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08-395Council File # �p"�j y� Green Sheet # 3052080 ON NESOTA �µ Presented by 1 WHEREAS, Cossetta's Inc. d/b/a Cossetta's, located 211 W. 7` Street in Saint Paul, has applied 2 for On Sale Liquor — 181-290 Seats and On Sale Liquor Sunday licenses; and 3 4 WHEREAS, § 409.06(n) of the Saint Paul Legislative Code prohibits issuance of a liquar license 5 within 300 feet of a church; and 7 WHEREAS, Cossetta's Inc. d/b/a Cossetta's requests waiver of the provisions of § 409.0\69(n) 8 prohibiting issuance of a liquor license within 300 feet of a Church; and 10 WHEREAS, a Church is located within 300 feet of 211 W. 7` Street and that church has signed a 11 waiver of the 300 feet prohibition which is attached to this resolution; and 12 13 WHEREAS, § 409.06 allows waiver of the 300 feet prohibition based on consent of the Church and 14 a vote of at least 5 Council members; and 15 16 WHEREAS, at least 5 members of the Council vote that the application is in order and there are no 17 grounds for denial of the licenses and that the failure to grant the waiver would cause exceptional and 18 unusual hardship to the license applicant; now therefore, be it, 19 20 RESOLVED, that the 300 foot restriction of § 409.06 of the Saint Paul Legislative Code is hereby 21 waived and On Sale Liquor —100 Seats, On Sale Liquor Sunday, and Liquar Outdoor Service Area — Patio 22 licenses are issued to Cossetta's Inc. d/b/a Cossetta's, located 211 W. 7` Street in Saint Paul. 23 Yeas Na s Absent Requested by Department of: Bostrom ,� .� �� Carter ,i Hazris ✓ By: ��z� Tr Helgen ✓ Approved by the Office of Financial Services Lantry ✓ Stark ,� By: Thune ✓ Appr y Crty Attomey G d B � ^ Adopted by Council: Date ��//o�a%/�' Approved Ma or l or Sub i to ouncil Adoption Certified by ouncil Secretary B � BY� 1 / /UiJ �/lSd�-t ✓ Approved yo : Date —{ � By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � D$�3�� ' DepartmenVo�ce/council: '. Date Initiated: � SI - DeptofSafery&luspe.crions �� o�,�R-08 ��� Green Sheet NO: 30 52080 � ContaM Person & Phone: ' , Deuartment Sent To Person Initial/Date � ChfiStine A. RoZek � � ' 0 Deot of Safety & Insnecfions ' ' 266-9108 _� p55ign ' 1 �D,_e�tuf_ Safety&Inso�oons �' Aeoar[mentDirector � � , M st Be n C uncil Agenda by (Date : Num6er � �������, For � 2 Cih AtCOrnev � �: Routing 3 Mavor's O�ce � MavodASSistaot ' Doc. Type: RESOLUTION ; Order �� y 'Council ' ' ' i ' E-Document Required: Y i I 5 CtiN Clerk ' CiN Clerk ; �� � Document Contact: Robert Humphrey � . , Contact Phone: 266-9123 7otal # of Signature Pages _(qip All Locations for Signature) Approval of a Resolution waiving the 300 foot distance requirements between a church and a liquor establishment contained m Chapter 409.06 of the Saint Paul Legislative Code and granting On Sale Liquor 100 Seats, On Sale Liquor Sunday, and Liquor Outdoor Service Area -- Patio licenses to Cosetta's Inc. d/b/a Cossetta's, located at 211 West Seventh Street. �aa�ions: Hpprove �H) or K Planning Commission CIB Committee Civil Service Commission 1. Has this persoNFlttn ever worked under a contract for this depariment? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/flrtn possess a skill not normally possessed by any wrrent city employee? Yes No Explain all yes answers on separote sheet and attach to green sheet Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why): Council approva] necessary in order to waive the requirements wntained in Chapter 409.06 of the Saint Paul Legislative Code. "Free at Last Church of God in ChrisY' has sigend a petition consenting to this applica6on. Advantages If Approved: DisadvanWges IfApproved: Disadvantages If Nat Approved: T2nsaction: Funding Source: Financial Information: (Expfain) CosURevenue Budgeted: Activity Number: April 8, 2008 9:31 AM Page 1 J D � � � � � � DEPARTMENI' OF SAFETY AND INSPECTIONS BobKessla, D'vector , CITY OF SAINT PAUL C7�ristopher B. Cotemmr, Mayor COMMERCE BUILDING BFowth S[ E, Suite 200 Saint Pau7, M'vmesota 55101-1024 PETPITON Consent for an Intofficafing Liquor Establishment b 8 � 3�� Tetephnne: 657-266-9090 Paaim+le: 651-266-9714 Web: wvnr smauLgw/dsi LC409.06(n) Licerue near church or school. No license, except an on-sale wine or intoxicating malt liquor license sssued to a restaurant as defined in section 4�9.15, shall be issued for any pxemises located within three hundred (300) feet from any pnblic or pazoclual school, church or synagogue, said tluee hundred (300) feet being calculated and computed as the distance measured from the property line of the premises or building proposed as the locarion for the liquor license to tfie property line of any school, chisch or synagogue in the azea for wluch the licease is sought Any licenses in force and effect on November 10,1962, the location of wluch license is in conflict wifh the provisions hereof, may be renewed, transferred or otherwise dealt with in accordance with law, it being the intent of this paragraph that it be applied prospectively for proposed locations of licenses, and fixrther it being the intent of tlus pazagraph that the limitations set forth in this paragreph shall in no mamier be applicable to any hotel or motel. Upon written petilion signed on behalf of the school, church or syaagogue located within three hundred (300) feet of the proposed locadon of the license, the council may by a five-sevenths vote disregazd the provisions of this paragraph insofaz as locafion adjacern to a church, school or synagogue of a proposed license is concemed. We, the undersigned, have read and understand City of Saint Paul Legislarive Code 409.06(n) stating that any church located within 300 feet of �, �' �� � j� 5 i REET may consent to the waiver of the 300 feet distance requirement and granting of an Intoxicating Liquor License at the aforementxoned locarion. We, the undersigned, understand that the business, �OSS E�' ��,' �J G awned tiy � qJ � o � C dSS E'6C� , h�as �filed� busmess license application for Li Q�a'R O1J S�}tiE �$( — 290 S EK}T S�' located - at 21 � VU 1T 4� S 1"(1.EE"f with the City of Saint Paul Depariment of Safety and Inspecrions We, the undersigned, do hereby consent to the applicarion of CoSSE'1T 1R ,T YJ G requesting an Intoxicating Liquor license at COSSE1T�14 Q�sT����wr The undersigned acknowledges that (nazne and ritle of sienee) has authority to consent to the applicarion r esting an Intoxicating Liquor license on behalf of �ar-E ,�� ��.� � c�� o� �on �� c.Hti�sr . 3 ��/D� �a5tc� Printed Name Phone Number AA-ADA-EEO Emp7oyu L� @JOyL Bh� sp�E so,�pA`1 �