10-39Council File # /� -�
Green Sheet # 3094597
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CITY OF
Presented by
RESOLUTION
NT PAUL, MINNESOTA
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WHEREAS, o� May 8, zoog, the Deputy Legislative 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 license condition #t
i. This license shall not permit the sale of the following: distilled spirits in containers of 5o milliliters
or less (miniatures}, distiiled spirits in half pint containers, fiortified beers or wines or singie
service containers of malt liquor (including 40 oz. bottles).
from the existing license conditions for Liquor Off Sale, Retail Food (A) — Grocery �-�oo square feet, and
Cigarette(fobacco, and
WHEREAS, the Deputy �egislative 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 #i as stated
above and preserve the existing license conditions:
i. Per State of Minnesota Statute 34oA.4�z, Subd. i4 — a Iiquor store may sell only the following
items: (i) alcoholic beverages; (2) tobacco products; (3) ice; (4) beverages for mixing with
intoxicaYing liquor; (5) soft drinks; (6} liquor-filled candies; (7) food products that contain more
than one-half of alcoholic 6everages; (�o) magazines and other publications published primarily
for information and education on alcoholic beverages; and (ii) home brewing equipment.
z. When the planned expansion of the off-sale retail area is complete (anticipated by 6/t/o9), the
Iicensee shall contact the Saint Pau! 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.
3. The licensee shall provide and maintain working video surveillance tameras and recorders on the
premises. Tapes/recordings must 6e 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; and
WNEREAS, the City Cpuncil on June z4, zoo9 referred this matter back to the Legislative Hearing process
for further review;
WHEREAS, the Deputy Legislative Hearing Officer conducted a second public hearing on July 9, zoog, to
again review the request of T's Discount Liquor IV Inc. in light of newly received information; and
WHEREAS, the Deputy Legislative Hearing Officer reviewed materials and heard testimony from the
City's licensing staff, the applicanYs representative and other interested parties and reconsidered her
recommendation to explore other alternatives that would work, and
WHEREAS, after a meeting with D51 staff and Mr. Theng Ku, owner, the following conditions were
agreed upon for approval and an affidavit signed on August �, zoo9:
i. 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 Statute 34oA.4tt, Subd. i4 — a liquor store may seil only the following
items: (�) alcoholfc 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
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than one-haif of alcoholic beverages; (io) magazines and other pubiications published primarily for
information and edutation on alcoholic beverages; and (�i) home brewing equipment. /Q�
3. When the planned expansion of the off-sale retail area is comp{ete (anticipated by 6(i/o9), the �
licensee shal! 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.
4. The licensee shall provide and maintain working video surveillance cameras and recorders on the
premises. Tapes/recordings must be maintained for a mi�imum of thirty C3o) days, and there shall
be an employee on-staff at all times with the ability to make them immediately available to the
SPPD andjor the Department of Safety and Inspections (DSI) upon request.
5. Condition #i shall be suspended for ninety (90) days from the date of approval of this change by
the �ity Council to allow the licensee to sell bottfe 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 i, zoo9, the Legislative Hearing OtFicer 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 tfie parking lot and in the City park behind the
business.
7. The licensee will provide security no fewer than three days per week to discourage loitering,
panhandling and other nuisance behavior around the business.
8. The licensee wifl post no loitering signs inside and outside of the business and will actively
discourage patrons from loitering outside of the business; and
WHEREAS, the City Council on August iz, zoo9 approved the ficense modifications; and
WHEREAS, the Legislative Hearing Officer conducted a third public hearing on November t9, aoo9, to
review the request of T's Discount Liquor IV Inc.; and
WHEREAS, the Legis(ative Hearing Officer heard testimony from the district council, applicants,
applicant's representative, and other interested parties; and
WHEREAS, based on her findings, the Legislative Hearing Officer makes the recommendation that the
Saint Paul City Council remove conditions �, 3, and 5; and preserve the other existing license conditions as
follows:
�. Per State of Minnesota Statute 34oA.4iz, Subd. t4 - a liquor store may sell only the following
items: (�) alcoholic beveragesl (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-half ot alcoholic beverages; (to) magazines and other publications published primarily
for information and education on alcoholic beverages; and (n) home brewing equipment.
z. The licensee shall provide and malntain working video surveillance cameras and recorders on the
premises. Tapes/recordings mast 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.
3. Licensee will pick-up trash and litter dally in the parking lot and in the City park behind the
business.
4. The licensee will provide security no fewer than three days per week to discourage loitering,
panhandling and other nuisance behavior around the business.
5. The licensee will post no loitering signs inside and outside of the business and will actively
discourage patrons from loitering outside of the business.
THEREFORE, BE IT RESOLVED, that the Council of the City of Saint Paui hereby approves the agreed-
upon modifications to remove conditions #i, #3, and #5, and
99 NOW, THEREFORE, SE IT RESOLVED, that the Council of the City of Sai�t Paul hereby approves the
l OQ issuance of the licenses with he changes developed in the Legislative Hearing on November �9, zoog
101 �iquor Off Sale, Retail Food (A) - Grocery i-too square feet, and Cigarette/Tobacco for T's Discount
1 Q2 liquor IV Inc. (I.D. #zoo80003854), doing business as Big Discount Liquor, 945 Rice Street.
!03
Yeas Nays Absent
Bostrom
Carter
Harris
Heigen V
Lantry
Stark �
Thune ,i
Adopted by Date
Council: `�/j f�p/
Adoption Certified by Coun ' Secretary
By: __� - >
Approved by Date t
Mayor. � y � Lo r o
By: "
Requested by Department of:
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Form Approved by City Attorney
By:
for
iD��y
Form Approved by Mayor tor Submission to
Council
By:
� Green Sheet Green Sheet
Green Sheet Green Sheet Green Sheet Green Sheet
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Department/�ce(Council: Oate lnitiated;
�� � .
�0- fl6�a�,2o,a Green Sheet NO: 3094597
ConGct Person & Phone: Department Sent To Person IniliaUDate
Nhia Vang � 0 oonci� 0
266-8563 1 oancit D artmenCDirector
Assi9� 2 ,CitT Clerk
Must Be on 6ouncil Agenda by (Date}: Number 3 O
Routing 4 �
Ooa Type: RESOLUTION Order 5 �]
E-Document Required: Y
�ocument Contact: Racquei Naylor
Contact Phone: 266-8573
ToYai # of Signatum Aages _(Ctip ASI Loeations for Signature)
AcSOn Requestetl;
Approving the removal of license con&6ons, per the Legislative Hearing Officer, on the Liquoi Off Sale, Retail Food (A)-Grocery 1
to 10o Square Feet, and Cigazette/Tobacco licenses for T's Discount Liquor IV, dlbla Big Discoimt Liquor, 945 Rice Sffeet.
Recommendations: Approve (A) or Reject (Rp Personal Service Contrects Must Answer the Pollowing Questions:
Planning Commission 1. Has this perso�(firm ever worked Under a contracf for this department?
CIB Committee Yes No
Civil Sernce Commission 2. Has tfis persoNfittn ever been a city employeel
Yes No
3. Does this person/firm possess a skill not normaily possessed by any
current ciry employee?
Yes No
Explain aii yes answers on separate sheet and attach to green sheet,
tnitiating Problem, Issues, OppoRUnity 1Who, What, When, Where, Why):
Advantages If Approved:
�isadvanWges If Approved:
Oisadvantages lf Not Approved:
Total Amount of
Transaction: Cost/Revenue Budgeted:
Funding Source: Activity Number.
PinanciaS tnformation:
(Explatn)
January 6, 2010 2:09 PM Page 1
3rd LICENSE HEARING MINUTES � V�✓�
Big Distount Liquor, 945 ftice Street
Thursday, November �9, zoo9, io:oo a.m.
33 �ity Hall, i5 Kellogg Boulevard West
Marcia Moermond, Legislative Hearing Officer
The hearing was calfed to order at z:o8 p.m.
�ta_ff_Present: Larry Zangs Department of Safety and Inspections (DSI); Christine Rozek, DSI; and
Racquel Naylor, Council Research
QtheSS Presertt: Kerry Antrim, District 6 Planning Council, zi3 Front Avenue; Gregory Heck, 5b3
Phalen Boulevard; Taeng Ku, 945 Rice Street.
8i��isc�nt Li�uoJ: Request to modify existing license condition(s), specifically to remove
condition #�:
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. bott{es).
Larry Zangs reported that before them today is T's Discount Liquox, doing business as Big
Discount Liquor, Theng Ku, owner, operating at 945 Rice Street. The license had been issued
with several conditions. (Mr. Zangs briefly read some of the conditions.) The conditions were
agreed to. The Iicense has asked that Condition #1 be rescinded, which is the subject of the
hearing today. The district council and neighborhood were notified, and objections were raised.
It went to Legislative Hearing on August 12. As part of that outcome, it was agxeed that the
provision be suspended for 9� days to allow the sale of those bottles to see if there would be a
change or impact on that business. That period has lapsed. The applicant has asked to have this
condition permanently rescinded. There are 8 conditions on the license.
Mr. Zangs feels that Condition 3 is no longer needed as the camera location has been evaluated.
Condition 5 is the new one that gave 9Q days, so that could be removed. They would be down to
5 conditions. DSI recommends approval of the owner's request.
Kerry Antrim reported the Land Use Task Force, which makes any recommendation autonomous
from the board, met on Tuesday night and discussed this. They made a unanimous motion to
keep the license condition on the license and saw no reason to change it.
Ms. Moermond asked is there a statement in writing. Ms. Antrim responded that they just met
on Tuesday, but she could send in the statement later tomorrow morning. Also, the second letter
that was sent to the Tri-Area block Club, Ms. Antrim received a letter from them that they stand
by their original recommendation. Also, District 6 had a hearing, they flyered the neighborhood,
and this condition was agreed to by all parties. When the owner later asks for a condition to be
removed does not sit well with the committee.
Ms. Rozek reported that the licensee has acted in good faith in the 90 days. The trash and litter
has been picked up. She sees no reason to not recommend removat. She didn't see anything that
stood out, although there aze always calls for service at a liquor estahlislunent. lt is well
patrolled by Saint Paul Police. There are off duty police officers working at that strip. She does
not find any reason to object to the owner's request.
Page ] of 2
Legislative Hearing Minutes, Big Discount Liquor, 945 Rice Street, November 19, 2009 ' D✓ � �
Page 2
Crreg Heck, property manager of the strip mall, appeazed and stated he was under the impression
that the condition was automatic on all liquor licenses. When they did accept, they were under
the impression that it could be removed. They were under the impression that the small bottle
was an automatic condition with all liquor license and they would have the opportunity to lift it.
In answer to several questions, Mr. Heck said he is the financial advisor, he is not an employee,
and he is not on the license application.
The bottle size restriction is a standazd condition that goes on all off sale licenses, said Ms.
Rozek; however, a licensee can request that the condition be removed. Somebody may not have
this condition on their license because they may have the license for 15 years and it was done
differently at that time or they may have sought to have this condition removed from their
license.
Mr. Heck continued: they felt they needed to give better service to tbe customers and to be
competitive.
Ms. Moermond asked is this a big sale item. Mr. Heck responded they average maybe $20,040 a
month versus overall sales of $300,000 for the month. So, they aze talking about 8°lo and maybe
a little less. There ase more customers that come to the store.
Taeng Ku stated that the customers appreciate it, Some people want to buy the small items and
then they buy the big items at the same time. A lot of customers in the neighborhood are very
happy. They put a big note on the doar so that people do not throw their cans ar trash.
That is the cleanest spot in the strip mall, said Mr. Heck, and they have made an agreement to
make sure it is picked up.
Ms. Moermond asked is this the owner's only liquor store. Mr. Ku responded that he owns four
liquor store: Eagan, Bumsville, South St. Paul, and St. Paul.
Ms. Antrim stated that she agrees with Mr. Heck. They have received no phone calls or
complaints in the office, The gentleman has no affiliation with Snap Market; people were under
the false impression that he did own it.
In answer to a question about the number of liquar stares in the district, Mr. Zangs responded
there are two.
Ms. Rozek stated that Condition 3 requires that the police department re-evaluate the camera
location. Mr. Ku responded that was done, and the police officer thought everything was okay.
Ms. Moermond stated that she wi11 recommend that the Council lift conditions 1, 3, and 5 from
the license as requested by the applicant.
The hearing was adjourned at about 2:42 p.m.
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