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07-471Council File # �� Green SLeet # 3040197 RESOLU710N t� CITY OF SAINT PAUL, MINNESOTA 1. The only persons admitted into the licensed premises shall be members and their bona fide guests. Guests must register by signing the guest book when entering. The guest book must be placed at the front door. The required format for the guest book shall be first name and last name, both signed and printed; and status of guest or member. All must be in date order and readable. Guest records must be kept for six (6) months and will be made available to the inspector or police officers upon request. 2. The licensee will not serve or allow the consumption of alcoholic beverages by any member under the age of 21, and will require all guests of inembers to have valid proof of age in order to be served or consume beverages. 3. 75% of all employees and volunteers will participate in alcohol awareness training on an annual basis. (LIEP will provide a list of trainers.) 4. No alcohol will be allowed to leave the licensed premises. 5. Management must call police when there are serious problems either inside or outside of the establishment. Pushing uuruly patrons out into the neighborhood is not acceptable. 6. Maintain in good working order video surveillance cameras and recorder on the interior and exterior of the establishment during business hours. Tapes must be maintained for seven (7) days and available to police and inspectors when requested. 7. Maintain a ban list of all customers/persons banned from the establishment for assaultive, disorderly or disruptive behavior. The list at a minimum shall contain a name and description of the banned patron, as well as the date they were advised they were banned. This list will be made available to police and inspectors when requested. 8. Per City of Saint Paul Legislative Code 411.02, the definition of Entertainment A is, "Amplified or non- amplified music and/or singing by performers without limitation as to number, and group singing participated in by patrons of the establishment (includes karaoke)." Entertainment A license does not allow for patron and/or performance dances. 9. The club must install a metal detector or wand patrons at the entrance. 10. 1/11/2005 – The VFW will not reopen until a LIEP inspector has verified that all conditions have been met. 11. The doors of the VFW must remain closed during the time that entertainment is provided. WHEREAS, the Legislative Hearing Officer recommends that a request to add an Entertainment A License to the existing licenses for Liquor On Sale—Club under 200 Members—A, Restaurant B—more than 12 seats and Liquor On Sale—Sunday licenses for (I.D. #0057268) Randolph Freeman, Post Quarter Master, Twin Star VFW Post 8854 at 820 Concordia Avenue be approved with the following conditions: 12. The trash shall be picked up daily by the VFW within a one-block radius of the area. � 7— � 7/ THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application. Benanav Boshom Harris Helgen LanLy MouYgomery Thune Yeas Nays Absent ✓ ✓ ✓ ✓ � ✓ ✓ � � .�'! � Requested by Department of: � Form Approved by City Attomey � Adopted by Council: Date Adoption Certified by Counci] Secretary BY� � / /li�c/ / �l �/l_:i� Approved by Mayor: Da e � L�! � Approved by Mayor for Submission to Council � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet DepartmenVo�celcouncil: Date Initiated: co �o�� 2�-�,Y-0� Green Sheet NO: 3040197 Contact Person 8 Phone: Marcia Mcermontl 266-8570 Must Be on �GJUN-07 Doc. RESOLUTION E-0ocument Required: Y Document Contact: Jean Birkholz Contact Phwie: 266-8673 � VepBfiRrcna aena �o rersvn 0 N Assign 1 ompl De ar[mentDirector Number 2 - Cle�k GS Clerk For Routing 3 Order 4 5 Toql # of Signature Pages _(Clip All Locations for Signature) �`� D��`T7l Approviag the license application with condi[ions, per the Legislative Hearing Officer, for an Entertainment A License for Twin Staz VFW Post 8854 at 820 Concordia Avenue. itlffilons: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions: Planning Commission 1, Has this person/firm ever worked under a conUact 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 personlfirm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separote sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: Disadvantages If Approved: Disadvantages If Not Approved: Transaction: Funding Source: Financial Information: (Explain) CostlRevenue Budgeted: Activity Number. �� �� � MAY 2 9 2007 May 29, 2007 12.33 PM Page 1 o�-�7t LICENSE HEARING MINUTES Twin Star VFW Post 8854 located at 820 Concordia Avenue Thwsday, May 3, 2007, 10:00 a.m. 330 City Hall, 15 Kellogg Boulevard West Marcia Moermond, Legislative Hearing Officer The hearing was called to order at 10:01 a.m. Staff Present: Kristina Schweinler, License, Inspections and Environmental and Protection (LIEP); and Jean Birkholz, Council Research Others Present: Randolph Freeman, Quarter Master; Donald R. Lowe and Henry Denkins, House Committee members; Marquita Ransom; and Pastor John Kittrell, New Jerusalem Baptist Church Twin Star VFW Post 8854 Entertainment A License Ms. Moermond stated that this is an informal hearing and today we have a license application for a Ciass N License which requires neighbozhood notificafion. Other Class N Licenses include: auto repair, auto sales, gambling, liquor, etc.—things that have an immediate impact on their neighbors. The City received severalletters of objection to the issuance of this license which means that a Legislative Hearing was necessazy. There aze three (3) possible outcomes to this heazing. Ms. Moermond could: 1) recommend to the City Council that they grant this license without any conditions; 2) recommend to the City Council 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 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 wiil hear from people who aze here in support of the issuance of the license and those with concerns about the issuance of the license. Then, she wiil talk about how to deal with some of those concerns. Finally, Ms. Moermond will make a recommendation which will be presented to the City Council. Ms. Schweinler reported that this is a request for a Class A Entertainment license which allows for amplified and non-amplified music, live bands without limitation to numbers but it does not allow for patron dancing. It meets the requirements for Zoning, Health and Fire. Licensing is reserving recommendation until after testimony is heazd. The following conditions aze currently on the license and will remain: 1. The only persons admitted into the licensed premises shall be members and their bona fide guests. Guests must register by signing the guest book when entering. The guest book must be placed at the front door. The required format for the guest book sha11 be first name and last name, both signed and printed; and status of guest or member. All must be in date order and readable. Guest records must be kept far six (6) months and will be made available to the inspector or police officers upon request. o �-�!7/ 2. The licensee will not serve or allow the consumption of alcoholic beverages by any member under the age of 21, and will require all guests of inembers to have valid proof of age in order to be served or consume beverages. 3. 75% of all employees and volunteers will participate in alcohoi awazeness training on an annual basis. (LIEP will provide a list of trainers.) 4. No alcohol will be allowed to leave the licensed premises. 5. Management must call police when there are serious problems either inside or outside of the establishment. Pushing unruly patrons out into the neighborhood is not acceptable. 6. Maintain in good working order video surveillance cameras and recorder on the interior and exterior of the establishment during business hours. Tapes must be maintained for seven (7) days and available to police and inspectors when requested. 7. Maintain a ban list of all customersipersons banned from the establishment for assaultive, disorderly or disruptive behavior. The list at a minimum sha11 contain a name and description of the banned patron, as well as the date they were advised they were banned. This list wiil be made available to police and inspectors when requested. 8. Per City of Saint Paul Legislative Code 411.02, the defanition of Entertainment A is, "Amplified or non-amplified music and/or singing by performers without limitation as to number, and group singing participated in by patrons of the establishment (includes karaoke)." Entertainment A license does not allow for patron and/or performance dances. 9. The club must install a metal detector or wand patrons at the entrance. 10. 1/11/2005 – The VFW will not reopen until a LIEP inspector has verified that all conditions have been met. Ms. Moermond asked Mr. Freeman to explain why he is applying for an Entertainment license. Mr. Freeman explained that he has been the Quarter Master for the VFW Post 8854 for the last three (3) years. Over those three (3) years, they have been having entertainxnent there. He wasn't told that he needed to apply for an Entertainment license. The VFW had a.DJ before he took over. They had a DJ who was one of their members. Since, he has been the Quarter Master, they have not have had many problems. He has no knowledge of what took place prior to that. The problems that they did have resulted in fines that they paid and tried to move on to establish a better organization. Most of the complaints documented in the letters are about things that happened prior to Mr. Freeman being Quarter Master. The complaints voiced in the letters do not take place at the VFW Post 8854. In fact, Mr. Freeman stated that he was offended by some of these letter writers, the way they were outlining their veterans' organization—thugs and suspected drug dealing—they talk about cleaning up the neighborhood. Mr. Freeman feels that if these neighbors suspected these things, it was their obligation to dial 911. How else are you going to clean up the neighborhood if you don't call 911 when you see something going on? IYs not the VFW thaYs bringing drug dealers into the neighborhood. There is no drug dealing going on at the VFW. Mr. Freeman added that if he knew that was going on, he would personally ca11911. He is a veteran and he would like the club to last forty (40) more years. These letters are just talking about a whole lot of stuff that's in the past. Yes, there was a shooting at the VFW about ten (10) years ago, when police officer Blakey got shot. Other than that, he doesn't know of any D�-y�/ other shooting. There have been shootings down the street since he has been Quarter Master but they haven't been at the VFW. IYs a dishonor to the members for some neighbors to say that "It all starts at the VFW." Before his time, there used to be a crack house across from the VFW. The City condemned it and closed it down. The VFW had nothing to do with that house. It just happened to be across the street from the VFW. To try to deny the VFW an Entertainment license because of what is suspected and because of what happened in the past is unjust. Ms. Moermond asked Mr. Freeman to tatk more about the entertainment that the VFW has. Mr. Freeman responded that when he took over as Quarter Master, all of this was new to him. He didn't know anything about an Entertainment license because they always had a DJ. When the VFW was inspected, the inspectors saw the stage and the equipment, and that was the first time that the VFW became awaze of needing an Entertainment license. Mr. Freeman wondered whether the neighbors would be complaining about their jukebox next and want them to get rid of that, too. Ms. Schweinler clazified that a jukebox is a mechanical amusement devise that is licensed as such. It usually is rented by an establishxnent from a mechanical amusement devise operator, who pays for the jukebox to be licensed. The owner of that amusement devise has to provide LIEP with a list of every place that he has a jukebox. A jukebox is not defined as a form of "entertainment," it's more of a player of music, like a radio. Entertainment is defined as live, taped, electronically produced music, like bands, without limitation to the numbers, can be amplified or not. The A classification does not allow for dancing by the patrons—kazaoke, piano bars, bands, etc. The pazking requirements for an Entertainment A license do not change from what they had. If they were to upgrade to an Entertainment B license, the VFW would not meet the parking requirement. The "A" does not aliow dancing, so you can't decrease your service area to put in a dance floor. Ms. Moermond asked staff what the City considers the licensed premise. Is it inclusive of the entire building, pazking lot and sidewalks or something less than that? Ms. Schweinler responded that the licensed premise is the entire site where upon the building sits. The liquar service area is just the inside of the building, second floor and basement included. That changes where there is a patio or a sidewalk cafe. The licensee is responsible for all azeas, including the parking lot and sidewalk in front. Ms. Moermond asked how often they plan to have a DJ. Mr. Freeman replied that they plan to haue a DJ on Friday and Saturday nights. During the past yeaz, the number of guests hasn't been more than thir[y (30) on any given night, unless there was a private party going on. Ms. Moermond asked Mr. Freeman how the VFW is governed. Mr. Freeman replied that the VFW is governed by a House Committee (seven members). They make all the recommendations. Then, there's a Commander, a Vice Commander, a Quarter Master and Trustees. Mr. Freeman stated that it is his role as Quarter Master to represent the House Committee. He is here on their behalf. Mr. Freeman stated that many of the letters talked about the Jeremiah Project. Whoever approved the Jeremiah Project knew about the other organizations that already were on Concordia Avenue. It seems that the VFW is suffering because of another recommendation that was made in the community. The VFW has been there for foriy (40) years. Forty (40) yeazs agq the only black VFW in Minnesota would not be allowed to go anywhere else but its own neighborhood; it wouldn't have been approved anywhere else. And, at that time, everyone in the neighborhood got along with everyone else. The VFW has been there forty (40) yeazs; it was there first, before the Jeremiah Project, before many of the complaining neighbors were there. It was there when the New Jerusalem Baptist Church was established. Yes, there is a problem with parking, but the VFW does not mess up neighborhood. 3 v�—��e Ms. Moermond staxed that by bringing in the Entertainment A license, the VFW is adding a new dimension to the neighborhood; iYs a new level. Mr. Freeman replied that they have always had a DJ playing music. IYs not something new. While the music is playing, you can not hear it outside the door. Also, the VFW does not have patrons stumbling out the door dnu�k because the VFW doesn't allow it. The VFW doesn't sell bottled liquor, so the bottles outside must come from somewhere else. Patrons do not bring in bottles, either. Mr. Freeman added that he just doesn't understand the complaints made in the letters. Henry Denkins, one of the trustees, asked when the Entertaimnent license was established. Ms. Schweinler responded that she believes that the Ordinance for Entertainment was initially established in 1956. It has been changed periodically to reflect the changes in the entertainment fonun. Ms. Schweinler added that this issue came to light when LIEP received a police report, October 17, 2006, stating that the VFW was conducting entertainment. The LIEP notified the VFW that they needed to apply for the Entertainment license. Mr. Freeman made application on January 25, 2007. Ms. Moermond noted that the VFW had a weapon's issue last October. Ms. Schweinler responded that there was someone behind the DJ box who had a weapon. Ms. Moermond added that there was another weapon's call in November. Ms. Schweinler responded that the person was gone on arrival of the police; the incident occurred outside. Mr. Freeman added that they call 911 if they see anything out of the ordinary going on there. They ask that if the residents see something that's out of the ordinary, iY s their duty to dia1911. The VFW has no control over the neighborhood. Everything that happens in the neighborhood does not start at the VFW. He said that one of the letters said that no one answered the phone when they called. Mr. Freeman is always available to talk to callers; however, the place doesn't open up until3 p.m. Mr. Freeman left the hearing at 1030 a.m. in order to catch a plane. Mr. Donald Lowe, member, spoke in support and stated that a lot of good things happened in the past as well. In 1985, the members of the Twin Star Post 8854 decided to develop a higher education scholazship program. It was designed to assist students of all ethnic backgrounds and of all ages, living throughout the metro azea. In 1998, the Post presented 39 scholarships for a total of $13,OQQ. From 1986 to 1998, the Post had awarded a total 154 scholazships in the amount of $93,100. The Post has donated $265,478 back to the community during its existence. In addition, they shovei snow, rake leaves and cut grass for the elderly; visit shut-ins and run enands. The VFW would like to get back to doing more things for the community; thaYs one reason they're trying to get the license. Pull-tabs were taken out in the past and reduced the VFWs ability to fund some of their programs. The VFW does need ways to increase their income so that they can continue to volunteer in the neighborhood. The way things are today, they want to get more involved with the community, especially, with the youth. Mr. Lowe commented that they do need to beef-up their security system. Right now, they go outside and walk around the building to make sure that people are not doing drugs or whatever on the property. Mr. Henry Denkins, member and trustee, spoke in support. He spoke of more things that the VFW does for the neighborhood, including the Family Fund, which helps out the needy at Christmas time. He also talked about surveillance cameras that they intend to install around the building outside. The apartment house across the street created a lot of problems for the neighborhood and for the VFW. The members of the VFW used to cali the police about the drug dealing going on there. Eventually, the City demolished that building. Now, there's a new complex there and they are working with the VFW. o7-��I Mr. Lowe added that it would be a great loss to the community if the VFW would not be able to get this license which would help them to continue to be an asset to the neighborhood with their programs. Mr. Denkins added that the VFW is a fine organization and it would be a shame for the neighborhood to lose it. IYs a place where a lot of family members come to socialize. Mr. Moermond asked the applicants if they thought the VFW was is danger of closing if it didn't get the Entertainment A license. Mr. Denkins replied that he didn't know for sure, but the Entertainment A license would defuutely help. Ms. Mazquita Ransom, concerned citizen, spoke in support. As a young person, she and her husband would go to the VFW Club frequently. She had thought that the club had lost its license for entertainment but later found out that they never had one in the first place. She was surprised that they needed a license for something they had aiways done. She was hoping that they would be able to get the needed license. Her daughter lives in the neighborhood and had told her that there are things going on in the neighborhood but that she would not blame them on the VFW. IYs just that there aze different types of people living in that neighborhood. She added that her grandfather served in World Waz I; her father and uncle served in World War II; and her husband served in Vietnam, and it would be sad to lose a place like the VFW. Mr. John Kittrell, pastor of the New Jerusalem Baptist Church, spoke as a concerned neighbor. The3r properties adjoin. The VFW was there first. Pastor Kittrell is concerned about anything that would impact the family unity in the community. He is mainly concerned about all of the young kids. He said that there are a lot of things that go on there that the VFW doesn't have control over, but it is a magnet. He is sure that the majority of the people who cause the problems don't even go inside of the VFW. Mr. Kittrell conducts a weekly Bibie study that had to be discontinued because people were afraid to come. As people were coming to class, there would be others hanging azound the building cursing, etc. He understands that the VFW was there first. In the 41 years that the VFW was there, the attitude of the people has changed. People today are more violent. And, the governmental bodies tend to be reactive rather than proactive. "An ounce of prevention is better than a pound of cure." We live in a community where our youngsters are at risk. It has nothing to do with the VFW. Violence can break out in a moment these days. At the same time, the VFW does need to take some responsibility; they seem to be a magnet. Outside the church and around the area there aze empty liquor bottles, broken bottles, trash, etc. Forty-one years ago this stuff didn't happen. Now, people are rude; they have sex on the church property; there is drug paraphernalia thrown around, eta The VFW should be responsible for picking up the trash whether they put it there or not. They are drawing these people. Ms. Ramsom asked why the City allows a church to be next door to a liquor establishment. Ms. Moermond responded that a church can locate anywhere zoning would allow it, but a liquor service facility can only exist a certain distance from churches. In this case, the liquor service facility was there first; the church can choose to go closer to the liquor facility. Ms. Moermond reviewed the letters. A letter from the Summit-U Planning Council indicated that there was a public discussion on Apri13, 2007. Two (2) neighbors expressed concerns about patrons of the VFW blocking their driveways, fighting in their yazds, having loud arguments into the night and leaving trash, including broken beer bottles on their property. They indicate that they've called and not received returned phone calls. Richard Kleinbaum indicates that he has been in the area for thirty (30) yeazs and has felt personally threatened by patrons and that his wife has been hazassed; that he has wimessed drug dealing and fights in and around the operation. Peter Hughesdon indicates that he lives a block from the d� site and that the VFW has a blighting influence. He and his wife need to take a more indirect route to get home because of feazs around the club. 7ennifer Nelson objects to the issuance of the license and says that she has been hazassed; there have been fights and she has needed to call the police. Chris Tholkes feels that an entertainment license would exacerbate some of the probiems in the community by increasing the number of people around patrons and the noise coming from the establishment. She also reports patrons blocking their driveway with their cazs and mentions fighting and loud noise. Ms. Moermond asked Ms. Schweinler if LIEP has a recommendation now. Ms. Schweinler commented that Twin Star VFW at 820 Concordia and the Attucks Brooks at 976 Concordia are both private clubs. They pay a reduced license fee in accordance with the number or members that they have and she believes that Twin Star just reduced their membership list. They do not have a liquor license. It's a private club made up of inembers, who must be veterans of a foreign waz, and their bona fide guests. It is not open to the public. She doesn't believe that the Entertainment A wil] be an issue; however, there have been issues in the past, according to the police report. They had been closed for quite a while and lately, there hasn't been much activity. Ms. Schweinler stated that her recommendation from LIEP is going to be for approval of the Entertainment A license with conditions and the following condition must be:up and.nuining be€oie:the fisense=will be issixed: 6. Maintainiugoocl;� e,xteno�af t�e estalili da3�s a�cd awailabl�to. and recorcler on the i€iterior ancT t;be;mainfained far-seven (7) Aiso, itte�add�fio� of�he `�ol�owang�a�d���os�s. �.; �,.v _ _ � _. _ � _ : . The �la� rema��ngc3bsed d�tt�g�fie �ime thate��ertasnment�s provided;.:and 'Pl3e trash s�x� ki �e �i�ked up.ckasl� �i�ti�e V FV�. �xtF�m � orie-lilock rai7�s o�.tlie area. Mr. Lowe added that there will be changes made anyway because he will be taking over the Quarter Master's position and he has a different outlook on things. He agrees that some of the things happening around the building need to change. They intend to begin to appeal to an older crowd; people who will bring more stability to the club, who won't have the youngsters hanging around waiting for them. They want to bring in jazz music. Mr. Lowe wants to address all the problems; he doesn't want to lose the VFW. He believes that the VFW and the church can work together to create a safer environment. They will police the area, beef-up their surveillance; they will make sure there's no one hanging out. Mr. Lowe noted that when he goes out of the building and notices people hanging out, he tells them that they need to leave or he will call the police. He would like to bring the VFW back to where it was—safe, comfortable, and the coolest place to go. He promised that he will work as hard as he can to make everything work. Ms. Moermond asked about the parking requirements currently on the club. Ms. Schweinler responded that the pazking requirements aze grandfathered-in, and that the Entertainment A license does not change the pazking requirements. The VFW needs to maintain the current pazking; they have six (6) or seven (7) spaces on the lot. Ms. Moermond asked how long the period of closure had been. Ms. Schweinler replied that they closed on their own and remained closed for approximately eight (8) months during last year. There had been a burglary and there was some damage to the building; the members were tired of what was going on and so they closed for a while. Ms. Moermond asked about any adverse actions within the past three (3) years. Ms. Schweinler responded that she believes there have been two (2) adverse actions. (Ms. Moermond explained "adverse action.") Ms. Schweinler said that she knows Mr. 0 7-� �� Freeman, just today, paid the last of the $500 fine for an adverse action that was taken earlier this winter for a membership issue (people who weren't members were in the club). She believes there was also a membership issue less than 18 months before that. (November 9, 2004 for failure to maintain a readable membership log; a five (5) day suspension and a$1,0�0 fine for a period of 18 months, and a$700 fine from a previous adverse action.) Ms. Moermond stated that she will prepaze her decision in writing; she hopes to have it out in a week. She urged Mr. Lowe to give her a call if it takes longer than that. The hearing was adjourned at 11:06 a.m. /jab