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07-838Council File # � ��1' a Green Sheet # 3043092 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented by �� WHEREAS, the Legislative Hearing Officer recommends that a request for (ID #20070001733) Liquor Off Sale, Retail Food (B}—Grocery 101-1000 sq. ft. and Cigarette/Tobacco licenses for Ronald Bozich, Secretary, Bozetti 1 Inc, doing business as Abettds Liquor at 560 Como Avenue be approved. THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application. B Bostrom Harris Helgen Lantry Montgomery Thune Yeas Nays Absent � � ✓ ✓ ✓ ✓ ✓ Adopted by CounciL Date y Adoption Certified by Council Secretary B Approved by or. te � b By: � Requested by Department of: � Form Approved by City Attorney � Approved by Mayor for Submission to Council � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � D�-838 co -��>> ConWCt Person & Phone: Marcia Mcemrond 266-8570 Must 6e on Council Agenda 0`rSEP-�7 Doc.Type: RESOLU740N E-Document Requ�red: Y DocumentCoMaM: JeanBirkhofz Contact Phone: 2668673 17-AUG-07 � Assign Number For Routing Order Total # of Signature Pages _(Clip Ail Locations for Signature) Green Sheet NO: 3043092 0 onncl 1 oonc8 D ar[mentDirector 2 " Clerk Ciri Clerk 3 4 5 Approving the license application, per the Legislative Hearing Officer, for Liquor Off Sale, Retail Food (B)-Grocery 101-1000 sq. ft. and Cigarette / Tobacco licenses for Ronald Bozich, Secretary, Bozetti 1 Inc., doing business as Abetto's Liquor at 560 Como Avenue. or Queslions: Planning Commission 7. Has this person/firm ever worked under a conVact for ihis department? CIB Committee Yes IVo Civil Service Commission 2. Has this person�rm ever been a city employee? Yes No 3. Does this personlfirm possess a skill not normally possessed by any current city employee? Yes No Exptain 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: Financiat Information: (Explain) � � .!. �. : �.��: August 17, 2007 11:54 AM CosVRevenue Budgeted: Page 1 Activity Number. Y � s ; �, "c a� �3B LICENSE T3EARING MINUTES Abetto's Deli and Catering / Abettd s Liquor, located at 560 Como Avenue Thwsday, August 2, 2007, 10:00 a.m. 330 Ciry Hall, 15 Kellogg Boulevazd West Mazcia Moermond, Legislative Hearing Officer The hearing was called to order at 10:07 a.m. Staff Present: Jeff Fischbach, Department of Safety and Inspections (DSI); and Jean Birkholz, Council Research. Others Present: Ron Bozich, Secretary, Scarboz 1 Inc, doing business as Abetto's Deli and Catering and Bozettil Inc, doing business as Abetto's Liquor, 560 Como Avenue; and Don Smith, 578 Como Avenue. Abetto's Deli and Catering: Wine On Sale, Malt On Sale (Strong), Restaurant (B)-more than 12 seats, Restaurant {E)-Extension, Catering-Add On, Liquor Outdoor Service Area (Patio) and Dance or Rental Halls licenses (ID #20070001729). Abettds Liquor: Liquor Off Sale, Retail Food (B) Grocery 101-1000 sq. ft, and Cigarette/"I'obacco licenses (ID #20070001733). Ms. Moermond stated that this license application is for a Class N License which requires neighborhood notificarion. The City received one letter of objection to the issuance of this license which means that a Legislative Hearing is necessary. There aze 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 necessazy 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. Ms. Moermond will begin with a staff report. Next, the business proposal will be discussed. People with concerns about the issuance of the license will be heard as well as people who are here to support the issuance of the license. Mr. Jeff Pischbach, DSI, provided a staff report. He clarified that these licenses are for a change of ownership. Both these businesses have been at this location for some time. No conditions are recommended for Abettds Liquor; one (1) condition is recommended for Abetto's Deli and Catering: Per City of Saint Paul Legislative Code 40915 — 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 or his/her designated representative. 07-g3B The district council submitted a letter recommending approval and waiving the 45 day waiting period for both license applications. Both applications are Environmental Health, Fire, License and Zoning approved. The Depariment of Safety and Inspections recommends approval with conditions for Abetto's Deli and Catering. However, the applicant should be advised that DSI will enforce Section 409.08(11) of the City of Saint Paul Legislative Code which regulates on-sale intoxicating liquor establishments and requires a visual screen where the parking facility adjoins or abuts across an alley, any residential use or residential zoning district. Mr. Fischbach noted that there was a liquor store at this location since 1973 and since at least, 1996, there has been a catering hall with wine and beer. Zoning is B3-General Business. Ms. Moermond asked if Mr. Bozich and Mr. Smith had come to any conclusions in their conversations. Mr. Bozich replied that they had. Other neighbors, including Mx. Smith (D.J.) have expressed similar concerns: partying, the right to privacy, etc. They have been in business only a short time; they closed on the business June 19, 2007. Since he has met some of the neighbors, he has realized that the functions in the banquet hall, which usually run until 1:00 am., have generated most of the neighbors' concerns. There hadn't been a good system in place to protect the neighbors' rights to privacy and control some of the party atrnosphere that went on outside of the banquet hall walls. Mr. Bozich said that he realizes that they need to get control of the parking lot and make sure that the event remains inside the banquet hall. They also need to take a look at what happens after the function is over and make sure that folks just get in their cars and go home. He has asked the security guard, who has been with Abetto's for eleven (11) years, to stay an additional thiriy (30) minutes on function nights to make sure that people are leaving. He noted that they also need to control the volume of music from getting outside of the banquet hall. In order to do that, the back doors need to be kept closed at all times. Opaque fencing also needs to be installed along the property line abutting Mr. Smith's property. Mr. Don Smith, neighbor, stated that he has been assured by Mr. Bozich that his concerns would be addressed. Mr. Bozich added that the entire fence will be constructed as high as allowable by Public Works and will be maintenance free. Ms Moermond recommended approval of the license application for Abettds Liquor with no conditions. Ms. Moermond recommended approval of the license application for Abetto's Deli and Catering with the following condirions: I. Per City of Saint Paul Legislative Code 409.15 - The sale of Wine On Sale and Malt On Sale (Strong) will take place only in conjunction with the sale and service of food (menu item only). Copies of gross ( revenue 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 or his/her designated representative. 2. Signage shall be prominently posted at all entrances and exits on the south and west sides of the building stating, "These doors to remain closed at all times, do not prop open." 2