08-1347i
Council File # � � ��j �
Green Sheet # 3064595
RESOLUTION �0
CITY OF_SA1NT PAUL, MINNESOTA
Presented by
1 WHEREAS, KIB Properties, Inc., doing business as Trend Bar (Application I.D. #2007000386�,
2 located at 1537 University Avenue West in Saint Paul, has applied for a class N license to add
3 Liquor-Outdoor Service Area (Patio) to its existing licenses for Liquor On Sale — 100 seats or
4 less, Liquor On Sale — Sunday, Restaurant (B) — more than 12 seats, Malt Off Sale, Gambling
5 Location, and Cigarette/Tobacco; and
6
7 WHEREAS, Trend Bar's residential properties are within a 300 foot radius of licensee's proposed
8 patio, and licensee has obtained consent from sixty-five percent (65°/o) of those properties; and
9
10 WHEREAS, licensee sent out letters seeking support from the list of seventeen private residences provided
11 by the Department of Safety and Inspection and was unable to obtain the consent of ninety percent (90%)
12 approval from the remaining unresponsive residences despite follow-up telephone calls and going door-
13 to-door; and
14
15 WHEREAS, the Council finds that these efforts constitute a good faith effort to fulfill all petition
16 requirements, and that the resuits of the attempts to obtain signatures showed a generally
17 favorable disposition from the surrounding community toward the proposed licensed activity;
18 and
19
20 WHEREAS, the Council finds that issuance of the license will not interfere with the reasonable
21 use and enjoyment of neighboring property and residences and will not bear adversely on the
22 health, safety, morals and general welfare of the community; and
23
24 WHEREAS, the Legislative Hearing Officer recommends that the application for a Liquor-
25 Outdoor Service Area (Patio) license for Trend Bar be approved with the following conditions:
26
27 EXISTING LICENSE CONDITION:
28 1. Licensee agrees to serve food and beverages on disposable dishes on the outdoor pa�io.
29
30 ADDITIONAL LICENSE CONDITIONS:
31 2. Seating capacity in the patio area is limited to eight (8) patrons.
32 3. Outdoor service and consumption of food and liquor will terminate at 10:00 p.m. every
33 night of the week.
34 4. Patrons may purchase only one drink at a time for consumption in the patio area.
35 5. The back door of the establishment will remain closed and locked after 10:00 p.m. every
36 night of the week. No entry from the back door is permitted after 10:00 p.m.
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37 6. A receptacle for trash must be placed in the patio area at all times and at least four (4)
38 receptacles for smoking materials will be placed on or next to the tables on the patio.
39 7. The license holder shall ensure that all trash on the premises and the surrounding
40 sidewallcs and the alley in back is picked up every day.
41 8. The licensee is responsible for patron behavior on the premises, including the outdoor
42 patio. Patron behavior must be monitored to ensure respect for the residential character
43 of the neighborhood and to prevent disturbances caused by patrons.
44 9. Signage shall be prominently posted at all entrances and exits to make patrons aware that
45 when they leave the premises they are exiting into a residential neighborhood and should
46
47
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show respect and consideration for the residents.
10. Signs will be placed on each outdoor table reminding patrons that they are in a residential
area. They must show consideration for the neighbors and keep their noise down.
49
50 THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this
51 license application with the aforementioned conditions.
Requested by Department of:
�
Adoption Certified by Council Secretary
By: �
Approve r: Date � y l � ��
B Y' ��� �� -
Form Approved by City Attorney
By:
Form Approved by Mayor for Submission to Counci]
�
By:
Adopted by Council: Date �°��/��/f�
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
n� -13 �L'1
DepartmentlOffice/COUncil: Date Initiated:
co-�°°°��� z,_N��-0$ Green Sheet NO: 3064595
Contact Person 8 Phone: Denartment SeM To Person InitiallDate
Nhia Vanp y o oanc0 0
26frS566 1 oanc� De artment Directar
Assign Z "riClerk C5 Clerk
Must Be on Council Agenda by (Date): Number 3 �
Routing 4 -
Doc. Type: RESOLUTION Order 5 �
E-DocumentRequired: Y
Document Contact:
ConWM Phone:
Total # of Signature Pages ` (Clip All Locations for Signature)
Action Requested:
Approval of license application with conditions, per the Deputy Legislative Hearing Officer, for a Liquor-Outdoor Service Area
(Patio) license for KIB Properties, doing business as Trend Baz, located at 1537 University Averme West.
Recommendations: Approve (A) or Reject (R): PerSOnai Service Contracts Must Answer the Following Questions:
Planning Commission 7, Has this person/firm ever worked under a contract for ihis depaAment?
CIB Committee Yes No
Civtl Service Commission 2. Has this personlfirm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages If Approved:
Disadvantages If Approved:
DisadvanWges If Not Approvetl:
Total Amoant of CosURevenue Bud eted:
Tronsaction: 9
Funding Source: Activily Number:
Financial Information:
(F�cplain)
November 21, 2008 2:47 PM Page 1
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MTNUTES OF THE LEGISLATIVE HEARING
Trend Bar at 1537 University Avenue West
Monday, October 6, 2008
Room 330 City Hall/Courthouse
NhiaVang, Deputy Legislative Hearing Officer
The hearing was called to order at 11:07 a.m.
Staff Present: Reid Soley, Department of Safety and Inspections (DSI); and Racquel
Naylor, Council Research
Others Present: Ken Brill, co-owner of KIB Properties, Inc., doing business as Trend
Bar
Request for License: Liquor-Outdoor Service Area (Patio) to be added to the existing
licenses for Liquor On Sale —100 seats or less, Liquor On Sale — Sunday, Restaurant (B) —
more than 12 seats, Malt Off Sale, Gambling Location, and Cigarette/Tobacco
Ms. Nhia Vang stated that this is an informal legislative hearing for a license
application. This is a C1ass N notification which means that the neighborhood gets
notified and has a chance to voice its concerns. If anyone has a concern, it automatically
triggers a hearing. Other Class N Licenses include auto sales, auto repair,
entertainment, cabaret, tattoo parlor, etc.—things that have an immediate impact on the
neighborhood. The City received two (2) letters of concern regarding the issuance of
this license. The goal today is to develop a recommendation for the City Council to
consider. Ultimately, there are three (3) possible outcomes of this hearing: 1) Ms. Vang
may rewmmend to the City Council that they issue this license without any conditions;
2) she may recommend to the City Council that they issue this license with agreed upon
conditions; or 3) she may recommend to the City Council that they not issue this license
but refer it to an administrative law judge for a further hearing and findings. Ms. Vang
will make her recommendation in the form of a resolution that will go before the City
Council for their approval. It will appear on the Consent Agenda at a City Council
meeting.
Ms. Vang will begin with a staff report. Staff will be asked to explain their review of the
application and will also explain their recommendation. Then, she will ask the
applicant to talk about the business plan. Next, she will hear from those people who are
here in support of the issuance of this license and those with concerns about the
issuance of this license; and, she will review the email and letter that were sent
regarding this application.
MINUTES OF THE LEGISLATIVE HEARING, TREND BAR O � '3/ �Page 2
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Reid Soley reported that the applicant is KIB Properties, Inc. doing business as Trend
Bar, located at 1537 University Avenue West. The application is for a liquor outdoor
service area patio license to be added to the existing licenses. There is one
recommended license condition that the department is recommending and is as follows:
1. Licensee agrees to serve food and beverages on disposable dishes on the outdoor
patio.
A letter was submitted dated August 20, 2008, from the Hamline Midway Coalition
objecting to the issuance of this license for the following reasons:
(1) the Trend Bar does not have a positive reputation. Local residents have often
wimessed patrons outside the bar clearly intoxicated, staggering, falling down,
sometimes passing out [They] can only imagine that this would be worse if the
Trend served liquor outdoors.
(2) the Trend Bar is open, serving alcohol, from 8:OOam — 1:OOam, Monday —
Saturday and 10:OOam — 1:00 am on Sundays. Presumably the outdoor service
area would be open the same hours [as the bar],
(3) the Trend Bar is housed in a multi-used building with several adjacent
commercial uses. Given the Trend's business model and current clientele, these
businesses would be negatively impacted by the outdoor service of alcohol.
Concerning inspection requirements, said Mr. Soley, there are no building code issue
involved. Environmentai Health, Licensing, and Zoning have all approved and DSI
recommends approval.
Ken Brill, 1537 University Avenue, appeared and stated that the outdoar patio is now
watched by the bartenders during the day. If there is alcohol served out there, the
bartenders would watch that, also. If there was a problem with a certain patron, they
would not let them drink outside. If there is a problem with glass or cans outside, they
would use plastic cups before they went outside. During the week, one of the three co-
owners is there on-site. At night at 10:00 p.m. until the bartender leaves at 1:30 a.m. or
2:00 a.m., there is a hired security guard around to keep watch. The bartender and the
security guard watch inside the bar and go outside the building to make sure there are
no problems. The day bartender spends time outside walking around, too. He works
every day from about noon to about 7:00 p.m. He knows a lot of people that hang out
outside the building. He knows who is a customer and who is not. As for serving food
out there, he does not think a lot of people will be eating outside on University Avenue.
They have pizza and potato chips. They have food during football games. The patio is
cleaned up every morning.
MINUTES OF THE LEGISLATIVE HEARING, TREND BAR Page 3
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Regarding the "staggering" people, Mr. Brill stated that these people are not necessarily
patrons from the Trend Bar. There are two ofiher bars and two liquor stares within a
block radius. They might end up in the Trend, but the bartenders do not serve people
who are that drunk. If these people want to sit down for a while and have a glass of
water, they can have that, but then they have to leave. As for the other letters regarding
the trash, the Trend Bar really does not generate trash in front of the bar. The majority
of trash comes from the Midway Shopping Center across the street where there is paper
blowing every where. Cigarette butts come from people walking by, although they
have a canister outside for cigarettes. The pawn shop mentioned trash in front of their
place, but Mr. Brill sees people in front of their building smoking all of the time and
they do not have a can for cigarettes. The Trend Bar gets blamed. Some patrons do
throw things down, but it is in their patio area, which gets cleaned up every day.
Mr. Brill continued: as for property damage at the pawn shop, there were no police
reports of broken windows to the property as of 2006. The pawn shop owner had
mentioned broken windows in the letter. In August, complaints regarding the
neighborhood within a six block radius, there were 116 police calls received in the area
for University, Thomas, and Hamline of which none was for the Trend Bar, and there
were two for the pawn shop. It seems the Trend Bar is being blamed for the
neighborhood as a whole and should be taken into consideration when they talk about
beer bottles in front of their place. The Trend Bar does not sell beer bottles with brown
paper bags around them, pints, or half pints which likely come from the liquor store.
Since July of 2007 when the new co-owners took over, the Trend Bar has changed a lot.
People feel a lot safer coming into the bar. Hamline Midway Coalition and the pawn
shop are basing their concerns on past reputation.
Trend Bar's hours of operadon are from 8:00 p.m. to 1:00 am. Previously, the bar
stayed open until 2:00 a.m. and there were several problems associated with that
because people would come and create problems and some of the employees and
bouncers were part of the problem. Under the new ownership, none of the previous
four bartenders and bouncers works at Trend Bar any more. The bar has hired a
security company to provide a security guard for when the bar is opened in the
evenings.
Currently, there are two part-time bartenders from the previous owners that work an
8:00 a.m. to about 8:00 p.m. shift, including two other full-time employees (e.g., bar
manager and one of the three co-owners). The night and weekend shifts have four
other part-time bartenders, including the security guard who works a 10:00 p.m. to 2
a.m. shift.
MINUTES OF THE LEGISLATIVE HEARING, TREND BAR Page 4
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(There was some detailed discussion about hours and shifts.)
In answer to several questions, Mr. Brill responded that John works the swing shift and
he is fizll-time. Cindy is the manager and she bartends in the morning. There are no
waiters and waitresses. Mr. Brill is there Monday, Tuesday, and Wednesday mornings.
Pretty much one of the co-owners is always there. The volume of patrons can vary and
difficult to predict. During the day and during the night, the crowd can attract
different type of patrons. For example, this morning, there were four people there. At
night there could be 25. If the Vikings play, there could be 25 to 30 people.
Ms. Vang asked how they continually monitor the sihxation so that the noise level does
not get out to the neighborhood. Mr. Brill stated that the bartender who stands behind
the bar has a direct view through the window to monitor situation out on the patio and
many of their patrons are good people who lets the bartender know when situation
escalates or problematic In addition, the security guard is posted near the door and is
continuously monitoring the bar for problematic situations.
Mr. Brill works for 3M and has no experience managing a bar. He is invested and went
into the business with two other partners. Qne of the partners, Mike, has worked for 15
years as a bartender and he knows the bar business. There's a lot of opporiunity for Mr.
Brill to learn on the job training. During the day, the full-time manager is available and
has experience bartending. She worked for the previous owner and has taken care of
ordering supplies and handling paperwork. Currently, Mr. Brill and his co-partners are
renting the property for their business.
In answer to questions about alcohol training, Mr. Brill responded that they have on the
job training. A lot of it is involves common sense. There is not a requirement unless a
compliance check has failed. In August, a minor came in the business attempting to
place an alcoholic drink and the Trend Bar complied and did not serve to the minar.
Discussion ensued regarding Trend Bar's relationship with the district council. Mr. Brill
said that he and his partners have met with three members from the district council
asking for their support and about getting pull tabs in there. The district council never
asked to meet with them directly about this license. There was discussion about
gambling and then the district council went to the bar afterwards and had a beer at the
Trend Bar at which time, Mr. Brill asked for the district council's support of the license.
(Ms. Vang read the letters received into the record.)
MINUTES OF THE LEGISLATIVE HEARING, TREND BAR Page 5
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Greg Daniels, Cash and Pawn, 1537 University Avenue West, wrote about loud and
raucous patrons, trash, and granting an outdoor patio license would increase the
problems with this establishment; Leland A. Holm, Holm Enterprises, owner of 1515
and 1519 University, wrote empty beer bottles thrown on the rood have caused
problems on the zoof that plug drains and cause other damage inside 1519, front
windows have been broken from fights in front of the bar, and he is concerned about
thrown beer bottles breaking their art glass on the front.
Ms. Vang asked staff about police reports historical. The police report goes back to
January 2000. The current owners have been licensed since December 21, 2007.
Prostitution can be a frequent problem and is not necessarily associated with this bar.
There were other violations in the area (i.e., disorderly persons, drunkenness, theft,
assault, etc.).
When asked how the co-owners are handling those related problems, Mr. Brill stated
that if they see something going on, they will call the police whether or not the incident
is occurring in front of the Trend Bar. They have friends from the police department
who will often drive by and on occasion conduct a walk-through the bar.
Mr. Soley stated that before the license was issued to the new owner, there were quite a
few listings of proactive police visits, which would indicate that the police felt a need to
keep a close eye on the establishment. Since the new ownership, he noHced only one
such proactive visit in roughly the past year. That may indicate the police are not
feeling the need to stop in as often, although he is not an expert on this.
Ms. Vang stated that she did not see any existing conditions on the license. Mr. Soley
responded that there were no conditions on the previous bar. A notification went out to
the neighborhood. There has not been a need seen by the licensing office to place a lot
of conditions on this particular bar.
Ms. Vang stated she does not see a site plan for where the patio is going to be. Mr. Brill
responded that there will be four tables and eight chairs there. It is fenced in.
(Mr. Soley showed a picture of where the patio would be.)
Ms. Vang asked about parking. Mr. Soley responded there is no additional parking
requirement for this license.
Ms. Vang asked about smoking and drinking locations. Mr. Brill responded that when
their patrons exit the estabiishment to smoke, they do not bring their drinks out with
MINUTES OF THE LEGISLATIVE HEARING, TREND BAR Page 6
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them. Right now, patrons can go out in the back or the front of the building to smoke.
In the back of the bar, there is a recycling bin is located in the back where the alley is
and the bar has provided a stool and ash trays for smokers. About a third of their
patrons go outside to smoke.
The business's busiest night can include between 25 to 30 people. Saturday and Sunday
afternoons are also busy times, Thursday, Friday, Saturday, and Sunday nights are
usually busy with a steady group of between 20 to 30 people. As far as people
staggering outside and stumbling around causing problems, Mr. Brill stated that there
are two other liquor stores and two other bars within a block radius. There is another
business located in the same building with them and they try to be respectful by trying
to keep the people away from the front of the building.
Ms. Vang asked about signage informing patrons of the nearby residential
neighborhood. Mr. Brill responded they have signs and have informed their patrons
about respecting the neighborhood. Also, many of their patrons live in the
neighborhoods. The Trend Bar does not tolerate anyone who is not respectful.
Ms. Vang asked if they have banned anyone from the bar and do they keep a listang.
Mr. Brill responded, yes, but they dori t keep a listing. If someone misbehaves, the
Trend Bar bans that person for two weeks and bartenders are notified ot the barred
person.
Ms. Vang asked if Mr. Brill be opposed to putting up a sign about no loitering. Mr. Brill
responded that he believes there is a sign already posted on the inside of the door.
Ms. Vang stated she will add that as a condition to which Mr. Brill agrees.
Ms. Vang asked whether the owners consulted the police when they hired the security
guard. Mr. Brill responded that they went through a security company. They got rid of
the bouncers that used to work there.
Ms. Vang asked if the bar intend to hire mare security on those busy nights. Mr. Brill
responded in the negative and stated that Trend Bar is the only bar in the neighborhood
that hires security instead of having bouncers. If they start to open until 2 a.m., Trend
Bar may consider hiring bouncers.
Ms. Vang asked how many bars are in the area. Mr. Soley responded that he is not sure.
MINUTES OF THE LEGISLATTVE HEARING, TREND BAR Page 7
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Ms. Vang stated she would like to take a recess so that Mr. Soley can give her an idea of
how many bars are in the area. (Mr. Soley and Mr. Brill explained the bars and other
businesses in the area and how far away they are from Trend Bar.)
Ms. Vang asked whether those other bars have a patio or sidewalk service area. Mr.
Soley responded that the Town House has a sidewalk cafe.
Ms. Vang asked about lighting in the patio area at night. Mr. Brill responded that there
are sufficient street lights on University and Asbury for the patio area and in the back,
there are motion sensor lights.
Ms. Vang asked whether the back doors are locked. Mr. Brill responded that they leave
it open. They shut it if the air conditioning is on. It is never propped.
Ms. Vang stated that she would like to add as a condition that the back door be locked
after 10 p.m. so that no one can go to the back alley to smoke. She is concerned about
patrons bringing food outside and exposing noise to the residential neighborhood.
Ms. Vang asked about the hours for the patio. Mr. Brill responded it is the same hours
as the business. They are trying to figure out a time to shut it down for drinking
because they do not want it open until the closing time. Usually, they are trying to get
rid of the customers at 12:30 a.m.
Ms. Vang asked for a patio closing time to which Mr, Brill thought a midnight closing
would be fine with them. Discussion ensued as to what would be an appropriate time
to address concerns that were raised by the received letters and Ms. Vang suggested an
earlier time, maybe 10:00 p.m. to which Mr. Brill agrees.
Ms. Vang asked whether there were trash receptacles in the patio area to address litter
and smoking receptacles for the patio area. Mr. Brill responded that they do not at this
time have outside trash and smoking receptacles. They currently offer potato chips and
pizza on disposable dishware and has not seen anyone eating out in the patio area.
There was discussion about ensuring that Trend Bar provides trash receptacles outside
for people to throw trash in instead of throwing trash on the street and that there be
receptacles for smoking patrons. Ms. Vang understands that litter on the streets are not
directly generated from the bar but would like Trend Bar to take responsibilities for
ensuring that the sidewalk was cleared of all trash. Staff confirms that the City does
require that businesses keep trash off the street within a block radius. Mr. Brill
responded that he picks up trash every moming anyway and would not see that as a
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problem. Ms. Vang adds that a condition about trash pick-up be added, trash
receptacles and smoking receptacles be available.
Ms. Vang reminded Mr. Brill that a 10:00 p.m. patio closing meant that sidewalk
services have to stop exactly at that time which meant that patrons cannot bring any
kind of drinks or food out there when the patio closes.
(A recess was taken from 12:00 p.m. to 12:36 p.m. to find out about other bars and liquor
establishments in the area.)
Ms. Vang revisited signage and stated that she would like placards be posted on each
table in the patio area. Mr. Brill was agreeable to this condition.
Ms. Vang asked about patrons going outside to the back to smoke and she would like to
make sure that in the evenings, the back door is to be closed and that patrons are to go
outside to the front to smoke. She did not want the back door exposing the
neighborhood to noise generating from the establishment.
Discussion ensued about drinks being served outside and Ms. Vang would like patrons
to give the bartender their license when they go out to drink to ensure that only those
who had a seat on the patio could get service thera Mr. Brill agrees to the one chair per
person in the paHo area and responded that they only want their customers in the patio
area. Some times, people on the streets would sit in the patio area and they don`t want
that either and have asked those non-customer people to leave. Mr. Brill believes that
he is not expecting to see a lot of customers in the patio area. Ms. Vang restated that the
only peopie allowed to drink in the patio are the ones sitting in the chairs. Other
patrons cannot just wander out to the patio area to drink their beer out there to which
Brill agrees. Mr. Brill agrees to the condition to only allow one drink at a time being
consumed in the patio area.
Ms. Vang re-stated that all the refuse and trash in the surrounding area should be
cleaned up on a daily basis because of strong opposition from the neighbars. This
condition will help alleviate their concerns. Ms. Vang would also like Trend Bar to
patrol adjacent areas in addition to their locaHon to which Mr. Brill agrees.
MINUTES OF THE LEGISLATIVE HEARING, TREND BAR Page 9
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Ms. Vang then recommended approval of the license with the recommended conditions
to be added to the existing license condition:
EXISTING LICENSE CONDITION:
1. Licensee agrees to serve food and beverages on disposable dishes on the outdoor
patio.
ADDTTIONAL LICENSE CONDITIONS:
2. Seating capacity in the patio area is limited to eight (8) patrons.
3. Outdoor service and consumption of food and liquor will terminate at 10:00 p.m.
every night of the week.
4. Patrons may purchase only one drink at a time for consumprion in the pario area.
5. The back door of the establishment will remain closed and locked after 10:00 p.m.
every night of the week. No entry from the back door is permitted after 10:00
p.m.
6. A receptacle for trash must be placed in the patio area at all times and at least
four (4) receptacles for smoking materials will be placed on or next to the tables
on the patio.
7. The license holder shall ensure that all trash on the premises and the
surrounding sidewalks and the alley in back is picked up every day.
8. The licensee is responsible for patron behavior on the premises, including the
outdoor patio. Patron behavior must be monitored to ensure respect for the
residential character of the neighborhood and to prevent disturbances caused by
patrons.
9. Signage shall 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.
10. Signs will be placed on each outdoor table reminding patrons that they are in a
residential area. They must show consideration for the neighbors and keep their
noise down.
The hearing was adjourned at 12:42 p.m.
rrn /nv