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90-449 • � r Council File # ��{� Green Sheet � ESOLUTION CITY OF A T PAUL, MINNESOTA . , Presented By � / � Referred � Committee: Date RESOLVED, that the off-sale intoxicating liquor license and any other licenses held by Anne Marie Dragicevich, d/b/a Snelling Avenue Fine Wines for the premises at 500 North Snelling Avenue in Saint Paul are hereby suspended for a period of six consecutive days, commencing on April 2, 1990 and ending on April 8, 1990. The action taken herein represent the second violation for the sale of alcoholic beverages to an underage person. This Resolution is based on the record of the proceedings before the Administrative Law Judge, the documents and e�ibits introduced therein, the testimony offered by and on behalf the licensee at the Council Hearing on March 15, 1990 and the deliberations of the Council in open session. The Council adopts the findings of fact and conclusions of law of the Administrative Law Judge contained in her report dated February 6, 1990. The report of the AIJ is attached hereto and is expressly incorporated in and made part of this Resolution. A copy of this resolution as adopted shall be sent by first class mail to the Administrative Law Judge and to the licensee. � n —� �� 8�t Requested by Department of: �— � �o�� e � �— u e �— z son BY� �— Adopted by Council: Date MAR 2 0 1990 Form Approved by City Attorney Adoption Certified by Council Secretary By: 3^. _ � By� � �� '�'�� Approved by Mayor for Submission to Approved by Mayor: Date Council By: �.�/,Ct�l By: ��.��iSNED� MA� � 1 1990 ` ' ; ` ' ' � �, (`to� r � � 52-2101-4272-6 ` STATE OF MIl�TNESOTA OFFICE OF ADMINISTRATIVE HEARINGS . FOR THE CTTY OF ST. PAUL �� FEa 8199�� Ciry of St. Paul vs. Anne Marie Dragicevich FINDINGS OF FACT. C�� A I T��'�� d/b/a CONCLUSIONS AND Snelling AvenueFine Wines. RECOIVIlVIENDATIONS This matter came on for hearing before Administrative Law 7udge Janice K. Frankman on Wednesday. January 10, 1990, in the St. Paul City Hall Annex, St. Paul, Minnesota. The record closed on the date of the hearing. T'homas J. Weyandt, Assistant City Attorney, 647 City Hall, St. Paul, Minnesota 55102, appeared on behalf of the City of St. Paul ("City"). Anne Marie Dragicevich d/b/a Snelling Avenue Fine Wines ("licensee") appeared on her own behalf. Notice is hereby given that, pursuant to Minn. Stat. § 14.61, the final decision of the St.Paul City Council shall not be made until this Report has been made available to the parties to the proceeding for at least ten days and an opportunity has been afforded to each party adversely affected to file exceptions and present argument to the Council. Exceptions to the Report, if any, shall be filed with the St. Paul City Council,Atm: Albert B. Olson, City Clerk, 386 City Hall, St. Paul, Minnesota 55102. STATEMENT OF ISSLTE Whether and to what extent it is appropriate to suspend the "off sale" Intoxicating Liquors License issued on August 7, 1989,to Anne M.Dragicevich d/b/a Snelling Avenue Fine Wines pursuant to Minn. Stat. §§ 340A.415 and 340A.503 subd. 2 and Sections 310.06,409.08(2) and 409.26 of the St. Paul legislative code. Based upon all of the proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. The licensee has held an off sale liquor license since August 1, 1987. T'he license was suspended for five (5) days on December 8, 1988, by St. Paul City Council Resolution which adopted the Findings, Conclusions and Recommendation of the Administrative Law Judge who deternuned that the licensee had sold alcohol to a minor. See,J.Dragicevich statement and City Exhibits 1 and 2. 2. On November 7, 1989, at approximately 7:15 p.m., Sergeant Mark Kempe together with a 20 year old law enforcement student, Scott Swinjakow, set up a decoy operation at the licensee's place of business at 500 North Snelling in St. Paul. 1 _ - . �. �� Sergeant Kempe has been a Vice Division sergeant for the St. Paul Police Department for 20 months. He interviewed Mr. Swinjakow and other students to assist in decoy operations. The decoy operation at the licensee's place of business was set up because complaints had been*eceived by the Department that the licensee was selling intoxicating beverages to underage persons. See, Kempe testimony and City E�chibits 3 and 4. 3.a. Sergeant Kempe entered the Snelling Avenue Fine Wines store first. He was dressed in plain clothes and he began shopping in the store. Shortly thereafter Mr. Swinjakow entered the store. The store is quite small, (about 20 by 30 feet) and Sergeant Kempe was able to see and hear Mr. Swinjakow at all times. b. Mr. Swinjakow went to a cooler and removed a six pack of Budweiser beer. He took it to a counter where a clerk, Radomir Gostovic,took a$5.00 bill which Sergeant Kempe had given Mr. Swinjakow. Mr. Gostovic gave Mr. Swinjakow change from the $3.29 purchase and bagged the beer. Mr. Swinjakow left the store immediately and some minutes later, Sergeant Kempe followed. c. Mr. Swinjakow was not asked to produce any identification by Mr. Gostovic. He had been instructed to respond,if asked,that he did not have any identification and to leave the store immediately. d. After he returned to his vehicle,Sergeant Kempe radioed for a marked squad car with a uniformed police officer. Police Officer Meyer responded and was given a descriprion of Mr.Gostovic. O�cer Meyer then went into Snelling Avenue Fine Wines, identified Mr.Gostovic and issued a criminal citarion to him for selling alcohol to a minor. e. At the time of the sale to Mr.Swinjakow,Mr.Gostovic was relieving Mike Pjanic,an employee of the licensee who customarily operates the cash register when John Dragicevich, the licensee's husband, is not present Mr. Gostovic did not testify at the hearing. f. Sergeant Kempe tagged the bag with the six pack of beer and turned it in to the Vice Unit property room upon retuming to the Department offices. The bag was opened by the Assistant County Attorney at the hearing. There was no sales receipt in the bag. Sergeant Kempe did not recall seeing Mr. Gostovic give Mr. Swinjakow a receipG Mr. Swinjakow did not testify at the hearing. See,Kempe and Fjanic testimony and City Exhibits 3 and 5. 4. By Notice of Hearing dated December 5, 1989,the licensee was notified of the date,time,place and purpose of this hearing. Based on the foregoing Findings of Fact, the Adminisuative Law Judge makes the following: CONCLUSIONS 1. The Administrative Law Judge and the S� Paul City Council have jurisdiction over this matter pursuant to Minn. Stat. §§ 14.50 and 340A.415 and St. Paul Legislative Code Section 310.05.. The Notice of Hearing issued by the City Attorney was proper in 2 D � �� "`-� � n .' E .�' �: /��- �d (.J— ��f�I ' all respects and the City has complied with all substantive and procedural requirements of law and rule. ` 2. Minn. Stat. § 340A.415 and Section 409.12 of the St. Paul legislative code provide for suspension or revocation of liquor licenses or imposition of a fine against the licensee where the license or pernut holder has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. 3. Minn. Stat. § 340A.503, subd. 2 and Section 409.08 (13) prohibits the sale of alcohol to persons under the age of 21. 4. Section 409.26 of the St. Paul Legislative Code sets forth standards and presumptive penalries where a licensee has been found to have violated the law. A matrix which addresses various violations and provides progressive penalties for repeat violations is included in the section. With respect to sale of alcohol to a minor, the matrix provides for a six day suspension for the second violation. 5. The licensee has violated Minnesota State law and provisions of the St. Paul Legislative Code when its employee sold alcohol to a minor. This is the second violation of this nature for which the licensee has been cited. It is, therefore, appropriate to suspend the licensee's license for six (6) days. 6. These conclusions are made for the reasons set out in the Memorandum which is attached hereto and hereby made a part of these Conclusions. Based upon the foregoing Conclusions the Administrative Law Judge makes the following: RECOMMENDATTON The Administrative Law 7udge respectfully recommends that the Intoacicating Liquors "Off Sale" License no. 23159 issued to Anne M.Dragicevich, Snelling Ave.Fine Wines be suspended for six (6)days. Dated: February � , 1990. ��o ��J�1 a..� YGl.c-�Q.c� Janice K�ranla�an Administrative Law Judge NOTICE Pursuant to Minn. Stat. § 14.62, subd. 1, the agency is required to serve its final decision upon each party and the Administrative Law Judge by first class mail. Reported: taped 3 _ :-.�....,. .,,. . _., _,...,,._ ��.,_ .,.� ,��,.� � .,-� .. ...�.�t ,.f,�;h,., _. .. ._.��;, .�.:-, _ . _ . _ . - ;� . �.,,,;- �-��.��,.,,�� :3.�.�.-.�,," �.�.A ... � � � - �:, --�, �g� .� ,. . . ��r q MEMORANDUM . This matter has arisen form the sale of a six pack of beer to a 20 year old law enforcement school student hired by the St. Paul Police Department to make undercover purchases for the Vice Unit. The licensee has raised issues relative to the Department's procedure in this matter. Specifically, Mr. Dragicevich has questioned the Department's failure to produce written evidence of the complaints the Department received and of the age of Mr. Swinjakow; to confront his clerk with the individual who purchased the beer and to produce a receipt as proof of the purchase in his store. While these are all appropriate questions to raise and issues to argue,they do not preclude the recommendation which has been made here. Sergeant Kempe's testimony relative to the complaints which the Department received that sales to minors were being made at Snelling Avenue Fine Wines provided background information leading to the "sting" operation which resulted in the illegal sale which is the subject of this case. The existence of the complaints, however, is not relevant to the conclusion reached in this case since the violation is the sale, not any illegal sales which may have preceded i� With respect to the other issues raised by the licensee, they all go to the weight and credibility of the evidence and testimony adduced by the City. Sergeant Kempe's credibility has not been challenged. What has been challenged is the lack of corroboration for his tesrimony. In this case, the Administrative Law Judge has concluded the illegal sale occurred as testified to by Sergeant Kempe. He was an eye wimess to the entire transaction and while evidence of Mr. Swinjakow's date of birth and his testimony cleazly would have enhanced the City's case, neither was necessary. It is noted that the licensee may call whomever it wishes to testify including adverse witnesses such as Mr. Swinjakow. The City has sustained its burden of proof in this case.The recommended penalty is consistent with that which the St Paul Legislative Code prescribes. , ,, ----_ �� `- _ JKF 4 . - . �r � - l J__�� tJ�'�,�'..�-,�✓�`,� �� /,U �� l�' � 52-2101-4272-6 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS RECEIVED FOR THE CITY OF ST. PAUL �g12'��9� City of St. Paul vs. C�� , C.L�� Anne Marie Dragicevich FINDINGS OF FACT. d/b/a CONCLUSIONS AND Snelling Avenue Fine Wines. RECOMIVIENDATIONS This matter came on for hearing before Administrative Law Judge Janice K. Frankman on Wednesday. January 10, 1990, in the St. Paul City Ha11 Annex, St. Paul, Minnesota. The record closed on the date of the hearing. Thomas J. Weyandt, Assistant City Attorney, 647 City Hall, St. Paul, Minnesota 55102, appeared on behalf of the City of St. Paul ("City"). Anne Marie Dragicevich d/b/a Snelling Avenue Fine Wines ("licensee") appeared on her own behalf. Notice is hereby given that, pursuant to Minn. Stat. § 14.61, the final decision of the St. Paul City Council shall not be made until this Report has been made available to the parties to the proceeding for at least ten days and an opportunity has been afforded to each party adversely affected to file exceptions and present argument to the Council. Exceprions to the Report, if any, shall be filed with the St. Paul City Council,Attn: Albert B. Olson, City Clerk, 386 City Hall, St. Paul, Minnesota 55102. STAT'EMENT OF ISSUE Whether and to what extent it is appropriate to suspend the "off sale" Intoxicating Liquors License issued on August 7, 1989,to Anne M.Dragicevich d/b/a Snelling Avenue Fine Wines pursuant to Minn. Stat. §§ 340A.415 and 340A.503 subd. 2 and Secrions 310.06,409.08(2) and 409.26 of the St. Paul legislative code. Based upon a11 of the proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. The licensee has held an off sale liquor license since August 1, 1987. The license was suspended for five (5) days on December 8, 1988, by St. Paul City Council Resolution which adopted the Findings, Conclusions and Recommendation of the Administrative Law Judge who deternuned that the licensee had sold alcohol to a minor. See,J.Dragicevich statement and City Exhibits 1 and 2. 2. On November 7, 1989, at approximately 7:15 p.m., Sergeant Mark Kempe together with a 20 year old law enforcement student, Scott Swinjakow, set up a decoy operat�on at the licensee's place of business at 500 North Snelling in St. Paul. 1 _ . _ �� -�� Sergeant Kempe has been a Vice Division sergeant for the St. Paul Police Department for 20 months. He interviewed Mr. Swinjakow and other students to assist in decoy operations. The decoy operation at the licensee's place of business was set up because complaints had been received by the Department that the licensee was selling intoxicating beverages to undera.ge persons. �,Kempe testimony and City Exhibits 3 and 4. 3.a. Sergeant Kempe entered the Snelling Avenue Fine Wines store first. He was dressed in plain clothes and he began shopping in the store. Shortly thereafter Mr. Swinjakow entered the store. The store is quite sma11, (about 20 by 30 feet) and Sergeant Kempe was able to see and hear Mr. Swinjakow at a11 times. b. Mr. Swinjakow went to a cooler and removed a six pack of Budweiser beer. He took it to a counter where a clerk, Radomir Gostovic, took a$5.00 bill which Sergeant Kempe had given Mr. Swinjakow. Mr. Gostovic gave Mr. Swinjakow change from the $3.29 purchase and bagged the beer. Mr. Swinjakow left the store immediately and some minutes later, Sergeant Kempe followed. c. Mr. Swinjakow was not asked to produce any idenrification by Mr. Gostovic. He had been instructed to respond,if asked,that he did not have any identif'ication and to leave the store immediately. d. After he returned to his vehicle, Sergeant Kempe radioed for a marked squad car with a uniformed police officer. Police Officer Meyer responded and was given a descriprion of Mr.Gostovic. Officer Meyer then went into Snelling Avenue Fine Wines, identified Mr.Gostovic and issued a criminal citation to him for selling alcohol to a minor. e. At the time of the sale to Mr. Swinjakow, Mr. Gostovic was relieving Mike Pjanic,an employee of the licensee who customarily opera.tes the cash register when John Dragicevich, the licensee's husband, is not present. Mr. Gostovic did not testify at the hearing. f. Sergeant Kempe tagged the bag with the six pack of beer and turned it in to the Vice Unit property room upon returning to the Department offices. The bag was opened by the Assistant County Attorney at the hearing. There was no sales receipt in the bag. Sergeant Kempe did not recall seeing Mr. Gostovic give Mr. Swinjakow a receipt. Mr. Swinjakow did not testify at the hearing. See,Kempe and Pjanic testimony and City Exhibits 3 and 5. 4. By Notice of Hearing dated December 5, 1989,the licensee was notified of the date,time,place and purpose of this hearing. Based on the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative Law Judge and the St Paul City Council have jurisdiction over this matter pursuant to Minn. Stat. §§ 14.50 and 340A.415 and St. Paul Legislative Code Section 310.05.. The Notice of Hearing issued by the City Attorney was proper in 2 . _ �i OJ� all respects and the City has complied with all substantive and procedural requirements of law and rule. 2. Minn. Stax. § 340A.415 and Section 409.12 of the St. Paul legislative code provide for suspension or revocation of liquor licenses or imposition of a fine against the licensee where the license or permit holder has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. 3. Minn. Stat. § 340A.503, subd. 2 and Section 409.08 (13) prohibits the sale of alcohol to persons under the age of 21. 4. Section 409.26 of the St. Paul Legislative Code sets forth standards and presumptive penalties where a licensee has been found to have violated the law. A matrix which addresses various violations and provides progressive penalties for repeat violations is included in the section. With respect to sale of alcohol to a minor, the matrix provides for a six day suspension for the second violation. 5. The licensee has violated Minnesota State law and provisions of the St.Paul Legislative Code when its employee sold alcohol to a minor. This is the second violation of this nature for which the licensee has been cited. It is, therefore, appropriate to suspend the licensee's license for six (6)days. 6. These conclusions are made for the reasons set out in the Memorandum which is attached hereto and hereby made a part of these Conclusions. Based upon the foregoing Conclusions the Administradve Law Judge makes the following: RECOMMENDATION The Administrative Law Judge respectfully recommends that the Intoxicating Liquors "Off Sale" License no. 23159 issued to Anne M. Dragicevich, Snelling Ave. Fine Wines be suspended for six (6)days. Dated: February � , 1990. -��J a.� �r�-� Janice R:_F_ an Administrative Law Judge NOTICE Pursuant to Minn. Stat. § 14.62, subd. 1, the agency is required to serve its final decision upon each party and the Administrative Law Judge by first class mail. Reported: taped 3 � - �� MEMORANDUM This matter has arisen form the sale of a six pack of beer to a 20 year old law enforcement school student hired by the St. Paul Police Department to make undercover purchases for the Vice Unit. The licensee has raised issues relative to the Department's procedure in this matter. Specif'ically, Mr. Dragicevich has quesdoned the Deparnnent's failure to produce written evidence of the complaints the Department received and of the age of Mr. Swinjakow; to confront his clerk with the individual who purchased the beer and to produce a receipt as proof of the purchase in his store. While these are all appropriate questions to raise and issues to azgue,they do not preclude the recommendation which has been made here. Sergeant Kempe's testimony relative to the complaints which the Department received that sales to minors were being made at Snelling Avenue Fine Wines provided background information leading to the "sting" operation which resulted in the illegal sale which is the subject of this case. The existence of the complaints, however, is not relevant to the conclusion reached in this case since the violation is the sale, not any illegal sales which may have preceded it. With respect to the other issues raised by the licensee, they all go to the weight and credibility of the evidence and testimony adduced by the Ciry. Sergeant Kempe's credibility has not been challenged. What has been challenged is the lack of corroborarion for his testimony. In this case, the Administrative Law Judge has concluded the illegal sale occurred as testified to by Sergeant Kempe. He was an eye wimess to the endre transaction and while evidence of Mr. Swinjakow's date of birth and his testimony cleazly would have enhanced the City's case, neither was necessary. It is noted that the licensee may call whomever it wishes to testify including adverse witnesses such as Mr. Swinjakow. The City has sustained its burden of proof in this case.The recommended penalty is consistent with that which the St. Paul Legislative Code prescribes. �y '�7KF 4 i f:� ;� 3 � � � �; d-- �5� � � � , � "� �� ►^� L. ;„ . ,J _ � �__ , � f_.. . �-.:•"'� ; February 26, 1990 RfCEiVED St. Paul City Council Attn: Albert B. Olson, City Clerk �NRQli�o 386 St. Paul City Hall St. Paul, MC�TT. 55102 CIT�:� C!�F�}t RE: �CEPTI ONS TO `I� REPORT STATE OF MINNESOTA 52-2101-4272-6 Office of administrative Hearings For the City of St. Paul City of St. Paul vs. Ann M. Dragicevich d/b/a Snelling Avenue Fine Wines Hearing held January 10, 1990 - Administrative Law Judge Janice K. Frankman Assistant City Attorney Thomas J. Weyandt Dear Mr. Olson, In reference to the above mentioned hearing regarding the off-sale liquor license that I hold in my name, Ann M. Dragicevich, d/b/a/ Snelling Avenue Fine Wines, I do have some disagreements with various items stated in the report submitted by Judge Janice K. Frankman. As directed in the report I wish to file exceptions to this report as follows: (I have enclosed a copy of the four page report so you may know to which items I am referring) Findings of Fact l. I have held an off-sale liquor license since August O1, 1986 the report states August O1, 1987 My license was suspended for five days on November 17, 1988, when I appeared before the City Council regarding a fi.rst violati.on, I a.ske�7. the �o»n�il if I could close my business during November 28 - December 02, 1988, they agreed. The report stated December 08, 1988 as the suspension date. PLEA.SE NOTE: January 10, 1990 was the date I was given my copy of the Resolution rer�arding my first violation, I had not received my copy regarding my first violation suspen sion prior to January 10, 1990. I also disagree with the wording under this paragraph which states "that the licensee had sold alcohol to a minor" - I, as licensee, did not sell alcohol to a minor, it was determined that an employee of my business did the selling. . � �o � �.�� - 2 - Conclusions 1. states that "The Notice of Hearing issued by the City Attorney was proper in all respects" - the notice of hearinq I received from the City Attorney stated November 11, 1989 as the violation date - the violation date should be November 07, 1989 according to police reports and the date on the citation issued to my employee 4, again states that "licensee has been found to have violated the law" - I, as licensee, did not violate the law, an employee of my business was issued the citation for selling to a minor 5. again states that "the licensee has violated Minnesota State law and provisions of the St. Paul Legislative Code when its employee sold alcohol to a minor. This is the second violation of this nature for which the licensee ha.s been �-ited" - z, as 1 icensee have nc�t bPen cit� - the cit�tions were issued to two of my employees namely Craig Lee Anderson and Radomir Gostovic Memorandum (fourth paragraph, beginning with the fourth sentence to end of paragraph) "In this case, the Administrative Law Judge has concluded the illegal sale occurred as testified to by Sergeant Kempe. He was an eye witness to the entire transaction and while evidence of Mr. Swinjakow's date of birth and his testimony clearly would h3ve enhanced the City's case, neither was necessary. It is noted that the licensee may call whomever it wishes to testify including adverse witnesses such as Mr. Swinjakow." the judge made a conclusion that the illegal sale occurred even though there was no proof given that Mr. Swinjakow was indeed 20 years old - the judge also says that Mr. Swinjakow's date of birth was not necessary! - I strongly disagree with her statement as the date of Mr. Swinjakow's birth is the main issue here and the basis from which this entire situation came about - please also note that when I went to the St. Paul Police Department to obtain a copy of the police report on this matter I was given a copy of the report but the names of the officers involved in this incident W2rP �L��lc�t12!� OUt. �fJ I !,.rac r1Ot a�„rarc pf tl-iP ramaG cf tl'iP nffZCarG involved until the day of the administrative hearing on January 10, 1990. I was informed by the person ttiat issued the police report to me that "the names of the officers are blackened out to protect their identity." I would like to make my own statement here in reference to this situation. I am very concerned and more than a bit frightened at the way this entire matter was handled. This situation has led me to believe that a� any time a police officer may come into my place of business, cite me and/or any of my employees for selling alcohol to a minor and rbot have to prove (other than his own individual testimony) that I or an employee of mine has violated the law. If there are persons making complaints against me or my business, I would like to be informed as to whom is making the complaints (the only information Officer Kempe offered when questioned on this was that the department had received one or two complaints) . It could be . � - �o --��; - 3 - a dis-satisfied customer or anyone that has a notion to make some trouble where there should be none, I have not served many a potential customer because they could not prove their age and/or they would come into my store intoxicated and I would not sell alcohol to them, or there may be other persons that have an underlying interest in seeing my business go down the tubes so to speak. I realize tha.t I am currently in a business that is not very popular these da.ys and I am all for persons becoming more aware and educated on the consequences th�t come about from abusing alcohol. I state emphatically that I have not in the past, now, or in the future intended to sell alcohol to minors. I put my faith in my employees and I confidently felt they were qualified to work in my store and that they had the understanding not to sell alcoholic beverages to persons that could not give proof of their age. Unfortunately these two persons lost their jobs because of the citations they were issued for serving minors. These two persons only had to pay a small fine for their violations. On the first violation I had to close my business for five days and now I am facing a six day shut down. It is totally out-rageous that I have to pay the severe consequences for acts committed by others. My business is my life-line. My husband Y�as been working no less that 75 hours per week at the store because he is too concerned to trust anyone else making sales because of of the two citations issued to two former employees. I have the utmost respect for the law and officers of the law. My own husband was a police officer for ten years. I have a full-time job where I am in daily contact with law officers such as the Minnesota State Patrol and agents of the Bureau of Criminal Apprehension and I have worked along with these persons for the past sixteen years. I would invite any officer of the St. Paul Police Department to come to my store at any time to observe the way we do business. I would also hope the City of St. Paul would adopt a resolution that would incur fines to holders of liquor licenses opposed to business operation shut downs. Sincerely, ��Gc��C- i2�'�— � � G��'�� ' '��' `� �' �� - ��j� -1�" February 26, 1990 RECEI�JFn Thomas J. Weyandt, Assistant City Attorney �6281990 City of St. Paul Office of the City Attorney CI�C:� C�Eh't� 647 City Hall St. Paul, N�T. 55102 612-298-5121 Dear Mr. Weyandt: Enclosed you will find copies of two letters addressed to me whicYi you sent to me concerning the off sale liquor license tha.t I ho�d dba Snelling Avenue Fine Wines, 500 Sneiling Avenue North, St. Paul, MN. 55104. For the record, on the first letter dated November 15, 1989, I would like to rec�.z�st that the correct violation dat� be entered/amended on that letter. The violation date should be st.ated as November 07, 1989 to correspond with the police report and the date a citation was issued to a former employee. For the record, on the second letter dated December 05, 1989, you again stated the violation date as November 11, 1989. I request that the correct violation date be entered/amended on that letter as well. I take all correspondence received fr�om your office very seriously, I also take the dates printed on the correspondence very seriously as they state a specified date and time as to when one is supposed to appear/attend a hearing that would have a direct affect on ones business operation in the City of St. Paul. Sincerely, - � �� Ann M. Dragicevich, Llcensee : Snelling Avenue Fine Wines 500 Senlling Avenue North St. Paul, NIDT. 55104 612-646-6171 cc: Joseph F. Carchedi Paige Purcell License Inspector Office of Administrative Hearings Lt. Daryl Olson Kris VanHorn Vice Unit License Enforcement Auditor Albert B. Olson Ms. Susan Marschalk, CO City Clerk District 11, Planning Coalition �� 9J- �� '�eo�'' . p� ._p�R.A� . Y� `^Y'•� �\ :� ( L: ��*.....}...:. 'nn, 1858 un, STATE O F M I N N ESOTA OFFICE OF ADMINISTRATIVE HEARINGS RE��(VEp FIFTH F310�FOURTOH AVENUE SOUTH ILDING �D��0 D MINNEAPOLIS,MINNESOTA 55415 CI(•; ��C�1 (612)341-7600 G �� February 8, 1990 Albert B. Olson City Clerk St. Paul City Council 386 City Hall St. Paul , MN 55102 RE: In the Matter of the City of St.Paul v. Anne Marie Dragicevich d/b/a Snelling Avenue Fine Wines; OAH Docket No. 52-2101-4272-6 Dear Mr. Olson: Enclosed please find the original Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge in the above-entitled matter. I also enclose the official record, and I am closing our file in this matter. Please note that Exhibit 5 (a six pack) will be delivered under separate cover. Sincerely, . � PAI6E `L. PURCELL Legal Secretary, OAH Telephone: 612/341-7615 PP enclosure AN EQUAL OPPORTUNITY EMPLOYER �� -�f�� STATE OF MINNESOTA ) ) AFFIDAVIT OF SERVICE BY MAII, COUNTY OF HENNEPIN ) - Janice K. Frankman of the Ci ,ty of Hopkins, Co ty, of Henne�in, in the State of Minnesota, being duly sworn, says that on the y� day of Februarv, 1990, she served the annexed FINDINGS OF FACT CONCLUSION OF LAW AND ORDER, 52-2101-4272-6 on the following: Thomas J. Weyandt Assistant City Attorney 647 City Hall St. Paul, MN 55102 Albert B. Olson, City Clerk St. Paul City Council 386 City Hall St. Paul, MN 55102 Anne Marie Dragicevich 500 N. Snelling St. Paul, MN by mailing to them a copy thereof, enclosed in an envelope,postage prepaid, and by depositing same in the post office at: 33 Tenth Avenue South, Hopkins, Minnesota, directed to said persons at the above stated a the last known address(es) of said persons. � ' ��G�. Subsc bed and sworn to before me � � � this � day of Februarv. 1990. � ��--, Notary Public LA VON REGAN 1�7ARY PUBLIC�AINNESOTA ` ` HENI�EPIN COUNTY '�� MY COMMIS3I�V EXPIRES 33-74 �_' .. _ . ��,_ . �r , . ! �' °�•��•;�"@ �__�� ( C � �` � __ 9�� : i� � � � __ � �: ► Cj'� . � ; :. � . 1 �, ;. ��Y�1M�+ y�� v � �� : .: r- - -- (..^i ,r - — m,� T }`� � n . � .+ m # - . . 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"'_ .: . ��. . -. .� . ' .._ . .�T.�'" .�. . .. 4 -_ ' � . . ' . . � 9°- �� These are true and accurate copies of the records of Ann M. Dragicevich dba Snelling Ave Fine Wines from the License and Permit Division. � ' �� 1�iie '"Odalen, 0 ice Manager � e ✓ :" r � ;' �� . ; �; /; ; ;� ,�%�--/';'�' :%'�- , �GL'-�-(�?�.�Z�Z-C�1,� , � '^+.,Y?r.;sp'at;,-n�akT8�8v°'�l'�9'�d� ?Fs► �,.. , =� Y !:°, ^�^3.ilj I I��LI`�� . , :07A � " � ' � �� : . . �r 1 1%?7 q. , ,. x:.',�w..:.��8� .� � 4� � �� - / �� ,-� r � ` 5� -2/ �/ yz�z . r.icENSE No. CITY OF SAIN:: PAG'� Fr�: $1000.00 2��59 LICENSE 8c PERMIT DIVISION �� J�� LICENSE INTOXICATING LIQUORS "OFF SALE" THIS CERTIFIES THAT ANN M DRAGICEVICH SNELLING AVE FINE WINES AAVING PAID THE ABOVE FEE AND HAVING COMPLIED WITH OTHER ORDINANCE AEQUIREMENTS AND THE REQUIREMENT3 OF CHAPTER.46,LAW3 OF MINNESOTA,SPECIAL SESSION,1933,I3 HEREBY AUTHORIZED TO SELL INTOXICATING LIQUORS "OFF SALE" IN ACCOR.DANCE WITH ORDINANCE NO.7b37,APPROVED JANUAR.Y 18, 1934 AND ALL AMENDMENT3 THERETO. PLACE OF BUSINESS 500 N SNELLING AVE ST PAUL MN 55104 THIS LICENSE MUST BE KEPT POSTED IN A CONSPICUOUS PART OF THE ABOVE PLACE OF BUSINESS ' NOT TRANSFERABLE FROM PERSON TO PERSON OR PLACE TO PLACE THI3 LICENSE IS ISSUED SUBJECT TO THE PROVISION3 OF ALL ORDINANCES OF THE CITY OF ST.PAUL,MINNESOTA,AND MAY BE REVOKED AT ANY TIME IF SAID PROVI3ION3 AR.E VIOLATED. THIS LICENSE EXPIRES 07/31/9 0 DATE OF ISSUANCE 08�07�89 LICENSE INSPECTOR r.1cENSE xo. CITY OF S�iINT FAUL FEE COLLECTED 23159 LICENSE AND PERMIT DIVISION $22.50 LICENSE POST LICENSE IN A CONSPICUOUS PLACE THIS IS TO CERTIFY THAT ANN M DRAGICEVICH DOING BUSINESS AS SNELLING AVE FINE WINES PLACE OF BUSINESS 500 SNELLING AVE N ST PAUL, MN 55104 HAVING PAID THE ABOVE FEE AND COMPLIED WITH OTHER ORDINANCE REQUIREMENTS APPLICABLE THERETO,I3 HEREBY AUTHORIZED TO CONDUCT THE BUSINESS OF: D—ORIGINAL CONTAINER (1) — $22.50 NOT TRAN3FERABLE FROM PERSON TO PER40N OR PLACE TO PLACE THI3 LICEN3E IS ISSUED SUBJECT TO THE PROVISION3 OF ALL OR.DINANCES OF THE CITY OF ST.PAUL,MINNE30TA AND MAY BE RBVOKED. THI3 LICEN3E EXPIRES 07/31/90 DATE OF ISSUANCE 08�07�89 LICENSE INSPECTOR : �� - ��' • � � DRAGICEVICH, ANN MARIE ' ' •500 N. Snelling� Ave. 55104 DBA Snelling Avenue Fine Wines I.D. 4i3632331 � Off Sale Liquor 23159 7/31/90 ,. '1 . �,� (V � � � . i� k - � � �� _ __Dragicevzcn, �nn rlarie -,--_ -�vv n. JL1CLiT_l� �..-�.,�..� , dba Snelling Avenue Fine Wi�s ID 4k3632331 Off Sale Liquor Trfr ��23159 7/31/87* *�FRD FRAM Weiss, Jerome B. dba Snelling Avenue Fine Wine� � \ Inc. C. F. 86-1137 S/13/86 ,`J �( � Off Sale Liquor 23159 7/31/88 � � Off Sale LiQuor 23159 7/31/89 Off Sale Liquor 23159 7/31/90 �� . � G . ' DRAGICEVICH, ANN MARIE OFF SAI.E LIQUOR , DBA SNELLING AVENUE FINE WINES �. . � Ann Marie Dragicevich, Solv Owner . �. �� `� - � " � � �' � .� . � � . � �y V` l � � o r. � o �cx °,' � � • � �. � O A � y � � . . • . a.�i O � p�C, �p ]�4 O `� ` p . . •,� O� , rl � OO yf3+ A � � - ' � � �� H� b �� \ �� . ri � � M v a y � ^ � � � � � . � � � . � -� � y 3 0� � .,(� •� 5C 1+ rl � N � t= aWa�.� kUa � � � ' � U d � �nW � v K ' , • � � � 3 0 ,° ,� � , . • rnorno o '� 00 0o co � � a � . �.� � v� � ''� •o a �c .c � ^'�' N U N �--i � � . � U � �r1 cV cd � . n � n � � '� �� i . � . ---- � �.�'�'- cC � � � � � p . +� �3� u1 ^ t�.r P+ � �.-ul v1 � W 00 � � � 'a � r-��4+ 'O ,u � � � 0 W C� � � U . � f.i a � •� t"+ t� � •r- 'L7 � � .f.41 'G �p C � O � W • ,--+ �+ � N''"� +-i O .�p1 , •�'C � -- i.�i �+ V c� H � \ � � � oo O y�j W ti � O t� U m r-i �-\i V O�N � U � r� � � L V � O O W v1 \ C CO � cd M >`��'C� v� g oo ►--� . . r� +� u `++ a �--� ec � a� +' � �-+ �o�, c� c o � a a oo r, a �o � w � M �- ,-, s. co � 00 � M �u a,v�� cd s�+ ,-� s.+ iC a•.i .,.� •� oo a i-� � � rn �. w c� r� a� w a ►+ .-� �.., a� A H oo �, �v�i � � a� v� oo�' ��` � VI fC � C M •�.�. .rl i".. Vl��G�J� ..� x � a 00 C � � U � � W�j ,� '— X � 00 V X � i-i�"i �� _ a .� x a�.� a�`o tr c�. � v ti? 2 � X .�w c�i� • � W N •a� �.+v�� . � a o w s� .-� x ,�r . s. � � � a� a +�,-c , «� ti o �n ac� F � �c»w � � � �x � rn3u� ��rn a� c.i z � w ;.a ,-+a .-� i o � E' ° o0 on^' •o o � .c oo �c r°+' w o�OO .� �•o .°o�c �°o � a1OO � °ct o0 0 00 �,�,��,o 00 . . . , m c� o 00 � oo a > o0 00 00 �° �O oo . � N��O�t/� �j \«.a o0 CO CO o0 00 OO l� OO O � .-� \�t • �,,,r . � � y� p1 \� �O\�D \t.[) \d' d'"� M W �D M • .-a W C4 N '�.�-� �N .-�-i M � M� 00 f3. 00 t�f{� OOG00�f:+ ; � � Q �D� O\ W P+ �,��'�� M\��1. �U \.--�� U \�--��C.tV�U � ri O � z o� O d �.a o0 o U�f� �c� �� ...r c� u�'„�.-�o � . - .. ._ . _.__._ _..___. ,_...- .-�.[2f' _._...�..__.,.__,-: ,- -._.__ _ ._....V_._.._ • . ' , ', ' ' � _. . � . . � Q � . � � .. . J v � . � . � � '. . _ . . � . � � go� ��, . , . _ ¢ . ,. 500 North Snellin �"` g Av-55104 ID#3632331 Ann Marie Dragicevich dba Snelling Ave Fine Wines L7 �� Beverage Veh #466 79518 12-31-88 � �� 1 Cigarette �gp, � � Ann Marie Dragicevich DBA Snelling AvenueSFine Wines/$9 � ~ �' D-Orig Container o �� , Ann Marie Dragicevich DBA Snelling Avenue1Fine Wines�89 (�,U �� y „ �r Beverage Vehicle # `/ 662 79518 12-31-89 Ann M. Dragicevich DBA 1S ellin Ave � �y 85472 3-31-90 8 nue Fine Wines � �� D-Orig Container 23159 1 Bev Veh ��651 �/31/90 . . - 79518 12-31-90 , ` �� _ `��/c STATE OF MINNESOTA ) County of Ramsey ) ss. CITY OF SAINT PAUL ) Albert B: Olson I. . . . . . . . . . . . . . . . .. . . . . . . . .. .City Clerk of the City of Saint Paul, Minnesota, do hereby certify that I have compared the attached copy of Council File No. . . . . 88,-1936. . , , . . . . Deceml�er 8 88 as adopted by the City Council. ... .. . . . .... . . . .'. . . . . . . . . .19. . .. . . December 12 88 and approved by the Mayor. . . . . . . . . . . .. . . . . . .. . :. . . . . . . . . .19.. . . . . with the original thereof on file in my office. I further certify that said copy is a true and correct copy of said original and the whole thereof. � WITNESS my hand and the seal of the City of Saint Paul, 9thi January 90 Minnesota this . . . . . . . . . . . . . . day of . . . . . . . . . .. . . .. . . .A.D. 19. . . . . +, V-�.� ' / City Clerk. IA �� r � .� 4� V` �., : , � Z /l� � t � � � �. � . ,� 2 _ 7i - ` t � ��. � � " /^1 -;�� J � �C u < f � �. n W ' � �\ \ z m. ❑ „ W ... .... " ! 0 2 �j � 2 N � • d ^`1' � �� t d u h N I C1 ►+ W � N N v -r ; . � U I � a � 3.+ � O C U � � .7 O m � $ m '` X 00 O ^ a� L •.+ ��\� u �O � . � W W W G W Sr ,a 3-� y , �? N N < T F 2 a '� C CJ `�L R' .0 . � . C� � � 0 I N L+ W J � < ^� G1 L G1 VI Cl �: � � ' � � cV � .G z W a 3 ► . .-� 0.+ .0 R� 3 �.. � .` ��;' � ._1 u . �O � � I d � N '3 .-+ LJ w - � .-� 0 u'� 4 p c • G cC � v1 p .� < . .... 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N • O > Y N W N (!1 .0 fC N �J r ` 3 � R' � • � � ° c i O R' N cn � (^ Y t • Z J � C`'� 1J '0 M T� O OO � � Y N U < c J 'D C� Z > r O � � � 't7 'b C N r-i CO u � � • O u � ° ` W O E .� .O. > �e L+ p ; V � � < > .,• C y, � +"i O ► o � < 'D a..� •.-� L t!] .-� u - < � r. I^ � 0 ! < •• ro m � m O R' � ` r, � a � o� c� c ¢ � � � � ` o � 2 V � v 'n CJ •r+ F � u O a = � <r'1 ► < O Z [ 'C7 � E • ' j � � v a o0 0 < <C � s. • . I . �i a �c t .� ^ , � � _ 3 v y �/ ' � �� 9�� 9 r � oZ - o�- � � ( — � a1� �- - s��T'�� CITY OF SAINT PAUL �•' �@°� g; �;, OFFICE OF THE CITY ATTORNEY '� nnirnw. ,� `�+ "-'� 10°� ,;�� EDWARD P. STARR, CITY ATTORNEY ,.., <-,. '`'<<t��'•°`�.��''� 647 City Nall, Saint Paul,Minnesota 55102 r+iltR:`.� 612-298-5121 GEORGE LATIMER RECEIVED MAYOR DE C 7 1989 December 5, 1989 ADMINISTRATIVE. HEARINGS Ms . Anne Marie Dragicevich NOTICE OF HEARING dba Snelling Avenue Fine Wines 500 No. Snelling St. Paul , Mn. 551�4 RE: C i ty o f St. Paul vs. Ms. Drag icev ich Dear Ms. Dragicevich: � This is to notify you that the hearing will be held concerning all the licenses held at the premises stated above at the following time, date and place: Date: January 10, 1990 Time: 1:0� p.m. Place: 15�3=A City Hall Annex 24 West Fourth Street St. Paul, Mn. 55102 The judge will be an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Ms. Janice K. Franklin Office of Administrative Hearings Fifth Floor , Flour Exchange Building 314! Fourth Avenue South Minneapolis, Mn. 55415 Telephone: 933�0074! The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises, and for adverse action against such licenses , under Chapter 310 , including sections 3191. P15 and 31Q1. 06 , of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non=intoxicating liquor , authority is also conveyed by section 340A.415 of the Minnesota Statutes. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as follows: �v /�� On November 11, 1989, your employee on the licensed premises sold a six pack of Budweiser beer to a minor in violation of section 409.08 (2) of the St. Paul Legislative Code, and Section 340A.5PJ3; subd. 2, Minn. Stat. 1989. You have the right to be represented by an attorney before and during the hearing if you so choose, or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of sections 14.57 to 14.62 of the MinnPsota Statutes, and such parts of the procedures under section 31�.05 of the Saint Paul Legislative Code as may be applicable. At the hearing , the Administrative Law Judge will have all parties identify themselves for the record. Then the City will present its witnesses and evidence, each of whom the licensee or attorney may cross'-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each - of whom the City attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 14�0.7000. If you think that this matter can bP resolved or settled without a formal hearing, please contact or have your attorney contact the undersigned. If a stipulation or aqreement can be reached as to the facts , that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. �'d-�1�19 If you fail to appear at the hearing, the allegations against you which have been stated earlier in this notice may be taken as true and your ability to challenge them forfeited. If non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requestPd under Minnesota Statutes, section 14.60, subdivision 2. Sincerely, THOMAS J. WEYANDT Assistant City Attorney cc: Joseph F. Carchedi License Inspector Albert B. Olson City Clerk PaigP Purcell Office of Administrative Hearings Kris Van Horn License Enforcement Auditor Ms. Susan Marschalk, CO District 11 , Planning Coalition �� -� ��y� '�,T:o. ��' � CITY OF SAINT PAUL p M ; ;i�n ; OFFICE OF THE CITY ATTORNEY + �d . ,... JANE MC PEAK, CITY ATTORNEY 647 City Hall,Saint Paul, Minnesota 55102 612-298-5121 JAMES SCHEIBEL MAYOR February 16, 1990 R��F�UFn Mr. S. Mark Vaught �g2o1990 Attorney At Law suite �oo CITY CLERK Six West Fifth Street St. Paul, Minnesota 55102 RE: City of St. Paul vs R. Mont, Inc and John O. Keena d/b/a Gatsby's Dear Mr. Vaught: Please take notice that a hearing on the report of the Administrative Law Judge concerning the above-mentioned establishment has been scheduled for 9: 00 o'clock a.m. , March 15, 1990, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written argument to the Council at the this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart form the recommendations of such Judge as permitted by law in the exercise of its judgment and discretion. Sincerely, THOMAS J. WEYANDT Assistant City Attorney cc: Robert Kessler Acting License Inspector Lt. Daryl Olson Vice Unit Albert B. Olson City Clerk 9 v -- ��j 4 plTT Ol �� '• CITY OF SAINT PAUL O M ; ,;,��;;;� ; OFFICE OF THE CITY ATTORNEY .0 w0 O !��• JANE MC PEAK, CITY ATTORNEY 647 City Hall,Saint Paul, Minnesota 55102 612-298-5121 JAMFS SCHEIBEL MAYOR REc�iu�� February 16, 1990 Ms. Ann Marie Dragicevich ��+��.7.7� d/b/a snelling Avenue Fine wines CITY CLERK 500 North Snelling Avenue St. Paul, Minnesota 55104 RE: City of St. Paul vs Ann Marie Dragicevich d/b/a Snelling Avenue Fine Wines Dear Ms. Dragicevich: Please take notice that a hearing on the report of the Administrative Law Judge concerning the above-mentioned establishment has been scheduled for 9: 00 o'clock a.m. , March 15, 1990, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. � , , You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written argument to the Council at the this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart form the recommendations of such Judge as permitted by law in the exercise of its judgment and discretion. Sincerely, THOMAS J. WEYANDT --- Assistant City Attorney cc: Robert Kessler Acting License Inspector Lt. Daryl Olson Vice Unit . . �J-�� l��E�IID �.. � �•••...D.,. �tp\L6_UNO�� ••. _ - vF� E�F� �.1€� ��;;i��j4 '� � a Qat� „� �:'�"� STATE OF M I N N ESOTA �R � � OFFICE OF ADMINISTRATIVE HEARINGS C,I�i G�EU� Co � �{�, ��' FIFTH FLOOR, FLOUR EXCHANGE BUILDING "� 310 FOURTH AVENUE SOUTH MINNEAPOLIS,MINNESOTA 55415 (612)341-7600 March 7, 1990 Albert B. Olson City Clerk St. Paul City Council 386 City Hall St. Paul , MN 55102 Re: In the Matter of the City of St. Paul v. Anne Marie Dragicevich dba Snelling Avenue Fine Wines; OAH Docket No. 52-2101-4272-6 Dear Mr. Olson: Enclosed you will find Exhibit 5 which is part of the official record in the above-entitled matter. Sincerely, PAIGEC�OpURCELL Docket Clerk, OAH Telephone: 612/341-7615 PP Enclosure AN EQUAL OPPORTUNITY EMPLOYER , • ��,n�� /// n '�p�.�1�,E.9Tq�, 'T"`7'� �� ••: `= f _- ��;�+i�� im� STATE O F M I N N ESOTA OFFICE OF ADMINISTRATNE HEARINGS FIFTH FLOOR,FLOUR EXCHANGE BUILDING 310 FOURTH AVENUE SOUTH MINNEAPOLIS,MINNESOTA 55415 R�G'��VE`� (612)341•7600 February 16, 1990 �� CITY CLERK I, Albert B. Olson �, City Clerk St. Paul City Council 386 City Hall St. Paul , Minnesota 55102 � Re: In the Matter of the City of St. Paul vs. Ann Marie Dragicevich d/b/a Sne� ling Avenup f'ine Wines; OAH Docke± No. 52-2101-4272-6. Dear Mr. Olson: Enclosed is the �uplicate tape of the hearing in the above-referenced matter which was heard on January 10, 1990. The official record was returned to you on February 8. Sincerely, ':2'?C�Z�) � �'��'�� SANDRA A. HAVEN Office Services Supervisor Telephone: 612/341-7642 sh Enc. AN EQUAL OPPORTUNITY EMPLOYER �� y 52-2101-4272-6 STATE OF NIINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR TI-� CITY OF ST. PAUL RECEIVFp City of St. Paul vs. �B081990 Anne Marie Dragicevich FINDINGS OF FACT. CI"rY CL�RK d/b/a CONCLUSIONS AND Snelling Avenue'Fine Wines. RECOIVIlVIENDATIONS This matter came on for hearing before Administrative Law Judge Janice K. Frankman on Wednesday. January 10, 1990, in the St. Paul City Hall Annex, St. Paul, Minnesota. The record closed on the date of the hearing. Thomas J. Weyandt, Assistant City Attorney, 647 City Hall, St. Paul, Minnesota 55102, appeared on behalf of the City of St.Paul ("City"). Anne Marie Dragicevich d/b/a Snelling Avenue Fine Wines ("licensee") appeared on her own behalf. Notice is hereby given that, pursuant to Minn. Stat. § 14.61, the fmal decision of the St.Paul City Council shall not be made until this Report has been made available to the parties to the proceeding for at least ten days and an opportunity has been afforded to each party adversely affected to file exceptions and present argument to the Council. Exceptions to the Report, if any, shall be filed with the St. Paul City Council,Atm: Albert B. Olson, City Clerk, 386 City Hall, S� Paul, Minnesota 55102. STATEMENT OF ISSUE Whether and to what extent it is appropriate to suspend the "off sale" Intoxicating Liquors License issued on August 7, 1989,to Anne M.Dragicevich dJb/a Snelling Avenue Fine Wines pursuant to Minn. Stat. §§ 340A.415 and 340A.503 subd. 2 and Secdons 310.06,409:08(2) and 409.26 of the St.Paul legislative code. Based upon all of the proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. The licensee has held an off sale liquor license since August 1, 1987. The license was suspended for five (5) days on December 8, 1988, by St. Paul City Council Resolution which adopted the Findings, Conclusions and Recommendation of the Administrative Law Judge who determined that the licensee had sold alcohol to a minor. See,J.Dragicevich statement and City Exhibits 1 and 2. 2. On No�ember 7, 1989, at approximately 7:15 p.m., Sergeant Mazk Kempe together with a 20 year old law enforcement student, Scott Swinjakow, set up a decoy operation at the licensee's place of business at 500 North Snelling in St. Paul. 1 , � Sergeant Kempe has been a Vice Division sergeant for the St. Paul Police Department for 20 months. He interviewed Mr. Swinjakow and other students to assist in decoy operations. The decoy operation at the licensee's place of business was set up because complaints had been received by the Department that the licensee was selling intoxicating beveiages�to underage persons. See•Kempe testimony and City Exhibits 3 and 4. 3.a. Sergeant Kempe entered the Snelling Avenue Fine Wines store first. He was dressed in plain clothes and he began shopping in the store. Shortly thereafter Mr. Swinjakow entered the store. The store is quite small, (about 20 by 30 feet) and Sergeant Kempe was able to see and hear Mr. Swinjakow at all times. b. Mr. Swinjakow went to a cooler and removed a six pack of Budweiser beer. He took it to a counter where a clerk,Radomir Gostovic,took a$5.00 bill which Sergeant Kempe had given Mr. Swinjakow. Mr. Gostovic gave Mr. Swinjakow change from the $3.29 purchase and bagged the beer. Mr. Swinjakow left the store immediately and some minutes later,Sergeant Kempe followed. c. Mr. Swinjakow was not asked to produce any identificadon by Mr. Gostovic. He had been instructed to respond,if asked,that he did not have any identification and to leave the store immediately. d. After he returned to his vehicle, Sergeant Kempe radioed for a mazked squad car with a uniformed police officer. Police Officer Meyer responded and was given a description of Mr.Gostovic. Off'icer Meyer then went into Snelling Avenue Fine Wines, identified Mr.Gostovic and issued a criminal citation to him for selling alcohol to a minor. e. At the time of the sale to Mr. Swinjakow, Mr.Gostovic was relieving Mike Pjanic,an employee of the licensee who customarily operates the cash register when John Dragicevich, the licensee's husband, is not present Mr. Gostovic did not testify at the hearing. f. Sergeant Kempe tagged the bag with the six pack of beer and turned it in to the Vice Unit property room upon returning to the Department offices. The bag was opened by the Assistant County Attorney at the hearing. There was no sales receipt in the bag. Sergeant Kempe did not recall seeing Mr. Gostovic give Mr. Swinjakow a receip� Mr. Swinjakow did not testify at the hearing. See,Kempe and Pjanic testimony and City Exhibits 3 and 5. 4. By Notice of Hearing dated December 5, 1989,the licensee was notified of the date,time,place and purpose of this hearing. Based on the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative Law Judge and the S� Paul City Council have jurisdiction over this matter pursuant to Minn. Stat. §§ 14.50 and 340A.415 and St. Paul Legislative Code Section 310.05.. The Nodce of Hearing issued by the City Attorney was proper in 2 �'�- ��i all respects and the City has complied with all substanrive and procedural requirements of law and rule. 2. Minn. Sta.t. § 340A.415 and Section 409.12 of the St. Paul legislative code provide for suspension or revocation of liquor licenses or imposidon of a fine against the licensee where the license or permit holder has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. 3. Minn. Stat. § 340A.503, subd. 2 and Section 409.08 (13) prohibits the sale of alcohol to persons under the age of 21. 4. Section 409.26 of the St. Paul Legislative Code sets forth standards and presumptive penalties where a licensee has been found to have violated the law. A matrix which addresses various violations and provides progressive penalties for repeat violations is included in the secdon. With respect to sale of alcohol to a minor, the matrix provides for a six day suspension for the second violadon. 5. The licensee has violated Minnesota State law and provisions of the St.Paul Legisladve Code when its employee sold alcohol to a minor. This is the second violation of this nature for which the licensee has been cited. It is, therefore, appropriate to suspend the licensee's license for six (6)days. 6. These conclusions are made for the reasons set out in the Memorandum which is attached hereto and hereby made a part of these Conclusions. Based upon the foregoing Conclusions the Administrative Law Judge makes the following: RECOMMENDATTON The Adnunistrative Law Judge respectfully recommends that the Intoxicating Liquors "Off Sale" License no. 23159 issued to Anne M. Dragicevich, Snelling Ave.Fine Wines be suspended for six (6)days. Dated: February � , 1990. -��J� a.� �r,u Janice K�-- an Administrative Law Judge NOTICE Pursuant to Minn. Stat. § 14.62, subd. 1, the agency is required to serve its final decision upon each party and the Administrative Law Judge by first class mail. Reported:taped 3 MEMORANDUM This matter has arisen form the sale of a six pack of beer to a 20 year old law enforcement school student hired by the St. Paul Police Department to make undercover purchases for the Vice Unit. The licensee has raised issues relative to the Department's procedure in this matter. Specifically, Mr. Dragicevich has questioned the Department's failure to produce written evidence of the complaints the Department received and of the age of Mr. Swinjakow; to confront his clerk with the individual who purchased the beer and to produce a receipt as proof of the purchase in his store. While these are all appropriate questions to raise and issues to azgue,they do not preclude the recommendation which has been made here. Sergeant Kempe's testimony relative to the complaints which the Department received that sales to minors were being made at Snelling Avenue Fine Wines provided background information leading to the "sting" operation which resulted in the illegal sale which is the subject of this case. The existence of the complaints, however,is not relevant to the conclusion reached in this case since the violation is the sale, not any illegal sales which may have preceded it ... With respect to the other issues raised by the licensee, they all go to the weight and credibility of the evidence and testimony adduced by the City. Sergeant Kempe's credibility has not been challenged. What has been challenged is the lack of corroboration for his testimony. In this case, the Administrative Law Judge has concluded the illegal sale occurred as testified to by Sergeant Kempe. He was an eye wimess to the entire transaction and while evidence of Mr. Swi�nj�,kow's date of birth and his testimony cleazly would have enhanced the City's case, neither was necessary. It is noted that the licensee may call whomever it wishes to testify including adverse witnesses such as Mr. Swinjakow. The City has sustained its burden of proof in this case.The recommended penalty is consistent with that which the S� Paul Legislative Code prescribes. ;—_,. � � JKF 4 D � _ C,�.pT�' S W�rJS►4kG0 t'�;�� 't �O � //.- �7"' 8'� � � � � c,2� ��. �' l+,.,,"� 2�� _ . . �� ry ��z�oi-4z7z-� �"��'�.T'� �f� R��I�TNESOTA ��°��,`� �J� .t�I��iNI�TRATIVE HEARINGS R�CEIVED F�� '�HE CI'I'Y OF ST. PAUL �ROl�� City of St. Paul vs. clr':� c�e��c Anne Marie Dragi.cevich FINDINGS OF FA�'I'. d/b/a CONCLUSIONS AND Snelling Avenue Fine Wines. RECOMIIVIEENUAT'IONS '�'t-iis mattv: came on for hearing before Administrative Law Judge Janice �. FrankinUx� on Wednesciay. Ja.nuary 10, 1990, in the S� Paul City Hall Annex, St. Paul, Nlinnesota. The record closed on the date of the hearing. 'I"r�or�zas J. Weyandt, Assista.zst City Attorney, 647 City Hall, St. Paul, Minnesc��a 5.:=:02, ��peared pz� behalf of the �ity of St. Paul ("City"). Anne Marie Dragicevich�� S�;�e►�in�Avenue Fine�ine� ("Iicena�e"} appeared on her own behalf. Tdotice �� t��e�; ;iv�n t}��t, pursuant to Minn. Stat. § 14.61, the final decision aY` t:�-�� St:�aul �it�r�C�.�uncil ;h�El r��t b�m��L until this Report has been made avauabl�to th�E �;araes �e the pr�ceeding far a�€east ten days and an opportunity has been afforded t�each pam,= �civer::ely��'t'ect�t�file�xceptions and present argument to the Council. Ex��gtic�.r..d to�,e �epor, af an.y, s�t�ll ��f��e:, vvith the St. Paul City Council,Attz►: Albert P. C?Is��... City C?�rk1385��t�.��ll, Si. F'aul, iVVLinnesata 55102. STA1'�MENT OF ISSUE VV�ether and to what extent it is agpropriate to suspend the "off sale" Intoxi�.atua� Lic;��ors License:ss�ed on A.ugu�t 7, 1989, to Anne M.Dragicevich d/b/a Snelli�ng Avenue Fine Win�s �ursuant t� �Iinn. Stat. §§ 340A.415 and 340A.503 subd. 2 and S�ctior.s 3iU.06; 409.08(2} and 409.26 of the St. Pauy legislative code. Based upon all of the pmceedings her�in, the Administrative L.aw Judge mak:es the following: FL''��',INCiS OF FACT 2. The Iic�nsee has he?c� an off s�Ee liquor license since August l, 19$7. 'The license was s�:s�en�ed far fav� (5) days o� I3ecember 8, 1988, by St Paul City �::ot�ncil Resolutic�n whic� as3�:.QY.;�,d �.�e �in�ings, �oncTusions and Recommendatir�7 of th� Adminisa�rive Z.aw �u�i�:e w�-ac� de;t��m7;n�ci t?�at the licensee had sold alcoha? ta a minc�ro See,J.I�ragicevich s;�e��.en�;�� ?��xhFb:ts 1 and�rr �..._..._ 2.. Qn l��ovemt��* 7, 1.9��, at a�a�r�x3mately 7:15 p.m., Sergeant Mar�c �:�mp� tagether with � �€� y��r c�id la� �nfo�c�rner.�t student, Scott Swinjakow, set up � �i�c�ay �ger�tb�n ��s�a��e ti:e�.r:s�e"s pl�c.�cag��asin�ss �s SQO North Sne;?_ing in St. Paul. � . . . �v_�� - � Sergeant Kempe has been a Vice Division sergeant for the St. Paul Police Department for 20 months. He interviewed Mr. Swinjakow and other students to assist in decoy operations. The decoy operation at the licensee's place of business was set up because complaints had been received by the Department that the licensee was_s�elli�n mtoxicating beverages to underage persons. ,�, Kempe testimony and City ExhiFiits�an��.`�- 3.a. Sergeant Kempe entered the Snelling Avenue Fine Wines store fus� He was dressed in plain clothes and he began shopping in the store. Shortly thereafter Mr. Swinj:;kow entered the store. The store i uite small, (about 20 b 30 f Ser t Kemne was able to see and hear . Swinjakow at times. b. Mr. Svv:njaLovv wei�t to a coole�and reino�e:i a s'vc pack�f�udweiser beer. He took it to a counter where a clerk, Radomir Gostovic, took a$5.00 bill which Sergeant Kempe had given Mr. Swinjakow. Mr. Gostovic gave Mr. Swinjakow change from the $3.29 purchase and bagged the beer. Mr. Swinjakow left the store immediately and some minutes later, Sergeant Kempe followed. c. Mr. Swinjakow was not asked to produce any identification by Mr. Gostovic. He had been instructed to respond,if asked,that he did not have any identification and to leave the store unmediately. d. After he returned to his vehicle, Sergeant Kempe radioed for a marked squad car with a uniformed police officer. Police Officer Meyer responded and was given a descriprion of Mr.Gostovic. Officer Meyer then went into Snelling Avenue Fine Wines, identified Mr. Gostovic and issued a criminal citation to him for selling alcohol to a minor. e. At the time of the sale to Mr. Swinjakow, Mr.Gostovic was relieving Mike Pjanic,an employee of the licensee who customarily operates the cash register when John Dragicevich, the licensee's husband, is not present Mr. Gostovic did not testify at the hearing. �� f. Sergeant Kempe tagged the bag with the six pack of beer and turned it in to the Vice Unit property room upon returning to the Department offices. The bag was opened by the Assistant County Attorney at the hearing. There was no sales receipt in the bag. Sergeant Kem��e did not rec�ll s�ein�Mr. G�stovic eive Mr. Swiniakow a receipt� �vlr. Swinjakow did not testifv at the hearin�. See,Kempe and Pjanic tesrimony and Ciry i and 5. ✓4. By Notice of Hearing dated December 5, 1989, the licensee was notified of the date, r�rne,place and purpose of this hearing. Based on the foregoing Findings of Fact, the Administradve Law Judge makes the following: �ONCLUSIONS 1. The Administrative Law Judge and the St Paul City Council have jurisdiction over this matter pursuant to�Minn. Stat. §§ 14.50 and 340A.415 and St. Paul Legislative Code Section 310.05.. The Notice of Hearing issued by the City Attorney was proper in ✓' 2 _ , . . • �'� '�`f 1 � � all respects and the City has complied with all substantive and procedural requirements of law and rule. 2. Minn. Stat. § 340A.415 and Section 409.12 of the St. Paul legislative code provide for suspension or revocation of liquor licenses or imposition of a fine against the licensee where the license or permit holder has failed to complv with an a • �P �rar„rP, rule or ord.inance relating to alcoholic bevera�es• ' 3. Minn. Stat. § 340A.503, subd. 2 and Section 409.08 (13) prohibits the sale of alcohol to persons under the age of 21. 4. Section 409.26 of the St. Paul Legislative Code sets forth standards and presumptive penalties where a„licensee has been found to have violated the law. A matrix which addresses various violations an3'provi es progressive pen aes for repeat violations is included in the section. With respect to sale of alcohol to a minor, the matrix provides for a six day suspension for the second violation. 5. The 'censee has violated Minnesota State law and provisions of the St. Paul Legislative Code when its emp oyee so coho airunor. This is the second violation of this nature for w ic e icensee as en ci . It is, therefore, appropriate to suspend the licensee's license for six (6)days. 6. These conclusions are made for the reasons set out in the Memorandnm�h;�� is attached heretQ and hereby made a pait of these Conclusions. — Based upon the foregoing Conclusions the Administrative Law Judge makes the following: RECOMMENDATION The Administrative Law Judge respectfully recommends that the Intoxicating Liquors "Off Sale" License no. 23159 issued to Anne M. Dragicevich, Snelling Ave. Fine Wines be suspended for six (fi) days. Dated: February � , 1990. � y., •� .��..�'.t � �• '�� j2 Lt� !1 t.._, Janice I�.�rankman Administrative Law Judge NOTTCE Pursuant to Minn. Stat. § 14.62, subd. 1, the agency is required to serve its final decision upon each party and the Administrative Law Judge by first class mail. Reported: taped 3 . - � � U ��j - � . MEMORANDUM This matter has arisen form the sale of a six pack of beer to a 20 year old law enforcement school student hired by the St. Paul Folice Department to make undercover purchases for the Vice Unit. The licensee has raised issues relative to the Department's procedure in this matter. Specifically, Mr. Dragicevich has questioned the Department's f ' to uroduce written evidence of th�comnlaints the DeQartment receivedandof the a e of Mr- .�'nj_ oa�w�, to confront his clerk with the individual who urchased the beer an to produce a receipt as proo o e re. le these are all appropriate questions to raise an� issues to argue,they do not preclude the recommendation which has been made here. Sergeant Kempe's testimony relative to the complaints which the Department received that sales to minors were being made at Snelling Avenue Fine Wines.nrovr ided back ound i1�`'ormation leading to the "stin " o ratio which resulted in the illegal sale which is e su �ect o s case. e existence of the complaints,however, is not relevant to the conclusion reached in this case since the violation is the sale, not any illegal sales which may have preceded it With respect to the other issues raised by the licensee, they all go to the weight and credi�flity of the evidence and testimony adduced by the City. SPr Panr K�m�e'c credibiiitv has not been challeng�. What has been challenged is the lack of corroboration �or�"is tesnmony. In this case, the Administrative Law Judge has concluded the illegal sale occtured as testified to by Sergeant Kempe. He was an eye wimess to the entire transaction and while evidence of Mr. Swinjakow's date of birth and his testimony clearly would have enhanced the City's case, neither was necessary. It is nt►ted that the licensee may call whomever it wishes to testify including adverse witnesses such as Mr. Swinjakow. The City has sustained its burden of proof in this case.The recommended penalty is consistent with that which the SL Paul Legislative Code prescribes. � � "� � JKF 4