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Approving the application with conditions, per the Deputy Legislative Hearing Officer, to add an Entertainment B license to the existing Wine On Sale, Malt On Sale (Strong), and Restaurant 5 (151 and over seats) licenses, for Hoa Bien Incorporated (ID#20060000131), d/b/a Hoa Bien, 1105 University Avenue West.
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WHEREAS, Hoa Bien has applied for a class N license to add an Entertainment B license to the existing Wine On Sale, Malt On Sale (Strong), and Restaurant (5) - 151 and over (seats) licenses; and
WHEREAS, licensee must seek consent of neighboring residential properties within a 350 foot radius of licensee's proposed license to add an Entertainment B license to the existing licenses and must demonstrate that s/he were able to 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 or sixty percent (60%) or more approval per City of Saint Paul Legislative Code 411.04 (b) (2); but did obtain fifty-seven percent (57%) positive consent of residential owners, including support from the Hamline Midway Coalition/District Council 11; 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, in response to notification from the Department of Safety and Inspections regarding the license application, the City received one letter and one email from the same individual in opposition to the license application; and
WHEREAS, the objections were related to noise and parking; and
WHEREAS, the same individual who submitted the opposition also testified in opposition to the license at the Legislative Hearing; and
WHEREAS, in response to the concerns raised, the licensee has agreed to take reasonable steps to lessen the possibility that noise generated by any entertainment provided on the premises will disturb the surrounding residential neighborhood; and
WHEREAS, licensee has met the parking requirements for an Entertainment B license but has also secured an agreement with the Vietnamese Center, which is approximately a block away, to use twenty-five (25) spaces for overflow parking; and
WHEREAS, the Deputy Legislative Hearing Officer recommends that the application for Hoa Bien Incorporated to Add an Entertainment B license to the existing Wine On Sale, Malt On Sale (Strong), and Restaurant (5) - 151 and over (seats) licenses be approved with the following conditions:
Existing License Conditions
1. 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) beverages (i.e., beer) will also take place only in conjunction with the sale and service of food.
2. 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.
3. 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
New License Conditions
4. The licensee shall take all reasonable steps to lessen the possibility that noise generated by any entertainment provided on the premises will disturb the surrounding residential neighborhood. Steps could include, but may not be limited to, keeping all doors and/or windows closed whenever entertainment is provided.
5. The licensee shall take all necessary action(s) to ensure that the only alcoholic beverages consumed on the premises are those specified under license condition #1 above. No other alcoholic beverages are permitted on the property, regardless of whether they are or are not provided by the licensee.
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 August 9, 2011.