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10-571Council File # 10 � s'� Green Sheet # ,3(f 3/7�v RESOLUTION AUL, MINNESOTA Presented by // 2 4 5 10 11 l2 13 14 IS 16 17 18 WHEREAS, the Deputy Legislative Heazing Officer recommends that the application to add a Entertainment (A) license to the existing Liquor On Sale — 100 Seats or Fewer, Liquor On Sale — Sunday, Restaurant (4) — 51-150 Seats and Gambling Location for BIS Liquors Inc (LD. 20090002244), doing business as Nickels Sports Bar, 501 Blair Avenue, be approved with the following conditions: 1. Glass dumping will not happen before 7:00 a.m. and not after 9:00 p.m. 2. Trash around the premises will be picked up by the licensee or the employees on a daily basis. 3. Per City of Saint Paul Legislative Code 411.02, the definition of Entertainment A is, "Amplified or non-amplified music and/or singing by performers without limitation as to number, and group singing parricipated in by patrons of the establishmenY' (includes karaoke). Entertainment A license does not allow for patron and/or performance dances. 4. All entertainment must end by 12:00 a.m. midnight each night of the week. 5. Exterior doors must be closed at all times whenever entertainment is provided. 6. No music exceeding the decibel level set forth by City noise ordinance requirements shall be heard past the property line. 7. The license holder shall meet with the District 7 Planning Council and its members six (6) months after approval of the Entertainment (A) license. 19 THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license 20 application. Yeas Nays Absent Bostrom � Carter �/ Harris �/ Helgen � Lantry �/ Start +/ Thune � Adopted by Council: Date � "�� �/� Adoption Certified by �cil retary BY � s J Approved Ma, or: Date [���/ ZD�U By: Requested by Department of: Sy: Form Approved by City Attorney Sy: Form Approved by Mayor for Submission to Council By: � Green Sheet Green Sheet �o-5a-� Green Sheet Green Sheet Green Sheet Green Sheet DepartmenUOffice/Council: Datelnitiated: GYP.P.II S�P.P.� NO 3113176 CO —Council 25 MAY 2010 Contact Person 8 Phone: Deoartment Sent To Person Initial/Date Nhia Vanp o o��� 0 266-8566 1 ouncil De artment Direcmr Assign 2 ' Clerk C1 Clerk Must Be on Council Agenda by (Date): Number 3 0 02-JUN-10 Por Routlny < � Doc.Type:RESOLUTION Order 5 0 E-DOCUment Required: Y Document Contact: Contact Phone: Totaf # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approving the license application with conditions, per the Deputy Legislative Hearing Officer, to Add an Entertainment (A) license fo� BIS Liquors Inc., doing business as Nickels Spor[s Bu, 501 Blair Avenue. Recommendalions: Approve (A) or Rejecl (R): personal5ervice Contracts Must Answer the Following Questions: Planning Commission 1. Has this person/firm ever worked under a contrad for this department? CIB Committee Yes No Civi1 Service Commission 2. Has this personlfrtn ever 6een 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): Ativantages If Approved: Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of Trensaction: Cost/Reve�ue Budgeted: Funding Source: Activity Number: Financ ia l I nformati on: (6cptain) May 25, 2010 1:37 PM Page 1 tn-5�1 Signed Affidavit C I3'Y OF SAlNT PAUL DEPARTMENT OF SAFE7Y AND INSPfCTIONS Chrietopl»r B. Coleman, Mayor eoew�w�, W� J10J�daen54w15if1130 TebPxin (L6ilzab�fY6D Se'MPUtl.e.a�mp63f01-fE06 F�e1M1rc4(06�)�� Web&bPdanv' wrvrlpuLqwqd (!6f)1l631N I agree to the /oliowing condltions being placed on the following ticense(s): license #: 2009�00224a Type of Business: Enlertainment (A) Gambling Location Lipuor On Sa�e - 1 �0 seats or �ess liquor On Sale - Sunday Restaurant (4J - 51-150 Seats Applied Wr by. BIS UQUORS INC Doing Business As: NICKELS SPORTS BAR et: 501 BLAIR AVE ST PAUI MN 55103 CondRions 8re as follows: 1. Glass dumping will not happen be(ore 7:00 A.M and n0t aiter 8:00 P,M. 2. Trash eround fhe premises WIII be pleked up by the Ilcensee or Ihe employeea on a da(ly basis. 3. Per Ciry of Saint PBUI Lagislative Code 417.02, ihe definition of Eniartainment A is, "Ampilfled o� nonempl�ed music and/or singing by pertormers without limilation as to numbar, and group singing participated'm by patrons of the astablishment" (includes kareoke). Entartainment A ticense does not aqow for patron and/or performance dances. 4. PJI enterteinment must end by 12:00 a.m. midnight each night of the week. 5. Exterior daors must closed ai alI Gmes whenever entertainment is pravided. 8. No music exceeatng tha aecibel leve! sat forth by Ciry noise or0inance requiremants shall be heerd past the property Ilne. 7. Fhe I'�cense hotder shali maef with the District 7 Planning Council and its members six months aftet approval of the Ente inment A IUense. �/7 // L' ensee Data �o- 5� t LICENSE HEARING MINUTES Nickels Sports Bar at 501 Blair Avenue Thursday, May 6, 2010, 10:00 a.m. 330 City Hall, 15 Kellogg Boulevard West Nhia Vang, Deputy Legislative Hearing Officer The hearing was called to order at 10:00 a.m. Staff Present: Kristina Schweinler, Department of Safety and Inspections (DSI); and Jean Birkholz, Council Research Others Present: Ken Brill and Dave Imsdahl, owners; and Tait Danielson Castillo, District 7 Planning Council Nickels Sports Bar license: Add an Entertainment (A) license to existing Liquar On Sale - 100 Seats or fewer, Liquor On Sale - Sunday, Restaurant (4) - 51-150 Seats and Gambling Location licenses Ms. Vang stated that this is an informal legislative hearing for a Class N license applicafion, which requires neighborhood norification. The City received one (1) letter of concern regarding this license application If anyone has a concern, it automatically triggers a legislarive hearing. Other Class N Licenses include: tattoo parlors, second hand dealerships, auto repaix, 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 xefer it to an administrative law }udge for a further hearing and findings. The 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. Kristina Schweinler, Senior License Inspector, Department of Safety and Inspections reported that the inspecfion requirement far Licensing was approved with conditions and the inspection requirement for Zoning was approved. DSI is recommending approval with the following conditions: 1. Glass dumping will not happen before 7:00 a.m. and not after 9:00 p.m. 2. Trash around the premises will be picked up by the licensee or the employees on a daily basis. �o-S�1 3. Per City of Saint Paul Legislarive Code 4ll.02, the definition of Entertainment A is, "Amplified or non-amplified music and/or singing by performers without limitafion as to number, and group singing participated in by patrons of the establishmenY' (includes karaoke). Entertainment A license does not allow for patron and/or performance dances. A dance floor cannot be provided for patrons to dance. Live and taped, electronically produced music would allow for live bands, DJs, and it does not limit the number of people who are performing. Ms. Vang asked Mr. Brill about his business. Mr. Brill responded that they took over the business in June of 2009. They are applying for this license for karaoke. Karaoke has been a pazt of the bar for a number of years. They found out in January 2010 that they needed a license to cany on the tradition. Karaoke is performed at Nickels every Saturday night beginning at 9:00 p.m. and on some holidays and holiday weekends. The number of customers vary from twelve (12) to twenty-five (25). The bar also has bingo on Saturday nights. On Thursday nights, it sponsors a meat raffle. Usually, there is one (1) bartender on duty. If the owners are in the bar, they will also help out. Staff doesn't increase during the nights of karaoke. Noise hasn't been a problem in the past and he doesn't anticipate it being a problem in the future. Parking is not an issue. There is a small slanted parking lot with room for nine (9) to ten (10) cars on the east side of the building and room for one (1) or two (2) cars in the back. They are open for business from 9:00 a.m. to 1:00 am.; however, on Monday through Thursdays, closing varies between 10:30 p.m. -11:30 pm. Friday and Saturday are the only nights Nickels actually is open until 1:00 a.m. Mr. Tait Danielson Castilla, ExecuHve Director, District 7 Planning Council, addressed the hearing. He stated that the neighbors who attended the meeting had a lot of ideas about making Nickels more manageable; the owners were also present at the meeting. He commentec that he didri t know if providing illegal entertainment is an excuse for continuing entertainment but he doesn't want to use that as a reason why it wori t be a problem; it may have caused problems for neighbors but they just didn't call. It is probably because they may not know whom to call. Frogtown has had more problems with bars that have entertainment as opposed to those that dori t have entertainment. On behalf of the District 7 Planning Council, Mr. Danielson Castilla recommends approval with the following conditions: 1. No live music except karaoke in the front room. 2. No live music performer shall have more than four (4) people in their band. 3. All entertainment must end by midnight. 4. Exterior doors must remain closed at all times. 5. All entertainment shall only be performed on Friday and Saturday. 6. No music exceeding the decibel level set forth by the city noise ordinance shall be heard past the property line. 7. The license holder will meet with District 7 Planning Council and its members six (6) months after approval of this license. � o� S�-1 Ms. Vang asked Mr. Brill for his comments on District 7's recommended conditions. Mr. Brill responded that they would also like to have entertainment on certain holidays or special events. Ms. Schweinler responded that the City does not limit the days because iYs not enforceable, so DSI would not recommend #5. The Entertainment (A) license does allow for live music bands without limitation as to the number of performers. Mr. Tate Danielson Castillo stated that the recommended condirions from District 7 are what the neighborhood wants. For sure, it doesn't want live music in the front room. Mr. Brill responded that there is not enough room in the front room for a band. Following the discussion, conditions #3, #4, #6 and #7 from District 7 was accepted and Ms. Vang recommends approval with the following conditions: 1. Glass dumping will not happen before 7:00 a.m. and not after 9:00 p.m. 2. Trash around the premises wIll be picked up by the licensee or the employees on a daily basis. 3. Per City of Saint Paul Legislarive Code 411.02, the definition of Entertainment A is, "Amplified or non-amplified music and/or singing by performers without limitation as to number, and group singing participated in by patrons of the establishment° (includes karaoke). Entertainment A license does not allow for patron and/or performance dances. 4. All entertainment must end by 12:00 a.m. midnight each night of the week. 5. Exterior doors must be closed at all tunes whenever entertainment is provided. 6. No music exceeding the decibel level set forth by City noise ordinance requirements shall be heard past the property line. 7. The license holder shall meet with the District 7 Planning Council and its members six (6) months after approval of the Entertainment (A) license. The hearing was adjoumed at 10:23 a.m. /jab Note: Conditions' Affidavit was signed and received May 7, 2010.