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Waiving the 45-day notice requirement to upgrade the existing Wine On Sale and Malt On Sale (Strong) licenses to a Liquor On Sale-100 Seats or less and a Liquor On Sale - Sunday license, and to add an Entertainment A license, for Coaster Dreams, LLC, d/b/a Ngon Vietnamese Bistro (License ID # 20070000508) at 799 University Avenue West.
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WHEREAS, Coaster Dreams, LLC d/b/a Ngon Vietnamese Bistro (License ID #20070000508) applied to upgrade their existing Wine On Sale and Malt On Sale (Strong) licenses to a Liquor On Sale-100 Seats or less and a Liquor On Sale - Sunday license and add an Entertainment A license for the premises located at 799 University Avenue West in Saint Paul; and
WHEREAS, the licensee currently holds a Liquor-Outdoor Service Area (Patio) license; and
WHEREAS, the Department of Safety and Inspections received a letter from the Frogtown Neighborhood Association approving the 45-day waiver and raising no objections to the licensee's request to upgrade to a Liquor On Sale-100 Seats or less, a Liquor On Sale - Sunday and add an Entertainment A license; and
WHEREAS, the Council finds that the application is in order and there are no grounds for denial of the upgrade to a Liquor On Sale-100 Seats or less and a Liquor On Sale - Sunday license and the addition of an Entertainment A license; now, therefore, be it,
RESOLVED, that the upgrade to a Liquor On Sale-100 Seats or less, Liquor On Sale - Sunday and addition of an Entertainment A license are hereby granted to Coaster Dreams, LLC d/b/a Ngon Vietnamese Bistro for the premises located at 799 University Avenue West in Saint Paul with the following conditions:
1. Per Section 409.03 of the City of Saint Paul Legislative Code, a new liquor on-sale license shall only be issued to a restaurant as defined under Chapter 409 of the City Code. Licensee agrees to operate the establishment in compliance with the definition of a restaurant as defined under Chapter 409 of the City's Code, acknowledges having been given a copy of this definition, and understands this definition.
2. The sale/service/delivery of food, wine, and/or beer for the patio seating area is not permitted to take place in the public right-of-way (i.e., sidewalk). All sale/service/delivery shall only take place over private property at 799 University Ave. W.
3. The service/delivery of food and/or beverage items shall only be performed by employees/staff of the establishment. Customer/patrons cannot carry items to or from the patio area.
4. Per BZA parking variance #09-053394, licensee shall provide bike racks or lockers on-site for patron use.
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. Any entertainment must take place inside the building. No entertainment may be provided in the outdoor patio seating area.