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Approving the application with conditions, per the Deputy Legislative Hearing Officer, for Dué Foccaceria (License # 20190000396), d/b/a Dué, for Liquor On Sale - 100 Seats or Less, Liquor On Sale - Sunday, and Liquor Outdoor Service Area (Patio) licenses at 475 Fairview Avenue South.
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WHEREAS, Dué Foccaceria (License # 20190000396), d/b/a Dué, located at 475 Fairview Avenue South, has applied for class N licenses for Liquor On Sale - 100 Seats or Less, Liquor On Sale - Sunday, and Liquor Outdoor Service Area (Patio); and
WHEREAS, thirty-seven (37) residential properties are within a 300-foot radius of licensee’s proposed Liquor On Sale - 100 Seats or Less, Liquor On Sale - Sunday, and Liquor Outdoor Service Area (Patio) 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 with district council support; and
WHEREAS, licensee sought support from a list of private residences provided by the Department of Safety and Inspections by signatures of approval on petitions; and
WHEREAS, licensee was unable to obtain the ninety percent (90%) consent but did obtain more than sixty percent (60%) or more consent with district council support; and
WHEREAS, per City of Saint Paul Legislative Code 409.06(g) (2) (c), licensee was able to receive positive consent from seventy-three percent (73%) of residential owners, including support from the Macalester Groveland Community Council; and
WHEREAS, RES 19-417 was adopted on March 13, 2019 where the City Council voted to waive the 45-day notification period and approve Dué's Liquor On Sale - 100 Seats or Less, Liquor On Sale - Sunday, and Liquor Outdoor Service Area (Patio) licenses with the following conditions:
1. Licensee agrees to operate the establishment in compliance with Section 409.02 of the City of Saint Paul Legislative Code as a "Restaurant".
2...
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