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Council File # �_��
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� ° ' °�- �' ; Ordinance #
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Green Sheet # � c5 �
ORDINANCE
CITY OF SAINT PAUL, MIIVNESOTA 31
/Li, •, � I � �
Presented By
Referred To
Committee: Date
An ordinauce enacted pursuantto Section 17.07.1 of the Charter of the
City of Saint Paul and Section 409.20 of the Saint Paul Legislarive Code
by creating a Commercial Development District on
properry with the address 2431 West 7th Street.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1
The Commercial Development District at 2431 West 7th Street, as shown in Exhibit 1-1996, which
is attached to and incorporated by reference, is hereby created as a Commercial Development District
under Section 17.07.1 of the Charter of the City of Saint Paul and under Section 409.20 of the Saint Paul
Legislative Code.
Secfion 2
This ordinance shall be in force and take effect thirty days following its passage, approval, and
publication.
PUR(f.SFIRR
JUN 2 919g6
Requested by Department of:
Adopted by Council: Date
Certi£ied by
By:
Secretary
�
Plannin & Econom�� Develo ment
/
�
By �i
Form Approved by City Attorney
B �.,�L✓ti/�.�, Y— Zz--�6
Approved b ayo ��Da� U/ �a APProved by Mayor for Submission to
Council
B y' BY � �1. K_. ��
a�-�tc.sr '�
DEPqRT T/pFFICEJCOUNCIL DATEINRIATED GREEN SHEET •`O 33106
qS INITiA � - - INRIAVDATE
Q OEPPA'fMENT �IRECfOR � CIN CqUNCII
�k+M QCT'A7TOFiNEY �CENCLEFiK
XUYBEPFOR
M ENDA BY �DATE p��np� � BUDGET DIfiECTOR � FIN. ffi MGL SEflVICE$ Dlq,
OROFA � MpYOR (OR ASSISTANT) � m
TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTED:
Adopt ordinance to finalize council approval of a petirion by Plaza Concepts, Inc. to create a commercial
development distdct on propefiy located at 2431 West 7th Street (public hearing held April 16, 1996).
RECOMMENDATpNS: Approve �A) a Reiect iPo PERSONAL SERVICE CONTRACTS MUST ANSW Ep THE FOLLOW ING �UESTIONS:
� PU�l1NWG CqMMISSION _ CNtI SERVlCE CAt-dsuSSION �- Has this persoNfirm ever worketl u�der a coniract tor this department?
CIB COMMRTEE __ YES NO
� SiAFF _ 2. Has this person/firm ever been a c�ty employee?
YES NO
_ DISTRICi CAUR7 � 3. Does this person/firm possess a skill not normally possessetl by any curtent ciry employee?
SUPPORTS WHICH COUNCIL O&IECTIVE? YES NO
'1 Erzplain all yes answers on separata sheet and attach to green shee[
tCOV�ONnI� 1Jev�0��Q.1/�
INITIATING PROBLEM, ISSUE, OPPOFTUNITY (Who, What, When, Where, Why):
In accordance with the City Charter and Legislative Code, Plaza Concepts, Inc. petitioned the City to be
designated as a"commercial development districY'. The Planning Commission has reviewed the request and
found it to be consistent with the Comprehensive Plan for the City and with zoning. ������
APR 2 2 1996
ADVANTAGESIFAPPROVEO: '� ����P^s
The lessee of the baz and restaurant space vacated by Champps Restaurant will be able to apply for an
intoxicating liquor license.
DISADVANTAGES IFAPPROVED:
� � �� �d
None. ��� � ,', ����
�ISADVANTAGES IF NOTAPPROVED:
The lessee of the baz and restaurant will not be able to use the space vacated by the old Champps Restaurant
as planned.
TOTAI AMOUNT OFTFiANSACTION E COST/REVENUE BUDGETED (CIRCLE ONE) VES NO
FUlIDiWG SOURCE ACTIVITY NUMBER
FINANCIAI INFORMATION: (EXPLAIN)
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C�Y �F" .S�T PA�. 390 City Hall Zelephone: 612-266-8510
Norm Caleman, Mayor IS West Kellogg Bw/evard Facsimile: 672-228-85I3
Sa"nmtPaub MN55702
April 17, 1996
Council President Thune and Members of the City Council
390 City Hall
15 West Keilogg Boulevazd
Saint Paul, Mimiesota 55102
RE: CONID�RCIAL DEVELOPMENT DISTRICT AT 2431 WEST TTH STREET
(FORMERLY CIIAMPPS BAR AND RESTAURANT)
Dear Council President Thune and Members of the City Council:
Enclosed is the petition of Plaza Concepts, Inc. for a"commercial development district"
at 2431 West 7th Street and the P12miiug Commission's recommendafion on the
petition. Since all seven of the liquar licenses available in Ward 3 are taken, the only
ways for the applicant to obtain an intoxicating liquor license for the space vacated by
Champps restaurant aze either to wait for a license to become auailable or to haue the
properry designated a"commercial development districY'.
Before the City Council acts on a petition for a"commercial development districY', the
proposal must be reviewed by the Planning Commission for conformance with the
Comprehensive Plan and zoning. At its meeting on March 22, 1996 the Planning
Commission voted to support the petition to designate the property a"commercial
development district."
I agree with the Planning Commission's conclusions and support the commercial
development disirict. I have consistently supported business development and
regulations which encourage economic opportunity in the City of Saint Paul. If you
have any questions, please ca11 Kady Dadlez of PED at 266-6582.
Sincerely,
Norm�oleman
Mayor
Enclosure
cc: Ken Ford
Fred Owusu
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city of saint paul
planning commission resolution
fi{e number 96-12
�t(? March 22, 1996
COMNIERCIAL DEVELOPMENT DISTRICT: 2431 WEST 7TH STREET
WHEREAS, Plaza Concepts, Inc., lessee of a restaurant-bar on property located at 2431
West 7th Street, has petitioned the Ciry to establish a commercial development district so that
an intoxicating liquor license can be issued; and
WHEREAS, a commercial development district for the purposes of this review is a district
pursuant to the City Charter, Section 17.17.1, where additionai intoxicating liquor licenses
can be granted beyond the limit otherwise permitted in City Council districts; and
WHEREAS, the Planning Division has determined that Plaza Concepts, Inc.'s petition is
sufficient (15 parcels eligibie, 10 parcels needed, and ii parcels signed); and
WHEREAS, the Planning Commission reviewed the proposed commercial development
district against the Land Use Plan, the Economic Development Strategy, the District 15 Plan,
and the zoning of the area;
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission advises the Mayor
and the City Council that the petition of Plaza Concepts, Inc. to establish a commercial
development disuict solely for the properry at 2431 Wesi 7th Street is consistent with the
comprehensive plan and with zoning for the City.
moved by Carter
seconded by Mazdell
in favor 15
arya��t 1 (Schwichtenberg)
�..
PLAl\'NI\G CO�IMISSIOV OF SAItiT PAUL
City Hall Conference Center
1� �Vest Kellogg Boulevard
Saint Paul, Minnesota 55102
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A meetin� of the Planning Commission of the City of Saint Paul rvas held Fridac, ylarch 22, 1996, at
830 a.m. in the Conference Center of City Hall.
Commissioners Mmes. Belair, Carter, Faricy, Geisser, Lund-Johnson, Maddox, Morton,
Present: Treichef and Wencl and Messrs. Chavez, Field .Tr., Gordon, Gumey, Kramer,
Lee, Mardell, McDonetl, Riehle, Schwichtenberg, Sharpe and Vaught.
Commissioners Mmes. *Faricy, *Geisser and *Lund-Johnson and Messrs. YGurney and
Absent: *Riehle
*Excused
Also Present: Ken Ford, Planning Administrator, 7ean Birkholz, Kady Dadlez, Roger Ryan,
and Larry Soderholm of the Pfanning Staff.
I. Approval of Minutes of March 8, 1996
II.
�.
Chair's Announcements
Chair McDonell provided the steering committee report:
- Retreat/Friday meeting will be covered under Old Business.
- Term limits on officers and committee chairs was discussed. Commissioners are urged
to submit their concerns and opinions on the subject before the nest steering committee
meeting, Friday, April 26 at 7:45 a.m.
Neighborhood Planning and Land Use
#96-028 Plaza Concepts. Inc. - Commercial development district to allo�v the property at
2431 West 7th Street to be eligible for an additional intosicating liquor license.
Ms. Dadlez added that District IS Hishland Community Council did vote unanimously to
support this commercial development district. Ms. Dadlez announced that a public hearing
is scheduled for the city council to hear the application within the �vard of the request at the
Homecroft Community Recreation Center on April 16, 1996.
Commissioner Vaught said that he is going to support this district. He stated that he does
F�
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not find himself in complete concurrence with the resolve clause and he does not consider
tl�is to be consistent �vith the comprehensive plan or �vith zoning for the city, but he thinks
the planning commission should support it anyway because he continues to think that: 1)
this creation of commercial development districts is a device to avoid what he considers to
be an artificial scheme of apportionment of liquor licenses around the city and is
exceptionally bad public policy and is completely anti-business. It not only imposes on
someone who wishes to get a liquor license to go throu�h the licensure process, which
subjects one to at least one public hearing, but also subjects them to this other process of
the creation of a commercial development district which, in his way of thinking, is
completely artificial and ridiculous; iYs extremely time consuming and delays plans, and
then doesn't even guarantee licensure. He added that the commission has done this three
times before, and three times the planning commission has suggested to the city council that
this is not really proper public policy, that they ought to address this issues in some more
straightfonvard manner, and three times the city council has ignored �vhat the planning
commission has said and have done nothing. He does not think that people who want to do
business in this city should be burdened with this silly process. The issue of whether one
can obtain a liquor license ougfit to be a straightforward one that the ciry council can handle
as part of licensing. Mr. Vaught continued that this seems to be systematic, in his way of
thinking, of an attitude that he believes has become institutionalized within this city
government that if it is not anti-business, it is certainly anti-small businesses. Mr. Vaught
commented that this process is not the only example, but it is the worst example. He
despaired at making people continue to do this, and he cautioned that there is enough room
in Eagan for every business in this city and soon they will all be there unless city
government begins to make itself user friendly, more just.
Commissioner Schwichtenberg stated that he will vote against the motion for essentially the
same reasons as Commissioner Vaught. He added that this type of process really hurts the
credibility of city government. The media might have a hay day with a case such as this if
it were denied. This process would be difficult to explain to a tax paying public. He added
that it suggests an insider-trading type of thing. This type of process is a dinosaur and
needs to be done away with.
Commissioner Field stated that he �vill support this resolution. He added though, that he
has a disdain for this process.
Commissioner Gordon asked that if the commission approved this resolution, did it mean
that a liquor license could be obtained for anywhere in the shoppin� center.
Ms. Dadlez answered that the answer to Commissioner Gordods question is "yes" to the
estent that you can provide the required ofF street parking. However, the off-street parking
requirements for liquor establishments is much more stringent than for a typical retailer.
Commissioner Pield added that the city council still has the right to approve or disapprove a
liquor license at any one of the facilities in that shopping center which is deemed to be a
commercial development district.
Commissioner Treichel commented that the applicant reported to them, althou�h not legally
bindin„ there is a clause in his lease with the landlord that states there can be no more
liquor licenses in that area (to protect his own tur�. She commented also that it is her
understanding that they are at the parking limit, so there can be no more liquor licenses in
3
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that area.
VII. Task Force Reports
Communitv Deveto�ment Aaenda Draft Reaort -(Soderholm}
Commissioner Carter announced the showing of a play that has been adopted by the
community development task force as a part of their activities: next Thursday, March 28, at
7:30 p.m., in the Concordia Colle�e Music Hall on Hamline between Marshall and
Concordia. The play is called The Stand and is written by some Central High School
students who are part of their Repertoire Theater. The play represents community
development from the eyes of young people.
Mr. Soderholm briefly outlined the timetable of the document. He predicted that public
comments will have been assimilated and final recommendations made by the end of 7une,
1996. Mr. Soderhoim noted that this document will be referred to the Neighborhood
Planning and Land Use Committee for consideration during the next six weeks. He urged
the commission to make serious comments about the document and ho�v �vork to�vard these
recommended actions can proceed in the planning commission's role in 1996 and 1997. He
highlighted the executive summary section of the document to get a feel for the contents.
Mc Soderholm particularly emphasized those actions which mi�t be of significant interest
to the planning commission and those in which they may be able to play a leadership role.
He also noted that many of the recommendations within the document are not desio ed to
be implemented by government, but by foundations, the private sector, the school district,
etc. Mr. Soderholm suggested that the planning commission may choose to play the role of
convener in many of these actions, and in helping to develop strategies to begin to deal with
some of the problems we face today in our city.
Commissioner Carter commented that the work this document mirrors the work done on the
Yoices report done by the planning commission a few years ago. She noted that working
with this document gives the commission the opportuniTy to look again at the question of
what is the work/role of the plar.ning commission.
VIII. Old Business
Commissioner Morton announced that a city tour will be conducted in place of the annual
retreat this year and will be held on Aprit 12, 1996. The commission Fvill meet at Metro
State University. They �vill hold a short business meeting and then lea�'e by bus to tour
iii
Chair McDonell added that the idea of the planning commission addressing where it can fit
into this process and where it can offer leadership is an important consideration for the
Neighborhood Planning/I.and Use Committee. And, given the lack of staff in the planning
division, how does the planning commission make the connection with others.
q � _y �a-
NSIGHBORHOOD COMMITTSE STAFF REPORT
FILB # 96-028
1. APPLICANT: PLAZA CONCEPTS INC. DATS OF HAARING: To be determined
2. CLASSIFICATION: Commercial Development District
3. LOCATION: 2431 West 7th Street (north side between St. Paul & Davem)
4. PLANNING DISTRICT: 15
5. L$GAL D$SCRIPTION: See file
6. PRESENT ZONING: B-2 CODE RPsFERENCE: §17.07.1 &§409.20
7. STAFF SNVSSTIGATION AND REPORT: DATE: 2/26/96 BY: Kady Dadlez
==eocev=ceer-cvee=oeeeeeeo-eee=eseee=eeceee=ecce=vcvvxeee=oeoce=eecoeceeceaee
PIIRPOSE: To designate property at 2431 West 7th Street as a commercial
development district. This wi11 make the applicant eligible to apply for an
additional intoxicating liquor license for the space vacated by the Champps
Restaurant when it moved to a new location in Sibley Plaza earlier this year.
PARCEL SIZE: The triangular shaped property has about 1,170 feet of frontage
on West 7th Street and a total lot area of 324,964 square feet or 7.46 acres.
EXISTING LAND USE: The property is occupied by Sibley Plaza shopping center.
Establishments in Che center include Champps Restaurant, Jubilee Foods, Mill
End Textiles, Yarmo Liquor, Rug Doctor, Radio Shack, and Subway.
REOIIEST
Champps ResCaurant recently relocated within the Sibley Shopping Center to a
newly renovated portion of the building. This move leaves the space vacated
by Champps open for a new restaurant. The owner of Champps plans to establish
a restaurant with a mexican theme and would like to be able to provide a
complete bar with the restaurant. Aowever, Ward 3 is allocated only seven
liquor licenses, and none of them is available. Therefore, the only way for
the applicant to obtain a liquor license is either to wait until one becomes
available or to establish a commercial development district.
Before the City Council creates a commercial development district, it is
required by the License Ordinance of the Legislative Code to consult with the
Planning Commission for advice concerning the proposal's consistency with the
comprehensive plan and zoning ordinance.
AIITHORITY FOR REVIBW
The City Charter, Section 17.07.1, provides for commercial development
districts which are excepted from the cap on intoxicating liquor licenses in
each ward. The City Charter designates nine commercial development districts
and sets basic procedures for the creation of additional districts. It also
provides that the Council may by ordinance adopt additional procedural or
substantive requirements for creating or amending commercial development
districts.
The Saint Paul Legislative Code, Section 409.20(c), provides an additional
requirement that when the City Council considers creating or eacpanding a
district, "..the Planning Commission shall be consulted for advice concerning
the proposals for consistency with the city's comprehensive plan and zoning
ordinances, and the Planning Commission shall report in writing to the City
Council its findings and recommendations."
S
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Zoning File #96-028
Page Two
BACKGROIIND
In April 1991, November 1993, and August 1995, the Planning Commission acted
on petitions for the creation of one-lot commercial development districts at
the Polish American Club, Buca Restaurant, and Over the Rainbow Bar. The same
procedure used for these cases is being followed for the current application
for Plaza Concepts Inc.
The City Charter provisions that limit the number of liquor licenses per ward
cap Ward 3 at seven licenses. This is a disproportionately low number of
licenses, carrying forward the historical licensing pattern.
"COmmercial development district" as used in this application is a term used
in the City Charter in regard to liquor licenses. The term is not defined.
It is not legally tied to HRA powers, tax increment financing, or any other
development programs, although a common sense association was probably
intended. When the Planning Commission recommended approval of commercial
development districts for the Polish American Club, the Buca Site, and Over
the Rainbow bar the Commission's resolutions also questioned whether
establishing single-lot commercial development districts was the best way for
the city to make exceptions to the liquor license caps and stated further that
"commercial development district" should be defined.
FINDINGS
1. A petition for a commercial development district at 2431 West 7th Street
was submitted to Che City by Plaza Concepts Tnc on February 13, 1996
pursuant to Legislative Code Section 409.20. The petition was found
sufficient on the same day by the Planning Division staff (15 parcels
eligible, 10 parcels needed, and 11 parcels signed). A copy of the
petition is attached.
2. The proposed commercial development district is one tax parcel, comprised
of almost 325,000 square feet of area, or 7.5 acres.
3. The proposed commercial development district is consistent with the
District 15 Plan. One of the recommendations of the District 15 Plan
states, "encourage and assist businessmen and business areas to provide a
variety of products and services in well-kept, attractive facilities"
p.l. One of the economic goals of the plan states, "to continue to
upgrade the region's shopping centers so that a wide variety of services
and products are provided", #la p.19.
4. The proposed commercial development district is consistent with the
adopted citywide Land Use Plan, which calls for supporting neighborhood
and mixed use strip areas to maintain their commercial activities
(Commerce, #2 p.l).
5. The proposed commercial development district is consistent with the
Economic Development Strategy adopted in 1990. Major objectives of the
plan deal with retaining and expanding existing businesses in the city
(pages 13 and 14). One policy states, "the City should encourage the
retention and development of neighborhood businesses which are oriented
toward adjacent residential markets. It should also encourage
neighborhood businesses to cultivate unique niches which could draw from
the wider metropolitan and regional markets, as long as doing so is
compatible with the neighborhood scale", #32 p.18. Another policy
states, "The City and Port Authority should support major business center
outside of the downtown if they harmonize with surrounding neighborhoods,
and if they significantly strengthen Saint Paul's position relative to
areas outside of the city", #38, p.19.
�
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Zoning File #96-028
Page Three
The proposed commercial development district is consistent with existing
zoning. The property is zoned B-2, a bar-restaurant is a permitted use
in this zone.
Between 25,000 and 30,000 vehicles travel this busy commercial stretch o£
West 7th Street each day. The existing shopping center and the proposed
commercial development district are appropriate uses for the site. The
proposed commercial development district differs from those previously
reviewed by the Planning Commission in that this is a very large lot and
shopping center, more than seven acres in size, and therefore more in
keeping with the intent of the "district" concept. Previous applications
reviewed by the commission were for relatively small individual lots.
The off-street parking requirement for the proposed bar-restaurant is 72
spaces. The total of£-street parking requirement for the shopping
center, including the proposed bar-restaurant, is 467 spaces and 467
spaces are provided.
DISTRICT COUNCIL RECOMMENDATION: The Highland Area Community Council had not
taken a position on the establishment of the commercial development district
at the time the staff report was drafted.
RECOMP4'sNDAT20N
Based on the findings above, staff recommends the Planning Commission report
to the City Council that the proposed commercial development district is
consistent with the comprehensive plan and zoning ordinance and that the
Planning Commission supports creation of the proposed district.
ADDITTONAL CONSIDERATION
As recommended previously when the Planning Commission approved commercial
development districts, the staff thinks the Planning Commission should propose
two or three alternative methods for the City Council to consider to grant
exceptions to the caps on number of liquor licenses per ward or concentrations
of licenses within one-half mile. This could be an item for the committee to
consider in more detail in the future.
Alterative methods that have been suggested previously range from the
simplistic to the radical. For example, a very simple alternative would be to
change the name of the districts to "restaurant incentive district", which
would more accurately reflect the districts' intent. Another alternative
would be a variance process and guidelines so the Council could in specific
cases make exceptions to the ward caps or concentration standard. A more
radical alternative would be to do away with the ward caps and concentration
standards and just have the citywide cap on total number of liquor licenses.
cc: Councilmember Mike Harris
Ken Ford, Planning Administrator
Kris Schweinler, License Division
Alden Launderville, Plaza Concepts Inc
Wayne Belisle, Plaza Concepts Inc
Gayle Summers, Highland Area Community Council
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APPLICANT
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Name of owner (if different)/� Luaralizvc6�{ ��YH2 ��PiILJ �
Contact person (if different) S�t �i � Phone
PROPERTY
LOCATION
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ADDITIONAL INFORMATION :(attach additional sheets if necessary) G
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APPLICATION FOR A
COMMERCIAL DEVELOPMENT DISTRICT
Department ojPlanning and Economic Development
Zoning Section
II00 Ciry Ha[I Annex
ZS West Fourtl: Street, Saint Paul, MN 55102 266-6589
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*INCLUDE SITE PLAN WITH APPLICATION
applicanYs signatu
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, CONSENT OF ADJOINING PROPERTY O�VNERS
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We, the undersigned, ovmers of the property within 100 feet of _ s� b�� ��0.2e�
and the total con[iguous description of real estate o�vned b�the pet�aoner acknowledge that v:e
have been furnished with a copy of the applica[ion of �i?n �a,t_o.,�{$ ( kG for
a Commercial Development District, where a new liquor license m be ssued, along wi h any
relevan[ site plans, diagrams, or other documentation; and consen[ to the approval of this
application as it �vas explained to us by the applicant of his/her representative.
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DATE PETITION SUBMITTED: �� �� ' {� DATE PETITION RESUBMITTED:
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PURPOSE C�����'�'�����T ��J - �� zoning district boundary ^
FILE # ` �� DATE �' �� 1 � � subject property ��' orth"�
PLNG. DIST.—�_. MAP # � t t 2 0 one family •�^ commercial
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THE UNDERSIGNED OPPOSE THE PLAZA CONCEPTS, INC.'S APPLICATION
TO DESIGNATE THE PROPERTY LOCATED AT 2431 WEST 7TH STREET AS A
COMMERCIAL DEVELOPMENT DISTRICT SO THE APPLICANT CAN APPLY FOR
ADDITIONAL INTOXICATING LIQUOR LICENSE FOR TAE SPACE VACATED BY THE
CHAMPPS RESTAURANT.
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ADDITIONAL INTOXICATING LIQUOR LICENSE FOR THE SPACE VACATED BY THE
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THE UNDERSIGNED OPPOSE THE PLAZA CONCEPTS, INC.'S APPLICATION
TO DESIGNATE THE PROPERTY LOCATED AT 2431 WEST 7TH STREET AS A
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ADDITIONAL INTOXICATING LIQUOR LICENSE FOR THE SPACE VACATED BY THE
CHAMPPS RESTAURANT.
NAME ADDRESS