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09-1077Council File # —��� � Green Sheet #,�O k!� �5� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Presented by RESOLUTION 41NT PAUL, MINNESOTA � �- WHEREAS, the Legislative Hearing Officer recommends that the application for (I.D. #20090002244) Liquor On-Sale-100 seats or fewer, Liquor On-Sale—Sunday, Gambling Locafion, Restaurant (4�-51-150 seats licenses for BIS Liquars Inc., doing business as Nickels Sports Bar, 501 Blair Avenue, be approved with the following conditions: 1. Glass dumping will not happen before 7:00 a.m. and not after 9:00 p.m. 2. Trash around the premises will be picked up by the licensee or the employees on a daily basis. THEREFORE, BE IT RBSOLVED that the Council of the City of Saint Paul hereby approves this license application with the aforementioned agreed-upon conditions. Yeas Na s Absent Bostrom ,/ Carter Harris Helgen Lantry ,( Stark Thune � Adopted by Council: Date � Date a Requested by Department of: � Form Approved by City Attomey By: Form Approved by Mayor for Submission to Counci] By: By: 24 UG—lc��( �l � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Department/Office/Council: Date Initiated: co-�°°°��� 21 SEP2009 Green Sheet NO: 3080857 Contact Person 8 Phone: Aeoartment SentTo Person ini[iaUDate Marcia Moermond y o 000c� 0 26G8570 I onncil De artmentD'vector Ass�9n 2 'NCSerk C� Cterk Must Be on Council Agenda by (Date): Number � 07-0CT-09 For 3 Routing 4 � poc.Type:RESOLUTION Order 5 0 E-Document Required: Y DowmentContact: �ean6irkholz Contact Phone: 266-8673 Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approving [he license application with condi[ions, per the Legislative Heariing Office, for Liquor On-Sale--100 seats of fewer, Liquor On-Sale--Sunday, Gambling Location, Restauran[ (4)-51-I50 seats Licenses for BIS Liquors Inc., doing business as Nickels Sports Baz, 501 Blair Avenue. Recommendations� Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Gommission 1 Has this person/fi�m ever worked unde� a contract for this depaAment? 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 nprmally possessed by any current city employee? Yes No Explain ail yes answers on separote sheet and attach to green sheet. inftiating Problem, lssues, Opportunity (Who, What, When, Where, Why): Advantages If Appfoved: Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of Transaction: CosURevenue Sudgetetl: Funding Source: Activity Number: Firtancial Infortnation: (F�cplain) September 21, 2009 9:59 AM Page 1 � c1-�o+l �7 LICENSE HEARING MiNUTES Nickels Sports Bar, 50� Blair Avenue Monday, August 31, zooq, io:oo a.m. 33o City Nall, i5 Keilogg Boulevard West Marcia Moermond, Legisiative Hearing Officer The hearing was called to order at io:og a.m. Sta_ff_Present Kristina Schweinler, Department of Safety and Inspections (D51); and sean BirkhoVz, Council Research Others present: Ken Brill, president Nickgls SQorts Bar. Request for Liquor On-Sale--�oo seats or fewer, Liquor On-Sale—Sunday, Gambling Location, Restaurant (4)--5i-i5o seats (Note: this is for a change in ownership of an existing location.) Ms. Moermond stated that this is an informal {egislative hearing for a license application. This is a Class N license 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: entertainment, tattoo parlors, auto repair, auto sales, etc.—things that have an immediate impact on their neighborhood. The City received twp (z) letters of concern regarding this application. Ultimately, there are three (3) possible outcomes from this hearing: �) Ms. Moermond may recommend to the City Council that they approve this license with no conditions; z) she may recommend to the City Council that they approve this license with agreed- upon conditions; or 3) she may recommend to the City Council that they not approve the requested license but refer it to an administrative iaw judge for a further hearing and findings. Ms. Moermond will make her recommendation in the form of a resolution that wiil go before the City Council for approval. it will appear on the tonsent Agenda at a tity Council meeting. 7he City Council is the finai authority on whether the license application is approved or denied. Ms. Moermond will begin with a staff report. Staff will be asked to explain their review of the application and wili also explain their recommendation. Then, she will ask the applicant to explain the business plan. Next, she will hear from people who are here in support and from those with concerns, and she will review the letter(s) that were sent regarding this request. Ms. Schweinler, DSI, stated that DSI recommends approval with no conditions. It's been inspected and approved by Environmental Health, Licensing and Zoning. A Buiiding inspection was not applicable. Regarding the District Council, there were z4 votes in support, o in opposition and i7 in abstention. The District 7 Planning Council recommends approval of all licenses with the addition of two (z) conditions: i. The licensee will meet with District 7 Planning Council six (6) months after the issuance of the license. z. The licensee shall make sure that all exterior refuse, glass and trash which are on the premises, are removed on a daily basis. Mr. Briil added that the guys who clean the bar in the morning also go out and pick up trash. Page 1 of 3 �Gt � � Ms. Moermond asked how long has there been a bar at this location. Ms. Schweinler responded that it's been there since prohibition. Ms. Moermond noted that Mr. Brili also owns the Trend Bar (since the end of July zoo7). Mr. Brill commented that the Trend has been going well. The cVientele respect the owners; there are very few problems. Mr. Bri41 and his co-owner have known the previous owner of Nickels Sports Bar for about twenty-one (n) years. Since then, they have visited the bar ofF and on throughout the years. When it came up for sale, they began to think about buying it also. Nickels already had a set clientele. There were just a few minor changes that needed to be made. They will keep the pull- tabs, meat raffles, bingo and serve mainiy beer that the local crowd enjoys. Ms. Moermond asked if there is a condition at the Trend Bar for picking-up trash around the premises. Mr. Brill replied that there was; they pick up every day. Ms. Moermond asked about parking. Mr. Brill stated that there is angle parking on the Mackubin side, room for approximately ten (io) cars. Others park along Mackubin. There are a couple of spaces on Blair in front of the building. Ms. Moermond asked about overnight parkers as indicated by the email. Mr. Brill said that the overnight parker (a red jeep) indicated in the email hadn't been one of their customers. The Heineken bottles that the homeowner (emailer) picked up in her yard were not from Nickels because Nickels doesn't sell Heineken beer. No one who comes into Nickels drives a red jeep. Sometimes cars are left there over night but they're usuaily in the angie parking or on the street right across from the bar. Ms. Moermond asked about smoking and people congregating outside. Mr. Brill responded that people usually gather right in front of the building where the cement ashtray is located. She asked if he had been thinking about opening a patio or outdoor service area. Mr. Briil said that they have thought about it for the future. Ms. Moermond asked Mr. Brill if he intended to purchase the parcel to the rear of the property for parking. Mr. Brill replied, "No." Ms. Schweinler asked when the bottie dumping is done. Mr. Brill said the bottles are taken out every morning and put into the dumpster. Mr. Briil agreed to have the cleaners dump the bottles after 7 am each morning and pick-up outside trash on a daily basis. Ms. Moermond stated that she wili find that there's no substantive change from the previous license holder to Mr. Brill's proposed use of the building and there's no change in the footprint being proposed or the parking configuration. The Trend bar speaks well of Mr. Brili's management ability in the way that the situation has turned around there. The future plans to put a patio in the back at Nickels would address some of the neighbors' concerns about smoking on the sidewalk. Ms. Moermond will recommend that the City Council grant the license with two (z) conditions: Glass dumping will not happen before 7:0o a.m. and not after 9:0o p.m. Trash around the premises wiil be picked up by the licensee or the employees on a daily basis. �G- lo�l� Ms. Schweinler will prepare a Conditions' Affidavit for Mr. Brill's signature. Then, a resolution will be submitted to the City Council for approval. The Conditions' Affidavit was signed on August 3i, zoo9. The hearing was adjourned at io:37 a.m. /jab