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10-631Council Fiie #_�0=��_ Green Sheet # 3l15120 �� Destiny Liquor Inc, d/b/a Destiny Liquor,137 Maryland Avenue 10 11 12 13 14 WHEREAS, the Deputy Legislarive Hearing Officer recommends that the application (I.D. 20100000637) for Liquor-Off Sale, Retail Food (A) — Grocery 1-100 sq. ft. and Cigarette/Tobacco licenses for Destiny Liquor Inc, doing business as Destiny Liquor,137 Maryland Avenue, be approved with the following condition: Per State of Minnesota Statute 340A.412, Subd. 14) — a liquor store may sell only the following items: (1) alcoholic beverages; (2) tobacco products; (3) ice; (4) beverages for mixing with intoxicating liquor; (5) soft drinks; (6) liqueur-fi11ed candies; (7) food products that contain more than one-half of one percent alcohol by volume; (8) cork extraction devices; (9) books and videos on the use of alcoholic beverages; (10) magazines and other publications published primarily for information and education on alcoholic beverages; and (11) home brewing equipment. THEREFORE, BE TT RESOLVED that the Council of the City of Saint Paul hereby approves this license application. RESOLUTION CITY OF SAINT PAUL, MINNESOTA Bostrom Carter Harris Start Thune ✓ � Adopted by Council: Date �'//� Adoption Certified b� Coun dSecretary By: � ` G Approv "d M yo1 Date L� / By: Requested by Department of: � Form Approved by City Attorney By: Form Apptoved by Mayor for Submission to Council By: Approving the application with conditions, per the Deputy Legislative Hearing Officer, for Liquor-Off Sale, Retail Food (A) — Grocery 1-1D0 sq. ft. and CigarettelTobacco licenses for � Green Sheet Green Sheet G� �0-�31 Green Sheet Green Sheet Green Sheet Green Sheet � Departmend�ce/Council: Datelnitiated: GPEeCI SheP+� NO 3115120 CO – Councii 10 JUN 2010 . ConWctPewon&Phone: Deoartment SentToPerson Ini[ial/Date Nhia Vanq y o onn�u 0 266-8568 1 �Conncil De artmentDirector Assign 2 ' Clerk Ci Clerk Must Be on Council Agenda by (Date): Number 3 � 16-JUN-10 For 4 — RoUting Doc.Type:RES��UTION Order 5 0 E-Document Required: Y Document Contact: Jean Birkholz Contact Phone: 266-8673 Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approving the license application with a condition, per the Depury Legislative Hearing Officer, for Liquor Off Sale, Retail Food (A) - Grocery 1-100 sq. ft and Cigarette/Tobacco licenses for Desfiny Liquor Inq doing business as Destiny Liquor, 137 Maryland Avenue West. Recommendations: Approve (A) or Reject (R): Personal Servfce Contrects Must Answer the Following Questions: Planning Commission 1. Has this persoNfirm ever worked under a contrad for this depadment? CIB Committee Yes No Croil Service Commission 2. Has this persoNirm ever been a ciry employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current ciry employee? Yes No Explain all yes answers on separate sheet and attach to green sM1eet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of Transaction: Cost/Revenue Budgeted: Funding Source: Activity Number, Financial information: (Ezplain) June 10, 2010 10:43 AM Page 1 � ��-�3/ LICENSE HEARING MINUTES Destiny Liquor at 137 Maryland Avenue Thursday, May 13, 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:D5 a.m. Staff Present: Kristina Schweinler, Department of Safety and Inspections (DSI); and Jean Birkholz, Council Research Others Present: Chong Vang, owner, Peter Vang, forxner owner; and Kerry Antrim, District 6 Planning Council Destiny Liquor licenses: Liquor Off Sale, Retail Food (A) — Grocery 1-100 sq. ft. and CigaretteiTobacco Ms. Vang stated that this is an informal legislative hearing for a Class N license applicafion, which requires neighbarhood norification. The City received one (1) letter of concern regarding this license applicaHon. If anyone has a concern, it automatically triggers a legislative hearing. Other Class N Licenses include: tattoo parlors, second hand dealerships, auto repair, entertainment, 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 administrarive 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 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, Sr. License Inspector, Deparrinent of Safety and Inspections (DSI) reported that these licenses have been reviewed and approved by Environmental Health, Licensing and Zoning. DSI recommends approvai with the one (1) condition that reflects state law: 1. Per State of Minnesota Statute 340A.412, Subd. 14) — a liquor store may sell only the following items: (1) alcoholic beverages; (2) tobacco products; (3) ice; (4) beverages for mixing with intoxicating liquor; (5) soft drinks; (6) liqueur-filled candies; ('� food products that contain more than one-half of one percent alcohol by volume; {8) cork extraction devices; (9) books and videos on the use of alcoholic beverages; (10) magazines and other �/0-(�3� publicarions published prunarily for information and education on alcoholic beverages; and (ll) home brewing equipment. Mr. Chong Vang stated that he will be the new owner at this locarion and he will change the name to Destiny Liquor. He plans to run the business in the same way that the previous owner, Peter Vang, ran the business; there are no changes. A liquor store has been in this locarion for nearly thirty (30) years. Chong Vang also has a restaurant, Destiny Cafe, 995 University Avenue. He and his brother will be the only employees at the liquor store. Another brother manages the cafe. The stores hours of operation are 9:00 a.m. to 8:00 p.m., Monday through Thursday; and 9:00 a.m. to 10:00 p.m., Friday and Saturday. Both have been trained to make sure no one under twenty (21) years of age buys alcohol from the store. Ms. Vang reviewed the letter of objection and noted the concerns: trash left on his property; single serving liquor bottles, beer cans; public urination; etc. Mr. Chong Vang responded that he has a trash container outside of his business but he cannot control people's trash two (2) blocks away. (By double checking the map, Ms. Vang realized that the complainanYs business is actually a couple of blocks from this liquor store.) Mr. Peter Vang stated that the property owner makes sure the parking lot is swept every night. Peter, himself, picks up what he sees each moming when he comes to work. Everything is kept as clean as possible. A hauler comes to empty the dumpsters once a week. Ms. Vang asked about security at the store. Mr. Peter Vang replied that they have never had a problem and there is no need for security. The intersection of Rice Street and Maryland Avenue is very, very busy and the area is very clean. Peter lives just two (2) blocks away from the liquor store. He is confixsed by the complainanYs concems, one of which is people walking through his yard. Mr. Vang thinks that if he doesn't want people to walk through his yard, he should put up a fence. Ms. Kerry Antrim, District 6 Planning Council, addressed the hearing. She reported that there were no complaints from anyone at their meeting; everyone was in approval of the licenses and change of ownership. The complainant has not approached the district with his concerns. Ms. Antrim also noted that she drives past this site every morning and every aftemoon, Monday through Friday, and she has never noticed excessive trash. She has also spoken with Mr. Horn, the property owner, about how their trash service is handled. He was very concerned that his trash service would now be expected to pick-up trash in a 4, 5 or 6 block radius around the plaza. He and the district think that is just wrong. Ms. Antrim stated that the district is not asking or requiring Destiny Liquor to have extra security because there has never been a need for it. When there has been a problem, Mr. Vang has promptly taken care of it. The business has never been considered a nuisance property. T`he district is not asking to prohibit single serving alcoholic beverages. The District 6 Planning Council recommends that the licenses be approved with no extra conditions. Ms. Antrim asked the applicant to let the district know what kind of sign he intends to put up. Ms. Vang asked what process the district would take to address concems if they arise. Ms. Antrim responded that they talk with the neighborhood, look at the calls for service and talk to 2 � fo-�3j the beat officers and DSI to determine wha�s going on. They are also notified if an ordinance has been violated. Ms. Schweinler added that DSI handles complaints as they come in. If there is an issue, DSI talks with the licensee. If it is apparent that the licensee needs additional conditions on their license, DSI will go through them with the licensee. Otherwise, each license is reviewed annually. Ms. Vang reminded the applicant to go over the sign ordinance with DSI. Ms. Antrim provided the contact information for SPARC, which has funding available for exterior improvements, including signage. Ms. Vang will recommend approval with one (1) condition as recommended by DSI: 1. Per State of Minnesota Statute 340A.412, Subd. 14) — a liquor store may sell only the following items: (1) alcoholic beverages; (2) tobacco products; (3) ice; (4) beverages for mixing with intoxicating liquor; (5) soft drinks; (6) liqueur-filled candies; (7) food products that contain more than one-half of one percent alcohol by volume; (8) cork.extraction devices; (9) books and videos on the use of alcoholic beverages; (10) magazines and other publications published primarily for information and education on alcoholic beverages; and (11) home brewing equipment. The hearing was adjoumed at 10:34 a.m. /jab Note: Condirions' Affidavit was signed and received June 9, 2010.