10-34Susuension 1/06/10
��r�v
Presented by
Council File # 10-34
Green Sheet # ,309 �D l8
RESOLUTION
SAfNT PAUL. MfNT1ESOTA
1 WHEREAS, the Depuly Legislative Hearing Officer recommends that the application for (I.D.
2 #20090003003) Liquor On Sale —181-290 Seats, Liquor On Sale — Sunday, Liquor On Sale — 2 AM
3 Closing, Entertainment (B) and Restaurant (L) — Limited licenses for Mars Enterprizes LLC, doing
4 business as Half Time Rec, 1013 Front Avenue, be approved with the following conditions:
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
1. The property owner, Timothy Weiss, shall not have an interest in the business or be involved in
any way in the operation or management of this licensed establishment.
2. The back door shall be kept closed at all times. All doors shall be closed when entertainment is
provided.
3. There shall be no dumping of bottles after 9:00 p.m. and before 7:00 a.m.
4. No alcohol is permitted outside of the establishment.
5. Motorcycle parking shall not be permitted on the sidewalk.
6. Bar staff will regularly monitor patron behavior outside of the establishment (including the
pazking lot) to prevent loitering, excessive noise and illegal drinking.
7. Bar staff will pick-up litter daily outside of the establishment.
8. The bar will provide three (3) security staff on nights when entertainment is offered and two (2)
security staff on other nights. Security staff shall wear clothing that clearly identifies them as
security staff.
9. The bar will close at 1:00 a.m. (1230 a.m. last call) for 90 days (to begin with council approval
of these license conditions). The 2:00 a.m. closure will be reinstated at the end of 90 days by
written notification from DSI.
10. Licensee will install and maintain a video surveillance system in accordance with Saint Paul
Police Department (SPPD) recommendations. Cameras must be recording during all hours of
operation. Tapes shall be maintained for 30 days and be made available to SPPD and
inspection staff immediately upon request. District 6 will work with the licensee to provide
partial funding for the video system. Licensee must have the equipment installed by August 1,
2010.
11. District 6 will schedule a community meeting with the bar owner, DSI and the neighbors of this
bar during the first week of June, 2010, to provide a forum to discuss any neighborhood issues
regarding this establishment.
THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this
license application with the aforementioned agreed-upon conditions.
10-34
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
Yeas Na s Absent
Bosuom ,/
Carter �/
Harris ,r
Helgen
Lantry ,/
Stark ,i
Thune �
Adopted by Council: Date ��� fj�
Adoption Certified by Counc' Secretary �
By: �
Approve�'b �Ia o ate � �� 7iO10
By: ��Li
Requested by Department of.
�
Form Approved by City Attomey
By:
Form Approved by Mayor for Submission to Council
By:
� Green Sheet Green
SGGS�ensiim �tern
Sheet Green Sheet Green Sheet Green Sheet Green Sheet
1—�—/a
�
10-34
DepartmenUO�ce/Council: Date Initiated:
�o-�°°^��� 04JAN2010 Green Sheet NO: 3094018
Conbct Person & Phone- Department Sent To Person InitiallDate
Nhia Vanp o ono�a 0
266-8566 1 ouoN De artnent D"vector
Assign Z ' Clerk L1riCierk
Must Be on Council Agenda by (Date): Number 0
06JAN-10 For 3
Routing 4 0
Doc.Type:RESOLUTION Order 5 0
E-Document Required: Y
Document Contact: �ean Birkholz
Contact Phone: 266-8673
ToWI # of Signature Pages _(qip All Locations for Signature)
Action Requested:
Approving the license application with conditions, per the Deputy Legisla[ive Hearing Officer, for Liquor On Sale-181-290 Seats,
Liquor On Sale-Sunday, Liquor On Sale- 2 AM Closing, Entertainment (B) and Restaurant (L)-Limited licenses for Mars
Entecprizes LLC, doinig business as Half Time Rec, 1013 Front Avenue.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Foilowing Questions:
Planning Commission 1. Has this person/firm ever worked under a contract for this departmenl?
CIB Committee Yes No
Civil Seroice 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:
Financiallnfortnation: �
(Explain) �
January 4, 2010 1024 AM Page 1
10-34
LICENSE HEARING MINUTES
Half Time Rec 1013 Front Avenue
Thursday, October 8, 2009, 10:00 a.m.
330 City Hall, 15 Kellogg Boulevard West
Nhia Vang, Deputy Legislative Hearing Officer
The hearing was called to order at 10:03 a.m.
Staff Present: Christine Rozek and Larry Zangs, Department of Safety and Inspections (DSI);
and Jean Birkholz, Council Research
Others Present: David Mars, owner; Scott Mars, General Manager; Timothy Weiss, property
owner; Denton Bruening, neighbor; Anne M. Tiller, neighbor; Jonathan Granlund, neighbor;
Kerry Antrim, District 6 Planning Council; and Kristina Schweinler, DSI
Half Time Rec: Liquor On-Sale –181-290 Seats, Liquor On-Sale – Sunday, Liquor On-Sale – 2
AM Closing, Entertainment (B) and Restaurant (L) – Limited licenses
Ms. Vang stated that this is an informal legislative heazing 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
concerns. If anyone has a concern, it automatically triggers a heazing. Other Class N Licenses include:
gas stations, tattoo parlors, auto sales, auto repair, eta—things that have an immediate impact on the
neighbors. The City received fourteen (14) letters of concern regazding the issuance of this license.
Ultimately, there are three (3) possible outcomes 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 their recommendation. Next, she
will ask the applicant to talk about the business plan. Then, she will hear from people who are here in
support of the issuance of the license and those with concerns about the issuance of the license. She will
also read the letters and emails that have been received.
Ms. Christine Rozek, Deputy Director, Department of Safety and Inspections, reported that the licensee
has been operating at this location since August 29, 2009. The district council approved a waiver of the
45-day notice and the license was granted prior to the expiration of the 45-day notice. However, when
that happens, the licensee agrees that if there are objections from the neighborhood, the Legislative
Hearing process will take place. When the license first went into effect, the Deparhnent of Safety and
Inspections recommended one license condition:
The property owner, Timothy Weiss, shall not have an interest in the business or be involved
in any way in the operation or management of this licensed establishment.
Since then, the District Council has submitted some recommendations and a nusnber of comments have
been received from neighbors who live near the establishment. Ms. Rozek stated that at this time the
items that are of concern to the neighbors will be discussed and reasonable license conditions will be
worked out together.
10-34
Regarding inspections, there are no outstanding Building permits; Environmental Health has approved
the license; Licensing has initially recommended approval with a condition; and there are no Zoning
issues. All of the pazking requirements are met.
Ms. Vang asked Mr. Scott Mazs, general manager, if he has had experience operating this type of
business in the past. Mr. Scott Mazs responded that this is the fust time that he has been part of
ownership or general management of a business. He has been a manager/bartender at a friend's baz in
North East Minneapolis for six (6) to eight (8) months.
Mr. Dave Mazs, majority owner, said that he has had no experience running a bar. He has been a police
officer for Saint Paul for 26 yeazs and has had a chance to be in many bars because of his duties. He has
been retired for the past eleven (11) years.
Responding to questions from Ms. Vang, Mr. Scott Mars responded that the bar opens at 12 Noon and
closes at 2 a.m., Monday through Friday. On Saturday and Sunday, they open at 10 a.m. and close at 2
a.m. Entertainment is held from Thursday through Sunday. Thursday, Friday and Saturday,
entertainment begins at 830 or 9:00 p.m. and runs for four (4) hours; Sunday, entertainment begins at 8
p.m. and ends at 1 I p.m. Currently, a brother helps manage and tend bar, along with Scott and Dave.
They employ five (5) bartenders and three (3) security guards. They either have one, two or three
security guazds on duty at one time depending on the night, not including the bar management.
Ms. Vang asked whether the establishment would operate differently from the previous business. Mr.
5cott Mars replied that the business and entertainment remain the same. They have done some work and
are continuing to make improvements inside of the building, mainly cleaning and painting.
Ms. Vang asked about the size of their clientele. Mr. Scott Mars responded that an average night is
probably between 30 and 40. On Friday and Saturday, the crowd is a little larger - between 50-60
patrons. The busiest night brought in between 80-90 people. At closing, on Thursday night, everyone
seems to leave about midnight when the band ends; by 12:30 or 1:00 a.m., there's probably only twelve
(12) people left towards closing. On Friday and Saturday, it stays busy a little bit longer with 25-30
people remaining by 1:15 a.m. He added that he started a new closing plan: last call prior to 130 a.m.
and turning off the music, TVs and lights. By 1:40 a.m., the bartenders remove themselves from behind
the bar. Prior to 2:00 a.m., everyone's been out of the bar the last couple of weeks. Mr. Mars said the
age of their clientele vazies with the entertainment, between the ages of 22 and 70.
Mr. Scott Mars had submitted a letter in response to some of the letters submitted by the neighbors. In
the letter, he listed the changes that have been made since their opening on August 29, 2009:
1. The back door to our establishment is to be kept closed at all times of the day. We have a
panic-bar on the door to ensure our customers have a safe exit plan in case of a fire or
emergency. We have also installed an alarm on this doar to deter our customers from going
out back. We have posted signs on this door that are cleazly visible saying the back lot is
closed and this door should be used as a"fire exit only." In addition, for a safe exit plan, the
back fence gate is kept unlocked during business hours.
2. We no longer take out bottles out to the trash after 9:00 p.m. This process is done during the
daylight hours of operation.
3. There is no drinking allowed in any azea outside of our establishment or parking lot. This is
unacceptable and to help enforce this issue, we have scheduled a minimum of two (2)
security personnel on our busier nights (Thu, Fri and Sat) or during any special event. Our
10-34
security guard at the front is there to ensure that no customer walks outside or inside the front
door with any type of beverage and any person entering out establishment has the proper
identification displaying their age. The security guard in the reaz of the business has the
responsibility of keeping all people from attempting to go out back for any reason. During
the day, our bartenders are responsible for monitoring our customers and making sure that no
one steps inside or outside with a beverage. I informed all our bartenders that if the crowd
gets too lazge during the daytime hours, and its size is making it difficult to monitor the door,
to notify management immediately and we will call in a security guazd. We intentionally
employ a local resident to ensure a quick response in this type of situation. We also have one
(1) security guard working on all other nights of operation to help keep any beverages from
getting inside or outside.
Mr. Scott Mars added that two (2) trash barrels will be placed outside at the corners of the bar that will
be maintained and emptied on a daily basis by them.
Our pazking lot (located across the street on Front Avenue with 24 spaces) is used for our
customers to pazk their vehicles while visiting our establishment. This parking lot is not to
be used for our customers to loiter. We now tnake one of our security guards responsible for
the activity in the parking lot. They enforce this by walking across the street and doing
random checks on the lot. We are also in the process of having a sign made that clearly
states "Half-Time Rec Parking." We hope this encourages more of our customers to park in
the lot and not on the streets in the surrounding area.
Mr. Zangs informed the applicant that a permit will be required for a sign. Mr. Scott Mars added that
the lot is an open lot and anyone can park there at any time. When the establishment is open, they can
monitor the lot. Ms. Vang urged Mr. Mars to think about adding a"No Loitering" sign in the parking
lot.
5. (Instituted a few days after opening) Our bartenders and staff now call "Last Call" prior to
120 a.m., and we have made it our policy to have all non-employees out of the bar prior to
2:00 a.m. We also have our bartenders leave the serving area behind the bar at 1:40 a.m. and
remove themselves from the sight of our customers to further help us get everybody on their
way. The security guards and management are responsible for asking people to leave and
cleazing the place prior to 2:00 a.m. Any requests for cab service are top priority. During
our exiting and closing procedure, it is our security guards' responsibility to monitor the
activity outside of our establishment and in the surrounding area. We have a minimum of
two (2) guards out front and along the side of our establishment on our busier nights. We ask
that they kindly ask people to be on their way and please respect our neighbors by keeping
the noise down to a minimum. A security guard is also responsible for monitoring the
parking lot to ensure no after hours drinking is taking place. We aze a neighborhood baz and
want to be a good neighbor.
Ms. Vang asked Scott Mazs how many days a week he is at the bar. He responded that he is there
usually five (5) days a week. When he's not there, his father and his brother ma�age the business.
Ms. Vang asked if Mr. Scott Mars takes complaints from the neighbors directly. He replied that he
prefers people to come to him directly. He is hoping to establish a good relationship with the neighbors.
10-34
6. We have ensured a proper exit plan in case of an emergency by using a panic baz on ow back
exit door and keeping the fence in the back unlocked during business hours. We have
installed an alann that buzzes anytime someone opens the reaz door to alert us. We have also
installed a security system inside our establishment.
7. Security is a major concern for us and we want everyone who frequents our establishment to
be safe along with the neighbors in our community. That is why we have a minimum of two
security guazds working on our busier nights and a minimum of one during the rest of the
week. This is in addition to 2-3 management personnel.
Mr. Mars stated that they have three (3) security guazds on Friday and Saturday nights - one (1) just
to watch for drinks going in and out of the building. So far, there have been no fights.
8. No weapons are allowed on the premises. We aze in the process of getting a sign banning
guns on the premises and this will be enforced by management.
Mr. Scott Mazs said that he will post a"No W eapons" sign. Ms. V ang asked if the security guazds
have wands to check for weapons. Mr. Mars replied that they do not have wands. Mr. Dave Mars
interjected that in some businesses wanding may be warranted because of the clientele. He thinks
that their establishment doesn't wanant wanding. Mr. Scott Mars added that they have never had
any incidents with violence and/or fights. He feels that wanding may give the impression to his
regulaz clientele that it is a dangerous place. Ms. Vang stated that she would like to leave wanding
on the table.
9. As an establishment that wants to have live music, we are very cautious to the level of noise
and sound the entertainment will produce. We keep the back door closed to keep the sound
inside as much as possible. We also close the front door at approximately 7:00 p.m. and turn
on the air conditioning. At any time during the day, if there is a larger than normal crowd,
our bartenders aze insriucted to close the front door and turn on the air conditioning
especially, if the juke box is being used. On the evening we have bands, we talk with the
band members and ask that they respect our neighbors by keeping the volume down,
especially, the bass. Now that winter and the cold weather is upon us, the doors will be
closed at all times but we plan to address this issue next spring as well and to further keep the
sound down out of respect for our neighbors and community.
Ms. V ang asked whether or not the building was soundproofed. Mr. Scott Mars replied that the previous
establishment started work at sound-proofing but it was never finished (some black foam pieces). This
summer, beginning at 7:00 p.m, they turned on the air conditioning and closed the front door to
alleviate some of the noise. They have talked about a cloth covering to help with the noise. Mr. Dave
Mazs added that at the front, there is actually a double door — a five (5) foot foyer sepazates them which
also helps to keep the noise inside.
10. There are no illegal drugs and/or paraphernalia allowed inside or outside the establishment.
If caught, this will be strictly enforced and the parties responsible will not be allowed back.
The police will be called, if necessary.
Ms. Scott Mars stated that he has never witnessed any illegal drugs and/or paraphernalia at the property.
10-34
In regards to the code issues and repairs to the building at 1013 Front Ave., it is our intention to
work with the building owner in getting all the repairs completed and code issues brought up to
the proper level.
In summary, we at the Half-Time Rec recognize the complaints and concerns from our
neighbors. We aze going to do everything possible to enforce the policies above and create new
policies if more issues may arise. It is our goal to establish a long lasting relationship with our
neighbors and work together to ensure the safety and comfort of our neighbors closest to our
establishment. We aze not looking to run an establishment that causes disruption to our
neighbors in the form of our patrons' swearing, drinking outside, urinating, vomiting or creating
any similaz rude act of any kind inside or outside our establishment. It is our primary goal to
rebuild the trust of our neighbors and to strengthen that hust over the next several yeazs to come.
We aze willing to do whatever it takes to ensure this is the case and we aze hoping that our
changes listed above is a step in the right direction.
We, the management of the Half-Time Rec, wouid like to apologize to the District 6 Council,
Councilmember Lee Helgen and to our neighbors surrounding the Half-Time Rea We hope that
our relationship with our neighbors will grow over the years and we plan to do whatever it takes
to ensure that.
Thank You,
The Management of the Half-Time Rec
Dave Mars
Scott Mars
Nick Mars
Ms. Vang asked whether the building code issues and repairs to the building need to be addressed by the
property owner or the tenant. Ms. Rozek responded that it is Fire C of O that does the inspection and
Orders have been written to the property owner, who will be compliant. She did not know when the re-
inspection would occur. Mr. David Mars added that Fire has been in twice; the last time was just a
couple of days ago and gave them a clean bill of health.
Mr. Scott Mars reiterated that they have taken every issue that has come up very seriously and have tried
to conect the problem. He believes that they have corrected all of the issues. Hopefully, he can work
with his neighbors directly as concerns azise in the futwe.
Mr. Jonathan Granlund, who lives and works just next door (ten (10) years), testified that things have
improved quite a bit within the last two (2) weeks. He thinks that it may be due to intervention by the
property owner, and he hopes to see more deliberate action. There is less trash. He is concerned about
the noise because he lives directly next door. His artist and woodworking shop is downstairs and he, his
wife and daughter live in the apartment above the store front. He is not as much concerned about the
noise generated from music, but by motorcycles, especially when they park on the sidewalk and loud
cell phone conversations. There have been occurrences after closing. The noise level has gone down in
the last two (2) weeks. It could be because of the weather. Dauid Mars was very responsive when
someone pazked directly in front of the apron of his driveway. Mr. Granlund stated that he had been
rather hesitant to contact the Mars directly; he doesn't like to wage complaints. When it's 2:00 a.m., he
doesn't think that iYs his responsibility to manage the affairs of the business next door. He would
probably like to see a restriction on the license just so the neighborhood can be assured that these things
10-34
are going to stay in place. He would like the Mazs to commit themselves to the good work they have
begun, and for the City to have some sort of inechanical recourse if the commitment is not upheld. He is
pleased that the back door is now closed. Previously, the back became the smoking area and that was a
huge noise issue for the neighborhood. Now, the smokers come out of the front door which results in a
new noise issue for him and his home. He would be in favor of a designated smoking azea closer towazd
the east Mr. Granlund added that there seems to be a lazge change in clientele. The drink prices aze
much cheaper than they used to be. His concern is that there are now cheaper, nastier drunks coming
into the neighborhood or folks who aze not used to the kind of expectations that the neighborhood has.
He has decided to go into the bar more often to see whaYs going on himsel£ He is hoping that more
people park in the parking lot because one of the noise problems comes from people leaving the bar —
they tend to yell across the street from each other while they're leaving.
Mr. David Mazs said that he thanks Mr. Granlund for coming in more often. He added that he can see
how ceil phone usage and smoking would be an issue. He stated that they are planning to put a ten (10)
or huelve (12) foot awning in front of the building to the east of the entrance door (opposite from Mr.
Granlund's entrance), hopefully, moving the smokers to the east.
Mr. Scott Mars responded that they will try to keep the motorcycles from rewing up when leaving.
Also, maybe create a motorcycle spot in the parking lot, not on the sidewalk. Perhaps, a spot could be
created on the east side of the building. Mr. Dave Mars added that the only motorcycle group that
comes in is a police officer group called the Iron Pigs and they don't drink much at all. Regarding the
cheaper drinks, Mr. Scott Mars said that they have not invited a nastier clientele. There have been no
fights or violence. Most of the clientele say that they have been coming there for years.
Ms. Ann Tiller, neighbor, testified that she has lived across the alley from the baz for the past twelve
(12) years and they have had noise from Half Time Rec all suminer long until closing. It has ended
recently because of the weather and complaints that have been logged. She has noticed a marked change
since the back door of Half Time Rec has remained closed. She is concerned about people's safety
when they smoke outside and when they cross Front Avenue. Perhaps, a crosswalk could be provided.
Also, she is concemed about whether their trash is being recycled. Mr. Scott Mars stated that they will
be recycling with containers in the back starting Friday. Cigarette butts are swept up daily and a butt
container is also provided in the front. Ms. Tiller stated that she appreciates the management's effort to
3mprove. People appreciate the entertainment provided there. She became very concerned when she
heazd that Half Time Rec was becoming a destination bar for Minneapolis police officers. She asked
how their guns are going to be addressed when they come into the baz. Mr. Scott Mazs responded that it
is definitely not a Minneapolis police bar. The Minneapolis police officers who come are not coming in
uniform; they are coming to have a good time. The Saint Paul police officers are coming in uniform;
they are not drinking; and of course, they are wearing their guns. Mr. David Mars added that police
officers can not go anywhere on duty in uniform without their gun.
Mr. Zangs explained that a crosswalk mazked or not, is that area from curb to curb at intersections.
ThaYs where people should be walking. Regarding stop signs or stop lights, there are warrants that must
be met to put in traffic signals or stop light. That is a Public Works' decision. A stop light or stop sign
is probably not likely. Ms. Tiller suggested a sign reading "Pedestrian Crossing" might be used. Mr.
Zangs replied that the temporary "Pedestrian Crossing" signs are used mainly to instruct people and are
not permanent.
Mr. Denton Bruening, Block Club leader, who lives behind the bar, testified that he also owns rental
property across the street from the baz and across the bar's parking lot. He said that Half Time Rec has
�
10-34
been operating in the neighborhood for years and has been a very good baz and a very busy bar. When
the new owners opened the bar, the neighborhood had more problems from 30-40 people that it ever did
when it was a busier baz. That scazes the community because they wonder whaYs going to happen when
there's 60-80 people. It really disappointed the community when it learned that some of these patrons
are police officers. With police officer patrons, the community expected fewer problems, not more. He
thinks that the cheaper price of beer changed the clientele. In the last two (2) weeks, things have
changed for the better. Security guards have been hired. One of the big problems had been motorcycles
driving and parking on the sidewalk; and of course, rewing them up when they left after closing (230
a.m.). The most disgusting thing about this was that both Dave and Nick Mazs were there watching.
Also, a party bus pulled up at 2:30 a.m. to pick up customers. Dave was standing right there. There was
also someone urinating in the parking lot. Dave walked right by him and didn't say a thing to him.
When the neighbars talk with Scott, they get a very good response; however, when they talk to Dave, he
responds with, "Well, you bought a house behind a baz. What do you expect?" Mr. Bruening stated that
he thinks if Scott had been there that night, those things wouldn't have happened. The neighbors want
to make sure that the baz attitude is the one Scott displays. No one should have to tell police officers not
to park on the side walk. He complimented Scott for trying to get things in order. On the other hand, he
hoped that Dave would start respecting the neighbors and understand that these kinds of things are not
acceptable. Ms. Vang asked if both Dave and Scott have a similar policy in place to handle these things.
Scott replied that they do have a similar policy. He just can't be at the bar every night. Currently, he
spends two (2)-three (3) nights with his son, the rest at Yhe bar. Scott explained that during the State
Fair, they did have police clientele from all around the state who came to the fair. Both he and his dad
want to work things out with their neighbors. He added that the party bus was very late that one night.
Tt was supposed to pick up the customers at 1:30 a.m., but didn't get there until about 230 a.m. There
was no alcohol being served at that time and the peopie were kept inside of the bar until the bus arrived.
Mr. Bruening said that the attitude the neighbors get from Dave and Nick is that the customers are more
important than the neighbors. He stated that within the last two (2) weeks, there has been an
improvement; Scott is working with them. The neighborhood wants the bar to succeed, too.
Ms. Kerry Antrim, District 6 Planning Council, addressed the hearing. Ms. Antrim stated that the
District Council waived the 45-day waiting period after they met with the owner and manager. In hind
sight, it may have not been the best thing to do. She explained why they want extra conditions.
Regarding the parking lot, District 6 feels that whether or not the baz is open, the parking lot is Half
Time Rec's responsibility. District 6 would appreciate a 1:00 a.m. Closing until further notice. They
would also suggest not re-visiting the closing time until after next summer (2010). District 6 is not too
concerned about a specific exit plan. Most bars have security cameras and District 6 thinks Half Time
Rec should also have them. District 6 doesn't think that wanding sends a message that the baz is a scary
place to go. Wanding is a good way to keep the baz safe. The neighborhood group would appreciate
wanding. Regarding sound mitigation, Ms. Antrim suggested tYiat the bar use an equalizer to diffuse
some of the bass. District 6 advocates alcohol awareness training for a11 employees (This has been
done.). Security officers should be more identifiable (now have security jackets). No employees should
be drinking while on duty. Ms. Antrim reiterated that iYs not the job of neighborhoods to police the
businesses. IYs very important for there to be open communication between the business and the
neighborhood. Everyone needs to be on the same page.
Ms. Vang opened discussion regarding the 1:00 a.m. Closing. Mr. Scott Mazs opined that whether the
closing time is 2:00 a.m. or 1:00 a.m., it will not solve most complaints. He has been making sure that
people are out by 2:00 a.m. They might be able to end band times earlier and minimize the noise issue.
He doesn't think that it would make much difference if people aze leaving at 2:00 a.m. or 1:00 a.m.
They will just need to address the noise issues. Ms. Vang stated that it would be a trial period to see
10-34
how the bar handles it. If it works out well, Mr. Mars can write a letter asking the City to reinstate the
2:00 a.m. Closing. Mr. David Mars added that they want to be good neighbors. They aze establishing
new clientele — or old clientele coming back. He thinks that as they aze trying to establish a new routine,
closing eatlier would hurt their business. He proposed that the City let them keep operating until 2:00
a.m. and then revisit it each quarter to see if they can do a better job of managing. He added that they
want to do things right — to get the signs in the pazking lot, install security cameras, eta They aze
making a very conscious effort to improve things — they want to be there for the neighborhood. He
thinks that things will naturally get better for six (6) months just because of the weather. The true test
will come next spring and summer. Ms. Antrim agreed and reiterated that is why the District wants a
1:00 a.m. Closing through next summer. She added that she thought it would be more difficult to
rescind the 2:00 a.m. once the license is granted. Ms. Rozek responded that it would not be difficult if
there were some agreement with the baz owner. Ms. Antrim stated that then the issues/problems would
be open to interpretation and it would get messy. Ms. Vang asked about Dave's suggestion to grant the
2:00 a.m. Closing and be reviewed every three (3), six (6), nine (9) and twelve (12) months and if they
fail to address the issues, then, the 2:00 a.m. Closing would be taken of£ Ms. Antrim said that she
thinks that the interpretation of what the issues are and what the mitigating circumstances aze for these
issues are too difficult to come to any type of agreement because everything is open to interpretation
including how loud music is, who's peeing on the sidewalk, and when this garbage appeared. Ms.
Rozek stated that she agrees that things will improve because the weather will be getting colder; but she
also believes that there's a very stzong feeling with the City Council that as a result of the activities that
have taken place at the bar, the 2:00 a.m. Closing should be suspended for a year.
Mr. Scott Mars responded that he has been trying to strictly enforce things. Even the neighbors have
testified that things have been better the last two (2) weeks. He asked that the City trust that they will
continue to improve things and trust him that he will continue to work with the neighbors. He added
that it will definitely hurt them financially.
Ms. Antrim stated that this hearing should not have had to take place. She said that we should not have
to be adding conditions onto the license, and we wouldn't be doing this now if everything hadn't gotten
totally out of Mars' control, for whatever reason, in the last few weeks.
Ms. Vang announced a recess at approximately 11:40 a.m.
The hearing was reconvened at 12:14 p.m.
Ms. Vang read the objection letters. The concerns included:
— urinating on neighbor's hedge,
— condom left in neighbor's yard,
— bar's door propped open,
— cheap beer prices,
— alcoholic beverage containers left in neighbors' yards,
— new owner/management doesn't deal with bad behaviors as the previous
owner/management did,
— noise,
— foullanguage,
— grilling in the back filling the neighborhood with smoke,
— parking problems,
— irash,
10-34
— increase in crime and safety, and
— smoking and drinking outside of the baz.
Mr. Scott Mazs responded that he has read all of the letters. He thinks that the most important thing now
is to have continuing communication between him and the communiry.
Ms. Vang revisited the proposed conditions recommended by District 6. Regarding the Closing time,
she suggested working out an option that would satisfy both the business operators as well as the
neighbors. She proposed that the establishment try the 1:00 a.m. Closing for 60 or 90 days and if things
work out well, then the 2:00 a.m. Closing would be re-instated; then, it would be revisited on June 1,
2010. That time would give District 6 and the neighbors an opportunity to observe how management
controls its operation. She would ask that on June 1, 2010, the District 6 Planning Council reconvene a
meeting to discuss how the option worked out. She asked the applicants if that would be doable for
them. Mr. Scott Mazs responded that it would be doable.
Ms. Antrim asked what mechanism would be in place to lodge complaints, if there are any. Ms. Rozek
responded that at the District Council meeting in June, 2010, they will need to review any complaints
that have come in through DSI at the main City complaint line 266-8989; there can also be complaints
that come in through the council office or the district office. In June, all of those complaints will be
brought out on the table. Their 2:00 a.m. Closing will be up for renewal at the state; the state can't issue
it unless DSI signs off on it. By that time, there should be enough good weather so that the neighbors
would have a pretty good idea of how the bar is operating and whether or not they're operating in good
faith and trying to keep the problems out of the neighborhood. Most of the problems which need to be
addressed seem to be exterior problems. Ms. Rozek continued to say that if the trial period goes 90
days, there is a provision in the City Ordinance that allows them to have a party during the holidays (by
special request) when the bar will not be open (essentially, a private party). Ms. Antrim replied that
would be acceptable; also, a St. Patrick's Day party, if it runs that far. Ms. Antrim noted that it is
District 6's policy to not hold a bar responsible when they themselves call SPPD about a patron or an
issue. Ms. Rozek urged the neighbors to contact the baz owner/management directly regarding pioblems
and to work out the issues with them. If that isn't working, call DSI or the district council.
Ms. Vang stated that she will add the following conditions:
- doors not open in the back or any time entertainment is present,
- signs indicating doors closed,
- no dumping of bottles after 9:00 p.m.,
- no drinking outside,
- staff shall pick up litter outside the business,
- minimum of two (2) security guards on the weekends; three (3) plus on special events and in
security clothing patrolling the area; staff should also be involve in monitoring patron's
behavior for excessive noise, drinking and loitering, and
- trial period for the 1:00 a.m. closing for 90 days with a reinstatement via written notification
and a meeting shall be reconvene by District 6 to discuss concerns and changes.
Ms. Rozek reminded the applicants that if they don't wand, they are responsible to keep weapons out of
the bar. Mr. Steve Mazs replied that they will post a sign.
Ms. Antrim asked Ms. Vang why she decided not to add security cameras to the conditions. Mr. Dave
Mars interjected that they have already talked with someone about the cameras and it will cost them
0
10-34
$8,000 for cameras, which they can't afFord at this time. Ms. Antrim stated that District 6 has a Crime
Prevention through Environmental Design Program and they wi11 pay half the cost of the security
cameras. Ms. Rozek suggested that there be an extended date for compliance of the cameras (July 1,
2010). Everyone agreed. Ms. Vang added a condition to installing security cameras by August 1, 2010.
Ms. Rozek added that there should be no motorcycle pazking on the sidewalk. Ms. Vang said that
condition should be added, also. She suggested that management find a solution; perhaps provide space
in their parking lot.
Ms. Vang stated that she will recommend approval with the following conditions:
1. The property owner, Timothy Weiss, shall not have an interest in the business or be involved
in any way in the operation or management of this licensed establishment.
2. The back door shall be kept closed at all times. All doors shall be closed when entertainment
is provided.
3. There shall be no dumping of bottles after 9:00 p.m. and before 7:00 a.m.
4. No alcohol is permitted outside of the establishment.
5. Motorcycle parking sha11 not be perxnitted on the sidewalk.
6. Bar staff will regularly moniYor patron behavior outside of the establishment (including the
parking lot) to prevent loitering, excessive noise and illegal drinking.
7. Baz staff will pick-up litter daily outside of the establishment.
8. The bar will provide three (3) security staff on nights when entertainment is offered and two
(2) security staff on other nights. Security staff shall wear clothing that cleazly identifies
them as security staff.
9. The bar will close at 1:00 a.m. (1230 a.m. last call) for 90 days (to begin with council
approval of these license conditions). The 2:00 a.m. closure will be reinstated at the end of
90 days by written notification from DSI.
10. Licensee will install and maintain a video surveillance system in accordance with Saint Paul
Police Department (SPPD) recommendations. Cameras must be recording during a11 hours
of operation. Tapes shall be maintained for 30 days and be made available to SPPD and
inspection staff immediately upon request. District 6 will work with the licensee to provide
partial funding for the video system. Licensee must have the equipment installed by August
1, 2010.
I 1. District 6 will schedule a community meeting with the bar owner, DSI and the neighbors of
this baz during the first week of June, 2010, to provide a forum to discuss any neighborhood
issues regazding this establishment.
Ms. Vang suggested that the applicants work out the noisefequalizer problem with District 6. Mr. Mars
believes that they have an equalizer at the bar already.
The hearing was adjourned at 12:35 p.m.
Note: The Conditions' Affidavit was signed on October 18, 2009 and received in the Council Research
Office on October 20, 2009.
/jab
10