09-177Council File #_�r���_
Green Sheet #�d jo�
PAUL,_ _M_INNESATA
Prssented by --
lD
WHEREAS, the Legisiati ea � Officer recommends that the application for a Tattoo Parlor license
{I.D, #20070004284) for The Holy Mackerel LLC, doing business as The Holy Mackerel, 196 Forbes
Avenue, be approved with the following conditions:
5 The licensee shall comply witb applicable local city ordinances and state statutes goveming the business
6 operations for a tattoo parlor and for body piercing service, including but not limited to the following:
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l. Per Ciry of Saint Paul Legislative Code 3ec. 367.05. Tattooing of minors. It shall be unlawful
to tattoo any person under the age of eighteen (18) years.
2. Per Minnesota Statute 325F.814 Body Piercing Subdivision 1. No person may provide body
piercing services for a person under the age of 18 without the written consent of a parent or
legal guardian. The provider of the services must witness the execution and dating of the
consent by the parent or legal guardian.
3. The licensee shall be responsible to verify the age of customers in compliance with city
ordinance and state statutes.
4. The premises shall be operated in a safe and sanitary manner in accordance with rules
promulgated by the Department of Safety and Inspections (DSI).
5. Not more that 50% of the windowldoor glass area can be covered with any sort of obstruction
(e.g., advertisements, signage, artwork, draperies, etc.) at all rimes the establishment is
occupied.
6. The licensee shall maintain the public sidewalk in front of the building free of litter; and shall
provide a receptacle outside tbe building nearest the business entry for customers' cigarettes.
24 THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license
25 application with the aforementioned agreed-upon conditions.
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Requested by Department of.
Carter
Hanis
Thune
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Form Approved by City Attorney
Sy:
Adopted by Council: Date
Adoptian Certified by Cour�cil Secretary
sY� /�rivd/JV!
Approved by,May Date ��L��� }
'� ' '1, �� �;
By: � � u
Form Approved by Mayor for Submission to Council
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
�----�---.,,.�--�^-�--�- ^-•-�---•-� Q�'���
�..0 - wunw�
CoMactPerson ffi Phone:
Nhia Vanp
26G8566
Must Be on Councii Agenda by (Date):
18-FEB-09
Doc. Type: RESOLUT�ON
E-DOCUment Required: Y
DocumentContact: �nBirkholz
Contact Phone: 266-8673
y
Assign
Number
For
Routing
Order
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Total # o f S ign a t u r e Pages _(Ciip All Locations for Signature)
Action Requested:
Approving the license application winc �onditions, per the Depury Legislative Hearing Off"icer, for a Tattoo Pazlor license for The
Holy Mackerel LLC, doing business as The Holy Mackerel, 196 Forbes Avenue.
Recommendations: Approve (A) or Reject (R)�
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contrects Must Answer the Following Questions:
1. Has this persoNfirm ever worked under a contract for this department?
Yes PJo
2. Has this persoNfirm ever been a city employee?
Yes No
3. Does this personlfirm possess a skill not normally possessed by any
current city employee?
Yes No
Explain alf yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, OppoRunity (Who, What, When, Where, Why):
Advantages If Approved:
Disadvantages If
Disadvantages If Not Approved:
Total Amount of
Transaction:
Funding SOUrce:
Financial Information;
(Explain)
Cost/Revenue Butlgeted:
Activity Number:
February 11, 2009 10:45 AM Page t
UI�1��
LICENSE HEARING MINUTES
The i�oly_Mackexel-L�,E a�-�96�erbes Aveuue - - -
Thursday, 3anuary 29, 20�9, 2:00 pm.
330 City Hall, I S Kellogg Boulevard West
Nhia Vang, Deputy Legislative Hearing Officer
The hearing was called to order at 2:05 p.m.
Staff Present: Larry Zangs and Barbara McMonigal-St. Dennis, Department of Safety and
Inspecfions (DSI); and Jean Birkholz, Council Research
Others Present: Vernon Musselman, owner and Jillian Goetz, business partner; Tony and Tom
Bonfe, property owners and business neighbors; Jason Swanson, neighbor; Ann Schroeder,
neighbor; Kim Dettmer, neighbor; and John Yust, neighbor
The Holv Mackerel: Tattoo Parlor license
Ms. Vang stated that this is an informal legislative heazing 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:
bazs, entertainment, auto sales, auto repair, etc.—things that have an immediate impact on their
neighbars. The City received four (4) 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 liceuse but refer it to an administrative law judge for a fiu-ther heazing
and findings.
Ms. Vang wi11 begin by entering all of the emails into the record. Then, she will ask staff to present their
teport. Staff will be asked to explain their review of the application and will also explain their
recommendation. Nea�t, 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.
Concerns of the emails include;
- objections to a tattoo parlor in the neighborhood;
- nature of the business which would bring moxe non-residential traffic into the neighborhood;
- disruption of a quiet neighborhood with traffic and noise;
- parking problems;
- bring individuals who are not interested in maintaining the historical aspect of the oldest
neighborhood in Saint Paul into the neighborhood.
Ms. Barbara McMonigal-St. Dennis, DSI Environmental Health, stated that her role includes a review of
any license applied for within the City of Saint Paul for a tattoo business. Any applicant not only needs
to meet health requirements but also any other type of license requirements for types of lease that they
propose to have as well as zoning requirements and fire prevention sign-off. She stated that she has met
with Mr. Musselman and his business partner on several occasions related to his proposed business at
196 Forbes. Mr. Musselman has met the tattoo requirements related to health concerns and safety
related to such concerns as hepatitis, HIV transmission and tattooing of minors (no tattooing of minors is
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allowed; not even with parental consent). Mr. Musselman and his business partner aze in the build-out
phase at this time; the construction has not beenct�mpleYed a�-t�is �is�e. DSI wil� i�e meeting witfi tTiem
— as they piogres§. They are in the process of submitting required documents and meeting with Mr. Zangs
as far as other DSI requirements. Prior to any issuance of a license, all requirements must to be met.
Mr. Larry Zangs, DSI, provided the staffreport. No neighborhood organization correspondence was
received. Regazding inspections, Building and Environmentai Health are under review; Licensing has
approved with conditions and Zoning has approved. DSI recommends approval with the following
conditions:
The licensee shall comply with applicable local city ordinances and state statutes governing the business
operations for a tattoo parlor and for body piercing service, including but not limited to the following:
1. Per City of Saint Paul Legislative Code Sec. 367.05. Tattooing of minors. It shall be
unlawful to tattoo any person under the age of eighteen (18) yeazs.
2. Per Minnesota Statute 325F.814 Body Piercing Subdivision 1. No person may provide body
piercing services for a person under the age of 18 without the written consent of a parent ar
legal guardian. The provider of the services must witness the execution and dating of the
consent by the parent or legal guardian.
3. The licensee shall be responsible to verify the age of customers in compliance with city
ordinance and state statutes.
4. The premises shall be operated in a safe and sanitary manner in accordance with rules
promulgated by the Department of Safety and Inspections (DSI).
5. Not more that 50% of the window(doar glass area can be covered with any sort of obstruction
(e.g., advertisements, signage, artwork, draperies, etc.) at all times the establishment is
occupied.
Ms. Vang asked the applicant to go over his business plan and address any concerns. Mr. Musselman
explained that he has been involved in the human body modification industry for about thirteen (13)
years. He has worked in Los Angeles, South Dakota and for the past eight (8) years, he has wosked in
Saint Paul, Minnesota. He has worked in another studio on West Seventh for about four (4) years. He is
very familiaz with the neighborhood. His business mission is to ensure a clean and friendly environment
where people who aze interested in getting tattooed or pierced can have that safely performed with a
higher level of consciousness. He is also very concerned and interested in helping to break down a
stereotype. This is a modern industry and it is growing. IYs not taboo; iYs art. This is an art-friendly
community and it is why he has chosen to put his business here. He will be opening up a very high end
studio. They will sell precious gem stones, gold, and platinum. In the fizture, they may be doing
cosmetic tattooing and they may also be selling paintangs.
Mr. Musselman explained that Mr. Bonfe is his landlord and before he signed a lease with him, Mr.
Bonfe had done renovation to provide extra insulation to help cut down on noise. Actually, the business
really will not be producing any noise. He clarified that Forbes and West Seventh aze his cross streets
which is not necessarily residential. Directly next to his business is Allina Health Care, which does use
quite a bit of parking along residential streets; however, his business would not. They have two (2)
designated pazking azeas up front for parking, there's free parking along the side of the building on 7`
and in the back there are ten (10) spaces. As far as loitering, Mr. Musselman stated that the people who
are visiting his business are there for business. However, tattoos don't happen in five (5) minutes so,
there are instances where people may need to take a break. Smoking is not allowed within the studio so,
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there may be people smoking outside in between their appointments or during a break. There will be a
designated place outside for cigazette smoking and disposal of butts.
Mr. Musselman reiterated that his business faces West Seventh. There is no residential building in front
of him. They aze behind his business. He thinks that his use will produce less noise than the business
that was there previously which was a caz speedometer installation place.
Mr. Musselman is a piercer; he does not tattoo. He has been working with minors and parents for years.
They must have state issued I.Ds and all state requirements must be met.
Ms. Vang asked what he anticipated his clientele level to be on a daily basis. Mr. Musselman replied
that he anticipates behveen 20-30 people on an average day.
Mr. Musselman added that he intends to be actively involved with the community. He is aware of the
West Seventh Federation and wants to be involved. He does a lot of student outreach. He has done
work with Hamline and Macalester's student body as faz as educating them as to what is appropriate for
tattoo and piercing studios — to help them protect themselves. The APP is a non-profit association of
professlonal piercers. Their job is to disseminate health and safety information as it pertains to tattooing
and piercing to the community. He intends to make his studio an APP certified studio. The only APP
certified studio in Minnesota is Saint Sabrina's in Minneapolis. Ms. Vang asked how one becomes APP
certified. Mr. Musselman answered that there is a lot of essay work involved; also, a video of inside and
out must be prepared. They require implant grade jewelry which means no external threads and the
piercer needs to sign an affidavit to that effect. They want to see examples of advertising. A member-
ship fee is also required if the APP agrees to certify a studio, which is good for one (1) year. If the APP
receives any negative reports, the certification will be pulled. He was a member at one time. However,
when a piercer leaves the studio which is certified, the piercer loses his/her membership because the
environment and piercer need to be coupled. The APP holds a conference in Vegas once a year where it
spends a week educating not only health department officials but also other piercers. It teaches courses
on precious metals, blood born, first aid, CPR, etc. These are things that are required for piercers that
aren't required in Ramsey County.
Jillian Goetz, business partner, introduced hersel£ She has a business degree and her role in the
business includes the financial aspects of tbe business: accounting, regulations, contracting, taxes and
also mazketing and community outreach. She had been a retail stoxe manager for eleven (11) years so
she had a lot of experience with leading and coaching teams, working with customers and communities,
including community outreach. She intends to begin her MBA in about three (3) months. Their
business plan includes an intention to run a high-scale tattooing/piercing studio. They intend to continue
educating people and helping to break down the stereotype that tattoolpiercing artists are a bunch of
rebel rousers with loud vehicles who are doing unsanitary things to people who are under age.
Ms. Vang asked Ms. McMonigal if there is any record that would link this kind of nuisance behavior to
a tattoo/piercing parlor land use of this type here in Saint PauL Ms. McMonigal responded that she can
speak only to some of health requirements that the City has. She recalls that perhaps there may have
been some conditions added on another license related to speciFic hours trying to avoid loitering. Ms.
Vang asked if there were any studies that would link the two (2) together. Ms. McMonigal said that she
was not aware of any from a health perspective. Ms. McMonigal added a clarification: Ms. Musselman
has applied for a tattoo business license; piercing is curtently not regulated in the City of 5aint Paul but
that may be changing. A Minneapolis model is being looked at. There is a provision under the state law
related to piercing of minors. Cosmetic tattooing is regulated as tattooing. Ms. Goetz added that
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concerning Ms. Vang's questions about studies, she did some reseazch approximately six (6) months ago
for a paper that she was compiling about that issue and there isn't any linked, evidence-tha��as�een -
found so far in terms_of the sieieot�p€�ieingairaccuiafe portrayal of the business. Mr. Zangs stated that
— taifoo parlors are not a business that DSI receives a lot of complaints about. Excessive use of parking
lots and loitering, activities which normally activate local complaints, aze just not received by DSI about
tattoolpiercing parlorslstudios.
Mr. Musseiman clazified that pazental witness as well as parental consent aze necessary for piercing
minors.
Ms. Vang asked about the number of staff. Mr. Musselman replied that he will be piercing and
currently, he staffs two (2) tattoo artists. He is also looking for counter help. Training will be required
for all staff. The only person in the studio who will be involved with minors will be Mr. Musselman.
Ms. Vang asked Mr. Musselman if he had any questions about the cond'ations that have been
recommended by DSI. Mr. Musselman replied that he was thinking that he would submit a photo of
their windows with a neon sign. Ms. Vang asked if a neon sign inside the store would be regulated. Mr.
Zangs responded that it would not. In this case, they would need to look at the windows to make sure
the business meets the 50°l0 open which is a condition of the license but it's not an ordinance provision.
Ms. Goetz expressed that they have worked very closely with DSI in order to make sure that they have
good understanding of what needs to be done and will be maintaining the standards that DSI is setting.
Ms. Vang asked about the hours of operation. Mr. Musselman answered that they haven't yet decided.
Most studios are open from around noon until9 or 10 p.m. Some in Minneapolis are open as late as
midnight. He doesn't anticipate a midnight closing, more like a possible 10 p.m. closing on weekends if
it's busp; week nights, maybe noon - 9 p.m.; Sundays, noon - 6 p.m. That may change depending on
the season because certain seasons are quieter than others. Ms. Vang asked staff how late other
businesses in the area remained open. Mr. Zangs replied that the bar is open until 2 a.m., probably. He
assumes that the coffee shop is open no later than 9 p.m.; Bonfe's, probably 8 a.m. to 6 p.m. Ms. Goetz
added that Xcel, just down the street, lets out anywhere between 9 pm. and midnight.
Ms. Vang asked about their plans for exterior design. Mr. Musselman replied that he has talked with
Mr. Bonfe about painting the building a darker red to help it blend in with the neighborhood. They have
talked about putting lettering across the top of the building. Mr. Zangs noted that all signage will need
to be reviewed by D5L Ms. Vang suggested that they work with their district to seek their advice on
how the building could best conform to the neighborhood.
Mr. John Yust, a neighbor, addressed the heazing to clarify a question. He stated that he has spoken
with some of Mr. Musselman's past colleagues, who stated that Mr. Musselman was interested in tissue
removal and scarification. Mr. Yust said that he would like to know more about what that involves. Mr.
Musselman noted that was not his main business premise but it is a part of body modification;
something that is not illegal in the City of Saint Paul. He explained that tissue removal is much like a
tattoo. It uses either abrasion or chemical; however, he doesn't use either of those methods. Mr.
Musselman would use a scalpel on a sterile field to make the cut on the surface of the skin and it is
somewhat superficial. IYs just another way of creating body adomment. It is rather like a tattoo without
ink.
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Ms. Kim Dettmer, a neighbor, addressed the hearing in opposition. She sent an email in December
outlining her concems: traffic, parking, iniegrity of the neighborhood. She want_ed_ ev_ery--on€ to knaw
that the bar and coffee shop that have_bsenspekea af nere� ai ori fhe other side of West 7�' Street. They
a�e �tet on s�o�the neighborhood where she and the other neighbors live. Behind Mr.
Musselman's shop are a battered women's shelter and her home. She finds the pazking problem in their
neighborhood especially disturbing. Last yeaz, they received notice from the City of Saint Paul that in
order to pazk theit cazs in front of their own homes, they would need to purchase a permit. So, she is
very concerned about pazking. The business's pazking lot is in an alley; that alley is her drive-way. Ms.
Goetz interjected that the gated pazking lot is owned by Bonfe's, which is shazed by the tattoo parlor.
The business's part of the pazking lot comes quite a bit before Ms. Dettmer's back yard. The only
entrance into the tattoo parlor ls in the front (West 7'�'). Mr. Musselman noted that there is another
entrance that comes in off of Leach that goes straight down behind their pazking area, which clients will
not be able to use.
Ms. Dettmer talked about traffic. She purchased her home right before the Xcel was built. 5he works in
South Minneapolis and often works late, coming home at 7 p.m., just as the downtown area and her
neighborhood is filling up with people who are going to a concert or a hockey game. It takes a lot af
time to get through just three (3) blocks to her house. Mr. Musselman's business hours are also a
concem for her. She added that her home was built in the 1870. The neighborhood is very historical
and their homes have been there much longer than the businesses along West 7` even before cars were
invented. Ms. Goetz acknowledged that they, too, have been concerned about the traffic, especially the
traffic from Xcel and their two (2) street parking spaces used by Xcel goers. Fortunately, they have off-
street parking available for their clients. The Holy Mackerel wili not produce much traffic.
Ms. Vang asked if tbeir clientele will be by appointment only or walk-ins. Mr. Musselman answered
that there will be both.
Ms. Dettmer added that there is another tattoo parlor located 2'/z blocks away.
Ms. Vang asked staff if twelve (12) parking spaces were appropriate for this type of business. Mr.
Zangs replied that the Zoning Code requires elght (8) parking spaces for a tattoo pazlar. The former use
as a speedometer repair shop requixed only seven (?).
Ms. Ann Schroeder, neighbor, addressed the hearing. She entered a letter of objection mostly to give
her and others an opportunity to meet Mr. Musselman and Ms. Goetz and learn more about the business.
She considers herself neutral. She stated that it sounds as though the applicants have done a lot of
homework and she is impressed with the presentation today. She appreciates their interest in her
neighborhood. She has lived in her 1870s house for seventeen (17) years. She and her husband have
invested a lot of money into it and will be really pleased if the business community also invests in their
exteriors. She referenced Mr. Musselman to Hinding, down West 7�', which recently did a renovation
on its exterior. She is concerned about clientele smoking. She hopes that they can smoke on the Forbes
side so that the smoke is not going back into the residents' areas. She is also concerned about light
pollution. It is pretty bright outside when thep go to bed at night. She is pleased to hear that Mr.
Musselman and Ms. Goetz are making attempts to contact the Federation; she strongly supports that.
Ms. Sclu�oeder went on to explain that over the years there has always been a certain group of kids who
don't have good things to do. They aze not very well educated; they are not supported from home very
we1L She would challenge the applicants to be good role models to them — to be mindful of
oppor[unities that could be provided to them; in other words, to be a good neighbor. Mr. Musselman,
having worked in the area, found that those minors are curious about whaYs going on and so, has tried to
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educate them. Education is a huge part of their business. He and Ms. Goetz invited the neighbors to
come into the studio to visit and see how things aze done.
jvls. Vang informed the applicants that the City has a waiver for graffiti. They will not be charged for
the City to take care of it.
Mr. Jason Swanson, neighbot, addressed the hearing. Originally, Mr. Swanson statzd that he wasn't
sure whether he was in support or opposition to the tattoo pazlor. However, he thinks that the applicants
have done a fantastic job of answering many of the questions he had. He stated that he would definitely
like to see as conditions:
a litter or clean-up condition
designated smoking area either in front of the building or on the side
would like applicants to consider the neighborhood pazking regulations which ends at 8
p.m. and possibly mirror their business hours to those during fhe week
Mr. Swanson asked if the tattoo artists would be contracted under Mr. Musselman, as stylists in a salon,
who keep their own hours or will they be subject to the hours of the business. Mr. Musselman
responded that he thought it would be flexible. Cunently, the artists will keep the studio hours.
Circumstance may determine nuuiing later, perhaps. He added that they have space for four (4) artists;
currently, they have two (2). Not all artists will be working the same hours. Mr. Musselman noted that
his busiest hours are between 5 p.m. and 9 p.m.
Mr. Swanson said that his house was built in the 1880s, so he is concerned about the aesthetics, pazking,
traffiq etc., however, when they moved to the neighborhood Chey expected that if they're going to live
in the downtown area, there are going to be businesses, retail, restaurants, people and traffia They do,
however, expect that the oldest neighborhood in Saint Paul will look good. He is not a fan of neon, and
he would like to see the building painted. He said that he is absolutely in favor of having a business in
that building rather than have it vacant. Mr. Swanson added Chat he appreciates having the opportunity
to have his questions answered. How the business plans to advertise was another of his questions. Ms.
Goetz responded that they are planning TV and radio commercials, college campus outreach and
mailings; not much in flyers or leaflets, at least not into the residential neighborhood. Mr. Swanson
continued to say that the neighborhood is very close; everyone really cares about who comes into the
neighborhood. Ms. Goetz stated that they are glad that the neighbors take pride in their community;
they are glad they neighbors are willing to ask questions about their business. Mr. Musselman said they
intend to send a letter introducing themselves and the business.
Mr. Tony Bonfe and his brother Tom, owners of Bonfe Auto Service and landlords of the building that
The Holy Mackerel will be moving into, spoke in support. The Bonfes have been in the community for
54 yeazs. He and Tom's grandfather started the business in 1451; their father took over in 1472; and he
and Tom took over in 1490; and Tony's two (2) boys work for the company — they are in their fourth
generation. They tore down their original building five (5) years ago and built a new 25,000 sq. ft
addition right on West 7"' Street, neighboring the building that The Holy Mackerel will be moving into.
Bonfes bought that building last winter because they didn't want another mechanicalfautomotive shop
right next door to them and also for growth. They have grown steadily oveT the past sixty (60) years and
they want to continue to grow. The Holy Mackerel has a five (5) year lease and Mr. Bonfe has assured
the applicants that if they're good tenants, they will be able to lease the building for another five (5)
years if Bonfes don't need it for their business. He and Tom welcome the new business into the
neighborhood. Mr. Bonfe stated that he checked with both the West Seventh Street Federation and the
West Seventh Business People's Association, of which Bonfes are members, and was informed that they
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have had absolutely zero problems with visual addictions. There have been no complaints, no pazking
problems, no vandalism, etc. with The Holy Mackerel. -—
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Ms. Vang took a five minute recess at 3:24 p.m.
The meeting was reconvened at 3:29 p.m.
Ms. Vang asked Ms. McMonigal-St. Dennis about needle disposal. Ms. McMonigal replied that any
time a business uses disposable needles, they are required to be disposed of in a bio-hazard red box as
proper hazardous waste.
Ms. Vang recommended approval with the following conditions:
The licensee shall comply with applicable local city ordinances and state statutes governing the business
operations for a tattoo parlor and for body piercing service, including but not limited to the fo]lowing:
1. Per City of Saint Paul Legislative Code Sec. 367.05. Tattooing of minors. It shall be
unlawful to tattoo any person under the age of eighteen (18) years.
2. Per Minnesota Statute 325F.814 Body Piercing Subdivision 1. No person may provide body
piercing services for a person under the age of 18 withont the written consent of a parent or
legal guardian. The provider of the services must witness the execution and dating of the
consent by the pazent or legal guardian.
3. The licensee shall be responsible to verify the age of customers in compliance with city
ordinance and state statutes.
4. The premises shall be operated in a safe and sanitary manner in accordance with rules
promulgated by the Department of Safety and Inspections (DSI).
5. Not more that 50% of the window/door glass area can be covered with any sort of obstruction
(e.g., advertisements, signage, ariwark, draperies, etc,) at ail tnnes the establislunent is
occupied.
6. The licensee shall maintain the public sidewalk in front of the building free of litter; and sha11
provide a receptacle outside the building nearest the business entry for customers' cigarettes.
The hear3ng was adjourned at 335 p.m.
lab