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07-786Council File # d1'�� RESOLUTION CITY OF SA{NT PAUL, MINNESOTA 1 2. 3 3.2 Beer and beer products cannot be sold by the individual bottle or can. Sale of 40 ounce bottles of beer is not permitted. The sale of wine and/or strong beer is not permitted with a Malt Off Sale license. (( THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application. Yeas Nays Absent Benanav � Bostrom „� Harris � Helgen ✓ Lantry ,i Montgomery ,r Thune ai 7 d � Adopted by Council: Date V r/�laUl.I? Adoption Certified by Council Secretary � Approved � Requested by Department of• � Form Approved by City Attorney By: Approved by Mayor for Submission to Council � GreenSheet# 3QN3`�?Z WHEREAS, the Legislative Hearing Officer recommends that a request for (ID #20070001719) Malt Off Sale license for Target Corporafion, doing business as Target Store T2229, 1300 University Avenue West be approved with the following conditions: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheei � U���UUo CO ��ci7 Cootad person 8 Pho�: Marcia Moe�mond 2668570 Must Be on Counc+l Agenda by (Date) OS-SEPA7 Doc.Type: RESOLUTION E-Document Required: Y Document Contact: Jean Birkholz ConWd Phone: 266-8673 29-AUG-07 y Assign Number For Routing Order ToWI # nf Signature Pages (Clip All locations for SignaWre) Green Sheet NO: 3043472 0 onncil 1 uncil De ar[ment Director 2 Clerk G5 Clerk 3 4 5 Appzoving the license appiication with conditions, per the Legslative Heazing Offtcer, for a Malt Off Sale liaense Fot Tazget Corporation, doing business as Tazget Store T2229, 1300 University Avenue West. or Contracts Planning Commission 1, Has this personnrm ever worked under a contract for this depaAment? CIB CommiHee Yes No Civil Service Commission 2. Has this person(frtn ever been z city employee? Yes No 3. Ooes this persun/flrm pussess a skill �ot nortnally possessed 6y any curreni city employee? Yes No Explain all yes answers nn separate sheef and attach to green sheet Initiating Problem, lssues, Opportunity�(Who, What, When, Whara, Why): Ativantages If Approved: Disadvantages If Approved: Disadvantages If Not Approved: Transaction: Funding Source: Financiai Information: (Ezplain) Activity Number. pU� 2 g 2007 Cost�Revenue Budgetetl: August 29, 2007 12:25 PM Page 1 v�-��� LICENSE HEARING MINUTES Target, located at 1300 University Avenue West Thursday, August 16, 20Q7, 10:00 a.m. 330 Ciry Hall, 15 Kellogg Boulevard West Marcia Moermond, Legislative Hearing Officer The hearing was called to order at 10:06 a.m. Staff Present: Reid Soley, Department of Safety and Inspections (DSn; and Jean Birkholz, Council Research. Others Present: Jim Higbe, Assistant Store Manager, Target Store T2229, 1300 University Avenue West. Target Store T2229: Malt Off Sale license (#20070001719) Ms. Moermond stated that this license application is for a C1ass N License which requires neighborhood notification. Neighbors have an opporiunity to write a letter to express concerns or objections to the issuance of the license. The City received one letter of objection to the issuance of this license which means that a Legislative Heazing is necessary. There are three (3) possible outcomes of this hearing. Ms. Moermond could: 1) recommend to the City Council that they issue this license without any conditions; 2) recommend to the City Council that they issue this license with agreed upon conditions; or 3) recommend to the City Council that they not issue the license and 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 applicants fmd unacceptable. Ms. Moermond's recommendation will come to tl�e City Council as a resolution and it will appear on the Consent Agenda. Ms. Moermond will begin with a staff report. 1Vext, the business proposai will be discussed. Peopies' concerns about the issuance of the license will be heard. Mr. Reid Soley, DSI, provided a staff report. DSI recommends approval with the following conditions: 3.2 Beer and beer products cannot be sold by the individual bottle or can. Sa1e of 40 ounce bottles of beer is not permitted. The sale of wine andlor strong beer is not permitted with a Malt Off Sale license. No recommendation was received from the disuict council. Building, Environmental Health, Fire, License and Zoning Inspections have all been approved. Mr. Soley asked that Mr. Higbe, at the proper time, address the issue of TargeYs plans for educating their check-out staff about the need to carefully check I.D.s to make sure that underage persons aren't purchasing beer. Mr. Higbe noted that Target has a philosophy of consistency, convenience and competition. All metro azea Super Tazgets have 3.21icenses and carry that product; the University Avenue store should be no Q7-�g� exception. The Super Target is designed to be a one-stop shop for their patrons, and beer is just another product that the Tazget wants to provide in order to meet the variery of needs for their shoppers. Both Rainbow and Cub Foods, just down the street from the University Avenue Tazget have 3.2 in their stores and Target wants to be competitive with them. Mr. Higbe stated that they have a Tazget Computer session with different trainings offered. There is an alcohol sale training that everyone is required to take and sign-off on and have in their file. The register prompts as soon as alcohol is scanned; iYs stops and requires I.D. verification where they type in the date of birth. If someone at the check lane is under eighteen (18), they need to switch on their light and have a customer service rep come over to scan the alcohol for them. There is also a liquor lock-up in the back room where it is locked at ail times. The vendors themselves actually fill the shelves, and they cannot access it without a manager on duty opening the lock-up. Ms. Moermond read through the letter of concern. The writer thinks that this license would be contrary to being a family-oriented store. Ms. Moermond stated that the code regulates the sale of alcohol but does not address the writer's concern. There is no restriction as to how many malt off sale licenses can be in close proximity to one another. Ms. Moermond recommended approval with the aforementioned conditions. The hearing was adjourned at 10:15 a.m. /jab 2