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Approving the application with conditions, per the Legislative Hearing Officer, for M’ER Produce LLC, d/b/a M’ER Kafe (License ID #20230002035), for Wine On Sale and Malt On Sale (Strong) licenses, located at 1001 Johnson Parkway Suite P6.
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WHEREAS, M’ER Produce LLC, d/b/a M’ER Kafe (License ID #20230002035), located at 1001 Johnson Pkwy Suite P6, has applied for Class N licenses for Wine On Sale and Malt On Sale (Strong); and
WHEREAS, the applicant notified the District 4 Dayton's Bluff Community Council on November 3, 2023, prior to their application; and
WHEREAS, a notification regarding the license application was sent from the Department of Safety and Inspections to the affected neighborhood for the period of December 11 2023, to December 26, 2023; and
WHEREAS, during the notification period, an objection was received which triggered the hearing and a hearing was held on January 22, 2024; and
WHEREAS, the objection was related to safety; and
WHEREAS, in response to the concerns raised, the licensee has agreed to work with the city to comply with the necessary requirements to minimize nuisance activities that would disturb the surrounding residential neighborhood; and
WHEREAS, after conducting the hearing and considering the testimonies and evidence, the Legislative Hearing Officer recommends that the application for M’ER Produce LLC, d/b/a M’ER Produce LLC (License ID #20230002035), located at 1001 Johnson Pkwy Suite P6, be approved with the following 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) will also take place only in conjunction with the sale and service of food.
2. Per City of Saint Paul Legislative Code 409.15(e), 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.
4. Licensee agrees to take appropriate action(s) to ensure that the sale, display, and/or consumption of alcoholic beverages is contained within the defined alcohol service area as per the approved plan on file with the Department of Safety and Inspections (DSI).
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 and finds that the license conditions are reasonable, and the application is in order and there are no grounds to deny the approval of the licenses.
The Conditions Affidavit was signed and submitted on December 9, 2023.