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10-501Council File # 10-501 Green Sheet # �7 0 � RESOLUTION SAINT P�l. MINNESOTA Presented by � 1 WHEREAS, the Deputy Legislative Hearing Officer recommends that the application to Add a 2 Wine On-Sale and Malt On-Sale (Strong) license for The Deco Catering Int., doing business as 3 Finnish Bistro (I.D. #20100000229), 2264 Como Avenue, be approved with the following 4 conditions: 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 1. Per City of Saint Paul Legislative Code 409.15(a) (2), on-sale wine license shail mean a license authorizing ihe sale of wine not exceeding fourteen (14) percent alcohol by volume, for consumption on the licensed premises only in conjunction with the sale and service of food (menu item oniy). The sale of Malt (Strong) will also take place only in conjunction with the sale and service of food. 2. Per City of Saint Paul Legislative Code 409.15(d), licensee must be able to show that gross receipts are at least sixty (60) percent attributable to the sale of food. 3. Licensee wiil submit to the Department of Safety and inspection (DSI) annual gross receipts for food and liquor for each year the license is renewed. The subsequent conditions apply to the sidewalk cafe license: 19 4. Service to the exterior dining area on the public sidewalk, as show on the 20 approved site plan (dated 04/28/2010; Exhibit B) is limited to food and non- 21 alcoholic beverages only. No alcoholic beverage may be served. 22 5. Oniy the tables and chairs (6 tables/24 chairs), as shown on the site plan 23 (Exhibit B), may be located on the public sidewalk. No additional tables, 24 chairs, other furnishings, heating or cooking equipment shall be placed on 25 the public sidewalk without the prior approval of DSI. 26 6. No sidewalk cafe shall 6e permitted in any portion of the public sidewalk 27 where normal pedestrian traffic flow is obstructed. A minimum clearance 28 width for the area designated as "public walk", as shown on the approved 29 site plan (Exhibit B), must be maintained at all times. 30 7. The outdoor dining area, as well as the tables and chairs sfiall be kept in a 31 ciean, sanitary condition. 32 33 34 35 36 8. Food and/or beverage preparation is not allowed on a public sidewalk without prior approval and additional licensing from DSI. 9. Licensee is hereby notified that the tables and seating arrangement approved for this sidewafk cafe license is subject to change, pending City Ordinance changes being considered for sidewalk cafes. The ordinance 10-501 37 changes may require a reduction in the number of tables/chairs and/or 38 further restrict the permitted location for placement of tablesjchairs. 39 10. The sidewalk cafe remains an e�ctension of the restaurant operation onto a 40 part of the public sidewalk which is immediately adjacent to the licensed 41 premises. 42 11. The use of a portion of the public sidewalk as a sidewalk cafe shall not be an 43 exclusive use. All public improvements, inciuding but not limited to trees, 44 light po{es, traffic signals, pu{I boxes or manholes, or any public-initiated 45 maintenance procedures, shall take precedence over said use of the public 46 sidewalk at all times. 47 48 49 50 51 52 53 12. If plant tubs are included in a sidewalk cafe, it shall be the duty of the licensed food estabiishment to maintain each plant tub at all times in a safe condition at its proper location and to inspect each such tub periodically in order that it may be properly maintained. Trees or plants and their tubs shall at ali times be kept in a neat, clean and presentable condition. No advertising matter or sign or writing of any kind shall be displayed upon any tree or its tub. 54 55 56 57 58 59 13. Plant tubs, tabies, chairs, andJor fencing cannot be left over night without first obtaining a Public Works Obstruction Permit. (Cal� 651-487-7250 to obtain this permit). THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application with the aforementioned agreed-upon conditions. Bostrom Adopted by Council. Date �� /y ���//Q Adoption Certified by Council S cretary By � . Approv Ma or: Date � y7 ��D BY: � �-!��Q-�_� Requested by Department of: � Form Approved by Gty Attomey BY . Form Approved by Mayor for Submission to Council By: 10-501 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Departme�VOffice/COUncil: Date Initiated: co_ 07MAY2�10 Green Shee# NO: 3110296 Contact PerSOn & Phon¢: Deaartment Sent To Person Initial/Date Nhia Vanq 0 ouncil 0 266-8566 1 ouncil De artment Director Assign Z � Attorne C5 Attor� Must Be on Council Agenda by (Date): Number 72-MAY-10 For 3 a or's Otfice Ma odAssistant Routing 4 ouncd Ci Council Doc. Type: RESOLUTION Order 5 Clerk Ci Clerk E-�ocument Required: Y Document Contact: �ean Birkholz Contact Phone: 266-8673 Total # of Signature Pages _(qip All Locatioos for Signature) Action Requested: Approving the license application with condifions, per the Deputy Legislative Heazing Officer, to Add a Wine On-Sale and Malt On-Sale (Strong) license for Dew Catering Inc, doing business as Finnish Bistro (I.D. #20100000229), 2264 Como Avenue. Recommendations: Approve (A) tlr Reject (R): Personai Service Contrects Must Answer the Following Questions: Planning Commission 1. Has this person/firm ever worked under a contract for this depaAment? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this personlfirm possess a skill not normally possessed by any current ciry employee? Yes No F�cplain all yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): AdvanWges If Approved: Disadvan W ges If Approved: Disadvantages If Not Approved: 7ota1 Amount of Tronsaction: Cost/Revenue Budgeted: Funding Source: Activity Number. . Financiallnformation: � (F�cplain) May 7, 2010 430 PM Page 1 io-soi Finnish Bistro 2264 Como Avenue St. Paul, MN 55108 Exhibit B A � � O � � 6 �. � w m � �l a z d x 2 `" \ L} �L du T� 1 L 4 � 4PG 0. ° Qb Ci , _ G v ' � �> ' swC F : P� C ` t (4 9 L n � ° t c y �P^ ti � ' µ ^ 4 � p H h'�"Id �.FIS � .LI�u3�'? NOTE: Six (6) tables and twenty-four (24) chairs are allowed on the sidewalk as indicated above for tfie sidewafk cafe. At this time, because of sidewalk limitation, exploration of the extension of alcoholic beverages to the outdoor service area is not possible and not recommended by DSI. 10-50� 04/29/10 THU 10:45 FA% 612 222 6755 DECO 001 DEPARTMENT OF SAFCTY AND LfISPECTSONS Bob Kusfer, Ddecrar CI'['I' QF SAIN"C ]�AIJI, Chr£.rtopherB. Catemcn, Mayor 375 J¢cksan Street, Suire Z2a Telephane: 651-266-8989 SqlntPquLM'uutesata55701•1806 Faarimlle: 651-266Al24 Web: v�.w��a v/da' I agree to the foUowing conditicns being placed on the following Iicense(s): License #: 200f30100000229 Type of Businass: Applled Par by: Doing Business As: At: Alann PermEt (Renew) Malt C7n Sala (Strong) wine �Jn Sale Rss4aurant (3) — 13-50 seats Side•w�alk Cafe Oaca t;aYering Inc. Finnish Bi:,tro 2264 C:s,mp Ave, St Pauf MN 55108 Cond�tiona are as follows; 1. Per City pf Saint Paul Legi:>lative Coda A09,1S(a)(2j, On-sale wina licensa shall mean a Iicense authorizing the sale of wina not exaeeding Fourtean (14) percent alcohol by volume, for consumption on the licensed premises onry in conjunctlan with the sale and service of food (menu item only). Tha sale of Malt (Strong) wlli also take place only in cpnJunction with the sala ai�d service of food. 2. Per City of Saint Paul legi:siative Code 409.15(d), Iicenses must be able to show that gross receipts are at least sixty (60) percent atiributable to the sale of food. 3. Licensee will submit to tt�e Departmant of Safety and Inspections (DSI) annual gross receipts for food and Iiquor for each year the license is renewed. These conditions added for the �i8ewalk CafB License 4, Serrice to tt�e exterlor diiilrig area on the public sidewalk, as shown on the approved site plan (dated 4l28110) is limited to food and non-alcoholic beverages only. No alcoholfc beverage may ba served. 5. Only the tabies and chairs (6 tabfes/24chairs), as shown on the approved site plan, may be located on the public s{dewalk. No addltlonal bables, chairs, other furnlshings, heating or cooking equipment shaA be placed on the public sidewalk without the prior cipproval of the Dept, of Safety antl Inspectlons. 6. No sidewalK cafe shall be permitted in any portion of the public sidewalk where normal pedestrian tratflc flow is obstructed. A minimum �Merarance width for the area desfgnated as "pubiic walk°, as shown on approve site plan, must be maintained at all times. � 7. Ths outdoor dining area, a:s well as the tables and chairs shall be kept in a clean, sanitary conditlon. S. Fopd andlor beverage prep�raifon is not alfowed on a pubfic sidewalk without prior approval and additfonai licehsing from DSI. 9. Licensee is hereby natifi�=.d lhat the table and seating arrangement approved for this sidewalk cafi� Ilcense is subject to change, pending City �edinance changes being considered for side wafk cafes. 7he ordinance changes may require a reduction in the: number of tables/chairs and/or further restrict the permiUed locatfon for placement of tabies/ahairs. 10. The sidewalk rafe remains an e�ctension of the restaurant operaYion onto a part of the pubiic sidewalk which is immediately adjacent to ?hia licensed premises. 11. The use of a portion of ttie public sidewalk as a sidewalk cafe shall not be an exclusive use. All public improvements, including but not limited Co trees, light poles, traffic signals, pull boxes or manholes, or any publio-initiated maintenance procedure:;, :;hall take precedence over said use of,the publlc sidewalk at all tlmes. 12. If plant tubs are included ir� a sidewalk caf8, if shal� be the duty of the licensed food establishment to maintain each plant tub at all times in a sa�fe condition at its proper location and to inspect each such tub periodica➢y in order Ynat it may be prope+iy maintained. Treas or plants and their tubs shall aE aIl times be kept in a neat, clean and presentable condition. No advertisin�3 rnatter or sign or writing of any kind shall be displayed upon any tree or plant or its tub. 13. Plant tubs, tabies, chairs, aind/or fencing Ieft out over night, without first obtaining a Public W orks Obstrudion Pertnit. (Cali 65 87-7250 to obk.in this pertnit)). %��� ��.'���� i lraneoa T D&tC An Equal Opporhmity Employer 10-501 LICENSE HEARtfVG MINUTES Finnish Bistro at 2264 Como Avenue Monday, March 29, 2010, 2:00 p.m. 330 City Hall, 15 Kellogg Boulevard West Nhia Vang, Deputyll Legislative Hearing Officer The hearing was called to order at 2:01 p.m. Staff Present: Larry Zangs, Department of Safety and Inspections (D51); and Jean Birkholz, Council Research Others Present: Soile Anderson, owner; Neighbors Anders Himmelstrup and Barbara Swadburg Finnish Bistro: Wine On-Sale and Malt On-Sale (Strong), Restaurant (3) – 13-50 Seats and Sidewafk Cafe licenses. Ms. Vang stated that this is an informal legislative hearing for a Class N license appiication, which requires neighborhood notification. The City received two (2) letters of concern regarding this license appiication. If anyone has a concern, it automaticaliy triggers a legislative hearing. Other Class N Licenses include: tattoo parlors, entertainment, second hand dealerships, auto repair, etc.—things that have an immediate impact on the neighborhood. The purpose of today's hearing is to help Ms. Vang prepare a recommendation to the City Council. Ultimately, there are three (3) possible outcomes from this hearing: 1) Ms. Vang may recommend to the City Council that they issue this license without any conditions; 2) she may recommend to the City Council that they issue this license with agreed upon conditions; or 3) she may 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. 7he hearing will begin with a report from the Department of Safety and Inspections (DSI). Staff will be asked to explain their review of the application and to state their recommendation. Next, Ms. Vang 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. At the end of the hearing, she will make a recommendation for the City Council to consider. Her recommendation will be on the Consent Agenda. The City Council is the final authority on whether the license is approved or denied. Larry Zangs, Department of Safety and Inspections (DSI), reported that this is essentially a change of ownership. Ms. Anderson had an affiliation with the former entity; now, the business is under a different corporation and is the sole operator. Mr. Zangs emphasized that at this time, the Wine On-Sale and Malt On-Sale service will be confined to the building and is not being extended to the sidewalk cafe. DSI staff is recommending approval of this license with the following ten (10) conditions (NOTE: #1 to #4 are new conditions and #5 to #10 are existing conditions): 10-501 New Conditions 1. Per City of Saint Paul Legisiative Code 409.15 (a) (2), On-Sale Wine license shalt mean a license authorizing the sale of wine not exceeding fourteen (14) percent alcohol by volume for consumption on the licensed premises only in conyunction with the sale and service of food (menu item only). The sale of Malt (Strong) will also take place only in conjunction with the sale and service of food. 2. Per City of Saint Paul Legislative Code 409.15(d), licensee must be able to show that gross receipts are at least sixty (60) percent attributable to the sale of food. 3. Licensee will submit to the Department of Safety and Inspections (DSI) annual gross receipts for food and liquor for each year the license is renewed. 4. The sidewalk cafe is an extension of the restaurant operation onto a part of the public sidewalk which immediately adjoins the licensed premises. Existing Conditions 5. No sidewalk cafe shall be permitted in any portion of the public sidewalk where normal pedestrian traffic flow is obstructed. A minimum clearance width of forty-eight (48) inches must be maintained on the public sidewaik at all times. 6. No tables, chairs or any other furnishings, except plant tubs, shall be placed in the DSI approved area used for the sidewalk cafe during any period when the sidewalk cafe is not open and being operated. While such cafe is in operation, all tables and chairs shall be kept in a clean, sanitary condition. 7. The use of a portion of the public sidewalk as a sidewalk cafe shafl not be an exclusive use. All public improvements, including but not limited to trees, light poles, traffic signa{s, puVl boxes or manholes, or any pub{ic-initiated maintenance procedures, shall take precedence over said use of the public sidewalk at all times. 8. If plant tubs are included in a sidewalk cafe, it shali be the duty of the licensed food establishment to maintain each plant tub at all times in a safe condition at its proper location and to inspect each such tu6 periodicaily in order that it may be properly maintained. Trees or plants and their tubs shall at all times be kept in a neat, clean and presentable condition. No advertising matter or sign or writing of any kind shall be displayed upon any tree or plant or its tub. (NOTE: Plant tubs left out over night require a Public Works Obstruction Permit. Licensee agrees to obtain this permit, if necessary (call 651-487-7250 to obtain this permit)). 9. No outdoor food and/or beverage preparation is allowed on a public sidewalk without prior approval and additional licensing from DSI. 10. No liquor sales and/or service is aliowed on a public sidewalk without prior approval and additional licensing from DSI. No liquor sales and/or service are allowed on the public sidewalk with this license. pSl received a letter from the St. Anthony Park Community Council recommending approval of the license. pS1 recommends approval with conditions. 2 io-soi Ms. Anderson did not have any questions about the conditions. Ms. Vang asked Ms. Anderson to tell her about the business. Ms. Anderson responded that she has been there for fourteen (14) years. She has six (6) fiuil time staff and four (4) part time staff. Ms. Anderson employs a general manager there and she stops by every day; her other business is nearby. Ms. Vang inquired about the liquor liabitity insurance. Mr. Zangs responded that if this {icense goes forward, DSI must see to it that the liquor liability insurance is in place (required by the state). Ms. Vang asked about their clientele. Ms. Anderson replied that their clientele is very sophisticated; iYs a great neighborhood. She hopes to increase her evening business this summer. Hours of operation are from 7:00 a.m. to 7:00 p.m., seven (7) days a week. She is hoping to extend closing time to 10:00 p.m. There are approximately ten (10) tables which seat four (4) each on the sidewalk. Ms. Anderson stated that the people will enjoy being able to have a glass of wine outside with dinner. Mr. Zangs explained that in order for the bistro to serve wine and beer outside, Ms. Anderson will need to secure a petition from the neighbors. She wili need between 60 and 90 percent consent from the neighborhood. Ms. Vang asked whether this item needs to be laid over until Ms. Anderson goes through the petition process. Mr. Zangs replied that he sees them as two (2) separate things. He doesn't think that it's necessary to hofd up one for the other license. Ms. Vang asked Ms. Anderson whether she understood that they will not be able to serve beer and wine outside unti{ the petition process goes through. Ms. Anderson replied that she understood. Ms. Vang asked Mr. Zangs how long the process would take. Mr. Zangs answered that DSI would need to re-notice the neighborhood, the time it woutd take to get the petition circulated and signed and Ms. Anderson would need to get the petition signers' phone numbers so that DSI could called to verify. If the required number of signatures were gathered, staff would likely recommend approvai of the license and then would need to hold it for forty-five (45) days. The district council could send a letter of support waiving that forty-five (45) day period, in which case, the City could go forward. Ms. Vang asked Mr. Zangs how the Finnish Bistro's outside service area would be delineated from Dunn Bros outside service area. Mr. Zangs responded that he will go out to evaluate the situation, perhaps on Wednesday afternoon to arrange tables. He will be looking at an arrangement that allows for general order and safety for pedestrians. If beer and wine service is authorized for the outdoor areas, the seating has to be up against the building, compact and contiguous. In addition, whenever any kind of alcohol service is added to an outside area, that area has to be defined with a rail, fVower tubs, etc. Ms. Vang read the letters +nto the record. Concerns include: parking, increase in generated trash from outdoor service, how the tables are set to maintain a 48" clearance, tables and chairs creeping into the Bibelot storefront, and trash and recycling bins. Ms. Vang asked Mr. Zangs to explain the difference between a liquor license and a wine and beer license. Mr. Zangs explained that a Iiquor license is for beverages which contain alcohol content above 14%. From a parking perspective, the difference is that for a restaurant and a restaurant serving beer and wine, the parking calculations are the same (one (1) parking space per 125 square feet of the gross floor area). For a liquor establishment, the parking is based on e 10-501 one (1) parking space per 100 square feet of the gross floor area. In this case, no additional parking is required. Mr. Zangs added that for this area of the city, there are four (4) liquor licenses remaining. There is no restriction on the number of beer and wine licenses available in Saint Paul. Regarding enforcement, the same procedure is followed. Ms. Anderson said that she was surprised about the voiced concerns. It is the first time that she has been made aware of them. She will, however, make sure that her staff picks up trash as it appears. Trash bins each have a tid on them and are locked; they are emptied once a week during normal business hours. Rodents have not been an issue. Mr. Zangs will inciude a condition to maintain the area free from trash and litter. Ms. Vang stated that she will need to see a plan of how the tables/chairs, etc., will be set up. She will withhold her recommendation until she evaluates the plan. lf the plan is approved, she will recommend approva/ pending any additional recommended conditions made by DSI. Mr. Zangs noted that he will visit the site on Wednesday afternoon and then get the plan together. Barbara Swadberg, resident of Saint AnYhony Park since 1970, addressed the hearing. She is here in support of Ms. Anderson's request for these licenses. Ms. Anderson is a responsible business owner who provides a well managed business, and has been a community supporter. Ms. Swadberg is a patron of the Finnish Bistro. The outside seating, which the neighborhood enjoys, had been there since before Ms. Anderson took over and she doesn't understand why the City is concerned about the seating arrangement. Mr. Zangs explained that the City is looking to improve the ordinance regulating outdoor seating, which has a 36" required space for public walking and which could be increased at the discretion of the Public Works director. Since that time, concern has been raised regarding handicapped accessibility. The issue of sidewalk cafes has changed over time and the City's ordinance is also in need of change. At this point, a new rule has not been approved; however, the Public Works director has indicated that henceforth, a minimum of 48" will be required. The number of tables and how they are arranged has been of particular concern in downtown. The City is trying to provide a straighter path for pedestrians to navigate, especially for those with disabilities. Anders Himmelstrup, Saint Anthony Park resident for forty-six (46) years, addressed the hearing. He stated that he and his wife have been very active in the neighborhood. They have enjoyed Ms. Anderson's European style friendliness and cozy atmosphere since she began her businesses in Saint Paul during the early 80's. He finds it hard to believe that anyone would not want to have a glass of wine with their lunch at Soile's. He urged approvai for this license on behave of all the people that he knows. Ms. Swadberg also commented that although there are certainly parking issues within the neighborhood, the need for on-street parking varies with the time of day; by 5:00 p.m., there is not a parking issue. 4 10-501 Ms. Vang asked Ms. Anderson where her staff parks. Ms. Anderson responded that her staff parks quite a distance from the Bistro so that patrons may park nearer. Ms. Vang will recommend approval with the following conditions: 1. Per City of Saint Paul Legislative Code 409.15(a) (2), on-sale wine license shall mean a license authorizing the sale of wine not exceeding fourteen (14) percent alcohol by volume, for consumption on the licensed premises only in conjunction with the sale and service of food (menu item only). The sale of Malt (Strong) will also take place only in conjunction with the sale and service of food. 2. Per City of Saint Paul Legislative Code 409.15(dj, licensee must be able to show that gross receipts are at least sixty (60) percent attributable to the sale of food. 3. Licensee will submit to the Department of Safety and Inspection (D51) annual gross receipts for food and liquor for each year the license is renewed. The subsequent conditions apply to the sidewalk cafe license: 4. Service to the exterior dining area on the public sidewalk, as show on the approved site plan (dated 04/28/2010; Exhibit B) is limited to food and non-alcoholic beverages only. No alcoholic beverage may be served. 5. Only the tables and chairs (6 tables/24 chairs), as shown on the site plan (Exhibit B), may be located on the public sidewalk. No additionat tables, chairs, other furnishings, heating or cooking equipment shall be placed on the public sidewalk without the prior approval of DSI. 6. No sidewalk cafe shall be permitted in any portion of the public sidewalk where normal pedestrian traffic flow is obstructed. A minimum clearance width for the area designated as "public walk", as shown on the approved site plan (Exhibit B), must be maintained at all times. 7. The outdoor dining area, as well as the tables and chairs shall be kept in a clean, sanitary condition. 8. Food and/or beverage preparation is not allowed on a public sidewalk without prior approval and additional licensing from DSt. 9. Licensee is hereby notified that the tables and seating arrengement approved for this sidewalk cafe license is subject to change, pending City Ordinance changes being considered for sidewalk cafes. The ordinance changes may require a reduction in the number of ta6les/chairs and/or further restrict the permitted location for placement of tables/chairs. 10. The sidewa{k cafe remains an extension of the restaurant operation onto a part of the public sidewalk which is immediately adjacent to the licensed premises. 11. The use of a portion of the public sidewalk as a sidewafk cafe shall not be an exclusive use. All public improvements, including but not limited to trees, light 5 io-soi poles, traffic signals, pull boxes or manholes, or any pubiic-initiated maintenance procedures, shall take precedence over said use of the public sidewalk at ail times. 12. If plant tubs are included in a sidewalk cafe, it shall be the duty of the licensed food establishment to maintain each plant tub at all times in a safe condition at its proper location and to inspect each such tub periodically in order that it may be properly maintained. Trees or plants and their tubs shall at al� times be kept in a neat, clean and presentable condition. No advertising matter or sign or writing of any kind shall be dispiayed upon any tree or its tub. 13. Plant tubs, tables, chairs, and/or fencing cannot be left over night without first obtaining a Public Works Obstruction Permit. (Cali 651-487-7250 to obtain this permit). The hearing was adjourned at 2:55 p.m. /jab Note: Conditions' Affidavit was signed on April 29, 2010. r,