08-18-2014 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL AUGUST 18, 2014 neighborhood. Boss indicated that he represents several property owners in the Bryan Avenue area and they are all opposed. Boss noted the parking issue and expressed concern that if Voodoo Live is approved, there will be people parking in the Bryan neighborhood and crossing the railroad tracks to get to and from Voodoo Live and their vehicles. Boss indicated that he is a business -minded individual, but felt this was not the right location for this business. Rose Pinomaki, Round Lake Townhomes, indicated that there are 22 townhome units on the south side of Round Lake directly across from the proposed Voodoo Live location. She indicated that right now the townhomes hear a lot of noise from traffic on Little Canada Road. She pointed out that noise travels well across a lake. Pinomaki indicated that there is too much residential property in the area and Voodoo Live would not be a good mix with the residential uses. Dorn noted that originally Voodoo Live asked the Council to change its liquor code to grant them on on -sale liquor license without the restaurant provision, noting that the City only has an on -sale restaurant liquor license available. Dorn was concerned that Voodoo Live is merely trying to adapt its business model the only liquor license the City has available. McGraw asked how the on -sale restaurant license is overseen ensuring that gross sales consist of 60% food and 40% liquor. The City Attorney reported that many franchise chains have good systems for reporting and noted that sales receipts have food and liquor segregated. Audits of sales typically occur every one to three months. The City Attorney indicated that this oversight is a common practice. McGraw asked what would happen if the sales ratio is not met. The City Attorney reported that a hearing would be held and the situation would need to be corrected or the City could revoke the license. The City Attorney indicated that the City has a tremendous amount of discretion with liquor licenses, and the courts have acknowledged this discretion as long as actions are not arbitrary and capricious. McGraw asked about music events where under 21 people were present, and noted that at the Planning Commission it was noted that the City of St. Paul has required a wall be erected at these events separating under 21 from the 21 years old and over crowd. The City Administrator noted that the City's curfew ordinance would have to be complied with and any people subject to the curfew ordinance would have to be with a parent beyond those hours. McGraw noted that the representatives of the applicants have indicated that people would be carded and those allowed to drink would have to wear wrist bands. 19