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09-688Suspension 6/24/09 RESOLUTION Council File # 09-688 Green Sheet #, j�'7/ JL 3 SAINT PAUL, MINNESOTA Presented by 1 WHEREAS, the Depury Legislative Hearing Officer recommends that the request for Liquor On Sale - 2 100 Seats or fewer, Liquor On Sale—Sunday, Restaurant (3) - 13-50 Seats, Restaurant (D) - Add- 3 on and Entertainment (A) licenses (I.D. #20080001946) for H& K of St Paul Inc, doing business as 4 Moonshine Saloon, 1179 7` Street East, be approved wich che following conditions: 1. The licensee will limit requests for outdoor extensions of service co four (4) times per year. 2. Licensee will apply for outdoor evenc licenses at least three (3) weeks in advance. Notice of the license application will be provided to the Discrict Council at least three (3) weeks prior to the event. 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 3. Outdoor extensions of service will be limixed to eighc (8) hours duration and will be permitced only until 9:00 p.m. Sunday through Thursday and 11:00 p.m. on Friday and Saturday. 4. Licensee will provide nocice of outdoor extensions to all neighbors within a one (1) block radius of che establishmen[. Notices will be written in Spanish, Hmong and English. 5. The doors to the establishment will be closed at all times that amplified music is playing. THEREFORE, BE IT RESOLVED, that the Council of the Ciry of Saint Paul hereby approves this license application wi�h the aforementioned agreed-upon conditions. Yeas Nays Absent $ostrom � Catter ,r Harris , Helgen ` Lantry ,� Stark ,/ Thune ,� J O Adopted by Daxe / / Council: � Adoption Certified by Cou Secretary BY� / /" . /�fJ � Approved by l Date Mayor: Requested by Department of: � Form Approved by City Atcorney B Form Approved by Mayor for Submission xo Council By: �• .: LICENSE HEARING MINUTES Empress M LLC, 1179 7`� Street East Thursday, June 1 I, 2009, 10:30 a.m. 330 City Hall, 15 Kellogg Boulevard West Nhia Vang, Deputy Legislative Hearing Officer The hearing was called to order at 1035 a.m. Staff Present: Kristina Sc6weinler, Senior Iuspector, Department of Safety and Inspections (DS�; and Jean Birkhalz, Council Research Others Present: Sean Thao, Owner; Mala T6ao, manager, daughter; and Mala's mother Lonetti's Lounee: Liquor On Sale –100 Seats or fewer, Liquor On Sale – Sunday, Restaurant (3) –13-50 Seats, Restaurant (D) – Add-on and Entertainment (A) licenses Ms. Vang stated that this is an informal legislative heazing 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 concerns. If anyone has a concern, it automatically triggers a hearing. Other Class N licenses include: bars, entertainment, tattoo parlors, auto repair, auto sales, etc.—things that have an immediate impact on their neighbors. The City received one (I) letter of concern regarding this app]ication. Ultimately, there are three (3) possible outcomes from this hearing: I) Ms. Vang may recommend to the City Council 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 concerns, and she will review the letter(s) that were sent regarding this requesY. Ms. Schweinler, Senior Inspector, Department of Safery and InspecYions (DSI), reported that regarding Inspection Requirements: Building: N/A Environmental Health: approved License: Approval with conditions Zoning: Approval with conditions DSI recommends approval with the following conditions: 1. The licensee will limit requests for outdoor extensions of service to four (4) times per yeaz. 2. Licensee will apply for outdoor event licenses at least three (3) weeks in advance. Notice of the license application will be provided to the District Council at least three (3) weeks prior to the event. 3. Outdoor extensions of service wil] be limited to eight (8) hours duration and will be permitted only until 9:00 p.m. Sunday through Thursday and 11:00 p.m. on Friday and Saturday. 4. Licensee will provide noYice of outdoor extensions to all neighbors within a one (1) block radius of the establishment. Notices will be written in Spanish, Hmong and English. 5. The doors to the establishment will be closed at all times that amplified music is playing. Ms. Vang asked if these conditions are similar to the conditions placed on the prior establishment at this location. Ms. Schweinler responded that these are the same conditions. Ms. Vang asked if the prior Moonshine also had an Entertainment (A) license. Ms. Schweinler replied that it did. 1• .: Ms. Vang asked Ms. Thao if their family intends to do anything differently from the previous owners. Ms. Thao responded that the only different thing is that they are serving food which is an Asian/American cuisine. They are also expanding their exotic menu to include pig's feet, chicken feet, cow's tongue, etc. They also implemented a kids' menu as suggested by Scott Renstrom, Councilmember Bostrom's legislative aide. They consider their bar to be a nice, family-oriented neighborhood bar. They have lightened up the atmosphere and included karaoke on Tuesdays and Saturdays, 8:00 p.m. — 1230 a.m., which has drawn in the communiTy. Their goal is to present an Asian twist to baz food. Ms. Vang asked Ms. Thao if she has managed this type of business before. Ms. Thao replied that her pazents had owned East Side Thai prior to this for five (5) years. Before that, they owned another restaurant on University Avenue. They decided to bring in liquor because Ms. Thao had been a bartender for over ten (10) years, off and on. Ms. Vang asked how they ensure that younger folks are not ordering alcoholic beverages. Ms. Thao responded that everyone is carded, especially afrer 8:00 p.m. Anyone under riventy-one (21) is not permitted unless they are with their parents and that they are still eating. Everyone gets stamped; soon they will be moving to a wrist band. The busiest times are weekends. They are opened every day and have been opened since April 1, 2009. Ms. Thao explained that their employees are mainly family members; however, they have kept four (4) bartenders from the previous owners of which those employees have been with the actual bar for fifteen (15) or more yeazs. Ms. V ang read the letter of objection which included concerns about the uncontrollable noise and mess that the place causes every week. Ms. Vang asked Ms. Thao how they intend to address the noise and trash issue. Ms. Schweinler interjected that she thinks the letter writer is confused as to which bar this it. The letter writer is directly across the street from Pub East, which has many problems. The accounting business of the letter writer is also open during the day. The City has never had an issue with the Moonshine. Ms. Thao added that Pub East opens at 9:00 a.m. Moonshine doesn't open until 3:00 p.m. Last call at Moonshine is at 12:30 a.m., and there hasn't been a noise problem. There have been no complaints. The neighbor to the north says that he doesn't have a problem with noise or any problems with Moonshine's customers. Every now and then, Ms. Thao goes outside to make sure the smokers are keeping the noise down. Ms. Vang asked if they have had a chance to talk with Dayton's Bluff District 4 Community Council. Ms. Thao responded that they have and District 4 is very pleased with their plans. District 4 plans to hold some of their meetings at Moonshine and maybe an event. Ms. Schweinler added that District 4 waived the 45-day waiting period. Ms. Vang sYated that she will recommend to the City Council that they approve these licenses with the conditions recommended by DSI. The hearing was adjoumed at 10:50 a.m. /j ab � Green Sheet Green Sheet �• Green Sheet Green Sheet Green Sheet Green Sheet �� ` �epartmenVOffice/Council: Date InRiated: �o-�°°^°�� 2q_JUN-09 Green Sheet NO: 3071913 Contact Person 8 Phone: DepaRment Sent To Person InitiaUDate Nhia Vanp o ouo�a C� 266-8566 1 ouneil De artment Director ' 2 ' Clerk CtiNClerk I Must Be on Council Agenda by (Date): Number 24JUN-09 For 3 0 Routing 4 � Doc. Type: RESOLUTION Order 5 0 E-Document Required: Y Document Contact: Jean Birkholz ConWCt Phone: 266-8673 ToW I# of Signature Pages _(Clip All Locations for Signature) Action Requested: Approving the license application with condi[ions, per the Legislative Hearing Officer, for Liquor On Sale-100 Seats or fewer, Liquor On Sale-Sunday, Restaurant (3)-13-50 Seats, Restaurant (D)-Add-on and Entertainment (A) Licenses for Moonshine Saloon, 1179 7th Sueet East. Recommendations. Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following Questions: Planning Commission 7, Has this person/firm ever worked under a contract for ihis department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill nol normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet. Initiating Probiem, Issues, Opportunity (1Nho, What, When, Where, Why): Advantages If Approved: Disadvantages If Approved: Disadvantages If NotApproved: ToW1 Amount of CosVRevenue Bud eted: Transaction: 9 Funding Source: Activity Number: Financiallnformation: - (Explain) June 24, 2009 2:53 PM Page 1