09-1353Council File #�
Green Sheet # 3090918
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RESOLUTION
CITY QF SAIN�,PAUL, MINNESOTA
P7esented by
f0
WHEREAS, the Deputy Legislative Hearing Officer recommends that the application (I.D.
#20090003013) to Add a Malt Off Sale license for Tong Yang, doing business as Minnehaha
Supermaret, ll87 Minnehaha Avenue East, be approved with the following conditions:
2.
3.
4.
Licensee agrees that no beer and/or malt products will be on the premises and/or offered for sale
until all necessary written approval(s) and the required license is obtained from the Department of
Safety and Inspections.
3.2 beer and beer products cannot be sold by the individual bottle or can unless packaged by the
distributer for individual sale.
The sale o�+wine and/or strong beer is not permitted with a Malt Off Sale license.
I.D.'s will be checked for all 3.2 malt and tobacco sales.
THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license
application with the aforementioned agreed-upon conditions.
Requested by Department of:
�
Form Approved by City Attorney
By:
Adoption Certified by Couy cil Secretary
BY / � /U.?��/ �.iG�r,�
Approved by May : Date 1 2% 22��f+
BY �la.�i �i'�-u-`'NP'
Form Approved by Mayor for Submission to Council
By:
Adopted by Council: Date ���/G-�o�Gi
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
i�l'��iCi�
DepartmentlO�celCouncil: Date InRia[ed:
�o-°°°°��� 08DEC2009 Green Sheet NO; 3090918
Contad Person & Phone: Oeparknent Sent To Person IniYiaUDate
Nhia Vanp o onncii [_�
266-8566 1 aoncil D arhnentDirector
�� 2 ' 'Clerk CilvAttorne
Must Be on Councii Agenda by (Date�: Number 3 0
Routing 4 ��
Doc. Type: RESOLUTfON Order 5
E-DOCUment Required: Y
Document Contact: Racquel Naylor
ConWct Pfione: 266-8573
Sotaf # of Signature Pages _(Clip AIf Locations for Signature)
Action Requested:
Approving the license application with conditions per the Depury Legislative Heariag Officer for the Malt Off Sale iicanse by Tong
Yang, doing business as Minnehaha Supezmacket, 1187 Minnehaha Avenue East.
Recommendations: Approve (A) or Reject (R): persona� Service Contracts Must Answer the Following �uestions:
Planning Commission l Has this pessonlfrrm ever worked undes a contract for this depadment?
CVB Committee Yes No
Civil Service Commission 2. Has this person�rm ever been a city empioyee?
Yes No
3. Does this person/fiim possess a skill not normaily possessed by any
current city employee?
Yes No
Exptain aii yes ansv✓ers on separote sheet and attach to green sheet.
tnitiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Ativantages If Approved:
DisadvanWges If Approved:
Disadvardages If Mot Approved:
Totaf Amount of
Transaction: CosURevenue Budgeted:
Funding Source: Activity Number:
Financial information:
(Explain)
December 8, 2009 12:40 PM Page 1
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LICENSE HEARING MINUTES
Minnehaha Supermarket, 11$7 Minnehaha Avenue East
Thursday, October 22, 2009, 10:00 a.m.
330 Ciry Ha11, 15 Kellogg Boulevard West
Nhia Vang, Deputy Legislative Heazing Officer
The hearing was called to order at 10:18 a.m.
Staff Present: Kristine Schweinler, Department of Safety and Inspections (DSI); and
Racquel Nay3or, Council Research
Others Present: Tong Yang, owner; Mee Thao, interpreter and niece; Joua Vang, previous
owner
Minnehaha Suaermarket: Add a Malt Off Sale license to the existing Retail Food (D�
Grocery 3001-6000 sq. ft. and Cigarette/Tobacco licenses.
Nhia Vang explained tbat this is an informal Legislative Hearing regarding the class N license.
The neighborhood was notified, The hearing is being held today because there were letters of a
concern. (Ms. Thao interpreted this information.)
There were faur letters of concern received regarding this license application, said Ms. Vang.
She asked if Mr. Yang received copies of these letters. He responded that he did not. (Mr, Yang
was given copies of the letters. A few minutes were taken to review the letters.)
Ms. Vang stated she will take all testimonies into the record. There aze three outcomes from
today's hearing: 1) issue the license application wiCh no conditions, 2) issue the license with
agree upon condirions from today, 3) refer the matter to an Administrative Law Judge and not
issue the license application if the group is unable to reach concensus.
(Ms. Thao interpreted this information and appeared to have problems. Ms. Vang asked if she
[Ms. Vang] could translate. Ms. Vang proceded to explain the above in Hmong.)
Ms. Vang stated that her recommendation will go to the City Council, and they are the final
authority. (Ms. Thao txanslated this to Mr. Yang, and Ms. Vang helped with the h�anslation.)
Kristine Schweinler explained that she is the senior license inspector. This license application is
for the addition of off sale malt to the grocery and cigaretteltobacco licenses, which have already
been issued because they do not require notification. The recommendatian from the Department
of Safety and Inspections (DSI) is that the license for off sale malt be approved with two
conditions:
1) 3.2 beer and beer products cannot be sold by the individual bottle or can unless packaged by
the distributer for individual sale;
2) The sale or wine andlor strong beer is not permitted with a Malt Off Sale license.
This license has been approved by Licensing and Zoning. Environmental Health and Building
were not required.
Minutes of the Legislative Hearing, Minnehaha Supermarket, 1187 Minnehaha Avenue East Page 2
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(Ms. Thao interpreted. Ms. Vang told Ms. Thao that she (Ms, Thao) was not reading the conect
one and to explain what Ms. Schweinler said as it is critical.)
Ms. Vang asked did Mr. Yang have an interpreter when he applied for the application. Mr. Yang
responded no. He met with someone in DSI.
Ms. Vang asked were the conditions acceptable to him. Mr. Yang indicated yes (through the
interpreter).
Ms. Vang asked did he understand what would happen if he did not comply. Mr. Yang
responded yes (through the interpreter).
Ms. Vang asked did Mr. Yang have any questions about this license application.
Ms. Thao asked what will happen if he does sell it and what if a customer can only afford so
mucb. Ms. Schweinler responded that this is just for 3.2 beer. It can only be sold in those
packages that the distributor sells. Por example, a six pack cannot be sold as single cans. If it is
packaged as single bottles, then they can sell it like that.
(Ms. Thao translated.)
Ms. Schweinler stated that if the conditions are violated, the first time is a fine from $500 to
$1,000; the second time is a fine and maybe a ten day suspension or the fine doubles; the third
time is a suspension, and the fourth time is a revocation of all the licenses_
(Ms. Thao translated; then, Ms. Vang translated.)
Joua Yeng Vang, 606 Jessamine Avenue, appeared and stated he is the previous owner. He
came with the new owner and to represent the liquor store. The neighbors complain. The City
Counci] does not a11ow them to sell by single bottles or single cans. Ms. Schweinler responded
that if they are packaged by the distributor to sell as single cans or bottles, then they can be sold
as single cans or bottles. If they are packaged to be sold as a six pack or case, they cannot be
split up and sold as singles.
Ms. Vang asked Ms. Thao to explain this to her uncle one more time, as it is important that he
understands this, (Ms. Thao interpreted.)
Ms. Vang asked is he agreeable to the conditions that aze being placed on the license. Mr. Yang
responded he is agreeable to it (through the intetpreter).
Ms. Vang asked the interpreter to explain the second recommended condition. (Ms. Thao
interpreted. Ms. Vang told Ms. Thao that she was explaining the wrong thing.) Mr. Yang
responded that he is agreeable and understood (though an interpreter).
Ms. Vang asked are these the normal conditions that they would put on this type of business.
Ms. Schweinler responded that they are less restrictive than what they have placed on licenses.
Minutes of the Legislative Hearing, Minnehaha Supermarket, I 187 Minnehaha Avenue East Page 3
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This is basically saying that packages cannot be split up. The second condition is more of a
restatement of state law. No distributor is going to se11 him anything but 3.2, so they would have
to buy anything else retail, which is against the law.
Ms. Vang asked her to explain this to Mr. Yang. (Ms. T`hao explained this.)
Ms. Vang looked at ttie plan where the beer would be placed. It is not in their line of vision. Ms.
5chweinler added that they have to walk past the front counter to leave.
Ms. Vang asked will beer be stored in the cooler. Ms. Thao looked at the plan. Mr. Yang
responded neaz the corner (through an interpreter).
Ms. Vang stated she is concemed about teenagers. The owner should check ID's. (Ms. Thao
translated this.)
Ms. Vang asked how many cameras he has. Joua Vang responded he has four and the tape is
stored 960 minutes.
Ms. Vang stated that the owner should pay attention and check ID's, which is what she will add
to the license. Mr. Yang responded he is okay with this (through an interpreter).
Ms. Vang asked are their liquor stores in the area ar a place that sells wine. Ms. Schweinler
responded no.
In answer to several questions, Ms. Schweinler responded that parking is not an issue because
there is plenty of parking. She has been there on numerous occasions. This is a residential
neighborhood. There are trash cans in the front of the store, and she cannot say that she has seen
trash be an issue. It may be further down the street as people get rid of their candies.
In answer to several questions about the uash in the back is contained, Mr. Yang responded the
lid is locked, and there is a recycling bin.
Ms. Vang stated she might recommend that they install a fence to make sure the trash is
contained. Ms. Schweinler responded that people will then lean trash against [he fence.
Ms. Vang asked does he own the property or is he renting. Ms. Schweinler responded it is a
contract for deed, which is another form of purchasing the property. The property owner is the
lender and payments are made to the seller. Once a contract for deed is filed with the county, it
is basically the same thing as a sell.
Ms. Thao asked the process for the hearing. Ms. Vang responded that this issue will go to the
City Council, and they will make the decision.
Mr. Yang stated that there is a chance he will not get the license (through an interpreter.) Ms.
Vang responded that is why they aze here today to address the concerns raised by the neighbors.
Minutes of the Legislative Hearing Minnehaha Supermarket, 1187 Minnehaha Avenue East Page 4
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Ms. Thao asked is it wrong for the owner to turn down a customer. Ms. Schweinler responded
that the law is that he cannot sell to people who aze intoxicated or too young. (Ms. Thao
interpreted this.)
Ms. Vang asked how many employees he has and his days of operation. Mr. Yang responded he
and his wife. He is open 8:00 to 4:00 p.m., 7 days a week (through the interpreter).
Karin DuPaul, Dayton's Bluff Communiry Council, 798 Seventh Street East, appeared and stated
that the owner came to their meeting. Several neighborhood people came including Ali with the
Phoenix Market. (Ms. DuPaul passed out a letter from Sage Holben, 705 Fourth Street East.)
Ali has a similar mazket and he explained that they do not need to sell beer and lottery tickets.
People's concems are that they are going to seil liquor when there are other things people should
be spending their money on. This is a very residential area, it is fragile, and there are issues.
There is a liquor store about six blocks from there. The biggest thing is that they are selling
liquor and drinking it on the way home. The neighbors think this is an added stressor. They
would prefer that the store not sell it. There are other ways to attract people.
Ms. Vang asked the interpreter to explain that the district council would prefer that the business
not se11 beer. (This was interpreted.)
Ms. Vang stated that she wanted to state for the record that this is a legal business and the owner
has the right to operate this business. Mx. Yang responded that he understood (through an
interpreter}.
Ms. Vang read the following into the record:
1) E-mail from Bill Holley, billandlindaholley ,msn.com, concemed about noise, litter,
loitering;
3) Charles Rice and Kathleen Cline, 1195 Minnehaha Avenue East, concerned about food and
produce boxes left at the back door attracting rodents;
4) Marjorie King, 1201 Minnehaha Avenue East, concerned about traffic;
5) Karin DuPaul, karin�a�,daytonsbluf£org, wrote that she will be meeting with the owner; and
6) Sage Holben, 705 Fourth Street East, concerned about litter, graffiti, drugs, gangs,
homelessness, alcohol abuse,
Ms. Schweinler said that there has been 3.2 beer at this location since 1989.
Ms. DuPaul stated she will send in a letter from the Newtons.
Mr. Yang stated that one person lives all the way down on Fourth Street. He asked how the trash
can be coming from his store (through an interpreter). Ms. Schweinler added that person is
within 300 feet. Ms. DuPaul stated that this person came with 011ie. Ms. Schweinler added that
Qllie would not be within 300 feet elther.
In ans�ver to a question, Mr. Yang responded that he has owned the business for three months
(through an interpreter).
Minutes of the Legislative Hearing Minnehaha Supermarket, ] 187 Minnehaha Avenue East Page 5
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Ms. Vang looked at the police reports. There aze disturbances in the area. He should cali in
when there is an issue because these things can impact his business and the neighborhood.
Joua Vang stated that the neighborhood does not buy a lot. The present owner will
probably do the same thing.
Ms. Vang asked has he gone through the alcohol training. Ms. Schweinler responded that she
recommends it to everyone, and there is a 7% discount on the license fees if 75% of employees
go through alcohol awareness training. (This was interpreted to the owner.) It goes through the
laws, how to I.D, people, how to look for intoxication, but he is selling a 3.2 product and not a
lot of it. Joua Vang stated that he went through the training.
Ms. Vang stated she will recommend that the Council approve the license application with the
following conditions:
1) Licensee agrees that no beer and(or malt products will be on the premises andlor offered
for sale until all necessary written approvals and the required license is obtained from the
Department of Safety and Inspections,
2) 3.2 beer and beer products cannot be sold by the individual bottle or can unless packages
by the distributer for individual sale.
3) The sale of wine and(or strong beer is not permitted witb a Malt Off Sale license.
4) I.D.'s will be checked for all 3.2 malt and tobacco sales.
The hearing was adjourned at 11:31 a.m.
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