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Approving the application with conditions, per the Deputy Legislative Hearing Officer, to add a Liquor Outdoor Service Area (Patio) license to the existing Restaurant (5) - 151 and over, Liquor On Sale - 181-290 Seats, Liquor On Sale - Sunday, Restaurant (D) Add-on (Bar Only), Entertainment (A), and Sidewalk Cafe licenses, for Lexington Hospitality Partners, Inc. (License #20110000059), d/b/a The Lexington at 1096 Grand Avenue.
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WHEREAS, the Deputy Legislative Hearing Officer recommends that the application for The Lexington for a request to add a Liquor Outdoor Service Area (Patio) license to the existing Restaurant (5) - 151 and over, Liquor On Sale - 181-290 Seats, Liquor On Sale - Sunday, Restaurant (D) Add-on (Bar Only), Entertainment (A), and Sidewalk Cafe licenses, be approved with the following conditions:
1. Sidewalk seating area is limited to a maximum of 18 seats.
2. 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.
3. No outdoor food and/or beverage preparation is allowed on a public sidewalk without prior approval and additional licensing from DSI.
4. No liquor sales and/or service is allowed on a public sidewalk without prior approval and additional licensing from DSI.
5. 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.
6. Sunday through Thursday all food and beverage service, including alcohol service, will stop at 9:30 p.m.; the Patio will close and all patrons will vacate the Patio area by 10:00 p.m.
7. Friday and Saturday all food and beverage service, including alcohol service, will stop at 11:30 p.m.; the Patio will close and all patrons will vacate the Patio area by 12:00 a.m.
8. Licensee will offer food service during Patio hours.
9. Licensee will retain an acoustic engineer to perform a noise impact analysis and follow all recommendation for mitigation of noise impacts in compliance with state and local rules and regulations.
10. Licensee will install signs at its rear entrance reminding patrons that the restaurant is located in a residential area.
11. The Liquor-Outdoor Service Area (Patio) licenses will not be issued until the City approves a building certificate of occupancy for the patio area.
THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application with the aforementioned agreed-upon conditions.
The Conditions Affidavit was signed and submitted on February 28, 2013.