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10-762Amended 7/21/2010 CITY RESOLUTION Ptesented by � I 4VHEREAS, the Coancil File # 10-762 Green Sheet# 3115779 SAINT PAUL, MINNESOTA �� Hearing Officer recommends Ehat the application to (I.D. �20100000617) Liquor 2 On Sale -100 seats or fewer, Liquor On Sale - Sunday, Entertainment (A), Gambling Location and 3 Restaurant (4) - 51-150 seats licenses for L& E Inc., doing business as Bay Street Grill and Bar, 731 4 Randolph Avenue, be approved with the following conditions: 5 1. No trash or bottle dumping or trash hauler service/pick-up are permitted between the hours of 7:00 p.m. and 7:00 a.m. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2. The licensee shall provide and maintain working video surveillance cameras and recorders on the premises (both inside and outside) in accordance with Saint Paul Police Department (SPPD) recommendafions. There shall be a minunum of four (4) cameras on the inside of the building and one (1) camera outside at the rear of the building (subject to addirional camera(s) by SPPD). T`he number of cameras, their placement and theu quality must be approved by SPPD; and there shall be adequate lighting to support the camera placement. This equipment must be in operation during all business hours. Tapes/recordings must be maintained for a minimum of thirty (30) days, and there shall be an employee on staff at all times with the ability to make them iinmediately available to the SPPD and/or the Departrnent of Safety and Inspecrions (DSI) upon request. 3. The square footage of windows on the building will not be decreased. Windows shall not be obscured with signs, displays, blinds or other items when the establishment is open and/or any people are in the building. 4. Bar doors must remain closed when entertainment or music (including from a juke box) is being offered. 5. Signage shall be prominently posted at all entrances and exits to make patrons aware that when they leave the premises, they are exiting into a residential neighborhood and should show respect and considerarion for the residents. 6. Licensee shall not install any pool table in the establishment unless written permission is first obtained from DSI. 26 7. The licensee shall provide an adequate security staff from 9:30 pm. until 1:30 a.m. (or until all 27 customers/patrons have left the premises, including the parking lot area) every Friday and Saturday 28 night to ensure a safe and secure environment far the public and their employees. Security 29 personnel are in addition to bartenders, servers and cooks (staff assigned to these duties are not 30 considered part of the security staf�, and shall wear clothing that clearly identifies them as security. 31 The licensee and security staff shall be responsible for monitoring both the interior and exterior of 32 the premises, and shall patrol the parking lot area on a regular basis to discourage loitering. 33 34 Conditions added as a result of 06/24/20101egislative hearing: 35 8. Licensee will pick up litter daily within a 100 foot radius of the property. 36 9. All employees shall take alcohol awareness training annually. New employees shall be trained 37 within thirty (30) days and proof of training shall be submitted to DSI. At least one (1) employee on 38 duty shall have had alcohol awareness training. 10-762 39 10. Security shall check outside hourly for at least one (1) year to insure that there aze no patron 40 problems on the exterior of the establiskunent. This condirion will be lifted by DSI after one {1} year 41 if exterior problems aze minimal. 42 43 44 45 46 11. The back door shall be used as an exit only. 12. The licensee will have the building evaluated by SPPD to deterntine if an additional camera can be added on the south side (Randolph) of the building. Licensee will follow the recommendaflons of SPPS on camera placement and lighting. And 47 WHEREAS, there was an addiHonal communitp meeting involving interested neighbors, the City Council 48 office and the a�plicant at which time all�arties agreed to small changes to the previousl�agreed-upon 49 condirions, these beinQ 50 51 9. The back door shall be used as an exit onl� Panic Bar hardware will be installed bi� August 15, 2010. 52 13. No other gambling, other than the alread�approved Charitable Gambling (No Texas Holdem, Bar Binga� 53 14. No outside table and chairs or service (patio or sidewalk ca��). 54 15. Na smokin�allowed behind the building 55 16. No motorcycle parlring on the sidewalk. Signs will be posted to indicate no motorc�le parkin�on the 56 sidewalk. 57 58 WHEREAS, an affidavit agreeing to these conditions was si�ned by Yhe license a�plicant on Tuly 19, 2010; 59 6Q THEREFORE, BE TT RESOLVED that the Council of the City of Saint Paul hereby approves this license 61 application with the aforementioned agreed-upon conditions. 62 Requested by Department of. 63 Adoprion Certified by Co cil Secretary $Y� E� 1/lllu/�n �i�d✓J Appto�e,���✓Iayo � Date � � 7A HY � �i\ /� E t , � Form Approved by City Attorney By: Form Approved by Mayor for Submission to Council By: 10-76 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartmenUO�celCouncil: Datelnitiatetl: Green Jllee� �O, J��J��.7 ;�_ Council 09 JUL 2010 U� � 1 Contact Person & Phone: Deoartment Sen[ To Person Initial/Date � MarciaMoermond o ouncil i� � 266-8570 1 oancd De artmentDirector Assign Z 'tyClerk CStvClerk Must Be on Council Agentla by (Date): Num6er � � 21-JUL-10 For 3 Routing 4 � Doc.Type:RE50LUTION Order 5 0 E-DOCUment Required: Y I DocumeatContact: �ean Birkholz Contact Phone: 266-8673 ToWI # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approving the ]icense application wi[h condidons, per the Legislative Hearing Officer, for Liquor On Sale - 100 seats or fewer, Liquor On Sale - Sunday, Entertainment (A), Gambling Location and Restaurant (4) - 51-I50 seats licenses for L& E Inc., d/b/a Bay Street Gri]] and Baz, 731 Randolph Avenue. Recommendations� Approve (A) or Reject (R): personal Service Gontracts Must Answer the Following Questions: Planning Commission t Has this personffirm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this persoMSrm ever been a city employee? Yes No 3. Does this persoNfirm possess a skill not norma0y possessed by any current city employee? Yes No Expiain all yes answers on separete sheet antl attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: Disadvantages If Approved: DisadvanWges If Not Approved: ToWI Amount af Transaction: CoSVRevenue Budgeted: Funding Source: Activity Number. Financial Infortnation: I (Expiain) July 9, 2010 70:03 AM Page 1 10-762 LICENSE HEARING MINUTES Bay Street Grill and Bar at 731 Randolph Avenue Thursday, June 24, 2010, 2:00 p.m. 330 City Hall, 15 Kellogg Boulevard West Marcia Moermond, Legislative Hearing Officer The hearing was called to order at 2:07 p.m. Staff Present: Christine Rozek, Deputy Director, Department of Safety and Inspections (DSI); and Jean Birkholz, Council Research Others Present: Edward and Lois Snydex, owners; Paul Mateyka, employee; and the following neighbors: David Bradshaw, representing Patricia Peterson; Linda Schmit, Mike Strufelder; Mike Barodt; Robert Bowman; and Greg Tervola Bay Street Grill and Bar: Liquor On Sale-100 seats or fewer, Liquor On Sale-Sunday, Izestaurant (41 - 51-150 seats, Entertainment (A) and Gambling licenses at 731 Randolph Avenue Ms. Moermond stated that this is an informal legislative hearing far a license applicarion. This parricular 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 hearing. Other Class N Licenses include: tattoo parlors, auto repair, auto sales, etc.—things that have an immediate impact on the neighborhood. In this case, the City received six (6) letters of objection/concern to this license. There are three (3) possible results from this hearing: 1) Ms. Moermond may recommend that the City Council issue this license without any conditions; 2) she may remmmend that the City Council issue this license with agreed upon conditions; or 3) she may recommend that the City Council not issue this license but refer it to an administrative law judge for a further hearino and findings. The hearing will begin with a report from Yhe Departrnent of Safety and Inspections (DSI). Staff will be asked to explain their review ot the application and to state their recommendation. Next, Ms. Moermond 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 wifih 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. Ms. Christine Rozek, Department of Safety and Inspections (DSI), reported that DSI staff recommends approval of the license with the following conditions: 1. No trash or bottle dumping or trash hauler service(pick-up are permitted between the hours of 7:00 p.m. and 7:00 a.m. 2. The licensee shall provide and maintain working video surveillance cameras and recorders on the premises (both inside and outside) in accordance with Saint Paul Police Department (SPPD) recommendations. There shall be a minimum of four (4) cameras on the inside of the building and one camera outside at the rear of the building (subject to additional camera(s) by SPPD). The number of cameras, their placement and their quality must be 10-762 approved by SPPD; and there shall be adequate lighting to support the camera placement. This equipment must be in operation during all business hours. Tapes/recordings must be mainEained for a miniznum of thirty (30) days, and there shall be an employee on-staff at all times cvith the ability to make them immediately available to the SPPD and/or the Department of Safety and Inspecfions (DST) upon request. 3. The sGuare footage of windows on the building will not be decreased. Windows shall not be obscured with signs, displays, blinds or other items when the establishment is open and/or any people are in the building. 4. Bar doors must remain closed when entertainment or music (including from a juke box) is being offered. 5. Signage shall be prominently posted at all entrances and exits to make patrons aware that when they leave the premises, they are exiting into a residential neighborhood and should show respect and consideration for the residents. 6. Licensee shall not install any pool tab]e in the establishment unless written permission is first obtained from DSI. The licensee shall provide an adequate security staff from 9:30 p.m. until 1:30 a.m. (or until all customers/patrons have left the premises, including the parking lot area) every Friday and Sarixrday night to ensure a safe and secure environment for the public and their employees. Security personnel are in addition to bartenders, servers and cooks (staff assigned to these duties are not considered part of the security staff�, and shall wear clothing that clearly identifies them as security. The licensee and security staff shall be responsible for monitoring both the interior and exterior of the premises, and shall patrol the parking lot area on a regular basis to discourage loitering. All of the inspection requirements have been met. Ms. Moermond asked if the business was operating with a management agreement now. Ms. Rozek responded that it is not; the establishment is currently closed. Mr. Snyder explained that he ancl Lois got the business back through foreclosure. Mr. Paul Mateyka, Lois Snyder's son, had previously been listed on the property ownership and license but is not at this time. Mr. Snyder said that they want to revive the business and make it successful again. After a few years of success, they intend to sell it. Mr. Synder submitted their business plan for the file. He also submitted it to the attendees at the district meeting he attended. Realizing what had happened to the business over the past six (6) years, he listed plans to help the business recover, trying to address and eliminate the problems that existed, which the neighborhood was most concemed about: changed name to Bay Street Grill and Bar, emphasizing food rather than alcohol display signs remindino patrons to respect the neighborhood want to be known for excellent food, first food service will be from 8 a.m. to 10 p.m., seven days a week with food specials no pool table }uke box volume will be controlled; it will also contain a filter to cancel vulgar lyrics. Texas Hold'em will be discontinued 2 a.m. closing nights will be only Thursday, Friday and Saturday A security person will be on duty Friday and Saturday nights; he will patrol outside the building as well 10-762 eliminate smoking in the rear of the building, directing smokers to the east side of the building and the front. more lighting has been installed outside no trash dumping between 9 p.m. and 7 a.m. no motorcycle parking on the sidewalk; signs have been erected. Mr. Snyder said that he left the district council meeting with good feelings that the neighborhood supported their ideas for improvement and were willing to let them give it a try. T`he police have approved their camera system. Mr. Snyder and some of his staff will be getting instructions for crearing a disc. There are seven (7) cameras inside and one (1) outside. They have agreed with and complied with all of the conditions. Ms. Moermond said that she was somewhat confused when she saw that Mr. Mateyka was listed as a previous license holder at this site, yet the applicarion listed him as a manager and then there was a letter saying that Mr. Snyder was going to be the manager. Mr. Mateyka explained that the neighborhood doesn't want him to manage it, so Ed will be the manager. Mr. Mateyka will be an employee and provide his experience of 25 years. He owned Dean's Tavem on Rice Street for fourteen (14) years and sold it last year. Mr. Mateyka will help out and advise but Ed and Lois will have the final say. Mr. Snyder will be there everyday except when he and his wife go on vacation. He will do the bookwork and buying, etc. Mr. Mateyka will be on site mostly at night, especially the busier nights; he will tend bar one (1) night a week. They will employee about twelve (12) staff. A bartender will be acting manager when Mr. Snyder or Mr. Mateyka is not present. Mr. Mateyka noted that he o�vns the business at 2045 Marshall Avenue, Suds America, a laundry and tanning operation; and he owns a house in Saint Paul. Ms. Lois Snyder added that they have already put up signs to respect the neighborhood. The cameras are in and the lights outside have been repaired. The juke box will play only rock'n roll and country music. Mr. Snyder chimed in that "litter° has been a common complaint and so, their cleaning person has been instructed to police the area everyday, including the next door neighbor's yard and the alley. Also, he withdrew the application for a 2 a.m. closing. He hopes that they might be able to reconsider a 2 a.m. closing after a year of operation. Ms. Rozek asked whom neighbors or DSI can call when there are complaints. Mr. Snyder responded that he has already been very explicit on that. He wants to hear about the complaints; he wants to know what's going on. Ms. Rozek asked if they could call him if there is a disturbance at bar closing at 1 a.m. Mr. Snyder replied that he would want to know. He gave the neighbors his cell phone number (651-328-9014) and his email address. Mr. Mateyka's phone number is 651-260-7981. Ms. Rozek asked Mr. Snyder what kind of clientele is expected after 10 p.m. when they are no longer serving food. Mr. Snyder responded that he would like to see,the old clientele coming back; neighborhood people. Ms. Rozek added that making a disc is a very important piece and it will be necessary to have someone on the premises who knows how to do it because sometimes the police officer wants the disc right away. Mr. Snyder added that Officer Parsons was very explicit about that. Ms. Rozek said that she has heard that there might be some issue with ownership of the contents of the 10-762 building. Mr. Snyder said that they own everything in the building. There is a question waiting for an arbitrator's decision. The parking lot, the cage around the dumpsters, the office, the bar and the booths are in arbitrarion. A judge asked that an arbitration date was to take place within 9Q days; however, the other party won't respond to setting a date. Time will be up the day after tomorrow. They are unsure about what may happen next. They intend to replace anything that they might lose. Public Testimonv Mr. David Bradshaw, representing Patricia Peterson, spoke with concerns particularly about noise along Randolph and Bay Street well past 3 a.m., which is where there were previous problems with Lucky Foxx. Some patrons would remain in front of Lucky Foxx using threatening and abusive language most of the time. The neighbors were not able to keep their windows open during the summer. Ms. Peterson noted that if there will be security cameras only in the rear of the building, this behavior along Bay Street and Randolph Avenue will be missed. Ms. Moermond asked Mr. Bradshaw if he had ever witnessed this behavior while he was at Ms. Petersori s home. Mr. Bradshaw said that he had. Once there was a fight going on together with loud squealing car tires and shouts of "We'll be back!° Staff had already gone and there was no video record. Ms. Linda Schmit, neighbor, noted that she lived in the neighborhood in 2004 when new owners were taking over and she had expressed her concerns at that time. In 2004, her concerns were with respect to the establishment that the Mateykas had run. Nothing changed. There are a lot of issues with the establishment: noise, tires squealing, motorcycles revving at 2:00 a.m., people lingering after 2:00 a.m., very loud fights and lots of trash/litter around the building and the neighborhood. Sunday night was the noisiest night; she would appreciate having additional monitoring andJor additional security. Sunday night attracted a lot of motorcycles. Ms. Moermond asked about her observations of the over-service conclusion reached in her letter of concern. Ms. Schmit replied that many people left the bar with an altered gait and were very loud with their slurry language. Mr. Mike Strufelder, neighbor, noted that he has been living there for twenty-five (25) years. He agrees with the concerns of the previous speakers. He recommends that a camera be placed outside the east side of the building on Bay and one on the southeast side on Randolph. The front, side and back should all be camera covered. He understands that many of the concerns will continue regardless of who owns/manages the estaUlishment; however, if the security person were responsible and capable, many of these concerns could be limited/resolved; and the neighborhood would be more satisfied. Diligently and consistently policing the area for litter will also increase the neighbors' satisfaction. He stated that he doesri t have a problem with the bar but admits that it has been nice being quiet during the time it has been shut down. He feels that if the concerns are addressed and kept up, and the bar owner cooperates with neighbors, it can work out for everyone. 4 10-762 Mr. Mike Barodt, neighbor, has lived in this neighborhood for seventeen (1� years. He stated that he had been an employee of Paul Mateyka from 1991-1995. He said that the problems stated by the neighbors seemed to have escalated when Lucky Foxx took over in 2004. The owner brought in a different clientele; many of her friends/acquaintances from North Minneapolis did not mix with the neighborhood. However, there were no shootings and no one was stabbed. Every bar has some fights; and people are outside because they are no longer allowed to smoke inside. Mr. Barodt said that he is going to be working in the restaurant. People who have talked with him were anxious for the bar to open. He feels that they can bring something good to the neighborhood. He has twenty (20) years of experience in the kitchen; he's a butcher by trade and has a lot of great ideas to make this business work. He has been laid off for almost a year and he is anxious to get back to work. This business will provide twelve (12) people with work. Mr. Robert Bowman, neighbor, lives five houses down from this establishment. He sais that the previous owner brought in a crowd that likes "gangster rap" and an East Side crowd, as well, many of whom were actually gang members. He and his wife went to the Lucky Foxx numerous times to have a night cap and they got to know some of the clientele who were gang members from the East Side and Minneapolis. They were allowed to congregate there by the previous owner. Neighborhood people would stop there during the day and for lunch; around 6 p.m., the neighborhood people would leave. Many people would not go there at all because of the type of clientele and the type of music being played. At night, there were no neighborhood people at all. Ms. Moermond asked if the gang members were from one (1) particular gang. Mr. Bowman responded that several gangs were represented. He thinks that was where the majority of problems were coming from. If the new owners' plans go through, he thinks the gang element will be gone. At first, they may return to check it out. Tt may take a couple of months to weed those people out. He noted that he is an acquaintance of Paul Mateyka. Regarding Deari s Tavern, he said that he and his wife had frequented it many times. It was a very nice establishment and he never saw any problems there. He and his wife had their wedding reception at Dean's Tavern with over 300 people in attendance, who commented on the wonderful food, the fine accommodations and how well-run the place was. Mr. Greg Tervola, who lives near Cherokee Park, stated that he has been a personal friend of Paul Mateyka for thirty (30) years so he has seen him going through all of the transitions. He has had four (4) businesses and has become very successful at managing them. He likes Paul's idea for changing this bar to a neighborhood bar first of all by changing the name to Bay Street Grill and Bar, emphasizing food over alcohol. He has also known Ed since he has moved back to Saint Paul. Both Ed and Lois are very conservative and they want to run this place that way. Mr. Tervola will be employed as a bartender and a security person on weekends. Ms. Betty Moran, West Seventh Street Federation, addressed the hearing thinking that a better system needs to be in place when a problem arises in the early morning hours other than 10-762 calling Ed, who then will call the bartender. She was also concerned that the security personnel might choose to avoid a problem rather than deal with it. She knows that several people who live near the bar have set up their own cameras. There is no shortage of bars along West 7"' but this is the only bar that seems to have had on-going problems, even going back before the previous owners. Ms. Moermond asked what is unique about this parficular bar or location that may have contributed to the problems. Ms. Moran noted the lack of respect that the past owners have had for the neighborhood. NIs. Lois Snyder stated that during all of the eighteen (18) years they ran the bar previously, they never had a citation or been taken to court. Once in 1994 or 1995, when a sting was set up, the bartender gave an underage girl change for the cigarette machine. She added that they are unable to put the cameras out front because of the awnings. Mr. Snyder noted that he had asked a police officer to look up police reports on the bar prior to Lucky Foxx and there were none. Mr. Mateyka referred to the letter of objection written by Mr. Frank Petersen, who stated that he didn't want Paul to be involved with the bar. Mr. Mateyka stated that he didri t want any of the neighbors to feel such animosity towards him and he is willing to sit down and have a conversation with Mr. Petersen. He wants to work out whatever is concerning Mr. Petersen, who seems to be a leader in the community. Mr. Snyder added that he thinks that Mr. Petersen is the person he needs to be in contact with as a liaison for the community. In respvnse to Ms. Moran, Mr. Snyder stated that a phone call to him at 12:30 a.m. will get a response. The success of this business is important for many reasons and anything he can do to help take care of potential problems will be his objective. Mr. Mateyka noted that back in the 90s, he was told not to call the police because the number of police calls could affect the license in a negative way; now, that has changed. Now, they want you to call the police; the police are there to help. Ms. Moermond reviewed the letters of concern/objecrion. Ms. Moermond asked Ms. Rozek about customary conditions regarding trash. Ms. Rozek responded that iYs not unusual to have a license condition that would require trash pick-up not only around the licensed property but also some of the surrounding properties. Ms. Moermond recommended adding such a condition, with a 100 foot radius of the property. Mr. Snyder added that they have instructed their cleaning person to police the area on a daily basis; and they will police the yard of the lady next door. Ms. Moermond stated that the problem people who frequented Lucky Foxx are likely to come back after the place is opened up again to check it out. The situation will need to be addressed. Mr. Snyder responded that they are hoping, since iYs been closed since the second 0 10-762 week of December 2009, many of them will have already found a new locarion in which to hang out. If the problematic clientele does come back, their favorite game of pool will no longer be there; their favorite music will no longer be played on the juke box; the entertainment of Texas Hold'em will no longer be there; and their favorite kind of alcohol will no longer be stocked. Hopefully, they will no longer want to be there, either. Mr. Mateyka added that their first priority will be food, not alcohol; the kitchen will be open from 7:30 a.m. -10:00 p.m., Monday - Saturday. Three full-time cooks have aiready been hired; perhaps, more part-rime cooks will be hired. They put in all new kitchen equipment. They are going to try hard to change the environment and discourage the previous problematic clientele. Ms. Rozek stated that DSI would like to make sure that the establishment's security personnel are clearly marked so when a police officer comes, he will know immediately who to talk with. She wants to remind the applicants that it's really important to call the police when there is trouble but to remember that the police are not the bar's bouncers. They expect the establishment to deal with common problems. Some of the things that have taken place in the past sound to Ms. Rozek as though they may have happened because of over-service. She asked the applicants how they intend to make sure that over-service does not happen Mr. Snyder responded that they will hire experience bartenders; bartenders will not be drinking behind the bar; and alcohol awareness training will be provided. The applicants agreed to put alcohol awareness training for their employees as a condition on the license. Ms. Rozek added that providing the training would make them eligible for a discount on their insurance and license. Alcohol awareness training is offered very frequently; the City has two (2) vendors and they are very flexible about scheduling. Regarding security cameras, Ms. Moermond noted that providing more cameras was brought up in the letters. Mr. Mateyka stated that they now have six (6) cameras on the inside and one (1) on the outside. The camera system they leased holds eight (8) cameras, so they have one spot left. They would like to put cameras out front; however, the awnings prevent them from putting them up and if they put them under the awnings, the cameras will be stolen. Mr. Snyder added that the awnings provide a bright light source to help deter trouble. T'hey plan to have security personnel walk around the perimeter at least every thirty (30) minutes. Mr. Sarodt added that he has seen the camera system operate and it takes in a lot of territory; he finds it to be sufficient. Mr. Bradshaw commented that not having cameras in front and on the side of the building is not sufficient. That is where the problematic activity has previously taken place. Ms. Moermond noted that a unique thing about this situation is Mr. Metayka having been listed on the license application and then having removed himself, and a neighbar being concerned about his name being listed on the license. She asked Ms. Rozek the material differences between being an employee versus being the manager listed on the license. Ms. Rozek responded that there really isn't much. DSI defines manager as someone who does the 10-762 ' hiring and firing, handles the finances, orders supplies and sets the policy for the business. She doesn't think that it will make any difference, materially. His name is not on the license; he will not be the responsible party but he will be there. Ms. Rozek noted that Officer Parsons evaluates security camera situations. She suggested that Officer Parsons be asked to come out and take a look to see if it would do any good to add a camera; if iYs even possible. Ms. Moermond agreed. Ms. Rozek will contact him by email. Ms. Moermond stated that she would like to have someone check the outside of the establishment on an hourly basis after 9 p.m. each evening for the next year. After a year, that condition will switch to "as needed," if things are under mntrol. Ms. Moermond asked the applicants how soon they would be able to replace the items they might lose in arbitration. Mr. Snyder replied that they would replace them as soon as possible. Ms. Moermond suggested that they send a letter to the neighbors listing Mr. Snyder's and Mr. Mateyka's phone numbers just in case it is necessary to contact them. They both agreed. She encouraged the applicants to also add as much information as possible to the Certificate of Occupancy and to keep it current. Officers tend to look there for phone numbers. Mr. Rozek summarized additional conditions: - daily litter pick up within a 1�0 foot radius - atcohol awareness training annually - security check outside for problems hourly for one year - back door used as exit only - security camera evaluation by SPPD to determine location Ms. Moermond stated that she would like Officer Parsons choose the location for the eighth camera. Also, the garbage needs to be screened (not a condition); and a receptacle be placed in the front for c3garette butts (not a condition). Ms. Moermond will recommend approval with the following conditions: 1, No trash or bottle dumping or trash hauler service/pick-up are permitted between the hours of 7:00 p.m. and 7:00 a.m. 2. The licensee shall provide and maintain working video surveillance cameras and recorders on the premises (both inside and outside) in accordance with Saint Paul Police Department (SPPD) recommendafions. There shall be a minimum of four (4) cameras on the inside of the building and one (1) camera outside at the rear of the building (subject to additional camera(s) by SPPD). The number of cameras, their placement and their quality must be approved by SPPD; and there shall be adequate lighting to support the camera placement. This equipment must be in operation during all business hours. Tapes/recordings must be maintained for a minimum of 10-762 thirty (30) days, and there shall be an employee on staff at all times with the ability to make them immediately available to the SPPD and/or the Department of Safety and Inspecrions (DSI) upon request. 3. The square footage of windows on the build'mg will not be decreased. Windows shall not be obscured with signs, displays, blinds or other items when the establishment is open and(or any people are in the building. 4. Bar doors must remain closed when entertainment or music (including from a}uke box) is being offered. 5. Signage shall be prominently posted at all entrances and exits to make patrons aware that when they leave the premises, they are exiting into a residential neighborhood and should show respect and consideration for the residents. 6. Licensee shall not install any pool table in the establishment unless written permission is first obtained from DSI. 7. The licensee shall provide an adequate security staff from 9:30 p.m. until 1:30 a.m. (or until all customers/patrons have left the premises, including the parking lot area} every Friday and Saturday night to ensure a safe and secure environment for the public and their employees. Security personnel are n� addition to bartenders, servers and cooks (staff assigned to these duties are not considered part of the security staff), and shall wear clothing that clearly identifies them as security. The licensee and security staff sha11 be responsible for monitoring both the interior and exterior of the premises, and shal] patrol the parking lot area on a regular basis to discourage Ioitering. Conditions added as a result of 06/24/20101egislative heazing: 8. Licensee will pick up litter daily within a 100 foot radius of the property. 9. All employees shall take alcohol awareness training annually. New employees shall be trained within thirty (30) days and proof of training shall be submitted to DSI. At least one (1) employee on duty sha11 have had alcohol awareness training. 10. Security shall check outside hourly for at least one (1) year to insure that there are no patron problems on the exterior of the establishment. This condition wi11 be Iifted by DSI after one (1) year if exterior problems are minimal. 11. The back door shall be used as an exit only. 12. The licensee will have the building evaluated by SPPD to determine if an additional camera can be added on the south side (Randolph) of the building. Licensee will foilow the recommendations of SPPS on camera placement and lighting. Ms. Moermond stated that the applicants will receive a Conditions' Affidavit to sign. When it is returned, the resolution will be processed and sent to the City Council. The hearing was adjourned at 4:06 p.m. jjab Note: Conditions Affidavit was signed July 6, 2010. Council File # 10-762 Green Sheet # 3 j f�<"77 9 C by OLUTION PAUL, MINNESOTA 1 WHEREAS, the gislative aring Offi r recommends that the application to {I.D. �20100000617) 2 Liquor On Sale —1 seats or few , iquor On Sale — Sunday, Entertainment (A), Gambling Location 3 and Restaurant (4) — -150 seats licenses for L& E Inc., doing business as Bay Street Grill and Bar, 731 4 Randolph Avenue, be ap roved with the following conditions: 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 1. No trash or bottle dum ' g or trash hauler service/pick-up are permitted between the hours of 7:00 p.m. and 7:00 a.m. 2. The licensee shall provide an maintain working video surveillance cameras and recorders on the premises (both inside and outsi ) in accordance with Saint Paul Police Department (SPPD) recommendations. There shall be minimum of four (4) cameras on the inside of the building and one (1) camera outside at the rear of e building (subject to additional camera(s) by SPPD). The number of cameras, their placement an their quality must be approved by SPPD; and there shall be adequate lighting to support the camer lacement. This equipment must be in operation during all business hours. Tapes/recordings ust be maintained for a minimum of thirty (30) days, and there shall be an employee on staff a all times with the ability to make them immediately available to the SPPD and/or the De rtment of Safeky and Inspections (DSI) upon request. 3. The square footage of windows on the building will n be decreased. Windows shall not be obscured with signs, displays, blinds or other items whe the establishment is open and/or any people are in the bui]ding. 4. Bar doors must remain dosed when entertainment or music offered. from a juke box) is being 5. Signage shall be prominently posted at all entrances and exits to ake patrons aware that when they leave the premises, they are exiting into a residenrial neighbor ood and should show respect and consideration for the residents. 6. Licensee shall not install any pool table in the establishment unless writ n permissian is first obtained from DSI. 7. The licensee shall provide an adequate security staff from 9:30 �.m. until 1: a.m. (or until al] customersJpatrons have left the premises, including the parking lot area) ever Friday and Saturday night to ensure a safe and secure environment for the public and their mployees. Security personnel are in acldition to bartenders, servers and cooks (staff assigne o these duties are not considered part of the security staf�, and shall wear clothing that clearly ide tifies them as security. The licensee and security staff shall be responsible for monitoring both the te"rior and exterior of the premises, and shall patrol the parking lot area on a regular basis to disw rage loitering. Conditions added as a result of �6(24(2UlO legislative hearing: 8. Licensee will pick up litter daily within a 100 foot radius of the property. 10-762 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 E 10 11 employees shall take alcohol awareness training annually. New employees shall be trained wi in thirty (30) days and proof of training shall be submitted to DSI. At least one (1) employee on d shall have had alcohol awareness training. Security hall check outside hourly for at least one (1) year to insure that there are no patron problems o the exterior of the establishment. This condition will be lifted by DSI after one (1) vear if exterio roblems are minunal. ll. The back doar s 11 be used as an exit only. 12. The licensee will ha e the building evaluated by SPPD to determine if an additional camera can be added on the south si (Randolph) of the building. Licensee will follow the recommendarions of SPPS on camera placemen�and lighting. THEREFORE, BE IT RESOLVED that�Counci] of the City of Saint Paul hereby approves this license application with the aforementioned ag ed-upon conditions. Requested by Department of: � Form App�oved by City Attorney � Adopted by Council: Date Adoption Certified 6y Council Secretary By: Approved by Mayor: Date By. Form Approved by `N�ayor for Submission to Council By: \\ �$