09-856RESOLUTION
SAINT PAUL, MINNESOTA
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3 WHEREAS, Restaurants Unlimited d/b/a Kincaid's Fish, Chop & Steak House, located at 380 St.
4 Peter Street in Saint Paul, has requested issuance of a liquor outdoor service area (sidewalk) license; and
WHEREAS, the Council finds that issuance of the license will not interfere with the reasonable use
and enjoyment of neighboring property and residences and will not bear adversely on the health, safety,
morals and general welfare of the community; and
10 WHEREAS, the Council finds that the application is in order and that, with the additional license
11 conditions, there are no grounds for denial of the license; now therefore be it
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RESOLVED, that a liquor outdoor service area (sidewalk) license is issued to Restaurants
Unlimited d/b/a Kincaid's Fish, Chop & Steak House, located at 380 St. Peter Street in Saint Paul, subject
to the following license conditions:
1. The sidewalk cafe is an extension of the restaurant operation onto a part of the public
sidewalk which immediately adjoins the licensed premises.
2. No sidewalk cafe shall be permitted in any portion of the public sidewalk where normal
pedestrian traffic flow is obstructed. A minimum cleazance width of forty-eight (48) inches
must be maintained on the public sidewalk at all times.
3. No tables, chairs or any other fumishings, except plant tubs, shall be placed in the area used
for the sidewalk cafe during any period when the sidewalk cafe is not open and being
operated. While such cafe is in operation, all tables and chairs shall be kept in a clean,
sanitary condition.
4. The use of a portion of the public sidewalk as a sidewalk cafe shall not be an exclusive use.
All public improvements, including but not limited to trees, light poles, traffic signals, pull
boxes or manholes, or any public-initiated maintenance procedures, shall take precedence
over said use of the public sidewalk at all times.
5. If plant tubs are included in a sidewalk cafe, it shall be the duty of the licensed food
establishment to maintain each plant tub at all times in a safe condition at its proper location
and to inspect each such tub periodically in order that it may be properly maintained. Trees
or plants and their tubs shall at all times be kept in a neat, clean and presentable condition.
No advertising matter or sign or writing of any kind shall be displayed upon any tree or
plant or its tub. (NOTE: Plant tubs left out over night require a Public Works Obstruction
Permit. Licensee agrees to obtain this permit if necessary (ca11 65 1-266-61 5 1 to obtain this
permit)).
6. No outdoor food and/or beverage preparation is allowed on a public sidewalk without prior
approval and additional licensing from DSI.
SUSPENSION ITEM Council File #��— Q ✓S �
_ Green Sheet # 3074557
/ �� �
40 7. Licensee agrees to obtain and maintain an active Obstruction Permit from the Department of
41 Public Warks, and remain in compliance with this permit, at all times the sidewalk cafe is in
42 operation.
Adopted by Council: Date a� �
Adopri rtifi by ouncil Secret
By:
Appro y �ay D �`v
By:
Reques ed by Department o£
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Approved by the Office of Financial Services
By:
Approved b City Attomey
BY T�
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Approved by Mayor for Submis � n to Counc�l
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
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DepartmentlOfficelCouncil: Date Initiated: � ( �'� �
co -�°°°��� o5-A��9 Green Sheet NO: 3074557
ContaM Person 8 Phone: Department Sent 7o Person InRiailDate
CM Thune y o onoca 0
I onncil �
Assign 2 " C7erk 0
Must Be on Council Agenda by (Date): Number 3 �
Routing 4 0
Doc.7ype:RE50LUTION Order 5 �
E-DOCUmentRequired: Y
Document Contact:
Contact Phone: 266-8620
7otal # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Approving the license application, with conditions, for a Liquor Outdoor Service Area (sidewalk) license for Restaurants Unlimited,
d/b/a Kincaid's Fish, Chops & Steak House, 380 St. Peter St.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions:
Planning Commission 7. Has this personlfirm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a ary 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 separate sheet and attach to green sheet.
Initiating Probiem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages If Approved:
Disadvantages If Approved:
Disadvantages If Not Approved:
Total Amount of
Trensaction: CosURevenue Budgeted:
Funding Source: Activity Number:
Finan cia l Infortnation:
(Explain)
August 5, 2009 3:07 PM Page 1