, MINNESOTA ■1 WHEREAS, the Legislati Hearin fficer recommends that the application for Liquor On Sale — over 100 seats, Liquor On Sale — Sun ; iquor On Sale — 2 AM Closing, Liquor Outdoor Service Area (Patio), Entertainment B, Restaurant (B) — more than 12 seats, Gambling Location, Cigarette/Tobacco licenses for Jefferson Avenue Investments Inc., doing business as Spanky's Bar & Grill (ID #2Q�60003441) located at 825 Jefferson Avenue, be approved with the foilowing conditions: 1. The management of the licensed establishment shall provide security in the parking lots at bar ciosing and again 30 minutes after closing, to ensure that the patrons leave the premises and the parking lots without causing a disturbance in the sunounding neighborhoods. Patrons shall be advised of the necessity of leaving in an orderly manner and shall not be permitted to loiter outside the bar or in the pazking lot. 2. Signage shall be prominently posted at all entrances and exits to make patrons aware that when they leave the premises, they aze exiting into a residential neighborhood and must show respect and consideration for the residents. THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application. Yeas Nays Absent Benanav ' Bostrom � Harris f Helgen J Lantry v Montgomery �/ Thune i/ � d � � Requested by Departrnent of: sy: Form Approved by City Attomey � Adopted by Council: Date °�/�//� � T Adoption Certified by Council Sec etary By: ' Approved b ay r: ate �L � � Approved by Mayor for Submission to Council � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �77 CO -COUncil Contact Pewon & Phone: Marcia Moertnond 26G85�0 Doc. Type: RESOl.UTION EAocumeM Required: Y Document Contact: Jean Birkhoiz ConWd Phone: 266-8673 13-FEB-07 � ASSign Number For Routing Order Total # of Signature Pages _(Clip All Locations for Signature) Cost/Revenue Budgeted: Approving the license application with conditions, per the Legislative Hearing Officer, for Restaurant (B) - more than 12 seats, Liquor On Sale - over 100 seats, Liquor On Sate - Sunday, Liquor On Sale - 2 AM Closing, Liquor - Outdoor Service Area (Patio), Entertainment B, Gambling Location and Cigarette/Tobacco licenses for Spanky's Baz & Grili, 825 Jefferson Avenue. �tlatbns: Approve (A) or Reject (R). Pereonal5erv�ce Gontracts rvwst wnswer tne ro�mwmg �tuescwns: Planning Commission 1. Has this personffirm ever worked under a contract for this tlepartment? CIB Commiriee Yes No Civii Service Commission 2. Nas this person�rm ever 6een a city empbyee? Yes No 3. Does ibis person/firm possess a skill not nortnally possessed by any current city empfoyee? Yes No F�cplain all yes answere on sepa2te sheet and attach to green sheet Initiating Problem, Issues, OppoRunity {Wbo, What, When, Where, Why): Advarnages H Approvetl: Disadvantages If Approved: Disadvantages If Not Approved: Transactio�: Funding Source: Financial Information: (Explain) Green Sheet NO: 3036987 0 ouoc�l ] onawl De artmentD"ueeto� 2 3 ' 4 5 ' Clerk Ci C�erk Activity Number: ��'c'�'�w�� �SG °� . i .: .: �,-. �. February 13, 2007 3:23 PM Page 1 �7 �s� LICENSE HEARING MINUTES Spanky's Baz & Grill, 825 Jefferson Avenue Monday, February 5, 2007, 130 p.m. 330 City Hall, I S Kellogg Boulevard West Mazcia Moermond, Legislative Hearing Officer The hearing was called to order at 130 p.m. Staff Present: Jeffrey Fischbach, License, Inspections and Environmental and Protection (LIEP); and Jean Birkholz, Council Research Others Present: Matthew Long, business partner and Ted Anselume, general manager (partner, Thomas Williams was not present) Spanky's Bar & Grill: Liquor On Sale — over 160 seats, Liquor On Sale — Sunday, Liquor On Sale — 2 AM Closing, Liquor — Outdoor Service Area (Patio), Entertainment B, Restaurant (B) — more than 12 seats, Gambling Location and CigarettelTobacco licenses Ms. Moermond stated that this license application is for a Class N License which requires neighborhood notification. Other Class N Licenses include: auto body, auto sales, etc., things that have an immediate impact on their neighbors. The City received one letter of objection to the issuance of this license which means that a Legislative Hearing was necessary. Ms. Moersnond explained that there are three (3) possible outcomes to this hearing. She could: 1) recommend to the City Council that they grant this license without any conditions; 2) recommend to the City Councii that they grant this license with agreed upon conditions; or 3) recommend to the City Council that they refer this matter to an Administrative Law Judge, which usually takes from four (4) to six (6) months. Ms. Moermond would use this option if she thinks that there's no way that this business is workable at this location or if she thinks that there are conditions that are absolutely necessary to make it workable that the applicant finds unacceptable. Ms. Moermond's recommendation will come to the City Council as a resolution and it will appeax on the Consent Agenda. Ms. Moermond will begin with a staff report. Staff will be asked to explain their review of the application, and will also explain their recommendation. Then, she will ask the applicant to talk about the business plan. Next, she will hear from people who are here in support of the issuance of the license and those with concerns about the issuance of the license. Then, she will talk about how to deal with some of those concerns. Finally, Ms. Moermond will make a recommendation which wili be presented ta the City Council. Jeff Fischbach, LIEP, reported that this is a license application for Jefferson Avenue Investments Inc., doing business as Spanky's Bar & Grill at 825 Jefferson Avenue. Matthew Long and Thomas Williams are partners in this business. The previous business at this address held the same licenses that are currently being applied for. The license applicant went to the district council and requested a waiver of the 45 —day notice so that the licenses could be issued eazlier. The district councii agreed to the waiver, so the City Council issued the license; however, the notification still had a deadline. The City did receive two (2) letters of concern regarding the license applications, so That necessitated a legisiative heazing be held. Ms. Moermond asked who the previous holder of these licenses was. Mr. Long responded that Jeffrey Stickney (Spanky) was the previous ownerioperator. � �-�s � Mr. Fischbach conUnued his report. Environmentai Health, Fire, Licensing and Zoning all approved the license. LIEP has not recommended any conditions. Ms. Moermond asked if LIEP has received any complaints since the issuance of the license to these gentlemen. Mr. Fischbach responded that LIEP has not received any complaints to his knowledge other than those generated from the notification to the neighborhood. Mr. Fischbach entered a police call log into the file. Ms. Moermond asked how long the partners have operated the business. Mr. Long responded that they had been under a management agreement since the end of September 2006 while the license transfer was in process. Ms. Moermond asked about the two (2) incidents on the police log involving transporting individuals to detox. Mr. Anselume responded that the first incident was about an individual in the baz who had no money on him, so the bar offered to call and pay for a cab. He refused to get into the cab, so they had no choice but to ca11 the police. The second incident involved an individual who came up to the door after hours. One of the employees opened the door to let him in, so, they called the police to take him away. Mr. Long added that because of the insurance ramifications, they are overly cautious about not to over- serve. If someone comes in already intoxicated, rather than getting into a physical confrontation, they chose to call the police. Ms. Moermond asked if there had been complaints on the previous license holder. Mr. Fischbach responded that there doesn't appear to have been any complaints in 2005 or 2006. Mr. Long stated that they've received a very positive response from the neighborhood and their patrons. He lives about six (6) to eight (8) blocks from the business location. He and his partner saw an opportunity in the business with an absentee owner. Ted, the general manager, had worked at Spanky's for a number of years before his partner, Tom and he took it over. Ted is a great asset in knowing how the business was and how it can be improved for the future. Mr. Long noted that they will be changing the name to Tavern on the Avenue and will be doing a big clean-up. Already, they've painted the building ($7,000). They had a good idea that everything was going to go through; their records aze clean. Mr. Long also holds another liquor license in the City of Saint Paul. They aze trying to draw a larger cxowd for entertainment, and they are scheduling entertainment twice a month instead of two (2) ar three (3) times a week. They have re-worked the menu and are trying to focus on seiling more food. They intend to create a warm atmosphere where both good food and drink are served and where patrons will want to retutn. They have hired bouncers (hosts and greetexs who make sure everyone is 21), non- confrontational people who are not looking to settle a score. One of those personnel is in training to be a police officer. Mr. Long and his partner aze very excited about their opportunity to acquire this facility, and the last thing they want to do is lose it because they can't get along with the neighbors. He is gratefui for the letters of concern. They provide an opportunity for them to work with their neighbors to improve the situation. This is a long term commitment for Mr. Long and his partner, so they want to be able to be friends with their neighbors. Mr. Long has not been to a community meeting, but he has spoken with Betty Moran at the Fort Road Federation. He explained that the reason they asked for a waiver is because the previous owner was getting azixious about the sale. Mr. Fischbach asked that Mr. Long submit a letter informing LIEP about their plans for entertainment as well as listing their general manager with his contact information. o� is� Ms. Jenny Shegos, who lives across the street on Fulton, entered her concerns into the record. She had written a letter. She bought her house in May 2006. Before she bought her house, her reaitor asked around to see if the neighbors had any problems with Spanky's, and the neighbors all said that they had a very good relationship with the bar. The only noise issues happened when people were leaving the baz in their cazs. During last sunnner, there was more noise created with the patio and people coming outside the bar to smoke. The bigger problems have happened late at night when people leave the bar. There ]s a lot of noise; a lot of yelling and screamiug. Some people leave their loud music on for long periods of time. She said that the noise problems would not lead her to call the police; maybe she would talk with the ownerslmanager. Her real concern began in October 2006 when she called the police several times when people were in the pazking lot between 2 and 3 a.m. making a lot of noise. There was some type of altercation and soon they were in front of her house. People were rucuiing down the streets. It was very disturbing for her to have this happen right in front of her house. So, her concern is mainly far what happens after hours in the pazking lot. She is afraid for how bad it might get in the suuuner when it's warm outside. These altercations happened on Sunday and Monday mornings, when she had to go to work the next day. She finds that behavior absolutely unacceptable. She is respectful of her neighbors and she hopes that her neighbors, in this case, Spanky's, is also respectful of her. Mr. Long stated that they have been closing at 1 a.m. during the interim period from the end of September 2006 through the beginning of January 2007. So, he thinks that perhaps people may have left Spanky's at I a.m. and walked to a 2 a.m. bar nearby, then, came back and got into their cars long after Spanky's was closed. Ms. Shegos asked whether it was Spanky's responsibility to take care of noise issues even if iYs afrer hours. Mr. Long responded that he thinks it is their responsibility. He added that on Sunday and Monday nights, the bar may have eight (8) to ten (10) people at the most at closing time. Usuaily, those are steady patrons who just get into their cars and go home. To him, it sounds as though people are meeting in their parking lot. He noted that they hauen't heazd of this before. Ms. Moermond noted that according to the police ca11 record, there have been four (4) ca11s on this type of disturbance that came in that general time period. The first was at 2:20 a.m., May 27, 2006: disturbance-fights, advised; the second was 2:56 a.m., October 25, 2006: disturbance-fights, unfounded; the third at 2:33 a.m., December 11, 2006: disturbance-fights, service not required; and the fourth at 2:40 a.m., 7anuary 13, 20Q7: other assaults, gone on arrival. Ms. Moermond thinks that perhaps being open until 2 a.m. might help because staff will still be azound doing clean-up. Ms. Moermond read a letter from a neighbor who also pointed out bad behavior outside the bar and would like to see more security outside, especially at closing time. There are also trash and nolse issues they are concerned about. Ms. Moermond noted that it is sometimes useful to remind pattons that they are in a residential neighborhood and that they need to respect the neighbors. Some places choose to do that with signage at exits or in the restrooms; some do it on their menu. Mr, Long agreed to put up signs to that effect. Aiso, Ms. Moermond will add a condition that security personnel make sure the pazking lot is cleared out after closing and checked again thirty (30) minutes after closing. Mr. Long stated that the hours of operation aze from 11 a.m. to 2 a.m, everyday, with the exception of days when games begin earlier. Also, on St. Patrick's Day, they open at 8 a.m. o �-is Ms. Moermond asked if the establishxnent will be seeking permits in the future for outside entertainment. Mr. Long responded that he hasn't anything like that planned. She advised him to flyer tkie neighborhood and talk with the district councii if tk�ey would ever do outside entertainment. Regazding trash pickup, Mr. Anselume said that they have someone who picks up trash in the parking lot and surrounding azea after the sun comes up. Ms. Moermond recommended approval with the foilowing conditions: 1. The management of the licensed establishment shall provide security in the parking lots at bar closing and again 30 minutes after closing, to ensure that the patrons leave the premises and the parking lots without causing a disturbance in the surrounding neighborhoods. Patrons shall be advised of the necessity of leaving in an orderly manner and shall not be permitted to loiter outside the baz or in the parking lot. 2. Signage sha11 be prominently posted at all entrances and exits to make patrons aware that when they leave the premises, they are eaiting into a residential neighborhood and must show respect and consideration for the residents. The hearing was adjourned at 2:21 p.m. /jab