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09-817Council File #� Green Sheet # 3p'J3//?� RESOLUTiON PAUL, MINNESOTA Presented by �/ WHEREAS, the Deputy Legislative Hearing Officer recommends that the application for (I.D. #20090001055) Wine On Sale, Malt On Sale (Strong) and Restaurant (3) —13-50 Seats licenses for Green Mill Inn LLC, doing business as Green Mill (Bin1342), 1342 Grand Avenue, be approved with the following conditions: Per City of Saint Paul Legislative Code 409.15—The sale of Wine On Sale and Malt On Sale (Strong) will take place only in conjunction with the sale and service of food (Menu item only). Copies of gross/revenue receipts (from the sales of food, wine and beer) showing at least sixty (60) percent attributable to the sale of food shall be made available for review upon request of the director of the Department of Safety and InspecCions (D51) or his/her designated representative. 10 11 12 ]3 ]4 15 16 17 18 19 20 21 22 23 24 25 2. All corrective orders relating to food code violations cited during inspections of the main kitchen will be issued to 7he Green Mill Inn LLC, d/b/a Green Mill located at 57 Hamline Avenue South 3. Any adverse action taken under Saint Paul Legislative Codes 331A and 310 for failure to correct food code violations cited during inspections of the main kitchen will be against the Restaurant — (5) license held by7he Green Mill Inn LLC djb/a Green Mill for the premises located at 57 Hamline Avenue South in Saint Paul. 4. The service counter seating shall be limited to a maximum of ten (10) seats. 5. A Designated Drive Program shall continue to be promoted within the restaurant. 6. No dumping of glass and bottles into dumpsters by Green Mill clean-up staff before 7:00 a.m, and after 10:00 p.m. 7. No pick-up of trash and/or recyclables before 7:00 a.m. on weekdays or 9:00 a.m. on weekends. THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application with the aforementioned agreed-upon conditions. Yeas Na s Absent Bostrom ✓ Carter ,/ Harris Helgen .,/ '` Lantry Stark Thune � � Requested by Department of: � Form Approved by City Attorney By: Adopted by Council: Date �` ��� G Adopt�n,Certifi d y ouqcil Secretary / I By: Appro' by Dete 0 By: Form Approved by Mayor for Submission to Council B z6 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � n�i-f� I � � DepaRmenUOffice/Councii: pat¢ Initiated: � � � � co-�°°°°�� 27-JUL-09 Green Sheet NO: 3073112 � Contact Person 8� Phone: {� � DeOartment Sent To Person Initial(Date I, Nhia Vang I y o ouncil 0 266-8 � 1 ouncil De xrtment Director � ��g� 2 'tv Clerk Cti Clerk � Must Be o� Council Aqenda 6y (Date): Num6er 0 I 05-AUG-09 For 3 Routing 4 0 �Doc.7ype:RE50LUTION Order 5 0 E-Document Required: Y Document ConWCt: ��n Birkholz Contact Phone: 266-8673 Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approving the ]icense application with conditions, per the Deputy Legisla[ive Heazing Officer, for Wine On Sale, Malt Oa Sale i(Strong) and Res[aurant (3) - 13-50 Seats Licenses for Green Mill Inn LLC, domg business as Green Mill (Bin1342), 1342 Grand Avenue. Recommendations� Approve (A) or Reject (R)� Personai Service Contrects Must Answer the Following Questions: Planning Commission 1. Has this person/firm ever worked under a contrect for th�s department? CIB Committee Yes No Croil Service Commission 2. Has this persoNfirm ever been a city employee? Yes No , 3. Does this person/frm possess a skill not normally possessed by any current ciry empbyee? Yes No F�cplain all yes answers on separate sheet and attach to green sheet. I�itiating Problem, IssueS, Opportunity (Who, What, When, Where, Why): AdvanWges If Approved: Disadvantages If Approved: Disadvantages If Not Approved: Totai Amount of I Transaotion: _ CostiRevenue Budgeted: Funding Source: Activity Number. Financial lnfortnaiion: I (Explain) � Juiy 27, 2009 2:03 PM Page 1 LICENSE HEARING MINUTES b � `� Green Mill (Bin1342), 1342 Grand Avenue Thursday, July 2, 2QQ9, 10:00 a.m. 330 City Hall, 15 Kel{ogg Boulevard West Nhia Vang, Deputy Legislative Hearing Officer The hearing was called to order at 10:03 a.m. Staff Present: Kristina Schweinter, Senior Inspector, Department of Safety and Inspections (DSI); and lean Birkholz, Councif Research Others Present: Chris Bangs, President; Mary Jule Erickson and Jim Kreiser, Green Mill Inn, LLC Bin1342: Wine On Sale, Malt On Sale (Strong) and Restaurant (3) —13-50 Seats licenses Ms. Vang stated that this is an informal legislative 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 concerns. If anyone has a concem, it automatically triggers a hearing. Other Class N lice�ses include: entertainment, tattoo parlors, auto repair, auto sales, etc.—issues that ha�e an immediate impact on their neighbors. The City received four (4) letters of concern regarding this appfication. Ultimately, there are three (3) possible outcomes trom this hearing: 1) 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 wiil 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 wifl be asked to explain their review of the application and to state 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 license application. Ms. Kristina Schweinler, Department of Safety and fnspections (DSI), reported that regarding Inspection Requirements: Building: under review (construction of bathroom) Environmental Health: approved License: approved with conditions Zoning: approved with conditions DSI recommends approval with the following conditions: 2. 3. Per City of Saint Paul Legislative Code 409.15 —The sale of Wine On Sale and Malt On Sale (Strong) will take place only in conjunciion with the sale and service of food (Menu item only). Copies of gross/revenue receipts (from the sales of food, wine and beer) showing at least sixty (60) percent attributable to the sale of food shall be made available for review upon request of the director of the Department of Safety and Inspections {DS!) or his(her designated representative. Ail corrective orders relating to food code violations cited during inspections of the main kitchen will be issued to The Green Mill Inn LLC, d/b/a Green MiII located at 57 Hamline Avenue South Any adverse action taken under Saint Paul Legislative Codes 331A and 310 for failure to correct food code violations cited during inspections of the main kitchen will be against the Restaurant Green Mill (Bin1342), 1342 Grand Avenue Page 1 of 3