07-267Council Rile # � 7�10 7
Green Sheet # 3037754
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Whereas, the Legislative Hearing Officer recommends that the license application for Liquor on Sale-
100 Seats or Less, Liquor On Sale-Sunday, Liquor On Sale-2 A.M. Closing, Liquor-Outdoor Service
Area (Patio), Restaurant B-More than 12 Seats, Restaurant D-Add On (bar only), Entertainment B,
Gambling Location, and Cigazette/Tobacco Licenses by International Network Association, Inc., doing
business as Luxor Lounge, Dao Hoang, owner, located at 719 Dale Street North, be approved with the
following conditions:
1. The use of the upper floor is prohibited until approvals are given by Environmental Health and
Zoning Administration.
2. Ali required permits must be obtained before work can be done in this establishment.
3. The licensee shall provide working video surveiliance cameras and recorders on the premise by
May 11, 2007, to provide documentation of activities on the interior and exterior of the
establishment. There shall be a minimum of two cameras placed inside the building and two
outside the building. This equipment must be in operation during all business hours. Recordings
must be maintained for a minimum of thirty (30) days and must be immediately available to the
Saint Paul Police Department and the Office of License, Inspections, and Environmental Protection
upon request. The license holder shall work with the Saint Paul Police Departrnent to make sure
that the security cameras are properly aimed and placed to provide surveillance of the premises.
4. The license holder shall make sure that all refuse and trash that is on the premises and(or
sunounding sidewalks is removed from the licensed premises, the surrounding sidewalks, and the
alley by noon on a daily basis.
5. The license holder shall provide security to patrol the exterior of the premises (including the
parking 1ot) on a regular basis between the hours of 8:00 p.m. to 2:00 a.m. to prohibit loitering.
THEREFORE, BE IT RESOLVED that the Councii of the City of Saint Paul approves this license
application with the aforementioned conditions.
Adoption Certified by Counc' Secretary
BY� ri/ ��ii�s�/I
Approved b ay ' Date „�����
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By:
Requested by Department of:
By:
Form Approved by City Attomey
By:
Form Approved by Mayor for Submission to Council
By:
RESOLUTfON �
CITY OF SAINT PAUL, MINNESOTA
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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ContaM Person 8 Phone:
Marda Mcermond
266-8560
Must Be on Counril Aaen
Doc. Type: RESOLUTION
E-DOCUment Required: N
DocumeM CorHact: Racquel Naylor
Contact Phone: 266-8573
rs�,��vsYi
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Assign
Number
For
Routing
Order
Total # of SignaWre Pages ^ (Clip AI! locatians fw Signature)
Green Sheet NO: 3037754
0 ,Council �
1 onncil _ Departmeut Directar
2 'ty C1erk �
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Approving the applicarion with condirions, per the Legislative Hearing Officer, for Liquor On Sale-100 Sea[s or Less, Liquor On
Sale-Sunday, Liquor On Sale-2 a.m. Closing, Liquor-Outdoor Service Area, Restaurant B-More than 12 Seats, Restaurant D Add-
on, Entertainment B, Garabling Location, & CigazettelTobacco licenses by Dao Hoang, Internarional Network Assoo. dlbla Luxor
Lounge, 719 Dale St. N.
ioanons: Npprove �H� or n
Planning Commission
CIB Committee
Civil Service Commission
1. Has this personlfirm ever worked under a conVact for this department?
Yes No
2. Has this person�rm ever been a city employee?
Yes No
3. Oces this personlfirm possess a skill frot fromrally possessed by any
current city employee?
Yes No
Expfain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages If Approved:
Disadvantages If Approved:
Disadvantages Lf Not Approved:
Transaction:
Funtling Source:
Financial information:
(Explain)
Activity Number.
CosURevenue Budgeted:
March 14, 2007 1222 PM Page 1
0���7
MiNUTES OF THE LEGISLATIVE HEARING
LUXOR LOUNGE — 719 Dale Street North
Room 330 Courthouse, 15 Kellogg Boulevazd West
Friday, February 16, 2007
Mazcia Moermond, Legislative Hearing Officer
The hearing was called to order at 2:00 p.m.
STAFF PRESENT: Jeff Fischbach, License, Inspections, Environmental Proteciion
(LIEP)
Mazcia Moermond explained that this is a Legislative Hearing. At the end of this
heazing, she will make one of three recommendations to the City Council: 1) grant the
licenses with no conditions, 2) grant the license with conditions that have been agreed to
by the application, 3) refer this matter to an Administrative Law Judge if there is no way
this business will work at this location or the applicant is not agreeable to conditions that
Ms. Moermond recommends. There was one letter written with concerns, which is
enough to trigger this hearing process. She wi11 start with a staff report.
Jeff Fischbach reported this is a license application for 719 Dale Street North,
International Network Association Incorporated, doing business as Lusor Lounge. Dao
Hoang is the owner. She has applied for the following licenses Liquor On Sale-100
Seats or Less, Liquor Qn Sale-Sunday, Liquor On Sale-2 A.M. Closing, Liquor-Outdoor
Service Area (Patio), Entertainment (B), Restaurant (B)-More than 12 Seats, Restaurant
D-Add-on (bar only, located in the patio azea), Gambling Location, and
CigarettefTobacco Licenses. The current license holder is Rainbow Bar Incorporated,
doing business as Over the Rainbow. Luxor Lounge is operating under a management
agreement with them since December pending this license application. Environmental
Health is under review of this license application. Fire, Licensing, and Zoning have
approved this license application with conditions. LIEP is recommending approval witl�
the following conditions: 1} tlse of the upper floor is prohibited until approvais are given
by Environmental Health and Zoning Administration, 2) All required permits must be
obtained before woxk can be done in this establishment.
Ms. Moermond asked is the second floor being used now. Mr. Fischbach responded that
the owner cannot use the second floor. There was something put there by the previous
owner that was not approved for occupancy. Ms. Hoang understands that she cannot be
up there.
Dao Hoang, owner, appeared and stated they opened the business on December 14. It is
a full restaurant and baz. They aze open from 9:00 a.m. to 2:00 a.m., seven days a week.
Business is a littie slow because of the holidays, but they are expecting it to pick up.
They are trying to keep the place clean, trying to get entertainment going with Karoake,
and trying to promote the place.
070)(0�
MINUTES OF THE LEGISLATIVE HEARING FOR LUXOR LOLTNGE Page Z
Ms. Moermond asked Ms. Hoang is she the baz manager in addition to the license
applicant and owner. Ms. Hoang responded yes.
Ms. Moermond asked is she there all the time. Ms. Hoang responded she is there most of
time, but she just had a baby girl three days ago. She was expecting to have her baby
after today's hearing. She felt she still had to attend this hearing. In the past three days,
she has not been there much. She pretty much manages it on her own. She has not hired
management yet.
Ms. Moermond stated that the owner went to the neighborhood meeting. Ms. Hoang
responded that she went to the District 7 meeting and they pointed out four conditions for
the license. Ms. Hoang has no problem with the conditions. It is part of the business to
have surveillance cameras and pick up the parking lot.
Bao Lee, District 7 Planning Council, 719 Dale Street North, appeared and stated they are
here to support the issuance of the license for Luxor Lounge. The neighborhood has had
a lot of run-ins with that establishment as Over the Rainbow. Last summer, Over the
Rainbow was cited for operating the upstairs, showing commercial and pornographic
movies, and having an outside event without having the proper licenses. The neighbors
are excited about somebody new coming in. People are impressed with the
improvements to the bar. They talked with the owner at the meeting and proposed
conditions. They did not include the wanding, checking, and having identifiable security
at the door. Because this is a new establishment, they are giving that extra opportunity to
make a positive addition to the community. In place of that, they are asking that the
owner meet with them in six months.
jNote: These are the conditions recommended by the District 7 Planning Council:
1) The licensee shall install four video surveillance eameras no later than six months
after she is issued Zicenses to operate. Two of theses cameras shall be placed
inside the establishment. Another two shall be used to monitor the activities
outside of the building (one should monitor the main entrance to the
establishment). The Zicensee shall keep videotapes for 30 days and makes tapes
immediately available upon request to St. Paul Police or the Office ofLicense,
Inspection, s and Environmental Protection.
2) Establishment employees wild daily monitor the perimeter of the property for
trash and bottle pickup.
3) Establishment employees will daily police the perimeter of the property every
hour behveen 8 p.m. to 2 a.m. to discourage loiiering.
4) The Zicerzsee shall meet witk the District 7 Planning Council and its membeNS six
months after approval ofthe licenses to discuss safety and security needs andlor
possible additions or revision to these license conditions. j
Ms. Moermond asked did staff review the license conditions that the estabiishment came
up with. Ms. Schweinler responded that they have no objections to them being on the
license as long as the licensee is okay with it.
07�67
MINUTES OF THE LEGISLATIVE HEARING FOR Li3XOR LOUI�3GE Page 3
Ms. Moermond stated she has some concems about the District Council's conditions. As
for Condition 1, staff may want to tinker with the language for the video surveillance
cameras so that it is consistent with other licenses. Staff should tinker with the language
on Condition 3, also. It is so precisely written that someone could complain that they
were not there at 10:00 p.m. one Saturday night and violated a condition. Ms. Moermond
would like the language to be more flexible. Ms. Schweinler responded that most likely
the condition would be that the business monitors the parking lot to deter loitering. They
abut the parking from Melina's bar next door, too. If there is a problem, they should call
the police immediately. She would rather see the police calls coming from the
establishment rather than the neighborhood. It would be a good thing from the
management perspective.
Ms. Moermond does not think Condition 4 should be a license condition. Failure to
make a meeting shouid not be grounds for adverse action on a license. Ms. Schweinler
responded this is not something that is easy to enforce, although they like to see the
district councils and businesses warking together.
Again speaking about Condition 4, Ms. Moermond would like to have a review in writing
in six months about where the owner thinks the security issues are at with this location.
The City monitors the license. When they get communication on a complaint, they will
look into it. In addition, the City will formally invite the district councils to provide input
in the six month juncture. Ms. Schweinler responded that she will put it on the calendar
to check with the owner to see if everything is okay.
Mr. Fischbach stated that Condition 1 recommended by the district council does not have
a date on it.
Ms. Moermond asked the business plans for the surveillance cameras. Ms. Hoang
responded she has quotes coming in. She told the district council six months. She wouid
like to get it in by the summer. Ms. Moermond responded she would go with three
months. When the license is checked at six months, the cameras will be in place for three
months already and the owner will have a good sense of how they are working for her.
The owner will have the cameras operational by May ll.
Mr. Fischbacb stated that he will have the conditions modified next week.
Ms. Moermond recommends approval of the license application with the following
conditions:
1. The use of the upper floor is prohibited until approvals are given by Environmental
Health and Zoning Administration.
2. All xequired permits must be obtained before work can be done in this establishment.
3. The licensee shall provide working video surveillance cameras and recorders on the
premise by May 1 I, 2007, to provide documentation of activities on the interior and
exterior of the estabiishment. There shall be a minimum of two cameras placed
inside the building and two outside the building. This equipment must be in
operation during all business hours. Recordings must be maintained for a minimum
G 7 �� �
MINUTES OF THE LEGISLATIVE HEARING FOR LUXOR LOiJNGE Page 4
of thirry (30) days and must be immediately available to the Saint Paul Police
Department and the Office of License Inspections and Environmental Protection upon
request. The license holder shall work with the Saint Paul Police Department to make
sure that the security cameras aze properly aimed and placed to provide surveillance
of the premises.
4. The license hoider shall make sure that all refuse and trash that is on the premises
and/or surrounding sidewalks is removed from the licensed premises, the surrounding
sidewalks, and the alley by noon on a daily basis.
5. The license holder shall provide security to patrol the exterior of the premises
(including the parking lot) on a regular basis between the hours of 8:00 p.m, to 2:00
a.m. to prohibit loitering.
THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul approves
this license application with the aforementioned conditions.
The hearing was adjourned at approximately 230 p.m.
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