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Approving the application with conditions, per the Deputy Legislative Hearing Officer, for Chris & Rob's St. Paul LLC (License # 20080000717), d/b/a Chris & Rob's Chicago's Taste Authority, to add Liquor Outdoor Service Area (Patio) and Liquor Outdoor Service Area (Sidewalk) licenses to the existing Wine On Sale and Malt On Sale (Strong) licenses at 603 West Seventh Street.
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WHEREAS, Chris & Rob's St. Paul LLC (License # 20080000717), d/b/a Chris & Rob's Chicago's Taste Authority, located at 603 West Seventh Street has applied to add Liquor Outdoor Service Area (Patio) and Liquor Outdoor Service Area (Sidewalk) licenses to the existing Wine On Sale and Malt On Sale (Strong) licenses; and
WHEREAS, thirty-one (31) residential properties are within a 300-foot radius of licensee’s proposed Liquor Outdoor Service Area (Patio) and Liquor Outdoor Service Area (Sidewalk) licenses, and licensee must seek consent of neighboring residential properties and obtain ninety percent (90%) approval or, in the lesser case, sixty percent (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 ninety percent (90%) consent or, in the lesser case, sixty percent (60%) or more; and
WHEREAS, licensee, per City of Saint Paul Legislative Code 409.06(g) (2) (c), was able to receive positive consent from thirty-nine percent (39%) of residential owners, including support from the West Seventh/Fort Road Federation; and
WHEREAS, the Council finds that these 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; and
WHEREAS, the Council finds that issuance of the license will not interfere with the reasonable use and enjoyment of neighboring property and residences and will not bear adversely on the health, safety, morals and general welfare of the community; and
WHEREAS, the Deputy Legislative Hearing Officer recommends that the application for Chris & Rob's St. Paul LLC (License # 20080000717), d/b/a Chris & Rob's Chicago's Taste Authority, to add Liquor Outdoor Service Area (Patio) and Liquor Outdoor Service Area (Sidewalk) licenses to the existing Wine On Sale and Malt On Sale (Strong) licenses be approved with the following conditions:
Existing license 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.
Recommended additional license conditions:
4. Each year prior to the placement of table(s) and/or chair(s) outdoors the licensee agrees to obtain a new Obstruction Permit from the Department of Public Works. Licensee agrees to limit the types of items placed in the public right-of-way to only those approved by Public Works, maintain their location in accordance with the approved plan and 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, and that items may not be placed in the public right-of-way before or after the effective/expiration dates.
5. Licensee agrees to limit the placement of seating to the area shown on the approved seating plan on file with DSI.
6. Licensee agrees to take appropriate action(s) to ensure that the sale, display, and/or consumption of alcoholic beverages is contained within the approved liquor service area on file with DSI. And, that the conveyance of alcoholic beverages is in accordance with the approved service route.
7. Licensee agrees to take appropriate action(s) to ensure that the sale, display, and/or consumption of alcoholic beverages is only by those customers/patrons that are of legal age.
8. Licensee acknowledges that a failure to remain in compliance with these license conditions will result in adverse action being taken against all of their licenses.
THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application with the aforementioned agreed-upon conditions.
The Conditions Affidavit was signed and submitted on April 17, 2019.