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07-658Council File # Q � �lg Green Sheet # 3041835 RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� The licensee shall be responsible for making sure that patrons, guests and members of the public exiting the hall do so in a quiet and orderly fashion so as to not distutb the adjacent neighbors. 2. The licensee shall be responsible for insuring that one or more security persons are on duty any time the hall is rented for gatherings of mare than 100 persons. Said security shall remain until all patrons, guests and members of the public have left the area and shall insure that no one leaving the hall loiters uound or near the building. The licensee shall be responsible for clean-up of the outside azea immediately adjacent to the hall on a daily basis. 4, There sha11 be no sale of liquor or beer to anyone on the premises at any time. The City will consider the collection of an entry fee or admission charge or donation collected when alcohol is being served or consumed on the premises to be a sale of alcohol and such sale wiil be deemed a violation of this condition. No alcoholic beverages, including beer, spirits or wine shall be taken outside the hall. 6. The permitted hours for operation of the rental hall shall be as follows: Sunday-Thursday 8:00 a.m. to 11:00 p.m.; Friday and Saturday 8:00 a.m. to 12:00 midnight. 7. Personnel employed by the licensee shall ensure that the parking azeas are cleared of all patrons, guests and members of the public within one-half hour of closing. THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license. WHEREAS, the Legislative Hearing Officer recommends approving the Dance or Rental Hall license for Lao Family Community of Minnesota Inc (20070001032) for Ying Vang, Executive Director, doing business as same, 320 University Avenue West, with the following conditions: � 7-�s � Benanav Bostrom Harris Helgen Lantry Montgomery Thune Yeas Nays Absent ✓ ✓ ✓ ✓ J � Adopted by Council: Date Adoption Certified by Council Seci�4ary BY� ,l�. `�,�SD/./ � 7 /arfv� Approved by Mayor: Date � Requested by Department oE � Form Approved by Ciry Attorney � Approved by Mayor for Sabmission to Council � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � o�-�-� co -��;� Confact Person ffi Phone: Marcia Mcertnond 266-5570 Must Be on Council Agenda by (Date): 2SJUL-07 Doc.Type: RESOlUT10N E-DOCUme�t Required: Y Document Contact: Jean Birkholz ConWCt Phone: 266-8673 '16JUL-07 �► ��9n Number For Routing Order Total # of Signafure Pages, (Clip AII locatio�s for Signatur¢) Green Sheet NO: 3041835 0 onnN 1 onool De artmeni Directar 2 ' Clerk G5 Qerk 3 4 5 Approving the license application with conditions, per the Legislative Hearing Officer, for a Dance or Rental Hall license for Lao Family Community of Minnesota Inc, doing business as same, 320 University Avenue West. itlalions: Approve (A) or RejeIX (R): Personal Service Contracts Must Answer tM1e Foilowing 4uestions: Planning Commission 1, Has ihis personlfittn ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has tbis persoNfirm ever been a ciry employee? Yes No 3. Does this personlfirm possess a skill frot normally possessed by any current city employee? , Yes No Explain ali 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 If NM Approved: - Transaction: Funtling Source: F7nancial Information: (Explain) AGtivity Number: CosVRevenue Budgeted: July 16, 2007 3:07 PM Page 1 v 7-�s�' LICENSE HEARING MINUTES Lao Family Community of Minnesota Inc at 320 University Avenue West Thursday, July 12, 2007, 10:00 a.m. 330 City Hall, 15 Keilogg Boulevard West Mazcia Moermond, Legislative Hearing Officer The hearing was called to order at 10:07 a.m. Staff Present: Reid Soley and Kristina Schweinler, Department of Safety and Inspections (DSI); and Jean Birkholz, Council Research Others Present: Pheng Lee, Vice President and Yao Lo, Employment and Building Manager, Lao Family Community of Minnesota Inc. Lao Familv of Minnesota Inc: Dance or Rental Hall license Ms. Moermond stated that in these heazings, there ue three (3} possible outcomes. Ms. Moermond could recommend to the City Council: 1) that they grant this license without any conditions; 2) that they grant this license with agreed upon conditions; or 3) that they not issue the ]icense but refer the matter to an Administrative Law Judge, wtuch 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 workabie at this location or if she thinks that there are conditions that are absolutely necessary to make it workable that the applicants find unacceptable. Ms. Moermond's recommendation will come to the City Council as a resolution and it will appeaz on the Consent Agenda. At this informal hearing today, staff from the Department of Safety and Inspections (DSI) will provlde a report on the application; then Ms. Moermond will ask the applicant to talk about his business plan and hear from people who are here in support or with concerns about the license. Ms. Moermond will also put on the record concerns that have been received by letter or email. The reason this hearing is being conducted is because four (4) letters of concern have been received. Reid Soley, Department of Safety and Inspections (DSI), gave the license application stimmaty. DSI is proposing the following five (5) conditions on this license: The licensee shall be responsibie for making sure that patrons, guests and members of the public exiting the hall do so in a quiet and orderly fashion so as to not disturb the adjacent neighbors. The licensee shall be responsible for insuring that one or more security persons are on duty any time the hall is rented for gatherings of more than 100 pexsons. Said security shall remain until all patrons, guests and anembers of the public have left the area and shall insure that no one leaving the hall loiters around or near the building. 3. The licensee shall be responsible for clean-up of the outside area immediately adjacent to the hall on a daily basis. 4. There shall be no sale of liquar or beer to anyone on the premises at any time. The City wili consider the collection of an entry fee or admission chazge or donation collected when alcohol is being served or consumed on the premises to be a sale of alcohol and such sale will be deemed a violation of this condition. o�-�s� 5. No alcohotic beverages, including beer, spirits or wine shall be taken outside the hatl. Mr. Soley reported that no recommendation was made from the district council; however, a letter from the Executive Director, Steve Boland, was received on May 30, 2007. The letter stated that on May 24, 2007, the Neighborhood Issues Committee of the Summit University Planning Council held a public meetzng conceming lhis license applicaTion. Neighbors expressed concerns about laTe night parties including alcohol, excessive noise, and trash that blows into neighborhood yazds, as well as the matter of these activities taking place without proper licensing. No one representing Lao Family was present at this meeting even though they were invited. The District wanted the City to consider this information in its decision regazding this license application. There aze no building issues or environmental health issues. Fire Prevention has approved it. Licensing indicates that there are pending record checks of officers that need to be made (dates of birth and address information of those indicated on the application) and the conditions affidavit needs to be signed. Zoning's approval is pending compliance with the pazking requirements. A parking lease agreement with the neighboring funeral home needs to be furnished to DSI. At this time, the Department of Safety Inspections cannot recommend approval until the applicant meets the aforementioned requirements. Ms. Moermond asked stafF how these conditions were developed. Ms. Schweinler replied that the conditions were crafted after reading about the concems in the letters; and they are similar to other dance hall / rental hall conditions. Ms. Moermond noted that no condition addresses hours. Mr. Pheng Lee, Vice President, Lao Family Community of Minnesota Inc., stated that the hall is needed as a gathering place for events: celebrations, ceremonies, etc., for Hmong, Laotian, Cambodian, Burmese, Semolina, African, Caucasian, etc., communities. Ms. Moermond asked Mr. Lee the mission of their organization. Mr. Lee explained that Lao's mission is to serve the community at large. There are four (4) main categories of service: 1) teaching English; 2) serve the unemployed; 3) youth programs; and 4) drug abuse programs. Ms. Moermond asked Mr. Lee whether Lao Family could operate in conformance with the conditions. Mr. Lee replied that they already are operating with the stated conditions. Ms. Moermond asked why the conditions affidavit has not yet been signed. Mr. Lee replied that it is because Mr. Vang, Executive Director of Lao Family, is on medical leave (1'h months); he returns July 30, 2007. Ms. Moermond asked the applicants if they have talked with the neighboring funeral home or anyone else about the parking situation. Mr. Lo replied that they have a verbal agreement with the funeral home to share pazking. The funeral home has written a letter which they submitted to DSI staf£ They have a contract, too, being put into agreement form. The agreement states that each can use the other's pazking lot when it is free. This has been their agreement for the last fifteen (15) years and there has not been a problem with it. Ms. Schweinler explained that the agreement needs to be formal and it also needs to be approved by zoning. There is a zoning application which will need to be filled out in order to file a pazking agreement. Because there aze overlapping hours for both parties, it becomes an added challenge. The zoning process will determine whether or not this parking agreement can be used. Mr. Jeff Hawkins is the DSI staff person who reviews parking agreements. An appeal would be addressed to Ms. Wendy Lane, and possibly, another hearing. They can also apply for a variance to the Board of Zoning Appeals. O ? Ms. Moermond noted that the tone of the letters of concern indicates that this has been used as a rental ha11 for quite some time without the awazeness or action to get the license. Ms. Schweinler responded that DSI received compiaints which drew their attention to the fact that it was being used as a rental hall. Many yeazs previous, it had been a union hall. Lao Family was given a 10-day notice to apply for the license; when that didn't happen, they were given a criminal citation. At that point, they did apply for a license. Ms. Moermond commented that a number of the letters talk, specifically, about a liquor license and the existence of a liquor license on this location. In her reading of the code, there is no such thing. But there is a rental hall license that allows for the use of liquor under certain circumstances. She asked staff to explain how that works. Ms. Schweinler explained that the rental hall license allows for the facility to be leased to private parties, and it allows for those private parties to have alcohol on that premise for the consumption by guests. It does not allow for the sale of alcohol; it doesn't allow for ticketed events and alcohol being pzovided; but, it does allow for the lessee of an event to bring in alcohol for their guests. The complaints that were received refened to a permit that the State of Minnesota issues; the City of Saint Paul does not issue this type of permit (a set-up permiUliquor display permit). Ms. Moermond asked how long Lao Family has been at this location on University Avenue. Mr. Lo responded that they have been there since 1994. Mr. Lee commented that in the beginning, they only used the hall as a meeting place for their community. It wasn't leased out for other communities. The community has grown and purposes of use haue also multiplied. The hall isn't really rented out; the fees are only for the purpose of cover3ng the cost of trash, electricity, security, etc. It is used maybe once a week or once every two (2) weeks; sometimes, it is used on both Saturday and Sunday of a weekend. Ms. Schweinler explained that when you allow space to be used for other than offices or educational purposes—when you allow it to be used for celebration or reception purposes, then, it becomes a whole different operation, regardless of what you charge. Ms. Moermond asked if the hours of operation are regulated for those who rent the hall. Mr. Lee responded that on the weekend, they can come in from 8 a.m. until 12 midnight and until 11 p.m. during the week. However, no one usually uses it on week nights. Ms. Moermond turned her attention to the concerns of the letters that had been received. She stated that the letter from District 8 indicates that Lao Family was invited to their meeting. Mr. Lee, however, disputes that. Mr. Lo thinks that perhaps the Executive Director, Ying Vang, may have received a letter of invitation, but he got sick on May 8, 2007 and has been on sick leave since then. Ms. Moermond commented that District 8 said that two (2) neighbors came to the meeting expressing concem about the issuance of the license because: 1) alcohol was being consumed on the property; 2) trash blows around into their yard; and 3) the noise is excessive when the hall is being used. She asked if Lao Family's garbage pick-up is adequate for the parties/special events at the halL Mr. Lee stated that garbage is picked-up twice a week; one of the times is Monday morning. Regazding the noase, Mr. Lo and Mr. Lee both responded that loudness from the music inside is not a problem because one cannot hear it when they are outside the building. Ms. Schweinler believes that the letters are talking about when people are exiting at the end of the event. Ms. Moermond stated that she would like to add another condition to the license, one that regulates the hours of operation for the rental hall. Sunday through Thursday: 8 am. to 11 p.m.; Friday and Saturday: 8 am. to 12 midnight. 3 v �-� s$ Ms. Moermond also wants a condition that requires the pazking lot be cleared within 30 minutes of closing the event. Ms. Moermond recommends approval with the following conditions once the pazking agreement is official, the conditions affidavit has been signed and the security examination has been made: 1. The licensee shall be responsible for making sure that patrons, guests and members of the public exiting the hall do so in a quiet and orderly fashion so as to not disturb the adjacent neighbors. 2. The licensee shall be responsible for insuring that one or more security persons are on duty any rime the hall is rented for gatherings of more than 100 persons. Said security shall remain until all patrons, guests and members of the public have left the azea and shall insure that no one leaving the hall loiters around or near the building. The licensee sha11 be responsible for clean-up of the outside azea immediately adjacent to the hall on a daily basis. There shall be no sale of liquar or beer to anyone on the premises at any time. The City will consider the collection of an entry fee or admission charge or donation collected when alcohol is being served ar consumed on the premises to be a sale of alcohol and such sale will be deemed a violation of this condition. 5. No alcoholic beverages, including beer, spirits or wine shall be taken outside the hall. 6. The permitted hours for operation of the rental hall shall be as follows: Sunday-Thursday 8:Q0 a.m. to 11:QQ p.m.; Friday and Saturday 8:00 am. to 12:00 midnight. Personnel employed by the licensee shall ensure that the pazking areas are cleared of a11 patrons, guests and members of the public within one-half hour of closing. The hearing was adjourned at 10:56 a.m. /jab