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07-912Councfl �le # � — / � a" Green Sheet # 3044257 RESOLUTION CITY 0�S/�I�IT� PAUL, MINNESOTA Presented by '� WIiEREAS, the Legislative Hearing Officer recommends that a request to add (ID #20050003204) Liquor Outdoor Service Area (Sidewalk) to the existing licenses of Wine On Sale, Malt On Sale (Strong), Entertainment (A), Cigazette/1'obacco and Restaurant (B)—more than 12 seats for Andrea Miller, Owner, Chatterbox Enterprises Highland Inc, doing business as Chatterbox Pub at 800 Cleveland Avenue be approved with the following conditions: 1. Per City of Saint Paul L,egislative Code 409.15. The sale of Wine On Sale and Malt On Sale (Strong) will take place only in conjuncUOn 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 (DSn or his/her designated representative. 2. Per City of Saint Paul Legislative Code 4ll.02, Entertainment A is defined as amplified or nonamplified music and/or singing by performers without limitation as to number and group singing participated in by patrons of the establishment (includes karaoke). Conditions for Liquor-Outdoor Service Area (Sidewalk): 3. The sidewalk cafe is an extension of the restaurant operation onto a part of the public sidewalk which immediately adjoins the licensed premises. 4. No sidewalk cafe shall be pernutted in any portion of the public sidewalk where normal pedestrian traffic flow is obstructed. A minimum cleazance width of thirty-six (36) inches must be maintained on the public sidewalk at all times. 5. No tables, chairs or any other furnishings except plant tubs shall be placed in the area used for the sidewalk cafe during any period when the sidewalk cafe is not open and being operated. While such cafe is in operation, all tables and chairs shall be kept in a clean, sanitary condition. 6. The use of a por[ion of the public sidewalk as a sidewalk cafe shall not be an exclusive use. All public improvements, including but not limited to trees, light poles, traffic signals, pull boxes or manholes or any public initiated maintenance procedures, shall take precedence over said use of the public sidewalk at all times. 7. It shall be the duty of the licensed food establishment to maintain each plant tub at all times in a safe condition at its proper location and to inspect each such tub periodically in order that it may be property maintained. Trees or plants and their tubs shall at all times be kept in a neat, clean and presentable condiuon. No advertising matter or sign or writing of any kind shall be displayed upon any tree or plant or its tub. 8. No outdoor food and/or beverage prepazation is allowed on a public sidewalk without prior approval and additional licensing from DSI. TFIEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application. U�-yia- Yeas Nays Absent Benanav � Bostrom � Harris ,/ Helgen � Lantry � Montgomery v Thune � d Adopted by Council: Date ����Q3�r�`(�,/�� Adoption Certified by Council S BY // /l/�Ju /�I�iKSl�✓J � l �/ � a7 Approved by May�ate � Requested by Department of: � Form Approved by City Attorney � Approved by Mayor for Submission to Council L•�F� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � D �7 -9/a- co -����� Contact Person & Phone: Marcia Mcermond 266-8570 Must Be on Council Agenda 03ACT-07 Doc. Type: RESOLUTION E-Document Required: Y Document Contact: Jean Birkholz 2'ISEP-07 y Assign Number For Routing Order ConWM Phone: 266-8673 I I Total # of Signature Pages _(Clip Ai1�LOCations for Signature) CostlRevenue Sudgeted: Approving the license application with conditions, pet the Legislative Hearing Officer, for adding Liquor Outdoor Service Area (Sidewa]k) for Andrea Miller, Owner, Chatteibox Enterprises Highland Inc, doing business as Chatterbox Pub at 800 Clevela�d Avenue South. idatlons: Approve (A) or Ke7ect (R): Personai Servlce contracu must wnswer tne rouowmg uuestions: Planning Commission 1. Has this person/firm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/frm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current ciry employee? Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (1Nho, What, When, Where, Why): AdvanWges If Approved: Uisadvantages If Approved: Disadvantages If Not Approved: Transaction: Funding Source: Financial Information: (Explain) Green Sheet NO: 3044257 0 ounc� 1 onnc� De artment D'vec[or 2 onnc8 G5 C7erk 3 4 5 ActiYity Number. , , s � �C( G � EUU� September 21, 2007 9:19 AM Page 1 07-�9/�- LICENSE HEARING MINUTES Chatterbox Pub located at 800 Cleveland Avenue South Friday, August 10, 2007, 10:00 a.m. 330 City Hall, 15 Kellogg Boulevard West Mazcia Moermond, Legislative Hearing Officer The hearing was called to order at 10:11 a.m. Staff Present: Jeff Fiscbbach, Department of Safety and Inspections (DSI); and Jean Birkholz, Council Research. Others Present: Steven Miller, owner, Chatterbox Enterprises Highland Inc, doing business as Chatferbox Pub, 80U Cievetand Avenue South; Bill Poutos, president, Highland District Council; and Michelle Martin, manager, Village Apartments Chatterbox Pub: Add Liquor Outdoor Service Area (Sidewalk) (ID #f2005000320A) to the existing ]icenses for Wine On Sale, Malt On Sa]e (Strong}, Entertainment (A), Cigarette/Tobacco and Restaurant (B) — more than 12 seats Ms. Moermond stated that this license application is for a Class N License which requires neighborhood notification. The City received one letter of concern to the issuance of this license which means that a LegislaYive Hearing is necessary. There are three (3) possible outcomes of this hearing. Ms. Moermond could: 1) recommend to the City Council that Yhey issue this ]icense withouY any condiYions; 2) recommend to the City Council that they issue this license wiYh 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 Chis 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 Counci] as a resolution and it will appeaz on the Consent Agenda. Ms. Moermond will begin with a staff report. Next, the business proposal witl 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 Fischbach, DSI, provided a staff report. A recommendation was received from the district council approving a waiver of the 45-day waiting period. Building, Environmental Health, Fire, License and Zoning Inspections all have been approved. The Department of Safety and Inspections recommends approval with the following conditions: l. Per City of Saint Pan] Legislative Code 409.15. The sale of Wine On Sale and Malt On Sale (Strong) will take place only in conjunction with Yhe 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 (DSI) or his/her designated representative. 2. Per City of Saint Paul Legislative Code 411.02, Entertainment A is defined as amplified or nonamplified music and/or singing by performers without limitation as to number and group singing participated in by patrons of the establishment (includes karaoke). Conditions for Liquor-Outdoor Service Area (Sidewalk): �7-yi�- 3. The sidewalk cafe is an extension of the restaurant operation onto a part of the public sidewalk which immediately adjoins the licensed premises. 4. No sidewalk cafe shall be permitted in any portion of the public sidewalk where normal pedestrian traffic flow is obstructed. A minimum clearance width of thirty-six {36) inches must be maintained on the public sidewalk at aSl times. 5. No tables, chairs or any other fixrnishings except plant tubs shail be placed in the area used for the sidewalk cafe during any period when the sidewalk cafe is not open and being operated. Whiie such cafe is in operation, all tables and chairs shall be kept in a clean, sanitary condition. 6. The use of a portion of the public sidewalk as a sidewalk cafe shall not be an exclusive use. Ail public improvements, including but not limited to trees, light poles, traffic signals, pull boxes or manholes or any public initiated maintenance procedures, shail take precedence over said use of the public sidewalk at all times. 7. It shall be the duty of the licensed food establishment to maintain each piant tub at all times in a safe condition at its proper location and to inspect each such tub periodically in order that it may be property maintained. Trees or plants and their tubs shali at all times be kept in a neat, clean and presentable condiYion. No advertising matter or sign or writing of any kind shall be displayed upon any tree or plant or its tub. 8. No outdoor food and/or beverage preparation is allowed on a public sidewalk without prior approval and additional licensing from DSI. Ms. Moermond asked Mr. Fischbach if there had been any change made to the conditions since the notification was mailed on May 23, 2007. Mr. Fischbach replied that there have not been any changes made to the conditions. The conditions are agreeable to the applicant. Ms. Moermond reviewed the letter from Viliage Apartment Homes IT, LLP. Ms. Martin, manager, stated that owner, Mark Otness, had written the letter suggesting that alcohol served on the sidewaik cease at dusk to keep the noise down because the apartments have no air conditioning and people sleep with their windows open. If noise wexe to become a problem, he suggested that a review be made. Also, that any approvai for sidewalk dining not be transferable to a third party. Mr. Millet responded that this letter had been worked up by both Mr. Otness and Mr. Milter a yeaz ago. Both had agreed to it. When Mr. Otness sent in the letter, he did not intend for it to be an opposition letter. Ms. Moermond commented that she is fine with a private agreement between business owners; however, it would not be enforceable by the City. Mr. Bilt Poulos, president of the Highland District Council, spoke. He said that he is not sure when "dusk" is and it would be clearer if a time certain could be estabiished. Mr. Poulos added that Shawn Bartsch, Highland Business Associarion representative, wants to make sure that the outside of the building is cleaned on a regular basis. Mr. Miller responded that they try to take care of those things right away. He added that if Shawn ever sees anything, she should call him directly on his cell phone. Mr. Poulos added that it's great to have the Chatterbox in the neighborhood; they have worked well with the council and have been a good neighbor. � 7-9/a- Mr. Fischbach stated that DSI also has concems about the word "dusk." It is not enforceable. DSI requires a time. Noise issues could be very easily handled by the Police; there aze noise ordinance regulations. Licenses are not transferable. If a new business comes in, they would need to apply for a new license. Ms. Moermond asked Mr. Miller about their current business hows. He replied that they are open from 7 a.m. Monday — Friday and close at 1 a.m. (2 a.m. Friday and Saturday); and open from 9 a.m. Saturday and Sunday (close 1 a.m. Sunday). At their pub in Minneapolis, they stop seating the patio at 9 pm. and they make sure that patio is cleazed at 10 p.m. In Saint Paul, they could stack the chairs to make sure that no one is using the area to create noise. Ms. Moermond noted that she is moving pazallel with the noise ordinance, which is 7 a.m. to 10 p.m. Mr. Fischbach stated that Mr. Miller will be on the hook if inspectors pass by after 10 p.m. and see people sitting there. Mr. Miller responded that maybe people will be sitting there, but Chatterbox will not be providing service out there. So far, they haven't had a late issue. Ms. Martin added that no one in the building has complained about noise since the patio has been open; street noise is the biggest issue there. Ms. Moermond noted that a few well-placed complaints will result in a review of the license and potential adverse action. Mr. Poulos suggested that maybe the district council could interject itself into the process after a complaint or two, in order to help mediate the situation before it needs to go to City Hall. Mr. Miller added that the only neighbor is the apartment complex and he thinks that Mr. Otness wanted to make sure that if a problem should arise, there would be an avenue to go about a solution. Ms. Moermond suggested that signage be provided asking to respect the residential character of the neighborhood upon exiting. Mr. Miller stated that they have taken those steps. Ms. Martin and Mr. Poulos said that if they heard a complaint, they would take it up with Mr. Miller and hy to solve it within the neighborhood before they march down to City Hall. Ms. Moermond suggested that Chatterbox Pub's manager's contact information be provided for the neighbors/tenants. Ms. Moermond recommended approval with the aforementioned conditions plus the addition of the two (2) following conditions: 9. Service in the liquor outdoor service area (sidewalk) shall be restricted to between the hours of 7:00 a.m. and 10:00 p.m. 10. All seating in the liquor outdoor service azea shall be cleared of people by 10:00 p.m. The hearing was adjourned at 10:54a.m. /jab