07-590Council File # � �(7
Green Sheet #
RESOLUTION
CITY O� ' T�AUL, MINNESOTA ay
�
Presented by ,�
1 WIIEREAS, adverse action was taken against the Entertaiimient B license application submitted by
2 G— 8 Inc., d/b/a Starting Gate Pub (License ID #20050003835) for the premises located at 2516 -7�' Street
3 West in Saint Paul by Notice of Intent to Deny License dated May 24, 2007, alleging licensee failed to
4 obtain a variance from the Boazd of Zoning Appeals for the fifty-five (55) pazking spaces needed to
5 upgrade to an Entertainment B license; and
WHEREAS, the licensee did not respond to the Notice of Intent to Deny License to contest the
allegation or obtain the required variance; and
10 WHEREAS, the Norice of Intent to Deny License stated that if the licensee failed to contest the
11 allegations or obtain the required variance by June 4, 2007, that the matter would be placed on the consent
12 agenda to impose the recommended penalty; now, therefore, be it
13
14 RESOLVED, that the Entertainment B license application submitted by G— 8 Inc., d/b/a Starting
15 Gate Pub is hereby denied.
16
Absent Requested by Department of.
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� By ( � �- ��
Form
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Adopted by Council: Date
Adoption Certified by Council Secret�j Form
BY� � By:
Approv db Date � /c�/�O�
By: ���,-T
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
� 7 ��
�P — License/Inypection/EnvironProt I OS-JUN-07
Contact Person & Phone:
Rachel Guntlerson
266-8710
y
Assign
Number
For
Doc.Typed RESOLUTION
E-DOCUment Required: Y
DocumeM CoMact: Julie Kraus
ConWCi phone: 2668776
Order
7otal # of Signature Pages (Clip All Locations for Signature)
Green Sheet NO: 3040452
0 icen ecROdEnviron Rnt
1 'cen ec4on/Enviran Prot De ent D'uector
2 ' Attorne
3 oCs O�ce Ma or/ASSistant
4 ounc�
5 ' C7erk CS Clerk
Approval of the attached resolurion to take adverse acrion against the Entertainment B license application submitted by G- 8 Inc.,
d/b/a Starting Gate Pub (I,icense ID #20050003835) for the premises located at 2516 - 7th Street West in Saint Paul.
Planning Commission 1. Has this person�rtn ever worked under a contract for this department?
CIBCommittee Yes No
Civil Service Commission 2. Has this perso�rm ever been a city employee?
Yes No
3. Does this personlfirm possess a skill not normally possessed by any
current cily employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee failed to obtain a variance from the Boazd of Zoning Appeals for the fifty-five (55) pazking spaces needed to upgrade to an
Entertainment B license.
AdvantageslfApproved:
License denial.
DisadvanWges If Approved:
None.
DisadvanWges ff Not Approved:
Trensaction:
Funding Source:
Financial Informatlon:
(Explain)
June 5, 2007 12:10 PM
CosflRevenue Budgeted:
REGEIVED
MAYOR'S OFFICE
ACtivity NUmber. ��° ��
°"� � 3 2007
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Page 1 pqT HARRIS
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� 07-��n
OFFICE OF Tf� CTTY ATTORNEY
John .7 C7soi, CiryAttorney
cI� OF St"1L1� 1 PAUL CiviZDivision
Civistopher B. Co7emm; Mayor 400 City Hall Telephone: 657 266-8970
ISWestKeZloggBlvd Facsirrsi1e:651298-5619
Sabet Paul, Mbmesofa SSIO2
i
May 24, 2007
NOTICE OF INT'ENT TO DENY LICENSE
Pah-ick Scanlon
Starting Gate Pub
2516 - 7�` Sireet West
St. Paul, MN 55116
RE: Entertainment B license applicafion submitted by G- 8 Inc., d/b/a Starting Gate Pub for the
premises located at 2516 - 7�' Sh-eet West in Saint Paul
License ID # 20050003835
Dear Mr. Scanlon:
The Department of Safety and Inspections (DSI) has recommended denial of the Enterta.inment B
license application submitted by G- 8 Inc., d/b/a Starting Gate Pub for the premises located at 2516 - 7'"
Street West in Saint Paul. The basis for the recommendation is as follows:
On January 23, 2006, you received a letEer from the Office of License, Inspection
and Envirunmental Protection (LIEp/DS� regarding the fact that your current
parking lot was not configured according to the approved site plan on file with
L1EP/DSI. You were requested to snbmit a revised site plan for review and
approval by February 3, 2006.
On September 6, 2006, Saint Panl City Conncil adopted resolution (CF #06-801)
that stated "No entertainment shall be provided in the establishment unless the
licensee has complied with the provisions af the Saint Paul Zoning Code." As of
September 11, 2006, LIEP/DSI records show no application for a parldng variance
was submitted for approval by the Board of Zoning Appeals.
As of January 25, 2007, LIEP/DSI records show no new site plan has been
submiited showing the required parking for eaisfing operation. No lot combination
paperwork has been received from the wunty for the parldng lot and no variance
application has been submitted for 55 parlung spaces needed for the upgrade to an
Entertainment B license.
AA-ADA-EEO Employer
r
Startiug Gate Pub
May 24, 2007
Page 2
At this titne you have three options on how to proceed:
< 0 �-��
If you still wish to up�ade to an Entertainment B license, you will need to submit a variance
application to the Board of Zoning Appeals for the 55 parking spaces no later than Monday,
June 4, 2007.
2. If you wish to have a public hearing before the Saint Paul City Council, you will need to send me
a letter with a statement admitting the facts and requesting a public hearing. VJe will need to
receive your letter by Monday, June 4, 2007. The matter will then be scheduled before the City
Council for a public hearing to deternvne whether to deny your license application. You will
have an opporiunity to appeaz before the Council and make a statement on your own behalf.
3. You may withdraw your license application_ Send a written statement to that effect to the
Department of Safety and Inspections (DSI), 8 Fourth Street East, Suite 200, St. Paul, Minnesota
55101-1002 no later than Monday, June 4, 2007. Information should be directed to the attention
of Christine Rozek. Any request for a refund of the license application fee must also be made in
writing to the Deparhnent of Safety and Inspections.
If you have not contacted me by that date, I will assnme that you do not contest the denial of
your Entertaiument B license application.
If you have any questions, feel free to call me or have your attomey call me at (651) 266-8710.
Sincerely,
� v
Rachel Gunderson
Assistant City Attomey
ca Christine Rozek, Deputy Director of LIEP
Patrick Scanlon, 4544 Lake Park Court, Fagan, MN 55122
AA-ADA-EEO Employer