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09-945Council File # �`i� ��.i Green Sheet # 3077596 RESOLUTION MINNESOTA � 1 WHEREAS, the Deputy Legisiative Hearing Officer recommends that the request to add an 2 Entertainment A license to the existing Restaurant (4) 5���5o Seats, Wine On-Sale, Malt On-Sale 3 (Strong), �atering — Add-On, and Food Vehicle licenses for Paajtuam Enterprises Inc., doing 4 business as Bonxai Cafe, t6i3 University Avenue West, be approved by adding the following 5 condition to its existing licenses: 6 7 Per City of Saint Paul Legislative Code 4ii.oz, the definition of 8 Entertainment A is, "Amplified or non-amplified music and/or singing 9 by performers without limitation as to number, and group singing 10 participated in by patrons of the establishment" (includes karaoke). 11 Entertainment A license does not allow for patron and/or performance 12 13 14 15 dances. THEREFORE, BE IT RESOLVED, that the Council of the City of Saint Paul hereby approves this license application with the aforementioned agreed-upon condition. Bostrom Carter Harris Stark Thune Adopted by Council: Date Adoption Certifed b Council S cretary BY� � ` C�C%S r. � Approved ayor:� Date � 29 By Requested by Department of: � Form Approved by City Attorney By: Form Approved by Mayor for Submission to Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � f71-�i�� DepartmenVOfficelCOUncii: Datelnitiated: GCP.�P.I� S�P.PiI. NO 3077596 GO —Council 26-AUG-09 . - ConWct Person & Phone: Department Sent To Person InitiallDate Nhia Vanq o aunci� 0 26Cr8566 1 ounN De artmeut Director Assign 2 � Clerk C7 Clerk Must Be on Council Agenda by (Date): Number 3 0 02-SEP-09 For Routing 4 0 Doc.Type:RESOLUTION Order 5 0 E-DOCUment Required: Y Document Contact: �ean Birkholz Contact Phone: 266-8673 Toql # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approving the license application with a condition, per the Legislative Aearing Officer, to add an Entertamment A license for Paajtuam Enterprises Inc., doing business as Bonxai Cafe, 1613 University Avenue West. Recommendations: Approve (A) or Reject (R). Personai Service Contracts Must Answer the Following Questions: Planning Commission 1. Has this person/firm ever worked under a contrad for this 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 not normally possessed by any current city employee? Yes No Explain all yes answers on separate 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: Total Amount of Transaction: CosURevenue Budgeted: Funding Source: Activity Number: Financial Information: (Explain) August 26, 2009 11:55 AM Page 1 0�-��.�' LICENSE HEARING MINUTES Bonxai Cafe, �6�3 University Avenue West Thursday, August zo, zoo9, io:oo a.m. 33o City Hall, i5 Kellogg Boulevard West Nhia Vang, Deputy Legislative Hearing Officer The hearing was called to order at io:oo a.m. Staff Present: Kristina Schweinler and Corinne Tilley, Department of Safety and Inspections (D51); and Jean Birkholz, Council Research Others Present: Pao Hang and Tieng Hang, co-owners Bonxai. Cafe: Request to add an Entertainment A license to the existing Restaurant (4) Seats, Wine On-Sale, Malt On-Sale (Strong), Catering-Add-On and Food Vehicle 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 concern, 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 (i) letter of concern regarding this application. Ultimately, there are three (3) possible outcomes from this hearing: �) Ms. Vang may recommend to the City Council that they approve this license with no conditions; z) 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 recommend- ation in the form of a resolution that will go before the City Council for 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 the business plan. Next, she will hear from people who are here in support and from those with concerns, and she will review the letters that were sent regarding this request. Ms. Schweinler, D51, stated that DSI recommends approval with the following conditions: Existing: Per City of Saint Paui Legislative Code 4og.a5 - The sale of Wine On Sale and Mait 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 Inspections (D51) or his/her designated representative. Additional: z. Per City of Saint Paui Legislative Code 4n.oz, the definition of Entertainment A is, "Amplified or non-amplified music and/or singing by performers without limitation as to number, and group singing participated in by patrons of the establishment" (includes Page 1 of 2 o�-q�s karaoke). Entertainment A license does not allow for patron and/or performance dances. Ms. Vang asked Mr. Pao Hang to explain his business plan. Mr. Hang stated that they will limit their music to karaoke, live entertainers like jazz and acoustic guitarists and poetry reading. They will not have full electronic bands. It won't be loud. Most of their business is food sales. Entertainment will be on Friday or Saturday night, maybe once every two (z) weeks. it wiil depend mainly on the availability of the performers. This is the first time for them to have entertainment. They have owned this business between three (3) and four (4) years. Performers have asked Pao and Tieng if they could come down to the cafe and entertain, so, they decided to request a license. Currently, there are 4-5 employees on the staff and they may need to add one more server when they provide entertainment. The cafe's hours are as follows: Monday — Thursday: �i:oo a.m. — 9:0o p.m. Friday: n:oo a.m. — �o:oo p.m. Saturday: 4:0o p.m.—�o:oo p.m. Sunday: Closed At this time, Ms. Vang reviewed the letter of concern which raised issues of adequate noise mitigation and parking availability. Mr. Pao Hang commented that the building has been there for a long time; iYs made out of concrete blocks and the walls are between eight (8) and ten (�o) inches thick. They should keep out the noise. There won't be full bands performing, so, it would not be super loud. Regarding the parking, Mr. Hang stated that they have twenty (zo) parking spots in their parking lot alone (their requirement is zt spots). They are working with the American Bank, which has a parking lot of between fifty (50) and sixty (60) spots, to acquire more evening parking. Ms. Corinne Tilley, DSI, stated that because Bonxai is located in the Central Corridor Overlay District, additional parking spaces are not required for existing business places but there is a minimum requirement of 60% of what the actual requirement is, and according to her calculations, Bonxai meets that criterion. Ms. Vang asked if Bonxai has a back door entrance. Mr. Pao Hang answered that Bonxai has a back door entrance for delivery. The front entrance is on the side. Ms. Vang asked if the back door is ever open during the hours of operation. Mr. Hang responded that it is unlocked during the day and is locked at night. It is never propped open. Customers use the front door to go outside to smoke; they know not to go out the back. Ms. Vang encouraged Pao and Tieng to put up a sign asking customers to not use the back door. Ms. Vang asked if they will be putting in a stage. Mr. Hang responded, "No." Ms. Vang asked about the amplifiers. Mr. Hang explained that they use smali portable amplifiers. Ms. Vang stated that she will recommend to the City Council that they approve this license application with the conditions recommended by DSI. The hearing was adjourned at �0:�5 a.m. /jab