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Approving the issuance of an On-Sale Wine license, an On-Sale Malt (Strong) liquor license, a Liquor Outdoor Service Area (Patio) license and waiving the 45-day notice requirement for Colossal Cafe LLC d/b/a Colossal Cafe located at 2315 Como Avenue in Saint Paul.
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WHEREAS, Colossal Cafe LLC d/b/a Colossal Cafe located at 2315 Como Avenue in Saint Paul, has requested a waiver of the 45-day notice requirement for issuance of an On-Sale Wine license, an On-Sale Malt (Strong) liquor license, and a Liquor Outdoor Service Area (Patio) license; and
WHEREAS, in relation to the the Liquor Outdoor Service Area (Patio) license, thirty-eight (38) residential properties are within a 300 foot radius of licensee's proposed patio, and licensee went door-to-door and obtained signatures of consent from seventeen (17) of those properties (45%); and
WHEREAS, licensee was unable to obtain the remaining signatures due to the fact that six (6) residents were out of town for the winter and the rest were not at home or unavailble after two (2) separate visits; and
WHEREAS, the Council finds that these efforts constitute a good faith effort to fulfill all petition requirements, and that the results of the attemtps to obtina signautres showed a generall favorable disposition from the surrounding community toward the proposed licensed activity; and
WHEREAS, the St. Anthony Park Community Council - District 12 passed a resolution in support of all three of licensee's applications; and
WHEREAS, the Council finds that issuance of the licenses with conditions will not interfere with the reasonable use and enjoyment of neighboring property and residences and will not bear adversely on the health, safety, morals and general welfare of the community; and
WHEREAS, the Council finds that the application is in order and that there are no grounds for denial of the licenses and that the failure to issue the waiver and the consequent delay in approving the licenses would cause exceptional and unusual hardship to the license applicant; and
WHEREAS, the notice was provided to neighboring properties within 300 feet and the licensee's proposed patio and no objections have been received in forty-five (45) days; 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 requirement of § 409.06 of the Saint Paul Legislative Code is hereby waived and the On-Sale Wine license, On-Sale Malt (Strong) liquor license, and a Liquor Outdoor Service Area (Patio) licenses are issued to Colossal Cafe LLC d/b/a Colossal Cafe located at 2315 Como Avenue in Saint Paul, subject to the agreement stated above, all preexisting license conditions, and the following license conditions:
SIDEWALK SEATING: APPROVED FOR MAXIMUM 8 SEATS
1. Each year prior to the placement of table(s) and/or chair(s) in the public right-of-way (i.e., sidewalk), the licensee agrees to obtain a new Obstruction Permit from the Department of Public Works. Licensee agrees to maintain the sidewalk café in accordance with the conditions placed on an approved Obstruction Permit, acknowledges that an Obstruction Permit is effective on April 1 and expires on October 31 of each year, that table(s) and/or chair(s) may not be placed in the public right-of-way before or after the effective/expiration dates, and that a failure to comply with this condition will result in adverse action being taken against all of their licenses.
2. No outdoor food and/or beverage preparation is allowed on a public sidewalk without prior approval and additional licensing from DSI.
3. Per City of Saint Paul Legislative Code 409.15(a)(2), On-sale wine license shall mean a license authorizing the sale of wine not exceeding fourteen (14) percent alcohol by volume, for consumption on the licensed premises only in conjunction with the sale and service of food (menu item only). The sale of Malt (Strong) will also take place only in conjunction with the sale and service of food.
4. Per City of Saint Paul Legislative Code 409.15(d), licensee must be able to show that gross receipts are at least sixty (60) percent attributable to the sale of food.
5. Licensee will submit to the Department of Safety and Inspections (DSI) annual gross receipts for food and liquor for each year the license is renewed.