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09-167Council File #� Green Sheet # p/o(p (�� 1 2 3 4 5 6 7 8 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 � Presented 6y RESOLUTION OF S�jcII�T PAUL, MINNESOTA �� WHEREAS, the Legislative Hearing Officer recommends that the application to add a(I.D. #20070002366) Malt Off-Sale license to the existing licenses for Gas Station, Retail Food (D) — Grocery 3001-6000 sq. ft., Restaurant (2) — 1-12 Seats and Cigarette/Tobacco for Super Day Inc., doing business as Super Day Inc., 281 Snelling Avenue North, be approved with the following conditions: 1. Licensee agrees to pick-up litter on a daily or as needed basis on their property. 2. 3.2 Beer and beer products cannot be sold by the individual bottle or can. 3. Sale of 40 ounce bottles of beer is not permitted. 4. The sale of wine and/or strong beer is not permitted with a Malt Off-Sale license. Yeas Nays Absent Bostrom Carter � Harris Helgen � Lantry Stark � Thune � Requested by Department of: � Form Approved by City Attomey � Adopted by CounciL Date ���/d �'f Fortn Approved by Mayor for Submission to Council Adoption Certified by Coun l Secretary �) By: BY / / !l/ _!I i%y_SOn Appro ed yo Date By: �. � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � ay���� JepartmenHOfficelCouncii: Date Initiated: co-�°°^��� 04-FEB-09 Green Sheet NO: 3066659 ContaM Person & Phone: Nhia Vanq 266-8566 Must Be on Council Agenda by (Date): 11-FEB-09 Doc. Type: RESOLUTION � Assign Number For Routing Order 0 i 2 3 4 5 E-DOCUment Required: Y DocumentConWCt: JeanBirkholz Contact Phone: 266-8673 Total # of Sign Pages _( Clip A ll Lo cations for Signatu Action Requested: Approving the license application with conditions, per the Legislative Hearing Officer, for a Malt Off-Sale license for Super Day Inc., doing business as Super Day Inc., 281 Sne]ling Avenue North. Recommendations: Approve (A) or Reject (R): Planning Commission q6 Committee Civil Service Commission Personai Service Contrects Must Answer the Foliowing Questions: 1. Has ihis person/frm ever worked under a contract for this depadment? Yes No 2. Has this personlfirm ever been a city employee? Yes No 3. Does this person/frm possess a skill not normally possessed by any wrrent city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): AdvanWges IfApproved: Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of Transaction: Funding Source: Financial lnformation: (Explain) CosURevenue Budgeted: Activity Number: February 4, 2009 9:10 AM Page 1 LICENSE HEARING MINUTES �y � I �P � Super Day Inc. at 281 Snelling Avenue North Thursday_,_January 22, 2009, 930 a.m. 330 City Hall, 15 Kellogg Boulevard West Nhia Vang, Deputy Legislative Hearing Officer The hearing was called to order at 934 a.m. Staff Present: Jeffrey Fischbach, Department of Safety and Inspections (DSI); and Jean Birkholz, Council Research Others Present: David Povolny, owner Super Dav Inc: Request to add a Malt Off-Sale license to the existing licenses for Gas Station, Retail Food (D) - Grocery 3001-6000 sq. ft., Restaurant (2) – 1-12 Seats and Cigarette/Tobacco. Ms. Vang stated that this is an informal legislative hearing for a license application. This is a Class N notification which means that the neighborhood gets notified and has a chance to voice its concerns. If any one has a concern, it automatically triggers a hearing. Other Class N Licenses include: bars, entertainment, auto sales, auto repair, etc.—things that have an immediate impact on their neighbors. The City received three (3) letters of concern regarding the issuance of this license. Ultimately, there are three (3) possible outcomes from this hearing: 1) Ms. Vang can recommend to the City Council that they issue this license without any conditions; 2) she can recommend to the City 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. Ms. Vang will make her recommendation in the form of a resolution that will go before the City Council for their approvaL It will appear on the Consent Agenda at a City Council meeting. Ms. Vang will begin with a staff report. Staff will be asked to explain their review of the application and will also explain their recommendation. Then, she will ask the applicant to talk about the business plan. Next, she will hear from people who are here in support of the issuance of the license and those with concerns about the issuance of the license and, she will review the letters / emails that were sent regarding this application. Mr. Jeff Fischbach, DSI, provided the staff report. He stated that DSI has not received any neighborhood correspondence regarding this license. Regarding inspections, Building and Environmental Health are not applicable; Licensing is under review because the applicant has not yet arranged to review the manual for 3.2 off-sale applicants (this review took place immediately following this hearing); Zoning has approved. The applicant has signed a License Condition Affidavit. DSI recommends approval with the following conditions: 1. Licensee agrees to pick-up litter on a daily or as needed basis on their property. 2. 3.2 Beer and beer products cannot be sold by the individual bottle or can. 3. Sale of 40 ounce bottles of beer is not permitted. 4. The sale of wine and/or strong beer is not permitted with a Malt Off-Sale license. The applicant/owner, David Povolny, explained that he owns a convenience store/gas station located on the corner of Snelling and Iglehart. He wants to add the sale of 3.2 beer off-sale as a way to generate more profit in order to stay in business. This is the first time he has owned this type of business. He owns a computer business in Saint Paul, as well. U9�Il�� Ms. Vang stated that the three letters of objection say primarily the same things. Items of concern aze as follows: - - _ - -- - don't see how granting a malt off sale license makes their block more livable - their neighborhood is already under stress - the property is adjacent to a residential neighborhood with small children - there's a liquor store only four (4) blocks south of the property - O'Gaza's Bar is only three (3) blocks south of the property - Big Top Liquors is just north of the freeway on Snelling - additional bazs up and down University - Rainbow Foods also sell 3.2 malt liquor - the previously mentioned establishments employ security/police officers to enforce the legal age laws; no such measures with this business - more litter in our neighborhood - on-going problem with panhandlers Ms. Vang asked the applicant Mr. Povolny if he would like to address any of the above concerns. He replied that he did. He stated that Big Top Liquors has been out of business for about one (1) year. The police officers are not the ones enfarcing the age laws; employees of the stores need to do that. The panhandlers are going to be there whether they sell alcohol or not. He added that his objective is to not go out of business. He intends to give the people what they want and stay in business. Mr. Povolny stated that he conducts a 2-day training session for their staff on a hire basis and also every quarter. Mr. Fischbach noted that the City recognizes two (2) organizations that provide awazeness training. Ms. Vang asked how many people Super Day employs. Mr. Povolny responded that he employs 10-12 people, mostly full-time. Ms. Vang asked if Mr. Povolny how much time does he spend at the store. He replied that his other business is upstairs directly above the store, so he's there half of the time. The manager is there fixll time. The store is open approximately 18 hours per day: from 6 a.m. until midnight, plus or minus an hour depending on the day. Mr. Fischbach asked if the credit card gas pumps are available anytime. Mr. Povolny responded that the pumps are shut off'/z hour after store closing. Ms. Vang asked Mr. Fischbach if Mr. Povolny will need the liquor liability insurance. Mr. Fischbach answered that if the applicant anticipates selling less than $50,000 in annual sales for the 3.2 product, he can submit a waiver. In this case, the applicant has submitted a waiver saying he anticipates selling less than $50,000 of the 3.2 product. Ms. Vang asked about trash containers. Mr. Povolny responded that they have about six (6) outside trash containers, as well as an automatic reminder for the employees to go pick up trash on a regular basis (three (3) times per day). There aze also two (2) 5-yard dumpsters; one for cardboard (recycled) and one (1) for trash behind a fence. The area is very well lit and a lot of security lights aze kept on during the night. Ms. Vang asked how far away the nearest resident lives. Mr. Povolny replied, "Between 500 — 1000 feet. There are a few other businesses that insulate them from the residents." U�l�l�f' l Ms. Vang asked how often police survey the azea for panhandlers. Mr. Povolny responded that he drives by the vacant lot everyday, and everyday there are panhandlers. He has never seen a police officer go after the panhandlers. Ms. Vang asked Mr. Povolny to describe the types of customers he has. Mr. Povolny responded that he has a very wide variety of customers. The store is right in between a very rich neighborhood and a very poor neighborhood. Their place is kept very clean. "No Loitering" signs aze placed in the store and it is enforced because loiterers usually shoplift. They also refuse to serve panhandlers because of the damage they have done in the store. Ms. Vang took a two (2) minute recess to review the police report for the business. Ms. Vang will recommend approval with the conditions recommended by DSI. The hearing was adjourned at 9:55 a.m. /jab