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Approving the application with conditions, per the Deputy Legislative Hearing Officer, for a Gas Station, Malt Off Sale, Cigarette/Tobacco, Restaurant (1) - No Seats, and Retail Fd (C) Grocery 1001-3000 sq ft licenses (note: this is for a change in ownership of an existing location), for Northern Tier Retail LLC, doing business as Superamerica #4038 (ID #20100004245) at 390 Maryland Avenue East.
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WHEREAS, the Deputy Legislative Hearing Officer recommends that the application for a Gas Station, Malt Off Sale, Cigarette/Tobacco, Restaurant (1) - No Seats, and Retail Fd (C) Grocery 1001-3000 sq ft licenses, be approved with the following conditions:
2/14/2003 Zoning File No 03-248-877 Approved Conditional Use Permit for an auto convenience market with a parking variance (17 spaces required, 12 requested for a variance of 5 parking spaces), with the following conditions:
1. The applicant shall comply with the exterior site plan requirements of the Department of Safety and Inspections (DSI).
2. The applicant shall contain trash and debris on the site in a dumpster that is covered and properly screened from adjacent residential properties.
3. The applicant shall not install or allow any individual or entity to install an exterior pay phone or vending machines anywhere on the site. The applicant may install an outdoor ice machine and a caged container for propane fuel as shown in the proposed site plan.
4. The applicant shall comply with all legislative codes that regulate outdoor storage and placement of permitted outdoor storage shall be in compliance with the Americans with Disabilities Act (ADA).
The additional conditions to the license are as follows:
5. No outside advertising on the fencing around the property.
6. To the extent practicable clearly identifiable and licensed security will be on duty at a minimum of 2 nights a week at varying times and hours.
7. 3.2 Beer and beer products that are originally packaged with the intent to be sold together in multiples cannot be separated and sold by the individual bottle or can. Only 3.2 beer and beer products that are purchased from a licensed distributor, and are intended to be sold by the individual bottle and/or can, may be sold as an individual bottle and/or can. The sale of wine and/or strong beer is not permitted with a Malt Off Sale license.
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 submitted on February 7, 2011.