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Approving the application with conditions, per the Deputy Legislative Hearing Officer, for Stone Saloon SBC (License ID #20170000652), d/b/a Waldmann, to add a Liquor Outdoor Service Area (Patio) license to the existing Malt On Sale (Brewery Taproom), Liquor On Sale (Sunday), Entertainment (A), and Malt Off Sale (Brewery) licenses at 445 Smith Avenue North.
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WHEREAS, Stone Saloon SBC (License ID #20170000652), d/b/a Waldmann, is applying for a Liquor Outdoor Service Area (Patio) license; and
WHEREAS, fifty (50) residential owners are within a 300-foot radius of licensee's proposed license to add a Liquor Outdoor Service Area (Patio) license to the existing licenses and licensee must seek consent of neighboring residential properties and demonstrate that s/he were able to obtain 90% approval or, in the lesser case, 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 90 percent (90%) consent but did obtain sixty percent (60%) or more consent; and
WHEREAS, licensee, per City of Saint Paul Legislative Code 409.06(g) (2) (c), was able to receive positive consent from thirty (30) out of fifty (50) residential owners for sixty percent (60%) of support, including support with conditions from West 7th/Fort Road Federation per RES 18-833 where the district council waive the 45-day notification, and City Council voted to approve Stone Saloon SBC’s Liquor Outdoor Service Area (Patio) license with the following conditions to its existing licenses:
1. Maintain the required 6 off-street parking spaces at all times (currently located at 444 W. 7th Street) and proof of the existence of the required parking must be provided to the city upon request.
2. 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.
3. Any outdoor activities related to the outdoor seating area on private property shall comply with applicable State and Local rules and regulations, including but not limited to Chapter 293 Noise Regulations of the City of Saint Paul Legislative Code.
WHEREAS, after conducting the hearing and considering oral and written testimonies, the Deputy Legislative Hearing Officer recommends that the application for Stone Saloon SBC (License ID #20170000652), d/b/a Waldmann, be approved with no changes to the conditions; and
WHEREAS, the Council finds that Stone Saloon SBC’s 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; now, therefore be it
RESOLVED that the Council of the City of Saint Paul hereby approves this license application with the aforementioned mutually agreed-upon conditions.
The Conditions Affidavit was signed and submitted on May 7, 2018.