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Approving the application with conditions, per the Deputy Legislative Hearing Officer, for White Squirrel LLC (License #20200001333), d/b/a The White Squirrel, to add a Liquor-Outdoor Service Area (Patio) license to the existing Liquor On Sale - 100 seats or less, Liquor On Sale - Sunday, Liquor On sale - 2 AM Closing, Entertainment (A), and Cigarette/Tobacco licenses at 974 7th Street West.
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WHEREAS, White Squirrel LLC (License #20200001333), d/b/a The White Squirrel, located at 974 7th Street West, has applied to add a Liquor-Outdoor Service Area (Patio) license to the existing Liquor On Sale - 100 seats or less, Liquor On Sale - Sunday, Liquor On sale - 2 AM Closing, Entertainment (A), and Cigarette/Tobacco licenses; and
WHEREAS, objections to the add a Liquor-Outdoor Service Area (Patio) license to the existing Liquor On Sale - 100 seats or less, Liquor On Sale - Sunday, Liquor On sale - 2 AM Closing, Entertainment (A), and Cigarette/Tobacco licenses were received within the notification period, and a hearing was held on April 19, 2021; and
WHEREAS, fourteen (14) residential properties are within a 300-foot radius of licensee’s proposed Liquor - Outdoor Service Area (Patio) license, and licensee must seek consent of neighboring residential properties and obtain ninety percent (90%) approval or, in the lesser case, sixty percent (60%) or more approval; and
WHEREAS, licensee sought support from a list of private residences provided by the Department of Safety and Inspection by signatures of approval on petitions; and
WHEREAS, licensee was unable to obtain the ninety percent (90%) consent, but did, in the lesser case, obtained sixty percent (60%) or more of support; and
WHEREAS, licensee, per City of Saint Paul Legislative Code 409.06(g) (2) (c), received positive consent from nine (9) residential properties (64%) out of the fourteen (14) residential owners; and
WHEREAS, the Council finds that these efforts constitute a good faith effort to fulfill all petition requirements, and that the results of the attempts to obtain signatures showed a generally favorable disposition from the surrounding community toward the proposed licensed activity; and
WHEREAS, the Council finds that issuance of the license 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, after conducting the hearing and considering the testimony and evidence, the Deputy Legislative Hearing Officer recommends that the application to add a Liquor-Outdoor Service Area (Patio) license to the existing Liquor On Sale - 100 seats or less, Liquor On Sale - Sunday, Liquor On sale - 2 AM Closing, Entertainment (A), and Cigarette/Tobacco licenses for White Squirrel LLC (License # 20200001333), d/b/a The White Squirrel, at 974 7th Street West, be approved with the following conditions:
1. 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.
2. Any noise associated with indoor and/or outdoor activities (e.g., seating area) shall comply with applicable State and Local rules and regulations, including but not limited to Chapter 293 Noise Regulations of the City of Saint Paul Legislative Code.
NOW, 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 March 3, 2021.