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08-274Council File # /�g' �7u Green 5heet # 3050914 Presented by CIT,Y OF RESOLUTION NT PAUL, MINNESOTA a� I WHEREAS, the Legislative Hearing Officer recommends that the application for (I.D. #20070004703) 2 Retail Food (C)-Grocery 1001-3000 Squaze Feet, Cigarette/Tobacco, and Malt Off Sale Licenses for 3 AMAN Corporation, doing business as Minni Market, located at 2019 Minnehaha Avenue East, be 4 approved with the following conditions: 5 3.2 Beer and beer products cannot be sold by the individual bottle or can, 6 Sale of 40 ounce bottles of beer is not permitted, 7 The sale of wine and/or strong beer is not permitted with a Malt Off Sale license; 9 THEREFORE, BE IT RESOLVED, that the City Council approves this license application with the 10 aforementioned conditions. Bostrom Carter Harris � ✓ � � Form Approved by City Attorney By: Adopted by Council: Date Ab_Se�l Requested by Department of: Adoption Certified by Council Secretary By: q Approved r: Date J � By: Form Approved by Mayar for Submission to Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � bg-��� CO �OWCII ConWCt PeSOn & Phone: Marcia Moertnond 266-8670 Must Be on Council Aqen Doc. 7ype: OTHER AGREEMENT/CONTF E-Document Required: Y Document Contact: Racquel Naylor ConW ct Phone: 266-8573 11-MAR-08 �► Assign Number For Routing Order Total # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3050914 0 ouncil 1 ound De artment Accountant 2 ' C7erk G� Attome 3 4 5 6 7 Approving license application with conditions, per the Legislative Hearing Officer, for Retail Food (C)-Grocery, Cigarette/Tobacco, and Malt Off Sale Licenses by AMAN Corporation, DBA Minni Mazket, 2019 Minnehaha Avenue East. tlaGOns: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission 1, Has this person/firm ever worked under a contrad for ihis department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm 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 separote sheet and attach to green sheet Initiating Probiem, Issues, Opportunity (Who, What, When, Where, Why): AdvanWges If Approved: Disadvantages If Approved: Disadvantages If Not Approved: Transaction: Funding Source: Financial Information: (Explain) Activity Number: CostlRevenue Budgeted: March 11, 2008 4:08 PM Page 1 Og-��� MINUTES OF THE LEGISLATIVE HEARING MINNI MARKET — 2019 Minnehaha Avenue East Monday, February i l 2008 Mazcia Moermond, Legisiative Hearing dfficer The hearing was catled to order 10:05 a.m. STAFF PRESENT: Reid Soley, Department of Safety and Tnspections-Licensing O�ce (DSI) Donna Boyer, manager, appeared and stated that the oumer asked her to come in place of him. Ha is from India and there is a language banier. They may want to get an interpreter to Talk with him. Reid Soley asked can she communicate with the owner in English. Ms. Boyer responded yes. Ms. Moermond stated that there are three possible outcomes to the hearing today: 1) she can recommend the City Council issue the license with no conditions, 2} recommend the Council issue the license with conditions, and at this juncture, she cannot force conditions on the owner, 3) refer this matter to an Administrative Law Judge for a formal hearing if there are conditions that will ma1:e this workable that the applicant does not agree to or Ms. Moermond thought there was no way this would be workable. Reid Soley, DSI-Licensing Office, appeared and staYed that this concerns the Aman Corporation, doing business as Minni Market, located at 2019 Minnehaha A��enue East. The president is Malinderjit Singh. This concerns an application for Retail Food (C) Grocery 1001-3000 Square Feet; Malt Off Sale allowing the sale of 3.2 beer; Retail Food-Restricted Food Service, which allows coffee service; and Cigazette/Tobacco licenses. Three conditions have been placed on this license at this rime: 1. 3.2 Beer and beer products cannot be sold by the individual bottle or can. 2. Sale of 40 ounce bottles of beer is not permitted. 3. The sale of wine and/or strong beer is aot permitted with a Malt Off Sale iicense. The applicant has signed a conditions affidavit with these conditions applied. Regarding the neighborhood organization, there is no record of a recommendation in our office. Concerning the inspections requirements: there are no building code issues, Environmental Health has approved, Fire has not yet approved this as there is a reinspection scheduled, there are six deficiencies, none of which are serious and can be easily remedied by the applicant. Ms. Boyer responded that there is one thing lefr to do; the cover on the stoop outside needs to be repIaced. Mr. Soley continued: Fire will reinspect and wili give their approval before issuing the license. Licensing needs a signed lease. Zoning has approved it. DSPs recommendation is to approve the license application with the conditions applied. LEGISLATIVE HEARING-MINNI MARKET-2019 Minnehaha Avenue East Page 2 a�J(.� Ms. Moermond asked is there a signed lease. Ms. Boyer responded that there should be somewhere between the previous owner and Mr. Malinderjit. Mr. Soley responded that it is a contingent situation; they will have it before they issue Che licenses. Ms. Boyer asked asked about Condition 1. They sell 6 and 12 packs. Mr. Soley responded that is the way they have to sell it. Ms. Moermond added that they cannot break up a pack. Ms. Moermond stated she wanted to talk about the letters. Ms. Boyer responded that she did not get a copy of the letters. (Ms. Boyer was given a copy of the letters.} Ms. Moermond stated a letter from the Blanks is objecting to the alcohol, but it does not say why. The other letter (e-mail from Annabella Hollister) implies that there are neighborhood problems going on here, adding a beer license will make it worse, rowdy teens with alcohol around, someone may buy some for them. Looking at the police calls, it appears the store is proactively calling when things come up. Ms. Boyer responded there is shoplifting. As for the e-mails, she wondered what the teens have to do with the alcohol because a person has to be 21 years old to purchase it. Ms. Moermond responded that sometimes teens wiii get adults Yo buy them beer, but she is not reading thaY as a concern in the letter. They are against the sell of any form of alcohol, and they are concemed that this will increase unwanted tra�c in the alley. Mr. Soley stated that he spoke with Ralph Bland. He was concerned about the teen traffic around that store. He has seen the neighborhood change over the years, and does not like what is going on around the store. Ms. Boyer responded it is moving from the west towards the east. Ms. Moermond asked how they deal with rowdy teens. It looks like onca a month she calls ihe poJice because of rowdy teens. Ms. Boyer responded the last time she called the police, there was a robbery in the parking Iot; it had nothing Yo do with the store. A customer came in and said that he was robbed in the parking lot. With the rowdy teens, she just kicks them out. She cannot remember the last time she made a call regarding that. Ms. Moermond asked for details on the store. Ms. $oyer responded there is no gas. It is mainly dairy, candy, cigarettes, grocery, lots of pop. They operate 630 a.m. to 10;00 p.m. In answer to several questions about staffing, Ms. Boyer responded she is the manager and is there 45 hours a week; she is usually there in the afternoon until about 5:00 to 6:00. She works 8 to ll hours per day, Monday through Friday. The lastest she works is 9:00 to 6:00. The owner's sons go by nicknames Sonny and Tony. They are 25 and 30 years of age. It is not unusual for the owner to be at the store, but he would not be working. He wants to make sure everything is running smoothly, although Ms. Boyer has been there 14 years. LEGTSLATIVE HEARING-MTNNI MARKET-2019 Minnehaha Avenue East Page 3 Ms. Moermond asked what happens when teens come in causing problems. Ms. Boyer zesponded that if she caught someone stealing, she likes to embarrass them so they don't do it again. If it is a surprise, she will ask them why they aze doing this. If it is a first time, she wilI call the parents. If they give her lip back, she wiIl call the police. Ms. Moermond stated she kas been there a long time. Ms. Boyer responded that she has been through a lot of owners. �'a�� Ms. Moermond asked is this the first time the store has sought a Malt Off Sale license. Ms. Boyer responded no. Mr. Soley responded that this is a change in ownership on a 3.2 license. Ms. Boyer asked the radius of the store to send out the notices. Mr. Soley responded 350 feet. (He showed the numbar of properties that the 350 feet inciudes.} There aze 60 neighbors, the district council is notified, Iiquor ]ist people, etc. Ms. Moermond stated she does not think there will likely be an increase in problems relaYed to this license because the license has been existence in this location. To think things will get worse does not seem to be well founded. The law provides for the sale of liquor. This is the mildest form of license available. The police ca71s don't say this is a long term problem property. In answer to questions about the location, Ms. Boyer responded the business is located on the corner. They have an exit in the back Everybody uses the back. People can park on the side or the building or in the back. Ms. Moermond asked is there is problem with teens bothering people. Ms. Boyer responded that no one has said anything about that. Ms. Moermond is recommending approval of the license application with the conditions recommended by DSI {as ]isfed on Page 1). She is not hearing anything fhat would make her add anything to the license. The owner signed off on all the usual conditions that aze in place for off sale malt licenses. The hearing was adjourned at 10:31 a.m. ��ui