10-207Suspension Item 02-24-10
Council File # 10-207
Green Sheet J' ��y^
RESOLUTION
Presented by
PAUL, MINNESOTA
WHEREAS, the Deputy Legislative Hearing Officer recommends that the application (I.D. �20080004386) to Add a
Malt Off Sale license for New James Inc., doing business as Marshal] Stop, 2057 Marshall Avenue, be approved with
j the following conditions:
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1. The licensee shall pick-up trash, litter, and empty bottles and/or cans in the immediate vicinity of the licensed
business, whether on public or private property, at least on a daily basis.
2. The licensee shall promptly remove graffiti from the premises in accordance with applicable City Ordinances.
3. 3.2 Beer and beer products cannot be sold by the individual bottle or can.
4. The sale of 40-ounce bottles and/or cans of beer is not permitted. The sale of beer in containers of this or
similar sizes is considered to be the sale of beer by the individual bottle or can.
5. T7te sale of wine and(or strong beer is not permitted with a Malt Off Sale license.
6. The licensee shal] provide and maintain working video surveillance cameras and recorders on the premises in
accordance with the Saint Paul Police Department (SPPD) recommendations. There shall be a mini�num of
seven (7) cameras on the inside of the establishment and three (3) on the outside, with adequate lighting to
support the camera placement. Lighting, camera placement, and recording quality must be approved by the
SPPD. This equipment must be in operation during all business hours. Camera installation shall be
completed by May 1, 2010. Tapesfrewrdings 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.
7. CashieTS shall verify the age of a customer by checking state or federally issued picture identification caxds
prior to each sale of a Malt (i.e., beer) product. There shall be no sale of Malt products to any customer who
does not have a valid picture ID.
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24 THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application
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Requested by Department of:
Adoption Certified by Counal Secr tgry
By: �
Approved b May . ate �/ ��/�
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B y:
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Form Approved by City Attorney
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Form Approved by Mayor for Submission to Council
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DepartmenUO�celCOUncil: Datelnitiated: Green Jllee� IYO. �o.7�7V� V
CO — Council 22 FEB 2010
ConWd Person 8 Phone:
DepaRment SentTOPerson Init�aVDate
Nhia Van9 � o oonctl ��
266-8566 1 oanril Pe artment Director
i Assign 2 iri Clerk C5 Clerk
Must Be on Council Agenda by (Date): Number 3 �
24-FEB-10 For �
Routing 4
Doc. Type: RESOLUTION Order 5 [�
E-Document Required: Y
Document Contact: �ean Birkholz
Contact Phone: 266-8673
ToWI # of Signature Pages _(Clip All Locations for Signature)
AMion Requested:
Approving the license application with conditions, per the Deputy Legislative Hearing Officer, to Add a Malt Off Sale license for
New James Inc., doing business as Marshall Stop, 2057 Marshall Avenue.
Recommendations: Approve (A) or Reject (R). PersOnal Service Contracts MuSt Answer the Foliowing Questions:
Planning Commission 7. Has this person/firm ever worked under a contract for this department?
CfB Committee Yes No
Civil Service Commission 2. Has this personlfrm ever been a city employee?
Yes No
3 Does this person/frm possess a skill not normally possessed by any
current ciry employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages ff Approved:
Disadvantages If Approved:
Disadvantages If Not Approved:
Total Amount of
Transaction: CosURevenue Budgeted:
Funding Source: Activity Number:
Financial Information:
(Explain)
February 22, 2010 10:47 AM Page 1
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LICENSE HEARING MINUTES
Marshall Stop, 2057 Marshall Avenue
Thursday, October 15, 2009, 2:00 p.m.
330 City Hall, 15 Kellogg Boulevard West
Nhia Vang, Deputy Legislative Hearing Officer
The hearing was called to order at 2:00 p.m.
Staff Present: Jeff Fischbach, Department of Safety and Inspections (DSI); and Jean Birkholz,
Council Research
Others Present: James Hawila, owner
Marshall Stou: Add a Malt Off Sale license to the existing Gas Station, Retail Food (C) – Grocery
1001-3�0� sq. ft. and Cigarette/Tobacco licenses
Ms. Vang stated that this is an informal legislative hearing for a license application. This is a Class
N notification which means that the neighborhood is notified and people have a chance to voice
their concems. If anyone has a concem, it automatically triggers a hearing. Other Class N Licenses
include: bars, tattoo parlors, auto sales, auto repair, etc.—things that have an immediate impact on
the neighbora The City received one (1) letter(s) of concem regarding the issuance of this license.
Ultimately, there are three (3) possible outmmes from this hearing: 1) Ms. Vang can recommend to
the City Council that they issue this license without any conditions; 2) she can recommend to the
City Council that they issue this license with agreed upon conditions; or 3) she can recommend to
the City Council that they not issue this license but refer it to an administrative law judge for a
further hearing and findings. The City Council is the final authority on whether or not the license
is approved or denied.
Ms. V ang will begin by asking staff to present their report and explain theix recommendation.
Next, she will ask the applicant to talk about the business plan. Then, if there is anyone in
attendance, she will invite them to speak. She will also read the letters and emails that have been
received.
Mr. Fischbach, DSI, reported that the existing license conditions include:
1. The licensee shall pick-up trash, litter, and empty bottles and/or cans in the immediate
vicinity of the licensed business, whether on public or private property, at least on a
daily basis.
2. The licensee shall promptly remove graffiti from the premises in accordance with
applicable City Ordinances.
DSI is recommending some additional license conditions:
3. 3.2 Beer and beer products cannot be sold by the individual bottle or can.
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4. The sale of 40-ounce bottles and/or cans of beer are not permitted. The sale of beer in
containers of this or similar sizes is considered to be the sale of beer by the individual
bottle or can.
5. The sale of wine and/or strong beer is not permitted with a Malt Off Sale license.
DSI did not receive any neighborhood organization recommendation. Regarding inspections, both
Building and Environmental Health are not applicable. License approved with condirions; Zoning
approved. DSI recommends approval of the five (5) condirions menrioned above.
Ms. Vang asked Mr. Hawila why he wants to add a Malt Off Sale license at this rime. Mr. Hawila
responded that the license will add to his business and that the neighborhood has been asking for
it.
Ms. Vang asked about parking. Mr. Fischbach replied that parking would not change.
Ms. Vang asked where the cooler for the beer would be located in the store. Mr. Hawila
responded that the beer cooler will be located in a separate section and it will be locked. Ms. Vang
suggested that he train his staff to check IDs. Ms. Vang asked how many employees he has. Mr.
Hawila replied that there are three (3) others beside him who work in the store.
Ms. Vang asked whether the hours of the store had changed since the last time he was before her.
Mr. Hawila responded that he added an extra hour. They had been open until 10:00 p.m.; now
he's open unti111:00 p.m. except for Sunday, when he closes at 10:00 p.m.
Ms. Vang asked if he was going to advertise the selling of beer. Mr. Hawila said that there will be
ads posted in the area. There will be some signs posted on the inside and some on outside of the
store. Mr. Fischbach informed Mr. Hawila that advertising signs are regulated by DSI`s Zoning
Section; contact Mr. YaYa Diatta, 266-9080. Mr. Hawila will need to check with them; there's a
total amount of cumulative signage that a location is permitted to have.
Ms. Vang read the letter of objection. The letter states that the station has been poorly managed.
The property is not well-kept; people are loitering and they feel threatened. Inventory has been
down to zero within the past year. Mr. Hawila stated that there had been bad management before
him. The complaints are not true of the time since he has owned the business. Everyone has been
extremely happy with the store; he has never heard any complaints. He has heard that the
previous owner had problems with those things mentioned in the letter. Now, the store is very
well managed. Ms. Vang asked Mr. Fischbach whether he has been out to check the store. Mr.
Fischbach replied that he has not because during his last license inspection, the Fire Inspector was
out there and did a C of O. Ms. Vang looked over the police reports for 2057 Marshall Avenue.
There were reports £or drunkenness, theft, proactive visits and dishxrbances from boys and girls.
Mr. Hawila reminded Ms. Vang that iYs a college area; 60°/o of his customers are students. He has
called the police when shoplifting has occurred at the store. Ms. Vang discussed the possibility of
is adding a condition that would xequixe staff to do more monitoring of his lot. Mr. Hawila
indicated that he monitors but he cannot control the people. He calls the police when he sees
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something that is not right. Mr. Fischbach asked whether he has security cameras. Mr. Hawila
responded that he has one (1) outside; most are inside (�. He is willing to add more (16
eventually). Mr. Fischbach asked if he has recording equipment. Mr. Hawila replied that he does;
recordings are retained for 24 hours. Every 15 days, he deletes some of it. Occasionally, he saves
specific tapes. Qne of the cameras is on the inside window pointing outside. So far, he hasn t been
able to fix cameras to the outside brick wall. The station has been there for thirty (30) years and
there has never been a camera outside.
Ms. Vang asked if the previous owner carried Malt Off Sale. Mr. Fischbach responded that he
doesn't recall seeing a Malt Off Sale license issued for this site.
Ms. Vang asked if there are "No Loitering° signs on the property. Mr. Hawila said there were not.
Ms. Vang stated that she would like Mr. Hawila to add cameras to the exterior of the station,
especially, because of the police activity report. Mr. Hawila stated that he cannot put cameras out
there right now because the station is not branded yet. The previous owner was Oasis Market and
they are going through Chapter 11 bankruptcy at this time. 4Vhen that is finished, he will be able
to make more improvements: cameras outside, paint the building, etc. Mr. Hawila subleases the
property from Oasis, so it is not wise for him to put money into the property when he may loose it.
When he has his contract/lease with the landlord, he will be able to unprove things. Mr. Fischbach
asked if Mr. Hawila knew how long it would take to resolve this issue. Mr. Hawila didn't know.
Mr. Hawila asked if it is a condition to have cameras when you have a beer license. Mr. Fischbach
explained that typically, if the Legislative Hearing Officer is leaning towards recommending
cameras be placed on the property, then there is a condition placed on licenses that cameras need
to be installed according SPPD's recommendation prior to the issuance of the license in question.
There are tcvo (2) people in the Police Department that come out to properties, access the situation
and make recommendations regarding how many cameras should be placed on the property and
when they should be placed. Usually, DSI recommends that the camera recordings be retained for
thirty (30) days. Ms. Vang said that she will put a date on the condition by which the cameras
would need to be installed. The condition is attached to the license, not to the station or property.
If Mr. Hawila would leave in the future, he could take the cameras with him.
Ms. Vang stated that it is easier for hex to make a recommendation for approval if the
councilmember of that ward where his business is located and City Council are assured that the
applicant, because of the added risk of selling beer, will be adding the necessary safety and
security measures, in this case, exterior cameras.
Mr. Fischbach also explained that a deadline for the installed working cameras is needed to show
that it's going to be done at a time certain; otherwise, it's difficult to get an approval from City
Council.
Mr. Hawila is agreeable to a minimum of three (3) cameras to be installed outside by May 1, 2010.
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Ms. Vang will recommend approval with the following conditions:
The licensee shall pick-up trash, litter, and empty bottles and/or cans in the immediate
vicinity of the licensed business, whether on public or private property, at least on a daily
basis.
2. The licensee shall prompfly remove graffiti from the premises in accordance with
applicable City Ordinances.
3. 3.2 Beer and beer products cannot be sold by the individual bottle or can.
4. The sale of 40-ounce bottles and/or cans of beer are not permitted. The sale of beer in
containers of this or similar sizes is considered to be the sale of beer by the individual bottle
or can.
5. The sale of wine and/or strong beer is not permitted with a Malt Off Sale license.
6. The licensee shall provide and maintain working video surveillance cameras and recorders
on the premises in accordance with the Saint Paul Police Department (SPPD)
recommendations. There shall be a minimum of seven (7) cameras on the inside of the
establishment and three (3) on the outside with adequate lighting to suppart the camera
placement. Lighting, camera placement and recording quality must be approved by the
SPPD. This equipment must be in operation during all business hours. Camera installation
shall be completed by May 1, 2010. 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.
7. Cashiers shall vexify the age of a customer by checking state or fedexally issued picture
identification cards prior to each sale of a Malt (i.e., beer) product. There shall be no sale of
Malt products to any customer who does not have a valid pichxre ID.
The hearing was adjoumed at 2:48 p.m.
Note: The Conditions' Affidavit was signed on February 11, 2010 and received in the Council
Reseazch Office on February 17, 2010.
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