09-1272Council File # Qq_ �,�-"]�
Green Sheet #3D3'�5.3ro
Presented by
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1 WHEREAS, the Legislative Hearing Officer recommends that the application to (I.D. 20090003290) Add
2 a Wine On-Sale and Malt On-Sale (Strong) license for Geordies LLC, doing business as Geordies 454,
3 454 Snelling Avenue South, be approved with the following conditions:
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Per City of Saint Paul Legislative Code 409.15(a)(2), On-sale wine license shall mean a license
authorizing the sale of wine not exceeding fourteen (14) percent alcohol by volume for
consumption on the license premises only in conjunction with the sale and service of food.
Per City of Saint Paul Legislative Code 409.15(d), licensee must be able to show that gross
receipts are at least sixty (60) percent attributable to the sale of food.
Licensee wil] submit to the Department of Safety and Inspection (DSI) annual gross receipts for
food and liquor for each year the license is renewed.
No liquor sales and/or service are allowed on the outdoor patio area without prior written
approval and additional licensing from DSI.
The establishment shall close by no later Yhan 10:00 p.m. every night of the week (i.e.,
discontinue the sale/service of food, beverages, etc.), and the licensee shall ensure that all
customers and/or patrons have completely vacated the premises (both inside and outside the
establishment) by 11:00 p.m. ,
19 THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license
20 application with the aforementioned agreed-upon conditions.
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Yeas Nays Absent
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Adopted by Council: Date `��/�/�/�l�
Adoption Certified by Coundl Secretary
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Approved yo Date � � ?�v'
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Requested by Department of:
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Form Approved by City Attorney
By:
Form Approved by Mayor for Submission to Council
By:
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Contact Person & Phone:
Marcia Moertnond
266-8570
Must Be on Council Agenda by (Date):
11-NOV-09
Doc. Type: RESOLUTION
E-Document Required: Y
Document Contact: �ean Birkholz
Con[act Phone: 266-8673
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Action Requested:
Approving the ]icense application with conditions, per the Legislafive Hearing Officer, for a Wine On-Sale and Malt On-Sale
license for Geordies LLC, doing business as Geordies 454, 454 Snelling Avenue South.
Recommendations: Approve (A) or Rejecl (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contracts Must Answer the Following Questions:
1. Has this person/firm ever worked under a coniract for this depariment?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does ihis person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages If Approvetl:
Disadvantages If Approved:
Disadvantages If Not Approved:
Total Amount of
TransaMion:
Funding Source:
Financial Information:
iExplain)
Cost/Revenue Budgeted:
Activity Number.
November 6, 2009 9:49 AM Page 1
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'F'hursday, Ocfober 29; 2f>09, 2:00 p.m. - _ -- -
330 City Hall, 15 Kellogg Boulevard West
Mazcia Moermond, Legislative Hearing Officer
The hearing was called to order at 2:03 p.m.
Staff Present: Kristina Schweinler, Department of Safety and Inspections (DSI); and Jean
Birkholz, Council Research
Others Present: Debora Blair, business owner; Kyle Rosenwak, executive chef; Kelly Sofio,
neighbor; and Afton Martens, Macalester Groveland Community Council
Geordies 454: Add a Wine On Sale and Malt On Sale license to the existing Restaurant (3) - 13-50
Seats license
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 is notified and people have a chance to voice
their concerns. If any one has a concern, it automatically triggers a hearing. Other Class N Licenses
include: bars, tattoo parlors, auto sales, auto repair, etc.—things that have an immediate impact on their
neighbors. The City received two (2) letter(s) of concern regarding the issuance of this license.
Ultimately, there are three (3) possible outcomes from this hearing: 1) Ms. Moermond can recommend
to the City Council that they issue this license without any conditions; 2) she can recommend to the Ciry
Council that they issue this license with agreed upon conditions; or 3) she can 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. The City Council is the final authority on whether or not the license is approved or denied.
Ms. Moermond will begin by asking staff to present their report and explain their recommendation.
Next, she will ask the applicant to talk about the business plan. Then, if there is anyone in attendance,
she will invite them to speak. She will also read the letters and emails that have been received.
Ms. Schweinler, Department of Safety and Inspections, reported that DSI recommends approval with the
following conditions which the applicant has already signed-off on:
1. Per City of Saint Paul Legislative Code 40915(a)(2}, On-sale wine license shall mean a
license authorizing the sale of wine not exceeding fourteen (14) percent alcohol by
volume for consumption on the license premises only in conjunction with the sale and
service of food.
2. Per City of Saint Paul Legislative Code 40915(d), licensee must be able to show that
gross receipts are at least sixty (60) percent amibutable to the sale of food.
3. Licensee will submit to the Department of Safety and Inspection (DSI) annual gross
receipts for food and liquor for each year the license is renewed.
4. No liquor sales and/or service is allowed on the outdoor patio area without prior written
approval and additional licensing from DSI.
Regarding inspections, Building was not applicable; Environmental Health has approved; Licensing has
approved; and Zoning has approved.
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Ms. Blair testified that this business had been Blondie's Cafe which started about five (5) years ago.
She purchased it on August 10 2009 from the previous owner, who was largely an absentee owner. Her
plan is to change it from a coffee shop/cafe into a small, cozy neighborhood bistro. They have been
doing a lot of renovating for the past two (2) months. Historically, the cafe served coffee, soup,
sandwiches, etc. Recently, they have expanded to have dinner hours; they are now open from 8:00 a.m.
to 8:00 p.m., seven (7) days a week. Their plan is to extend that to a 10:00 p.m. close time in the future.
The focus at Geordies is the food (menu was provided). There are no burgers and fries. Since she has
started to serve dinner, 75-80 percent of the customers ask if they offer wine. Some will leave when
they realize wine isn't on the menu. She thinks that having adult beverages, very limited in scope, will
make the difference in the success or failure of the bistro. Their plans aze to have a very limited
beverage offering; there is not a lot of space for storage. There aze thirty (30) chairs for diners; sofas
and soft chairs, as well. The lounge area is 283 square feet; the dining area is 430 square feet. Geordies
has no interest in being a bar of any kind; iY s all about the food, focusing on fresh, high quality
ingredients, locally sourced and organic, if possible. There are no plans for entertainment of any kind.
Currently, the staff consists of one (1) full time and five (5) part time people. There are twenty-two (22)
parking spots in the parking lot, along the front of the building, the side of the building and in the rear of
the building. They do not think that pazking will be any issue. All twenty-two (22) parking spots are
designated to Geordies except for one (1), which is for the small insurance office that closes at 6:00 p.m.
and is not open on weekends.
Ms. Kelly Sofio, neighbor, provided testimony. She and her family have lived right across the street
from Geordies since 2001; she has three (3) children. This is the Snelling-Randolph corner; there's a
Plum's, a Goby's, Geordies and Walgreens. When Blondie's was in Geordies' space, they had very
limited hours, which was great. The parking lot is constantly full and customers park in front of her
house on James Avenue. In her opinion, there is a parking issue. Her research on liquor licenses in
Saint Paul didn't reveal any restrictions on the number of liquor licenses within a certain number of feet.
She hopes that the City and City Council look at the impact that many liquor licenses can have on a
neighborhood. Whether or not a business is going to succeed or fail should have nothing to do it. It
should have everything to do with what's going to happen to the family that lives right next door or the
family that lives across the street. She stated that she didn't know a full denial couldn't be granted today
or that the Mac-Groveland Council had approved this request. She and her family would like this
request denied; they have two (2) bars within 100 feet and it's too much. Since 2001, her family has
lived with: 1) daily public urination; 2) human defecation and vomit in the alley; 3) empty beer bottles;
4) beer bottles thrown over the Walgreens' fence and smashed on her roof; 5) cigarette butts and
wrappers; 6) chew spit; 7) flowers stolen out of her yard; 8) damaged landscaping; and 9) used condoms
between the houses. She has spoken with the bar owners about these behaviors and for a little while,
things are better but not for long. The owners of the bars go home to their homes out of the
neighborhood and they don't caze what their customers have done; the neighborhood is left to deal with
it and iYs unlivable for many of the neighbors. A third alcohol selling place added to this is only going
to make matters worse. These businesses are in a neighborhood surrounded by homes occupied by
families, retired people and students. Are these houses, just because they're close to Snelling, not
deserving of having decent living conditions? Ms. Sofio said that she can't imagine having another
liquor license on that part of Snelling Avenue.
Ms. Moermond said that she wanted to note the distinction between a liquor license and a wine and beer
license. Ms. Schweinler explained that there is a clear distinction between on-sale liquor and on-sate
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liqaor liceases avai�able to it. Goby's and �'ltun's have fitll tiquor licenses. On sale wi�anc� beer -
licenses mean that wine and beer are menu items only; they can be served only in conjunction with a
meal. Someone can't come in and only drink wine/beer. Wazd 3 is currently at its limit of full liquor
licenses available. There is no limit on the number of on-sale wine and beer licenses.
Ms. Moermond asked Ms. Schweinler how DSI handles complaints, i.e., urination at 2:00 a.m. or vomit
in the alley, property damage that occurred from patrons, eta Ms. Schweinler responded that DSI
encourages neighbors to call the police when they see things happen so that the incident can be
documented. Neighbors aze also encouraged to call 651-266-8989, the complaint line, after they call the
police, to document. Ms. Schweinler also provided her line number, 651-266-9110. The collective
documentation establishes a record, eventually, that would help to document what's going on for an
adverse action against a license, which could ultimately lead to its revocation. All documentation is also
taken into account when they apply for other licenses. Ms. Moermond stated that according to the
documentation she has in front of her (a history of complaints and a history of police calls related to this
business), there isn't anything; it's a clean record. Goby's and Plum's probably don't have a clean
record. Ms. Moermond encouraged Ms. Sofio to work with the district council and other neighbors to
call in complaints.
Ms. Afton Martens, Macalester-Groveland Community Council, addressed the hearing. Ms. Martens
asked Ms. Sofio if she had received a flyer for their public meeting at which they discussed this license
request. Ms. Sofio replied that she had not. Ms. Martens went on to explain how the meeting is
conducted. The committee then submits its recommendation to the City. The district council approves
the license contingent upon a 10:00 p.m. closing time.
For problems with a business, Ms. Schweinler suggested that the district council request a meeting
through DSI with the neighbors, police department, azea businesses and the license holder/s to put the
complaints on the table and hy to come up with solutions.
Ms. Schweinler asked Ms. Blair if her pazking lot was posted. Ms. Blair responded that there are signs
that say, "Cafe Parking Only — Cars will be Towed." Ms. Schweinler suggested that Ms. Blair contact a
licensed towing company that can impound cars.
Ms. Moermond stated that nothing can be done about on the street parking. Realistically, the zoning
cannot be changed, not easily anyway; iYs been zoned commercial for a very long time. Regarding
bottles as trash, they usually come not from the bazs but from people's cars.
Ms. Moermond asked Ms. Blair the hours of operation. Ms. Blair replied that they are open from 8:00
a.m. to 8:00 p.m. seven (7) days a week. They plan to change the hours to 8:00 a.m. to 10:00 pm. They
plan no further changes to the business.
Ms. Moermond recommended approval with the following conditions:
1. Per City of Saint Paul Legislative Code 409.15(a)(2), On-sale wine license shall mean a
license authorizing the sale of wine not exceeding fourteen (14) percent alcohol by volume
for consumprion on the license premises only in conjunction with the sale and service of
food.
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— 3. F,iceasee will su�rrtit to the �epartment of Safety and �nspection (DSF) annval receipts -
for food and liquor for each year the license is renewed.
4. No liquor sales and(or service is allowed on the outdoor patio area without prior written
approval and additional licensing from DSI.
5. The establishment shall close by no later than 10:00 p.m. every night of the week (i.e.,
discontinue the sale/service of food, beverages, etc.), and the licensee shall ensure that all
customers and/or patrons have completely vacated the premises (both inside and outside the
establishment) by 11:00 p.m.
Ms. Schweinler will revise the Condifions' Affidavit to include the added condition (#5).
Ms. Blair asked if a closing time variance could be obtained for New Year's Eve and Valentine's Day
when people like to dine later. Ms. Schweinler responded that it could be done as a Request for an
Extension of Hours Service. Geordies would need to notify DSI and the district council. Technically,
Geordies, as an on-sale wine and beer establishment, can stay open until 1:00 a.m. but they have a
condition that says they have to close at 10:00 p.m. (no new service after 10:00 pm.; however one may
finish the food and drink in front of tbem). A reconsiderarion of that condition would have to be in
writing. During the holiday season, liquor estabiishments and wine and beer establishments are allowed
to a holiday party extension.
The hearing was adjourned at 2:45 p.m.
Note: The Conditions' Affidavit was signed on November 3, 2009 and received in the Council Research
Office on November 4, 2009.
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