08-248coun�s� Fs�e # (�8" aN�
Green Sheet # 3 05 c> 'a
RESOLUTION
T PAUL, MINNESOTA
Presented
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1 WHEREAS, the Legislative Hearing Officer recommends that the application for (I.D. # 20070004744)
2 Liquor On-Sale-0ver 200 seats, Liquor On-Sale-Sunday, Bowling Centers, Restaurant (B)-more than 12
3 seats, Entertainment (B), Restaurant (D)-Add-on (Bar Only), Gambling Location, and Food Vending
4 Machine licenses for Minnehaha Lanes Inc., doing business as Minnehaha Lanes, 955 Seminary Avenue,
5 be approved with the following conditions:
7 1. The licensee must never prop open exterior doors during business hours.
8 2. The licensee may not dispose of glass bottles into the dumpster between the hours of 8:00 p.m. to 7:00
9 a.m.
10 3. The licensee must maintain video surveillance cameras in the front and back of the premises. The
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number, quality, and placement of cameras must be approved by the Saint Paul Police Department. The
license holder will keep the video surveillance cameras in good working order. Tapes 1 recordings must be
maintained for a minimum of 30 days and must be available immediately upon request by the Department
of Safety and Inspections (DSI} or the Saint Paul Police Department. This condition must be met no later
than ninety (90) days from the date of issuance of licenses.
4. Trash Collection is only allowed to occur between 7:00 a.m. and 9:00 p.m.
5. The licensee shall make sure that all exterior refuse, glass, and trash that are on the premises, from the
front door of the business to Chatsworth Street, is removed on a daily basis.
6. No music from the establishment should be heazd beyond Chatsworth Street.
7. The licensee will monitor all outside activities and prohibit loitering.
8. The licensee agrees to the restriction that dancing, under the Entertainment (B) license, will be allowed
only on Friday and Saturday nights.
THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license
Application.
Requested by Department of:
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Form Approved by Ciry Attorney
By:
Adoption Certified by Council Secretary
BY // /l///��irii/ifd.-�
Approv y a r Date ( Q�
By:
Form Approved by Mayor for Submission to Counci]
By:
Adopted by Council: Date �j��jy/,� /�, �/�p f
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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Contact Person & Phone:
Marcia Mcennond
2668570
Must Be on
12-MAR-08
Doc.Type: RESOLUTION
E-Document Required: Y
Document Contact Jean Birkholz
04MAR-OS
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Assign
Number
For
Routing
Order
ConWCtPhone: 266-8673 , I
Total # of Signature Pages _(qip All Locations for Signature)
Green Sheet NO: 3050734
0 onacil
1 ouncil
2 ' Clerk G5t Clerk
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Approving the license application with conditions, per the Legislative Hearing Officer, for Liquor On-Sale - Over 200 seats, Liquor
On-Sale - Sunday, Bowling Centers, Restaw'ant (B) - more than 12 seats, Entertainment (B), Restaurant (D) - Add-on (Bar only),
Gambling Location, and Food Vending Machine licenses for Minnehaha Lanes, Inc., doing business as Minnehaha Lanes, 955
Seminary Avenue.
ioanons: Npprove �H� or rce�ec[ (rc�: rersonai service contracu must nnswer tne ro�wwmg �,iuesnons:
Planning Commission 1. Has this person/firm ever worked under a contract for this department'1
CIB Committee Yes No
Civil Senice Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firtn possess a skill not normally possessed by any
current city employee?
Yes No
Explain ail yes answers on separate sheet and attach to green sheet
Inftiating Problem, issues, Opportunity (VYho, What, When, Where, Why):
Advantages If Approved:
Disadvantages If Approved:
Disadvantages If Not Approved:
Transaction:
Funding Source:
Financial Information:
(Explain)
Activity Number:
CosURevenue Budgeted:
March 4, 2008 331 PM Page 1
LICENSE HEARING MINUTES b� �� y �
Minnehaha Lanes at 955 Seminary Avenue
Thursday, February 14, 2008, 10:00 a.m.
330 City Hall, 15 Kellogg Boulevard West
Mazcia Moermond, Legislative Hearing Officer
The hearing was called to order at 10:08 a.m.
Staff Present: Reid Soley, Department of Safety and Inspections (DSI); and Jean Birkholz,
Council Research
Others Present: Michael Anderson and Matthew Anderson, business and property owners; Tait
Danielson Castillo and Sam Buffington, District 7 Planning Council
Minnehaha Lanes: Bowling Centers, Liquor On-Sale – Over 200 seats, Liquor On-Sale – Sunday,
Liquor On-Sale – 2 am Closing, Entertainmeut (B), Restaurant (B) – more than 12 seats,
Restaurant (D) – Add-on (bar only), Food Vending Machiue, and Gambling Location licenses.
Ms. Moermond stated that this is an informal legislative hearing for a license application. This is a
Class N notification which means that the neighborhood gets notified and has a chance to voice its
concerns. If any one has a concern, it automatically triggers a hearing. Other Class N Licenses include:
auto sales, auto repair, etc.—things that have an immediate impact on their neighbors. The City
received one letter of concern to the issuance of this license. Ultimately, there are three (3) possible
outcomes from this hearing: 1) Ms. Moermond would recommend to the City Council that they issue
this license without any conditions; 2) she would recommend to the City Council that they issue this
license with agreed upon conditions; 3) she would 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. Moermond 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 people who are here in support of the issuance of the license
and those with concerns about the issuance of the license and, she will taik about how to deal with some
of those concerns.
Mr. Reid Soley, DSI, provided the staff report. He stated that DSI has placed eight (8) conditions on
this application at this time:
1. The licensee must never prop open exterior doors during business hours.
2. The licensee may not dispose of glass bottles into the dumpster between the hours of 8:00 p.m.
and 7:00 a.m.
3. The licensee must maintain video surveillance cameras in the front and back of the premises.
The nuxnber, quality and placement of cameras must be approved by the Saint Paul Police
Department. The license holder will keep the video surveillance cameras in good working order.
Tapes / recordings must be maintained for a minimum of thiriy (30) days and must be available
immediately upon request by the license inspector or the Saint Paul Police Department.
4. Trash collection is allowed only to occur between 7:00 a.m. and 9:00 p.m.
5. The licensee shall make sure that all exterior refuse, glass and trash that are on the premises from
the front door of the business to Chatsworth Street is removed on a daily basis.
6. This establishment will close no later than 1:00 a.m. every night of the week requiring all patrons
are out by 130 a.m.
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7. No music from the establishment should be heard beyond Chatsworth Street.
8. The licensee will monitor all outside activities and prohibit loitering.
On January 15, 1008, the District 7 Planning Council recommended approval of all the licenses applied
for except for the Liquor On-Sale 2 a.m. Ciosing (they proposed a 12 midnight closing) and only if the
applicant agreed to the other conditions that were just read.
Kegarding inspection requirements, all have been approved and there aze no building requirements. DSl
recommends approving all of the licenses applied for except for the Liquor On-Sale 2 a.m. Closing. In
this case, DSI asked the applicant to withdraw the application for Liquor On-Sale 2 a.m. Closing, since
the District 7 Planning Council had recommended approval of all licenses but had requested a Midnight
closing time. The applicant, however, was not willing to withdraw the application for Liquor On-Sale 2
a.m. Closing.
Ms. Moermond asked staff for a list of conditions currently on this location.
(A short break was taken to secure that information.)
Mr. Soley read the conditions currently for 955 Seminary Avenue, dba Minnehaha Lanes;
1. The business will have surveillance cameras both inside and on the outside of the establishment.
Equipment will be maintained in good working condition and all tapes will be kept for at least 7 days.
Tapes will be readily available to police officers and/or license inspectors upon request. Cameras will
be installed and operational by August 1, 2005.
2. Licensee will immediately post no loitering signs in the parking lot and will enforce the ban on
loitering.
3. Metal detectors or wands must be used on all club patrons to prevent weapons from entering the club.
Equipment must be installed and operational by August 1, 2005.
4. The club will be closed to all new customers after 1:QQ A.M.
5. All ciub patrons will be 21 or older. There will be no events marketed to youth 18 and up.
6. Security will be provided in the pazking lot and must be provided at every door after 9:00 P.M.
7. Additional iighting will be provided in the parking lot. Lighting will be installed by August 1, 2005.
8. Music formats will exclude gangster rap and hip hop.
9. An alarm must be provided for the rear door of the club.
10. The ID of every customer must be checked priar to entry into the club. The licensee must not
permit anyone under the age of 21 to consume alcohol in the establishment. If a customer does not
provide a legitimate ID, the customer will be denied entry.
11. The licensee is responsible for patron behavior on the licensed premises, including the parking lot.
Ms. Moermond asked the Andersons about their business plans. Mr. Mike Anderson stated that he
doesn't think any of the current license conditions apply to the business they are going to run. They will
not be operating a night club. Their business will consist of a regular bowling center with a baz and
food. They will open at 9 a.m. on most days; 11 a.m. on others. They have some daytime leagues.
Most of the league bowlers bowl on week nights from 6:30 to 930 p.m.; the others times, they have
open bowling. When they met with the District 7 Planning Council, they were trying to be good
neighbors and they agreed to all their conditions. But, after talking with the management, they had
second thoughts about the midnight closing. They consider all of the rest of the conditions reasonable.
There aze a number of non-trouble-causing people who like to stay there after midnight.
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Ms. Moermond asked if they will be keeping the current staff after they take-over the business. Mr.
Anderson responded that they plan to keep the same management staff. The current owner of the
business is going through bankri.iptcy and the management staff doesn't have any financial resources to
pay for things.
Mr. Soley stated that DSI staff had discussed the Andersons' plan for the business, and at that time, it
was decided that most of the eleven (11) conditions that had been placed on the previous licensee would
not be applicable to this license application.
Ms. Moermond asked the Andersons if they had any intention of opening up a night club. Both
answered that they did not. She stated that she would really like to have a condition on the license that
states they won't operate a night club. Mr. Anderson asked about the possibility of leasing out the back
space at a future time. Ms. Moermond responded that in that case, the Andersons would need to ask that
the condition be removed from the license. The process would be the same as applying for a license.
The people who would be applying to run the night club will need the to go through the same process in
order to get that license.
Mr. Soley asked about the Entertainment B license, that specifically allows dancing. Entertainment A
allows a musician/karaoke, but you can't have dancing. The Entertainxnent B license suggests night
club. Mr. Anderson said that when those licenses were discussed at the District 7 Planning Council,
there was some confusion about the differences between those licenses. Ms. Moermond asked the cost
of both licenses. Mr. Soley responded that an Entertainment B costs $517; an A costs $217 (last year's
rates; they are more this year). Mr. Anderson asked if they would need the "no night club" condition on
the license if they changed to Entertainxnent A. Ms. Moermond answered, "No." Mr. Soley added that
they may want to consider that if they dropped the Entertainment B for a year and wanted to re-apply for
it in the future, they would need to petition the neighborhood again as well as notification. Ms.
Moermond added that if someone were to lease the back room space and want to operate their own
business, they would need to get their own license and run the petition around the neighborhood.
Someone else cannot use another's Entertainment B license. Ms. Moermond asked if there were any
other differences between A& B besides the dancing. Mr. Soley replied that the parking requirements
aze different but that would not be an issue here. Ms. Moermond asked the applicants if they could live
with the 1 a.m. closing. They replied that they don't do a 2 a.m. at SunRay and they didn't intend to do
it at Minnehaha Lanes. The applicants said that they were comfortable withdrawing the 2 a.m. license
application. Without the 2.a.m. license, there is no regulation that would keep them from staying open
until 1 a.m. Dara Thai, in the near vicinity at 769 Milton Street North, has a condition on there beer and
wine license, to close at midnight. Ms. Moermond stated that she is comfortable having this be a 1 a.m.
license and if the applicant is willing to withdraw the 2 a.m. application, she won't ask for a condition.
Mr. Tait Danielson Castillo, Director, District 7 Planning Council, introduced Sam Buffington, the new
Community Organizer for District 7. Mr. Danielson testified that the conditions submitted by the
District 7 Planning Council mirrored the Dara Thai conditions. When the residents met with District 7,
noise was a concern along with parking lot activity. The disco in the back of Minnehaha Lanes seemed
to be the largest issue. Because the new owners are willing to eliminate the disco/dancing, the residents
aze very satisfied with the new ownerloperator. A change in ownership is what has been needed for a
while. Mr. Danielson Castillo thinks Yhat the neighbors really wanted a midnight closing but he thinks
that a compromise can be made because the applicants are willing to close earlier than 2 a.m. and will
not be running a night club.
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Ms. Moermond asked whether staff has looked at the camera situation. Mr. Anderson responded that
there are cameras there; however, they may be involved in the bankruptcy. He added that they will be
installing cameras; they have cameras in their other places of business. They will be having a computer
hard drive system. Mr. Soley stated that he will have Mr. Steve Parsons, SPPD, evaluate what is
currently there and advise on what is needed. Mr. Parsons needs to approve of the system. Ms.
Moermond stated that she is not comfortable leaving it open-ended, in case there is an incident. She will
recommend ninety (90) days from the issuance of the license.
Ms. Moermond asked if the neighborhood had any other comments. Mr. Danielson Castillo noted that
at their meeting, they wanted the businesses in the mall to be treated as fair as possible.
So faz, Ms. Moermond concluded, that condition # 6 will be eliminated and the applicants wil] be
withdrawing the Liquor On-Sale 2 a.m. and also the Entertainment B license applications.
Mr. Danielson Castillo asked if the applicants have the appropriate licenses to operate a banquet hall and
have caterers. Could they rent out the space for a birthday party, anniversary or wedding reception. Mr.
Soley replied that they have a restaurant license that includes that back space. Mr. Anderson added that
the previous operator of the business was doing banquets in the back room before he decided to go
disco. Mr. Danielson Castillo stated that he just wanted to make sure that the applicants could do that
because the neighborhood could certainly use it. Ms. Moermond asked Mr. Soley to double check with
Ms. Rozek to make sure that the applicants' licenses cover banquet halls.
Ms. Moermond asked the applicants to choose one:
1) have a condition put on the license that they won't operate a night club and keep the Entertainment B
license; or
2) withdraw the Entertainment B license application and have no condition stating that there will be no
night club.
Ms. Moermond stated that she wants the neighborhood to have a guarantee that there will be no night
club there and she also wants the applicants to have all the options Yo operate their business the way they
want.
(A second short break was taken in order for Mr. Soley to consult with Ms. Rozek and with the City
Attorney's Office to make sure that the applicants aze in no way precluded from using the back room as
a banquet space; and for the applicants to discuss their preference regarding entertainxnent.)
When the hearing reconvened, Mr. Soley reported that he had conferred with Kris Schweinler, a senior
license inspector at DSI, and found that the applicants would be able to operate the space in back of the
bowling alley as a banquet hall with tl�e existing restaurant and liquor licenses that they have. With the
Entertainment A license, they can also have entertainment offerings there. For instance, at a wedding,
they can serve food, they can have entertainment, they can serve the guests liquor. If they would want to
dance at the wedding, the applicants would need the Entertainment B license. Ms. Moermond said that
she understands there are temporary entertainment licenses available that would allow a limited number
of events per year.
The applicants said that they had been willing to withdraw the Entertainment B license application but
then thought it would also be great to be able to do some weddings, if the temporary entertainment
licenses are available. Mr. Anderson stated that even though District Ts proposed conditions didn't
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recommend stating, "No night c1ub," the neighbors were comfortable with them. It is the behavior of
the people that is of more concern. Mr. Danielson Castillo agreed that the issue is really how loud and
obnoxious the behavior is; however, a night club does bring more noise, more pazking lot activity, etc.
on its own. To give peace to the neighbors, Mr. Danielson Castillo thinks that dropping the
Entertainment B, holding Entertainment A, and then requesting dance entertainment on a temporary
basis that would allow them up to twelve (12) times per year, might resolve the issue. After consu3ring
the license code, Mr. Soley stated that such temporary licenses can be granted up to only three (3) times
per year. Ms. Moermond then suggested that a condition could be drafted which allows the applicants to
keep their Entertainment B license if they voluntarily agree to restrict the dancing to Friday and
Saturday nights. The applicants thought that could work. The applicants have agreed to withdraw their
request for the Liquor On Sale — 2 AM Closing license application.
Ms. Moermond will recommend approving the license applications for Bowling Centers, Liquor On-
Sale — Over 200 seats, Liquor On-Sale — Sunday, Entertainment (B), Restaurant (B) — more than 12
seats, Restaurant (D) — Add-on (bar only), Food Vending Machine, and Gambling Location with the
following conditions:
(The applicant withdrew the Liquor On-Sale — 2 A.M. Closing license application.)
1. The licensee must never prop open exterior doors during business hours.
2. The licensee may not dispose of glass bottles into the dumpster between the hours of 8:00 p.m. to 7:00
a.m.
3. The licensee must maintain video sixrveillance cameras in the front and back of the premises, The
number, quality, and placement of cameras must be approved by the Saint Paul Police Department. The
license holder will keep the video surveillance cameras in good working order. Tapes / recordings must
be maintained for a minimum of 30 days and must be available immediately upon request by the
Department of Safety and Inspections (DSI) or the Saint Paul Police Department. This condition must
be met no later than ninety (90) days from the date of issuance of licenses.
4. Trash Collection is only allowed to occur between 7:00 a.m. and 9:00 pm.
5. The licensee shall make sure that all exterior refuse, glass, and trash that are on the premises, from the
front door of the business to Chatsworth Street, is removed on a daily basis.
6. No music from the establishment should be heard beyond Chatsworth Street.
?. The licensee will monitor all outside activities and prohibit loitering.
8. The licensee agrees to the restriction that dancing, under the Entertainment (B) license, will be
allowed only on Friday and Saturday nights.
The hearing was adjourned at 11:26 a.m.
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