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98-68� � � ORIGINAL Presented By Referred To Council File # �O � �� Y`(\ �'(� e — � �� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # �0'1 3 4, /9 Committee: Date AY��CU..Ol' o. Oi\G'��1r� SVSY12.'(�S\O��S U`T <7 � RESOLVED, that�the Cigazette, Liquor-On Sale, and Restaurant licenses held by Pat McGovern's, Inc. d/b/a Pat McGovern's for the premises located at 225 7"' Street West in Saint Paul� �s ]��e-.1�3�9�� nnP �la� haa '„ s .,. , �.n� ., ,., �x�ea.,o�,a.,� �ow.,..,K� Q � oau based on �the licensee's June 30, 1997 conviction for Gambling, which is based upon illegal gambling acrivity which took place on the licensed premises on or about November 1, 1996. This resolurion and the action of the Council in this matter aze based upon the facts contained in the Notice of Violation letter to the licensee,lie Ramsey County Court Records, the invesfigation report prepared by the Gambling Enforcement Division of the Minnesota Department of Public Safety and such arguments as may have been presented to the Council at the public hearing. The facts were not contested by the licensee. L'ounc:\ her-e: i. Sc�o. Co �� , �h: �C ) �cevs �o\\o�.a: � Y"�.SO`�.� W�� .v�� ♦ Requested by Department of: /�/.� ._�%��/I . :�� / By: AppY By: , cZ�:.n� �v� '3 axt�ou.�:i- E-`� Form Approved by City Attorney By: / � / Approved by Mayor £oz Submission to Council By: Adoption Certified by Council Seoretary Nan�Y anderson Public Heaxing RdlTING OROFIt TOTAL # OF SIGNATURE PAGES � GREEN SHEET No 9� - b8' 60'7�4 u ��*«� u ��- ❑ �,,,� ❑ �„«� ❑ FINMCMLtFRNCFf WC ❑ AMMWLtFkV/ACCT6 ❑ WYORIORAW6illlif) ❑ (CLIP ALL LOCATfONS FOR SfGNATURE) Conceming adverse action against Cigazette, Liquor-On Sale, and Restaurant Licenses heid by Pat McGovern's, 225 7th Street West. PLANNING COMMISSION CIB COMMITTEE CIVIL SERVICE CAMM�SSION OF TRANSACTION SOURCE Hae this persar�rm e�er wniked under a contract farthie tlepartmenl? YES NO Flas thia peBONfirm ever 6een a atY �PbY�4 ' VES NO Ooes Ihis persaJfim� posseas a sltill ilM noimallypwsessetl by anY wrreM dlY emploYee7 YES NO Is mis pe�sorV�irm a targetetl veMa? YES NO CASTIREVENUEBUDOEfED(GRCLEON� ACTIVITY NUMBER YES NO (��M �- . UNCONTESTED LICENSE HEARING Licensee Name: Pat McGovern's, Inc. d/b/a Pat McGovern's Address: 225 7 Street West Council Hearing Date: January 28, 1998 Violations: Gambling November 1, 1996 Presumed Penaity: One Day Suspension of License(s) Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: One (1) Day Suspension of Licenses Attachments: 1. Proposed resotution 2. Notice of Violation 3. License information 4. State of Minnesota Department of Public Safety Investigation Report 5. State of Minnesota information on conviction 6. Certified copies of Ramsey County Court Records -� CITY OF SAINT PAUL� : = - : Narm Cokman, Mayor .. . September 3, 1997 OFFIr- OF THE CITY ATTORNEY Peg BL: ;::iry daomry Civi1 Divirian 400 Ciry HaD - � 13 Wesr KeDogg Blvd Saint Pau; Mmnesom 55102 NOTICS OF VIOLATION Patrick John Boemer Pat McGovern`s, Ir_c. 225 7th Street West SainC Paul, I✓�N 55102 RE: All Licenses held by McGovern's License �: 16366 1 b � �• Telephonr. 612 266-8r Facsuni4: 612 29R5� Pat McGovern's, Inc., d/b/a Pat Dear Mr. Boemer: The Director of the Office of License, Inspections and Environmental Protection (LIEP) will recommend that adverse action be taken against the licenses held by you at the above-named premises. This recommendation is based on the £ollowing information: On Juae 30, 1997, you pled guilty to a misdemeanor charge of gambling, from aa oEfease date of November 1, 1996. The coavictioa is based upoa illegal gambling activity which took place oa the licensed premisea, and coastitutes a violatioa of Saint Paul Legislative Coda §409.08(6). If you do not dispute the above facts, please send me a lettar with a statement to that effect so that the matter can be scheduled before the City Council for a hearing on the appropriate action to take against your license. You will have a chance to appear and make a statement before the Council on your behalf. � The recommendation of the Office of LIEP will be for a one-day suspension, which is the presumptive penalty from the matrix in Saint Paul Legislative Code §a09.26. The Council may impose a fine in lieu of the suspension on a first violation. _ If you wish to dispute the facts, you are entitled to an evidentiary hearing before an administrative law judge. I£ ycsu wish to have such a hearing, please send a letter stating that you are contesting the facts. You will then be sent a notice of hearing � �' - `� with- the date, time and place of the hearing, the: name of the administrative law judge, and an explanation of the procedures. Please let me know in writi.ng no later than Thursday, September 10, 1997 how you wish to praceed. If you have questions about these options, please feel free to contact me at 266-8710 to discuss them. Sincerely, �/ .�.��„�.� Virgi�. Palmsr Assistant City Attorney r cc: Robert iCessler, Director of LIEP Christine Rozek, LIEP ��, 0 ��; q8'•� STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY AFFIDAVIT OF SERVICE BY MAII, 30ANNE G. CLrMENTS, being first duly sworn, deposes and says that on September 4, 1997, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Patrick John Boemer Pat McGovern's, Inc. 225 7th Street West St. Paul, MN. 55102 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 4th day of September, 1997. /�� Notary Public � � RIFA P.1. BOSSARD � � NOTARYFC]LIC-6:1(d�;ESOTA RAN,ScY COUNIY i �'�Y Comm. ExpiRa Jat131.2000 Lic ID ................... STAT ..................... Business Name............ Doing Business As........ Address .................. Zip...................... Exp Date ................. License Name ............. NOSE AREA ................ Bond Policy Number....... Bo nd Company ............. Bond Effective Date...... Bond Expiration Date..... Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. E�;piration Date..... Associated Stock Holder.. D ealer No ................ Tax ................... Worker Comp Exp Date..... Telephone................ 16366. q�-6� AC. . - PAT MCGOVERN'S INC PAT MCGOVERN'S 225 7TH ST W 55102 oz/as/9a CIGARETTE LIQ-OIS SALE-OVER 100 SEATS-B RESTAURANT (B)-MORE THAN 12 SEATS INSPECTOR CHANGE FROM RICH TO DENVER - 1/6/92 11359 150 SEATS 5-5-87 070390 PH ON REQUEST TO EXTEND SERVICE AREA TO THE THIRD BAY (APPROX. 1200 SQ. FT.) TO THE WESTERN P ORTION OF THE BUILDING APP'D C.F. 90-1122 072391 PH ON APPN FOR NEW CLASS B GAMBLING LOCATIO N LICF•I�TSE APP'D C.F. 91-1332 3/2/94 GAMBLING LOCATION REMOVED FROM LICENSE PER RENEWAL NOTICE. 1995-7°s DISC ON LIQ FEE APPLIED TO 2ND 1/2-LAP-LIC 2/15/96 LETTER FROM DIANNE BOEMER RECEIVED W/ RESIGNATION OF JAMES MCGOVERN A'TTACHED--J.MCGOVERN REMOVED AS AN OFFICER--LAP-LIC 4/9/96 CIG CODE ADDED FR/ID# 16948--LAP-LIC 1997-7°s DISC ON LIQ FEE APPLIED TO 2ND 1/2-LAP-LIC GAN NAT'L INS CO CPP9706072 02/04/97 o2/2s/9s PATRICR J BOEMER 4484873 02/O5/95 224-5821 rs�cstiaoz TYPE OF REPORT: Initial Report 96000388 CASE NUMBER n�INNESOTA DEPARTMENT OF PUBLIC SAFETY Gambling Enforcement Division Report of Investigation G2807/G2805 UOC 12/16/96 DATE �f�-`� Ramsey SA Shannon COUNTY OF OCCURRENCE SUBMITTED BY Possession of Gambling Equipment and Opeiating a Gambling Shop OFFENSE CATEGORY SUB7ECT: 1. PATRICK BOEMER - McGovem's Pub; address: 225 West Seventh Street, St. Paul, MN 55101 SI'NOPSIS: On December 14, 1996 a search warrant was executed for McGovern's Pub at 225 West Seventh Street in St. Paul. The seazch wanant was for parlay cazds, all records pertaining to parlay cazds, pazlay card stubs and all records and equipment pertaining to gambling within the establishment. OFFICERS ASSIGNED: MN GED SA Patrick L. Shannon MN GED SA Robert O'Brien MN GED SA John Overland DETAII.S: 1. On Friday, December 13, 1996 at appro�mately 4:05 p.m. the Honorable 7ohn M. Sands signed the attached search warrant for McGovern's Pub and Restaurant in downtown St. Paul. 2. At appro�mately 12:30 a.m. on December 14, 1996, Agents Shannon and Overland entered McGovem's Pub. A few minutes later, three officers in uniform from the St. Paul Police Department, with their supervisor S.I.U. Sergeant Brook Schaub entered the establishment. Agents and officers identified themseives to the woman behind the bar, who stated she was the night manager. Her name was Jeanne ' a�-�Y Page 2 96338r1.doc Ann Shyellowski. I gave her copies of the search warrant and my business card. She stated that Mr. Boemer had ]eft at appro�mately 11:00 p.m, and was not present. She then announced over the loud speaker that they would be closing eazly and everyone should finish their beverages and leave. I then called Patrick Boemer at his residence, telephone number 407-8817. Boemer answered the phone and I identified myself and expiained to him that we had a seuch wanant for his establishment. He asked what it was for and I told him for the parlay cards he is distributing at his bar. He stated it was not a parlay card, but a contest. He said that it did not cost anything to enter and they gave prizes at the end. I asked him about the $200 entry fee and he responded "Who told you that?" I told him there is no sense in carrying on with this conversation but I would appreciate it if he would come down. He stated he has a 10 year old boy home alone and could not leave him. I told him I wauld notify him after we completed the search warrant. 3. A systematic seazch of the dwelling was initiated after the patrons left. All empJoyees were allowed to stay and carry on with their functions. The time was approximately 12:55 a.m.. The following items were seized during the seazch: Item #1. Two computer printouts of the total winsJiosses and total percentages of the parlay bettors. They were taped to the north wall above the cigarette machine. Item #2. A white envelope stating "Pick the Pro's" on the front containing compieted "Pick the Pro" parlay slips. These were found in the drawer behind the bar underneath the cash register. Item #3. One completed "Pick the Pro" parlay slip &om a Mazk and Harry and another 14 biank "Pick the Pro" parlay slips. These were found in the drawer underneath the cash register behind the baz. Item #4. A dice cup nea�t to the fax machine, on the counter, behind the bar. Item #5. "Pick the Pro" week I S statistics neart to the cash register behind the bar. Item #6. Bud Light sign with the point spread of the various professional teams scheduled-for play the following Sunday written on it's mirror. This was found hanging from behind the bar. qy_�� Page 3 96388r1.doc Item #7. The faY machine from behind the bar used to receive the pazlay slips from bettors faxing in their picks. 4. Ms. Shyellowski stated that she has nothing to do with the pazlay slips and I would have to talk to Mr. Boemer. She stated that any people that give them to her or the bar, all she does is put them in the drawer. She was somewhat reluctant to speak with me about this matter. I felt that she did not want to get her boss in any trouble. She then wrote down all the other employees with their phone numbers that were working that evening. S. All items seized were shown to Ms. Shyellowski and I gave her a copy of the Property and Inventory report. She stated, in answer to a question, that all the officers were polite and courteous during the search, not only to her staff, but also to her and her customers. We departed at 1:50 a.m.. 6. I then calied Patrick Boemer at his residence and he stated that he did not want me to come out to speak to him at his residence. We both felt it was too late and that we could talk on Monday moming at my office located at 1600 University Avenue in St. Paul. 7. On Monday, December 16, 1996, I received a message call to Patrick Boemer at his place of employment. I called him back at McGovem's Pub, but he had not arrived there yet. I left a message for him to call me. Later, Mr. Hazold Wingerd, telephone number 223-5665 with an address of 2300 First Star Center, St. Paul, Minnesota 55101, called me and stated he was an attomey for Patrick Boemer. I gave him the circumstances of why we did this search warrant and I was not sure what the charge would be and that would be up to the prosecuting attorney. He asked me once I found out who the prosecutor would be to call him first before any charges were issued. 8. All 7 items seized on the aforementioned search warrant remain in my control and custody until the afternoon of December 16, 1996. At that time, at approximately 2:05 p.m. I gave them to Inventory Custodian SA Thomas Carroll who secured them in the evidence room. 9. Investigation continues. PS:jb 96388r1.doc STATE OF MINNESOTA, COUNTY OF RAMSEY STATE OF MINNESOTA COUNTY OF RAMSEY ) — ) SS. ) APPLICATION 1-1 DISTRICT COURT q�' ro0 APPLICATTON FOR SEARCH WARRAl�t� AND SUPPORTING AFFIDAVTT Special Agent Patrick L. Shannon being first duly swom upon oath, hereby makes application to this Court for a wazrant to search the (premises) hereinafter descsibed, for the property and things hereinafter descn�bed. A�ant Imows the contents of this application and supporiing affidavit, and the statements herein are true of his own lmowledge, save as to such as are herein stated on inforcnation and belie� and as to those, he believes them to be true. Affiant has good reason to believe, and does believe, that the following described properiy and ttungs, to wit: l. Ivfiscellaneous gambling paraphemalia and devices consisting of sports tipboazds, paziay cards and parlay card subs. 2. Wagering paraphernalia and other evidence related to wagering consisting of, but not limited to, betting slips and written wagers, line books and line sheets. 3. U.S. currency, cashier and personal checks, money orders, savings account passbooks, safety deposit box keys, etc. 4. ivfiscellaneous accounting paperwork which tends to show distribution of sports pariay cards and sports betting boards. S. Ivfiscellaneous paperwork which tends to show constructive possession to the above listed articles. are (at the premises) (on the person) descnbed as: Patrick Boemer, 225 West Seventh Street, St. Paui, Nfinnesota. located in the City of St. Paul, County of Ramsey, and State of Muuiesota. This affiant applies for issuance of a search wazrant upon the following grounds: - The properiy above desccibed was used as means of committing a crime. - The possession of the property above-described constitutes a crime. - The properry above-descn'bed is in the possession of a person with intent to use such property as a means of committing a crime. - The property above-descnbed constitutes evidence which tends to show a crime has been committed, or tends to show that a particular person has committed a crime. APPLICATION 1-2 The facts tending to establish the foregoing grounds for issuance of a search warrant are as follows: q��` Your affiant is a licensed peace officer�nd special agent with the Mnnesota Department of Public Safety, GamUling F.nforcement Division. Affiant has the responsi'bility for gambling enforcement within the State of Mnnesota. Yow affiant has received specia]ized gambling training, and has successfully conducted numerous successful numerous gambling investigations in the past. Parlay cards aze a form of illegal gambling and are an illegal lottery as defined in Mnnesota State Statute 609.75 and 609.76 of the IvTinnesota Criminal Code. Paday cards are, in this case, a card in which professional football teams are printed on the card who are playing each other on the following Sunday. You put a check next to the team you think will win. You must win, according to the point spread as indicated in the newspapers and sport section or by professional handicapper tote sheets. A confidential reliable source (CRS) informed your affiant that McGovem's Pub, located 225 West Seventh Street, downtown St. Paul was selling pazlay cards. The source gave your affiant a copy of a pazlay card which could be faaced to McGovem's Pub or handed in at the bar. It is your affianYs unders[anding that to enter this gambling group you must pay an initiation fee of $200. You do not have to pay a.nymore money after that and you can bet on every Sunday of the professional football games through the parlay cards. The CRS stated that Patrick Boemer, the owner and manager of McGovem's Bar was the coordinator of these wagers. A check of the files of the Secretary of State of Mnnesota shows that Patrick McGovem's Pub is registered as a corporarion with CEO as Patrick Boemer. A check with the St. Paul Police who checked their liquor files revealed that the liquor license is held by Patrick 7ohn Boemer of Shoreview, Ivfinnesota, date of birth 7l22/53. In the course of the last five to six weeks, your affiant has conducted surveillance at McGovem's Pub at 225 West Seventh Street, St. Paul, l�nnesota. On one occasion, your affiant witnessed an individual known to him to believed to be Patrick Boemer to pick out of the fax machine a pazlay wager and put it in the top drawer undemeath the faac machine. This is located directly behind the baz. Yow affiant has also noticed that there is a point spread on a Budweiser sign in the middle of the bar for the professional football teams for the following Sunday's. Your a�ant has aLso obseived a pr'sntout of the code names, their standings and how they aze doing in the winlloss so far in the football season. This is attached to a north waq next to the cigarette machine behind where the patrons sit at the bar. Further, your afliant wimessed the CRS place a wager and fax it to McGovem's Bar. Your affiant was also given a McGovem's pick the pro's rules. A copy is attached. It seems that there is an entry fee of $200. The bets ue based on the Wednesday, St. Paul Pioneer Press point spread. It fiuther states that bets must be into McGovern's by the end of closing of business on Friday nights either in person or by faY 224-1020. It states no phone calls. The pick the pro's pazlay card that McGovem's is using has a visitors on the left side in a chronological order. It is on a piece of paper as opposed to a normal parlay card and the dates of the contest are printed on the top of the paper. There is a space where the bettors name, in this case code name, on the card and what week of the wagering on the professional games it pertains to. Paday cards are generally a poor wager simply because the pay off rates are much less than the tzue odds of winning. In addition, the bettor must be correct on their selections in comparison to other bettors wagering at McCrovem's because only the top few win at the end of the season. Your affiant was in 9P'-CY APPLICATION 1-3 McGovem's and counted approximately 95 code names that were wagering on pick the pro's. This again was on the computerized printout on the wall of McGovern's Tavem Parlay cards and parlay card wagering aze a form of illegal gambling as defined in iv�innesota State Statute 609.75 and 609.76 of the Criminal Cocie.-- Therefore, your affiant applies for a search warrant of McGovem's Tavem, located at 225 West Seventh Street, St. Paul, Ivfinnesota because of the sports gambling that is taldng place there conuary to State law. A nighttime search is necessazy to prevent the loss, desduction or removal of the objects ofthe search because: It would be very disruptive to conduct a search of the restaurantJbaz during normal day hours because of the large volume of customers. Further, that all wagers are to be ai the pub by the closing hours the Friday before the pro games on Sunday. Thus conducting the search at closing time would be safer and more evidence will be available to seize. An unannounced entry is necessary (to prevent the loss, destruction or removal of the objects of the search [and} to protect the safety of the peace officers) because: Evidence to be seized may be in the forrn of small pieces of paper, which couid quickly and easily be disposed of by the suspect. Youc affiant Irnows that those individuals involved in illegal gambling activities, often have a prearranged plan for the quick/easy disposal of evidence, once the waming of police presence is given. WHEREFORE, Affiant request a search wazrant be issued, commanding Special Agent Patrick L. Shannon and other officers under his authority and wnunand(a) peace officer(s), of the State of M'uuiesota, (to enter without announcement of authority and purpose) (m the nighttime) to search the hereinbefore described (premises) for the desczibed property and things and to seize said property and things and keep said property and things in custody until the same be dealt with according to law. a✓ i^,✓ / �.r�� Affiatrt Subscn� 6ed and swom to before me this _f7_c�ayof �� , 19 f�. Judge of ( Court SEARCH WARRANT Q�• fel 2_i STATE OF MINNESOTA, COUNTY OF RAMSEY DISTRICT COURT TO: Special Agent Patrick L. Shannon and Special Agent John Overland of the Mnnesota Department of Public Safety, Gambling Enforcement Division and Sergeant Brook Schaub of the St. Paul, Police Departmern and other officers under his authority and command — - (A) PEACE OFFICER(S) OF Tf� STATE OF MINNESOTA WF�REAS, Special Agent Patrick L. Shannon has this day on oath, made application to the said Court applying for issuance of a search warrant to search the following descnbed (premises) (person) : Patcick Boemer, 225 West Seventh Street, St. Paul located in the City of St. Paul, county of Ramsey, STATE OF MINNESOTA for the following described properry and things: , 1. Ivfiscellaneous gambling paraphemalia and devices consisting of sports tipboards, parlay cards and parlay card subs. 2. Wagering paraphemalia and other evidence related to wagering consisting o� but not limited to, betting slips and written wagers, line books and line sheets. 3. U.S. currency, cashier and personal che�ks, money orders, savings account passbooks, safety deposit box keys, etc. 4. Nfiscellaneous accounting paperwork which tends to show distribution of sports parlay cards and sports betting boards. 5. Ivfiscellaneous paperwork which tends to show constructive possession to the above listed articies. WHEREAS, the application and supporting affidavit of Special Agent Patrick L. Shannon (was) (were} duly presented and read by the Court, and being fuliy advisecl in the premises. NOW, TI-IEREFORE, the Court finds that probable cause exists for the issuance of a search warrant upon the following grounds: - The property above described was used as means of wmmitting a crime. - The possession of the properiy above-described constitutes a crime. - The property above-described is in the possession of a person with intent to use such property as a means of comrrutting a crime. - The property above-described constitutes evidence which tends to show a crime has been committed, or tends to show that a particulaz person has committed a crime. The Court further finds that probable cause exists to believe that the above-described property and things (aze) (will be) (at the abwe-described premises) (on the above-described person). T'he Court further finds that a nighttime search is necessary to prevent the loss, destruction, or removal of the objects of said search. 'The Court further finds that entry without announcement of authority or purpose is necessacy (to prevent the loss, destruction, or removal of the objects of said search) (and) (to protect the safety of the peace officers). NOW, TE�REFORE YOU Special Agent Patrick L. Shannon, Special Agern John Overland and Officer Brook Schaub and other officers under your authority and command Tf� PEACE OFFICER(S) AFORESAID, ARE HEREBY COMMANDED TO ENTER WITHOUT ANNOUNCEMENT OF AUTHORITY AND PURPOSE IN TI-IE IVIGHTTIME) TO SEARCH TF� DESCRIBED PREMISES FOR TF� ABOVE-DESCRIBED PROPERTY AND THINGS, AND TO SEIZE SAID PROPERTY AND THINGS AND TO RETAIN 'I'��M IN CUSTQDY SUBJECT TO COURT ORDER AND ACCORDING TO LAW DELIVER CUSTODY OF SAID PROPERTY AND THII3GS TO 'TfIE Nfinnesota Department of T'ublic Avenue, St. Paui, Nfinnesota 55104. Dated � 19 �� : GS 1'l� f: �� NDGE Gambling Enforcement Office, 1 00 University �� COURT i . qU-�� P[CK THE PROS - WEEK �2 EAX t1224-0t20 NOV 97/78 . . � YOt1R TtAME VIS(TOR BALTfMORE SAN FRANCISCO CAROLINA �ST LOUIS CHlCAGO KAt�ISAS CITf CINCINNATi 'BUFFALO �� NEW ENGlANB �JACKSONVILLE �PtT['SBURGH MWMI H�USTON �NEW ORLEANS �qn„qtSTA N.Y. GIAN7'S ARfZOtdA . _N.Y. SETS INDIANAPOLIS _SFATRE DETROIT •TAMPA BAY �SAN D{EGO WASNIIYGTON PHILADELPHIA _MtNAtESOTA OAKLAND _GREEtJ B/�Y . QAUAS �r� McGcivern' u P3 ck tho Prori Scu: nntry 3ee oL $TOO. i p7eY 100 gsmea �ycr t)►� �ntire auauonf �1�Aiaimum of 40 gamns i e maximum af 60 gt,��a by the firut hal! (wc:nk g becauaa n! th� + week) to br eligible for the firat half ra�neya. � � payoute are tbn top threa placea for t}ia fJraL YiAxt and aetwnd �� .f, and top' fivA pl.aCea crvecali. � :ka are hsaed on the line in the 14��3nAX St Pavl Plonaer Yraaai prevent tZe{+, a haif point !a acidnd r� any vven ]Snea. (FOr exemple, Hinnc�aeta is a 3 point fsvoYil�s OVP.T Chic�go, tha line ia chanqed 2�s} �k: muat bc iato Ho(�nvarn'a by alon�e o£ busipeay .m Friday niqhtR, :het in persdn or by fax t224-1620), r3Rpao, c�o phone aallot °�f� -Gp' RECEIPT, INVENTORY AND RETURN 3-1 STATE OF MINNF.SOTA, COUNfY OF R A/�'1 SFY �; s'l n%c'f' COURT _ - RECEIPT, INVENTORY A1VD RETURN - I, ��-� +t� �, S�i �.v,c� �.v in„� QPS- G�� 4. �;��feceived the attached search warrant issued by the Honorable � f+nlc�s , on i 3 �Je � , 19 F� , and have executed it as follows: Pursuant to said warrant, on 14 R�c. , 19 5G , at f�- 3 0 o'clock //- , m., I searched the (premises) (motor vehicle) (person) described in said warrant, and left a true and correct copy of said warrant f�) ��) �at) /h � Go v�ir.v �r f � C f /��s �li vr.a Y 2 Z s GI. 7�� S7`- �is� /� �1 � /� Jvr s o 7�4 I took into custody the properiy and things ,� / 7`tvo ( 2 ) Go/�. � QQ!'c.etcrf-�aca e'( �!/ }�f Z L(./ ji i�Ft � NV-cl o� c G. •• P;c Ic -rJ.� 1 s fle.. ! — T � !E 3 p,vc (� 1 � o n./1 /. f� �r' �P � %c�C 1� /� tfs�i'i!k �(7i. ��n Y y 5`/`/i li.E �/Cn �� O.ve / r� � A-A)( O� 71 %w T/b %�v7� o v+s n e �fbxs ofF r. �' �i c.k Y S/• !JS -� n u. �� Y� ��-� below: (attach and identify additional sheet if necessary) -. 'rra rp/ w �� . Nan �1. Lm.nii Piz a `' 6.v Y � rp /�t' CJ�/�AWGi C �E� �A-S S� �o -�/ L �1 S't" 7' 7�6��J4 _ . Strike when appropriate: 4kft�mccWtf �Lcp�apepml9imyi"mmd�bmeri`h��WYOfucwvnm. � ncw�a�+�s «umyda;a ..a KaMC�„«a�.. t�A- !j i c l� (. t h A-,v �cl r+ � .*�s rm� mur.-� wm e.w. dcR WuytM[L�wrzdthefac[�6*°aR4m`�Y�w+mwaUcmu¢n�uvduc �K YM1� NfRt(� f2{�{ Y b t1i�l0�tlClf {Y1f� I�:IC�O m�IG�NOilim 01 be� �� Y b IhaC� � teLeac tlx0 b!c Nc. Subscribed and sworn o before me this � day of �i , 19�� otary Public County, Minn. My commission expires /- 3f - ��U � CHARLOTTE GABBER7 xoraevrueuc-Aa�n�sor� � DAK07A COUNTY � �'b Comm. Exq�t Jan. 31. �00 �lVI STATE OF MINNESOTA OFFICE MEMORANJ?UM DATE: August 4, 1997 TO: file 9600388 FROM: SA Shannon ' RE: Disposition CC: SgG Brook Schaub S`t. Paul Police Dept. .+�.avw,�, rl+uc ot . - - �,�� - ��- � Aepartmrnt of Public Safery Gambling Enforcemeni Division 30 June 1997 in St Paul City Court Patrick Boemer pled guilty to poss. of Gambliag equip. Amend to a misd. Sentenced to 90 days and $700.00 fine. Stayed. 1 yr. probation S300_00 court cost, and cannot be azzested for similar activity wt 1 yr. CLOSED , �� til��il's �u� . q � - �� S� i�l i C.i1R�li.d: :-ovE -`�iiT�6roi �• :17'�'��i. 1 �� .':%:�i: 'i ��7 i Y`i'{ i :�—• � i9:3.1?fi� _" r 7� � ;_�:; '�'_ `.�: O��JI . �J� � � � '�J• ui{ 7 � � ;L�,^�t: ��'.E;"E"r' F':;�rc«:t: J•1Ht''. C;�tG ��.?S•S� :a::�=_.; ��:. �r"f_'?.` � ��? :ic:?; '�; �i. '�31? ' �:TiiT FiG:.Pi��': l'r'�f�t�:t h:_ 1%�.1�'YUE��I I'..'t�2: E;2:.o:eiEG r.J4'i�1. t� .Wi� i?? .`J�tdf:i� i'�.7.�: .�J�.�S�'Iy�. 'idl� i�Riu:�TiT. !.�c.�c �•T.c:_= LLt:�•'t.: C�i'fEiiS? JE+:-F: 'I i�l;'�/tf:. 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V / :�7: C,4 r�:7 i; �._ � , � r.�ty, %i�ei^r' . �:i.G. ;�'-J�>` � �S-fi'J, i {'tr�_'�..� :;If,� :E� ;�:.�.:. iiv;e+u — % i'ti':: . i'C=�t.:h:' ::ii�[,}i .�n�R' J�J:..:l'`�''T .�.�GEcG C'`7[�„l �1:' '�:r'J':f'�. i�q iir Y:111 i�i�:��i :�L{�.f J'.r��^: -� ¢��:�: _ �i�_ _„�.� EJFi 91 •12 � a$z 0 OFFICE OF THE CITY ATTORNEY PegBirk, CityAttorney �� CITY OF SAINT PAUL Narm Caleman, Mayor December 23, 1997 civil Division 400CiryHd1 IS West Keltogg Blvd SairaPaul Minnesota55102 Telephone: 612 266-8710 Facsimile: 672198-5679 NOTICE OF RE-SCHEDULED COTJNCIL HEARING Patrick John Boemer Pat McGovem's, Inc. 225 7�' Street West Saint Paui, Minnesota 55102 Re: All licenses held by Pat McGovem's, Inc. d/b/a Pat McGovern's for the premises located at 225 7�' Street West in St. Paul; License Number: 16366 Dear Mr. Boemer: The public hearing which had been scheduled for October 22, 1997, has now been re-scheduled to S: 3p -4;-38� p.m., Wednesday, January 28,1998. The hearing will be held in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. This hearing, as you recail, is to deternune the appropriate penalty based upon the uncontested facts contained in the September 3, 1997 Notice of Violation. Enclosed aze copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This revised packet includes the investigative report prepared by the Gambling Enforcement Division of the Minnesota Department of Public Safety. As stated in the previous notice, you will be given an opportunity to make a statement regazding what penalty, if any, will be imposed. The recommendation of the licensing office will be for a one day suspension of your licenses. If you have any questions, please call me at 266-8710. Very truly yours, �� Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Cluistine Rozek, LIEP Betty Moran, Community Organizer, West Seventh/Fort Road Federation, 974 West Seventh St, St. Paul, MI3 55102 � � � ORIGINAL Presented By Referred To Council File # �O � �� Y`(\ �'(� e — � �� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # �0'1 3 4, /9 Committee: Date AY��CU..Ol' o. Oi\G'��1r� SVSY12.'(�S\O��S U`T <7 � RESOLVED, that�the Cigazette, Liquor-On Sale, and Restaurant licenses held by Pat McGovern's, Inc. d/b/a Pat McGovern's for the premises located at 225 7"' Street West in Saint Paul� �s ]��e-.1�3�9�� nnP �la� haa '„ s .,. , �.n� ., ,., �x�ea.,o�,a.,� �ow.,..,K� Q � oau based on �the licensee's June 30, 1997 conviction for Gambling, which is based upon illegal gambling acrivity which took place on the licensed premises on or about November 1, 1996. This resolurion and the action of the Council in this matter aze based upon the facts contained in the Notice of Violation letter to the licensee,lie Ramsey County Court Records, the invesfigation report prepared by the Gambling Enforcement Division of the Minnesota Department of Public Safety and such arguments as may have been presented to the Council at the public hearing. The facts were not contested by the licensee. L'ounc:\ her-e: i. Sc�o. Co �� , �h: �C ) �cevs �o\\o�.a: � Y"�.SO`�.� W�� .v�� ♦ Requested by Department of: /�/.� ._�%��/I . :�� / By: AppY By: , cZ�:.n� �v� '3 axt�ou.�:i- E-`� Form Approved by City Attorney By: / � / Approved by Mayor £oz Submission to Council By: Adoption Certified by Council Seoretary Nan�Y anderson Public Heaxing RdlTING OROFIt TOTAL # OF SIGNATURE PAGES � GREEN SHEET No 9� - b8' 60'7�4 u ��*«� u ��- ❑ �,,,� ❑ �„«� ❑ FINMCMLtFRNCFf WC ❑ AMMWLtFkV/ACCT6 ❑ WYORIORAW6illlif) ❑ (CLIP ALL LOCATfONS FOR SfGNATURE) Conceming adverse action against Cigazette, Liquor-On Sale, and Restaurant Licenses heid by Pat McGovern's, 225 7th Street West. PLANNING COMMISSION CIB COMMITTEE CIVIL SERVICE CAMM�SSION OF TRANSACTION SOURCE Hae this persar�rm e�er wniked under a contract farthie tlepartmenl? YES NO Flas thia peBONfirm ever 6een a atY �PbY�4 ' VES NO Ooes Ihis persaJfim� posseas a sltill ilM noimallypwsessetl by anY wrreM dlY emploYee7 YES NO Is mis pe�sorV�irm a targetetl veMa? YES NO CASTIREVENUEBUDOEfED(GRCLEON� ACTIVITY NUMBER YES NO (��M �- . UNCONTESTED LICENSE HEARING Licensee Name: Pat McGovern's, Inc. d/b/a Pat McGovern's Address: 225 7 Street West Council Hearing Date: January 28, 1998 Violations: Gambling November 1, 1996 Presumed Penaity: One Day Suspension of License(s) Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: One (1) Day Suspension of Licenses Attachments: 1. Proposed resotution 2. Notice of Violation 3. License information 4. State of Minnesota Department of Public Safety Investigation Report 5. State of Minnesota information on conviction 6. Certified copies of Ramsey County Court Records -� CITY OF SAINT PAUL� : = - : Narm Cokman, Mayor .. . September 3, 1997 OFFIr- OF THE CITY ATTORNEY Peg BL: ;::iry daomry Civi1 Divirian 400 Ciry HaD - � 13 Wesr KeDogg Blvd Saint Pau; Mmnesom 55102 NOTICS OF VIOLATION Patrick John Boemer Pat McGovern`s, Ir_c. 225 7th Street West SainC Paul, I✓�N 55102 RE: All Licenses held by McGovern's License �: 16366 1 b � �• Telephonr. 612 266-8r Facsuni4: 612 29R5� Pat McGovern's, Inc., d/b/a Pat Dear Mr. Boemer: The Director of the Office of License, Inspections and Environmental Protection (LIEP) will recommend that adverse action be taken against the licenses held by you at the above-named premises. This recommendation is based on the £ollowing information: On Juae 30, 1997, you pled guilty to a misdemeanor charge of gambling, from aa oEfease date of November 1, 1996. The coavictioa is based upoa illegal gambling activity which took place oa the licensed premisea, and coastitutes a violatioa of Saint Paul Legislative Coda §409.08(6). If you do not dispute the above facts, please send me a lettar with a statement to that effect so that the matter can be scheduled before the City Council for a hearing on the appropriate action to take against your license. You will have a chance to appear and make a statement before the Council on your behalf. � The recommendation of the Office of LIEP will be for a one-day suspension, which is the presumptive penalty from the matrix in Saint Paul Legislative Code §a09.26. The Council may impose a fine in lieu of the suspension on a first violation. _ If you wish to dispute the facts, you are entitled to an evidentiary hearing before an administrative law judge. I£ ycsu wish to have such a hearing, please send a letter stating that you are contesting the facts. You will then be sent a notice of hearing � �' - `� with- the date, time and place of the hearing, the: name of the administrative law judge, and an explanation of the procedures. Please let me know in writi.ng no later than Thursday, September 10, 1997 how you wish to praceed. If you have questions about these options, please feel free to contact me at 266-8710 to discuss them. Sincerely, �/ .�.��„�.� Virgi�. Palmsr Assistant City Attorney r cc: Robert iCessler, Director of LIEP Christine Rozek, LIEP ��, 0 ��; q8'•� STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY AFFIDAVIT OF SERVICE BY MAII, 30ANNE G. CLrMENTS, being first duly sworn, deposes and says that on September 4, 1997, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Patrick John Boemer Pat McGovern's, Inc. 225 7th Street West St. Paul, MN. 55102 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 4th day of September, 1997. /�� Notary Public � � RIFA P.1. BOSSARD � � NOTARYFC]LIC-6:1(d�;ESOTA RAN,ScY COUNIY i �'�Y Comm. ExpiRa Jat131.2000 Lic ID ................... STAT ..................... Business Name............ Doing Business As........ Address .................. Zip...................... Exp Date ................. License Name ............. NOSE AREA ................ Bond Policy Number....... Bo nd Company ............. Bond Effective Date...... Bond Expiration Date..... Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. E�;piration Date..... Associated Stock Holder.. D ealer No ................ Tax ................... Worker Comp Exp Date..... Telephone................ 16366. q�-6� AC. . - PAT MCGOVERN'S INC PAT MCGOVERN'S 225 7TH ST W 55102 oz/as/9a CIGARETTE LIQ-OIS SALE-OVER 100 SEATS-B RESTAURANT (B)-MORE THAN 12 SEATS INSPECTOR CHANGE FROM RICH TO DENVER - 1/6/92 11359 150 SEATS 5-5-87 070390 PH ON REQUEST TO EXTEND SERVICE AREA TO THE THIRD BAY (APPROX. 1200 SQ. FT.) TO THE WESTERN P ORTION OF THE BUILDING APP'D C.F. 90-1122 072391 PH ON APPN FOR NEW CLASS B GAMBLING LOCATIO N LICF•I�TSE APP'D C.F. 91-1332 3/2/94 GAMBLING LOCATION REMOVED FROM LICENSE PER RENEWAL NOTICE. 1995-7°s DISC ON LIQ FEE APPLIED TO 2ND 1/2-LAP-LIC 2/15/96 LETTER FROM DIANNE BOEMER RECEIVED W/ RESIGNATION OF JAMES MCGOVERN A'TTACHED--J.MCGOVERN REMOVED AS AN OFFICER--LAP-LIC 4/9/96 CIG CODE ADDED FR/ID# 16948--LAP-LIC 1997-7°s DISC ON LIQ FEE APPLIED TO 2ND 1/2-LAP-LIC GAN NAT'L INS CO CPP9706072 02/04/97 o2/2s/9s PATRICR J BOEMER 4484873 02/O5/95 224-5821 rs�cstiaoz TYPE OF REPORT: Initial Report 96000388 CASE NUMBER n�INNESOTA DEPARTMENT OF PUBLIC SAFETY Gambling Enforcement Division Report of Investigation G2807/G2805 UOC 12/16/96 DATE �f�-`� Ramsey SA Shannon COUNTY OF OCCURRENCE SUBMITTED BY Possession of Gambling Equipment and Opeiating a Gambling Shop OFFENSE CATEGORY SUB7ECT: 1. PATRICK BOEMER - McGovem's Pub; address: 225 West Seventh Street, St. Paul, MN 55101 SI'NOPSIS: On December 14, 1996 a search warrant was executed for McGovern's Pub at 225 West Seventh Street in St. Paul. The seazch wanant was for parlay cazds, all records pertaining to parlay cazds, pazlay card stubs and all records and equipment pertaining to gambling within the establishment. OFFICERS ASSIGNED: MN GED SA Patrick L. Shannon MN GED SA Robert O'Brien MN GED SA John Overland DETAII.S: 1. On Friday, December 13, 1996 at appro�mately 4:05 p.m. the Honorable 7ohn M. Sands signed the attached search warrant for McGovern's Pub and Restaurant in downtown St. Paul. 2. At appro�mately 12:30 a.m. on December 14, 1996, Agents Shannon and Overland entered McGovem's Pub. A few minutes later, three officers in uniform from the St. Paul Police Department, with their supervisor S.I.U. Sergeant Brook Schaub entered the establishment. Agents and officers identified themseives to the woman behind the bar, who stated she was the night manager. Her name was Jeanne ' a�-�Y Page 2 96338r1.doc Ann Shyellowski. I gave her copies of the search warrant and my business card. She stated that Mr. Boemer had ]eft at appro�mately 11:00 p.m, and was not present. She then announced over the loud speaker that they would be closing eazly and everyone should finish their beverages and leave. I then called Patrick Boemer at his residence, telephone number 407-8817. Boemer answered the phone and I identified myself and expiained to him that we had a seuch wanant for his establishment. He asked what it was for and I told him for the parlay cards he is distributing at his bar. He stated it was not a parlay card, but a contest. He said that it did not cost anything to enter and they gave prizes at the end. I asked him about the $200 entry fee and he responded "Who told you that?" I told him there is no sense in carrying on with this conversation but I would appreciate it if he would come down. He stated he has a 10 year old boy home alone and could not leave him. I told him I wauld notify him after we completed the search warrant. 3. A systematic seazch of the dwelling was initiated after the patrons left. All empJoyees were allowed to stay and carry on with their functions. The time was approximately 12:55 a.m.. The following items were seized during the seazch: Item #1. Two computer printouts of the total winsJiosses and total percentages of the parlay bettors. They were taped to the north wall above the cigarette machine. Item #2. A white envelope stating "Pick the Pro's" on the front containing compieted "Pick the Pro" parlay slips. These were found in the drawer behind the bar underneath the cash register. Item #3. One completed "Pick the Pro" parlay slip &om a Mazk and Harry and another 14 biank "Pick the Pro" parlay slips. These were found in the drawer underneath the cash register behind the baz. Item #4. A dice cup nea�t to the fax machine, on the counter, behind the bar. Item #5. "Pick the Pro" week I S statistics neart to the cash register behind the bar. Item #6. Bud Light sign with the point spread of the various professional teams scheduled-for play the following Sunday written on it's mirror. This was found hanging from behind the bar. qy_�� Page 3 96388r1.doc Item #7. The faY machine from behind the bar used to receive the pazlay slips from bettors faxing in their picks. 4. Ms. Shyellowski stated that she has nothing to do with the pazlay slips and I would have to talk to Mr. Boemer. She stated that any people that give them to her or the bar, all she does is put them in the drawer. She was somewhat reluctant to speak with me about this matter. I felt that she did not want to get her boss in any trouble. She then wrote down all the other employees with their phone numbers that were working that evening. S. All items seized were shown to Ms. Shyellowski and I gave her a copy of the Property and Inventory report. She stated, in answer to a question, that all the officers were polite and courteous during the search, not only to her staff, but also to her and her customers. We departed at 1:50 a.m.. 6. I then calied Patrick Boemer at his residence and he stated that he did not want me to come out to speak to him at his residence. We both felt it was too late and that we could talk on Monday moming at my office located at 1600 University Avenue in St. Paul. 7. On Monday, December 16, 1996, I received a message call to Patrick Boemer at his place of employment. I called him back at McGovem's Pub, but he had not arrived there yet. I left a message for him to call me. Later, Mr. Hazold Wingerd, telephone number 223-5665 with an address of 2300 First Star Center, St. Paul, Minnesota 55101, called me and stated he was an attomey for Patrick Boemer. I gave him the circumstances of why we did this search warrant and I was not sure what the charge would be and that would be up to the prosecuting attorney. He asked me once I found out who the prosecutor would be to call him first before any charges were issued. 8. All 7 items seized on the aforementioned search warrant remain in my control and custody until the afternoon of December 16, 1996. At that time, at approximately 2:05 p.m. I gave them to Inventory Custodian SA Thomas Carroll who secured them in the evidence room. 9. Investigation continues. PS:jb 96388r1.doc STATE OF MINNESOTA, COUNTY OF RAMSEY STATE OF MINNESOTA COUNTY OF RAMSEY ) — ) SS. ) APPLICATION 1-1 DISTRICT COURT q�' ro0 APPLICATTON FOR SEARCH WARRAl�t� AND SUPPORTING AFFIDAVTT Special Agent Patrick L. Shannon being first duly swom upon oath, hereby makes application to this Court for a wazrant to search the (premises) hereinafter descsibed, for the property and things hereinafter descn�bed. A�ant Imows the contents of this application and supporiing affidavit, and the statements herein are true of his own lmowledge, save as to such as are herein stated on inforcnation and belie� and as to those, he believes them to be true. Affiant has good reason to believe, and does believe, that the following described properiy and ttungs, to wit: l. Ivfiscellaneous gambling paraphemalia and devices consisting of sports tipboazds, paziay cards and parlay card subs. 2. Wagering paraphernalia and other evidence related to wagering consisting of, but not limited to, betting slips and written wagers, line books and line sheets. 3. U.S. currency, cashier and personal checks, money orders, savings account passbooks, safety deposit box keys, etc. 4. ivfiscellaneous accounting paperwork which tends to show distribution of sports pariay cards and sports betting boards. S. Ivfiscellaneous paperwork which tends to show constructive possession to the above listed articles. are (at the premises) (on the person) descnbed as: Patrick Boemer, 225 West Seventh Street, St. Paui, Nfinnesota. located in the City of St. Paul, County of Ramsey, and State of Muuiesota. This affiant applies for issuance of a search wazrant upon the following grounds: - The properiy above desccibed was used as means of committing a crime. - The possession of the property above-described constitutes a crime. - The properry above-descn'bed is in the possession of a person with intent to use such property as a means of committing a crime. - The property above-descnbed constitutes evidence which tends to show a crime has been committed, or tends to show that a particular person has committed a crime. APPLICATION 1-2 The facts tending to establish the foregoing grounds for issuance of a search warrant are as follows: q��` Your affiant is a licensed peace officer�nd special agent with the Mnnesota Department of Public Safety, GamUling F.nforcement Division. Affiant has the responsi'bility for gambling enforcement within the State of Mnnesota. Yow affiant has received specia]ized gambling training, and has successfully conducted numerous successful numerous gambling investigations in the past. Parlay cards aze a form of illegal gambling and are an illegal lottery as defined in Mnnesota State Statute 609.75 and 609.76 of the IvTinnesota Criminal Code. Paday cards are, in this case, a card in which professional football teams are printed on the card who are playing each other on the following Sunday. You put a check next to the team you think will win. You must win, according to the point spread as indicated in the newspapers and sport section or by professional handicapper tote sheets. A confidential reliable source (CRS) informed your affiant that McGovem's Pub, located 225 West Seventh Street, downtown St. Paul was selling pazlay cards. The source gave your affiant a copy of a pazlay card which could be faaced to McGovem's Pub or handed in at the bar. It is your affianYs unders[anding that to enter this gambling group you must pay an initiation fee of $200. You do not have to pay a.nymore money after that and you can bet on every Sunday of the professional football games through the parlay cards. The CRS stated that Patrick Boemer, the owner and manager of McGovem's Bar was the coordinator of these wagers. A check of the files of the Secretary of State of Mnnesota shows that Patrick McGovem's Pub is registered as a corporarion with CEO as Patrick Boemer. A check with the St. Paul Police who checked their liquor files revealed that the liquor license is held by Patrick 7ohn Boemer of Shoreview, Ivfinnesota, date of birth 7l22/53. In the course of the last five to six weeks, your affiant has conducted surveillance at McGovem's Pub at 225 West Seventh Street, St. Paul, l�nnesota. On one occasion, your affiant witnessed an individual known to him to believed to be Patrick Boemer to pick out of the fax machine a pazlay wager and put it in the top drawer undemeath the faac machine. This is located directly behind the baz. Yow affiant has also noticed that there is a point spread on a Budweiser sign in the middle of the bar for the professional football teams for the following Sunday's. Your a�ant has aLso obseived a pr'sntout of the code names, their standings and how they aze doing in the winlloss so far in the football season. This is attached to a north waq next to the cigarette machine behind where the patrons sit at the bar. Further, your afliant wimessed the CRS place a wager and fax it to McGovem's Bar. Your affiant was also given a McGovem's pick the pro's rules. A copy is attached. It seems that there is an entry fee of $200. The bets ue based on the Wednesday, St. Paul Pioneer Press point spread. It fiuther states that bets must be into McGovern's by the end of closing of business on Friday nights either in person or by faY 224-1020. It states no phone calls. The pick the pro's pazlay card that McGovem's is using has a visitors on the left side in a chronological order. It is on a piece of paper as opposed to a normal parlay card and the dates of the contest are printed on the top of the paper. There is a space where the bettors name, in this case code name, on the card and what week of the wagering on the professional games it pertains to. Paday cards are generally a poor wager simply because the pay off rates are much less than the tzue odds of winning. In addition, the bettor must be correct on their selections in comparison to other bettors wagering at McCrovem's because only the top few win at the end of the season. Your affiant was in 9P'-CY APPLICATION 1-3 McGovem's and counted approximately 95 code names that were wagering on pick the pro's. This again was on the computerized printout on the wall of McGovern's Tavem Parlay cards and parlay card wagering aze a form of illegal gambling as defined in iv�innesota State Statute 609.75 and 609.76 of the Criminal Cocie.-- Therefore, your affiant applies for a search warrant of McGovem's Tavem, located at 225 West Seventh Street, St. Paul, Ivfinnesota because of the sports gambling that is taldng place there conuary to State law. A nighttime search is necessazy to prevent the loss, desduction or removal of the objects ofthe search because: It would be very disruptive to conduct a search of the restaurantJbaz during normal day hours because of the large volume of customers. Further, that all wagers are to be ai the pub by the closing hours the Friday before the pro games on Sunday. Thus conducting the search at closing time would be safer and more evidence will be available to seize. An unannounced entry is necessary (to prevent the loss, destruction or removal of the objects of the search [and} to protect the safety of the peace officers) because: Evidence to be seized may be in the forrn of small pieces of paper, which couid quickly and easily be disposed of by the suspect. Youc affiant Irnows that those individuals involved in illegal gambling activities, often have a prearranged plan for the quick/easy disposal of evidence, once the waming of police presence is given. WHEREFORE, Affiant request a search wazrant be issued, commanding Special Agent Patrick L. Shannon and other officers under his authority and wnunand(a) peace officer(s), of the State of M'uuiesota, (to enter without announcement of authority and purpose) (m the nighttime) to search the hereinbefore described (premises) for the desczibed property and things and to seize said property and things and keep said property and things in custody until the same be dealt with according to law. a✓ i^,✓ / �.r�� Affiatrt Subscn� 6ed and swom to before me this _f7_c�ayof �� , 19 f�. Judge of ( Court SEARCH WARRANT Q�• fel 2_i STATE OF MINNESOTA, COUNTY OF RAMSEY DISTRICT COURT TO: Special Agent Patrick L. Shannon and Special Agent John Overland of the Mnnesota Department of Public Safety, Gambling Enforcement Division and Sergeant Brook Schaub of the St. Paul, Police Departmern and other officers under his authority and command — - (A) PEACE OFFICER(S) OF Tf� STATE OF MINNESOTA WF�REAS, Special Agent Patrick L. Shannon has this day on oath, made application to the said Court applying for issuance of a search warrant to search the following descnbed (premises) (person) : Patcick Boemer, 225 West Seventh Street, St. Paul located in the City of St. Paul, county of Ramsey, STATE OF MINNESOTA for the following described properry and things: , 1. Ivfiscellaneous gambling paraphemalia and devices consisting of sports tipboards, parlay cards and parlay card subs. 2. Wagering paraphemalia and other evidence related to wagering consisting o� but not limited to, betting slips and written wagers, line books and line sheets. 3. U.S. currency, cashier and personal che�ks, money orders, savings account passbooks, safety deposit box keys, etc. 4. Nfiscellaneous accounting paperwork which tends to show distribution of sports parlay cards and sports betting boards. 5. Ivfiscellaneous paperwork which tends to show constructive possession to the above listed articies. WHEREAS, the application and supporting affidavit of Special Agent Patrick L. Shannon (was) (were} duly presented and read by the Court, and being fuliy advisecl in the premises. NOW, TI-IEREFORE, the Court finds that probable cause exists for the issuance of a search warrant upon the following grounds: - The property above described was used as means of wmmitting a crime. - The possession of the properiy above-described constitutes a crime. - The property above-described is in the possession of a person with intent to use such property as a means of comrrutting a crime. - The property above-described constitutes evidence which tends to show a crime has been committed, or tends to show that a particulaz person has committed a crime. The Court further finds that probable cause exists to believe that the above-described property and things (aze) (will be) (at the abwe-described premises) (on the above-described person). T'he Court further finds that a nighttime search is necessary to prevent the loss, destruction, or removal of the objects of said search. 'The Court further finds that entry without announcement of authority or purpose is necessacy (to prevent the loss, destruction, or removal of the objects of said search) (and) (to protect the safety of the peace officers). NOW, TE�REFORE YOU Special Agent Patrick L. Shannon, Special Agern John Overland and Officer Brook Schaub and other officers under your authority and command Tf� PEACE OFFICER(S) AFORESAID, ARE HEREBY COMMANDED TO ENTER WITHOUT ANNOUNCEMENT OF AUTHORITY AND PURPOSE IN TI-IE IVIGHTTIME) TO SEARCH TF� DESCRIBED PREMISES FOR TF� ABOVE-DESCRIBED PROPERTY AND THINGS, AND TO SEIZE SAID PROPERTY AND THINGS AND TO RETAIN 'I'��M IN CUSTQDY SUBJECT TO COURT ORDER AND ACCORDING TO LAW DELIVER CUSTODY OF SAID PROPERTY AND THII3GS TO 'TfIE Nfinnesota Department of T'ublic Avenue, St. Paui, Nfinnesota 55104. Dated � 19 �� : GS 1'l� f: �� NDGE Gambling Enforcement Office, 1 00 University �� COURT i . qU-�� P[CK THE PROS - WEEK �2 EAX t1224-0t20 NOV 97/78 . . � YOt1R TtAME VIS(TOR BALTfMORE SAN FRANCISCO CAROLINA �ST LOUIS CHlCAGO KAt�ISAS CITf CINCINNATi 'BUFFALO �� NEW ENGlANB �JACKSONVILLE �PtT['SBURGH MWMI H�USTON �NEW ORLEANS �qn„qtSTA N.Y. GIAN7'S ARfZOtdA . _N.Y. SETS INDIANAPOLIS _SFATRE DETROIT •TAMPA BAY �SAN D{EGO WASNIIYGTON PHILADELPHIA _MtNAtESOTA OAKLAND _GREEtJ B/�Y . QAUAS �r� McGcivern' u P3 ck tho Prori Scu: nntry 3ee oL $TOO. i p7eY 100 gsmea �ycr t)►� �ntire auauonf �1�Aiaimum of 40 gamns i e maximum af 60 gt,��a by the firut hal! (wc:nk g becauaa n! th� + week) to br eligible for the firat half ra�neya. � � payoute are tbn top threa placea for t}ia fJraL YiAxt and aetwnd �� .f, and top' fivA pl.aCea crvecali. � :ka are hsaed on the line in the 14��3nAX St Pavl Plonaer Yraaai prevent tZe{+, a haif point !a acidnd r� any vven ]Snea. (FOr exemple, Hinnc�aeta is a 3 point fsvoYil�s OVP.T Chic�go, tha line ia chanqed 2�s} �k: muat bc iato Ho(�nvarn'a by alon�e o£ busipeay .m Friday niqhtR, :het in persdn or by fax t224-1620), r3Rpao, c�o phone aallot °�f� -Gp' RECEIPT, INVENTORY AND RETURN 3-1 STATE OF MINNF.SOTA, COUNfY OF R A/�'1 SFY �; s'l n%c'f' COURT _ - RECEIPT, INVENTORY A1VD RETURN - I, ��-� +t� �, S�i �.v,c� �.v in„� QPS- G�� 4. �;��feceived the attached search warrant issued by the Honorable � f+nlc�s , on i 3 �Je � , 19 F� , and have executed it as follows: Pursuant to said warrant, on 14 R�c. , 19 5G , at f�- 3 0 o'clock //- , m., I searched the (premises) (motor vehicle) (person) described in said warrant, and left a true and correct copy of said warrant f�) ��) �at) /h � Go v�ir.v �r f � C f /��s �li vr.a Y 2 Z s GI. 7�� S7`- �is� /� �1 � /� Jvr s o 7�4 I took into custody the properiy and things ,� / 7`tvo ( 2 ) Go/�. � QQ!'c.etcrf-�aca e'( �!/ }�f Z L(./ ji i�Ft � NV-cl o� c G. •• P;c Ic -rJ.� 1 s fle.. ! — T � !E 3 p,vc (� 1 � o n./1 /. f� �r' �P � %c�C 1� /� tfs�i'i!k �(7i. ��n Y y 5`/`/i li.E �/Cn �� O.ve / r� � A-A)( O� 71 %w T/b %�v7� o v+s n e �fbxs ofF r. �' �i c.k Y S/• !JS -� n u. �� Y� ��-� below: (attach and identify additional sheet if necessary) -. 'rra rp/ w �� . Nan �1. Lm.nii Piz a `' 6.v Y � rp /�t' CJ�/�AWGi C �E� �A-S S� �o -�/ L �1 S't" 7' 7�6��J4 _ . Strike when appropriate: 4kft�mccWtf �Lcp�apepml9imyi"mmd�bmeri`h��WYOfucwvnm. � ncw�a�+�s «umyda;a ..a KaMC�„«a�.. t�A- !j i c l� (. t h A-,v �cl r+ � .*�s rm� mur.-� wm e.w. dcR WuytM[L�wrzdthefac[�6*°aR4m`�Y�w+mwaUcmu¢n�uvduc �K YM1� NfRt(� f2{�{ Y b t1i�l0�tlClf {Y1f� I�:IC�O m�IG�NOilim 01 be� �� Y b IhaC� � teLeac tlx0 b!c Nc. Subscribed and sworn o before me this � day of �i , 19�� otary Public County, Minn. My commission expires /- 3f - ��U � CHARLOTTE GABBER7 xoraevrueuc-Aa�n�sor� � DAK07A COUNTY � �'b Comm. Exq�t Jan. 31. �00 �lVI STATE OF MINNESOTA OFFICE MEMORANJ?UM DATE: August 4, 1997 TO: file 9600388 FROM: SA Shannon ' RE: Disposition CC: SgG Brook Schaub S`t. Paul Police Dept. .+�.avw,�, rl+uc ot . - - �,�� - ��- � Aepartmrnt of Public Safery Gambling Enforcemeni Division 30 June 1997 in St Paul City Court Patrick Boemer pled guilty to poss. of Gambliag equip. Amend to a misd. Sentenced to 90 days and $700.00 fine. Stayed. 1 yr. probation S300_00 court cost, and cannot be azzested for similar activity wt 1 yr. CLOSED , �� til��il's �u� . q � - �� S� i�l i C.i1R�li.d: :-ovE -`�iiT�6roi �• :17'�'��i. 1 �� .':%:�i: 'i ��7 i Y`i'{ i :�—• � i9:3.1?fi� _" r 7� � ;_�:; '�'_ `.�: O��JI . �J� � � � '�J• ui{ 7 � � ;L�,^�t: ��'.E;"E"r' F':;�rc«:t: J•1Ht''. C;�tG ��.?S•S� :a::�=_.; ��:. �r"f_'?.` � ��? :ic:?; '�; �i. '�31? ' �:TiiT FiG:.Pi��': l'r'�f�t�:t h:_ 1%�.1�'YUE��I I'..'t�2: E;2:.o:eiEG r.J4'i�1. t� .Wi� i?? .`J�tdf:i� i'�.7.�: .�J�.�S�'Iy�. 'idl� i�Riu:�TiT. !.�c.�c �•T.c:_= LLt:�•'t.: C�i'fEiiS? JE+:-F: 'I i�l;'�/tf:. 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V / :�7: C,4 r�:7 i; �._ � , � r.�ty, %i�ei^r' . �:i.G. ;�'-J�>` � �S-fi'J, i {'tr�_'�..� :;If,� :E� ;�:.�.:. iiv;e+u — % i'ti':: . i'C=�t.:h:' ::ii�[,}i .�n�R' J�J:..:l'`�''T .�.�GEcG C'`7[�„l �1:' '�:r'J':f'�. i�q iir Y:111 i�i�:��i :�L{�.f J'.r��^: -� ¢��:�: _ �i�_ _„�.� EJFi 91 •12 � a$z 0 OFFICE OF THE CITY ATTORNEY PegBirk, CityAttorney �� CITY OF SAINT PAUL Narm Caleman, Mayor December 23, 1997 civil Division 400CiryHd1 IS West Keltogg Blvd SairaPaul Minnesota55102 Telephone: 612 266-8710 Facsimile: 672198-5679 NOTICE OF RE-SCHEDULED COTJNCIL HEARING Patrick John Boemer Pat McGovem's, Inc. 225 7�' Street West Saint Paui, Minnesota 55102 Re: All licenses held by Pat McGovem's, Inc. d/b/a Pat McGovern's for the premises located at 225 7�' Street West in St. Paul; License Number: 16366 Dear Mr. Boemer: The public hearing which had been scheduled for October 22, 1997, has now been re-scheduled to S: 3p -4;-38� p.m., Wednesday, January 28,1998. The hearing will be held in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. This hearing, as you recail, is to deternune the appropriate penalty based upon the uncontested facts contained in the September 3, 1997 Notice of Violation. Enclosed aze copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This revised packet includes the investigative report prepared by the Gambling Enforcement Division of the Minnesota Department of Public Safety. As stated in the previous notice, you will be given an opportunity to make a statement regazding what penalty, if any, will be imposed. The recommendation of the licensing office will be for a one day suspension of your licenses. If you have any questions, please call me at 266-8710. Very truly yours, �� Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Cluistine Rozek, LIEP Betty Moran, Community Organizer, West Seventh/Fort Road Federation, 974 West Seventh St, St. Paul, MI3 55102 � � � ORIGINAL Presented By Referred To Council File # �O � �� Y`(\ �'(� e — � �� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # �0'1 3 4, /9 Committee: Date AY��CU..Ol' o. Oi\G'��1r� SVSY12.'(�S\O��S U`T <7 � RESOLVED, that�the Cigazette, Liquor-On Sale, and Restaurant licenses held by Pat McGovern's, Inc. d/b/a Pat McGovern's for the premises located at 225 7"' Street West in Saint Paul� �s ]��e-.1�3�9�� nnP �la� haa '„ s .,. , �.n� ., ,., �x�ea.,o�,a.,� �ow.,..,K� Q � oau based on �the licensee's June 30, 1997 conviction for Gambling, which is based upon illegal gambling acrivity which took place on the licensed premises on or about November 1, 1996. This resolurion and the action of the Council in this matter aze based upon the facts contained in the Notice of Violation letter to the licensee,lie Ramsey County Court Records, the invesfigation report prepared by the Gambling Enforcement Division of the Minnesota Department of Public Safety and such arguments as may have been presented to the Council at the public hearing. The facts were not contested by the licensee. L'ounc:\ her-e: i. Sc�o. Co �� , �h: �C ) �cevs �o\\o�.a: � Y"�.SO`�.� W�� .v�� ♦ Requested by Department of: /�/.� ._�%��/I . :�� / By: AppY By: , cZ�:.n� �v� '3 axt�ou.�:i- E-`� Form Approved by City Attorney By: / � / Approved by Mayor £oz Submission to Council By: Adoption Certified by Council Seoretary Nan�Y anderson Public Heaxing RdlTING OROFIt TOTAL # OF SIGNATURE PAGES � GREEN SHEET No 9� - b8' 60'7�4 u ��*«� u ��- ❑ �,,,� ❑ �„«� ❑ FINMCMLtFRNCFf WC ❑ AMMWLtFkV/ACCT6 ❑ WYORIORAW6illlif) ❑ (CLIP ALL LOCATfONS FOR SfGNATURE) Conceming adverse action against Cigazette, Liquor-On Sale, and Restaurant Licenses heid by Pat McGovern's, 225 7th Street West. PLANNING COMMISSION CIB COMMITTEE CIVIL SERVICE CAMM�SSION OF TRANSACTION SOURCE Hae this persar�rm e�er wniked under a contract farthie tlepartmenl? YES NO Flas thia peBONfirm ever 6een a atY �PbY�4 ' VES NO Ooes Ihis persaJfim� posseas a sltill ilM noimallypwsessetl by anY wrreM dlY emploYee7 YES NO Is mis pe�sorV�irm a targetetl veMa? YES NO CASTIREVENUEBUDOEfED(GRCLEON� ACTIVITY NUMBER YES NO (��M �- . UNCONTESTED LICENSE HEARING Licensee Name: Pat McGovern's, Inc. d/b/a Pat McGovern's Address: 225 7 Street West Council Hearing Date: January 28, 1998 Violations: Gambling November 1, 1996 Presumed Penaity: One Day Suspension of License(s) Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: One (1) Day Suspension of Licenses Attachments: 1. Proposed resotution 2. Notice of Violation 3. License information 4. State of Minnesota Department of Public Safety Investigation Report 5. State of Minnesota information on conviction 6. Certified copies of Ramsey County Court Records -� CITY OF SAINT PAUL� : = - : Narm Cokman, Mayor .. . September 3, 1997 OFFIr- OF THE CITY ATTORNEY Peg BL: ;::iry daomry Civi1 Divirian 400 Ciry HaD - � 13 Wesr KeDogg Blvd Saint Pau; Mmnesom 55102 NOTICS OF VIOLATION Patrick John Boemer Pat McGovern`s, Ir_c. 225 7th Street West SainC Paul, I✓�N 55102 RE: All Licenses held by McGovern's License �: 16366 1 b � �• Telephonr. 612 266-8r Facsuni4: 612 29R5� Pat McGovern's, Inc., d/b/a Pat Dear Mr. Boemer: The Director of the Office of License, Inspections and Environmental Protection (LIEP) will recommend that adverse action be taken against the licenses held by you at the above-named premises. This recommendation is based on the £ollowing information: On Juae 30, 1997, you pled guilty to a misdemeanor charge of gambling, from aa oEfease date of November 1, 1996. The coavictioa is based upoa illegal gambling activity which took place oa the licensed premisea, and coastitutes a violatioa of Saint Paul Legislative Coda §409.08(6). If you do not dispute the above facts, please send me a lettar with a statement to that effect so that the matter can be scheduled before the City Council for a hearing on the appropriate action to take against your license. You will have a chance to appear and make a statement before the Council on your behalf. � The recommendation of the Office of LIEP will be for a one-day suspension, which is the presumptive penalty from the matrix in Saint Paul Legislative Code §a09.26. The Council may impose a fine in lieu of the suspension on a first violation. _ If you wish to dispute the facts, you are entitled to an evidentiary hearing before an administrative law judge. I£ ycsu wish to have such a hearing, please send a letter stating that you are contesting the facts. You will then be sent a notice of hearing � �' - `� with- the date, time and place of the hearing, the: name of the administrative law judge, and an explanation of the procedures. Please let me know in writi.ng no later than Thursday, September 10, 1997 how you wish to praceed. If you have questions about these options, please feel free to contact me at 266-8710 to discuss them. Sincerely, �/ .�.��„�.� Virgi�. Palmsr Assistant City Attorney r cc: Robert iCessler, Director of LIEP Christine Rozek, LIEP ��, 0 ��; q8'•� STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY AFFIDAVIT OF SERVICE BY MAII, 30ANNE G. CLrMENTS, being first duly sworn, deposes and says that on September 4, 1997, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Patrick John Boemer Pat McGovern's, Inc. 225 7th Street West St. Paul, MN. 55102 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 4th day of September, 1997. /�� Notary Public � � RIFA P.1. BOSSARD � � NOTARYFC]LIC-6:1(d�;ESOTA RAN,ScY COUNIY i �'�Y Comm. ExpiRa Jat131.2000 Lic ID ................... STAT ..................... Business Name............ Doing Business As........ Address .................. Zip...................... Exp Date ................. License Name ............. NOSE AREA ................ Bond Policy Number....... Bo nd Company ............. Bond Effective Date...... Bond Expiration Date..... Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. E�;piration Date..... Associated Stock Holder.. D ealer No ................ Tax ................... Worker Comp Exp Date..... Telephone................ 16366. q�-6� AC. . - PAT MCGOVERN'S INC PAT MCGOVERN'S 225 7TH ST W 55102 oz/as/9a CIGARETTE LIQ-OIS SALE-OVER 100 SEATS-B RESTAURANT (B)-MORE THAN 12 SEATS INSPECTOR CHANGE FROM RICH TO DENVER - 1/6/92 11359 150 SEATS 5-5-87 070390 PH ON REQUEST TO EXTEND SERVICE AREA TO THE THIRD BAY (APPROX. 1200 SQ. FT.) TO THE WESTERN P ORTION OF THE BUILDING APP'D C.F. 90-1122 072391 PH ON APPN FOR NEW CLASS B GAMBLING LOCATIO N LICF•I�TSE APP'D C.F. 91-1332 3/2/94 GAMBLING LOCATION REMOVED FROM LICENSE PER RENEWAL NOTICE. 1995-7°s DISC ON LIQ FEE APPLIED TO 2ND 1/2-LAP-LIC 2/15/96 LETTER FROM DIANNE BOEMER RECEIVED W/ RESIGNATION OF JAMES MCGOVERN A'TTACHED--J.MCGOVERN REMOVED AS AN OFFICER--LAP-LIC 4/9/96 CIG CODE ADDED FR/ID# 16948--LAP-LIC 1997-7°s DISC ON LIQ FEE APPLIED TO 2ND 1/2-LAP-LIC GAN NAT'L INS CO CPP9706072 02/04/97 o2/2s/9s PATRICR J BOEMER 4484873 02/O5/95 224-5821 rs�cstiaoz TYPE OF REPORT: Initial Report 96000388 CASE NUMBER n�INNESOTA DEPARTMENT OF PUBLIC SAFETY Gambling Enforcement Division Report of Investigation G2807/G2805 UOC 12/16/96 DATE �f�-`� Ramsey SA Shannon COUNTY OF OCCURRENCE SUBMITTED BY Possession of Gambling Equipment and Opeiating a Gambling Shop OFFENSE CATEGORY SUB7ECT: 1. PATRICK BOEMER - McGovem's Pub; address: 225 West Seventh Street, St. Paul, MN 55101 SI'NOPSIS: On December 14, 1996 a search warrant was executed for McGovern's Pub at 225 West Seventh Street in St. Paul. The seazch wanant was for parlay cazds, all records pertaining to parlay cazds, pazlay card stubs and all records and equipment pertaining to gambling within the establishment. OFFICERS ASSIGNED: MN GED SA Patrick L. Shannon MN GED SA Robert O'Brien MN GED SA John Overland DETAII.S: 1. On Friday, December 13, 1996 at appro�mately 4:05 p.m. the Honorable 7ohn M. Sands signed the attached search warrant for McGovern's Pub and Restaurant in downtown St. Paul. 2. At appro�mately 12:30 a.m. on December 14, 1996, Agents Shannon and Overland entered McGovem's Pub. A few minutes later, three officers in uniform from the St. Paul Police Department, with their supervisor S.I.U. Sergeant Brook Schaub entered the establishment. Agents and officers identified themseives to the woman behind the bar, who stated she was the night manager. Her name was Jeanne ' a�-�Y Page 2 96338r1.doc Ann Shyellowski. I gave her copies of the search warrant and my business card. She stated that Mr. Boemer had ]eft at appro�mately 11:00 p.m, and was not present. She then announced over the loud speaker that they would be closing eazly and everyone should finish their beverages and leave. I then called Patrick Boemer at his residence, telephone number 407-8817. Boemer answered the phone and I identified myself and expiained to him that we had a seuch wanant for his establishment. He asked what it was for and I told him for the parlay cards he is distributing at his bar. He stated it was not a parlay card, but a contest. He said that it did not cost anything to enter and they gave prizes at the end. I asked him about the $200 entry fee and he responded "Who told you that?" I told him there is no sense in carrying on with this conversation but I would appreciate it if he would come down. He stated he has a 10 year old boy home alone and could not leave him. I told him I wauld notify him after we completed the search warrant. 3. A systematic seazch of the dwelling was initiated after the patrons left. All empJoyees were allowed to stay and carry on with their functions. The time was approximately 12:55 a.m.. The following items were seized during the seazch: Item #1. Two computer printouts of the total winsJiosses and total percentages of the parlay bettors. They were taped to the north wall above the cigarette machine. Item #2. A white envelope stating "Pick the Pro's" on the front containing compieted "Pick the Pro" parlay slips. These were found in the drawer behind the bar underneath the cash register. Item #3. One completed "Pick the Pro" parlay slip &om a Mazk and Harry and another 14 biank "Pick the Pro" parlay slips. These were found in the drawer underneath the cash register behind the baz. Item #4. A dice cup nea�t to the fax machine, on the counter, behind the bar. Item #5. "Pick the Pro" week I S statistics neart to the cash register behind the bar. Item #6. Bud Light sign with the point spread of the various professional teams scheduled-for play the following Sunday written on it's mirror. This was found hanging from behind the bar. qy_�� Page 3 96388r1.doc Item #7. The faY machine from behind the bar used to receive the pazlay slips from bettors faxing in their picks. 4. Ms. Shyellowski stated that she has nothing to do with the pazlay slips and I would have to talk to Mr. Boemer. She stated that any people that give them to her or the bar, all she does is put them in the drawer. She was somewhat reluctant to speak with me about this matter. I felt that she did not want to get her boss in any trouble. She then wrote down all the other employees with their phone numbers that were working that evening. S. All items seized were shown to Ms. Shyellowski and I gave her a copy of the Property and Inventory report. She stated, in answer to a question, that all the officers were polite and courteous during the search, not only to her staff, but also to her and her customers. We departed at 1:50 a.m.. 6. I then calied Patrick Boemer at his residence and he stated that he did not want me to come out to speak to him at his residence. We both felt it was too late and that we could talk on Monday moming at my office located at 1600 University Avenue in St. Paul. 7. On Monday, December 16, 1996, I received a message call to Patrick Boemer at his place of employment. I called him back at McGovem's Pub, but he had not arrived there yet. I left a message for him to call me. Later, Mr. Hazold Wingerd, telephone number 223-5665 with an address of 2300 First Star Center, St. Paul, Minnesota 55101, called me and stated he was an attomey for Patrick Boemer. I gave him the circumstances of why we did this search warrant and I was not sure what the charge would be and that would be up to the prosecuting attorney. He asked me once I found out who the prosecutor would be to call him first before any charges were issued. 8. All 7 items seized on the aforementioned search warrant remain in my control and custody until the afternoon of December 16, 1996. At that time, at approximately 2:05 p.m. I gave them to Inventory Custodian SA Thomas Carroll who secured them in the evidence room. 9. Investigation continues. PS:jb 96388r1.doc STATE OF MINNESOTA, COUNTY OF RAMSEY STATE OF MINNESOTA COUNTY OF RAMSEY ) — ) SS. ) APPLICATION 1-1 DISTRICT COURT q�' ro0 APPLICATTON FOR SEARCH WARRAl�t� AND SUPPORTING AFFIDAVTT Special Agent Patrick L. Shannon being first duly swom upon oath, hereby makes application to this Court for a wazrant to search the (premises) hereinafter descsibed, for the property and things hereinafter descn�bed. A�ant Imows the contents of this application and supporiing affidavit, and the statements herein are true of his own lmowledge, save as to such as are herein stated on inforcnation and belie� and as to those, he believes them to be true. Affiant has good reason to believe, and does believe, that the following described properiy and ttungs, to wit: l. Ivfiscellaneous gambling paraphemalia and devices consisting of sports tipboazds, paziay cards and parlay card subs. 2. Wagering paraphernalia and other evidence related to wagering consisting of, but not limited to, betting slips and written wagers, line books and line sheets. 3. U.S. currency, cashier and personal checks, money orders, savings account passbooks, safety deposit box keys, etc. 4. ivfiscellaneous accounting paperwork which tends to show distribution of sports pariay cards and sports betting boards. S. Ivfiscellaneous paperwork which tends to show constructive possession to the above listed articles. are (at the premises) (on the person) descnbed as: Patrick Boemer, 225 West Seventh Street, St. Paui, Nfinnesota. located in the City of St. Paul, County of Ramsey, and State of Muuiesota. This affiant applies for issuance of a search wazrant upon the following grounds: - The properiy above desccibed was used as means of committing a crime. - The possession of the property above-described constitutes a crime. - The properry above-descn'bed is in the possession of a person with intent to use such property as a means of committing a crime. - The property above-descnbed constitutes evidence which tends to show a crime has been committed, or tends to show that a particular person has committed a crime. APPLICATION 1-2 The facts tending to establish the foregoing grounds for issuance of a search warrant are as follows: q��` Your affiant is a licensed peace officer�nd special agent with the Mnnesota Department of Public Safety, GamUling F.nforcement Division. Affiant has the responsi'bility for gambling enforcement within the State of Mnnesota. Yow affiant has received specia]ized gambling training, and has successfully conducted numerous successful numerous gambling investigations in the past. Parlay cards aze a form of illegal gambling and are an illegal lottery as defined in Mnnesota State Statute 609.75 and 609.76 of the IvTinnesota Criminal Code. Paday cards are, in this case, a card in which professional football teams are printed on the card who are playing each other on the following Sunday. You put a check next to the team you think will win. You must win, according to the point spread as indicated in the newspapers and sport section or by professional handicapper tote sheets. A confidential reliable source (CRS) informed your affiant that McGovem's Pub, located 225 West Seventh Street, downtown St. Paul was selling pazlay cards. The source gave your affiant a copy of a pazlay card which could be faaced to McGovem's Pub or handed in at the bar. It is your affianYs unders[anding that to enter this gambling group you must pay an initiation fee of $200. You do not have to pay a.nymore money after that and you can bet on every Sunday of the professional football games through the parlay cards. The CRS stated that Patrick Boemer, the owner and manager of McGovem's Bar was the coordinator of these wagers. A check of the files of the Secretary of State of Mnnesota shows that Patrick McGovem's Pub is registered as a corporarion with CEO as Patrick Boemer. A check with the St. Paul Police who checked their liquor files revealed that the liquor license is held by Patrick 7ohn Boemer of Shoreview, Ivfinnesota, date of birth 7l22/53. In the course of the last five to six weeks, your affiant has conducted surveillance at McGovem's Pub at 225 West Seventh Street, St. Paul, l�nnesota. On one occasion, your affiant witnessed an individual known to him to believed to be Patrick Boemer to pick out of the fax machine a pazlay wager and put it in the top drawer undemeath the faac machine. This is located directly behind the baz. Yow affiant has also noticed that there is a point spread on a Budweiser sign in the middle of the bar for the professional football teams for the following Sunday's. Your a�ant has aLso obseived a pr'sntout of the code names, their standings and how they aze doing in the winlloss so far in the football season. This is attached to a north waq next to the cigarette machine behind where the patrons sit at the bar. Further, your afliant wimessed the CRS place a wager and fax it to McGovem's Bar. Your affiant was also given a McGovem's pick the pro's rules. A copy is attached. It seems that there is an entry fee of $200. The bets ue based on the Wednesday, St. Paul Pioneer Press point spread. It fiuther states that bets must be into McGovern's by the end of closing of business on Friday nights either in person or by faY 224-1020. It states no phone calls. The pick the pro's pazlay card that McGovem's is using has a visitors on the left side in a chronological order. It is on a piece of paper as opposed to a normal parlay card and the dates of the contest are printed on the top of the paper. There is a space where the bettors name, in this case code name, on the card and what week of the wagering on the professional games it pertains to. Paday cards are generally a poor wager simply because the pay off rates are much less than the tzue odds of winning. In addition, the bettor must be correct on their selections in comparison to other bettors wagering at McCrovem's because only the top few win at the end of the season. Your affiant was in 9P'-CY APPLICATION 1-3 McGovem's and counted approximately 95 code names that were wagering on pick the pro's. This again was on the computerized printout on the wall of McGovern's Tavem Parlay cards and parlay card wagering aze a form of illegal gambling as defined in iv�innesota State Statute 609.75 and 609.76 of the Criminal Cocie.-- Therefore, your affiant applies for a search warrant of McGovem's Tavem, located at 225 West Seventh Street, St. Paul, Ivfinnesota because of the sports gambling that is taldng place there conuary to State law. A nighttime search is necessazy to prevent the loss, desduction or removal of the objects ofthe search because: It would be very disruptive to conduct a search of the restaurantJbaz during normal day hours because of the large volume of customers. Further, that all wagers are to be ai the pub by the closing hours the Friday before the pro games on Sunday. Thus conducting the search at closing time would be safer and more evidence will be available to seize. An unannounced entry is necessary (to prevent the loss, destruction or removal of the objects of the search [and} to protect the safety of the peace officers) because: Evidence to be seized may be in the forrn of small pieces of paper, which couid quickly and easily be disposed of by the suspect. Youc affiant Irnows that those individuals involved in illegal gambling activities, often have a prearranged plan for the quick/easy disposal of evidence, once the waming of police presence is given. WHEREFORE, Affiant request a search wazrant be issued, commanding Special Agent Patrick L. Shannon and other officers under his authority and wnunand(a) peace officer(s), of the State of M'uuiesota, (to enter without announcement of authority and purpose) (m the nighttime) to search the hereinbefore described (premises) for the desczibed property and things and to seize said property and things and keep said property and things in custody until the same be dealt with according to law. a✓ i^,✓ / �.r�� Affiatrt Subscn� 6ed and swom to before me this _f7_c�ayof �� , 19 f�. Judge of ( Court SEARCH WARRANT Q�• fel 2_i STATE OF MINNESOTA, COUNTY OF RAMSEY DISTRICT COURT TO: Special Agent Patrick L. Shannon and Special Agent John Overland of the Mnnesota Department of Public Safety, Gambling Enforcement Division and Sergeant Brook Schaub of the St. Paul, Police Departmern and other officers under his authority and command — - (A) PEACE OFFICER(S) OF Tf� STATE OF MINNESOTA WF�REAS, Special Agent Patrick L. Shannon has this day on oath, made application to the said Court applying for issuance of a search warrant to search the following descnbed (premises) (person) : Patcick Boemer, 225 West Seventh Street, St. Paul located in the City of St. Paul, county of Ramsey, STATE OF MINNESOTA for the following described properry and things: , 1. Ivfiscellaneous gambling paraphemalia and devices consisting of sports tipboards, parlay cards and parlay card subs. 2. Wagering paraphemalia and other evidence related to wagering consisting o� but not limited to, betting slips and written wagers, line books and line sheets. 3. U.S. currency, cashier and personal che�ks, money orders, savings account passbooks, safety deposit box keys, etc. 4. Nfiscellaneous accounting paperwork which tends to show distribution of sports parlay cards and sports betting boards. 5. Ivfiscellaneous paperwork which tends to show constructive possession to the above listed articies. WHEREAS, the application and supporting affidavit of Special Agent Patrick L. Shannon (was) (were} duly presented and read by the Court, and being fuliy advisecl in the premises. NOW, TI-IEREFORE, the Court finds that probable cause exists for the issuance of a search warrant upon the following grounds: - The property above described was used as means of wmmitting a crime. - The possession of the properiy above-described constitutes a crime. - The property above-described is in the possession of a person with intent to use such property as a means of comrrutting a crime. - The property above-described constitutes evidence which tends to show a crime has been committed, or tends to show that a particulaz person has committed a crime. The Court further finds that probable cause exists to believe that the above-described property and things (aze) (will be) (at the abwe-described premises) (on the above-described person). T'he Court further finds that a nighttime search is necessary to prevent the loss, destruction, or removal of the objects of said search. 'The Court further finds that entry without announcement of authority or purpose is necessacy (to prevent the loss, destruction, or removal of the objects of said search) (and) (to protect the safety of the peace officers). NOW, TE�REFORE YOU Special Agent Patrick L. Shannon, Special Agern John Overland and Officer Brook Schaub and other officers under your authority and command Tf� PEACE OFFICER(S) AFORESAID, ARE HEREBY COMMANDED TO ENTER WITHOUT ANNOUNCEMENT OF AUTHORITY AND PURPOSE IN TI-IE IVIGHTTIME) TO SEARCH TF� DESCRIBED PREMISES FOR TF� ABOVE-DESCRIBED PROPERTY AND THINGS, AND TO SEIZE SAID PROPERTY AND THINGS AND TO RETAIN 'I'��M IN CUSTQDY SUBJECT TO COURT ORDER AND ACCORDING TO LAW DELIVER CUSTODY OF SAID PROPERTY AND THII3GS TO 'TfIE Nfinnesota Department of T'ublic Avenue, St. Paui, Nfinnesota 55104. Dated � 19 �� : GS 1'l� f: �� NDGE Gambling Enforcement Office, 1 00 University �� COURT i . qU-�� P[CK THE PROS - WEEK �2 EAX t1224-0t20 NOV 97/78 . . � YOt1R TtAME VIS(TOR BALTfMORE SAN FRANCISCO CAROLINA �ST LOUIS CHlCAGO KAt�ISAS CITf CINCINNATi 'BUFFALO �� NEW ENGlANB �JACKSONVILLE �PtT['SBURGH MWMI H�USTON �NEW ORLEANS �qn„qtSTA N.Y. GIAN7'S ARfZOtdA . _N.Y. SETS INDIANAPOLIS _SFATRE DETROIT •TAMPA BAY �SAN D{EGO WASNIIYGTON PHILADELPHIA _MtNAtESOTA OAKLAND _GREEtJ B/�Y . QAUAS �r� McGcivern' u P3 ck tho Prori Scu: nntry 3ee oL $TOO. i p7eY 100 gsmea �ycr t)►� �ntire auauonf �1�Aiaimum of 40 gamns i e maximum af 60 gt,��a by the firut hal! (wc:nk g becauaa n! th� + week) to br eligible for the firat half ra�neya. � � payoute are tbn top threa placea for t}ia fJraL YiAxt and aetwnd �� .f, and top' fivA pl.aCea crvecali. � :ka are hsaed on the line in the 14��3nAX St Pavl Plonaer Yraaai prevent tZe{+, a haif point !a acidnd r� any vven ]Snea. (FOr exemple, Hinnc�aeta is a 3 point fsvoYil�s OVP.T Chic�go, tha line ia chanqed 2�s} �k: muat bc iato Ho(�nvarn'a by alon�e o£ busipeay .m Friday niqhtR, :het in persdn or by fax t224-1620), r3Rpao, c�o phone aallot °�f� -Gp' RECEIPT, INVENTORY AND RETURN 3-1 STATE OF MINNF.SOTA, COUNfY OF R A/�'1 SFY �; s'l n%c'f' COURT _ - RECEIPT, INVENTORY A1VD RETURN - I, ��-� +t� �, S�i �.v,c� �.v in„� QPS- G�� 4. �;��feceived the attached search warrant issued by the Honorable � f+nlc�s , on i 3 �Je � , 19 F� , and have executed it as follows: Pursuant to said warrant, on 14 R�c. , 19 5G , at f�- 3 0 o'clock //- , m., I searched the (premises) (motor vehicle) (person) described in said warrant, and left a true and correct copy of said warrant f�) ��) �at) /h � Go v�ir.v �r f � C f /��s �li vr.a Y 2 Z s GI. 7�� S7`- �is� /� �1 � /� Jvr s o 7�4 I took into custody the properiy and things ,� / 7`tvo ( 2 ) Go/�. � QQ!'c.etcrf-�aca e'( �!/ }�f Z L(./ ji i�Ft � NV-cl o� c G. •• P;c Ic -rJ.� 1 s fle.. ! — T � !E 3 p,vc (� 1 � o n./1 /. f� �r' �P � %c�C 1� /� tfs�i'i!k �(7i. ��n Y y 5`/`/i li.E �/Cn �� O.ve / r� � A-A)( O� 71 %w T/b %�v7� o v+s n e �fbxs ofF r. �' �i c.k Y S/• !JS -� n u. �� Y� ��-� below: (attach and identify additional sheet if necessary) -. 'rra rp/ w �� . Nan �1. Lm.nii Piz a `' 6.v Y � rp /�t' CJ�/�AWGi C �E� �A-S S� �o -�/ L �1 S't" 7' 7�6��J4 _ . Strike when appropriate: 4kft�mccWtf �Lcp�apepml9imyi"mmd�bmeri`h��WYOfucwvnm. � ncw�a�+�s «umyda;a ..a KaMC�„«a�.. t�A- !j i c l� (. t h A-,v �cl r+ � .*�s rm� mur.-� wm e.w. dcR WuytM[L�wrzdthefac[�6*°aR4m`�Y�w+mwaUcmu¢n�uvduc �K YM1� NfRt(� f2{�{ Y b t1i�l0�tlClf {Y1f� I�:IC�O m�IG�NOilim 01 be� �� Y b IhaC� � teLeac tlx0 b!c Nc. Subscribed and sworn o before me this � day of �i , 19�� otary Public County, Minn. My commission expires /- 3f - ��U � CHARLOTTE GABBER7 xoraevrueuc-Aa�n�sor� � DAK07A COUNTY � �'b Comm. Exq�t Jan. 31. �00 �lVI STATE OF MINNESOTA OFFICE MEMORANJ?UM DATE: August 4, 1997 TO: file 9600388 FROM: SA Shannon ' RE: Disposition CC: SgG Brook Schaub S`t. Paul Police Dept. .+�.avw,�, rl+uc ot . - - �,�� - ��- � Aepartmrnt of Public Safery Gambling Enforcemeni Division 30 June 1997 in St Paul City Court Patrick Boemer pled guilty to poss. of Gambliag equip. Amend to a misd. Sentenced to 90 days and $700.00 fine. Stayed. 1 yr. probation S300_00 court cost, and cannot be azzested for similar activity wt 1 yr. CLOSED , �� til��il's �u� . q � - �� S� i�l i C.i1R�li.d: :-ovE -`�iiT�6roi �• :17'�'��i. 1 �� .':%:�i: 'i ��7 i Y`i'{ i :�—• � i9:3.1?fi� _" r 7� � ;_�:; '�'_ `.�: O��JI . �J� � � � '�J• ui{ 7 � � ;L�,^�t: ��'.E;"E"r' F':;�rc«:t: J•1Ht''. C;�tG ��.?S•S� :a::�=_.; ��:. �r"f_'?.` � ��? :ic:?; '�; �i. '�31? ' �:TiiT FiG:.Pi��': l'r'�f�t�:t h:_ 1%�.1�'YUE��I I'..'t�2: E;2:.o:eiEG r.J4'i�1. t� .Wi� i?? .`J�tdf:i� i'�.7.�: .�J�.�S�'Iy�. 'idl� i�Riu:�TiT. !.�c.�c �•T.c:_= LLt:�•'t.: C�i'fEiiS? JE+:-F: 'I i�l;'�/tf:. 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V / :�7: C,4 r�:7 i; �._ � , � r.�ty, %i�ei^r' . �:i.G. ;�'-J�>` � �S-fi'J, i {'tr�_'�..� :;If,� :E� ;�:.�.:. iiv;e+u — % i'ti':: . i'C=�t.:h:' ::ii�[,}i .�n�R' J�J:..:l'`�''T .�.�GEcG C'`7[�„l �1:' '�:r'J':f'�. i�q iir Y:111 i�i�:��i :�L{�.f J'.r��^: -� ¢��:�: _ �i�_ _„�.� EJFi 91 •12 � a$z 0 OFFICE OF THE CITY ATTORNEY PegBirk, CityAttorney �� CITY OF SAINT PAUL Narm Caleman, Mayor December 23, 1997 civil Division 400CiryHd1 IS West Keltogg Blvd SairaPaul Minnesota55102 Telephone: 612 266-8710 Facsimile: 672198-5679 NOTICE OF RE-SCHEDULED COTJNCIL HEARING Patrick John Boemer Pat McGovem's, Inc. 225 7�' Street West Saint Paui, Minnesota 55102 Re: All licenses held by Pat McGovem's, Inc. d/b/a Pat McGovern's for the premises located at 225 7�' Street West in St. Paul; License Number: 16366 Dear Mr. Boemer: The public hearing which had been scheduled for October 22, 1997, has now been re-scheduled to S: 3p -4;-38� p.m., Wednesday, January 28,1998. The hearing will be held in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. This hearing, as you recail, is to deternune the appropriate penalty based upon the uncontested facts contained in the September 3, 1997 Notice of Violation. Enclosed aze copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This revised packet includes the investigative report prepared by the Gambling Enforcement Division of the Minnesota Department of Public Safety. As stated in the previous notice, you will be given an opportunity to make a statement regazding what penalty, if any, will be imposed. The recommendation of the licensing office will be for a one day suspension of your licenses. If you have any questions, please call me at 266-8710. Very truly yours, �� Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Cluistine Rozek, LIEP Betty Moran, Community Organizer, West Seventh/Fort Road Federation, 974 West Seventh St, St. Paul, MI3 55102