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�
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Approved by May : at � l � D'�
BY: ��
Requested by Department oE
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Form Approved by City Attorney
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Approved by Mayor for Submission to Council
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� 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
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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
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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�
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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