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Approving a waiver of the 45-day waiting period in order to issue a Liquor On Sale - 291 or more seats, and a Liquor On Sale -Sunday license for the "City House" located at 258 Mill Street.
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WHEREAS, the City of Saint Paul, through its Department of Parks and Recreation, has applied for a Liquor On Sale - 291 or more seats, and a Liquor On Sale -Sunday license, for the premises located at 258 Mill Street, Saint Paul, Minnesota (“City House”); and
WHEREAS, Saint Paul Legislative Code §409.06(d) requires a 45-day notice period prior to issuance of the licenses, but permits waiver of the notice requirement by affirmative vote of five councilmembers upon the following findings: (1) That the application is in order and there exist no grounds for denial of the license;(2)That the citizens' district council whose geographical area encompasses the proposed licensed premises consents to the waiver; (3)That failure to grant the waiver, with the consequent delay in approving the license, would either cause exceptional and unusual hardship to the license applicant or would cause substantial hardships to the community for which the license is sought; and
WHEREAS, the West Seventh/Fort Road Federation (District 9) sent an electronic mail to the Department of Safety and Inspections consenting to the waiver; and
WHEREAS, the Council finds that the application is in order and there exist no grounds for denial of the license and that failure to grant the waiver, with the consequent delay in approving the license, would cause exceptional hardship to the Department of Parks and Recreation as the City House location is seasonal and the 45 day notice period would effectively prohibit operation of the facility until 2017; now, therefore be it
RESOLVED, that a Liquor On Sale - 291 or more seats, and a Liquor On Sale -Sunday license are hereby granted to the Department of Parks and Recreation for the premises located at 258 Mill Street, Saint Paul, Minnesota, with the following condition:
1) If the Department of Safety and Inspections receives a complaint which would form the basis for adverse action against the licenses prior to the date the public hearing was originally scheduled or would have been scheduled, the Department may order that liquor service be immediately discontinued, waiving all requirements of further notice and hearing, and initiate adverse action.