09-874Council File # � Q �
Green Sheet # J (p
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Presented by
RESOLUTION
ITY OF SAINT PAUL, MINNESOTA
_ f,�_',�
a�
WHEREAS, on May 8, zoo9, the Deputy Legisiative Hearing Officer conducted a public hearing to review
the request of T's Discount Liquor IV Inc. (I.D. #zoo80003854), doing business as Big Discount Liquor, at
945 Rice Street, to remove Iicense condition #�:
�. This license sha!! not permit the sale of the following: distilled spirits in containers of 50
mi0iliters or less (miniatures), distilled spirits in half pint containers, fortified beers or wines or
single service containers of malt tiquor (including 40 oz. bottles).
from the existing license conditions for Liquor Off Sale, Retail Food (A) - Grocery �-ioo sq. ft. and
Cigarette/Tobacco, and
WHEREAS, the Deputy Legislative Hearing Officer heard testimony and reviewed materials presented by
the City's licensing staff, the applicant's representative and other interested parties and based on her
findings, she makes the recommendation that the Saint Paul City Council remove condition #� as stated
above and preserve the existing license conditions:
i.
r�
3•
Per State of Minnesota Statute 34oA.4�z, Subd. 14 - a liquor store may seil oniy the following
items: (i) alcoholic beverages; (z) tobacco products; (3) ice; (4) beverages for mixing with
intoxicating liquor; (5) soft drinks; (6) liquor-filled candies; (7) food products that contain more
than one-haff of alcohofic beverages; (�o) magazines and other publications pu6lished primarily
for information and education on alcoholic beverages; and (1t) home brewing equipment.
When the planned expansion of the off-sale retail area is complete (anticipated by 6��Jo9), the
licensee shall contact the Saint Paul Police Department (SPPD) to re-evaluate the camera
location/security plan and shall implement any changes they deem necessary. This security
installation shall be completed within thirty (30) days of the completion of the expansion.
The licensee shall provide and maintain working video surveillance cameras and recorders on the
premises. Tapes)recordings must be maintained for a minimum of thirty (30) days, and there
shall be an employee on-staff at all times with the ability to make them immediately available to
the SPPD and/or the Department of Safety and Inspections (DSI) upon request.
for T's Discount Liquor IV Inc., and
WHEREAS, on referral, the Deputy Legisfative Hearing Officer conducted a second public hearing on July
9, zoo9, to again review the request of T's Discount Liquor IV Inc. in light of newly received information;
and
WHEREAS, the Deputy Leg+slative Hearing Officer reviewed materials and heard testimony from the
City's licensing staff, the applicant's representative and other interested parties, and wilf reconsider her
recommendation to explore other alternatives that would work, and
WHEREAS, after a meeting with DSI staff and Mr. Theng Ku, owner, the following conditions were
agreed upon for approval and signed on August i, zoo9:
�. This license shall not permit the sale of the following: distilled spirits in containers of 5o milliliters
or less (miniatures), distilled spirits in half pint containers, fortified beers or wines, or single service
containers of malt liquor (including 40 oz bottles).
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z. Per State of Minnesota Statute 34oA.4iz, Subd. �4 - a liquor store may sell only the following
items: (i) alcohoNc bevereges; (z) tobacco products; {3) ice; (4) beverages for mixing with
intoxicating fiquor, (5) soft drinks; (6) liquor-filled candies; (7) food products that contain more
than one-half of afcoholic beverages; (to) magazines and other publications published primarily for
information and education on alcohofic beverages; and (ii) home brewing equipment.
3. When the planned expansion of the off-sale retail area is complete (anticipated by 6/i/o9), the
Ifcensee shall contact the Saint Pau! Police Department {SPPD) to re-evafuate the camera
locationjsecurity plan a�d shall implement any changes they deem necessary. This security
instalfation shall be completed within thirty (30) days of the completion of the expansion.
4. The licensee sha11 provide and maintain working video surveillance cameras and recorders on the
premises. Tapes/recordings must be maintained for a minimum of thirty (30) days, and there shall
be an employee on-staff at a!1 times with the ability to make them immediately available to the
SPPD andJor the Department of Safety and inspections (D51) upon request.
5. Gondition #t shall be suspended for ninety (90) days from the date of approval of this change by
tfie City Council to allow the licensee to sell bottie sizes prohibited in condition #i. The condition
will be placed back on the license at the end of ninety (qo) days unless the City Council approves a
resolution to either extend the suspension or permanent{y remove the license condition. Prior to
November �, zooq, the Legislative Hearing Officer will notify interested parties and hold a hearing
to make a recommendation to the Council regarding the status of the bottle size condition.
6. Licensee will pick-up trash and litter daily in the parking lot and in the City park behind the
business.
7. The licensee will provide security no fewer than three days
panhandting and other nuisance behavior around the business.
8. The licensee will post no loitering signs inside and o�tside
discourage patrons from foitering outside of the business.
per week to discourage loitering,
of the business and will actively
THEREFORE, BE IT RESOLVED, that the Council of the City of Saint Paul hereby approves this agreed-
upon modifications to insert conditions #5, #b, #7 and #8 in exchange for removing condition #i, and
NOW, THEREFORE, SE IT RESOLVED, that the Council of the City of Saint Paul hereby approves the
aforementioned agreed-upon modifications to the licenses for Liquor Off Sale, Retail Food (A) - Grocery
i-ioo sq, ft. and Cigarette/Tobacco for T's Discount Liquor IV Inc. (I.D. #zoo80003854), doing business as
Big Discount Liquor, qq5 Rice Street.
Yeas Nays Absent
Bostrom �/
Carter ,/
Harris ,�
Helgen ,�
Lantry /
Stark �
Thune �
Requested by Department of:
�
Form Approved by City Attorney
6y:
Adopted by Date j "
Council: `���/��
Adoption Certified by Co x�cil Secretary
BY� / / i; �a
Approved � Date
Mayor: �f �
BY� .7�.0 n i i(s��..k -
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Form Approved by Mayor for Submission to
Council
�
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
)epaRmentlOffcelCouncil: � Date Initiated: �
a�����
co-�°°°°�� � o�-A��-og ; Green Sheet NO: 3074696
� ContaM Psrson & Phone:
� Nhia Vang
! 266-8566
Must Be on Council Agenda by (Date):
12
Doc. Type: RESOLUTfON
E-Document Required: Y
Document Contact: Jean Birkholz
Contad Phone: 266-8673
�
Assign
Number
For
Routing
Order
0 Conneil 4 I
I Council � - Departm me A rrec ot i
2 City Clerk � C1ty Clerk i
3 �' I
4 ' (�
5 I I�
?otal # o f S Page _(C lip A� l Locations for Signature)
Action Requested:
Approving the agreed-upon modifications to the licenses for Liquor Off Sale, Reta.i] Food (A)-Grocery 1-100 sq. ft. and
Cigarette/Tobacco for T's Discount Liquor N Inc, doing business as Big Discount Liquor, 945 Rice Street.
Recommendations: Approve (A) or Reject (R):
Planning Commission
Cl6 Committee
Civil Service Commission
Personal Service Contrects Must Answer the Following Questions:
1. Has this personlfirm ever worked urMer a conNact for this department?
Yes No
2. Has this personlfirm ever been a city employee?
Yes No
3 Does this personnrm possess a skitl not normally possessed by any
current city employee?
Yes No
Expiain all yes answers on separate sheet and attach to green sheet.
lnitiating Problem, Issues, Opportunity (Who, What When, Where, Why):
Adva�tages If Approved:
OisadvanWges If Approved:
Disadvantages If Not Approved:
Total Amount of
Transadion:
Punding Source:
Financ7allnformatfon:
(Explain)
CosVRevenue Butlgeted:
Activity Number:
August 18, 2009 9:50 AM Page 1
� Green Sheet Green Sheet
Green Sheet Green Sheet Green Sheet Green Sheet
n� �s��r�
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, -.,
Department/Office/Council: Dateinitiated: Green S�eet IYO. 3V74696
CO — Councif 06
Contact Person & Phone: Deoartment Sent To Person InitiallDate
Nhia Vana y o ou�cil 0
266-8566 1 ouncil De artrnentDirector
Assign 2 � Clerk Ci Cierk
I Must Be on Council Agenda by (Date): Number 0
� 12-AUG-09 For 3
Routing 4 0
Doc.Type:RESOLUTION ��de� 5 0
E-DoGUmentRequired: Y
Document ContacY .1ean Birkholz
Contact Phone: 266-8673
Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Approving the agreed-upon modifications to the licenses for Liquor Off Sale, Retail Food (A)-Grocery 1-100 sq. ft. and
Cigarette/Tobacco for T's Discount Liquor I V Inc, doing business as Big D�scount Liquor, 945 Rice Street.
Recommentlations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions:
Planning Commission �. Has ihis perSOn/Firm ever wofked under a contract for this department?
CIB Committee Yes No
Ciwl Service Commission 2. Has this person/firm ever been a city employee?
i Yes No
3. Does this person/firm possess a sk�ll not normally possessed by any
current city employee7
Yes No
Explain afl yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
AdvanWges If Approved:
Disadvantages If Approved:
Disadvantages If Not Approved:
Totat Amount of CostlRevenue Bud eted:
Transaction: g
Funding SvurGe: Activity Number.
Financial Information:
(Explain)
August 6, 2009 10:28 AM Page 1
z" LICENSE HEARING MINU7E5 vy�v� 1
Big Discount Liquor, 945 Rice Street
Thursday, July 9, zoo9, �o:oo a.m.
33o City Haff, i5 Keilogg Boufevard West
Nhia Vang, Deputy Legisfative Hearing Officer
The hearing was called to order at to:o5 a.m.
Staff Present; Kristina Schweinler, Department of Safety and Inspections (DSI); and Jean Birkholz, Council
Research
Others Present: Greg Heck, CPA, Harrington� Langer and Associates, building and financial manager for
Theng Ku, owner; Kerry Antrim, District 6 Planning Council; Linda Youngwirth, Tri Area Block Glub; Marty
Krzywicki, near neighbor and founder of the Take It Back Block Club; Matt Toupal, Saint Paul Police
Department, security officer.
Big_Discount Liquor: Request to modify existing license condition(s), specifically to remove condition #t:
This license shall not permit the sale of the following: distilled spirits in containers of 5o milliliters
or less (miniatures), distilled spirits in half pint containers, fortified beers or wines or single service
containers of malt liquor (including 40 oz. bottles).
Ms. Vang stated that after the first hearing on May 8, zoo9, the City Council requested that she conducted
another hearing in light of the concerns that had been raised. The purpose of today's hearing is to discuss
those concerns, understand what has changed since the first hearing, hear D51's recommendation and hear
from others who are here in support or in opposition. This information will be used to help Ms. Vang to
make her recommendation to the City Council.
Ms. Vang asked staff to present their recommendation. Ms. Schweinler responded that at this time, the D51
has no recommendation. Ms. Vang asked staff if anything has changed since the last hearing. Ms.
Schweinler replied, "No." Ms. Vang asked why there is no recommendation from DSI at this point. Ms.
Schweinler responded that DSI feels that this is a community concern and iYs up to District 6 and the license
holder to come to amends.
Mr. Greg Heck, representing Mr. Ku, owner, addressed the hearing. He stated that he manages a lot of Mr.
Ku's business affairs. Mr. Ku asked Mr. Heck to represent him here because he felt that Mr. Heck was more
in tune with the situation. From their end, nothing has changed; the store has been operating quite well.
There have been very few problems. Mr. Heck stated that when they applied for the original license, they
were told by D51 that most new licenses fall under these parameters of limitation and that after the fact;
they could go ahead and apply to get those limitations lifted. The condition limits the sale of "minis," high
alcohol content beers or "fortified wines." They feel that they should be able to provide a full line of
products to the neighborhood as other liquor stores around the area are alfowed to do. Originally, Mr. Heck
questioned why they were being limited. DSI informed him that it was their process for new liquor ficenses
and that the limitations are standard. DSf also stated, at the time that, they woufd need to go through the
process of getting that first, and then, at a later date, apply to get those limitations lifted.
Ms. Schweinler added that conditions were placed on the license at the time because of district council's
request. It is a common condition put on many off-sale liquor licenses. The process always is that if the
applicants wish to modify the condition on their ficenses, they do so in writing. The neighborhood is notified
and hearings are held. This is a standard process for a new business if requested by the district council. Mr.
Heck and Mr. Ku had agreed to the conditions at the time. Then at the beginning of zoo9, they requested to
have the license modified to have condition#t removed.
Page 1 of 7
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Ms. Vang asked Mr. Heck about the sizes, prices and brands of the singfe containers they would fike to sell.
Mr. Heck responded that the brands are various. Single servings include: �} a quart serving of beer (3z oz};
z) a 40 oz bottle of beer; 3) a zi oz can of beer, 4) a"mini" is a z oz or 3 oz bottle or less than a%z pint of hard
liquor. Some of the more prominent brands include: i) Colt 45; z) Miller; 3) Budweiser; 4) etc. Prices range
from $z.5o to $3.5o for a singfe serving. Ms. Vang asked whether Mr. Ku's other locations sell single serving
containers. Mr. Heck responded that they do. M5. Vang asked Mr. Heck what Mr. Ku's gross receipts are for
those single serving containers at the other stores. Mr. Heck replied that as a percentage of his whole
volume, it's probably 5Y - 6%. Ms. Vang asked if there are any particular issues regarding the sale of single
containers at Mr. Ku's other stores. Mr. Heck responded that there are no issues.
Ms. Kerry Antrim, District 6 Planning Council, addressed the hearing. Ms. Antrim stated that on November
zo, zoo8, a letter was sent concerning T'S Discount Liquor, doing bu5iness as Big Discount Liquor at 945 Rice
Street (corner of Front and Rice). That location was previously the Super America. Now, there's a Snap
Market, Subway, Sig Discount Liquor, etc. Historicafly and traditionally, the corner of Front and Rice has
been a problem corner. People are seen Ioitering there. A bus stop used to be at that Iocation and was
removed about eight (8) months ago. The owner was present at the district's Land Use Task Force meeting
in November. Others attended the meeting and included folks from the Tri Area Block Club (oldest
established block club in Saint Paul and adjacent to a cross street) and folks from Front Avenue. The reason
that the District 6 Planning Council Task Force approved this application is because of the conditions that
were placed on it by DSI, specificalfy, conditions #�, #3 and Jf4. The district received the notification with
condition #i already on it; the district did not request that it be put on. Ms. Vang noted that DSI staff stated
that condition #i was recommended by District 6. Ms. Schweinler added that she was not sure but would
verify with her colleagues, Jeff Fischbach and Mr. Reid Soley, about the notification. Ms. Schweinler stated
that sometimes a boiler plate notice is sent out. Also, there were no conditions on the former license. Ms.
Antrim stated that if condition #� had not been on the paperwork, District 6 wouid have asked that it be put
on in their letter of November zo, zoo8, sent to Marcia Moermond, Legislative Hearing Officer:
District 6 Planning Council's Land Use Task Force met November �8, zoo8 and
recommends the approval of the above referenced licenses for 945 Rice Street.
However the Task Force would like assurances that there will be working security
cameras in and outside of the establishment and a CPTED pfan be worked out with
the Saint Paul Police Department, including but not limited to lighting and signage
issues. The Task Force would also like to discuss wiCh the owner signage.
Ms. Antrim added that the applicant agreed to these things as well as condition #i at their November i8,
�008 meeting. Ms. Vang asked if the applicant �nderstood at that time that he fiad the option to have
condition #t removed. Ms. Antrim responded that he may have. If Mr. Heck, representing Mr. Ku, had not
agreed to condition #Fi at the November i8"' meeting, District 6 would not have approved the application.
District 6 would have sent in a recommendation for denial for that license because condition #� was not on it.
Ms. Vang asked Mr. Heck if Mr. Ku knew at the time that he could have had condition #i removed when he
met with District 6 back in November, zoo8. Mr. Heck replied that he did not. Their understanding was that
this was standard practice. The prior liquor store had an unconditional license. Since Mr. Ku was expanding
the store, he had to get a new license. Mr. Heck inquired as to why these limitations (conditions) were
placed on the license and was told by DSI that it was standard practice. According to his conversations with
D51 staff, after the store was in operation for a few months and was shown to be a good operation, they
could come in and request to have condition(s) removed.
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Ms. Vang asked how the current store's size compares to the former store. Mr. Heck replied tha[ the store is
probabiy a little more than double the previous size. Ms. Vang asked if the prior liquor business was allowed
to sell single serving containers. Both Ms. Schweinler and Mr. Heck responded, "Yes." Ms. Vang then asked
why there is such a big distinction now between the prior business and this new business. Ms. Antrim stated
that she thinks iYs because of the location of the business. As an aside, she added that at that November �8,
zoo8 meeting, their Land Use Committee Chairman, Jeff Martens, actually abstained from voting on this
issue because he shops at one of the other stores that Mr. Ku owns and says that he operates a great
business. The issue is not about the owner or the business, per se; it's about the safe of these smaller
containers. She went on to say that tfie Rice Street area fias been difFicu{t and indicated that the location is a
tough fittle corner. A bus stop was moved. More lighting was erected in Lewis Park. A restaurant near there
has lost its license. Ms. Vang asked Ms. Antrim whether loitering has increased or decreased with these
changes. She responded that it has stayed about the same. Mr. Heck added that there's a lot of loitering on
Rice Street, in general, but since he's managed the mall for the past ten (�o) years and since they are now
owner-occupied, he befieves that the mall is cleaner and safer than iYs ever been. Ms. Vang asked if there
are currently no loitering and littering laws in the City of Saint Paul. Ms. Antrim responded that there are,
and that currently there are no littering issues on Front and Rice that come from this establishment. Mr.
Heck noted that they have someone picking up fitter every day on that lot and they do have on-sight security
{off-duty St. Paul police officers}.
Ms. Vang asked whether a study was conducted in this area that would directly link the single serving
containers to the increase in public intoxication or other problems. Ms. Antrim replied, "No." Ms. Vang
directed the question to City staff. Ms. Schweinler responded that at one point, a study was done. She
doesn't know if it had been completed or what the outcomes were. Ms. Antrim added that she thinks it's
more of a perception and people are just worried that the sale of small containers will only escalate the
loitering and other problem issues on Rice Street. Ms. Vang asked if this is the direction that the district
councils are going -- that any new business opening a liquor store would need to have this condition put on
their license, permanently. Ms. Antrim replied that maybe it could be revisited. She added that since
condition #i was already on their paperwork, District 6 did not discuss it because they were under the
impression that the applicant was alI right with that condition. Since the business has already been in
operation for approximately nine (g) months, Ms. Vang asked Ms. Antrim if it was worth having a discussion
about removing condition #t considering Mr. Ku's overall ownership, management, etc., and that it has gone
well. Ms. Antrim responded that removing condition #� at this time is putting the cart before the horse
because the condition should have not been on the ficense initially. Then, if there were problems, the
condition could have been put on. She does know that everyone in the neighborhood is trying very hard to
improve things.
Mr. Heck responded by saying that aN of the liquor stores they operate besides this one are very clean and
run the same way. Whether condition #i is on the license or not, they are not trying to run this particular
store extra well in order make a good first impression. Rather, they have a standard way of operating their
stores. They are not trying to impress people, temporarify, to get the condition lifted. Anyone in the
neighborhoods surrounding their liquor stores will attest to how well their liquor stores are operated and
how clean they are.
Ms. Vang stated that whatever decision comes out of this whether from this hearing or from the City Council
is going to be a hard decision. fYs a no-win situation and not everyone is poing to be happy. She would like
to find some way to make it work for both sides. ft's a tough situation.
Sgt. Matt Toupal, Saint Paul Police Department, addressed the hearing. He was asked by Mr. Ku to come to
this hearing to state that he works off-duty at the strip mall and to answer any questions that may arise
regarding his off-duty work there, the changes that have occurred, etc. He knows that the security cameras
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at the store are quite extensive compared to what was there under the former owner. The cleanliness has
improved significantly. Sgt. Toupal has worked very hard with this neighborhood and District 6 to keep this
area clean. Ms. Vang sa+d that from the police report, she noticed that there are a lot of police visits to the
mall. She asked if they are private, off-duty visits or city visits. Sgt. Toupal answered that if they are listed as
PPVs (Proactive Police Visits), he has officers go out and make visits to particular businesses for a variety of
reasons. Sgt Toupal noted that off-duty officers are up at Big Discount Liquor Store Thursdays, Fridays and
Saturdays for three (3) hours in the even+ngs. Conceming the police report, 945 Rice Street includes the
Asian Cuisine which is closed. The only active businesses include: Big Discount Liquor; Hi-Lite Market; and
Subway. Next to Subway, there's a gap where the garbage bin is stored. The next lot is Snap Market, 957
Rice. Ms. Vang asked if this location is visited more by the Police Department compared to any other
Iocation within this area. Sgt. Toupal replied that the Snap Market, g57 Rice Street, is visited more. There
was a shooting about one (�) month ago and there's been drug sales in the parking lot. Sting operations
have been set up at the Snap Market. Sgt. Toupal explained that the City of Saint Paul will allow businesses
to grant the Saint Paul Police Department authority to work as iYs agent to trespass individuals on
properties. �n this particular case, there are placards posted at both 945 Rice and 957 Rice. So, if Sgt. Toupal
goes up there and sees some type of illegal activity, loitering, etc., it gives him the authority as the agent for
the business to tell that individual that he has been trespassing. The GRID unit has played a large part in
getting stay away orders in that area for prostitution and also for thefts. There has been a fot of work done
in that area. Sgt. Toupal and the GRID unit have played a significant role in providing a lot of attention to the
area. 7he result is that there are far fewer activities today in that area than a year ago. Ms. Vang asked if
there is theft occurring at this Iocation. Sgt. Toupal answered that since Mr. Ku has taken over the store,
there have been perhaps, five (5) to seven (7) thefts, which have been proven because of Mr. Ku's
s�rveilfance cameras and the knowledge of the neighborhood. Ms. Vang asked if selling single serving
containers would increase the likelihood of more theft. Sgt. Toupal replied that in his opinion, he would say,
"Yes." He continued to explain that it depends on the clientele and whether they are intoxicated when they
come in; it depends on the placement of the containers, etc. He added that regarding the former business
that sold single servi�g containers, there fiad been thefts of the z� oz cans more so than the 40 oz bottles.
Historically, when people go into a liquor store to steai, they wiff steal bottles of hard liquor, the ones that
are more expensive. Sgt. Toupal described that a year ago, the entryway into this liquor store was the site of
a lot of drug dealings. Many stings had been set for that entryway. Today, the drug dealings there are 85%-
goY gone. The activity at that strip mall compared to last year has significantly improved. He said that he
has invested the last four (4) years of his life trying to make Rice Street a better place to be. His goal is to
clean-up the area, totally. Regarding this particular store, he believes that no other store in Saint Paul has
people working that have better knowledge or experience or more avenues to take to eliminate the
problematic issues that may arise due to the working relationship with District 6, the Saint Pauf Police
Department and the City of Sai�t Paul's City Attorney's office. Ms. Vang asked Sgt. Toupal if he thought Yhat
selling single containers would increase or bring back the negativity that he described. Sgt. Toupal stated
that in his opinion, he doesn't doubt that it may attract different people but many of the current clientele
wish that the store would sell the single serving containers. He hopes that whatever issues that may crop
up, he can eliminate them quickly or work with the right people to get things adjusted. Mr. Ku is open to
what Sgt. Toupal suggests and follows those suggestions. He suggested that the 40 oz bottles be placed in
a specific cooler that is cfearly visible to the employees at the counter and put the half pints, etc., behind the
counter. Mr. Heck assured Ms. Vang that it Sgt. Toupai recommended a pian, he and Mr. Ku would follow it.
He went on to say that typically, half pints are behind the counter and the minis are definitely within an
enclosed case, so that a client has to request to get them.
Sgt. Toupal noted that he supports a neighborhood that is clean and devoid of crime. Ne appiauds District 6
for the work that they have done and for the help that they have given him. He stated that he is present at
the hearing not to oppose against District 6's viewpoints, but that he is present just to answer questions
about what he knows about working off-duty at the mal�. He added that he doesn't know whether this
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license will bring any negativity at all but he knows that if things were not working, he'd be the first one to
stand up against it.
Ms. Antrim responded that the District 6 Planning Council has all the faith in the world in that Sgt. Toupal will
do as he says, and that he has worked tirelessly to ensure that things are going well at Rice and Front.
Mr. Marty Krzywicki, landlord and owner of a house directly behind the shopping center, and founder of the
Take It Back Block Club, which includes Big Discount Liquor in its GRID district, addressed the hearing. He is
representing himseff and the block dub. The Take tt Back Block Club is located in the specific area of 945
Rice Street. The 61ock dub (z3 members) is sma!! and has received nothing but cooperation from the liquor
store. A while ago, there was a mugging just south of the store. The street lights there were out. For three
(3) months, Mr. Krzywicki tried to get the City of Saint Paul to fix them. Finally, it was figured out that they
were hooked into the vacant restaurant. Then, Mr. Krzywicki contacted the owner and two (z) days later,
the street lights were tixed. He does his job; there's no messing around with him. The block club has
designed their own block club flag (the first one in the nation), which will be displayed on the flag pole
within the shopping center along with the United States flag. The girls scouts are sewing it now and it will
be finished in time for their September Kick-off. The name of the bfock club wilf be on it together with a
silfiouette of a pofice car and a silhouette of a little guy wearing a mask, who's running away. Block club
homeowners will afso have a flag displayed on a pole at each one of their homes. These flags are designed
to let the bad guys know that the Rice Street — Front Avenue territory is taking back their neighborhood.
The block club's big kick-off will be taking place in September. They will block off some of the parking fot
owned by Mr. Ku. Entertainment wilf include: i) gospel singers; z) Cambodian dancers; 3) SPPD bike rodeo;
and 4) singers. Mr. Krzywicki went on to say that he has lived behind the mall through many ownerships of
the shopping center. Mr. Ku is the guy that the neighborhood has always hoped for. He admits that the 40
oz bottles are a pain in the neck because of the type of clientele they draw. However, the block club
recommended that the mall provide additional police protection instead of just the three (3) days. They
asked for more days. It's very important for the neighborhood to have that assurance. That's a real benefit
for the block club because a lot of the area people are in wheel chairs. So, it would mean that at the times
when there is police protection would be safe times for them to go to the store.
Ms. Vang asked how long their Take It Back Block Club has been in existence. Mr. Krzywicki responded they
are new, perhaps five (5) months old; they are in existence at the recommendation of the GRID team. The
team and the Iiquor store are in GRID 70. (Mr. Krzywicki provided a map of District 6 on which he outlined
the Take It Back Block Club territory and the Tri Area Block Club territory.)
After hearing both Sgt. Toupal and Mr. Krzywicki discuss the problems associated with selling small
containers, Ms. Antrim wondered why the City is going to this extent to consider alfowing Big Discount
Liquor to sell single small containers. Ms. Vang cfarified that although it may be difficuft to allow the sale of
single small containers, it is a state licensed business and they have a fegaf right to operate. The City can
impose conditions on their business but their management is a private matter.
Ms. Linda Youngwirth, Tri Area Block Club, addressed the hearing. Ms. Youngwirth agreed that their block
club is not right next to this particular area and are not in competition with Marty's block club but they
weigh in on a lot of issues in the North End because they have worked for about twenty (zo} years now to
try to improve the quality of life not just in their GRID but throughout the whole North End community.
People from the whole Nortfi End go to Rice Street to shop, dine, use bus service, drive through and walk.
When iYs something that they feel is community-wide and afEects the whofe comm�nity, the block club will
weigh-in on issues, and there are times when District 6 has even asked them to participate. This area has had
partic�Iar problems in the past which keeps people from other parts of the North End away. So, iYs not a
question of how someone is running the business, iYs that focation which has been a problem. The fact that
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the police have had to concentrate their efforts and continue to concentrate their efforts on that area
explains that the problems there have not yet turned around. If everyone is doing everything they can to try
to make that a better area then we certainly don't want to do somethin� that might cause a set back. Ms.
Youngwirth added that so far in the testimony, she has not yet heard anything that establishes the need to
sell single small containers (the business is doing well). District councifs are requesting conditions be pfaced
on licenses when requests come through, especially in neighborhoods that are struggling. Peopfe in
communities are tired of everything being a struggle to try to turn the neighborhood around. Ms.
Youngwirth reiterated that at the District 6 Land Use meeting, the recommendations were all agreed upon,
and soon afterward, the applicant wants to remove one of the conditions. "What was the point of the
public process? What was the point of community input?" Ms. Vang responded that businesses have the
right to have their license conditions modified.
Mr. Heck responded that problems don't dissipate, they just move. He questioned how they would measure
the neighborhood improving. He reiterated that they were told by D51 that this was the typical process; they
were told it was standard procedure - that these parameters are put on all new liquor licenses. After the
business proves itself, two (z) to three (3) months out, the business can apply to get conditions lifted and if
the powers that be felt that your operation warranted the change, the conditions would be modified. Ms.
Vang asked if their revenue had changed at all. Mr. Heck replied that the revenue is down approximately i5
percent from what they expected. They feel that it is attributable to the fact that they cannot sell the single
container servings. Ms. Vang asked if Mr. Ku's other stores were similar in size as the Rice Street store. Mr.
Neck responded that all the stores are within approximately qoo-5oo sq. ft. of each other. Ms. Vang asked if
the other stores are doing better than the one on Rice Street. Mr. Heck replied that the other stores are
doing better but he doesn't think that ca� be sofefy attributable to revenue generated from selling single
serving containers. Ms. Vang asked if the other stores were located in similar type neighborhoods. Mr. Heck
responded that the other stores are located in more suburban type neighborhoods (South Saint Pauf;
Burnsville); they are not urban neighborhoods.
Ms. Vang noted that she has a lot to consider and will need time to reconsider her recommendation in
expforing other alternatives that would work. She stated that she would fike DSI to reconsider its "no
recommendation" at this hearing and come back with a recommendation. Ms. Schweinler responded that
she was told when she left the office that DSI has no recommendation; it's up to the community and the
license holder to sort this out.
After a meeting with D51 staff and Mr. Theng Ku, owner, the following conditions were agreed upon for
approval and signed on August t, zoo9 (_N_QTE: In exchange for removing condition #i� conditions #5, #6, #7
 were added to the existing conditions.):
t. This license shall not permit the sale of the following: distilled spirits in containers of 5o milliliters
or less (miniatures), distilled spirits in half pint containers, fortified beers or wines, or single
service containers of malt liquor (including 40 oz bottles).
z. Per State of Minnesota 5tatute 34oA.4tz, Subd. t4 - a liquor store may sell only the following items:
(i) alcoholic beverages; (z) tobacco products; (3) ice; (4) bevereges for mixing with intoxicating
liquor; (5) soft drinks; (6) liquor-filled candies; (7) food products that contain more than one-half of
alcoholic beverages; (�o) magazines and other publications published primarify for information and
education on alcoholic beverages; and (n) home brewing equipment.
3. When the planned expansion of the off-sale retail area is complete (anticipated by 6J��o9), the
licensee shall contact the Saint Paul Pofice Department (SPPD) to re-evaluate the camera
location�security plan and shall implement any changes they deem necessary. This security
instailation shall be completed within thirty (30) days of the completion of the expansion.
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4. The licensee shall provide and maintain working video surveillance cameras and recorders on the
premises. Tapes/recordings must be maintained for a minimum of thirty (30) days, and there shall
be an employee on-staff at all times with the ability to make them immediately available to the
SPPD and/or the Department of Safety and Inspections (D51) upon request.
5. Condition #i shall be suspended for ninety (90) days from the date of approval of this change by
the City Council to allow the licensee to sell bottle sizes prohibited in condition #t. The condition
will be placed back on the license at the end of ninety (90) days unless the City Council approves a
resolution to either extend the suspension or permanently remove the license condition. Prior to
November t, zooq, the Legislative Hearing Officer will notify interested Qarties and hold a hearing
to make a recommendation to the Council regarding the status of the bottle size condition.
6. Licensee will pick-up trash and litter daify in the parking lat and in the City park behind the
business.
7. The licensee will provide security no fewer than three days per week to discourage loitering,
panhandiing and other nu+sance behavior around the business.
8. Tfie licensee wi{I post no {oitering signs inside and outside of the business and will actively
discourege patrons from {oitering outside of the business.
The hearing was adjourned at irzo a.m.
/jab
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