10-503Council File # 10-503
Green Sheet # 3110656
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presentedby �� �`--
/d
WHEREAS, Vone X Moua and Mee Moua d(b/a Malina's Sports Bar and Grill, located at 691 Dale
2 Street in Saint Paul, has requested a waiver of the 45-day notice requirement for issuance of an
3 Entertainment B license; and
5 WHEREA5, the District 7 Planning Council has agreed to the waiver of the notice
6 requirements; and
8 VJHEREAS, sixty six (66) residential properties are within 350 feet of the main entrance to
9 licensee's establishment, and licensee has obtained consent from thirty-three (33) of those properties
10 (50%); and
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12 WHEREAS, the Council finds that the licensee made a good faith effort to fulfill all petition
13 requirements, and that the results of the attempts to obtain signatures showed a generally favorable
14 disposition from the surrounding community towazd the proposed licensed activity; and
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16 WHEREAS, the Council finds that issuance of the license with conditions will not interfere with
17 the reasonable use and enjoyment of neighboring property and residences and will not bear adversely on
I 8 the health, safety, morals and general welfare of the community; and
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20 WHEREA5, the Council finds that the application is in order and there are no grounds for denial of
21 the license and that the failure to the license would cause exceptional and unusual hardship to the license
22 applicant; and
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24 WHEREAS, the licensee agrees that in the event a complaint is received prior to the expiration of
25 the 45-day period and the complaint provides a basis for adverse action against the license, that the
26 Department of Safety and Inspections may direct the licensee to immediately discontinue all operations
27 until a public hearing is scheduled, and that the licensee shall comply with said directive; and
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29 WHEREAS, the notice was provided to nei�boring properties within 350 feet and Yhe district
30 council and no objections have been received; now, therefore, be it,
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RESOLVED, that the 45 day notice requirements of § 41 I.04 of the Saint Paul Legislative Code
are hereby waived and an Entertainment B license is issued to Vone X Moua and Mee Moua d/b/a
Malina's Sports Bar and Grill, located at 691 Dale Street in Saint Paul, subject to the agreement stated
above and the following license conditions:
Establishment employees will, daily, monitor the perimeter of the property for trash and
bottle pick-up.
The license holder shall maintain video surveillance cameras inside and outside the
establishment. (additional language added by City Council on 11/1�/2006: The video
recordings shal] be kept by the ]icense holder for at ]east (30) days and produced
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immediately upon request by the Saint Paul Police Department or the Department of Safety
and Inspections.
3. During normal business hours, the license holder will only allow entrance and exit from the
establishment through the northern most door located on Dale Street. The other two doors
will only be used as emergency exits.
4. The license holder will place a sign on the exterior south wall of the establishment, on Van
Buren Avenue. The sign will read "Parking for Malina's Sports Bar and Grill is located on
the other side of the building. Please do not park on the street.".
Conditions #5, 6, 7, 8, & 9 added on 4/13/10 in conjunction with request for Entertainxnent B License.
5. The license holder shall consult with the Saint Paul Police Department (SPPD) to increase
the amount of lighting that surrounds the building and is in the pazking lot of the
establishment, and shall make any necessary improvements to the lighting in accordance
with SPPD recommendations prior to issuance of the Entertainment B license. All lighting
improvements shall be maintained in accordance with SPPD recommendations.
6. The license holder will meet with District 7 Planning Council and its members six (6)
months after approval of this license to respond to any issues the neighborhood might have
regarding the addition of the Entertainment B license.
7. Proof of a valid shared pazking agreement for a minimum of twelve (12) off-street parking
spaces must be submitted to DSI-Zoning Section annually at time of renewal of the licenses.
The location of the off-street parking spaces must comply with applicable City Code
Requirements regarding shared parking.
8. Signage at 691 Dale Street North must be displayed in the parking lot to inform your
patrons that overflow parking is available at 633 Minnehaha Avenue West.
9. The licensee acknowledges that use of the basement for the sale and/or consumption of food
and/or beverage (including both alcoholic and non-alcoholic) by either customers and/or
employees is prohibited. No customers and ar patrons are permitted in the basement of this
establishment.
Reque ted by Department of:
..� � � . � � ,p,,,., ��� ,� , 5 �
By: "" Sc"-L�
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Approved by the Office of Financial Services
By:
Thune � Appr�City Atto^ev
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Adopted by Council: Date d�/ �/ ��///[) ApprovEd � or ubmiss Cou �1
Adophon Certified by Council ecretary By:
BY� / / /l//1i�1�/I '/�Sf
Approved y : ate `� /�7/ 7�/J
By: Y�(�1L.X—�
Yeas Na s Absent
so5ffom ,/
Carter
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Helgen �
Lantry �
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
SI - Dept. of SafeTy &
Contact Person & Phone:
Rachel Tiernev
266-5710
Mus! Be on Councii Agen
19-MAY-10 � '��
Doc. Type: RESOLUTION
Inspections
by
11 MAY 2010
y
Assign
Number
For
Routing
Order
Green Sheet NO: 3110656
E-Document Required: Y
Document Contact: �ulie Kraus
Contact Phone: 266-8776
0 e t. of Safe & Ins ecHons 0
1 e t. of Sa(e & Ios ections Deparhnent D'vector
2 iry AttomeV I City Attoruey i
3 a or's O�ce Ma odAssistant
4 ouncil CiN CouncO I
5 i Clerk Ci Clerk
Total # of Signature Pages _(Clip Ail Locations for Signature)
Action Requested:
Approval of the resolution waiving the 45-day norification requirement in Chapter 409.06 of the 5aint Paul Legislafive Code and
granting with conditions an Entertainment B license to Vone X Moua and Mee Lee Moua d/b/a Malina's Sports Baz and Grill
(License ID#2001000232b) for tl�e premises located at 691 Dale Street in Saint Paul.
Recommendations: Approve (A) or Reject (R).
Planning Commission
CIB Committee
Civil Service Commission
Personal5ervice Contracts Must Answer the Following Questions:
1. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this persoNfirm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current ciry employee?
Yes No
Explain all yes answere on separete sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Council action is necessary in order to waive the community notification requirements contained in Chapter 409.06 of the Saint Paul
Legislative Code. District 7 Planning Counci has agreed to the waiver of the notice requirements.
Advantages If Approved:
Disadvantages If Approved:
Disadvantages If Not Approved:
ToWi Amount of
Transaction:
Punding Source:
CostlRevenue Budgeted:
Financial Information:
�.. (ExPlain)
Activity Number.
May 11, 2010 11:12 AM Page 1