10-659CITY.
Pxesented by
Council File # 10-659
Greeu Sheet # 3J! SI 5S'
RESOLUTION
SAINT PAUL, MINNESOTA �
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Approving the application with conditions, per the Deputy Legislative Hearing Officer, for Liquor
On Sale -181-290 Seats, Liquor On Sale - Sunday, Restaurant (5) -151 and Over Seats, Restaurant
(D) - Add-on, Gambling Location, Shared Parking Agreement, and Entertainment iA) licenses for
Debren Enterprises LLC (I.D. 20100000644), d/b/a Tin Cup,1220 Rice Street
1 WHEREAS, the Deputy Legislative Hearing Officer recommends that the application far Liquor On
2 Sale -181-290 Seats, Liquor On Sale - Sanday, Restaarant (5) -151 and Over Seats, Restaurant
3 (D) - Add-on, Gambling Location, Shared Parking Agreement, and Entertainment (A) licenses
4 for Debren Enterprises LLC (I.D. 20100000644), doing business as Tin Cup,1220 Rice Street, be
approved with the following conditions:
1. The shared parking agreement between the license premises and Hom
Investments must be/remain in effect. The licensee shall inform the
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Department of Safety and Inspection (DSI) at least sixty (60) days in advance
of any cancellation of this agreement. Licensee shall remain responsible for
maintaining off-street parking requirements for the restaurantlbar in
compliance with the City's Zoning Ordinance.
2. Per City of Saint Paul Legislative Code 411.�2, the definition of
Entertainment A is, "Amplified or nonamplified music and/or singing by
performers without lunitation 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.
THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this
license application.
Requested by Depattment of:
�
Form Approved by City Attomey
By:
Form Approved by Mayor for Submission to Council
B y _
Adoption Certified by Councrl Secretary
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BY 11Ai,l ��l.�L�!SOrr_
Approved M or: Date ��Z�f ��fa
� �
By:
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
Department/OfficelCouncii: Date Initiated: �
co-c°°"°'' M11SUN2010 Green Sheet NO: 3115155
Contact Person & Phone: Department Sent To Person InitiaVDate
Nhia Vanq o o�o� �
266-8566 1 ouncil De artment Director
Assign Z i Clerk Ci Clerk
Must Be on Council Agenda by (Date): Number 0
23-JUN-10 For 3
Routing 4 �
Doc. Type: RESOLUTION Order 5
E-Document Required: Y
Document Contact: �ean Birkholz �
Contact Phone: 266-8673
Total # of Signature Pages _(C4ip Att Locations for Signature)
Action Requested:
Approving the license application with conditions, per the Legislative Hearing Officer, for Liquor On-Sa]e - 181-290 Seats, Liquor
On-Sale - Sunday, Restaurant (5) - 151 and Over Seats, Restaurant (D) - Add-on, Gambling Location, Shared Pazking Agreement,
and Entertainment (A) licenses for Debren Enterprises LLC, doing business as Tin Cup, 1220 Rice Street.
Recommendafions: P.pprove (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a coniract for �his departmeni? ,
CIB Committee Yes. No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/frm 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, OppoRunity (Who, What, When, Where, Why):
Advantages If Approved:
DisadvaMages N Approved:
Disadvantages If Not Approved:
I Total Amount of CosURevenue Budgeted: •
I Transaction:
Funding Source: Activity Number:
Fi�ancial Information:
(Explain)
June 11, 2010 325 PM Page 1
10-659
LICENSE HEARING MINUTES
Tin Cup at 1220 Rice Street
Thursday, May 27, 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 10:26 a.m.
Staff Present: Jeff Fischbach, Department of Safety and Inspections (DSI); and Jean
Birkholz, Council Research
Others Present: Darren Wolke, owner
Tin Cuv: Liquor On-Sale —181-290 Seats, Liquor On Sale — Sunday, Restaurant (5) —151 and
over Seats, Restaurant (D) — Add-on, Gambling Location, Shared Parking Agreement, and
Entertainment (A) licenses (Note: change of ownership only.)
Ms. Vang stated that this is an informal legislative hearing for a Class N license application,
which requires neighborhood notification. The City received one (1) letter of concern regarding
this license applicarion. If anyone has a concern, it automatically triggers a legislative hearing.
Other Class N Licenses include: tattoo parlors, entertainment, second hand dealerships, auto
repair, etc.—things that have an immediate impact on the neighborhood. The purpose of
today's hearing is to help Ms. Vang prepare a recommendation to the City Council. Ultimately,
there are three (3) possible outcomes from this hearing: 1) Ms. Vang may recommend to the
City Council that they issue this license without any conditions; 2) she may recommend to the
City Council that they issue this license with agreed upon conditions; or 3) she may recommend
to the City Council that they not issue this license but refer it to an administrative law judge for
a further hearing and findings. •
The hearing will begm 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 recommendarion.
Next, Ms. Vang will ask the applicant to tallc 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 recommendarion for the City
Council to consider. Her recommendarion will be on the Consent Agenda. The City Council is
the final authority on whether the license is approved or denied.
Mr. Jeff Fischbach, Department of Safety and Inspections (DSI) reported that staff has reviewed
the application and made some recommendations. There is also a shared parking agreement
that has been attached. He explained that the shopping center and this bar have always used
the same parking lot but there has been a change of o�mership in the shopping center in the last
feti= years which stunulated a license review which revealed that the building in which the
restaurant is located is on a separate parce] of land from the shopping center and the parking
lot. At one rime, all of this was owned by one (1) person. He then sold off the shopping center
but kept the bar. He intended to sell the bar to someone else but that didn't work out so, he
10-659
eventually sold it to the person who bought the shopping center. However, the parcels are
separate so, to make sure parking is tracked for the Tin Cup, DSI required a shared parking
agreement. DSI has recommend approval with the following standard conditions:
1. The shared parking agreement between the license premises and Horn Invesrinerits
must be/remain in effect. The licensee shall inform the Department of Safety and
Inspection (DSI) at least sixty (60) days in advance of any cancellation of this agreement.
Licensee shall remain responsible for maintaining off-street parking requirements for
the restaurant/bar in compliance with the City's Zoning Ordinance.
2. Per City of Saint Paul Legislative Code 411.02, the definition of Entertainment A is,
"Amplified or nonamplified 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.
Mr. Fischbach added that the District 6 Planning Council submitted a letter recommending
approval of the license application and supported a waiver of the 45-day waiting period for
issuance of the licenses. The licenses have already been issued; City Council approved issuance
of the licenses on May 12, 2010. As far as inspections: Building has approved the remodelir�g;
Environmental Health approved it; License has approved it with condirions; and Zoning has
approved it with conditions.
Mr. Wolke talked about his business plan. Beginning next week, Tin Cup's hours of operation
will be 10:00 a.m. — Midnight, Sunday through Thursday and 10:00 a.m. — 1:00 a.m. on Fridays
and Saturdays. In the future, they plan to expand the hours of operation to include breakfast
seven (7) days a week. They will then open at 7:00 a.m. Tin Cup will serve traditional bar food
°kicked-up a knotch." Regarding entertainment, they will provide acousric music and some
karaoke, perhaps; there is not room enough for amplified entertainment. Pull tabs will run
beginning at 11 a.m. until closing. Meat raffles will take place on certain days. Basically, Tin
Cup is a family-oriented restaurant/bar. Mr. Wolke will employ members of his family plus
others from the surrounding neighborhood. Currently, he will be managing the business. It is
his first time running this type of business. He has surrounded himself with professional chefs
and bartenders. His staff is approxunately sixteen (16) — seventeen (17) total; five (5) fulltime
and the rest part-rime. They will open for business beginning June 1, 2010, and they hope'to
attract families, in particular.
Ms. Vang reviewed the letters of support and concem. Some of the concems raised in the letter
include: public urinafion, prostitution, dissemination of drugs, smoking, litter, loud, rude
patrons, etc. All of these concems go to the history of the previous owners.
Mr. Wollce stated that all of the listed problems disgust him as much as they disgust the
complainant He said that Tin Cup's staff will make sure that litter is picked-up daily.
Receptacles for ashes and cigarette butts will be placed away from the front entrance a bit. A
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bouncer will help to keep loitering to a minimum. Surveillance cameras (4) are being mounted;
Mr. Wolke will contact the Saint Paul Police Department to seek advice on camera location. The
cameras are set for a 30-day loop and will be recording 24 hours a day and will be made
available for police officers and DSI inspectors. They intend to take trash out at approxunately
9:00 p.m. and resume again the next morning around 9:00 a.m. They will keep their dumpster
locked to avoid becoming the neighborhood dumpster. Ms. Vang suggested that he put up
signs requesting patrons to respect the residential neighborhood as these leave the
establishment.
Ms. Vang asked Mr. Wollce if he has had a chance to meet with the district council. Mr. Wolke
replied that he has been to two (Z) District 6 Planning Council meetings. Ms. Vang encouraged
Mr. Wolke to work with the district council; they are the eyes and ears of the neighborhood and
they will be able to help and advise him as issues arise. Ms. Vang also suggested that an exit
plan be worked out with the District Council on the occasion when they may have large crowds
for entertainment.
Ms. Vang asked if the basement is used. Mr. Wolke responded that about 1/3 of the basement is
used for special events/parties, etc. The rest is used for storage.
Ms. Vang reviewed the floor plan.
Ms. Vang will recommend approval with the rivo (2) conditions as recommended by DSI:
1. The shared parking agreement between the license premises and Horn
Investments must be/remain in effect. The licensee shall inform the
Deparrinent of Safety and Inspection (DSI) at least sixty (60) days in advance
of any cancellation of this agreement. Licensee shall remain responsible for
maintaining off-street parking requirements for the restaurant/bar in
compliance with the City's Zoning Ordinance.
2. Per City of Saint Paul Legislative Code 411.�2, the definition of Entertauunent
A is, "Amplified or nonamplified 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.
The hearing was adjourned at 11:05 a.m.
/jab
Note: Conditions' Affidavit was signed on March 20, 2010.
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