09-662SUSpeIISIOII 6/17I09 Council File # 09-662
Green Sheet # 3071522
RESOLUTION
- ` CI'L1E�OF SAINT PAUL, MINNE
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Presented by — - - — ---- -- ------ -
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WHEREAS, Brasa 2 LLC, doing business as Brasa Rotisserie (Application I.D. #20090000863),
located at 777 Grand Avenue in Saint Paul, has applied for a class N license for Restaurant (4)
- 51-150 seats, Wine On Sale, Malt On Sale (Stronp� and Liquor-Outdoor Service area (Patio)
licenses; and
WHEREAS, Brasa Rotisserie's residential properties are within a 350 foot radius of licensee's
proposed patio and outdoor liquor service area; and licensee must seek consent of neighboring
residential properties and demonstrate that s/he were able to obtain 90% approval or, in the
lesser case, 60% or more approval; and
WHEREAS, licensee sought support from a list of private residences provided by the
Department of Safety and Inspection by mailing letters on two separate occasions (February 26,
2009 and March 26, 2009) and conducted follow-up door-to-door survey for the remainixig
residences who had not responded to the mailings (NOTE: The list contained both residential
and business addresses and, in some cases, included duplicate addresses. The Department's
system is unable to distinguish between residenrial and business addresses.); and
WHEREAS, licensee was unable to obtain the ninety percent (90°/o) consent or, in the lesser
case, sixty percent (60%) or more consent because the business is located in an area that is
surrounded by more businesses than residential properties and of those residential properries,
there were more condos than single-family residences, which made access to the follow-up
door-to-door survey difficult; and
WHEREAS, licensee, per City of Saint Paul Legislative Code 409.06(g) (2) (c), was able to
receive positive consent from fifty-sixty percent (56%) of residential owners, including support
from the Summit Hill Association; and
28 WHEREAS, the Council finds that these efforts constirixte a good faith effort to fulfill all
29 petition requirements, and that the results of the attempts to obtain signatures showed a
30 generally favorable disposition from the surrounding community toward the proposed
31 licensed activity; and
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33 WHEREAS, the Council finds that issuance of the license will not interfere with the reasonable
34 use and enjoyment of neighboring property and residences and will not bear adversely on the
35 health, safety, morals and general welfare of the community; and
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09-662
37 WHEftEAS� the Le�'slative Hearing Officer recommends that Brasa Rotisserie's application for
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— 38 Restaurazrt f4) - 51=35fl seats, On �bSaltf3n f5trong� and �iqnor=flutc�aor --- -
39 Service area (Patio) licenses be approved with the following conditions:
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41 1. Per City of Saint Paul Legislative Code 409.15(a) (2), On Sale Wine license shall mean a
42 license authorizing the sale of wine not exceeding fourteen (14) percent alcohol by
43 volume for consumption on the licensed premises only in conjunction with the sale and
44 service of food (menu item only). The Sale of Malt (Strong) will also take place only in
45 conjunction with the sale and service of food.
46 2. Per City of Saint Paul Legislative Code 409.15(d), licensee must be able to show that
47 gross receipts are at least sixty (60) percent attributable to the sale of food.
48 3. Licensee will submit to the Deparrinent of Safety and Inspections (DSI) annual gross
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receipts for food and liquor for each year the license is renewed.
4. The licensee shall complete improvements to the parking lot per the conditions of the
approved site plan on file with the Department of Safety and Inspections (DSI).
5. The sale/service/consumption of wine and/or beer cannot be provided on the outdoor
patio area until the Liquor Outdoor Service Area (Patio) license has been issued by DSI.
THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this
license application with the aforementioned agreed-upon conditions.
Bostrom
Carter
Harris
Yeas
Absent
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Requested by Department of:
By:
Stark
Thune
Adopted by
Council:
B �
Approved
Mayar:
B
Date
Date
�1 �
Secretary
Form Approved by CiTy Attorney
B
Form Approved by Mayor far Submission
to Council
By:
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09-662
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
� `Counc'd -� � - �-
Contact Person & Phone:
Nhia Vanq
2668566
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Assign
Number
For
Routing
Order
0 ouncil 0
1 'tv Clerk C5 Clerk
2 0
3 0
4 �
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Must Be on Council Agenda by (Date):
17-JUN-09
Doc.Type:RESOLUTION
E-DOCUment Required: Y
Document Contact: �ean Birkholz
Contact Phone: 266-8673
Total # of Signature Pages _(Ciip All Locations for Signature)
Approving the license application with conditions, per the Legislative Hearing Officer, for Restaurant (4)-51-150 Seats, Wine On
Sale, Malt On Sale (Strong) and Liquor-Outdoor Service azea (Patiio) licenses for Brasa 2 LLC doing business as Brasa Rotisserie,
777 Grand Avenue. �
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contracts Must Answer the Following Questions:
1. Has ihis person/firm ever worked under a coMracl for ihis depaAment?
Yes No
2. Has lhis person/firm ever been a ciry employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current 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):
Advantages If Approved:
Disadvantages If Approved:
Disadvantages If Not Approved:
Tofal Amount of
Transaction:
Funding Source:
Financiallnformation:
(Explain)
CostlRevenue Budgeted:
Activity Number:
June 11, 2009 1:47 PM Page 1
09-662
LICENSE HEARING MINUTES
"- Brasa R otisseri e, 777 Grand Avenue
— - -- _ - Wec�esda�, Niay-2Z, 2009, lO:OD-a.�,---- -----------------
330 City Hall,15 Kellogg Boulevard West
Nhia Vang, Deputy Legislative Hearing Officer
The hearing was called to order at 10:03 a.m.
Staff Present: Larry Zangs, Department of Safety and Inspections (DSI); and Jean Birkholz,
Council Research
Others Present: Alexander Roberts, Owner
Brasa Rotisserie: Restaurant (4) 51-151 Seats, Wine On Sale, Malt On Sale (Strong) and Liquor
Outdoor Service Area (Patio) license
Ms. Vang stated that this is an informallegislative 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 concems. If anyone has a concem, 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 one (1) letter of concem regarding this
application. Ultimately, there are three (3) possible outcomes from this hearing: 1) Ms. Vang may
recommend to the City Councii that they approve this license with no conditions; 2) 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 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. The City Council is the final
authority on whether the license application is approved or denied.
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
explain their business plan. Next, she will hear from people who are here in support and those
with concems, and she will review the letters that were sent regarding this request.
Mr. Zangs, DSI, reported that staff reviewed the license application and recommends 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 consumption on the licensed premises only in conjunction with the sale and
service of food (menu item only). The Sale of Malt (Strong) will also take place 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 attributable to the sale of food.
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09-662
3. Licensee will submit to the Department of Safety and Inspections (DSI) annual gross
receipts for food and liquor for ea ch year the licen is renewed
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4. Tlie l�eeitsee s�a�l co�tplete i�tp�ove�e�ts ta-t�ie-paiki�g-lot-pe��ke��di#;iei�s-ef-tlle-- --- --
approved site plan on file with the Depamnent of Safety and Inspections (DSI).
5. The sale/service/consumption of wine and/or beer cannot be provided on the outdoor
patio area until the Liquor Outdoor Service Area (Patio) license has been issued by DSI.
Inspection Requirements:
Building: Under review (active/inspected building permits)
Environmental Health: Under review
License: Approval with conditions
Zoning: Approval with conditions
Mr. Zangs explained that regarding the required perition, 56 percent (47 respondents) were tallied;
43 of them were in support; 3 were business related so they didn't count. Of the 43 signatures
gathered, all of them were in support (100 percent). In instances like this, the ordinance says that
in order to bring it forward for licensure consideration, the following are needed: 1) district
council approval; and 2) a generally favorable response from those petitioned.
On the issue of parking, Mr. Zangs explained that the Zoning Code looks at the pre-existing use
and compares it with the proposed use. In this case, there really is no change in use (going from a
pizza restaurant serving beer and wine to a full-service, upscale restaurant serving beer and wine).
The Zoning Code says that whatever parking is on the site needs to be maintained. The parking
lot is being re-arranged to be more efficient but the number of parking spaces has not changed.
The site plan for the parking lot has been approved. More landscaping has been added for
beautification. The applicant has until December 1, 2009 to make those improvements.
Ms. Vang asked if there are other similar uses in the area. Mr. Zangs responded that right next
door is Punch's Woodfire that is similarly licensed. They also have a patio on which they serve
beer and wine. Across the street is the Wild Onion which is a fizll liquor and restaurant; they also
have a patio license. Billy's on Grand is a full liquar and restaurant with a patio license. Ms. Vang
asked if the Wild Onion and Billy's had any problems meeting the petirion requirements. Mr.
Zangs replied that in the case of Wild Onion and Billy's, they went through a different kind of
approval process before the 90% petition approval was used. The current rules that apply to
Brasa s did not apply to them when they established their outdoor service areas. He believes that
Punch's came in under the same rules that currently apply. Ms. Vang asked for a copy of the letter
(petition) used by Mr. Roberts that will show that he made a good faith effort to meet the
requirements.
Mr. Roberts stated that Brasa is the same use as what was there before; there is no significant
change in use of how this property's been operated and he has no intention to seek any other type
of license. This is exactly what warks for him; it is exactly what they do at their existing location in
Minneapolis. He added that Punch's is the most significant wmparable use in the neighborhood
because it has food, wine and beer only where Billy's is a full liquor license. It is an important
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distinction because it is full liquor that changes the character and the personality of the business,
- and ma th em more of a soci dri nking place versus a family -oriented eating place. Because
— tl�e3'�e-dostg a seeo�d loca�ior�-a€ ax� exist�g b�si�ess,- �ey are ve�e�#i�ea� and-een�o�able -__- -
in making the statement that they know what their business is because they have been running it
for a number of years. They know what type of clientele they draw and what type of clientele they
do not draw. People don't come to their restaurant to "drink" they come to perhaps have a beer
or glass of wine with their meal. Mr. Roberts has spent time in the neighborhood talking with the
people there and the people of the neighborhood dori t want another Wild Qnion or Billy's in the
neighborhood. They want businesses that are owner-operated serving the people of the
neighborhood and being a good neighbor, which is exactly what Brasa is. At Brasa, wine and beer
are just beverages in addition to other beverages that they serve. Wine and beer sales at the
Minneapolis restaurant rarely exceeded 15 percent of their total sales. Brasa doesri t do specials or
two for one's.
Ms. Vang asked Mr. Roberts how long he has operated the Brasa in Minneapolis. Mr. Roberts
replied that he has operated it for two (2) years. His other restaurant, which also operates with a
wine and beer license, has operated for almost ten (10) years.
Ms. Vang asked about staff. Mr. Roberts answered that they have not yet finished hiring for the
Grand Avenue location but it is about forty (40) total. There is a manager at the restaurant at all
times and Mr. Roberts is also there frequently. He employs a general manager, a kitchen manager,
and a front of the house manager. Brasa is open seven (7) days a week so there are two (2) people
trained for each of those positions. They plan to open at 11:00 a.m. and close at 10:00 p.m.
Regarding the patio, he has found at the Minneapolis restaurant, after 9:00 p.m., the business drops
off steeply. On the weekend, people may drop in after 9:00 p.m. In his opiruon, restaurants that
do not have a full bar and a bar scene where people are not really eating, are not busy at that time
of night. IYs an environment where people are not boisterous, just a little hum of conversations
taking place. There will be no live music or significantly amplified music. There is a small stereo
that warms up the space. When the restaurant fills up with peopie, you cari t even hear it. Mr.
Roberts went on to explain that the patio is fenced and everything is controlled. There are
approximately 45 seats on the patio. Brasa is not a seat yourself place; the host seats everyone.
People do not waik around with their food or drinlcs; iYs not a hang-out place.
Mr. Zangs added that in this case, the beer and wine are menu items making it a reasonably
controlled and managed system. As a patron, he could not go into the restaurant and only order a
glass of wine or beer. He must order each of them with food, and he could not routinely take his
glass and step out to the pario. When the police do compliance checks, they are specifically
looking to see if people are being served just alcohol. That doesn't usually happen in these types
of restaurants. Mr. Roberts added that the only exception ever to someone getting a drink and not
sitting down is when occasionally, someone is waiting for a table in the waiting area or vestibule.
Brasa does not allow someone to come in, order a drink and then leave.
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09-662
Mr. Roberts explained that the patio area is enclosed with a fence. There's a back entrance from
the reaz parking azea that is also controlled. One cannot just walk from b ack area o nt o the p atio.
The paho is-approx�ate�y 10 £ee� w�de-a�d it wFaps a�ot�d-##e bt�ldtng. ------ ---- ------- —
Ms. Vang asked about alcohol tranling for staff. Mr. Roberts responded that they have, in the past,
employed an alcohol compliance training person and they do periodic re-training of the staff. It is
Brasa s rule that anyone who looks under 35 years old, must be carded 100°/o of the time. If any
staff fails to do that, they may lose their job. Ms. Vang asked whether the applicant has
participated in DSI's training for serving liquor. Mr. Zangs replied that the City is required to go
through the liquor manual with the owner/applicant. Ms. Schweinler will be meeting with Mr.
Roberts in the future. It will take approximately 15-20 minutes.
Regarding the petition, Mr. Roberts explained that he did two (2) separate full mailings of the list
of addresses given to him by DSI, which included businesses. Mr. Zangs went on to explain that
there were 96 addresses on the list, some of which were duplicates (86 potenrial). There were 48
positive responses; there were three (3) ineligible because they were related to businesses. (The
computer system cannot distinguish between residences and businesses.) Mr. Roberts stated that
there was some "retum to senders." They received no negarive responses.
Ms. Vang read the letter of concem and the letter of approval from the Summit Hill Associarion.
(Ms. Vang took a recess at 10:39 a.m.)
(The hearing was reconvened at 10:45 a.m.)
Ms. Vang reviewed the site plan for the parking lot with Mr. Roberts and Mr. Zangs.
Ms. Vang will recommend that the City Council approve the license with the conditions
recommended by DSI.
Ms. Vang asked Mr. Zang for a new tally of petitions that she needs to include in the resolution.
The Conditions' Affidavit has been signed and will be added to the file.
The hearing was adjoumed at 10:55 a.m.
/jab
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