10-626�us��Ns� o�►
P�esented
by
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
1r'�'7 �—
Council File # 10-626
Green Sheet # ,3// SOSIo
Approving the application with conditions, per the Deputy Legisiative Hearing
Officer, to add a Liquor-Outdoor Service Area (Patio) license
for Lonetti's Lounge (I.D. fi20030004659),1091 Rice Streef
1 WHEREAS, the Deputy Legislative Hearing Officer recommends that the application to
2 Add a Liquor-Outdoor Service Area (Patio) license to the existing Liquor On Sale —
3 100 Seats or fewer, Liquor On 5ale — Sunday, Liquor On Sale — 2 AM Closing,
4 Entertainment (A), Gambling Location, and Restaurant (4) — 51-150 Seats licenses for
5 JSR Inc A Minnesota Corporation., doing business as Lonetti's Lounge (I.D.
6#20030004659),1091 Aice Street, be approved with the following conditions
8 1. Licensee must provide working video surveillance cameras and recorders on the
9 premises to provide documentation of activities on the interior and exterior of
10 the establishment. This equipment must be in operation during all business
I 1 hours. Tapes must be maintained for thirty (30) days and be immediately
12 available to the Saint Paul Police Department (SPPD) and the Department of
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Safety and Inspections (DST) upon request.
2. Uniformed and clearly identifiable securiYy personnel shall be assigned to each
entrance starting at 9:00 p.m. every day and shall remain until all patrons have
left the licensed premises. Security personnel shall "wand" (using a metal
detector) each patron and check all handbags and packages carried by patrons.
Security personnel shall verify the age of patrons by checking state or federally
issued identification cards (no picture I.D., no entrance.). Customers re-entering
the establishment shall be subject to the same security measures as customers
entering the establishment for the first time.
3. The security personnel shall not fraternize with the patrons.
23 4. (Revision stipulated by Council Resolution 08-1006 on 9/10/2008) If licensee
24 obtains a 2:00 a.m. license, the license holder shall not allow new patrons to enter
25 the establishment after 1:3� a.m. Last call will be no later than 1:30 a.m. The
26 establishment will be closed with all patrons and staff gone by 2:30 a.m.
27 5. The license holder, security staff and employees of the establishment shall
28 cooperate with the police by calling for assistance when there is a threat of
29 violence or other criminal behavior.
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6. Clearly identifiable security personnel shall be assigned to the back door on
Thursday, Friday and Saturday evenings with wanding equipment being used as
patrons enter/re-enter the bar area.
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33 7. The food and beverage service to the patio must stop at 10:00 p.m. each night of
34 the week. Patrons will be allowed to smoke on the patio until 2:30 a.m.
35 8. No outdoor food and/or beverage preparaiion is allowed on the outdoor patio
36 without prior written approval and additional licensing from DSI.
37 9. The liquor Outdoor Service Area (Patio) license will be reviewed by the District 6
38 Planning Council on or before 10/Ol/2010.
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10. Licensee will post signs in the patio encouraging patrons to respect the
neighborhood by limiting noise in the patio area as much as possible.
42 THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby
43 approves this license application with the aforementioned agreed-upon condition
V
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Requested by Department of:
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Adopted by Council: Date �O�y,
AdopSon Certifie�d b�y C S�e etary
BY� //' /l�,A/�( //rlL���67
Approved by r: ate ���`` �7�Dnc
BY � ,
Form Approved by CiTy Attorney
By:
Form Approved by Mayor for Submission to Council
By:
S �S��S�DI�{ �T�(� 10-626
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DeparimeMl�ce/Council: Date initiated:
co-�°°^°�� 09JUN2010 Green Sheet NO: 3115056
Contact Person ffi Phone: Deoartment Sent To Person InitiaVDate
Nhia Vang o oon�u 0
266-8566 1 ouocil De artmentDirector
Assign Z ' Clerk Cti Clerk
Must Be on Council Agenda by (Date): Number �
09-JUN-10 For 3
Routing 4 0
Doc.7ype:RESOLUTION Order 5 0
E-Document Required: Y
Documenl Contact: �ean Bit{:hotz
Contact Phone: 266-8673
Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Approving the license application with conditions, per the Deputy Legislative Heazing Officer, to add a Liquor Outdoor Service Area
(Patio) ]icense to extend ]iquor service to an existing patio for JSR Inc a Minnesota Corporation doing business as Lonetti's Lounge,
1091 Rice Street.
Recommentlations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a contract for this department?
CI8 Committee Yes No
Civil Service 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 ali yes answers on sepaate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages If Approved:
Disadvantages lf Approved:
Disadvantages If Not Approved:
Total Amount of CosVRevenue Bud eted:
Transaction: 9
Punding Sou�ce: Activity Num6er.
Financia l Information:
(Explain)
June 9, 2010 1:53 PM Page 1
10-626
LICENSE HEARING MINUTES
Lonetti's Lounge at 1091 Rice Street
Thursday, March 25, 2010, 2:00 p.m.
330 City Hall, 15 Kellogg Boulevard West
Nhia Vang, Depury, Legislative Hearing Officer
The hearing was called to order at 2:05 p.m.
Staff Present: Christine Rozek and Kristina Schweinler, Deparrinent of Safety and
Inspections (DSI); and Jean Birkholz, Council Research
Others Present: Ron and Janet Lonetti, owners; Kerry Antrim, Executive Director,
District 6 Planning Council
Lonetti's Lounee: Add a liquor-outdoor service area (patio) license to extend liquor
service to the existing patio.
Ms. Vang stated that this is an informal legislative hearing for a license application.
This particular license requires 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 legislative hearing. In this case, Mr. Lonetti
requested a legislative hearing and the City also received letters from the District 6
Planning Council. 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 her
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.
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 will also explain
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.
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Christine Rozek, Deputy Director, Departrnent of Safety and Inspections (DSI), reported
that this is an application to allow liquor service on a patio at Lonetti's Lounge, 1091
Rice Street. Currently, there are five (5) existing license conditions at that location:
1. Licensee must provide working video surveillance cameras and recorders on
the premises to provide documentation of activities on the interior and
exterior of the establishment. This equipment must be in operation during all
business hours. Tapes must be maintained for thirty (30) days and be
immediately available to the Saint Paul Police Department (SPPD) and the
Department of Safety and Inspections (DSI) upon request.
2. Uniformed and clearly identifiable security personnel shall be assigned to
each entrance starring at 9:00 p.m. every day and shall remain unril all
patrons have left the licensed premises. Security personnel shall °wand"
(using a metal detector) each patron and check all handbags and packages
carried by patrons. Security personnel shall verify the age of patrons by
checking state or federally issued identification cards (no picture I.D., no
entrance.). Customers re-entering the establishment shall be subject to the
same security measures as customers entering the establishment for the first
time.
3. The security personnel shall not fraternize with the patrons.
4. (Revision stipulated by Council Resolution 08-1006 on 9/10/2008) If licensee
obtains a 2:00 a.m. license, the license establishsnent will be closed with all
patrons and staff gone by 2:30 a.m.
5. The license holder, security staff and employees of the establishment shall
cooperate with the police by calling for assistance when there is a threat of
violence or other criminal behavior.
On October 27, 2009, the District 6 Community Council submitted a letter of support
recommending service and use of the patio be suspended at 1:00 a.m. Notices were
originally mailed to the neighbors and the District 6 Community Council on December
24, 2009 with the following recommended additional license conditions:
6. No live or other music is permitted outside on the premises.
7. Security personnel shall be assigned to the patio on Thursday, Friday and
Saturday evenings with wanding equipment being used as patrons enter/re-
enter the bar area.
8. The outdoor patio shall be closed at 1:00 a.m. each night of the week, and
there shall be no customers, patrons and/or employees allowed on the patio
for any reason after this time.
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9. No outdoor food and/or beverage preparation is allowed on the outdoor
paHo without prior wriften approval and additional licensing from DSI.
10. The Liquar Outdoor Service Area (Patio) license will be reviewed by the
District 6 Planning Council on or before 08/Ol/2010.
There were no objections to the extension of liquor service to the patio with the
conditions proposed in the notification letter. The license holder, Ron Lonetti, would
not sign a license condition affidavit agreeing to operate under the proposed conditions
because he objected to condition #8. On March 9, 2010, Mr. Lonetti submitted a letter to
DSI requesting a legislative hearing to modify the proposed conditions. On March 11,
2010, District 6 subsequently submitted a new recommendation for condition #8 which
suggests that food and beverage (both alcoholic and non-alcoholic) service should be
stopped at 10:00 p.m. but that smoking be allowed on the patio until the bar closes.
Inspection Requirements:
Building has approved.
- The extension of food and/or beverage service to an existing patio requires a
service availability charge (SAC) review by the Metropolitan Council
Environmental Services far a potential increase in water volume discharge.
Plans submitted and approved under the SAC review restrict the patio area to
having no more than twelve (12) seats and twelve (12) lineal feet of drink rail.
Any change in use or size would require a new SAC review.
Environmental Health has approved.
- License has approved with the recommended conditions and the additional
note that the patio is currently not in compliance with state law regarding
smoking in outdoor areas. For the patio to be considered an outdoor area,
more than 50% o£ the wall space must be open. In order for DSI to approve
this patio application, the tarps need to be removed and the temporary signs
that are on the inside blocking the air flow need to be removed.
Zoning has approved.
DSI supports the new recommendation of the district council for a revision of condition
#8 which includes service of food and beverage on the patio unti110:00 p.m. only. Aftex
10:00 p.m., the patio may be used for smoking but not sales or service. Mr. Lonetti
stated that he is in 100% agreement with District 6's recommendation. He pointed out,
too, that the snow fence in front of the patio will be coming down. Ms. Rozek
instructed that the fence must come down and stay down; not come up again next
winter. Also, the signs blocking the window need to be removed.
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Ms. Vang asked about the number of people who usually occupy the patio space. Mr.
Lonetti replied that there is room for sixteen (16) seated on the patio; four (4) in the bar
area. Ms. Rozek said there is no limit as to the number of people occupying that space.
Ms. Vang asked whether Fire has inspected the patio. Mr. Lonetti responded, "Yes."
T`here are ashtrays and trash bins (2) on the patio. Lonetti's hours of operation are from
10:00 a.m. — 2:00 a.m, seven (� days a week. Mr. Lonetti stated that they usually close
earlier. Clientele has increased for special events since they have secured the 2:00 a.m.
license. Extra bartenders, security and wait staff are added for special events,
depending upon the event. All extra security staff wears identifiable uniforms. All staff
must go through training. Discussion ensued as to whether alcohol was passed over
the fence and the number of events that were held in the parking lot. Ms. Vang asked
whether Mr. Lonetti would be agreeable to adding a condition to ensure that there was
no sharing of liquor over the fence to people in the parking lot and about extension
permit for events held in the parking lot. Mr. Lonetti agreed to not allow the sharing of
almhol over the fence and stated that during a special event, they usually get a special
liquor extension permit. DSI staff noted that a special liquor extension permit is
available to businesses twelve (12) times a year. Ms. Rozek asked whether security is
available so that alcohol doesn't go out the side door ar leave the patio. Mr. Lonetti
responded that a security guard stands right at the entry way of the patio going into the
building.
Ms. Vang asked if there is any signage on the patio that asks patrons to keep the noise
down. Mr. Lonetti said, "No." He added that he is thinking about keeping the drinks
inside after 9:00 p.m. The Lonetti s are open to putting signs up in the patio asking
patrons to respect the neighbors and keep the noise down. Ms. Vang asked how close
the residential homes were from Lonetti's. Janet Lonetti stated that there is residential
right behind Lonetti's across the alley. The house on the corner is abandoned. The
triplex tenants directly behind the parking lot are usually in the bar. Mr. Lonetti noted
that they had asked the neighbors if they heard noise the last time the bar had an
extension into the parking lot and they said they didn't hear a thing.
Ms. Kerry Antrim, District 6 Planning Council, addressed the hearing. She stated that
the district council meets once a month with police officers, a representative from the
City Attorney's office, the community prosecutor and Pat Fish from Inspections, Code
Enforcement. Police officers have expressed concern that the front door of Lonetti's is
locked after a certain time each night. Ms. Schweinler added that DSI's policy is that if
a door is going to be locked, it must be manned at all times. Doors have to be accessible
to inspection at all times that a business is open. Ms. Vang asked Mr. Lonetti if he
understood that he cannot keep the front door locked; if it is locked, a person must be
10-626
there to open it at all times. Janet Lonetti responded that they have one (1) security
guard who maintains the entrancelexit from 9:00 p.m. until closing. At 9:0� p.m., the
front door for entrance is closed; anyone coming in after 9:00 p.m. has to enter the back
door. The back area is well lit; iYs where customers park. Lonetti's think they are doing
the community a service by not having a congregation of smokers hanging out the front
door. This works for the community and there has been only one (1) complaint by one
(1) police officer, who said he would smash the door open if need be. Janet said she told
him that if there ever was a problem, Lonetti's would expect that they would smash it
open. Ms. Schweinler repeated the rule, "If you're going to lock the door, you have to
have someone there to open it. Doors have to be accessible at al] times that a business is
open." Mr. Lonetti said he understood.
Ms. Vang stated that she will modify condition #6 and strike the words °live or other."
Condition #8 will be modified to read that service of food and beverage on the patio be
served unti110:00 p.m. only. After 10:00 p.m., the patio may be used for smoking, but
no sales or service. Also, there shall be no customers, patronsiemployees allowed on
the patio for any reason after 2:30 a.m. Janet Lonetti argued that on rare occasions, iYs
difficult to get all staff out of the establishment by 2:30 a.m. Ms. Schweinler noted that
it is a gift from the City to allow anyone remaining unti12:30 a.m.; the state rule says
2:00 a.m. Ms. Vang will also add a condition regarding signage on the tables on the
patio and condition specifying that alcohol cannot leave the patio area and that they
will need to apply for extension service permit. Ms. Rozek will add a condition about
having 50°l0 of the wall space remaining open on the patio. Ms. Vang asked whether
they understood that no temporary ads are to be placed on the patio. Mr. Lonetti said
he understood. Ms. Vang will accept the recommendation from DSI with the agreed-to
additional conditions and recommend to the City Council that it approve this license
application. When the Conditions' Affidavit has been signed by the applicant and
received by the City, the recommendation will move forward.
The hearing was adjourned at 2:32 p.m.
The Deputy Hearing requested to re-convene the hearing at 2:00 p.m., Thursday, May
13, 2010, in order to inquire into why Mr. Lonetti has not signed the affidavit with the
agreed-upon conditions from the March 25th legislative hearing and to clarify
questions regarding the conditions' language.
The hearing was called to order at 2:00 p.m.
Staff Present: Christine Rozek, Department of Safety and Inspections (DSI); and
Jean Birkholz, Council Research
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Others Present: Ron Lonetti, owner; Kerry Antrim, Executive Director, District 6
Planning Council
Lonetti's Lounee: Add a liquor-outdoor service area (patio) license to extend liquor
service to the existing patio.
Ms. Vang thanked Mr. Lonetti for coming back to clarify the conditions' language. She
explained that during the Legislative Hearing on March 25, 2010, it was understood that
Mr. and Mrs. Lonetti had agreed to all of the license conditions. Since then, however,
she had been informed that was not the case. Her intention with re-convening the
hearing is to address Mr. and Mrs. Lonetti's concems about the conditions.
Ms. Vang reiterated the process: her recommendation will go to City Council in the
form of a resolution and will appear on the consent agenda. 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) if she and the applicant
are unable to reach consensus on the conditions she thinks are best to make it work for
this neighborhood, she may recommend to the City Council that they not issue this
license but refer it to the City Attorne� for adverse action.
Conditions added at the March 25, 2010 hearing:
6. No live or other music is permitted outside on the premises.
7. Security personnel shall be assigned to the pario on Thursday, Friday and
Sahxrday evenings with wanding equipment being used as patrons enter/re-enter
the bar area.
8. The outdoor patio shall be closed at 1:00 a.m. each night of the week, and there
shall be no customers, patrons and/or employees allowed on the pario for any
reason after this time.
9. No outdoor food and(or beverage preparation is allowed on the outdoor patio
without prior written approval and additional licensing from DSI.
10. The Liquor Outdoor Service Area (Patio) license will be reviewed by the District
6 Planning Council on or before OS/Ol/2010.
11. Alcohol cannot leave the approved patio. Any extension to the parking lot will
require a special temporary extension license.
12. 50% of the wall space of the patio must remain open in order for smoking to be
allowed. Any tarps or signage that reduces the open space to less than 50% must
be permanently removed.
13. Licensee will post signs in the patio encouraging patrons to respect the
neighborhood by limiting noise in the patio area as much as possible.
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Ms. Vang asked Mr. Lonetti to explain his wncerns about the conditions listed above.
Mr. Lonetti stated that he thinks conditions numbers 6, 7, 9, 11, 12 and 13 should not be
on his liquor license. He knows that these are rules he is expected to follow; he just
doesn't think they should be on his liquor license. He is afraid that patrons might
misread or misunderstand the number of conditions placed on his business. Number
13 would be hard because signs can be removed and because it is a condition on his
license, they will be in trouble because it's on his liquor license. Regarding number 7
related to security, they have someone there from 9 pm to 1 am. on nights during the
week when many times there s only three (3) people at the bar. His security is costing
them a lot of money. Ms. Vang explained that the City has added these conditions to
his license because the bar is in a residential neighborhood, so the business generates
impacts to the neighborhood like noise and safety issues, which are critical to the peace
and enjoyment of the community. Conditions of this type are added to a license to
ensure that the business is managed appropriately and in a respectful manner. Ms.
Vang asked staff whether these conditions are uncommon to be placed on a license. Ms.
Rozek responded that she is not exactly clear as to the objecrion to some of these
conditions; however, she explained that there are a number of the cited conditions that
are just a repetition of the law, of which the applicant is required to comply. If the
applicant does not comply, he will face adverse action against the liquor license. Ms.
Rozek stated that numbers 6, 11 and 12 are repetitions of the law and it's going to be up
to the Ciiy Council and the hearing officer as to whether or not these repetitions should
remain on the license. Ms. Antrim asked whether violations of the conditions that are
state law could trigger an adverse action even though they are not listed on the license.
Ms. Rozek replied, "Yes."
Mr. Lonetti believes that if the license conditions repeat what is already in law, whether
city ordinance or state statute, they should not be listed on his license.
Mr. Lonetti stated that condition #6 is not needed. Ms. Vang is amenable to removing
the condition because it's already addressed in law and Mr. Lonetti indicated that he
understands if he violates this action.
Mr. Lonetti also is not happy with the language of condition #7. Ms. Rozek asked if he
would be comfortable if it read, "back door' instead of "patio.° Mr. Lonetti responded
that he would. A security officer is at the back door at all times, and the patio will be
shut down at 10:00 p.m. anyway. On the weekends, they won't be letting anyone out
there after 9:00 p.m.
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Condition �9 also doesri t need to be on the license according to Mr. Lonetti because he
has to go through District 6 if he wants to have an outdoor barbeque anyway. Ms. Vang
said that such a condition has been added to other licenses and she doesn't see that as a
negative. Mr. Lonetti then agreed to it. Ms. Rozek explained that it's really saying that
a bar cannot be set up outside (meaning on the patio) and food cannot be prepared out
there without permission from DSI.
Ms. Antrim added that regarding condition #10, she would like to have the review date
read 10/01/2010. Mr. Lonetti, staff and Ms. Vang agreed.
Ms. Vang noted that at the last hearing, she and staff had concerns about Lonetti's front
door being locked after a certain time each night in order to keep out certain people.
She asked Mr. Lonetti if they are now keeping the front door open. Mr. Lonetti stated
that they have a person who stands right by the door in case the police want to enter.
Ms. Vang explained that iYs a fire issue; the fire crew needs to be able to gain entrance
or they will break open the door. Mr. Lonetti said they keep the front door shut so that
people need to go through the back door to get wanded. Ms. Vang asked if all police
staff know that they cari t enter the front door. Mr. Lonetti replied that police staff
wants thean to keep the door unlocked. Ms. Vang stated that she would be very
uncomfortable about their keeping the front door locked; she would like to put a
condition on the license that makes it necessary for them to keep both the front and
back door unlocked. But, if Mr. Lonetti knows the rules and will adhere to it, she won't
add the condition. Mr. Lonetti replied that he understood that.
Ms. Vang stated that the reason for condirion #11 was to ensure that the applicant was
aware that he needed to apply for a special permit for special events (limited to twelve
(12) per year). She wanted to ensure that Mr. Lonetti was not doing that without first
going through the city process because he is legally required to do so and that she was
concern about times unrelated to special events when alcohol could be passed over the
fence. Mr. Lonetti replied that he understood that if he intends to have anything
outside, they go to District 6£or a special permit; and Kerry can back them up on that.
Ms. Vang reiterated that if Lonetti's don't apply for approval, adverse action is
triggered. Ms. Vang stated that at this time, she would be agreeable to taking it off the
license but in the future, if it happens again, it may need to be added back onto the
license so that the Lonetti's are clear on that. Mr. Lonetti said he was clear.
Ms. Vang added that the reason for condition #12 was because of the pictures that were
taken by DSI staff showing a large tarp wrapped around the patio. Mr. Lonetti
explained that the tarp was actually erected about one {1) foot away from the patio
walls to help keep out the snow. He asked if it could be erected three (3) feet away
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during the winter. Ms. Rozek responded that he should call DSI in the fall before he
puts up the tarp and a building inspectar will come out and make a determination as to
how far away it must be. Ms. Vang stated that she will be amenable to removing
condition #12 with the understanding that Mr. Lonetti will contact DSI and that he will
not cover the patio. She does not think condition #13 is unreasonable because the
neighbors need to know that the Lonetti's respect their enjoyment of their properry. IYs
a positive not a negative. Mr. Lonetti added that they just had a huge party not too long
ago with 400 bikers and the neighbor across the alley never heard a thing.
Ms. Antrim commented that if the Lonetti's are going to open up the bar to "pinning
parties," she would like to tallc about some security cameras on the patio. Mr. Lonetti
replied that there is one (1) camera right on the patio, two (2) in the parking lot and one
(1) out front. There are twelve (12) cameras altogether at the site.
Ms. Vang asked Mr. Lonetti how much of his establishment is a liquor service area. Mr.
Lonetti responded that currently, alcohol is served in the lounge/bar area and in the
restaurant area, which is up a couple of steps from the lounge. Ms. Vang asked if the
liquor service area extends into the basement. Mr. Lonetti replied that the basement is
used for storage, freezers and coolers, and is not open to the public.
Ms. Vang asked Ms. Antrim if District 6 would be agreeable to the changes made today.
Ms. Antrim responded, "Yes:'
Ms. Vang stated that the agreed-upon condition changes would be as follows: eliminate
#6; modify #7; keep #8; keep #9; modify #10; eliminate #11; eliminate #12; keep #13.
Ms. yang will recommend approval with the following conditions:
1. Licensee must provide working video surveillance cameras and recorders on the
premises to provide documentation of activities on the interior and exterior of
the establishment. This equipment must be in operation during all business
hours. Tapes must be maintained for thirty (30) days and be immediately
available to the Saint Paul Police Department (SPPD) and the Department of
Safety and Inspections (DSI) upon request.
2. Uniformed and clearly identifiable security personnel shall be assigned to each
entrance starting at 9:00 p.m. every day and shall remain until all patrons have
left the licensed premises. Security personnel shall "wand" (using a metal
detector) each patron and check all handbags and packages carried by patrons.
Security personnel shall veri£y the age of patrons by checking state or federally
issued identification cards (no picture I.D., no entrance.). Customers re-entering
10-626
the establishment sha11 be subject to the same security measures as customers
entering the establishment for the first time.
3. The security personnel shall not fraternize with the patrons.
4. (Revision stipulated by Council Resolution 08-1006 on 9/10/2008) If licensee
obtains a 2:00 a.m. license, the license holder shall not allow new patrons to enter
the establishment after 1:30 a.m. Last call will be no later than 1:30 a.m. The
establishment will be closed with all patrons and staff gone by 2:36 a.m.
5. The license holder, security staff and employees of the establishment shall
cooperate with the police by calling for assistance when there is a threat of
violence or other criminal behavior.
6. Clearly identifiable security personnel shall be assigned to the back door on
Thursday, Friday and Saturday evenings with wanding equSpment being used as
patrons enter/re-enter the bar area.
7. The food and beverage service to the patio must stop at 10:00 p.m. each night of
the week. Patrons will be allowed to smoke on the patio until 2:30 a.m.
8. No outdoor food and/or beverage preparation is allowed on the outdoor patio
without prior written approval and additional licensing from DSI.
9. The liquor Outdoor Service Area (Patio) license will be reviewed by the District 6
Planning Council on or before 10 01 2010.
10. Licensee will post signs in the patio encouraging patrons to respect the
neighborhood by limiting nolse 9n the patio area as much as possible.
Ms. Antrim added that if these conditions are not signed and the resolution does not
appear on the City Council agenda at the first available opportunity, the District 6
Planning Council will be recommending denial of any future applications for outside
alcohol service on Lonetti's patio. If Lonetti's choose to apply, the district would
recommend that they need to start the petition process all over again. Ms. Vang asked
Mr. Lonetti if he understood. Mr. Lonetti replied that he did.
The hearing was adjourned at 2:24 p.m.
fjab
Note: Conditions' Affidavit was signed May 28, 2019.
10
�us��Ns� o�►
P�esented
by
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
1r'�'7 �—
Council File # 10-626
Green Sheet # ,3// SOSIo
Approving the application with conditions, per the Deputy Legisiative Hearing
Officer, to add a Liquor-Outdoor Service Area (Patio) license
for Lonetti's Lounge (I.D. fi20030004659),1091 Rice Streef
1 WHEREAS, the Deputy Legislative Hearing Officer recommends that the application to
2 Add a Liquor-Outdoor Service Area (Patio) license to the existing Liquor On Sale —
3 100 Seats or fewer, Liquor On 5ale — Sunday, Liquor On Sale — 2 AM Closing,
4 Entertainment (A), Gambling Location, and Restaurant (4) — 51-150 Seats licenses for
5 JSR Inc A Minnesota Corporation., doing business as Lonetti's Lounge (I.D.
6#20030004659),1091 Aice Street, be approved with the following conditions
8 1. Licensee must provide working video surveillance cameras and recorders on the
9 premises to provide documentation of activities on the interior and exterior of
10 the establishment. This equipment must be in operation during all business
I 1 hours. Tapes must be maintained for thirty (30) days and be immediately
12 available to the Saint Paul Police Department (SPPD) and the Department of
13
14
15
16
17
18
19
20
21
22
Safety and Inspections (DST) upon request.
2. Uniformed and clearly identifiable securiYy personnel shall be assigned to each
entrance starting at 9:00 p.m. every day and shall remain until all patrons have
left the licensed premises. Security personnel shall "wand" (using a metal
detector) each patron and check all handbags and packages carried by patrons.
Security personnel shall verify the age of patrons by checking state or federally
issued identification cards (no picture I.D., no entrance.). Customers re-entering
the establishment shall be subject to the same security measures as customers
entering the establishment for the first time.
3. The security personnel shall not fraternize with the patrons.
23 4. (Revision stipulated by Council Resolution 08-1006 on 9/10/2008) If licensee
24 obtains a 2:00 a.m. license, the license holder shall not allow new patrons to enter
25 the establishment after 1:3� a.m. Last call will be no later than 1:30 a.m. The
26 establishment will be closed with all patrons and staff gone by 2:30 a.m.
27 5. The license holder, security staff and employees of the establishment shall
28 cooperate with the police by calling for assistance when there is a threat of
29 violence or other criminal behavior.
30
31
32
6. Clearly identifiable security personnel shall be assigned to the back door on
Thursday, Friday and Saturday evenings with wanding equipment being used as
patrons enter/re-enter the bar area.
10-626
33 7. The food and beverage service to the patio must stop at 10:00 p.m. each night of
34 the week. Patrons will be allowed to smoke on the patio until 2:30 a.m.
35 8. No outdoor food and/or beverage preparaiion is allowed on the outdoor patio
36 without prior written approval and additional licensing from DSI.
37 9. The liquor Outdoor Service Area (Patio) license will be reviewed by the District 6
38 Planning Council on or before 10/Ol/2010.
39
40
41
10. Licensee will post signs in the patio encouraging patrons to respect the
neighborhood by limiting noise in the patio area as much as possible.
42 THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby
43 approves this license application with the aforementioned agreed-upon condition
V
Harris
✓
Requested by Department of:
�
�
Adopted by Council: Date �O�y,
AdopSon Certifie�d b�y C S�e etary
BY� //' /l�,A/�( //rlL���67
Approved by r: ate ���`` �7�Dnc
BY � ,
Form Approved by CiTy Attorney
By:
Form Approved by Mayor for Submission to Council
By:
S �S��S�DI�{ �T�(� 10-626
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DeparimeMl�ce/Council: Date initiated:
co-�°°^°�� 09JUN2010 Green Sheet NO: 3115056
Contact Person ffi Phone: Deoartment Sent To Person InitiaVDate
Nhia Vang o oon�u 0
266-8566 1 ouocil De artmentDirector
Assign Z ' Clerk Cti Clerk
Must Be on Council Agenda by (Date): Number �
09-JUN-10 For 3
Routing 4 0
Doc.7ype:RESOLUTION Order 5 0
E-Document Required: Y
Documenl Contact: �ean Bit{:hotz
Contact Phone: 266-8673
Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Approving the license application with conditions, per the Deputy Legislative Heazing Officer, to add a Liquor Outdoor Service Area
(Patio) ]icense to extend ]iquor service to an existing patio for JSR Inc a Minnesota Corporation doing business as Lonetti's Lounge,
1091 Rice Street.
Recommentlations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a contract for this department?
CI8 Committee Yes No
Civil Service 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 ali yes answers on sepaate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages If Approved:
Disadvantages lf Approved:
Disadvantages If Not Approved:
Total Amount of CosVRevenue Bud eted:
Transaction: 9
Punding Sou�ce: Activity Num6er.
Financia l Information:
(Explain)
June 9, 2010 1:53 PM Page 1
10-626
LICENSE HEARING MINUTES
Lonetti's Lounge at 1091 Rice Street
Thursday, March 25, 2010, 2:00 p.m.
330 City Hall, 15 Kellogg Boulevard West
Nhia Vang, Depury, Legislative Hearing Officer
The hearing was called to order at 2:05 p.m.
Staff Present: Christine Rozek and Kristina Schweinler, Deparrinent of Safety and
Inspections (DSI); and Jean Birkholz, Council Research
Others Present: Ron and Janet Lonetti, owners; Kerry Antrim, Executive Director,
District 6 Planning Council
Lonetti's Lounee: Add a liquor-outdoor service area (patio) license to extend liquor
service to the existing patio.
Ms. Vang stated that this is an informal legislative hearing for a license application.
This particular license requires 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 legislative hearing. In this case, Mr. Lonetti
requested a legislative hearing and the City also received letters from the District 6
Planning Council. 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 her
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.
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 will also explain
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.
10-626
Christine Rozek, Deputy Director, Departrnent of Safety and Inspections (DSI), reported
that this is an application to allow liquor service on a patio at Lonetti's Lounge, 1091
Rice Street. Currently, there are five (5) existing license conditions at that location:
1. Licensee must provide working video surveillance cameras and recorders on
the premises to provide documentation of activities on the interior and
exterior of the establishment. This equipment must be in operation during all
business hours. Tapes must be maintained for thirty (30) days and be
immediately available to the Saint Paul Police Department (SPPD) and the
Department of Safety and Inspections (DSI) upon request.
2. Uniformed and clearly identifiable security personnel shall be assigned to
each entrance starring at 9:00 p.m. every day and shall remain unril all
patrons have left the licensed premises. Security personnel shall °wand"
(using a metal detector) each patron and check all handbags and packages
carried by patrons. Security personnel shall verify the age of patrons by
checking state or federally issued identification cards (no picture I.D., no
entrance.). Customers re-entering the establishment shall be subject to the
same security measures as customers entering the establishment for the first
time.
3. The security personnel shall not fraternize with the patrons.
4. (Revision stipulated by Council Resolution 08-1006 on 9/10/2008) If licensee
obtains a 2:00 a.m. license, the license establishsnent will be closed with all
patrons and staff gone by 2:30 a.m.
5. The license holder, security staff and employees of the establishment shall
cooperate with the police by calling for assistance when there is a threat of
violence or other criminal behavior.
On October 27, 2009, the District 6 Community Council submitted a letter of support
recommending service and use of the patio be suspended at 1:00 a.m. Notices were
originally mailed to the neighbors and the District 6 Community Council on December
24, 2009 with the following recommended additional license conditions:
6. No live or other music is permitted outside on the premises.
7. Security personnel shall be assigned to the patio on Thursday, Friday and
Saturday evenings with wanding equipment being used as patrons enter/re-
enter the bar area.
8. The outdoor patio shall be closed at 1:00 a.m. each night of the week, and
there shall be no customers, patrons and/or employees allowed on the patio
for any reason after this time.
2
10-626
9. No outdoor food and/or beverage preparation is allowed on the outdoor
paHo without prior wriften approval and additional licensing from DSI.
10. The Liquar Outdoor Service Area (Patio) license will be reviewed by the
District 6 Planning Council on or before 08/Ol/2010.
There were no objections to the extension of liquor service to the patio with the
conditions proposed in the notification letter. The license holder, Ron Lonetti, would
not sign a license condition affidavit agreeing to operate under the proposed conditions
because he objected to condition #8. On March 9, 2010, Mr. Lonetti submitted a letter to
DSI requesting a legislative hearing to modify the proposed conditions. On March 11,
2010, District 6 subsequently submitted a new recommendation for condition #8 which
suggests that food and beverage (both alcoholic and non-alcoholic) service should be
stopped at 10:00 p.m. but that smoking be allowed on the patio until the bar closes.
Inspection Requirements:
Building has approved.
- The extension of food and/or beverage service to an existing patio requires a
service availability charge (SAC) review by the Metropolitan Council
Environmental Services far a potential increase in water volume discharge.
Plans submitted and approved under the SAC review restrict the patio area to
having no more than twelve (12) seats and twelve (12) lineal feet of drink rail.
Any change in use or size would require a new SAC review.
Environmental Health has approved.
- License has approved with the recommended conditions and the additional
note that the patio is currently not in compliance with state law regarding
smoking in outdoor areas. For the patio to be considered an outdoor area,
more than 50% o£ the wall space must be open. In order for DSI to approve
this patio application, the tarps need to be removed and the temporary signs
that are on the inside blocking the air flow need to be removed.
Zoning has approved.
DSI supports the new recommendation of the district council for a revision of condition
#8 which includes service of food and beverage on the patio unti110:00 p.m. only. Aftex
10:00 p.m., the patio may be used for smoking but not sales or service. Mr. Lonetti
stated that he is in 100% agreement with District 6's recommendation. He pointed out,
too, that the snow fence in front of the patio will be coming down. Ms. Rozek
instructed that the fence must come down and stay down; not come up again next
winter. Also, the signs blocking the window need to be removed.
10-626
Ms. Vang asked about the number of people who usually occupy the patio space. Mr.
Lonetti replied that there is room for sixteen (16) seated on the patio; four (4) in the bar
area. Ms. Rozek said there is no limit as to the number of people occupying that space.
Ms. Vang asked whether Fire has inspected the patio. Mr. Lonetti responded, "Yes."
T`here are ashtrays and trash bins (2) on the patio. Lonetti's hours of operation are from
10:00 a.m. — 2:00 a.m, seven (� days a week. Mr. Lonetti stated that they usually close
earlier. Clientele has increased for special events since they have secured the 2:00 a.m.
license. Extra bartenders, security and wait staff are added for special events,
depending upon the event. All extra security staff wears identifiable uniforms. All staff
must go through training. Discussion ensued as to whether alcohol was passed over
the fence and the number of events that were held in the parking lot. Ms. Vang asked
whether Mr. Lonetti would be agreeable to adding a condition to ensure that there was
no sharing of liquor over the fence to people in the parking lot and about extension
permit for events held in the parking lot. Mr. Lonetti agreed to not allow the sharing of
almhol over the fence and stated that during a special event, they usually get a special
liquor extension permit. DSI staff noted that a special liquor extension permit is
available to businesses twelve (12) times a year. Ms. Rozek asked whether security is
available so that alcohol doesn't go out the side door ar leave the patio. Mr. Lonetti
responded that a security guard stands right at the entry way of the patio going into the
building.
Ms. Vang asked if there is any signage on the patio that asks patrons to keep the noise
down. Mr. Lonetti said, "No." He added that he is thinking about keeping the drinks
inside after 9:00 p.m. The Lonetti s are open to putting signs up in the patio asking
patrons to respect the neighbors and keep the noise down. Ms. Vang asked how close
the residential homes were from Lonetti's. Janet Lonetti stated that there is residential
right behind Lonetti's across the alley. The house on the corner is abandoned. The
triplex tenants directly behind the parking lot are usually in the bar. Mr. Lonetti noted
that they had asked the neighbors if they heard noise the last time the bar had an
extension into the parking lot and they said they didn't hear a thing.
Ms. Kerry Antrim, District 6 Planning Council, addressed the hearing. She stated that
the district council meets once a month with police officers, a representative from the
City Attorney's office, the community prosecutor and Pat Fish from Inspections, Code
Enforcement. Police officers have expressed concern that the front door of Lonetti's is
locked after a certain time each night. Ms. Schweinler added that DSI's policy is that if
a door is going to be locked, it must be manned at all times. Doors have to be accessible
to inspection at all times that a business is open. Ms. Vang asked Mr. Lonetti if he
understood that he cannot keep the front door locked; if it is locked, a person must be
10-626
there to open it at all times. Janet Lonetti responded that they have one (1) security
guard who maintains the entrancelexit from 9:00 p.m. until closing. At 9:0� p.m., the
front door for entrance is closed; anyone coming in after 9:00 p.m. has to enter the back
door. The back area is well lit; iYs where customers park. Lonetti's think they are doing
the community a service by not having a congregation of smokers hanging out the front
door. This works for the community and there has been only one (1) complaint by one
(1) police officer, who said he would smash the door open if need be. Janet said she told
him that if there ever was a problem, Lonetti's would expect that they would smash it
open. Ms. Schweinler repeated the rule, "If you're going to lock the door, you have to
have someone there to open it. Doors have to be accessible at al] times that a business is
open." Mr. Lonetti said he understood.
Ms. Vang stated that she will modify condition #6 and strike the words °live or other."
Condition #8 will be modified to read that service of food and beverage on the patio be
served unti110:00 p.m. only. After 10:00 p.m., the patio may be used for smoking, but
no sales or service. Also, there shall be no customers, patronsiemployees allowed on
the patio for any reason after 2:30 a.m. Janet Lonetti argued that on rare occasions, iYs
difficult to get all staff out of the establishment by 2:30 a.m. Ms. Schweinler noted that
it is a gift from the City to allow anyone remaining unti12:30 a.m.; the state rule says
2:00 a.m. Ms. Vang will also add a condition regarding signage on the tables on the
patio and condition specifying that alcohol cannot leave the patio area and that they
will need to apply for extension service permit. Ms. Rozek will add a condition about
having 50°l0 of the wall space remaining open on the patio. Ms. Vang asked whether
they understood that no temporary ads are to be placed on the patio. Mr. Lonetti said
he understood. Ms. Vang will accept the recommendation from DSI with the agreed-to
additional conditions and recommend to the City Council that it approve this license
application. When the Conditions' Affidavit has been signed by the applicant and
received by the City, the recommendation will move forward.
The hearing was adjourned at 2:32 p.m.
The Deputy Hearing requested to re-convene the hearing at 2:00 p.m., Thursday, May
13, 2010, in order to inquire into why Mr. Lonetti has not signed the affidavit with the
agreed-upon conditions from the March 25th legislative hearing and to clarify
questions regarding the conditions' language.
The hearing was called to order at 2:00 p.m.
Staff Present: Christine Rozek, Department of Safety and Inspections (DSI); and
Jean Birkholz, Council Research
10-626
Others Present: Ron Lonetti, owner; Kerry Antrim, Executive Director, District 6
Planning Council
Lonetti's Lounee: Add a liquor-outdoor service area (patio) license to extend liquor
service to the existing patio.
Ms. Vang thanked Mr. Lonetti for coming back to clarify the conditions' language. She
explained that during the Legislative Hearing on March 25, 2010, it was understood that
Mr. and Mrs. Lonetti had agreed to all of the license conditions. Since then, however,
she had been informed that was not the case. Her intention with re-convening the
hearing is to address Mr. and Mrs. Lonetti's concems about the conditions.
Ms. Vang reiterated the process: her recommendation will go to City Council in the
form of a resolution and will appear on the consent agenda. 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) if she and the applicant
are unable to reach consensus on the conditions she thinks are best to make it work for
this neighborhood, she may recommend to the City Council that they not issue this
license but refer it to the City Attorne� for adverse action.
Conditions added at the March 25, 2010 hearing:
6. No live or other music is permitted outside on the premises.
7. Security personnel shall be assigned to the pario on Thursday, Friday and
Sahxrday evenings with wanding equipment being used as patrons enter/re-enter
the bar area.
8. The outdoor patio shall be closed at 1:00 a.m. each night of the week, and there
shall be no customers, patrons and/or employees allowed on the pario for any
reason after this time.
9. No outdoor food and(or beverage preparation is allowed on the outdoor patio
without prior written approval and additional licensing from DSI.
10. The Liquor Outdoor Service Area (Patio) license will be reviewed by the District
6 Planning Council on or before OS/Ol/2010.
11. Alcohol cannot leave the approved patio. Any extension to the parking lot will
require a special temporary extension license.
12. 50% of the wall space of the patio must remain open in order for smoking to be
allowed. Any tarps or signage that reduces the open space to less than 50% must
be permanently removed.
13. Licensee will post signs in the patio encouraging patrons to respect the
neighborhood by limiting noise in the patio area as much as possible.
10-626
Ms. Vang asked Mr. Lonetti to explain his wncerns about the conditions listed above.
Mr. Lonetti stated that he thinks conditions numbers 6, 7, 9, 11, 12 and 13 should not be
on his liquor license. He knows that these are rules he is expected to follow; he just
doesn't think they should be on his liquor license. He is afraid that patrons might
misread or misunderstand the number of conditions placed on his business. Number
13 would be hard because signs can be removed and because it is a condition on his
license, they will be in trouble because it's on his liquor license. Regarding number 7
related to security, they have someone there from 9 pm to 1 am. on nights during the
week when many times there s only three (3) people at the bar. His security is costing
them a lot of money. Ms. Vang explained that the City has added these conditions to
his license because the bar is in a residential neighborhood, so the business generates
impacts to the neighborhood like noise and safety issues, which are critical to the peace
and enjoyment of the community. Conditions of this type are added to a license to
ensure that the business is managed appropriately and in a respectful manner. Ms.
Vang asked staff whether these conditions are uncommon to be placed on a license. Ms.
Rozek responded that she is not exactly clear as to the objecrion to some of these
conditions; however, she explained that there are a number of the cited conditions that
are just a repetition of the law, of which the applicant is required to comply. If the
applicant does not comply, he will face adverse action against the liquor license. Ms.
Rozek stated that numbers 6, 11 and 12 are repetitions of the law and it's going to be up
to the Ciiy Council and the hearing officer as to whether or not these repetitions should
remain on the license. Ms. Antrim asked whether violations of the conditions that are
state law could trigger an adverse action even though they are not listed on the license.
Ms. Rozek replied, "Yes."
Mr. Lonetti believes that if the license conditions repeat what is already in law, whether
city ordinance or state statute, they should not be listed on his license.
Mr. Lonetti stated that condition #6 is not needed. Ms. Vang is amenable to removing
the condition because it's already addressed in law and Mr. Lonetti indicated that he
understands if he violates this action.
Mr. Lonetti also is not happy with the language of condition #7. Ms. Rozek asked if he
would be comfortable if it read, "back door' instead of "patio.° Mr. Lonetti responded
that he would. A security officer is at the back door at all times, and the patio will be
shut down at 10:00 p.m. anyway. On the weekends, they won't be letting anyone out
there after 9:00 p.m.
10-626
Condition �9 also doesri t need to be on the license according to Mr. Lonetti because he
has to go through District 6 if he wants to have an outdoor barbeque anyway. Ms. Vang
said that such a condition has been added to other licenses and she doesn't see that as a
negative. Mr. Lonetti then agreed to it. Ms. Rozek explained that it's really saying that
a bar cannot be set up outside (meaning on the patio) and food cannot be prepared out
there without permission from DSI.
Ms. Antrim added that regarding condition #10, she would like to have the review date
read 10/01/2010. Mr. Lonetti, staff and Ms. Vang agreed.
Ms. Vang noted that at the last hearing, she and staff had concerns about Lonetti's front
door being locked after a certain time each night in order to keep out certain people.
She asked Mr. Lonetti if they are now keeping the front door open. Mr. Lonetti stated
that they have a person who stands right by the door in case the police want to enter.
Ms. Vang explained that iYs a fire issue; the fire crew needs to be able to gain entrance
or they will break open the door. Mr. Lonetti said they keep the front door shut so that
people need to go through the back door to get wanded. Ms. Vang asked if all police
staff know that they cari t enter the front door. Mr. Lonetti replied that police staff
wants thean to keep the door unlocked. Ms. Vang stated that she would be very
uncomfortable about their keeping the front door locked; she would like to put a
condition on the license that makes it necessary for them to keep both the front and
back door unlocked. But, if Mr. Lonetti knows the rules and will adhere to it, she won't
add the condition. Mr. Lonetti replied that he understood that.
Ms. Vang stated that the reason for condirion #11 was to ensure that the applicant was
aware that he needed to apply for a special permit for special events (limited to twelve
(12) per year). She wanted to ensure that Mr. Lonetti was not doing that without first
going through the city process because he is legally required to do so and that she was
concern about times unrelated to special events when alcohol could be passed over the
fence. Mr. Lonetti replied that he understood that if he intends to have anything
outside, they go to District 6£or a special permit; and Kerry can back them up on that.
Ms. Vang reiterated that if Lonetti's don't apply for approval, adverse action is
triggered. Ms. Vang stated that at this time, she would be agreeable to taking it off the
license but in the future, if it happens again, it may need to be added back onto the
license so that the Lonetti's are clear on that. Mr. Lonetti said he was clear.
Ms. Vang added that the reason for condition #12 was because of the pictures that were
taken by DSI staff showing a large tarp wrapped around the patio. Mr. Lonetti
explained that the tarp was actually erected about one {1) foot away from the patio
walls to help keep out the snow. He asked if it could be erected three (3) feet away
10-626
during the winter. Ms. Rozek responded that he should call DSI in the fall before he
puts up the tarp and a building inspectar will come out and make a determination as to
how far away it must be. Ms. Vang stated that she will be amenable to removing
condition #12 with the understanding that Mr. Lonetti will contact DSI and that he will
not cover the patio. She does not think condition #13 is unreasonable because the
neighbors need to know that the Lonetti's respect their enjoyment of their properry. IYs
a positive not a negative. Mr. Lonetti added that they just had a huge party not too long
ago with 400 bikers and the neighbor across the alley never heard a thing.
Ms. Antrim commented that if the Lonetti's are going to open up the bar to "pinning
parties," she would like to tallc about some security cameras on the patio. Mr. Lonetti
replied that there is one (1) camera right on the patio, two (2) in the parking lot and one
(1) out front. There are twelve (12) cameras altogether at the site.
Ms. Vang asked Mr. Lonetti how much of his establishment is a liquor service area. Mr.
Lonetti responded that currently, alcohol is served in the lounge/bar area and in the
restaurant area, which is up a couple of steps from the lounge. Ms. Vang asked if the
liquor service area extends into the basement. Mr. Lonetti replied that the basement is
used for storage, freezers and coolers, and is not open to the public.
Ms. Vang asked Ms. Antrim if District 6 would be agreeable to the changes made today.
Ms. Antrim responded, "Yes:'
Ms. Vang stated that the agreed-upon condition changes would be as follows: eliminate
#6; modify #7; keep #8; keep #9; modify #10; eliminate #11; eliminate #12; keep #13.
Ms. yang will recommend approval with the following conditions:
1. Licensee must provide working video surveillance cameras and recorders on the
premises to provide documentation of activities on the interior and exterior of
the establishment. This equipment must be in operation during all business
hours. Tapes must be maintained for thirty (30) days and be immediately
available to the Saint Paul Police Department (SPPD) and the Department of
Safety and Inspections (DSI) upon request.
2. Uniformed and clearly identifiable security personnel shall be assigned to each
entrance starting at 9:00 p.m. every day and shall remain until all patrons have
left the licensed premises. Security personnel shall "wand" (using a metal
detector) each patron and check all handbags and packages carried by patrons.
Security personnel shall veri£y the age of patrons by checking state or federally
issued identification cards (no picture I.D., no entrance.). Customers re-entering
10-626
the establishment sha11 be subject to the same security measures as customers
entering the establishment for the first time.
3. The security personnel shall not fraternize with the patrons.
4. (Revision stipulated by Council Resolution 08-1006 on 9/10/2008) If licensee
obtains a 2:00 a.m. license, the license holder shall not allow new patrons to enter
the establishment after 1:30 a.m. Last call will be no later than 1:30 a.m. The
establishment will be closed with all patrons and staff gone by 2:36 a.m.
5. The license holder, security staff and employees of the establishment shall
cooperate with the police by calling for assistance when there is a threat of
violence or other criminal behavior.
6. Clearly identifiable security personnel shall be assigned to the back door on
Thursday, Friday and Saturday evenings with wanding equSpment being used as
patrons enter/re-enter the bar area.
7. The food and beverage service to the patio must stop at 10:00 p.m. each night of
the week. Patrons will be allowed to smoke on the patio until 2:30 a.m.
8. No outdoor food and/or beverage preparation is allowed on the outdoor patio
without prior written approval and additional licensing from DSI.
9. The liquor Outdoor Service Area (Patio) license will be reviewed by the District 6
Planning Council on or before 10 01 2010.
10. Licensee will post signs in the patio encouraging patrons to respect the
neighborhood by limiting nolse 9n the patio area as much as possible.
Ms. Antrim added that if these conditions are not signed and the resolution does not
appear on the City Council agenda at the first available opportunity, the District 6
Planning Council will be recommending denial of any future applications for outside
alcohol service on Lonetti's patio. If Lonetti's choose to apply, the district would
recommend that they need to start the petition process all over again. Ms. Vang asked
Mr. Lonetti if he understood. Mr. Lonetti replied that he did.
The hearing was adjourned at 2:24 p.m.
fjab
Note: Conditions' Affidavit was signed May 28, 2019.
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