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07-659Council File # � — S Green Sheet # 3041814 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented by �� WIIEREAS, the Legislative Hearing Officer recommends that a request for (ID # 20070000508) Wine On Sale, Malt On Sale (Strong), and Restaurant (B}—more than 12 seats licenses for Hai Truong and Anh Truong, owners, Coaster Dreams LLC, doing business as Ngon Vietnamese Bistro at 799 University Avenue be approved with the following condition: Per City of Saint Paul Legisiative Code 409.15 — The sale of wine and malt (strong) will take place only in conjunction with the sale and service of food (menu item only). Copies of gross receipts from the sales of food, wine and beer, showing at least sixty (60) percent attributable to the sale of food, shall be made available for review upon request of the Director of the Department of Safety and Inspections (DSI) or his/her designated representative. THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application. Benanav Bosfrom Harris Helgen Lantry Montgomery Thune Yeas Nays Absent ✓ ✓ ✓ ✓ ✓ ✓ ✓ S � a Adopted by Council: Date Adoption Certified by Council � ����V� Approved by Mayor: Date � Requested by Department of. � Form Approved by City Attomey [� Approved by Mayor for Submission to Council � � Green Sheet Green Sheet 6reen Sheet Green Sheet Green Sheet Green Sheet � O 7`lv �� CO ��cit ConWCt Person 8 Phone: Marcia Mcertnond 266-8570 Must Be on Councll Agenda 26JUL-07 Doc.Type: RESOLUTION E-Document Required: Y pocumentContact: JeanBirkho� Contact Phone: 266-8673 16JUL-07 � Assign Number For Routing O�der Toql # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3041814 0 ounN 1 oonel De artment Direc[or 2 " Clerk GS Clerk 3 4 5 Approving the license application with one (1) condition, per the Legislative Hearing Officer, for Wine On Sale, Malt On Sale (Strong), and Restaurant (B)--more than 12 seats licenses for Coaster Dreams LLC, doing business as Ngon Vietnamese Bistro, 799 University Avenue. ioanons: HpProve �ry or rteJece (rc): rersonai aervice a.onuac[s mus� w�swer cne rvu�wmy �.eucouvna: Planning Commission 1, Has this person/frm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: Disad�anWges IfApproved: DisadvanWges If Not Approved: Transaction: Funtling Source: Financial lnformation: (Explain) July 16, 2007 11:55 AM CosURevenue Budgeted: Activity Number: Page 1 0 7-� s� LICENSE HEARING MINUTES Ngon Vietnamese Bistro at 799 University Avenue Monday, June 25, 2007, 3:00 p.m. 330 City Hall, 15 Kellogg Boulevazd West Mazcia Moermond, Legislative Hearing Officer T'he hearing was called to order at 3:03 p.m. Staff Present: Reid Soley, Department of Safety and Inspections (DST); and Jean Birkholz, Council Research Others Present: Hai Truong, owner, Coaster Dreams LLC; and Boa Lee, District 7 Planning Council Ngon Vietnamese Bistro: Wine On Sale, Malt On Sale (Strong), and Restaurant (B)—more than 12 seats Ms. Moermond stated that this license application is for a Class N License which requires neighborhood notification. Class N Licenses include: auto repair, auto body, liquor, entertainment, etc. The City received one (1) letter of objection to the issuance of this license which means that a Legislative Hearing is necessary. There are three (3) possible outcomes of this hearing. 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 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 aze 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 appear on the Consent Agenda. At this informal hearing today, staff from the Department of Safety and Inspections (DSI) will provide a report on the application; then Ms. Moermond will ask the applicant to talk about his business plan and heaz from people who are here in support or concerns about the license. Ms. Moermond will also put concerns on the record received by letter or email. Mr. Reid Soley, DSI, reported that staff recommends approval of this license with the following condition (a standard condition that is used with wine and strong beer licenses): Per City of Saint Paul Legislative Code 409.15 – The sale of wine and malt (strong) will take place only in conjunction with the sale and service of food (menu item only). Copies of gross receipts from the sales of food, wine and beer, showing at least sixty (60) percent attributable to the sale of food, shall be made available for review upon request of the Director of the Department of Safety and Inspections (DSI) or his/her designated representative. The licenses are actually in an active status because of the 45-day waiver. There are no building issues. Environxnental Health, Fire, Licensing and Zoning have all approved it. Ms. Moermond asked staff if there had been problems, previously, associated with the liquor license. Mr. Soley responded that there were none. o�-�� Ms. Boa Lee, Distdct 7 Planning Council, stated that she and Mr. Tnxong had talked neaz the end of Mazch or early April when Mr. Truong called the office and told her that he was interested in a waiver. The district council had asked that he collect signatures and distribute flyers. The district received no phone calls or complaints; they have heazd only good things about the restaurant. It has been rehabbed and is definitely an asset to the neighborhood; it is beautiful inside and the neighbors love it. Ms. Moermond stated that the letter of objection notes concern about the proximity to a school. She stated that this would be a concem for the City if the applicant were asking for a liquor license; this, however, is a license for wine and beer. Staff reiterated that there is no distance requirement from a school or church for wine and beer. IvI�. Truong said tt�x the school being refened to is about'/z mile from the restaurant. Mr. Moermond asked what the closest cross street was to the restaurant. Mr. Truong answered, "Avon." Mr. Truong expressed that he lives two (2) blocks from the restaurant, and has lived there since 2001. He knows the neighborhood very weli. When he remodeled the restaurant, he opened up the windows on the whole comer of the building, which actually helps to keep people from congregating in that area. He added that he has a vested interest in the whole area so he would not do something that is detrimental to his neighborhood. Ms. Moermond recommends approval of the license with the aforementioned condition. The hearing was adjoumed at 3:15 p.m. Ijab 2