Loading...
07-840Council File # �'O Green Sheet # 3043094 Presen[ed by RESOLUTION CITY OF S�INT PAUL, MfNNESOTA �.e� I� : WHEREAS, the Legislative Hearing Officer recommends that a request for (ID #20070001729) 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 Aance or Rental Halls licenses for Ronald Bozich, Sectetary, Scarboz 1 Inc, doing business as Abettds Deli and Catering at 560 Como Avenue be approved with the following conditions: I. 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 hisJher designated representative. 2. Signage shali be prominently posted at all entrances and exits on the south and west sides of the building stating, "These doors are to remain closed at all times; do not prop open." 3. Signage shali be prominently posted at all entrances and exits to make patrons aware that when they leave the premises, they are exiting into a residential neighborhood and should show respect and consideration for the residents. 4. An obscuring fence shall be installed along the west property line no later than October 31, 2008. THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license applicaCion. Yeas Nays Absent Benanav �j Bostrom � Harris ✓ Helgen � Lantry ` Montgomery J Thune � n Adopted by Council: Date �o�� Adoption Certified by Council Secretary BY� _ /"���/Y'=S� ��l Approved by May : at � l � D'� BY: �� Requested by Department oE � Form Approved by City Attorney � Approved by Mayor for Submission to Council � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � co �o �� , ContaM Person & Pbone: Marcia Moefmo� oe m 266-8570 Must Be on Council Agenda by (Date) 05SEP-Q7 Doc. Type: RESOLUTVON E-Document Required: Y Document CoMact: Jean Birkholz ContaU phone: 2668673 ��-��D Date initiated: ,�-A��� Green Sheet NO: 3043094 � uepartmens xnz�orerson 0 onncil Assign I ooacil De artmeatDirector Number p - �erk CS Clerk For Rou[ing 3 orox a 5 Total # of Siqnature Pages _(Clip AII Locatio� for Sigrcature) Approving the license application with conditions, per the Legislative Hearing Officer, for Wine On Sale, Malt On Sale (Strong), Restaurant (B)--more than 12 seats, Restaurant (E)--Extension, Catering--Add On, Liquor Outdoor Service Area (Patio) a�d Dance or Rental Halls licenses for Ronald Bozich, Secretary, Scarboz 1 Inc, doing business as Abetto's Deli and Catering at 560 Como Avenue. Planning Commission t. Has this personffirm 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/fircn possess a skili not normally possessed by any current ciry employee7 Yes No Explain all yes answers on separete sheM and attach to green sheM Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): AdvanWges If Approved: �isadvantages If Approved: Disadvantages If Not Approved: Trensaction: Funding Source: Financial Information: (Explain) CosURevenue Budgeted: Activity Number: � ' _ �¢bE'?$��4 sEP o 4 2007 August 17, 2007 12:09 PM Page 1 � °' L� a�-g�v LICENSE HEIiRING MINUTES Abettds Deli and Catering 1 Abetto's Liquor, located at 560 Como Avenue T4iursday, August 2, 2007, 10:00 a.m. 330 City Ha11, 15 Kellogg Boulevard West Marcia Moermond, Legislative Hearing O�cer 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 Abettds 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 CigarettelTobacco licenses (ID #20070001733). Ms. Moermond stated that this license application is for a Class N License which requires neighborhood notification. The City received one 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: 1) recommend to the City Council that they issue this license without any conditions; 2) recommend Yo 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 3udge, 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 find unacceptable. Ms. Moermond's recommendation will come to the City Council as a resolution and it wi11 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 aze here to support the issuance of the license. Mr. Jeff Fischbach, DSI, provided a staff report. He clarified that these licenses aze for a change of ownership. Both these businesses have been at this location for some time. No conditions are recommended for Abetto's Liquor; one (1) condition is recommended for Abettds Deli and Catering: 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 or his/her designated representative. D�-8�D The district council submitted a letter recommending approval and waiving the 45 day waiting period for both license applications. Both applications aze Environmental Health, Fire, License and Zoning approved. The Department of Safety and Inspections recommends approval with conditions for Abettd s Deli and Catering. However, the appiicant should be advised that DSI will enforce Section 409.08(I 1) of the City of Saint Pau1 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 repiied that they had. Other neighbors, including Mr. 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 a.m., have generated most of the neighbors' concems. There hadn't been a good system in place to protect the neighbors' rights to privacy and control some of the party atmosphere 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 ha11. They also need to take a look at what happens after the function is over and make sure that folks just get in their cazs and go home. He has asked the security guazd, who has been with Abettds for eleven (11) years, to stay an additional thirty (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 higJ� as allowable by Public Works and will be maintenance free. Ms. Moermond recommended approval of the license application for Abetto's Liquor with no conditions. Ms. Moermond recommended approval of the license application for Abettds Deli and Catering with the following conditions: 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/tier 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." D7-8 y�0 3. Signage shall be prominently posted at all entrances and exits to make patrons aware that when they leave the premises, they aze exiting into a residential neighborhood and should show respect and consideration for the residents. 4. An obscuring fence shall be installed along the west property line no later than October 31, 2008. The hearing was adjourned at 10:56 a.m. /jab