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Approving a waiver of the 45-day notice requirement to issue Wine On Sale and Malt On Sale (Strong) licenses with conditions to Bibimbap Inc., d/b/a Bap and Chicken (License ID #20190001319) at 1328 Grand Avenue.
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WHEREAS, Bibimbap Inc. d/b/a Bap and Chicken (License ID #20190001319) applied for a Wine On Sale and Malt On Sale (Strong) License for the premises located at 1328 Grand Avenue; and
WHEREAS, the licensee requested a waiver of the 45-day notification waiting period for approval of the above-mentioned licenses; and
WHEREAS, the Department of Safety and Inspections received a letter from the Macalester Groveland Community Council on June 14, 2019 in support of a waiver of the 45-day notice requirement and approval of the Wine On Sale and Malt On Sale (Strong) Licenses; and
WHEREAS, the Department of Safety and Inspections received no objections to the waiver of the 45-day notice requirement and approval of the Wine On Sale and Malt On Sale (Strong) Licenses; and
WHEREAS, the Council finds that the application is in order and there are no grounds for denial of a waiver of the 45-day notice requirement and approval of the licenses; now, therefore, be it, located at 1328 Grand 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 limit the placement of table(s)/chair(s) on the public sidewalk to the area and number of seats shown on the approved sidewalk seating plan on file with the Department of Public Works.
5. 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
6. No liquor sales and/or service is allowed outdoor on public (i.e., public sidewalk) or private property without prior written approval and additional licensing from DSI.