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10-1105Council File # % V — %VD S Green Sheet #31, 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Presented by RESOLUTION Ip CITY OF 3Alr UL, MINNESOTA T / WHEREAS, Petom Inc. d /b /a The Nook, located at 492 Hamline Avenue in Saint Paul, has requested a waiver of the 45 -day notice requirement for an extension of the on sale wine and on sale malt (strong) liquor service area the into the lower level beneath the current licensed premises, formerly used as the Ram Ham Bowling Lanes at 490 Hamline Avenue; and WHEREAS, the Highland District Council has agreed to the waiver of the notice requirements; and WHEREAS, the Council finds that the application is in order and that there are no grounds for denial of the license and that the failure to grant the waiver and the consequent delay in approving the license would cause exceptional and unusual hardship to the license applicant; and WHEREAS, the licensee agrees that in the event a complaint is received prior to the expiration of the 45 -day period and the complaint provides a basis for adverse action against the license, that the Department of Safety and Inspections may direct the licensee to immediately discontinue all operations until a public hearing is scheduled, and that the licensee shall comply with said directive; now, therefore, be it, RESOLVED, that the 45 day notice requirements of § 409.06 of the Saint Paul Legislative Code are hereby waived and an extension of the liquor service area for the on sale wine and on sale malt (strong) licenses into the lower level beneath the current licensed premises, formerly used as the Ram Ham Bowling Lanes, is granted for Petom Inc. d /b /a The Nook, located at 492 Hamline Avenue in Saint Paul, subject to the agreement stated above. Adopted by Council: Date Adoption Certified by Council Secretary By: Approved by, ate l l3 v By: Requested b Department of: By: tq /� Approved by the Office of Financial Services 0 Appr y City orb, By: Approve y Mayor for SS to Council By: nl' Y 9 lv Yeas Na s Absent Bostrom Carter Harris Helgen ✓ Lantry Stark Thune Adopted by Council: Date Adoption Certified by Council Secretary By: Approved by, ate l l3 v By: Requested b Department of: By: tq /� Approved by the Office of Financial Services 0 Appr y City orb, By: Approve y Mayor for SS to Council By: nl' Y 9 lv ,0r 1to =0011 M Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Department/Office /Council: Date Initiated: Sl _ Dept. of Safety & Inspections 28 SEP 2010 Green Sheet NO: 3118437 Contact Person & Phone: Department Sent To Person Initial /Date Rachel Tiemev y o Mpt. of Safety & Ius actions 266 -8710 Assign Number 1 hDelDt. of Safe & 1 I De artment Director 2 ity Attorney Citv Attorn Must Be on Council Agenda by (Date): 06- OCT -10 For 3 a or's Office Ma or /Assistant 4 lCounefl City Council Routing 5 Oty Clerk aty Clerk Doc. Type: RESOLUTION Order E- Document Required: Y Document Contact: Julie Kraus Contact Phone: 266 -8776 Total 0 of Signature Pages (Clip All Locations for Signature) Action Requested: Approval of the resolution waiving the 45 -day notice requirement for the Nook located at 492 Hamline Avenue for an extension of the On -Sale Wine and On -Sale Malt (Strong) Liquor Service Area into the lower level beneath the current licensed premises formerly used as the Ram Ham Bowling Lanes at 490 Hamlin Avenue. Recommendations: 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? CIB 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 all yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Highland District Council has agreed to the waiver of the notice requirements and the Council finds that the application is in order and there are no grounds for denial. Advantages If Approved: License approval Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of Transaction: Cost/Revenue Budgeted: Funding Source: Activity Number: Financial Information: (Explain) September 28, 2010 5:01 PM Page 1