09-1078Substitute 1/13/2010
Council File # 09-1078
Green Sheet #
RESOLUTION
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C��F� AINT PAUL, MINNESOTA
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WHEREAS, on September 17, 2009, rhe Deputy L egislative Hearing Officer conduaed a public hearing to review the
applicazion of Sun Foods II Inc, doing business as Sun Foods (I.D. #20090000399), 544 University Avenue West, to
add a Malt Off-Sale license to the existing licenses for Retail Food (F) - Grceery over 10,000 sq. fc., Retail Food Butcher
- Secondary Faciliry, Restaurant (2) - 1-12 Seazs and Cigarette/Tobacco, and recommend thaz Sun Foods' application be
approved with the following conditions:
1. 3.2 Beer and beer products cannot be sold by the individual bottle or can.
2. The sale of 40 ounce bottles and/or cans of beer are not pernutted The sale of beer in containers of this or
similar sizes is considered to be the sale of beer by the individual bottle or can.
3. The sale of wine and/or strong beer is not permitced with a Malt Off-Sale license.
4. This license does not authorize the sale and/or consumption of alcohol in the restaurant nor does it authorize the
consumption of alcohol anywhere on the licensed premises.
5. A max;*+�um of twelve (12) seats is pernutted in the restaurant under this license.
6. Licensee shall provide trainiug to staff on laws prohibiting sale of alcohol to mino� (persons under 21 years of
age).
7. Licensee shall post signs in the store indicazing thaz s[ore staff will check IDs and thaz no alcohol or tobacco
products will be sold to minors.
17
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THEREFORE, BE IT RESOLVED thaz the Council of the City of Saint Paul hereby approves this license applicazion
with the aforementioned agreed-upon conditions.
Absent I Requested by Department of:
Bostrom
Carter
�
Stark
Adopted by Council: Date �
Adoption Ce�ifed by Council Se etary
By:
Approvedb yor: Dat � 2-f Zo�o
32 BY
Form Approved by City Attorney
By:
Form Approved by Mayor for Submission to Council
By.
� ����
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DepartmenUO�ce/COUncil: Date Initiated:
co -�°�°��� 30 SEP 2009 Green Sheet NO: 3082178
ConWCt Person & Phone- DeDartment Sent To Person InitiaVDate
Nhia vanp o a�o� �
2668566 1 ounN De arhventDirector
Assi n �
Must Be on Council Agenda by (Date): Number 3 a orts Office Ma odASSistant
07-OCT-09 For
Routing 4 ouncil 0
Doc. Type: RESOLUTION Order 5 i Clerk (,ti Clerk
E-Document Required: Y
Dacument Contact: �ean Birkholz
Contact Phone: 266-6673
Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Approving the license applioation with conditions, per the Deputy Legislative Hearing Officer, for a Malt Off-Sale license for Sun
Foods II Inc., doing business as Sun Foods, 544 University Avenue West.
Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Foilowing Questions:
Planning Commission 1. Has this personlfirm 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 aty employee?
Yes No
Expiain all yes answers on separate sheet and attach to green sheet.
Ini[iating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages ItApproved:
DisadvanWges If Approved:
DisadvanWges If NotApproved:
Total Amount of
Transaction: CosURevenue Budgeted:
Funding Source: Activity Number:
Fi nancia l I nformation:
(Explain)
September 30, 2009 12:19 PM Page 1
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LICENSE HEARING MINUTES
Sun Foods at 544 Univetsity Avenue West
Thuisday, September 3, 2009, 10:00 a.m.
330 City Hall, 15 Kellogg Boulevard West
Nhia Vang, Depury Legislative Hearing Officex
The heanng was called to oxder at 10:08 a.m.
Staff Ptesent: Larty Zangs, Department of Safety and InspecUOns (DSI); and Jean Birkholz,
Council Research
Othets Present: Leng Ku, business owner; Che Ku, Uniondale Mall property owner;
Gregory Heck, Harrington Langex & Associates; and Vera Ashley, MN ACORN
Sun Foods: Request to add a Malt Off-Sale license to the etcisting licenses fox Retail Food (F) -
Grocery 10,000 sq. ft., RetaIl Food Butcher – Secondary Facility, Restaurant (1) – No Seats and
Cigaxette/Tobacco
Ms. Vang stated that this is an informal legislative hearing fox a license apphcation. This is a Class N
notification which means that the neighboxhood gets norified and has a chance to voice its concexns.
If anyone has a concem, it automatically triggers a heaiing. Othex Class N Licenses include: baxs,
entextauunent, auto sales, auto repaix, etc.—things that have an iminediate unpact on theu
neighbors. The City teceived two (2) lettexs of concern xegaxding the issuance of this license.
Ultnnately, thexe axe three (3) possible outcomes fxom this heaiing: 1) Ms. Vang can recommend to
the City Council that they issue this license without any condiuons; 2) she can xecommend to the
Crty Council that they issue this license with agreed upon conditions; ox 3) she can recommend to
the City CouncIl that they not issue this license but refeT it to an administrative law judge fox a
furthex heaxing and findings. Ms. Vang will make her recommendation in the foxm of a xesolution
that will go before the City Council for the� appxoval. It will appeax on the Consent Agenda at a
City CouncIl meeting.
Ms. Vang will begin with a staff report. Staff will be asked to explain theix xeview of the apphcation
and will also explain their xecommendation. Then, she will ask the apphcant to talk about the
busmess plan. Next, she will heax fxom people who axe hexe ui support of the issuance of the
license and those with concems about the issuance of the license and, she will review the lettexs /
emails that were sent regarding this application.
Mx. Laxiy Zangs, DSI, xepoxted that staff has xeviewed the application; it meets all of the
requixements for these types of licenses. DSI had recommended it fox appxoval with the following
conditions:
1. 3.2 Beex and beex pxoducts cannot be sold by the indroidual botde ox can.
2. The sale of 40 ounce bottles and/ox cans of beex axe not pexmitted. The sale of beex in
containers of this ox similar sizes is considered to be the sale of beei by the individual
bottle or can.
3. The sale of wme and/ox stsong beex is not permitted with a Malt Off-Sale License.
Staff will also need to schedule a meeting with the applicant to go ovex the paxriculars of the rules of
when 3.2 can be sold.
D� i4��
Mr. Zangs also informed the hearing that it was bxought to his attention yesterday by Dave Tank,
Builcling Inspector and Peggy Schlicte, Fire Inspectox, that they had observed some wozk that had
been done for which the applicant did not have permits. A new seating area had been erected in the
deli so a diffexent xestaurant license needs to be secuzed. Currendp, the}� have a Restauxant (1) with
no seats. They will need to apply fot a Restautant (3) — 13-50 seats. (These is also a Restaurant (2) —
1-12 seats.) In addidon to that, thexe is a new jewelry stoTe. There aze new walls, dooxs, plumbing,
electrical, etc. Thexe may be some issues with e�citing because a wall sepazating the e�t from the
back storage xoom has been Temoved. No plans have been submitted. The inspectox has asked to
apply double fees on these permits that the applicant failed to obtain before the wotk had been
staxted. So, at this time, DSI staff is asking foi a Laj�over of this decision until such time that plans
axe xeceived by DSI and the building is brought back into compliance. Ms. Vang asked if this meant
that DSI might come back with addirional xecommended condirions foT this license. Mr. Zangs
replied that was quite pxobable.
Mr. Che Ku (pxoperty ownes), speaking fox his bxothex, Mx. Leng Ku (Sun Foods business owner),
stated that he helps his bTOthex, Leng, manage the business on a day to day basis. He is not a co-
ownex of the gxocery stoxe business.
Vexa Ashley, ACORN (cuxxently on hiatus), stated that she is hexe in suppoxt of the applicants. She
is in the community every day woxking on neighborhood issues. One concern that she has is that
both Leng and Che wexe unawaxe that they needed pernuts. T`he contxactor told them that they
didn't need them. She believes there was a misundeTStanding between Leng and Che and the
contractoz. She knows that they will comply with all of the rules and do what the community
expects. She also confirmed that the restauxant has tcvelve (12) seats.
Ms. Vang asked Che to translate to Leng to walk hex tl�ough his business plan. She undeistands
that Mx. Leng Ku cuxrendy has a xetail grocery business with a butcher and cigarette/tobacco
licenses, and would like to bettex undexstand why he would like to add a malt off-sale license.
Today, she heaxd fxom staff and fxom Ms. Ashley that Mr. Leng Ku also has a xesta�ant with twelve
(12) seats. She reiterated that Mr. Leng Ku will need to woxk with DSI to obtain the necessary
peTmits. Mx. Che Ku, speaking on his btothex's behalf, responded that they spoke to the conttactor
who told them that he will apply fox the necessary pemuts today.
Mr. Zangs stated that staff has no objection to considering the license going fonvaxd; howevex, at
this time he is askuig far the applicant to submit the specific plans so that staff undexstands exacdy
what is going on in that space / what is being pxoposed. He plans to inspect the space next week,
pexhaps with the building inspectox. When a use changes and these's any kind of construction work
done, the ownex of the business must be aware of the need fox pexmits. The contractox is usually
awaxe of the necessary cequixed permits.
Ms. Vang stated that since theie aze so many unansweTed questions today, this matter will be laid
ovex to 10:00 a.m., Th�sday, Septembex 17, 2009.
The hearing was adjourned at 10:29 am.
/jab
Sun Food'> Mviutes Z
Septembes 3, 2009
Septembet 17, 2009
09 ��y�
LAID OVER MEETING (Sep 17, 2009) MINTUES BEGIN ON NEXT PAGE.
LICENSE HEARING MINUTES
Sun Foods at 544 University Avenue West
Thutsday, Septembex 17, 2009, 10:00 a.m. (Lay Over from Sep 3, 2009)
330 City Hall, 15 Kellogg Boulevard West
Nhia Vang, Deputy Legislarive Hearing Officex
The hearing was called to order at 10:43 am. (Watting fox intexpseter)
Staff Present: Larry Zangs, Department of Safety and Inspections (DSI); and Jean Birkholz,
Council Reseaich
Others Present: Leng Ku, business ownec; Che Ku, Uniondale Mall property owner;
Gregory Heck, Harrington Langex & Associates; and Vera Ashley, MN ACORN;
Cambodian interpreter, Sun Tin
Sun Foods: Request to add a Malt Off-Sale license to the e�sdng licenses fox Retail Food (F) -
Gxocery 10,000 sq. ft., RetaIl Food Butchex — Secondary Facility, Restauxant (2)-1-12 Seats and
Cigaxette/Tobacco
Ms. Vang thanked everyone far being paaent this moxning.
Ms. Vang explained that this is a continuing hearing from Thuxsday, Septembex 3, 2009. At that
time, thexe wexe seveLal outstanding issues and DSI requested that the heaTing be laid over to
address the following:
1) the cortectxestauTant license,
2) building construction,
3) e�t plan, and
4) site f floox plan.
Ms. Vang xeitexated today's process.
Mx. Larry Zangs, DSI, pxovided the staff xepoxt. He stated that all pexmits have been obtained in
ordex to make the modifications to accommodate the resta�ant. Most of the mechanical pexmits
have been signed of£ The building inspector needs to do the final walk-thxough and the fiTe
inspectox is possibly out thexe today doing theix final inspection. Mx. Zangs is not anucipating any
pxoblems with the fmal inspections. Mr. Zangs said that thexe is plenty of parking available; it
complies with the Zoning Code.
DSI Tecommends appxoval of the license with the following conditions:
1. 3.2 Beex and beex products cannot be sold by the individual bottle or can.
2. The sale of 40 ounce botdes and/ox cans of beex ate not permitted. The sale of beeT in
containexs of this or similax sizes is considexed to be the sale of beer by the individual
botde ox can.
3. The sale of wine and/ox strong beex is not perxnitted with a Malt Off-Sale license.
4. 11us license does not autharize rhe sale and/ox consumption of alcohol in the xestauxant
nox does it authorize the consumption of alcohol anywhere on the licensed premises.
Sun Foods Mtnutes 3
Septembex 3, 2009
Septembei 17, 2009
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5. A ma�num of twelve (12) seats is pemutted in the restaucant under this license.
Ms. Vang asked the applicant, :vlr. Leng Ku, quesrions to which he provided answexs with the
assistance of an interpretez. He has operated this type of business without a restaivant for a year in
Bxooklyn Centez and he continues to operate it. The 544 Univexsiry Avenue West site is his second
business. He emploj�s twenty (20) people at this site, five (5) of which are for the restauTant. The
houTS of opexation fox the gxocery stoTe aze from 8:00 a.m. to 8:00 p.m.; fox the restaurant, they axe
fxom 8:00 a.m. to 6:00 p.m. ox 7:00 p.m. The neighborhood in Saint Paul is similar to the one in
Brooklyn Centex. T'he gxocery stoxe sells everything as a xegulaz gxocery stoxe. The 3.2 beer will be
located in fxont of the cashiez. 'I'he coolex has 3-4 doors. He plans to be managing this stoxe 100%
of the time. When he is not available, an assistant manager will be in chaxge. Mr. Ku has not yet
discussed his plans with District 8– Sutnmit Univexsity Planning Council. Mx. Ku doesn't anticipate
any pxoblems with selling malt liquox in this community. He cuxxendy has a similan c�ense in
Bxooklyn Centex and has not experience any pxoblems. Ms. Vang asked about training xegaxding
selling 3.2 beex and minars. She adds that she would like Mr. Ku to put up signs saying that only
pexsons ovex 21 yeaxs of age wexe allowed to purchase beex and that Mx. Ku would need to provide
txairung fox his staff to ensuxe that beex was not being sold to minors.
Ms. Vang xead the two letters of objection. Ms. Barbaxa Crutn, Psesident, Centxal Village
Association, pointed out that this pazticulaz store has a history of noise, paper and junk, and that on
Friday and Saturday evenings, the paxking lot is packed with people in spoxts cars fxom outside of
the neighbarhood who congxegate and leave txash which ovexflows into the community. She thinks
that adding liquar to the miY is only asking fox moxe txouble. Ms. Mai Neng Hex wxote to object
because the neighboxhood is very dangerous as it is for the childxen living nearby without adding a
place that sells tobacco and alcohol. A child care centex, head start school and a libxary axe all
neazby. She fears that the children may get haxassed by drunken people ox woxse, get hit by drunk
dxivexs. She feels that the stote will attxact many moxe alcohol addicts/abusexs and homeless
alcohol/drug abusexs.
Ms. Vang asked Mr. Zangs if he has had a chance to go out to check the axea xegaxding these
concexns. Mx. Zangs xesponded that he can speak only to the times that he has been out there to
check on hcensing issues. In genexal, the area has quite a few businesses m that pairiculax stretch:
tcvo (2) auto repair gaxages, one (1) auto sales lot, Wendy's, etc.—a fair amount of foot and vehicle
traffic. Duxing the day, he has not noticed activities that would be out of the oxchnary or unexpected
fox that axea. He teaches a class at the libxary in the evenings and he has not expexienced noise
levels unexpected fox the time penods that he was there, roughly fxom 6:00 – 8:00 p.m. He didn't
notice txash levels out of the ordinary eithex. He has not observed ovexflowing dumpsters. Ms.
Vang asked the applicant if he has any plans to place txash xeceptacles outside of his business. Mx.
Che Ku, pxopexty ownex of the Umondale Mall, stated that theze are five (5) trash xeceptacles in
front of the whole mall and at various interoals to adckess the txash blow-through from the
neighboThood. He added that a he has hired a sexvice company that has people coming m three (3)
tunes a day to pick-up trash: 7:00 am., noon, and late afremoon to help keep the parking lot and his
mall clean. Dumpstexs have lids to contain the trash and are emptied eveiy day of the week between
630 – 7:00 a.m.
Mr. Gxeg Heck, builduig and piopexty managex of 544 Univexsity Avenue, spoke in suppoxt.
Regarding the uash issue, the lot is cleaned thxee (3) tunes a day. T`hexe are plenty of trash
Sun Foods ;vtinutes 4
Septembei 3, 2009
September 17, 2009
�9 �v��
receptacles around the Mall; unfortunately, people feel as though they don't need to use them.
Regazding the noise fxom cars in the lot-- they don't show up until the mall is closed, 9 ox 10 pm.
Ms. Vang asked Mx. Che Ku how he intends to assure the City that no one uses the� pazking lot
afrex the Mall's business houzs aze closed. 1VIr. Ku xesponded that they will post signs; tivrty (30) no
loitering signs have been osdered and will be placed along the outside wall, posted on signpost
within the paTking lot and posted on signpost neaz the front of the parking lot. Mx. Heck interjected
that they wexe not aware of the cars congregating in the paxking lot until two (2) or thxee (3) weeks
ago.
Ms. Vexa Ashley, Combined Oxganizer on hiatus fxom Minnesota ACORN, spoke in support She
has been oxganizing in this community fox a very long time and has worked with distsict councils in
the axea, the Auroxa/St. Anthony Neighborhood Development Cozpocarion on issues related to
noise, trash and aftex-houxs acrivities for the location. Ms. Ashely stated that they just started to
woxk on that pxoblem of noise and cars parking in the lot afrex hours. She warked with Mx. Ku to
put up th�ty (30) no loitering signs which have been oxdexed and ase going to be posted. In
addition, to bettex contxol speeding in the p�king lot, Mr. Ku has also posted tcvo stop signs at the
intexsecrion of the paxking lot. She has spoken with Commandex Colleen Luna about enfoTCement.
Thexe have been many changes made within the mall within the last three (3) weeks. Panhandling,
peddling and open dxinking doem't e�cist thexe anymore. Thexe have been seveial arrests made fox
txespassing. Ms. Ashley has asked the police squads to patxol more fxequendy at the Mall, espectally
the paxking lot on Friday and Satarday nights. Once people start getring tickets or tsespassing
oxdexs, they will stop comuig. Ms. Vang asked Ms. Ashley if she has had a chance to intzoduce Mx.
Leng Ku and Mr. Che Ku to District 7 and District 8. Ms. Ashley xesponded that she has and that
she has also intcoduced them to Acooa Lee and Melvin Cartex. The applicant has not, howevex,
pxesented the� plan of Sun Foods to the distxict council. Ms. Vang believes that what they'xe
starting to do is a good staxt but encouxaged Mx. Che Ku and Ms Ashley to put a plan of action
together to bettex handle the increase in noise if the signs do not pan out Ms. Ashley xesponded
that they also have considexed putting in chains acxoss the paxking lot if the "no loitering" signs do
not woxk out but xeiterated that she hopes that the "no loitering" signs will be successful. She also
enco�aged them to consider putting in moxe landscaping which may help with nnpxoving the
pxoperty. Ms. Ashley noted that Che did cut back the tree bxanches and would like to put a fxesh
coat of patnt onto the building before wintex to brighten it up. Ms. Vang stated that she would like
to see this business survive and encoueage them to continue woxking on addressing noise, trash and
late night deterrent efforts.
Ms. Vang asked Mx. Che Ku how many businesses weTe cuxrently located in the Mall. Mx. Ku
xesponded that there are seven (7). Theu ho�s are similax: open between 8 and 9 a.m.; close
axound 8 pm., except fox Hook and Fish which open until 11 p.m. Ms. Ashley noted that Hook
and Fish pxovides its ocvn security. Ms. Vang asked if thexe wexe security cameras at the bwldmg.
Mx. Che Ku xesponded that thexe axe about thirty (30) camexas. Mx. Leng Ku stated that thexe are
also security cameras inside of Sun Foods. Ms. Vang asked if Che had woxked with the police
department to get the� advice about whexe to locate the security camexas. Mx. Che Ku xeplied that
he did not work with the police depaxtment about locating the camexas. Ms. Vang encouxaged him
to check with SPPD. Mx. Heck inte�jected that Sun Foods woxked with DSI in placing the� security
cameras inside the grocery.
Sun Foods tVi�inutes 5
Septembei 3, 2009
Septembez 17, 2009
�9-/U7�
Ms. Vang will recommend approval of the xequested license with the following condidons:
1. 3.2 Bees and beer psoducts cannot be sold by the individual bottle ox can.
2. The sale of 40 ounce bottles and/ox cans of beex are not pemutted. The sale of beer in
containets of this or siznilar sizes is considexed to be the sale of beer by the indroidual botde
or can.
3. The sale of wine and/or stcong beer is not permitted with a Malt Off-Sale license.
4. This license does not authorize the sale and/ox consumption of alcohol in the xestausant noT
does it authorize the consumption of alcohol an}�vhere on the licensed pxemises.
5. A ma�mum of twelve (12) seats is permitted in the xestauxant under flus license.
6. Licensee shall provide txauung to staff on laws pxohibiting sale of alcohol to minoxs (pexsons
under 21 yeaxs of age).
7. Licensee shall post signs in the store indicating that store staff will check IDs and that no
alcohol or tobacco products will be sold to minozs.
Ms. Vang stated that afrer she has xeceived the signed Condiuons' Affidavit, she will prepare a
xesolution for the City Council, which will appeax undez the Consent Agenda (within the next thxee
(3) to foux (4) weeks).
Fox the record, Mx. Zangs stated that the Building Inspections need to be finahzed, as well.
The hearing was adjourned at 11:39 a.m.
(Note: The signed conditions' affidavit was xeceived on September 25, 2009.)
Following the hearing of Septembex 17, 2009, an agseement was stxuck between Mx. Ku and the
Saint Paul Police Depaxtment to address loitering and stseet xacexs in the pasking lot of the mall,
xesulting in an additional condition placed on this license application.
(r� modified signed condition's affidavit was xeceived on January 8, 2010.)
Sun Foods :ldinutes 6
Septembes 3, 2009
Septembex 17, 2009
� � ���
� LICEI�SSE HEARING MINUTES
Sun Foods at 544 Univeisity Avenue West
Thuxsday, September 3, 2009, 10:00 a.m.
330 City Hall, 15 Kellogg Boulevaxd West
•� Nhia Vang, Deputy Legis]ative Heanng Officer
The hearing wa�called to ordex at 10:08 a.m.
Staff Present: Lairy� angs, Department of Safety and Inspecrions (DSI); and Jean Birkholz, Council
Reseatch �
�
Others Present: Leng K�, business owner; Che Ku, Uniondale Mall properry owner; Gregory Heck,
Hamngton Langer & Associates; and Vera Ashley, MN ACORN
Sun Foods: Request to add a`Malt Off-Sale license to the e�sting licenses fox Retail Food (F) - Grocery
10,000 sq. ft., Retail Food Butchex Facility, Restauxant (1) – No Seats and Cigaxette/Tobacco
Ms. Vang stated that this is an infoxtra�l legislative hearing for a license application. This is a Class N
notification wluch means that the neighbc�,xhood gets norified and has a chance to voice its concerns. If
anyone has a concern, it automatically txiggers a hearing. Othex Class N Licenses include: baTS, entertamment,
auto sales, auto xepair, etc.—ttungs that have ariti�iunediate unpact on the� neighboxs. The City received two
(2) letters of concexn regaxding the issuance of tht'`s.,license. Ultimately, there are three (3) possible outcomes
from this heaxing: 1) Ms. Vang can recommend to �e City Council that they issue thts license without any
conditions; 2) she can xecommend to the City Council th''at they issue this license with agreed upon conditions;
ox 3) she can xecommend to the City Council that they rio� issue this license but xefer it to an adininistxarive
law judge for a furthex hearing and findings. Ms. Vang w`ill make hex recommendation m the form of a
xesolurion that will go befoxe the City Council fox their appxov'al. It will appear on the Consent Agenda at a
City Council meeting. ,
Ms. Vang will begin with a staff repoxt. Staff will be asked to explaui -.theix review of the applicatton and will
also explain theic xecommendation. Then, she will ask the apphcant to t lk about the business plan. Next, she
will hear from people who axe here in support of the issuance of the license,and those with concexns about the
issuance of the license and, she will xeview the lettexs j emails that wexe sent�i�garding this applicatton.
Mr. Lany Zangs, DSI, reparted that staff has reviewed the application; it mee't's all of the requixements for
these types of licenses. DSI had xecommended it fox appxoval with the following co�ditions:
1. 3.2 Beer and beeT products cannot be sold by the individual bottle oi can. �'+,
2. The sale of 40 ounce bottles and/or cans of beex are not pexmitted. The sale`�f beex in containers
of this ox similax sizes is considered to be the sale of beex by the individual bottl�`e.,or can.
3. The sale of wine and/oT stxong beer is not perxnitted with a Malt Off-Sale Licensei,
Staff will also need to schedule a meeting with the applicant to go over the particulars of the rules�of when 3.2
can be sold. `\
Mx. Zangs also informed the heaxing that it was bxought to his attention yestexday by Dave Tank, Bt�lduig
Inspectox and Peggy Schlicte, Fire Inspector, thai they had obseroed some woxk that had been done fox w�ich
the applicant did not have pexmits. A new seating area had been exected in the deli so a diffexent xestauraat
license needs to be secuxed. Cuexently, they have a Restaurant (1) with no seats. They will need to apply foT a
Restaurant (3) – 13-50 seats. (Thexe is also a Resta�ixant (2) – 1-12 seats.) In addition to that, thexe is a new
jewelry stoxe. Thexe are new walls, dooxs, plumbing, electsical, etc. Thexe may be some issues with e�ting
because a wall sepaxating the e�t from the back stoxage room has been removed. No plans have been
Oc1- \O �
subinitted. The inspectox has asked to apply double fees on these pernuts that the applicant failed to obtain
befose�the work had been started. So, at this time, DSI staff is asking fox a Layovex of this decision until such
time tha�,plans aze zeceived by DSI and the building is bzought back into compliance. Ms. Vang asked if this
meant thatl7SI might come back with additional recommended condirions fos this license. Mr. Zangs replied
that was quit� pxobable.
.�
Mr. Che Ku (property owner), speaking for his brothex, Mx. Leng Ku (Sun Foods business owner), stated that
he helps his brothet, Leng, manage the business on a da5� to day basis. He is not a co-ownex of the gxocery
stose business.
Vexa Ashley, ACORN (cur{ently on kuatus), stated that she is hexe in support of the applicants. She is in the
commuruty every day working on neighboxhood issues. One concem that she has is that both Leng and Che
were unaware that they needed.pernuts. The contsactox told them that they didn't need them. She believes
there was a misunderstanduig between Leng and Che and the contsactox. She knows that they will comply
with all of the rules and do what the community expects. She also confixmed that the restaurant has tcvelve
(12) seats.
�
Ms. Vang asked Che to translate to Leng'�o walk her fl�ough his business plan. She undexstands that Mx.
Leng Ku cuxxendy has a xetazl grocery busine�s with a butcher and cigarette/tobacco licenses, and would like
to bettex understand why he would like to add�a malt off-sale license. Today, she heard fxom staff and fxom
Ms Ashley that Mr. Leng Ku also has a xesta�ant`�vith twelve (12) seats. She xeiterated that Mr. Leng Ku will
need to woxk with DSI to obtain the necessary p�exmits. Mx. Che Ku, speaking on his bxothex's behalf,
responded that they spoke to the contractor who told t�em that he will apply fox the necessaxy pernzits today.
Mx. Zangs stated that staff has no objecuon to considering the license going forcvard; however, at this time he
is asking for the applicant to submit the specific plans so that'staff understands exacdy what is going on in that
space / what is being pxoposed. He plans to inspect the space next week, perhaps �uith the building inspectox.
When a use changes and there's any kind of construction work done, the owner of the business must be awaxe
of the need for pernuts. The contractox is usually awaxe of the necessaxy xequixed pernvts.
Ms. Vang stated that since there axe so many unanswexed quesrions today, this matteT will be laid over to 10:00
a.m., Thursday, September 17, 2009.
The heaxing was adjouxned at 1029 a.m.
/�ab
LAID OVER MEETING (Sep 17, 2009) MINTUES BEGIN ON NEXT PAGE.
2
C�- �G��1 �
LICENSE HEr1RING MINUTES
Sun Foods at 544 University Avenue West
Thursday, Septembex 17, 2009, 10:00 a.m. (Lay Over from Sep 3, 2009)
330 City Hall, 15 Kellogg Boulecatd West
Nhia Vang, Deputy Legislative Hea�g Officer
The hearing was, called to order at 10:43 a.m. (waiting for interpretex)
Staff Piesent: Larry Zangs, Department of Safety and Inspections (DSI); and Jean Birkholz, Council
Reseatch
Others Present: Leng�Ku, business owner; Che Ku, Umondale Mall property owner; Gregory Heck,
Hamngton Langei & Associates; and Vera Ashley, MN ACORN; Cambodian interpreter, Sun Tin
Sun Foods: Request to add a Malt Off-Sale license to the e�cisting licenses fox Retail Food (F� - Grocery
10,000 sq. ft, Retail Food ButcheT — Secondary Facility, Restaurant (2)-1-12 Seats and Cigarette/Tobacco
Ms. Vang thanked everyone for being patient this morning.
Ms. Vang explained that tlus is a continuing hearing fxom Thursday, September 3, 2009. At that time, thexe
wexe several outstanding issues and DSI xequested that the heaxing be lazd ovex to addxess the following:
1) the carxect restaurant license,
2) butlding constxucuon,
3) exit plan, and
4) site/floor plan.
Ms. Vang xeitexated today's process.
Mr. Larry Zangs, DSI, pxovided the staff xepoxt. He stated that all pexmits have been obtained in ordex to
make the modificarions to accommodate the xestautant. Most of'the mechanical pextsuts have been signed off.
The building inspector needs to do the final walk-through and the fire inspectox is possibly out thexe today
doing theix final inspection. Mr. Zangs is not anticipating any pTOblems with the fmal inspections. Mx. Zangs
said that thexe is plenty of paxking available; it complies with the Zonirig Code.
DSI recommends approval of the license with the following conditions:
1. 3.2 Beer and beer products cannot be sold by the individual botfle ox can.
2. The sale of 40 ounce bottles and/ox cans of beeT are not pemutted. The sale of beex in containers
of this ox similar sizes is considexed to be the sale of beer by the individual botde oT can.
3. The sale of wine and/ox stxong beex is not pernutted with a Malt Off''Sale license.
4. This license does not authoxize the sale and/or consutnpdon of alcohal in the xestaurant nor does
it authoxize the consumpuon of alcohol anywhexe on the licensed pxemises.
5. A maxixnum of twelve (12) seats is pexmitted m the restaucant under this license.
Ms. Vang asked the applicant, Mr. Leng Ku, quesrions to which he pxovided answexs with the assistance of an
interpxetes. He has opexated this type of busmess without a sesta�ant fox a yeax in Bsoaklyn Centex and he
continues to opexate it. The 544 Univexsity Avenue West site is lus second business. He eriiploys twenry (20)
people at this site, five (5) of which ace far the xestauxant. The houxs of opexation foi the gxocery store axe
fzom 8:00 a.m. to 8:00 p.m.; fox the resta�ant, they aTe from 8;00 a.m. to 6:00 p.m. ox 7:00 p.m. The
neighboxhood in Saint Paul is similax to the one in Bsooklyn Centex. The grocery stoxe sells everything as a
xegLilax gxocery stoxe. The 3.2 beex will be located in fxont of the cashiex. The coolex has 3-4 doars. He plans
to be managing this stoxe 100% of the time. When he is not available, an assistant managex will be in chaxge.
i'
�c1 \�-( �
�Mx. Ku has not yet discussed his plans with District 8– Suinuiit University Planning Council. Mr. Ku doesn't
ttcipate any problems with selling malt liquos in this community. He cuxxently has a similar license in
Bro �klyn Center and has not experience any problems. Ms. Vang asked about training regazdmg selling 3.2
beer an� muiors. She adds that she would like ivSr. Ku to put up signs saying that only persons over 21 years
of age weie allowed to purchase beer and that Mr. Ku would need to provide training foT kus staff to ensure
that beer was not being sold to minors.
Ms. Vang read the two letters of objection. Ms. Baxbaxa Crum, Pxesident, Centsal Village Association, pointed
out that this particuiax stoTe has a history of noise, paper and junk, and that on Friday and Sat�day evenings,
the paxking lot is packed cvith people in sports caxs from outside of the neighbozhood who congregate and
leave teash which ovezflows into the community. She thinks that adding liquo= to the miY is only asking for
more tsouble. Ms. Mai Neng Her wrore to object because the neighboxhood is very dangerous as it is for the
chil�en hving neaxby without adding a place that sells tobacco and alcohol. A child care center, head start
school and a libiaYy aze all nearby. She feazs that the children may get hazassed by drunken people or worse,
get hit by drunk drivers. She feels,that the stoxe will amact many more alcohol addicts/abusexs and homeless
alcohol/dtug abuseTS.
Ms. Vang asked Mr. Zangs if he has had.a chance to go out to check the axea xegarding these concems. Mr.
Zangs responded that he can speak only to the times that he has been out theie to check on licensing issues.
In genexal, the axea has quite a few businesses in that paxticular stxetch: two (2) auto repa� garages, one (1)
auto sales lot, Wendy's, etc.—a faix amount of foot and vehicle tsaffic. During the day, he has not noticed
activiries that would be out of the ordinary ox usiexpected fox that aTea. He teaches a class at the library in the
evenings and he has not experienced noise levels unexpected for the time petiods that he was thexe, roughly
from 6:00 – 8:00 p.m. He didn't notice txash levels out of the ordinary eithex. He has not observed
overflowing dumpstexs. Ms. Vang asked the applicant if he has any plans to place txash ieceptacles outside of
his business. Mx. Che Ku, pxopexty owner of the U.niondale Mall, stated that there aze five (5) trash
receptacles in front of the whole mall and at various intervals to addxess the tsash blow-thxough from the
neighbothood. He added that a he has hired a seroice company that has people comuig in thxee (3) times a
day to pick-up uash: 7:00 a.m., noon, and late aftexnoon to help keep the paTkuig lot and his mall clean.
Dumpstexs have hds to contain the trash and ase emptied eveiy day of the week between 630 – 7:00 a.m.
Mx. Gxeg Heck, building and pxoperty managex of 544 Univexsity �yenue, spoke in suppoxt. Regazding the
uash issue, the lot is cleaned thtee (3) times a day. Thexe axe plenty of ixash xeceptacles around the Mall;
unfartunately, people feel as though they don't need to use them. Regakding the noise fxom caxs in the lot--
they don't show up until the mall is closed, 9 ox 10 pm.
Ms. Vang asked Mr. Che Ku how he intends to assure the Ciry that no one :uses theu patking lot after the
Mall's business houxs axe closed. Mr. Ku responded that they will post signs; thirty (30) no loitering signs have
been oxdeied and will be placed along the outside wall, posted on signpost within, the paxking lot and posted
on signpost near the fxont of the paxking lot Mx. Heck inter�ected that they wexe not awaxe of the caxs
congregai7ng in the parking lot until two (2) or three (3) weeks ago.
°�
Ms. Vexa Ashley, Combined Oxganizex on hiatus fxom Minnesota ACORN, spoke in suj'rp,oxt. She has been
oxganizing in this community fox a very long time and has woxked with district council� in the axea, the
A�oxa/St. Anthony Neighborhood Development Coipoxation on issues xelated io noise, �ash and after-
houxs acuvities for the location. Ms. Ashely stated that they just started to woxk on that pxoblerri.�of noise and
cars pasking in the lot after hours. She worked with Ms. Ku to put up thixty (30) no loitering signs�which have
been ordeied and are going to be posted. In addirion, to better conteol speeding in the paxking lot, Mr. Ku has
also posted two stop signs at the intexsection of the paiking lot She has spoken cvith Commander Colleen
Luna about enfoxcement. There have been many changes made within the mall withm the last thcee (3) weeks.
�
�1-�c��
\ ��Panhandling, peddling and open dxinking doesn't e�st thexe anymore. There have been several anests made
fot txespassmg. Ms. Ashley has asked the police squads to pateol more frequendy at the Mall, especially the
pazking lot on Friday and Saturday nights. Once people start getting tickets ox uespassing orders, they will
stop cohiing. Ms. Vang asked Ms. Ashley if she has had a chance to mtxoduce Mi. Leng Ku and Mr. Che Ku
to Distric� 7 and District 8. Ms. Ashley responded that she has and that she has also intxoduced them to
Acooa Lee and Melvin Carter. The applicant has not, however, presented theix plan of Sun Foods to the
district council: 1�1s. Vang believes thai what they'se stazting to do is a good start but encouxaged Mr. Che Ku
and 1�Is Ashley to put a plan of action together to betteT handle the incxease in noise if the signs do not pan
out Ms. Ashley responded that they also have considered putting in chains across the parking lot if the no
loitering signs do not a%ork out but xeiterated that she hopes that the no loitering signs will be successful. She
also encouraged them to considex putting in mote landscaping which may help with itnpxovuig the pxoperty.
Ms. Ashley noted [hat Che did cut back the txee branches and would ]ike to put a fxesh coat of paint onto the
builcling before wintex to brighten it up. Ms. Vang stated rhat she would like to see this business survive and
encoucage them to continue woxking on adc�essing noise, �ash and late night detesxent efforts.
Ms. Vang asked Mr. Che Ku how man'y,businesses wexe currendy located in the Mall. Mx. Ku responded that
thexe axe seven (7). T`heu hours are snnilar: open between 8 and 9 a.m.; close axound 8 p.m., except for Hook
and Fish which open until 11 p.m. Ms. Asli4ey noted that Hook and Fish pxovides its own security. Ms. Vang
asked if thexe wexe sec�ity camexas at the biiilding. Mi. Che Ku xesponded that thexe are about thirty (30)
camexas. Mx. Leng Ku stated that theTe axe also�security cameras inside of Sun Foods. Ms. Vang asked if Che
had woxked with the police depaxtment to get thei�,advice aboui where to locate the security camexas. Mx,
Che Ku replied that he did not woxk with the police depaxtment about locaring the camexas. Ms. Vang
encouraged him to check wieh SPPD. Mr. Heck intexjected that Sun Foods woxked with DSI in placing theix
secutity camexas inside the gxocery. �`,
Ms. Vang will recommend appxoval of the xequested hcense with�the following conditions:
1. 3.2 Beex and beer pxoducts cannot be sold by the individual botde ox can.
2. The sale of 40 ounce botdes and/or cans o£ beex axe not pextrixtted. The sale of beer in containexs of
this ox similax sizes is considered to be the sale of beex by the indiyidual botde ox can.
3. The sale of wine and/ox stsong beex is not pextrutted with a Malt Off-Sale license.
4. This license does not authorize the sale and/or consumpdon of alcohol in the sestaurant nox does it
authoxize the consumprion of alcohol anywhese on the licensed pxemises.
5. A maxixnum of twelve (12) seats is permitted in the restauxant undex this license.
6. Licensee shall pxovide txaining to staff on laws psohibittng sale of alcohol to minoxs (pessons undes 21
years of age).
7. Licensee shall post signs in the store indicating that stoxe staff will check IDs and that no alcohol or
tobacco products will be sold to muiors.
Ms. Vang stated that aftex she has received the signed Condiuons' Affidavit, she will pxepaxe a xesolurion fox
the City Council, which unll appeax undex the Consent Agenda (within the next thxee (3) to four (4) weeks).
Fox the iecoxd, Mr. Zangs stated that the Buildu7g Inspections need to be finalized, as well.
The hearing was adjourned at 11:39 a.m.
(Note: The Signed Condiuons' Affidavit was xeceived Septembex 25, 2009.)
5
Council File # C:�i
Green Sheet # 3 O� 2j�
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
1 WHEREAS, the De ury Legislative Hearing Officer recommends that the apphcation to add a Malt Off-Sale
2 license to the e�sting enses for Retail Food (F) — Gzocery ovex 10,000 sq. ft., Retail Food Butcher —
3 Secondary Facility, Resta nt (2) — 1-12 Seats and Cigarette/Tobacco foi Sun Foods II Inc, doing busmess
4 as Sun Foods (I.D. #2009 0399), 544 University Avenue West, be approved with the following
5 condidons:
6
7 1. 3.2 Beer and beer psoducts ca not be sold by the mdividual botde oT can.
8 2. The sale of 40 ounce botdes an ox cans of beeT �e not pexmitted. The sale of beex in containers of
9 this ox sitnilar sizes is considered t be the sale of beex by the individual botde or can.
10 3. The sale of wine and/ot stxong beer not pexmitted with a Malt Off-Sale license.
11 4. This license does not authorize the sa and/ox consumption of alcohol in the Testauxant nox does it
12 authonze the consuxnption of alcohol an hexe on the hcensed pxemises.
13 5. A ma�mum of twelve (12) seats is pemvtte in the sestauxant undex this license.
14 6. Licensee shall pxovide txauung to staff on law xohibiting sale of alcohol to minors (persons undex 21
15 yeaxs of age).
16 7. Licensee shall post signs in the stoxe indicating th t store staff will check IDs and that no alcohol ox
17 tobacco products will be sold to minors.
18
19 THEREFORE, BE IT RESOLVED that the Council of the
20 application with the afoxementioned agreed-upon conditions.
21
22
23
24
of Saint Paul hereby approves this license
Yeas Na s Absent
Bostrom
Carter
Harris
Helgen
Lantry
Stazk
Thune
Requested by
�
Form Approved by City Attorney
�
Adopted by Council: Date
Adoption Certified by Council Secretary
By:
Form Approved by Mayor for Submission to
By:
Approved by Mayor: Date
B
25