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Waiving the 45-day notice requirement to add Liquor Outdoor Service Area (Sidewalk) and Liquor Outdoor Service Area (Patio) licenses with conditions to Third Way, Inc., d/b/a Groundswell (License ID #20130000597) at 1342 Thomas Avenue.
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WHEREAS, Third Way, Inc. d/b/a Groundswell (License ID #20130000597) applied for a Liquor Outdoor Service Area (Sidewalk) and a Liquor Outdoor Service Area (Patio) license for the premises located at 1342 Thomas Avenue in Saint Paul; and
WHEREAS, the licensee currently has a Malt On-Sale (Strong), a Wine On-Sale and an Entertainment (A) license; and
WHEREAS, the licensee submitted a "Good Faith" letter indicating they were able to obtain thirty-seven (37) out of fifty-nine (59) possible signatures for a sixty-three (63) per cent support of their petition; and
WHEREAS, Hamline Midway Coalition sent a letter to DSI recommending a waiver of the 45-day waiting period to add a Liquor Outdoor Service Area (Sidewalk) and a Liquor-Outdoor Service Area (Patio) license; and
WHEREAS, the Council finds that the application is in order and there are no grounds for denial of Liquor Outdoor Service Area (Sidewalk) and the Liquor Outdoor Service Area (Patio) license; now, therefore, be it,
RESOLVED, a Liquor Outdoor Service Area (Sidewalk) and Liquor Outdoor Service Area (Patio) license are hereby granted to Third Way, Inc. d/b/a Groundswell (License ID #20130000597) for the premises located at 1342 Thomas Avenue in Saint Paul 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 close the establishment and have all customer/patrons vacate the premises by 12:00 a.m. (midnight) each day of the week as per City Zoning Code parking requirements.
5. No liquor sales, service and/or consumption is allowed outside the building without prior written approval and additional licensing from DSI.
6. Per City of Saint Paul Legislative Code 411.02, the definition of Entertainment A is, "Amplified or non-amplified 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.
CONDITION #7 ADDED FOR THE LICENSE EXTENDING LIQUOR SERVICES TO THE PRIVATE PATIO AND PUBLIC SIDEWALK CAFÉ
7. No amplified, non-amplified music or live performances shall be allowed on the patio or public sidewalk café areas.
8. Sidewalk seating approved for a maximum of 23 Seats (as per the Public Works approved sidewalk seating plan on file with DSI).
9. Each year prior to the placement of table(s) and/or chair(s) in the public right-of-way (i.e., sidewalk), the licensee agrees to obtain a new Obstruction Permit from the Department of Public Works. Licensee agrees to maintain the sidewalk café in accordance with the conditions placed on an approved Obstruction Permit, acknowledges that an Obstruction Permit is effective on April 1 and expires on October 31 of each year, that table(s) and/or chair(s) may not be placed in the public right-of-way before or after the effective/expiration dates, and that a failure to comply with this condition will result in adverse action being taken against all of their licenses.