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90-623 t � y f.i{ /. f�� /l.. 0 R� G I N A L . ` • - Counci l Fi te # -�24 �,�.3 ��r P �X Green Sheet # RESOLUTION CITY OF INT PAUL, MINNESOTA . � � �%" Presented By Referred To� �_° Cortmittee: Date RESOLVED, that the on sale liquor, sunday on sale, and restaurant licenses held by Lindy Enterprises, Inc. d/b/a/ Shin-On's Bar and Restaurant, I.�wrence Lindberg, President, for the premises at 198 Western Avenue in Saint Paul are hereby revoked, commencing on the Sunday following publication of this resolution; and be it FURTHER RESOLVED, that the foregoing revocation shall be and is hereby stayed for a period of one (1) year beginning on the date of the publication of this resolution, upon the following e�ress conditions: 1. All licenses held by the licensee at the premises licensed as the Shin-On's Bar and Restaurant are hereby suspended for a period of seven (7) ee�s , ee�enei�rg . f.,ll.,. .;,,�. .. 1.1'.. s; C �1,;� t.�':,.,. .� :e::eii:::��eev:ieeee:e�: e: e:3:a �°vee�eseiv::� ai:�r days on P�ay 12, 13, 21� 22� and June 5, 14 and June 15. 2. The licenseholder shall, before reopening the licensed premises for operation, submit evidence satisfactory to the license inspector that it has the dramshop insurance required by law, and is current on its state tax obligations; and 3. The licenseholder shall thereafter maintain in full force and effect dramshop insurance coverage required by law, and shall remain cunent on all state tax obligations; and, be it FURTHER RESOLVED, that failure to abide by the conditions specified in numbered paragraphs 2 and 3 above shall be sufficient grounds for dissolving the stay of revocation and imposition of revocation on all licenses of the licenseholder upon proper proceedings. a R hG1 I�l� ' • - � - � � � ��°" �a3 L This resolution is based upon the record of the proceedings before the Administrative Law Judge, including the hearing held on January 16, 1990, the documents and e�ibits introduced therein, the testimony offered by and on behalf of the licensee and the city license division at that hearing and at the Council hearing on March 22 and 29, 1990, and the deliberations of the Council in open session. The Council adopted the findings and fact and conclusions of law of tbe Administrative Law Judge as contained in her Report dated February 13, 1990, but deviated from the recommended sanction as noted above. A copy of this resolution, as adopted, shall be sent by first class mail to the Administrative Law Judge, and to the licenseholder. --------------- ------- ------ --------- Yeas Na s Absent Requested by Department of: Dtmon Goswitz Lon Macca e s Rettman T une Wt son BY� _________________________`d=t==-==_______ A�� ; j990 Form Approved by City Attorney Adopted by Council: Date Adoption Certified by Council Secretary ��_C,��U By: ey' ��<�Ll.-�-C./��!�1�,1�l.�-!/!l� Approved by Mayor for Submission to Approved by Mayor: Date. APR 2 5 1990 Council By; �+' -l��'d'l� By: �ffit(SHED MAY - 51990 a�J� �� :°rr�f�r:,°�t�"p�. �� 'e i �,/ r 1 (�� .' . l. � 1�7�i',R ,� McGUIGAN & McGUIGAN ATTORNEYS AT LAW - � '' • .a.e., .. , +� ... . .,_ SUTTE 200, LIBERTY BANK BUILDING PATRICK J.McGUIGAN SNELLING AT SELBY TELEPHONE ROY B.HENLINE ST. PAUL, MINNESOTA 55104 (612)646-6325 GREGORY J.HOLLY TELECOPIER ESTABLISHED 1943 OF COLTNSEL: (612)646-8584 MICHAEL A.BRAVE" •ALSO ADMITTED IN RETIRED: WISCONSIN JOHN H.McGUIGAN,sx. Ap r i 1 12 , 19 9 0 ROBERT J.McGUIGAN JOHN H.McGLTIGMT,JR.(1944-1988) Mayor of St. Paul Members of the City Council Re: Lindy Enterprises, Inc. To: The Honorable James Scheibel and Members of the City Council : I represent Lindy Enterprises, Inc. Lindy Enterprises, Inc. is the holder of an on-sale liquor license for use at Shin-On's Bar and Restaurant, 198 Western Avenue North, St. Paul, Minnesota. It has come to my attention that a resolution has been submitted to suspend the liquor license of Lindy Enter- prises, Inc. for one year and to stay said suspension on certain conditions including suspension of all licenses for a one week period and requiring Lindy Enterprises, Inc. to pay in full all obligations to taxing authorities. The basis for this resolution is a lapse in liquor liability insurance during the period from October 7, 1989 through November 14 , 1989 . It is not disputed that the Certificates of Insurance indicate that no insurance was in effect during the period from October 7, 1989 to November 14, 1989 . It is important, however, in determining the penalties to be imposed to consider the factual circumstances which surrounded this lapse. Enclosed for your reference please find a copy of the Find- ings of Fact, Conclusions and Recommendations of Administrative Law Judge Janice K. Frankman in the matter of City of St. Paul v. Lindy Enterprises, Inc. d/b/a Shin-On's. The administrative law judge found that prior to the October 7, 1989 cancellation date, Shin-On Lindberg made arrangements with his insurance carrier to continue his liquor liability insurance. Mr. Lindberg' s insur- ance carrier accepted payments on October 4th, November 9th and November 14th of 1989 . Based on the acceptance of these payments and no notice to the contrary, Mr. Lindberg believed that his liquor liability insurance was in place. It was only when Mr. Lindberg received a Certificate of Insurance for liquor liability on November 14 , 1989 , that he learned of the possibility of a lapse in his insurance coverage. �'�i �` t�� ` � April 12 , 1990 Page 2 It is interesting to note that in mid-October of 1989 , Mr. Lindberg was provided with a Certificate of Insurance with respect to its general liability insurance coverage. Since Mr. Lindberg's premiums were paid to the same agent and covered both his general liability insurance and his liquor liability insur- ance, Mr. Lindberg reasonably assumed in mid-October of 1989 that his liquor liability insurance was also in effect. Mr. Lindberg complied with all terms of his agreements with the insurance agent. He had every right to expect and believe that his liquor liability insurance was in full force and effect. Even the Administrative Law Judge in her Memorandum at the end of the Fin3ings c�f Fact concludes tr�a�� °'th� licensee could reason- ably have concluded that its coverage had not lapsed. " The matter of the insurance agent' s conduct has been submit- ted to the Insurance Commissioner. No determination has yet been made as to the agency' s liability. The Administrative Law Judge submits in her Conclusion that pursuant to Section 310. 07 of the St. Paul Legislative Code that a licensee " . . . shall not be entitled to assert the acts or omis- sions of agents. . .as a defense or justification for failure comply with such filing and maintenance requirements. " It is submitted, however, that this provision applies to agents of the licensee, not to independent third parties. It is reasonable to require that a licensee effectively supervise and control its own agents. This provision would properly bar a defense such as the failure of a bookkeeper to timely pay an insurance premium or file required documents. However in this case, the "agent" was not an agent of the licensee. Black's Law Dictionary defines agent as one authorized to represent another or to transact busi- ness on behalf of another. In this case, the insurance agency and its representative agent were authorized by an insurance company to transact business on its behalf. Insurance companies are riyY��t��al�y ..o� aliow�d to deny coverage due to the improper acts or omissions of their agents. It is very possible that based on the facts of this matter, the Insurance Commissioner may rule that due the errors or omissions of the insurance company' s agent, Mr. Lindberg' s liquor liability insurance should have been in force during the period from October 7 , 1989 through November 14, 1989 . The acts of omissions of a third party over whom the licensee has no control is a valid defense. Mr. Lindberg' s reliance upon the agents of the insurance company is justifica- tion for the lapse in liquor liability insurance. Aside from the question of whether the Administrative Law Judge correctly interpreted Section 310. 07 of the St. Paul Legis- lative Code, even if the acts or omissions of agents are not a l/�' � D �� .,7 April 12 , 1990 Page 3 defense to the requirement of maintaining liquor liability insur- ance, they are certainly relevant in determining the appropriate penalty. In this case they indicate that in spite of Mr. Lindberg's best efforts to comply with his requirements, his liquor liability insurance lapsed. This lapse was caused by fac- tors outside of Mr. Lindberg' s control. Lindy Enterprises, Inc. recognizes and appreciates the aggressive position of the City of St. Paul in matters where holders of liquor licenses willfully violate their obligations. However in this case, the party whose willful and wrongful actions are at issue is the insurance agency. The Administrative Law 3udge taok into consideration the �ack of cuZpability of Lindy Enterprises, Inc. and recommended a public reprimand the imposition of a minimal fine of $100. 00. Severe sanctions in this matter should be reserved for the culpable party, the insur- ance agency. The Insurance Commissioner is presently investigat- ing precisely this issue. It has been suggested that Mr. Lindberg has been without liquor liability insurance for an extended period of time. This is not the case. The Administrative Law Judge in Paragraph 6 of her Findings of Fact states that Lindy Enterprises, Inc. was pro- vided with a Certificate of Insurance effective November 14 , 1989 . Subsequent to this time, Mr. Lindberg changed insurance companies. He is now insured by John H. Crowther, Inc. A copy of his Certificate of Insurance is enclosed herewith for your reference. In addition to the lack of culpability on the part of Lindy Enterprises, Inc. , it is important to consider the impact of the proposed penalties on the licensee. In determining whether a penalty might be unduly harsh, one must consider the circum- stances of the individual party. A penalty which might be appropriate in one case, might be devastating and unduly burden- s�me iti «nother. In this case it is important to bear in mind that Lindy Enterprises, Inc. has recently filed for protection under Chapter 11 of the United States Bankruptcy Code. As you may be aware, Chapter 11 offers businesses an opportunity to reorganize and re- structure their financial arrangements in order to ultimately fulfill their obligations. In this case, Lindy Enterprises, Inc. had purchased a business at a location where the prior business had continually lost money. Extensive renovation was required and ultimately the restaurant changed its menu to sushi. Since the establishment of the sushi menu, the restaurant sales have increased every month. Unfortunately, the liabilities during the initial months were more than the restaurant could handle during its period of growth. F� � �'� �� ..� April 12 , 1990 Page 4 Under Chapter 11, Lindy Enterprises, Inc. has made satisfac- tory arrangements with its creditors to allow its sales to continue to grow and to meet its current obligations. Included among the creditors who are participating in the reorganizational process is the Minnesota Department of Revenue. These arrange- ments have left Lindy Enterprises, Inc. , in a delicate situation in that they can continue to fulfill their obligations as long as the various creditors accept the terms of the Chaper 11 proceed- ings, and revenues are sustained and continue to increase. Obviously, the suspension of a liquor license for one year would have a devastating effect on the revenues of Lindy Enter- prises, Inc. This would ultimately force the restaurant to close and abandon its Chapter 11 proceeding. However, even suspending all licenses for a period as short as one week would have a devastating result on the viability of Lindy Enterprises, Inc. , in its Chapter 11 proceeding for several reasons. First, the loss of 25% of the gross revenues in any given month would destroy the delicate balance which has been achieved with creditors. The inability to pay certain creditors to whom Chapter 11 commitments have been made would avail to said credi- tors remedies which would effectively shut down operations. Even assuming continued increases in monthly revenues, the loss of 25% in any one month could not be made up quickly enough to forestall action by creditors. Second, closing the restaurant for a one-week period would have a traumatic effect on clientele. Many customers, confused by the concept of Chapter 11 bankruptcy, were unsure as to whe- ther and for how long the restaurant would remain open. Closing the restaurant for one week would serve to further confuse cus- tomers and reverse the trend of increasing sales. A third reason pertains to the unique nature of a resta- urant, par�icularly one in Chapter li. A restaurant in Chapter 11 pays for its food inventory with cash. A sushi restaurant in particular relies on obtaining fresh seafood and produce which must be paid for at the time it is delivered. Closing the res- taurant for one week would result in a substantial loss of inventory due to spoilage. In addition, because of the lack of revenues during the period the restaurant was closed, a substan- tial cash outlay would be required to replace the food inventory. This is a demand which would be difficult, if not impossible, for the restaurant to meet in addition to the domino effect it would have on payment to other creditors. For all of these reasons, a closing of the restaurant for one week would likely result in a permanent closing and abandon- ment of the Chapter 11 proceeding. / �� i 4' �� _ April 12 , 1990 Page 5 With regard to the requirements that all tax obligations be brought current, as was indicated previously, the taxing authori- ties are a part of the Chapter 11 process. Lindy Enterprises, Inc. , is current to all taxing authorities on all obligations a Chapter 11 debtor is required to fulfill. Since taxing authori- ties are priority creditors, any obligations which are currently in abeyance will be given first treatment as part of the Chapter 11 plan. Because of the unique nature of Chapter 11, it is essential for the debtor to remain current in all of its required Chapter 11 payments to taxing authorities. Failure to do so will result in the conversion or dismissal of the Chapter 11 proceed- ing. However, the imposition of additional requirements outside of the Chapter 11 proceedings will defeat the objectives of Chap- ter 11 of the Bankruptcy Code. Furthermore, the alteration of arrangements with taxing authorities will have a domino effect on other creditors thus substantially diminishing, if not eliminat- ing, the viability of the Chapter 11 process. Finally, it is important to consider the effect of the closing of Lindy Enterprises, Inc. Obviously, there is a signi- ficant impact on the owners whose investment would be lost. However, in addition to their loss, the closing would result in a loss of employment for the approximately 35 employees who work at the restaurant on Cathedral Hill . Finding 35 new jobs would be very difficult. Additionally, Shin-On's restaurant is a developing business with a significant potential for growth in an area where the city is trying to encourage business development. Prior to Shin-On's, several businesses have failed in this location. Shin-On' s has shown the potential for success. It would be unfortunate for the community if this potential was not realized. Furthermore, it is important to consider the impact on the creditors of Lindy Enterprises, Inc. During the Chapter 11 pro- cess, cre�itcrs rec:eive certain payments. Additionally, as long as the business survives and continues to prosper, creditors have a realistic expectation of realizing substantially more than if the restaurant were closed and liquidated. You may wish to note that one of the loans to Lindy Enterprises, Inc. , from the Exchange Bank was guaranteed by the St. Paul Economic Development Corporation which I believe is a city agency. The closing of Lindy Enterprises, Inc. , would result in a default on the loan to the Exchange Bank and subject to the St. Paul Economic Develop- ment Corporation to a liability on its guaranty which I conserva- tively estimate at $10, 000. 00. This liability may be substan- tially more than this amount. The St. Paul Economic Development Corporation is one of many creditors who would be significantly affected by the closing of this business. � l� , �� April 12 , 1990 Page 6 Yet another concern in the event of the closing of Shin-On' s restaurant is the difficulty of a landlord in this neighborhood in obtaining successful tenants. As was indicated previously, prior tenants have been unable to thrive in this location. The landlord, the St. Paul Port Authority, would in all likelihood prefer to retain a tenant whose sales are increasing and who shows a strong potential for continued growth. As you can see, the impact of closing Shin-On' s Restaurant and Bar would be shared by many in addition to simply the owners. Because of the precarious situation of a Chapter 11 debtor, the proposed penalties would very likely leave no alternative but to close the restaurant. This result and its impact seems dispro- portionately harsh in light of the findings of the administrative law judge that Shin-On Lindberg reasonably believed that he had insurance and that he had fulfilled the terms of his agreements with his insurance agent. In light of the foregoing, we respectfully request that the City Council reconsider the proposed resolution and, if a penalty is deemed appropriate, impose a penalty more in line with the recommendation of the administrative law judge. Respectfully submitted, c I McGUT A � � � ��, Ro Henline RBH:cja . , . �---�0,��3 . 1 52-2101-4273-6 STATE OF N�NNESOTA OFFICE OF ADMINISTRATNE HEARINGS FOR THE CITY OF ST. PAUL City of St. Paul vs. Lindy Enterprises,Inc. FINDINGS OF FACT. d/b/a �QNCLUSIONS AND S hin-On's REC�OMII�NDATIONS This matter came on for hearing before Administrative Law Judge Janice K.Frankman on Monday January 8, 1990,in the St. Paul City Hall Annex, S�Paul, Minnesota. The record closed on January 16, 1990, the date the last filing was received. T'homas J. Weyandt, Assistant City Attorney, 647 City Hall, St. Paul, Minnesota 55102, appeared on behalf of the City of St. Paul ("City"). Shin-On Lindberg, General Manager, appeazed on behalf of Lindy Enterprises,Inc.d/b/a Shin-On's("licensee"). 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,Attn: Albert B.Olson,City Clerk, 386 City Hall, St. Paul, Minnesota 55102. , STATEMENT OF ISSUE Whether and to what extent it is appropriate to take adverse action against the "on sale" Intoxicating Liquors License issued June 5, 1989, to Lindy Enterprises, Inc. d/b/a Shin-On's pursuant to Minn. Sta� §§ 340A.415 and 340A.409 and Sections 310.06, 310.07 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. Lindy Enterprises, Inc. d/b/a Shin-On's Bar and Restaurant was incorporated in Minnesota in December, 1988. The corporarion succeeded and replaced an earlier Lindberg family business, Shin-On's Seafood Market and Restaurant d/b/a Shin-On's Sushi Baz & Restaurant. Shin-On's currently dces business at 198 Western Avenue,St Paul,Minnesota. Lawrence Lindberg is sole officer, director and shareholder of Lindy Enterprises, Inc. Shin-On Lindberg is his son and is the General Manager of the business. r � r2 An on-sale liquor license was transfened from Polo Club of St. Paul, Inc. to Lindy Enterprises,Inc.on June 6, 1989. �gg,Lindberg testimony and City Exhibit 1. 2. By letter dated September 27, 1989, Joseph F. Carchedi, S� Paul License Inspector, advised the licensee that his office had received notice that its liquor liability policy would be cancelled effecdve October 7, 1989. Mr. Carchedi wrote: . . . It will be necessary for you to send a replacement of your Liquor Liability with no lapse in coverage. If we do not receive a replacement of your On-Sale Liquor Liability with no lapse in coverage by Friday,October 6, 1989 at 4:30 P.M.,you must cease selling On-Sale Liquor on Saturday,October 7, 1989 at 12:01 a.m. ,�gg,City Exhibit 1. 3. On October 4, 1989, Shin-On Lindberg met with Brian Hayes,insurance agent for the licensee's liquor liability insurance carrier. He inquired how he could become cunent in his premium payments to avoid cancellation of the policy on October 7, 1989. He was asked to and did pay two months' premiums for August and September, 1989. Mr. Lindberg believed that he had sadsfied the agent's requirement to avoid cancellation of the liquor liability insurance policy. S�g,Lindberg testimony and Licensee's Exhibit A. 4. In mid-October, 1989, the licensee obtained a business loan. The licensee was required to provide proof of insurance. A Certificate of Insurance with respect to its commercial General Liability insurance coverage was provided by its insurance agent. The licensee's liquor liability insurance cove�age was provided by an insurance carrier diffetent from the general liability carrier, consequently,the certificate of insurance produced to sadsfy the loan requirement did not include proof of liquor liability insurance. See•Lindberg testimony and Licensee's Exhibit A. 5. On November 9, 1989, Brian Hayes requested two months' (for October and November, 1989)premium payments to make the licensee current on its liquor liability insurance coverage. Shin-On Lindberg asked that he accept a check for one month ($786.00) which he did. Mr.Lindberg continued to believe that the liquor liability insurance coverage was in full force and effect. �e ,Lindberg testimony and Licensee Exhibit A. 6. On November 14, 1989, Michael Vruno, St. Paul licensing inspector, went to the licensee's place of business and confirmed that they were still in operation. Mr. Vruno advised Mr.Lindberg that he needed to provide proof of liquor liability insurance coverage that afternoon or close business. Shin-On Lindberg visited his insurance agent the same day. After giving him a check in the amount of $542.00, he was provided with a Certificate of Insurance for the liquor liability coverage effective November 14, 1989. ee Lindberg testimony, sripulation of the parties (Weyandt statement on the hearing record)and Licensee's Exhibit A. 7.a. On November 16, 1989,the licensee received�nultiple notices that its liquor liability and general liability insurance coverages were being cancelled. "Noa-payment of premiums" and "failure to meet undervvriting requirements"were both given as reasons. b. Replacement coverages were purchased by the licensee through a different insurance agent(W.A.Lang) and provided by a different insurance carrier. � , ��yo�� - = 3 c. The record reflects a lapse in liquor liability coverage from October 7, 1989, to November 14, 1989. d. By memo dated November 22, 1989, Shin-On Lindberg directed a complaint on behalf of the licensee to the Minnesota State Insurance Commissioner with respect to the lapse in coverage. He requested the Commissioner's assistance. Mr.Lindberg had not received a response from the Insurance Commissioner on the date of the hearing. 8. 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 Administradve Law Judge makes the following: CONCLUSIOhTS 1. The Administrative Law Judge and the St. Paul City Council have jurisdiction over this matter pursuant to Minn. Sta� �§ 14.50 and 340A.415 and St. Paul Legisladve Code Secrion 310.05. The Notice of Hearing issued by the City Attorney was pmper in 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 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. Sta� § 340A.409 requires the licensee to maintain and provide proof of liquor liability insurance coverage in prescribed minimum amounts. 4. Section 310.07 of the St Paul Legislative Code provides for automatic termination of the licensee's license for failure to maintain the required insurance coverage. It also provides that the licensee " . . . shall not be entided w assert the acts or omissions of agents . . . as a defense or justification for failure to comply with such filing and maintenance requirements." 5. Section 409.26 of the S� 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. The matrix dces not, however, address the matter of failure to maintain iequired liquor liability insurance coverage. Section 409.26(�contemplates alternative sanctions in the discretion of the council: (fl Other penalties. Nothing in this section shall restrict or limit the authority of the council to suspend up to sixty(60)days,revoke the license, or impose a civil fine not to exceed two thousand dollars ($2,000.00), to impose conditions ar take any other adverse action in accordance with law, provided, that the license holder has been afforded an opportunity of a hearing in the manner provided for in Section 310.05 of the Code. 6. The licensee has violated Minnesota State Law by failing to provide uninterrupted liquor liability insurance overage. Although the licensee believed it had continuous coverage, its insurance agent has not provided proof of liquor liability insurance coverage for the time period October 7, 1989, to November 14, 1989. Because the licensee may not assert its agent's errors or omissions and because the Adminisuative Law Judge dces not have jurisdiction to determine ' � * 4 whether there has been an error or omission, the licensee may not be relieved from having some adverse action taken against its on-sale liquor license. It is appropriate to publicly reprimand the licensee for its violation of the law and to impose a minimal fine of$100.00 against it 7. 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: RECOMMENDATION The Administrative Law Judge respectfully recommends that the licensee be reprimanded for its failure to provide proof of continuous liquor liability insurance coverage and directed to pay a fine in the amount of$100.00 Dated: February /� , 1990. �� Janice K.F an Administrative Law Judge N TICE 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 MEI��ORANDUM The foregoing Findings of Fact and Conclusions aze detailed and complete and will not be repeated. It is appropriate, however, to note that Mr. Lindberg was encouraged to bring any response he m�ay have rec�iv�d frrrm the dn�ura��e Ca�nis�oner w the S�:Paul City Council as it considers the recommendations contained herein. The Assistant City Attorney did not make a specific recommendadon with respect to an appropriate penalty in this case. Although there is no jurisdiction to decide what the proper result should be vis-a-vis the licensee and its former liquor liability insurance carrier,the Administrative Law Judge believes the licensee could reasonably have concluded that its coverage had not lapsed. It appeazs the more serious question with which every one should be concerned is whether there is coverage for any loss sustained between October 7 and November 14, 1989. Because the licensee is chazged with knowledge of and strict compliance with the law,it is necessary to impose some minimal adverse a�ction against its license in this case. �JKF r// ' • ' • • / \ ISSUE DATE 11/2?/$9 lmb INSURED PRODUCER Lin�y Ltsrpri�es, 7aaq. JOHN H.CROWTHER, INC./SWETT AND CRAWFORD 3600 MULTIFOt�DS TOWER flBAs Shin-ons Har & Restaursat 33 SOUTH SIXTH STREET 198 N. i�►estern Ave. MiNNEAPOLIS,,MN 55402 St. Paul, �!N 55i02 COMPANY AFFORDING COVERAGE TYPE OF INSURANCE TRANSCONTINENTALINSURANCE COMPANY lIQUOR LIABILITY THIS IS TO CERTIFY THAT THE POLICY OF INSURANCE LISTED BELOW HAS BEEN iSSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRAC� OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POUCY DESCRIBED THEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS C� SUCH POLICY. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON TH� CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLfCY BELOW. POLICYNUMBER EFFECTIVEDATE EXPIRATIONDATE " LOCATION(�OFINSURED LLP 750 29 47 11/28/89 5/32/90 Locatiaa - 5a�e • . . � 50,000 � 100,000 � 300,000 � 500,000 �i,000,000 BODILY INJURY EACH PERSON 100,000 100,000 300,000 500,000 1,000,000 BODILY INJURY EACH OCCURRENCE 10,000 100,000 300,000 500,000 1,000,000 PROPERTY DAMAGE EACH OCCURRENCE 50,000 100,000 300,000 500,000 1,000,000 LOSS OF MEANS OF SUPPORT EACH PERSON 100,000 100,000 300,000 500,000 1,000,000 LOSS OF MEANS OF SUPPORT EACH OCCURRENCE 300,000 300,000 300,000 500,000 1,000,000 POUCY AGGREGATE � � � . . � �ity of St. Peul IN THE EVENT OF CANCELLATION OF THE ABOVE �itq �tali DESCRIBED POLICY BEFORE THE EXPIRATION DATE THEREOF, THE JSSUING COMPANY WILL MAIL 10 DAYS LS W. Y.ellogg BZvd. WRITTEN CANCELLATION NOTICE IF FOR NON PAYMENT St. Paul, I� 55201 AND 30 DAYS WRITTEN CANCELLATION NOTICE IF FOR THER ASyl�l. s�� •�/�� i�� AUTHORIZED REPRESENTATIVE �:.Y .. _ - , . _ �*, . . . � -- . .. - , . . :-.:�.�. � �� .. ... 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' �.. . . ... .. . ` . . ,' .. . . . ..f.. .. . . . ._ . - . -' : „�.^ .- ,.��,. ...-.�. .. ; . . . � , _ . _ . . �(•:� .., . � .. ... _ . � .. . .. . _ ... .. . .. . . . . . . . _ . . .�'.:. ..� . . ._ . . ,�. _ .._ . . . . . . . . . , . , . _.., ... .. ._ . � .>i.. •- - � . ' - �'. �. .. - . �:� . , . , .. .. .. - � - � �� .�; C�/`�d�.�3 �-}:�� ;�� '`tT7°'• ^ CITY OF SAINT PAUL �; : + ��,�� v� OFFICE OF THE CITY ATTORNEY , � "" JANE A. MC PEAK, CITY ATTORNEY bl7 City Hall,Saint Paui,Minnesota 55102 612-298-5121 JAMES SCHEIBEL FAX 612-298-5619 MAYOR R�r.F�vFo �, APR241990 April 20, 1990 c� ; , c�Ef;�c Mr. Roy B. Henline - Attorney at Law 200 Liberty Bank Bldg. St. Paul, MN. 55104 RE: Lindy Enterprises , Inc . Dear Mr . Henline: - Enclosed please find a copy of the resolution that was adopted by the Council on April 19, 1990. This resolution will be published on Saturday, April 27 , 1990 . You must close on May 12 and 13 , May 21 and 22 , June 6 and June 14 and 15 , 1990 . Provided that ,you have met the require- ments listed in items marked ��2 and ��3 �in the �attached resolution, you are free to open in the interim. If you have any questions , please don' t hesitate to contact me at 298-5121 . Sinc�rely, THOMAS J. WEYANDT Assistant City Attorney Enc. cc : Robert Kessler Acting License Inspector Lt. Daryl Olson Vice Unit Shin-On Lindberg Lindy Enterprises �� `�unc i l F i t e # � - � �� 'r� i : ��.�z z „ .;;4" .,,:..i?�.;:i v�een Sheet # RESOLUTION CITY OF SAINT PAUL, MINNESOTA ��j�� Presented By Referred To Cortmiitee: Date � t RESOLVED, that the on sale liquor, sunday on sale, and restaurant licenses held by Lindy Enterprises, Inc. d/b/a/ Shin-On's Bar and Restaurant, Lawrence Lindberg, President, for the premises at 198 Westem Avenue in Saint Paul are fiereby revoked, commencing on the Sunday following publication of this resolution; and be it FURTHER RESOLVED, that the foregoing revocation shall be and is hereby stayed for a period of one (1) year beginning on the date of the publication of this resolution, upon the following express conditions: - 1. All licenses held by the licensee at the premises licensed as the Shin-On's Bar and Restaurant are hereby suspended for a period of seven (7) cATCU�GZQTLYC�days, c�err.��g � ' ; and f1n�}''l, ��.d�3� /''�A�`} �t ct 2 Z � G l a..�s(, �'�o-rSj 2. The licenseholder shall, before reopemng the licensed premises for operation, submit evidence satisfactory to the license inspector that it has the dramshop insurance required by law; and is current on its state tax obligations; and 3. The licenseholder shall thereafter maintain in full force and effect dramshop insurance coverage required by law, and shall remain current on all state tax obligations; and, be it FURTHER RESOLVED, that failuze to abide by the conditions specified in numbered paragraphs 2 and 3 above shall be sufficient grounds for dissolving the stay of revocation and imposition of revocation on all licenses of the licenseholder upon proper proceedings. (. �--� /, "„' � � � � •� ' '� � i� x,;, :; � ��--��.J d This resolution is based upon the record of the proceedings before the Administrative Law Judge, including the hearing held on January 16, 1990, the documents and exhibits introduced therein, the testimony offered by and on behalf of the licensee and the city license division at that hearing and at the Council hearing on March 22 and 29, 1990, and the deliberations of the Council in open session. The Council adopted the findings and fact and conclusions of law of the Administrative Law Judge as contained ir�her Report dated February 13, 1990, but deviated from the recommended sanction as noted abova� A copy.of this resolution,.as adopted, shall be sent by first class mail to the Administrative La�v Judge, and to the licenseholder. - --------------- ------- ------ --------- Yeas Na s Absent Requested by Department of: Dtmond � Gosuitz Lon Macca ee Rettman Thune ui son By' Form Approved by City Attorney Adopted by Council: Date Adoption Certified by Council Secretary B �� Y��p Y= BY� Approved by Mayor for Submission to Council Approved by Mayor: Date By: By: � . - 9a-- � a � o�`��Tr�� CITY OF SAINT PAUL ; �;;��q ; OFFICE OF THE CITY ATTORNEY � �o • -- �... JANE MC PEAK, CITY ATTORNEY 647 City Hail,Saint Paul,Minnesota SS102 612-298-5121 JAMES SCHEIBEL MAYOR April ��, 1990 Rf�E1VED Mr. Shin-On Lindberg, General Manager nQQ12'��O Lindy Enterprises, Inc. �� d/b/a shin-on�s CITY CI.�RK 198 Western Avenue St. Paul, Minnesota Dear Mr. Shin-On: You were previously notified by letter, dated April 6, 1990 (copy enclosed) of the date that the suspension of your licenses would become effective. The Council did not consider the resolution during the April 10, 1990 meeting, and has requested that the matter be placed on the Council Agenda for April 17, 1990. This means that you should not close your business as previously directed. It is expected that the Council will make a determination as to the action they wish to take during at this April 17, 1990 Council meeting. City Council meetings begin at 9: 00 o'clock a.m. , and are held in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. If you have any questions, please don't hesitate to contact me at 298-5121. Very Truly Yours, . I'� . PHILIP . BYRNE Assista t City Attorney cc: Robert Kessler Acting License Inspector Lt. Daryl Olson Vice Unit A1 Olson City Clerk City Council Members _ �,�� `�-'�Q 2 c3 � �:� '�t �' CITY OF SAINT PAUL . �� .. ; �� ; ' OFFICE OF THE CITY ATTORNEY � AO • "" JANE MC PEAK, CITY ATTORNEY 647 City Hall,Saint Paul,Minnesota 55102 612-298-5121 JAMES SCHEIBEL MAYOR April 6, 1990 � Mr. Shin-On Lindberg, General Manager Lindy Enterprises, Inc. d/b/a Shin-On's 198 Western Avenue St. Paul, Minnesota 55102 Dear Mr. Lindberg: Enclosed please find a copy of the resolution that was adopted by the Council in its verbal form during the public hearings held on March 22 and March 29, 1990. The Council is expected to consider this resolution in its written form on April 10, 1990. It is not necessary for you to be present during the Council Hearing. This resolution if adopted, will be published on Saturday, April 21, 1990. This means that you must close your business on Sunday, April 22, 1990 and remain closed through Saturday, April 28, 1990. Provided that you have met the requirements listed in items marked #2 and #3 in the attached resolution, you are free to open on Sunday, April 29, 1990. If you have any questions, please don't hesitate to contact me at 298-5121. Sincerely, THOMAS J. WEYANDT Assistant City Attorney Enc. cc: Robert Kessler Acting License Inspector " Lt. Daryl Olson Vice Unit 9�'� a � � ' �� Counci l Fi le t! Green Sheet # RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date l RESOLVED, that the on sale liquor, sunday on sale, and restaurant licenses held by Lindy Enterprises, Inc. d/b/a/ Shin-On's Bar and Restaurant, Lawrence Lindberg, President, for the premises at 198 Westem Avenue in Saint Paul are hereby revoked, commencing on the Sunday following publication of this resolution; and be it FURTHER RESOLVED, that the foregoing revocation shall be and is hereby stayed for a period of one (1) year beginning on the date of the publication of this resolution, upon the following express conditions: 1. All licenses held by the licensee at the premises licensed as the Shin-On's Bar and Restaurant are hereby suspended for a period of seven (7) consecutive days, commencing on the Sunday following publication of this resolution; and 2. The licenseholder shall, before reopening the licensed premises for operation, submit evidence satisfactory to the license inspector that it has the dramshop insurance required by law, and is current on its state tax obligations; and 3. The licenseholder shall thereafter maintain in full force and effect dramshop insurance coverage required by law, and shall remain cunent on all state tax obligations; and, be it FURTHER RESOLVED, that failure to abide by the conditions specified in numbered paragraphs 2 and 3 above shall be suf�icient grounds for dissolving the stay of revocation and imposition of revocation on all licenses of the licenseholder upon proper proceedings. . (``� z=�;.� 9�- �� `� ��; This resolution is based upon the record of the proceedings before the Administrative La.w Judge, including the hearing held on January 16, 1990, the documents and exhibits introduced therein, the testimony offered by and on behalf of the licensee and the city license division at that hearing and at the Council hearing on March 22 and 29, 1990, and the deliberations of the Council in open session. The Council adopted the findings and fact and conclusions of law of the Administrative L.aw Judge as contained ir� her Report dated February 13, 1990, but deviated from the recommended sanction as noted above. A copy of this resolution, as adopted, shall be sent by first class mail to the Administrative Law Judge, and to the licenseholder. --------- ------- ------ --------- Yeas Na s Absent Requested by Department of: Dimond Goswitz Lon Macca e Rettman 7 une Wi son By: Form Approved by City Attorney Adopted by Council: Date Adoption Certified by Council Secretary �� (t r�c�� By: By' Approved by Mayor for Submission to Council Approved by Mayor: Date By: By: . � .�` . 90-- �� . � /��-,Jf _ �� r._ � � 1 /� �5�-�'� ' � � �� Ci`.�:c�'� �` `' ,��/ , ��(J �� j�,r; j�- �j 52-2101-4273-6 STATE OF MINNESOTA ( � OFFICE OF ADMINISTRATIVE HEARINGS �� FOR THE CITY OF ST. PAUL City of St. Paul vs. Lindy Enterprises, Inc. FINDINGS OF FACT, d/b/a CONCLUSIONS AND S hin-On's RECOr�IlV1ENDATTONS This matter came on for hearing before Administrative Law 7udge Janice K. Frankman on Monday January 8, 1990, in the St. Paul City Hall Annex, St.Paul, Minnesota. The record closed on January 16, 1990, the date the last filing was received. Thomas J. Weyandt, Assistant City Attorney, 647 City Ha11, St. Paul, Minnesota 55102, appeared on behalf of the City of St. Paul ("City"). Shin-On Lindberg, General Manager, appeazed on behalf of Lindy Enterprises, Inc.d/b/a Shin-On's("licensee"). 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,Attn: Albert B. Olson, City Clerk, 386 City Hall, St. Paul, Minnesota 55102. STATEMENT OF ISSUE Whether and to what extent it is appropriate to take adverse action against the "on sale" Intoxicating Liquors License issued 7une 5, 1989, to Lindy Enterprises, Inc. d/b/a Shin-On's pursuant to Minn. Stat. §§ 340A.415 and 340A.409 and Sections 310.06, 310.07 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. Lindy Enterprises, Inc. d/b/a Shin-On's Bar and Restaurant was incorporated in Minnesota in December, 1988. T'he corporation succeeded and replaced an earlier Lindberg family business, Shin-On's Seafood Market and Restaurant d/b/a Shin-On's Sushi Bar & Restaurant. Shin-On's currently does business at 198 Western Avenue, St.Paul,Minnesota. Lawrence Lindberg is sole officer, director and shareholder of Lindy Enterprises, Inc. Shin-On Lindberg is his son and is the General Manager of the business. . � � . q�-� � - . � 2 An on-sale liquor license was transferred from Polo Club of St. Paul, Inc. to Lindy Enterprises, Inc. on June 6, 1989. �gg,Lindberg testimony and City Exhibit 1. 2. By letter dated September 27, 1989, Joseph F. Cazchedi, St. Paul License Inspector, advised the licensee that his office had received nodce that its liquor liability policy would be cancelled effective October 7, 1989. Mr. Cazchedi wrote: . . . It will be necessary for you to send a replacement of your Liquor Liability with no lapse in coverage. If we do not receive a replacement of your On-Sale Liquor Liability with no lapse in coverage by Friday,October 6, 1989 at 4:30 P.M., you must cease selling On-Sale Liquor on Saturday,October 7, 1989 at 12:01 a.m. Sgg, City Exhibit 1. 3. On October 4, 1989, Shin-On Lindberg met with Brian Hayes,insurance agent for the licensee's liquor liability insurance caxrier. He inquired how he could become cunent in his premium payments to avoid cancellation of the policy on October 7, 1989. He was asked to and did pay two months' premiums for August and September, 1989. Mr. Lindberg believed that he had satisfied the agent's requirement to avoid cancellation of the liquor liability insurance policy. See,Lindberg testimony and Licensee's Exhibit A. 4. In mid-October, 1989, the licensee obtained a business loan. The licensee was required to provide proof of insurance. A Certificate of Insurance with respect to its commercial General Liability insurance coverage was provided by its insurance agent. The licensee's liquor liability insurance coverage was provided by an insurance carrier different from the general liability carrier, consequently, the certificate of insurance produced to satisfy the loan requirement did not include proof of liquor liability insurance. See,Lindberg testimony and Licensee's Exhibit A. 5. On November 9, 1989, Brian Hayes requested two months' (for October and November, 1989)premium payments to make the licensee current on its liquor liability insurance coverage. Shin-On Lindberg asked that he accept a check for one month ($786.00) which he did. Mr.Lindberg continued to believe that the liquor liability insurance coverage was in full force and effect. See.Lindberg testimony and Licensee Exhibit A. 6. On November 14, 1989, Michael Vruno, St. Paul licensing inspector, went to the licensee's place of business and confirmed that they were still in operadon. Mr. Vruno advised Mr.Lindberg that he needed to provide proof of liquor liability insurance coverage that afternoon or close business. Shin-On Lindberg visited his insurance agent the same da.y. After giving him a check in the amount of $542.00, he was provided with a Certificate of Insurance for the liquor liability coverage effective November 14, 1989. See. Lindberg testimony, stipulation of the parties (Weyandt statement on the hearing record)and Licensee's Exhibit A. 7.a. On November 16, 1989,the licensee received multiple notices that its liquor liability and generalliability insurance coverages were being cancelled. "Non-payment of premiums" and "failure to meet underwriting requirements" were both given as reasons. b. Replacement coverages were purchased by the licensee through a different insurance agent(W.A. Lang) and provided by a different insurance carrier. . ' _ � � � °��a � 3 c. The record reflects a lapse in liquor liability coverage from October 7, 1989, to November 14, 1989. d. By memo dated November 22, 1989, Shin-On Lindberg directed a complaint on behalf of the licensee to the Minnesota State Insurance Commissioner with respect to the lapse in coverage.He requested the Commissioner's assistance. Mr.Lindberg had not received a response from the Insurance Commissioner on the date of the hearing. 8. 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 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 comply with an applicable statute, rule or ordinance relating to alcoholic beverages. 3. Minn. Stat. § 340A.409 requires the licensee to maintain and provide proof of liquor liability insurance coverage in prescribed minimum amounts. 4. Section 310.07 of the St.Paul Legislative Code provides for automaric termination of the licensee's license for failure to maintain the required insurance coverage. It also provides that the licensee " . . . shall not be entitled to assert the acts or omissions of agents . . . as a defense or justification for failure to comply with such filing and maintenance requirements." 5. Section 409.26 of the S� 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 penalries for repeat violations is included in the section. The matrix does not, however, address the matter of failure to maintain required liquor liability insurance coverage. Section 409.26(fl contemplates alternative sanctions in the discrerion of the council: (fl Other penalties. Nothing in this section shall restrict or limit the authority of the council to suspend up to sixty(60) days,revoke the license, or impose a civil fine not to exceed two thousand dollazs ($2,000.00), to impose conditions or take any other adverse action in accordance with law, provided, that the license holder has been afforded an opportunity of a hearing in the manner provided for in Section 310.05 of the Code. 6. The licensee has violated Minnesota State Law by failing to provide uninterrupted liquor liability insurance overage. Although the licensee believed it had continuous coverage,its insurance agent has not provided proof of liquor liability insurance coverage for the rime period October 7, 1989, to November 14, 1989. Because the licensee may not assert its agent's errors or omissions and because the Administrative Law Judge does not have jurisdiction to determine . ' � . 9��z� 4 whether there has been an enor or omission, the licensee may not be relieved from having some adverse acdon taken against its on-sale liquor license. It is appropriate to publicly reprimand the licensee for its violation of the law and to impose a minimal fine of$100.00 against i� 7. 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: RECOMNIENDATION The Administrative Law Judge respectfully recommends that the licensee be reprimanded for its failure to provide proof of continuous liquor liability insurance coverage and directed to pay a fine in the amount of$100.00 Dated: February l� , 1990. r�� va � �� r- ��' Janice K. Fr an 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 MEMORANDUM The foregoing Findings of Fact and Conclusions aze detailed and complete and will not be repeated. It is appropriate, however, to note that Mr. Lindberg was encouraged to bring any response he may have received from the Insurance Commissioner to the St. Paul City Council as it considers the recommendations contained herein. The Assistant City Attorney did not make a specific recommendation with respect to an appropriate penalty in this case. Although there is no jurisdiction to decide what the proper result should be vis-a-vis the licensee and its former liquor liability insurance carrier, the Administrative Law Judge believes the licensee could reasonably have concluded that its coverage had not lapsed. It appears the more serious question with which every one should be concerned is whether there is coverage for any loss sustained between October 7 and November 14, 1989. Because the licensee is charged with knowledge of and strict compliance with the law,it is necessary to impose some minimal adverse action against its license in this case. �JKF 9�� o�nnmun��A �'�FIE .Q ....,.,.... � to��eoqno'.. (�'��,,� � $i�'••p.�y �'. �� . - � `:� U��*�....•} �� nrtpq 1[I�jSS�' STATE OF M I N N ESOTA OFFICE OF ADMINISTRATIVE HEARINGS ��t.:��°kn FIFTH FLOOR,FLOUR EXCHANGE BUILDING 310 FOURTH AVENUE SOUTH �� MINNEAPOLIS,MINNESOTA 55415 (612)341-7600 nf L,!� . �:�.��'�'� February 14, 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. Scanlon' s Ace Box Bar & Pub, Inc. ; OAH Docket No. 52-2101-4281-6 and City of St. Paul vs . Lindy Enterprises, Inc. dba Shin-On' s; OAH Docket No. 52-2101-4273-6 Dear Mr. Olson: Enclosed please find the original Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge in the above-entitled matters. I also enclose the official records, and I am closing our files in this matter. Si erely, � PAIGE . PURCELL Legal Secretary, OAH Telephone: 612/341-7615 PP enclosure AN EQUAL OPPORTUNITY EMPLOYER ��--� a� � � � 52-2101-4273-6 STATE OF MINNESaTA OFFICE OF ADMINISTRATIVE HEARINGS REC�.IV�'D FOR TI-� CTTY OF ST. PAUL FEg 15199D CIi'� C,..Ef::t City of St. Paul vs. Lindy Enterprises,Inc. FINDINGS OF FAC'T. d/b/a CONCLUSIONS AND Shin-On's REC011��IlViENDATIONS This matter came on for hearing before Administrative Law Judge Janice K. Franlrnlan on Monday January 8, 1990,in the St. Paul City Hall Annex, S�Paul,Minnesota. The record closed on January 16, 1990, the date the last filing was received. Thomas J. Weyandt, Assistant City Attorney, 647 City Hall, S� Paul, Minnesota 55102, appeared on behalf of the City of St. Paul ("City"). Shin-On Lindberg, General Manager, appeared on behalf of Lindy Enterprises, Inc.d/b/a Shin-On's("licensee"). 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,Attn: Albert B.Olson, City Clerk, 386 City Hall, St. Paul, Minnesota 55102. STATEMENT OF ISSUE - - - -- Whether and to what extent it is appropriate to fake adverse ac�ion against the "on sale" Intoxicating Liquors License issued June 5, 1989, to Lindy Enterprises, Inc. d/b/a Shin-On's pursuant to Minn. Stat. §§ 340A.415 and 340A.409 and Sections 310.06, 310.07 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. Lindy Enterprises, Inc. d/b/a Shin-On's Bar and Restaurant was incorporated in Minnesota in December, 1988. The corporation succeeded and replaced an eazlier Lindberg family business, Shin-On's Seafood Market and Restaurant d/b/a Shin-On's Sushi Baz & Restaurant. Shin-On's currendy dces business at 198 Western Avenue, S�Paul,Minnesota. Lawrence Lindberg is sole officer, director and shareholder of Lindy Enterprises, Inc. Shin-0n Lindberg is his son and is the General Manager of the business. 2 4. , ' An on-sale liquor license was transferred from Polo Club of St. Paul, Inc. to Lindy Enterprises, Inc. on June 6, 1989. ,�gg,Lindberg testimony and City Exhibit 1. 2. By letter dated September 27, 1989, Joseph F. Carchedi, S� Paul License Inspector, advised the licensee that his office had received notice that its liquor liability policy would be cancelled effective Ocwber 7, 1989. Mr. Carchedi wrote: . . . It will be necessary for you to send a replacement of your Liquor Liability with no lapse in coverage. If we do not receive a replacement of your On-Sale Liquor Liability with no lapse in coverage by Friday,October 6, 1989 at 4:30 P.M., you must cease selling On-Sale Liquor on Saturday,October 7, 1989 at 12:01 a.m. ,�,City Exhibit 1. 3. On October 4, 1989, Shin-On Lindberg met with Brian Hayes,insurance agent for the licensee's liquor liability insurance carrier. He inquired how he could become current in his premium payments to avoid cancellarion of the policy on October 7, 1989. He was asked to and did pay two months' premiums for August and September, 1989. Mr. Lindberg believed that he had satisfied the agent's requirement to avoid cancellation of the liquor liability insurance policy. ee,Lindberg testimony and Licensee's Exhibit A. 4. In mid-October, 1989, the licensee obtained a business loan. The licensee was required to provide proof of insurance. A Certificate of Insurance with respect to its commercial General Liability insurance coverage was provided by its insurance agen� The licensee's liquor liability insurance coverage was provided by an insurance carrier different from the general liability carrier; consequently, the certificate of insurance produced to satisfy the loan requirement did not include proof of liquor liability inswance. ,�ge ,Lindberg testimony and Licensee's Exhibit A. 5. On November 9, 1989, Brian Hayes requested two months' (for October and November, 1989)premium payments to make the licensee current on its liquor liability insurance coverage. Shin-On Lindberg asked that he accept a check for one month ($786.00)which he did. Mr.Lindberg continued to believe that the liquor liability insurance coverage was in full force and effect. �,e, ,Lindberg testimony and Licensee Exhibit A. 6. On November 14, 1989, Michael Vruno, S� Paul licensing inspector, went to the licensee's place of business and confirmed that they were still in operation. Mr. Vruno advised Mr.Lindberg that he needed to provide proof of liquor liability insurance coverage that aftemoon or close business. Shin-0n Lindberg visited his insurance agent the same day. After giving him a check in the amount of $542.00, he was provided with a Certificate of Insurance for the liquor liability coverage effective November 14, 1989. See. Lindberg testimony, stipulation of the parties (Weyandt statement on the hearing record)and Licensee's Exhibit A. 7.a. On November 16, 1989,the licensee received multiple notices that its liquor liability and general liability insurance coverages were being cancelled. "Non-payment of premiums" and "failure to meet underwriting requirements"were both given as reasons. b. Replacement coverages were purchased by the licensee through a different insurance agent(W.A. Lang) and provided by a different insurance carrier. 9� ,-�.�� 3 c. The record reflects a lapse in liquor liability coverage from October 7, 1989, to November 14, 1989. d. By memo dated November 22, 1989, Shin-On Lindberg directed a complaint on behalf of the licensee to the Minnesota State Insurance Commissioner with respect to the lapse in coverage. He requested the Commissioner's assistance. Mr.Lindberg had not received a response from the Insurance Commissioner on the date of the hearing. 8. 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 7udge makes the following: �9NCLUSIONS 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 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 comply with an applicable statute, rule or ordinance relating to alcoholic beverages. 3. Minn. Stat. § 340A.409 requires the licensee to maintain and provide proof of liquor liability insurance coverage in prescribed minimum amounts. 4. Section 310.07 of the S�Paul Legislative Code provides for automatic termination of the licensee's license for failure to maintain the required insurance coverage. It also provides that the licensee " . . . shall not be endded to assert the acts or omissions of agents . . . as a defense or justification far failure to comply with such filing and maintenance requirements." 5. 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. The matrix dces not, however, address the matter of failure to maintain required liquor liability insurance coverage. Section 409.26(fl contemplates alternative sanctions in the discretion of the council: (� Other penalties. Nothing in this section shall restrict or limit the authority of the council tio suspend up to sixty(60)days,revoke the license, or impose a civil fine not to exceed two thousand dollars ($2,000.00), to impose condidons or take any other adverse action in accordance with law, provided, that the license holder has been afforded an opportunity of a hearing in the manner provided for in Section 310.05 of the Code. 6. The licensee has violated Minnesota State Law by failing to provide uninterrupted liquor liability insurance overage. Although the licensee believed it had continuous coverage,its insurance agent has not provided proof of liquor liability insurance coverage for the time period October 7, 1989, to November 14, 1989. Because the licensee may not assert its agent's errors or omissions and because the Administrative Law Judge does not have jurisdiction to determine 4 whether there has been an error or omission, the licensee may not be relieved from having some adverse action taken against its on-sale liquor license. It is appropriate to publicly reprimand die licensee for its violation of the law and to impose a minimal fine of$100.00 against i� 7. 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: RECOMI��NDATION � The Administrative Law Judge respectfully recommends that the licensee be reprimanded for its failure to pmvide proof of continuous liquor liability insurance coverage and directed w pay a fine in the amount of$100.00 Dated: February /� , 1990. �� vl � �� r- �� Janice K. 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 MEMORANDUM The foregoing Findings of Fact and Conclusions are detailed and complete and will not be repeated. It is appropriate, however, to note that Mr. Lindberg was encouraged to bring any response he may have received from the Insurance Commissioner to the St Paul City Council as it considers the recommendations contained herein. The Assistant City Attorney did not make a specific recommendation with respect to an appropriate penalty in this case. Although there is no jurisdicrion to decide what the proper iesult should be vis-a-vis the licensee and its former liquor liability insurance carrier, the Administraxive Law Judge believes the licensee could reasonably have concluded that its coverage had not lapsed. It appeazs the more serious question with which every one should be concerned is whether there is coverage for any loss sustained between October 7 and November 14, 1989. Because the licensee is charged with l�owledge of and strict compliance with the law,it is necessary to impose some minimal adverse action against its license in this case. JKF 9 °-�� STATE OF MINNESOTA ) ) AFFIDAVIT OF SERVICE BY MAIL COUNTY OF HENNEPIN ) Janice K. Frankman of the Citv of Honkins• Coun of Hennepin, in the State of � Minnesota, being duly sworn, says that on the ' day of Februarv, 1990, she served the annexed FINDINGS OF FACT CONCLUSION OF LAW AND RDER, 52-2101-4273-6 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 Shin-On Lindberg General Manager 198 Western Avenue St. Paul, MN 55102 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 address(es), the last known address(es) of said persons. � • ! � ' � r � � Subscnbed and sworn to before me � � � �` this l�l�'r► day of Februarv. 1990. �� c Notary Public LA VON REGAW NOTA�Y F��'_;:-t:il�":_SOTA �,��; F.-,��:��,.: C^' ;JTY MY CC..7171C..��N�::�:�L-S 33A4 ha. �( a � — `-E � 3 - C,� 9� -- �� y..uin J , � ,��T* �:'`� CITY OF SAINT PAUL �4e �0.. a; .� OFFICE OF THE CITY ATTORNEY '� i�ulLliui ;= '��+ ilill�l II�1I' ^- _ EDWARD P. STARR, CITY ATTORNEY °"�u,,,�«''�.��'` 647 City Hall, Saint Paul, Minnesota 55102 RE�EIVED 612-298-5121 GEORGE LATIMER MAYOR DEC 7 �989 December 5, 1989 ��;��"�'��VE �ww�s Mr. Lawrence P. Lindberg NOTICE OF HEARING 198 Western Avenue North St. Paul , Mn. 55102 RE: City of St. Paul vs. Lindy Enterprises, Inc. dba Shin-On's Dear Mr. Lindberg: This is to notify you that the h�aring will be held concerning all the licenses held at the premises stated above at the following time, date and place: Date: January 8, 1990 Tim e: 9:00 a.m. Place: 1503-A City Hall Annsx 24 West Fourth Street St. Paul, Mn. 55102 The judge will be an Administrative Law Judqe from the State of _ Minnesota Office of Administrative Hearings: Name: Ms. Janice K. Franklin Office of Administrative Hearings Fifth Floor , Flour Exchange Building 31QJ Fourth Avenue South Minneapolis, Mn. 55415 Telephone: 933=0070 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 3101 , including sections 31A.05 and 310.06 , 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 : � 9�� a� Failure to maintain liquor liability insurance as required by section 310.07 (a) of the St. Paul Legislative Code, and section 340A.4f�9, subd. 1 , Minn. Stat. 1988. 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 bP conducted in accordance with the requirements of sections 14.57 to 14.62 of the Minnesota Statutes, and such parts of the procedures under section 310.05 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 prPSent 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 outcom e 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 docum ents , 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 docum ents in conformity with Minnesota Rules, part 140P1.7000. If you think that this matter can be resolved or settled without a formal hearing, please contact or have your attorney contact the undersigned. If a stipulation or agreement 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. �� p� . . . , If you fail to appear at the hearing, the allegations against you which have been stated earlier in this noticP 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 requested under Minnesota Statutes, section 14.60, subdivision 2. Sincerely, THOMAS J. WEYANDT Assistant City Attorney cc: Joseph F. Carchedi License Inspector A1bPrt B. Olson City Clerk Paige Purcell Office of Administrative Hearings Kris Van Horn Licerise Enforcement Auditor Mr. Greg Finzell , CO Summit U Planning Council _�_r� Q �.� f-- O 'Q � � L� � � � = N � U �� _ bD N � b0•rl ' �'d •r1 r—I .`' � �J � � t ' � W �, x - � � 1 v � � � ,s o- �, �? a� � � �� , � � �� - , �,ft1s a-�,� ��t . cd U O �1 � � �� f � W — � � � � ,N � � � � ._ C � .� o � � bw � �; � a � _.� .� � � � � � �� 000 � o .� o � a ` � a�r+ o � � � � w � � ( • w ..� o � � o �M � N O � � u'� � � � O Z c � c � � H F- Q � � � H y V � w `d 2 � I— — � � � _ w y V U � n � � � � a��«�� v � 0 k� e � 'n��°o ivs}�. + . . . �(.. J �f� V Y � 1 ��', s� � 4 r . r � . � i � � � 1 � , . . g �--�� January 5, 1990 I hereby certify that the attached is a true and exact copy of the records of the License & Permit Division of the City of St. Paul for Lindy Enterprises, Inc. DBA Shin-On's at 198 North Western Avenue. Jan dalen, Office Manager � '- .�" y� Date M ��'";� KRiSTINA L.VAN HORN x `'�' NOTARY PUBLIC—MINNESOTA � DAKOTA COUNTY 1 My Commission Expires Jan. 2, 1992 � w�vvvvwwV�� vv m . � - YCa-".J� � ' � G� �' f ' � �/ 3'� n ;� .'� �' o l,`�� D � � ' Page 1 of 3 �fd—�Z� .�— •°"'•• � CITY OF SAINT PAUL `� �� DEPARTMENT OF FINANCE AND MANAGEMENT SERVICES : � , '• -' DIVISION OF LICENSE AND PERMIT ADMINISTRATION "'� Room 203.City Hall Geof�e latimer Saint Pwl.Minneson 55102 �a September 27, 1989 Lindy Enterprises, Inc. Shin-On's 198 N. Western Ave. St. Paul, Minn. 55102 � Dear Sir: Our office has received notice (copq attached) that your On Sale Liquor Liability Policq # 1�TLLg90318 will be cancelled effective October 7, I989. It will be aecessary for you to send a replacement of your Liquor ! Liabilitq with no lapse in coverage. If we do not receive a replacement of your On Sale Liquor Liability with no lapse in coverage by Fridaq, October 6, 1989 at 4:30 P.M., you must cease selling On Sale Liquor oa Saturday, October 7, 1989 at 12:01 A.M. Sincerely, � ' Joseph F. Carchedi License Inspector JFC/ms attachment cc: Rris Van Horn, License Enforcement Auditor Phil Byrne, City Attozney State of Minnesota Liquor Control Deputq License Inspector . Page 2 of 3 �� ` �°�°� NOTICE OF CANCELLATION OR NONRENEWAL oF **LIQUOR LIABILITY** RIND OF POLICY P�ICY N0. ISSUED THROUGH AGENCY OR OFFICE AT: CANCELLATION OR TERMINATION WILL TAKE EFFECT AT: DATE OF NOTICE Twin Cfity 6roup IDATE) {MOU11—STANDARDTIME) MNLL890318 St. Louis Park, MN 55416 10/07/89 12:01 A.M. 9/25/89 COPY OF NOTICE SENT TO NAMED INSURED INSURANCE Park Glen National Insurance Co. COMPANY 4500 Park Gl en Road Minneapolis, MN 55416 � ; � m � -� �,� NAME AND Shi n-On's Bar & Restaurant ^� �°� ADDRESS 198 Western Avenue °' ;n�c OF INSURED St. Paui , MN 55102 s �� -i _ � N { (Applicable item marked�) � CANCEL• � You are hereby notified in accordance with the terms and conditions of the above mentioned policy that your insurance will cease at and from the haur LATION and date mentioned above. , If the premium has been paid, premium adjustment will be made as soon as practicable after cancellation becomes effective. If the premium has not been paid, a bill for the premium earned to the time of cancellation will be forwarded in due course. � You are hereby notified in accordance with the terms and conditions of the above mentioned policy that your insurance will cease at and from the hour and date mentioned above due to ianpayment of premium. A bitl for the premium earned to the time of cancellation will be forwarded in due course. NON• You are hereby notified in accordance with the terms and conditions of the above mentioned policy that the above mentioned policy will expire effective RENEWAL � at and from the hour and date mentioned above and the policy will NOT be renewed. iMrORTANT � In compliance with the fair Credit Reporting Act(Public Law 91-508), you are hereby iMormed that the action taken above is being taken wholly or partly NOTICE because of information contained in a consumer report from the following consumer reporting agency: — �:�w. • � — � �. �. � ; � '�y,��}� . .i�r...�. .. l� . �(�;h�� x".�Ltn?�7'r� TO LIENHOLDER: You are hereby notified that the agreement under the Loss Payable Clause payable to you as Lienholder, which is a part of the above policy, issued to the above insured, is hereby cancelled lor terminated) in accordance with the conditions of the policy,said cancellation(or termination)to be effective on and after the hour and date mentioned above. �� -��G� -----�----�....................................................�-�-�----.... . Authorized Reptese�btfve Park Glen National Insurance Co. � INSURANCE . v.� COMPANY 4500 Park G1 en Road Minneapolis, MN 55416 NAMEAND . City of St. Paul ADDRESS . C i ty H a 11 oF�i�• . 15 W. Kellogg Blvd. HOIDER St. Paul , MN 55101 _ �•��, GU 8811b (Ed.3•73) �^�••� � 0 �eea �"'01""°� LIENHOLOER'S COPY . `� �,� g �C�� PaQ of � ..�_��. . CERTIFICATE OF INSURANCE ,�UE DATE(MMIDDIYY) ; . � (X) 11/14/89 'OU� TNIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RICiHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND. : T W I N C I T Y GR OU P EXTENO OH ALTER THE COVERA(iE AFFORDED BY THE POLICIES BELOW ___....__... ___.__._ _._..__.-----..___.------ _ 4500 PARK 6LEN RD. COMPANIES AFFORDING COVERAGE ST. LL'UIS PARK � MN 55416 __,�__ _. ca�""v A `� _ __ PARK.__GLEN NATI ONAL INS. CO cooe suacooa __._._.__._..._...._ .. _ . _. _ - -_.._....._.......__......_.............._.__... _..._ c�"''ro g iNSUnec �� `�"�""v C SHIN—ON'S BAR E RESTAURANT .`� � _ _ _ . ! � 198 WESTERN AYENUE � p � T ST. PAUL� MINNESOTA 55102 ' . .. ..,.. .. � T ; COMPANY E .�; �� . LETTER �� ' COVERAGES . _ . � _,�„�� THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR T OLSC'+F.J�RIOD INOICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDfTION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPE�O 1�II�Fi THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFWRDED BY TFIE POUCIES OESCRIBED HEREIN IS SUBJECT T�LL THE TERMS, EXCLUSIONS AND CONDITIONS OF 3UCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. �;;� == ..� � TYPE OF INBURANCE POUCY NUMBER �uCY EFFECTIVE PO�ICY EXPIRATION ��MITS�f1�10U�„ SANOS �Tq DATE(MM/DO/YY) OATE(MM/OD/Y� �iENERAL LIABIIITY CiENERAI AO(iREl3ATE S COMMERCIAL GENERAL UABILITY PROOUCTSCOMP/OPS M3(iREGATE S CLAIMS MADE OCCUR. PERSONAI.3 ADVERTISING INJURY S OWNER'S 3 CONTRACT�i'S PROT. EACM OCCURRENCE S FIRE DAMAGE(My ons Nro) S MEDICAL EXPENSE(Any ons peroon) S AUTOMOBILE LIAlIUTY COMBINED ' SINOLE S ANY AUTO LIMR , ALL OWNED AUTOS BODILY � INJURY S SCHEDULED AUTOS (P�Ps�s�) � NIRED AUTOS BODILY �� INJURY S � NON-OWNED AUTOS (Per accident) GARAGE LIABIIITY ppppEp7y ; OAMAGE s � EXCESS UABILITY EACH AGGREfiATE � OCCURRENCE � S S OTHER THAN UMBRELU FORM ' . . .._._. ... . _ ..._ ._._...._ _.. .. . . . . . ....... _ . .. ._... .. .. j WORKER'S COMPENSATION STATUTORY • i s (EACH ACCIDENn ! ANO � _ (DISEASE—POLICY LIMI'n I EMPIOYERS'LIABILITY S (DISEASE—EACH EMPLOYEE); __ __ OTNER LIOUOR I.IABILITY MNLL890514 11-14-89 5-31-90 5300,000 . AGGREGATE _ _ . _ ._ . _ _ DESCRIPTION OF OPERATIONS/LOCA STIMCT�NB/SPECIAL ITEMS � 50s000 BODILY INJURY/EA PERSON• 5100�000 BODILII INJURY/EA COMMON CAUSE ' S 10�000 PROPERTY OAMA6E/EA COMMON CAUSE� s 50s000 LOSS OF MEANS OF j SUPPORT/EA PERSONs t100 000 LOSS OF MEANS flF SUPPORT/EA COMMON CAUSE ' CERTIFICATE HOLDER ,.: CANCELLATION � .. ... ,. . .:.. I _. _ _ .. . , _: SF�ULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE � D(PIRATION DATE THEREOF, THE IS3UING COMPANY WILL ENDEAVOR TO : C I T Y OF St. Paul i„uu� lODAYS WRITTEN NOTICE TO THE CERTIFlCATE MOI.�ER NAMED TO T"� � C I TY HALL IEFT, BUT FAILURE TO MAIL SUCH NOTiCE SHAL MPOSE NO OBLIGATION OR � 1 S M E 5 T KEL LO GG B LVO• WBILITY OF A KIND U HE COMPANY,ITS G TS OR REPRESENTATIVES. ST. PAUI� MINNESOTA 55101 ,��, �✓ � /__ + D � (nr�!(R��1 ACORD 25-S(3/88) � RD CORPORATION 1988 LICENSE NO. � CITY OF SA!?VT PAUL FEE $3 5 5 4.2 5 ' 54827 � LICENSE 8c �F'RM�i DlVISION L I C E 9� �� NSE INTOXICATING LIQUORS "ON SALE" 1ST HALF:$1777.13 2ND HALF:$ THIS CERTIFIES THAT LINDY ENTERPRISES INC HAVING PAID TIiE ABOVE FEE AND HAVING COMPLIED WITH OTHER ORDINANCE REQUIR.EMENTS IS HEREBY AUTHORIZED TO SELL INTOXICATING LIQUORS "ON SALE" IN ACCOR.DANCE WITH THE PR.OVI3ION3 OF ORDINANCE NO.7b37,APPROVED JANUAR.Y 18,1934,BUT SUBJECT TO ANY AMENDMENT OR AMENDMENTS OF SAID OR.DINANCE NO.7637,IN THE FOLLOWING DESCRIBED PORTION3 ONLY OF THE BUILDING 3TRUCTURE KNOWN A3 SHIN—ON�S LOCATED AT 198 N WESTERN AVE ST PAUL MN 55102 THIS LICENSE MUST BE KEPT POSTED IN A CONSPICUOUS PART OF THE ABOYE PLACE OF BUSINESS NOT TRANSFERABLE FROM PERSON TO PERSON OR PLACE TO PLACE THI3 LICEN3E I3 ISSUED 3UBJECT TO THE PROVI3ION3 OF ALL OR.DINANCES OF THE CITY OF ST.PAUL,MINNESOTA,AND MAY BE REVOKED AT ANY TIME IF 3AID PROVLRION3 ARE VIOLATED. THI3 LICENSE EXPIRE3 0 5/31/9 0 DATE OF IS3UANCE 06/05/89 LICENSE INSPECTOR 12/20/89 I hereby certify that this is a true and exact copy of the records of the License & Permit Division of the City of St. Paul for Lindy Enterprises, Inc. DBA Shin-On's at 198 North Western Avenue. � V C,,.� � Kris Van Horn, License Enforcement Auditor r tz IZO � �`/ '� �e: ,�^�'�' ' Date_ `:� ,� � �� -� = ` S?' ` `�'�' r�; � a �� - �`. �, . :_� i;r.S��:.x' ��SU�f�"�""YEOr,� �� `� �3 Y '�` "`�•i`••`� My Com:ri;,ion Expires Mar.2`I,'1991 .. .� _„-..-:�:>s LICENSE NO. CITY (3F SAI�°JT PAUL FEE COLLECTED 54827 LICENSE AND PERMIT DIVISION $1063.50 LICENSE �o�� POST LICENSE IN A CONSPICUOUS PLACE THIS IS TO CERTIFY THAT LINDY ENTERPRISES INC DOING BUSINESS AS SHIN-ON'S PLACE OF BUSINESS 198 WESTERN AVE N ST PAUL, MN 55102 HAVING PAID THE ABOVE FEE AND COMPLIED WITH OTHER ORDINANCE REQUIREMENT3 APPLICABLE THERETO,I3 HEREBY AUTHOR.IZED TO CONDUCT THE BUSINE33 OF: SUNDAY ON SALE LIQUOR (1) - $200.00 NOTTRANSFERABLE RESTAURANT 14HRS 100S OR MORE-D (1) - $455.50 FROM PER40N TO PERSON ENTERTAINMENT-CLASS 3 (1) - $408.00 OR PLACE TO PLACE THIS LICEN3E I3 ISSUED SUBJECT TO THE PROVI3ION3 OF ALL ORDINANCES OF THE CITY OF ST.PAUL,MINNE30TA AND MAY BE REVOKED. TAIS LICENSE EXPIRE3 0 5/31/9 0 DATE OF ISSUANCE 06/05/89 LICENSE INSPECTOR 12/20/89 I hereby certify that this is a true. and exact copy of the records of the � License & Permit Division of the City of St. Paul for Lindy Enterprises, Inc. DBA Shin-On's at 198 North Western Avenue. �� Kris Van Horn, License Enforcement Auditor � �z �Za � � Date � �� '� � �, ��°' �s� �, ;� , � , � � � „S ,� � q: �r.. _. 4;; P;, C":P, � n„ *- 1+` �� . _ .° . 3�� 3 Q� ..,. �lly .r_.r. ,, .„ �. '� 5:.�1 �° ��AtT�AV�8�9�'�4'e�`6�:�?:�yF;N��G.5��3er,�' 'bYd�y>t`FriSti'�i'.',�.3A� � � LINDY ENTERPRISES, INC. 198 N. Westerrf Ave�� DBA Shin-On's ID #2492216 On Sale Liquor (C) (Trfr. ) 54827 5-31-89 * Sunday On Sale Liquor (Trfr. ) 54827 5-31-�9 * * Trf r. f rom Polo Club of St. Paul , Inc. DBA Largo Yacht . .. .: - Club #92803 6/6/89 C.F. 89-999 On Sale Liquor(C) 54827 5-31-90 � Sunday On Sale 54827 5-31-90 ON� SALE;,LIQUOR CARD ��1 r vr w av .-+ O f �� m cn ° r� � �" C� n �•m 7d cD � � _ -v om _. ._ � . � � � `� `� � 198 No. Western Ave. #100 551(i2 ' ID #3871368 J. 1�1 � N ci m � �' Polo Club of St. Paul , Inc. DBA Largo Yacht Club � � Restaurant (D) 92803 5-31-89 * � � Entertainment III 92803 5-31-89* 0 0 . * Trfr. to Lindy Enterprises, Inc. DBA Shin-On's #5�827 � � 6/6/89 C.F. 89-999 7° «°� Li ndy Enterpri ses, Inc.- DBA Shi n-On's � Restaurant (D) (Trfr. ) 54827 5-31-89 ** � Entertainment III (Trfr.) 54827 5-31-89 ** ** Trfr. from Polo Club of St. Paul , Inc. DBA Largo Yacht � Z Club #92803 6/6/89 c.F. 89-999 n N , o � SUPPORTING LIQUOR CARD ��2 � m � r � � A ! � O � � � -- ----- ---------- -- 198 No. Western Ave. 4�100 55102 - �� ,' ID4t2492216 Lindy Enterprises, Inc dba Shin-On's Restaurant(D) 54827 5-31-90 En�ertainment III 54�27 5-31-90 12/20/89 SUPPORTING LIQUOR CARD ��1: I �}ereby certify that this is a true and exact copy of the records of the License and Permit Division of the City of St. Paul for Lindy:.Ente�prises, Inc. DBA Shin-On's at 98 North West n enue. � �ti.o �0�,,,- �� ' �' Kris Van Horn ?4��7 a ;..+..;� �+k^� �' License Enforcement Auditor . � t._�a�.s_:x.. o: _ .. . - �. ' T ,zi Z �l � �`'1 . Date ,_ _. , . .�.:,�a_:�.. � - � � �r�-� z3 lz 164 2-9-89 Bond - Western Sur�ty Co. #41621541 Exp. 5-31-90 .. 2-g-89 Liq. Liab. - Park Glen Natl Ins. Co. #PqPJLL890156 Exp. 5-31-89 - : 5-30-89 Liq Liab - Park Glen Nat'1 Ins. Co, �MNLL890318, x 5-31- 0 � 6�1�89 �a�i appn �o trfr On sale Liquor Sunday, Rest. & Entertair�mRent III froen Polo Club of St. Ra�,6�g�99aba Larg C�.u� �t the aame a dress. LAYED CNE ��9 APP D C.F. �9-999 g_26-89 Liq liab NWLL890318 canc eff 10-7-89 i 11-14-89 Park Glen Nat'1 Ins Liq liab Pol NIlVLL890514 reinstated from 11-14-89 to 5-31-90 � 11-17-89 Park Glen Nat'1 Ins Co. #MNLL890514 canc eff 11-28-89(Liq Liab) i ll1-27-89 Transcontinental Ins Co. Po� #LLP7502947 , . exp.5-31-90 BACK OF LIQUOR CARD ��1 December 20, 1989 I hereby certify that this is a true and exact copy of the records of the License and Permit Division of the City of St. paul for Lindy Enterprises, Inc. DBA Shin-On's at 198 North Western Avenue. ��Y�� Kris Van Horn License Enforcement Auditor � ' izlz-O��`l Date :� f n r MG;ujLL11VG � iC—ti<;'d�vES07A �, r � : C..�;?�alTY ` �Y C�r r� .i��cr.pie^ 1�lar.27, .:^��9ie9G�:i.3As"y�AC�i.,�C'JS�AB�&VhJ.�'q, ��. + � 7� ' �� ---�, k� Ex�'� LICENSES §310.01 F" �.�, '; `e.;�. ;'' SUBTITLE A. IN GENER;AL Legtislatiue Code Chapter 310. Uniform License Procedures Class I Licenses Chapter Automobile Repair Garage and Sec. 310.01. Definitions. Body Shop 315 Animal Foods Manufacturing and For the purposes of this chapter, any chapter of Distributing 316 the Legislative Code pertaining to licenses as here- Amusement Rides 317 inafter mentioned, and subsequently enacted ordi- Mechanical Amusement Devices 318 nances establishing or relating to the requirements Bill Posters 319 for Class I, Class II and Class III licenses under Bituminous Contractors 320 authority of the City of Saint Paul, the terms Boarding and Roominghouses; de�ned in this section shall have the meanings Dormitories 321 ascribed to them: Bowling Alleys; Pool Halls 322 Christmas'IYee Sales 323 Aduerse action means the revocation or suspen- Cigarettes 324 sion of a license, the imposition of conditions upon Close-Out Sales 325 a license,the denial of an application for the grant, Building Contractors 326 issuance, renewal or transfer of a license, and Dry Cleaning and Dry Dyeing any other disciplinary or unfavorable action taken plants; Laundries 327 with respect to a license, licensee or applicant for Electrical and Appliance Repair 328 �,,,�;� a license. Fire Alarm—Telephone Devices; Sz�`..:.. �'�'�;Y:::� Apparatus Installers 329 .,.�,,,,.'�,,+�`-'� Bond means a bond meeting the requirements of Section 310.07 and indemnifying the City of Florists 330 Saint Paul against all claims,judgments or suits Food License 331 caused by, resulting from or in connection with Fuel Dealers—Liquid Fuel 332 any licensed business, activity, premises, thing, Fuel Dealers—Solid Fuel 333 facility, occurrence or otherwise under these Fumigating—Pest Control 334 chapters. Gasoline Filling Stations 335 Private Fuel Pumps 336 Building of�cial means the supervisor of code Hardware Stores 337 enforcement in the department of community House Sewer Contractors 338 services. Ice Cream Processing and Distrib- uting 339 Chapters and these chapters shall mean this Mercantile Broker 340 Uniform License Ordinance, any chapter of the Milk 341 Legislative Code pertaining to licenses as here- Oil—Bulk Storage 342 inafter mentioned, and subsequently enacted ordi- Opticians 343 nances establishing or relating to the requirements Pawn Shops 344 for Class I, Class II and Class III licenses under Peddlers 345 authority of the City of Saint Paul. Soliciting 346 Pet Shops 347 Class I licensc>s means those licenses which can Radio and Television Repairs 348 be approved and issued or denied by the inspec- Rental of Clothing 349 tor, subject to the procedures required by these Rental of Hospital Equipment 350 chapters. The following licenses are so classified, Rental of Kitchenware 351 ,,,�;,., and the numbers shown opposite them correspond ftental of Trailers 352 � '� to the chapters in the Legislative Code pertaining Roller Rinks 353 � ,� to each license: Sanitary Disposal 354 :� Supp.No.4 ' 2027 , . 9�-� z3 §310.01 LEGISLATNE CODE tF t � !,.•xr.:'-f'-:� G'•_ ;_':J;7" Legislatiue Legislative Code Code Class I Licenses Chapter Class III Licenses Clzapter Secondhand Dealers 355 Auctioneers 400 Sidewalk Contractors 356 Motor Vehicle and Parts Dealer 401 Solid Waste 357 Bingo 402 Sign and Billboard Construction 358 Bingo Halls 403 Sound Trucks and Broadcasting Private Clubs 404 Vehicles 359 Dance Halls 405 Public Swimming Pools 360 Game Rooms 406 Tow Trucks—Service Vehicles 361 Hotel 407 Tree�imming 362 Junk Salvage and Scrap 408 Vending Machines 363 Intoxicating Liquor 409 Veterinary Hospital 364 Nonintoxicating Liquor 410 Window Cleaning 365 Entertainment 411 Block Parties 366 Massage Parlors and Saunas 412 Tattoo Parlors 367 Conversion Parlors 413 Wrecking of Buildings 368 Masseur-Masseuse 414 Building 1Yades Business Licenses 369 Motion Picture Theatres 415 Building Trades Certificates of Motion Picture Drive-In Theatres 416 Competency 370 Parking Lots 417 Finishing Shop 371 Taxicabs 418 - Tire Recapping Plants 372 Gambling License 419 _='-� Transient Merchants 373 �=_�"�:"��y Class II licenses means those licenses which Director means the director of the department °_-' must be approved or denied by the director, sub- of finance and management services, unless oth- ject to the procedures required by these chapters. erwise defined in the specific chapter, section or The following licenses are so classified, and the subdivision referred to. numbers shown opposite them correspond to the Division means the division of license and per- chapters in the Legislative Code pertaining to mit administration in the department of finance each license: and management services. Legislative Class II Licenses Code Fee means and includes both the license fee and application fee unless otherwise provided. Auctioneers—Short Term License Chapter 390 City Gambling Permit Section 402.06 License means and includes all licenses and Soliciting Funds—Tag Days Chapter 391 permits provided for or covered by these chapters. Temporary On-Sale Beer Section 410.10 Temporary Wine and Liquor Section 409.25 Person means and includes any person, firm, corporation, partnership, company, organization, Class III licenses means those licenses which agency, club or any group or association thereof. can be approved or denied only by the council, It shall also include any executor, administrator, subject to the procedures required by tliese chap- trustee, receiver or other representative appointed ters. The following licenses are so classified, and by law. the numbers shown opposite them correspond to Zoning administrator means the supervisor of the chapters in the Legislative Code pertaining to each license: code enforcement in the department of commu- � Supp.No.4 --' 2028 . � � � � = LICENSES §310.02 nity services, or the official charged with respon- If a license is issued, renewed or transferred be- sibility for enforcement of the zoning code. cause of the existence of an agreement as described (Code 1956, § 510.01;Ord.No. 17303, § 3, 10-29-85; in subsection (1) above, the license may be re- Ord. No. 17569, § 1, 6-7-88) voked if the licensee defaults upon such agreement. Sec. 310.02. Application. (c) Additional information. The inspector shall prescribe the information required to be submit- (a) Form. All applicants for licenses or permits ted by each applicant in his application, in addi- issued pursuant to these chapters shall make both tion to that required by specific sections in these original and renewal applications to the inspector chapters, as may be necessary to carry out and on such forms as are provided by the division. enforce any provision hereunder. He shall require Such applications shall not be received by the in every case the applicant to submit his name; inspector until completely filled out, accompanied business or corporate name; names of partners, by all fees, insurance policies, bonds, deposits, officers,directors,shareholders or trustees involved sureties, and indemnifications or certificates re- in the business; age; address; description or blue- quired by these chapters, together with the certi- print of the premises,if any,and the owner thereof, fication required in paragraph(b)below. and locations and addresses of other business lo- cations in Minnesota. (b) Taxes. No person shall be granted a license, a renewal of a license or transfer of a license (d) No reapplication within one year after de- required by the Saint Paul Legislative Code un- nial or reuocation. No person may apply for any less, prior to and in addition to any other require- license within one year of the denial or revoca- ments,rules or ordinances heretofore or hereafter tion of the same or similar license by the city � required, the Ramsey County Department of Prop- council, if such denial or revocation was based _ erty Taxation certifies that said applicant has solely or partially upon misconduct or unfitness �- paid any and all taxes, real or personal, before of the applicant, evidence of violations of law in- said taxes become delinquent, on any property, volving licensed premises, evidence that the ap- real or personal, situated within the City of Saint plicant had been involved in the operation of a Paul and used in connection with the business nuisance, or fraud or deception in the license ap- operated under said license. plication. Denial of a license, as used in this para- graph, shall include a refusal of permission to Notwithstanding the previous paragraph, the transfer a license to the applicant. A license is council, the director or the inspector may issue, "similar," within the meaning of this paragraph, renew or transfer a license if it is found that: if the basis upon which the revocation or denial of (1) The applicant has made an agreement sat- the original license was made would have been a isfactory to the Ramsey County attorney to relevant basis on which to deny or revoke a li- pay delinquent taxes in periodic installments; cense of the type subsequently applied for. (2) The applicant has properly commenced a �e) Reapplication after denial; "interest" of ap- plicant in reuoked license. An application by a proceeding to contest the amount of tax person ha��ing an interest in,or whose sharehold- due or the valuation of his property, and ers or officers have an interest in, any premises has made all partial payments required by or enterprise whose license has been revoked or law in connection with such proceeding; or to which a license has been denied shall be treated (3) The business property with respect to which as an application by the person whose license was taxes are delinquent is not owned by the denied or revoked. The term "interest," as used applicant, but by a lessor, and it would be in this paragraph, includes any pecuniary inter•- inequitable to require the lessee to pay such est in the ownership, operation, management or taxes. profits of an establishment, but does not include: -� Supp.No.4 2029 . �a-� � 0:3i0.O1 LEGISLATIVE CODE bona fide loans;bona fide rental agreements;bona priate, the assistance of other city divisions or fide open accounts or other obligations held with departments in making additional investigations or without security arising out of the ordinary for the purpose of determining whether the appli- and regular course of business of selling or leas- cant is or will be in compliance with all applica- ing merchandise, f"ixtures or supplies to such es- ble ordinances and statutes. The approval of such tablishment; an interest in a corporation owning other divisions or departments is not required for or operating a hotel but having at least one hun- issuance of a license unless otherwise required by dred fifty (150) or more rental units holding a specific sections in these chapters. All new appli- license in conjunction therewith; or ten (10) per- cations shall be reviewed by the zoning adminis- cent or less interest in any other corporation hold- trator or his designee for compliance with all re- ing a license. quirements of the Saint Paul Zoning Code, and no new license shall be granted without full com- (� Prohibition on reapplication; exception. The pliance with said requirements. All new applica- prohibition on reapplication herein provided shall tions involving a premises, location, building or not apply in cases where it is otherwise expressly structure shall be referred to the director of the provided by statute or ordinance. department of fire and safety services and to the l�;) Wcciting period af't<�r fling of petitiorz. Any building official for investigation and recom- petition required to be filed with the application mendation. for any license shall not be considered as o�c- (Code 1956, § 510.03; Ord. No. 17361, § 1, 6-5-86) ially filed and irrevocable until seven(7)working days after a petition is received in the inspector's Sec. 310.04. Levels of approval;recotnmenda- office. During the seven-day waiting period, any tions. sign�tor of any petition may withdraw his name (a) Class I licenses. Where an application for ther•efrom by written request, and such request the grant,issuance,renewal or transfer of a Class shall be appended to the subject petition and made I license meets all the requirements of law, and a part thereof. After the seven-day waiting peri- there exists no ground for denial, revocation or od, signatures may not be withdrawn unless it is suspension of,or the imposition of conditions upon, shown they were obtained by fraud or duress. such license,the inspector shall grant,issue,renew Signatures withdrawn or obtained by fraud or or transfer said license in accordance with the duress shall not be counted in determining the application. sufficiency of the petition. This subdivision shall apply in any case where the applicant for a li- (b) Class II licenses. Where an application for cense or license transfer must present a state- the grant, issuance,renewal or transfer of a Class ment in writing signed by a specified number or II license meets all the requirements of law, and percentage of persons that they have given their there exists no ground for denial, revocation or consent to the grant of the license or license transfer. suspension o�,or the imposition of conditions upon, (Code 1956, § 510.02) such license,the director shall require the inspec- tor to grant, issue, renew or transfer said license Sec. 310.03. Investigation and review of new in accordance with the application. applieations,ete. (c) Class I and Class II licenses, if denied by The inspector shall determine the sufficiency inspector or director. In the event the inspector, and accuracy of each new application and obtain in the case of Class I licenses, or the director, in such criminal history information as may be used the case of Class II licenses, determines that the under Minnesota Statutes, Chapter 364, and is application for grant, issuance, renewal or trans- otherwise available by law. The inspector shall fer of the license does not meet all the require- make reasonable and appropriate investigation ments of law or that there exist grounds for deni- of the premises or personal property, vehicles or al, revocation, suspension or other adverse action facilities, as may be involved in or related to the against the license or the licensee, the inspector licensed activity, and shall request, where appro- or director shall recommend denial of the applica- �' -,,::� Supp.No.4 --- 2030 . �� - � � � LICENSES 6 310.05 tion and follow the procedures for notice and hear- determination that the decision was based on an ing as set forth in Section 310.05. error of law.The filing of an appeal shall not stay (d) Class III licenses. Upon receipt of a fully the issuance�of the license. completed application and required fees for a Class �Code 1956, § 510.04; Ord. No. 17455, § 1, 5-21-87; Ord. No. 17551, § 1, 4-19-88) III license, and after the investigation required, � the inspector shall notify the council. A public hearing shall be held by the council's committee �c. 310.05. Hearing procedures. designated to hear license matters on the grant, (a) Adverse action; notice and hearing require- issuance or transfer of all Class III licenses. The ments. In any case where the council may or in- council's committee designated to hear license mat- tends to consider any adverse action, including ters may hold a hearing on the renewal of any the revocation or suspension of a license, the im- Class III license. In any case where the inspector position of conditions upon a license,or the denial recommends denial of the grant, issuance,renewal of an application for the grant, issuance, renewal or transfer of a Class III license, or where the or transfer of a license, the applicant or licensee council s committee designated to hear license mat- shall be given notice and an opportunity to be ters believes that evidence might be received at heard as provided herein. The council may con- the public hearing which might result in action sider such adverse actions when recommended by adverse to the application, the inspector or coun- the inspector, by the director, by the director of cil's committee designated to hear license mat- any executive department established pursuant ters shall follow the procedures for notice and to Chapter 9 of the Charter, by the city attorney hearing as set forth in Section 310.05. Where the or on its own initiative. application for the grant, issuance, renewal or transfer of a Class III license meets all the re- (b) Notice. In each such case where adverse ac- quirements of law,and where there exists no ground tion is or will be considered by the council, the for adverse action, the council shall by resolution applicant or licensee shall have been noti�ed in direct that the inspector issue said license in ac- writing that adverse action may be taken against cordance with law. the license or application, and that he or she is entitled to a hearing before action is taken by the (e) Appeal; Class I or Class II licenses. An ap- council. The notice shall be served or mailed a peal to the city council may be taken by any reasonable time before the hearing date, and shall person aggrieved by the grant, issuance, renewal state the place, date and time of the hearing. The or transfer of a Class I or Class�I license; provid- notice shall state the issues involved or grounds ed,however,that the appeal shall have been filed upon which the aciverse action may be sought or with the city clerk within thirty (30) days after �ased. The council may request that such written the action by the license inspector or director. notice be prepared and served or mailed by the The only grounds for appeal shall be that there inspector or b�� the city attorney. has been an error of law in the grant, issuance, y renewal or transfer of the license. The appeal (c) Hearing. Where there is no dispute as to the shall be in writing and shall set forth in particu- facts underlying the violation or as to the facts lar the alleged errors of law. The council shall establishing mitigating or aggravating circum- conduct a hearing on the appeal within thirty(30) stances, the hearing shall be held before the coun- days of the date of filing and shall notify the cil. Otherwise the hearing shall be conducted be- licensee and the appellant at least ten (10) days fore a hearing examiner appointed by the council prior to the hearing date. The procedures set forth or retained by contract with the city for that pur- in Section 310.05, insofar as is practicable, shall pose. The applicant or the licensee shall be pro- apply to this hearing. Following the hearing, the vided an opportunity to present evidence and ar- council may aff'irm or remand the matter to the gument as well as meet adverse testimony or inspector or director, or may reverse or place con- evidence by reasonable cross-examination and re- ditions upon the license based on the council's buttal evidence.The hearing examiner may in its Supp.No.8 2031 . r� r � � §310.05 LEGISLATNE CODE '`��'�' �y discretion permit other interested persons the op- (� Council action; resolution to contain findings. portunity to present testimony or evidence or oth- Where the council takes adverse action with re- erwise participate in such hearing. spect to a license, licensee or applicant for a li- (c-1) Procedure; hearing examiner. The hearing cense,the resolution by which such action is taken examiner shall hear all evidence as may be pre- shall contain its findings and determination, in- sented on behalf of the city and the applicant or cluding the imposition of conditions, if any. The licensee, and shall present to the council written council may adopt all or part of the findings, con- �ndings of fact and conclusions of law, together clusions and recommendations of the hearing ex- with a recommendation for adverse action. aminer, and incorporate the same in its resolu- tion taking the adverse action. The council shall consider the evidence contained in the record, the Y:earing examiner's recommended �g� Additional procedures wJzere required Where findings of fact and conclusions, and shall not the provisions of any statute or ordinance require consider any factual testimony not previously sub- additional notice or hearing procedures, such pro- mitted to and considered by the hearing examin- visions shall be complied with and shall super- er. After receipt of the hearing examiner's find- sede inconsistent provisions of these chapters.This ings, conclusions, and recommendations, the council shall include,without limitation by reason of this shall provide the applicant or licensee an oppor- speci�c reference, Minnesota Statutes, Chapter tunity to present oral or written arguments alleg- 364 and Minnesota Statutes, Section 340A.415. ing error on the part of the examiner in the appli- (h) Discretion to hear notwithstanding withdrawal cation of the law or interpretation of the facts, or surrender of application or license. The council and to present argument related to the recom- may, at its discretion, conduct a hearing or direct mended adverse action. Upon conclusion of that that a hearing be held regarding revocation or hearing, and after considering the record, the ex- denial of a license, notwithstanding that the ap- - aminer's findings and recommendations, together plicant or licensee has attempted or purported to with such additional arguments presented at the withdraw or surrender said license or application, hearing,the council shall determine what,if any, if the attempted withdrawal or surrender took adverse action shall be taken, which action shall place after the applicant or licensee had been be by resolution.The council may accept,reject or notified of the hearing and potential adverse action. modify the f"indings, conclusions and recommen- dations of the hearing examiner. (i) Continuances. Where a hearing for the pur- pose of considering revocation or suspension of a (c-2) Ex-parte contacts. If a license matter has license or other disciplinary action involving a been scheduled for an adverse hearing, council license has been scheduled before the council, a members shall not discuss the license matter with continuation of the hearing may be granted by each other or with any of the parties or interested the council president or by the council at the persons involved in the matter unless such dis- request of the licensee, license applicant, an in- cussion occurs on the record during the hearings terested person or an attorney representing the of the matter or during the council's �nal delib- foregoing, upon a showing of good cause by the erations of the matter. party making the request. (d) Licensee or applicant may be represented. �Code 1956, § 510.05; Ord. No. 17551, § 2, 4-19-88; The licensee or applicant may represent himself Ord.No. 17559, §§ 1,2,5-17-88;Ord.No. 17659, § or choose to be represented by another. 1, 6-13-89) (e) Recorc�evidence. The hearing examiner shall Sec. 310.06. ftevocation; suspension; adverse receive and keep a record of such proceedings, actions;imposition of conditions. including testimony and exhibits, and shall re- ceive and give weight to evidence, including hear- (a) Council may take adverse action. The coun- say evidence, which possesses probative value com- cil is authorized to take adverse action,as defined monly accepted by reasonable and prudent per- in Section 310.01 above, against any license or sons in the conduct of their affairs. permit, licensee or applicant for a license, as pro- � Supp.No.8 --- 2032 . � ��-- � � � "F ' LICENSES §310.06 ..�.�'^.i4 vided in and by these chapters. Such actions shall formed his work or activity in an unsafe be initiated and carried out in accordance with manner. the procedures outlined in Section 310.05. (g� The licensed business, or the way in which (b) Basis for action..Such adverse action may said business is operated, maintains or per- be based on one or more of the following reasons, mits conditions tfiat unreasonably annoy, which are in addition to any other reason specif"i- injure or endanger the safety, health, mor- cally provided by law or in these chapters: als, comfort or repose of any considerable (1) The license or permit was procured by mis- number of inembers of the public. representation of material facts, by fraud, (9) Failure to keep sidewalks or pedestrian ways by deceit or by bad faith. reasonably free of snow and ice as required (2) The applicant or one acting in his behalf under Chapter 114 of the Saint Paul Legis- made oral or written misstatements or mis- lative Code. representations of material facts in or ac- (10) The licensee or applicant has shown by past companying the application. misconduct, unfair acts or dealings, or by (3) The license was issued in violation of any the frequent abuse of alcohol or other drugs, of the provisions of the Saint Paul Zoning that such licensee or applicant is not a per- Code. son of the good moral character or �tness required to engage in a licensed activity, (4) The license or permit was issued in viola- business or profession. tion of law, without authority, or under a material mistake of fact. (c) Imposition of reasonable conditions and/or restrictions. When a reasonable basis is found to (5) The licensee or applicant has failed to com- impose reasonable conditions and/or restrictions �- ply with any condition set forth in the li- upon a license issued or held under these chap- "� cense, or set forth in the resolution grant- ters, any one or more such reasonable conditions ing or renewing the license. and/or restrictions may be imposed upon such li- (6) (i) The licensee or applicant (or any per- cense for the purpose of promoting public health, son whose conduct may by law be im- safety and welfare, of advancing the public peace puted to the licensee or applicant)has and the elimination of conditions or actions that violated,or performed any act which is constitute a nuisance or a detriment to the peace- a violation of, any of the provisions of ful enjoyment of urban life,or promoting security these chapters or of any statute, ordi- and safety in nearby neighborhoods. Such reason- nance or regulation reasonably related able conditions and/or restrictions may include or to the licensed activity, regardless of Pertain to, but are not limited to: whether criminal charges have or have (1) A limitation on the hours of operation of not been brought in connection there- the licensed business or establishment, or with. on particular types of activities conducted (ii) The licensee or applicant has been con- in or on said business or establishment; victed of a crime that may disqualify said applicant from holding the license �2) A limitation or restriction as to the loca- in question under the standards and tion within the licensed business or estab- procedures in Minnesota Statutes, Chap- lishment whose[sic]particular type of activ- ter 364. ities may be conducted; (7) The activities of the licensee in the licensed �3) A limitation as to the means of ingress or activity create or have created a serious egress from the licensed establishment or danger to the public health, safety or wel- its parking lot or immediately adjacent area; fare, or the licensee performs or has per- , Supp.No.8 2032.1 9�-Gz3 §310.06 LEGISLATIVE CODE �'= �- � ', (4) A requirement to provide off-street park- acts or omissions of agents, brokers, employees, ing in excess of other requirements of law; attorneys or any other persons as a defense or (5) A limitation on the manner and means of Justification for failure to comply with such filing advertising the operation or merchandise and maintenance requirements. In the event the of the licensed establishment; licensee reinstates and files such policies, depos- its,bonds or certifications within thirty(30)days, (6) Any other reasonable condition or restric- tion limiting the operation of the licensed business or establishment to ensure that the business or establishment will harmo- nize with the character of the area in which it is located, or to prevent the development or continuation of a nuisance. The inspector may impose such conditions on Class I licenses with the consent of the licenseholder,or may recommend the imposition of such conditions as an adverse action against the license or licen- ses;the director has the same power with respect to Class II licenses. The council may impose such conditions on Class III licenses with the consent of the licenseholder, or upon any class of license as an adverse action against the license or licen- ses following notice and hearing as may be re- `"'`'= quired. Such conditions may be imposed on a li- cense or licenses upon issuance,renewal or tran..sfer _w�.- thereof, or upon and as part of any adverse action against a license or licenses, including suspension. (Code 1956, § 510.06; Ord. No. 17584, § 1, 8-25-88; Ord. No. 17657, § 15, 6-8-89; Ord. No. 17659, § 2, 6-13-89) Sec. 310.07. Termination of licenses; surety bonds;insurance contracts. (a) Automatic termination, reinstatement; re- sponsibility of licensee All licenses or permits which must,by the provisions of these chapters or other ordinances or laws, be accompanied by the filing and maintenance of insurance policies, deposits, guarantees, bonds or certifications shall automati- cally terminate on cancellation or withdrawal of said policies, deposits, bonds or certif"ications. No licensee may continue to operate or perform the licensed activity after such termination. The li- censee is liable and responsible for the filing and maintenance of such policies, deposits, guarantees, bonds or certifications as are required in these chapters, and shall not be entitled to assert the Supp.No.8 , _ 2032.2 ��-�� LICENSES §310.09 the license is automatically reinstated on the same (d) Expiration date to be concurrent with term terms and conditions, and for the same period as of license or permi� The expiration date of all originally issued. After thirty (30) days, the ap- such policies, bonds, guarantees or certifications plicant must reapply for a renewal of his license shall be concurrent with the expiration date of as though it were an original application. the license or permit. (b) Bonds and insurance requirements: �Code 1956, § 510.07) (1) Surety Companies: All surety bonds rur_- �c. 310.08. Terms of licenses;uniform dates. ning to the City of Saint Paul shall be writ- (a) All licenses or permits shall be valid for a ten by surety companies authorized to do Period of one year from the date of issuance by business in the State of Minnesota. All in- the inspector, except as otherwise provided herein surance policies required by these chapters or in these chapters or in cases of revocation, shall be written by insurance companies suspension or termination under Section 310.06. authorized to do business in the State of (b) Licensees may continue to operate their busi- Minnesota. ness after the expiration date of their license; provided, that the licensee has filed with the in- (2) Approved as to Form: All bonds filed with spector on or before the expiration date the ap- the City of Saint Paul in connection with propriate license application, license fees, insur- the issuance of licenses for whatever pur- ance and bonds. The inspector shall process the pose, and all policies of insurance required renewal application in the manner provided for to be filed with or by the City of Saint Paul in this Code. in connection with the issuance of licenses for any purpose whatsoever, shall first be �c) Whenever any licensee is the holder of the approved as to form by the city attorney. two (2) or more licenses of the City of Saint Paul which expire on different dates, the inspector is - - � (3) Uniform Endorsement: Each insurance pol- authorized, at the request of the licensee, to de- icy required to be �led pursuant to these termine a uniform date for the expiration of all or chapters shall contain the endorsement set any number of such licenses,notwithstanding the forth in Chapter 7 of the Saint Paul Legis- term and expiration dates of such licenses as origi- lative Code. nally issued, and notwithstanding any provision as to term of license of any ordinance of the city (4) Conditions:All bonds required by these chap- heretofore or hereafter enacted. The provisions ters shall be conditioned that the licensee hereof shall govern the issuance of any new li- shall observe all ordinances and laws in cense to one already holding a license. relation to the licensed activity, business, (d) In order to conform to the foregoing provi- premises or facilities and that he shall con- sions new licenses may be issued for a term of duct a:l such activities or business in con- less than one year, and the license fee therefor formity therewith. Such bonds shall also shall be prorated for the period of issuance. indemnify the City of Saint Paul against (Code 1956, § 510.08; Ord. No. 17360, § 1, 6-5-86) all claims, judgments or suits caused by, resulting from or in connection with the �c. 310.09. Fees. licensed business, premises, activity, thing, �a) Application charge: facility, occurrence or otherwise licensed under these chapters. (1) Amount: In addition to the license or per- mit fees set forth in each chapter of this (c) Termination of bonds and insurance required Code, each applicant shall pay, at the time by city. Termination of bonds and insurance re- of filing, a two dollar fifty cent($2.50)pro- quired to be filed with the city pursuant to these cessing charge for each and every applica- chapters shall be in accordance with the require- tion for a license or permit to be issued by ments of Chapter 8 of the Saint Paul Legislative the inspector, director or council of the City i�, ;:` :�._ Code. of Saint Paul. ' 2033 . �70-lo Z3 §310.09 LEGISLATNE CODE ,�_;.�., ,_,- (2) Refunds: Said two dollar �fty cent ($2.50) met when the license has lapsed by reason of � processing charge shall not, under any cir- expiration. cumstances, be refunded. (Code 1956, § 510.09; Ord. No. 16884, 2-11-82) (b) Fee sclzedule. The council may by ordinance �c. 310.10. R.efunds of fees. determine and establish one fee schedule for any or all licenses and permits issued pursuant to (a) Refund where application withdrawn or de- these chapters, and a separate fee schedule for niec,�service charge. Unless otherwise specifically applications for such licenses and permits, which provided by the particular licensing provisions may include fees to cover costs incurred by reason involved, where an application for any license is of the late �ling. Such fees, in either schedule, withdrawn or denied, the inspector shall refund shall be reasonably related to the costs of admin- to the applicant the license fee submitted less a istration incurred in connection with each such service charge to recover in part the costs incurred application, license or permit. Costs of adminis- in processing the application in the amount of tration shall mean and include,but without limi- twenty-five(25)percent of the annual license fee. tation by this speci�cation, both direct and indi- rect costs and expenses, such as salaries, wages, �� Limitation on refunc� other cases. In all other benefits and all personnel costs including train- cases as provided in paragraph (c), the inspector ing, seminars and schooling, expenses of investi- may refund not to exceed one hundred dollars gations and inspections, handling of inquiries and «100.00) of fees received in connection with any requests for assistance, telephone and communi- license, permit or application therefor; provided, cations, stationery, postage, paper, reproduction, that he certify in writing that the amount of the of�ce capital equipment and all off`ice supplies. refund represents a sum over and above the rea- Such fee schedules as adopted by ordinance and sonable costs of administration incurred up to -- posted in the office of the inspector shall super- that time in connection with said license, permit sede inconsistent fee provisions in these chapters or application. The director may refund not to or in other ordinances or laws. exceed two hundred fifty dollars($250.00)of such fees upon a like certification by the inspector. (c) Fee for one year; may be prorated Unless The council may by resolution authorize all re- otherwise spec�cally provided,the license fee stated funds upon a like certification by the inspector. is for a period of one year. Such fee may be pro- (c) Bases for refunds. Refunds under paragraph rated where a license is issued for a period of less (b)may be made to the licensee or his estate: than a year. (1) Where the place of business of the licensee (d) Late fee. Unless otherwise speci�cally pro- or his principal equipment is destroyed or vided by the particular licensing provisions in- so damaged by fire or any other cause that volved, an applicant for the renewal of a license the licensee ceases for the remainder of the who makes application for such renewal after the licensed period to engage in the licensed expiration date of such license shall be charged a activity or business; late fee for each such license.The late fee shall be in addition to any other fee or payment required, �2� �ere the business or licensed activity ceases and shall be ten(10)percent of the annual license by reason of the death or illness of the fee for such license for each thirty-day period or licensee or the sole employee or manager; portion thereof which has elapsed after the expi- or ration date of such license. The late fee shall not (3) Where it has become unlawful for the li- exceed�fty(50)percent of the annual license fee. censee to continue in the business or licensed If any provision of these chapters imposes more activity other than by revocation, suspen- stringent or additional requirements for the issu- sion, denial or any criminal activity on the ance of an original license than would be the case part of the licensee. for mere renewal, those requirements must be (Code 1956, as amended, § 510.10) - ` � - 2034 ��-�� LICENSES §310.11 Sec. 310.11. Transfers; general. is provided for on the part of the transferee before (a) License a priuilege, not property. All licen- any transfer of license is made effective by the ses or permits issued by the City of Saint Paul action of approving the transfer. pursuant to these chapters or other ordinances or (�j Transfer; definition. "Transfer," as used in laws confer a privilege on the licensee to engage these chapters, shall include a transfer from per- in the activity or occupation so licensed, and do son to person,or from place to place,or a transfer not constitute property or property rights or cre- of stock in a corporate licensee, or of shares or ate any such rights in any licensee. No such li- interests in a partnership or other legal entity. cense or permit may be seized, levied upon, at- "Transfer," as used in these chapters, shall not tached, executed upon, assessed or in any manner include the instance where a license is held by an taken for the purpose of satisfaction of any debt individual or partnership and the transfer is by or obligation whatever. said individual or partnership to a corporation in (b) Licenses transferable,• conditions. All licen- which the majority of the stock is held by said ses issued by the City of Saint Paul shall be trans- individual or by the members of said partnership. ferable unless the specific chapter of the Saint (g) Assignment and bond to accompany appli- Paul Legislative Code pertaining to each specific cation. In the case of a transfer from person to license shall speci�cally prohibit the transfer of person, the application for transfer shall be ac- such license. No transfer of any Class III license companied by a written assignment of all rights issued by the City of Saint Paul shall be effective of the original licensee in and to the license and until the council of the City of Saint Paul has shall be accompanied by a surety bond in amount approved the transfer following a public hearing and in form required of an original licensee. _ by the council's committee designated to hear li- = cense matters and a resolution approving said (h) Public corporations. Notwithstanding other transfer is passed, approved and published. Both provisions of this chapter, publicly owned corpo- the transferor and transferee shall make applica- rations whose stock is traded in the open market tion for transfer of a license on such forms as may may comply with the transfer requirements per- be prescribed by the division, and in accordance taining to stock ownership and stock transfer by with Section 310.02. furnishing the inspector on request with the names (c) Transfer tax. In all cases of transfer of a and addresses of all stockholders of record upon license from a present licensee to any other per- each renewal of the license. son, there shall be a tax on said transfer in the (i) A ffidavit of transferor. No license transfer amount of twenty-f"ive (25) percent of the annual shall be effective unless the transferor submits license fee charged for said license, said tax to be an affidavit of such transferor, taken under oath, paid by the transferee. stating the following: (d) Transfer tax; deposit retained or returned (1) That in the case of Class III licenses, the Whenever an application is made for transfer of a transferor-affiant has posted notice to all license, the amount as set out in paragraph (c) employees in a conspicuous place on the shall be deposited with said application. If the licensed premises notifying all employees transfer of license is approved,the amount depos- of the time,place and date of hearing of the ited shall be retained by the city.If the transfer is transfer of the license to be held before the denied,the amount deposited shall be returned to Saint Paul City Council; the party depositing the same,in accordance with (2) That said notice specified in subparagraph the requirements and conditions in Section 310.10. (1) above was posted continuously for four- (e) Transfer tax; exception. Paragraphs (c) and teen(14)days; (d)shall not apply in any case when,by the terms (3) That transferor has paid all wages due and of these chapters, payment of the full annual li- owing the persons employed by the trans- ' censee fee or a prorated yearly annual license fee feror or that an agreement has been reached Supp.No.4 2035 • . 9�-�a � §310.11 LEGISLATNE CODE � � i' = between transferor and all employees as to (Code 1956, § 510.11;Ord.No. 16822,9-3-81;Ord. the payment of wages due and owing; No. 17551, § 3, 4-19-88) (4) That transferor has made payment to all employees in lieu of vacation time earned Sec. 310.12. Inspection of premises. by said employees or in lieu thereof an The premises, facilities, place, device or any- agreement has been reached between trans- thing named in any license issued pursuant to feror and all employees as to payment in any provision of the Saint Paul Legislative Code lieu of vacation time earned; or other law shall at all times while open to the (5) That transferor has satisfactorily and com- public or while being used or occupied for any pletely complied with his contractual obli- purpose be open also to inspection and examina- gations pertaining to employer contributions tion by any police, fire, or health off`icer or any to employee benefit programs which include, building inspector of the city,as well as the inspector. but are not limited to, pension programs, (�ode 1956, § 510.12) hospital,medical and life insurance programs, profit-sharing programs and holiday pay Sec. 310.13. Renewal. benefits. Every license renewal under these chapters may (j) Deceased licensee. Notwithstanding any other be denied for any licensee who is delinquent in provision of these chapters, in any case where a any payment or contribution to a health and wel- liquor license is held by a person not incorporated fare trust or pension trust, or similar program, and where the license would, by reason of the established for the benefit of his employees. death of said licensee, lapse to the city in the (Code 1956, § 510.13) _ absence of this paragraph, the authorized repre- sentative of the estate of the deceased licensee �c. 310.14. Savings clause. � may consent to and seek to transfer said license �a) If any provision in these chapters is held � to the surviving spouse of the licensee.The trans- unconstitutional or invalid by a court of compe- fer shall be subject to all applicable requirements tent jurisdiction, the invalidity shall extend only of these chapters and existing law. to the provision involved and the remainder of (k) No approual under certain conditions. The these chapters shall remain in force and effect to council shall not approve any transfer where ei- be construed as a whole. ther party has not complied with the terms of any (b� The repeal of any ordinance by ihis ordi- contract or agreement regarding employee bene- nance (which enacts the Uniform License Ordi- �t or fringe bene�t programs; including, but not limited to, pension, hospitalization, medical and nanee) shall not affect or impair any act done, life insurance, profit-sharing or holiday pay pro- any rights vested or accrued,or any suit,proceed- ing or prosecution had or commenced in any mat- grams; provided, that any person or organization ter, prior to the date this ordinance became effec- objecting to a transfer because of failure to pay tive.Every such act done or right vested or accrued employee benefit or fringe benefit programs shall shall remain in full force and effect to all intents file a written notice of objection with the license and purposes as if the repealed ordinances had inspector seven (7) days prior to the scheduled themselves remained in force and effect. Every public hearing on the transfer, and said notice such suit, proceeding or prosecution may be con- shall contain a complete itemization of the objec- tinued after repeal as though the repealed ordi- tor's claim. nances were fully in effect. A suit, proceeding or (1) Transfer of more than one license if one is prosecution which is based upon an act done, a Class III. If an application is made to transfer right vested or accrued, or a violation committed more than one license at the same time, the in- prior to repeal of the repealed ordinances, but spector may, if one of the licenses is a Class III which is commenced or instituted subsequent to license,handle all said licenses as Class IlI licenses. repeal of the repealed ordinances, shall be brought Supp.No.4 � 2036 - . � � -�� i"-;�=':T^. LICENSES §317.02 _...:.4 pursuant to and under the provisions of such re- or any city ordinance, shall be considered to be pealed ordinances as though they continued to be and treated as the act or conduct of the licensee in full force and effect. for the purpose of adverse action against all or (Code 1956, § 510.14) any of the licenses held by such licensee. To the extent this section is in conflict with Sections Sec. 310.15. Penalty. 409.14 and 410.09 of the Legislative Code, this Any person who violates any provision of these section shall be controlling and prevail;but shall chapters, or other ordinances or laws relating to not otherwise amend,alter or affect such sections. licensing, or who aids, advises, hires, counsels or (Ord. No. 17629, § l, 1-31-89) conspires with or otherwise procures another to violate any provision of these chapters or other Chapters 311-314. Reserved ordinances or laws relating to licensing is guilty of a misdemeanor and may be sentenced in ac- SUBTITLE B. CLASS I LICENSES cordance with Section 1.05 of the Saint Paul Leg- islative Code. The term "person," in addition to the definition in Section 310.01, shall for the pur- Chapter 315. R.eserved* pose of this section include the individual part- ners or members of any partnership or corpora- Chapter 316. Animal Foods tion,and as to corporations,the officers,agents or Manufacturing and Distributing members thereof,who shall be responsible for the violation. Sec. 316.01. License required. (Code 1956, § 510.15) No person shall engage in the business of the manufacture or distribution of animal foods in Sec. 310.16. License fees,annual increases. Saint Paul without a license. Effective on January 1 of each calendar year, (Code 1956, § 384.01) all license fees, except building trades business license fees and fees for building trades certifi- Sec. 316.02. Fee. cates of competency, shall increase by the per- centage increase in the budget for the division of The fee required is forty-five dollars($45.00). license and permit administration of the depart- (Code 1956, § 384.02) ment of finance and management services. Prior to November 1 of each year, the director of fi- Chapter 317. Amusement Rides nance and management services shall file with the city clerk a notice of the percentage increase, �c. 317.01. License required. if any, in license fees. (Ord. No. 16885, 2-11-82; Ord. No. 17059, 10-20-83; No person shall engage in the business of pro- Ord. No. 17303, § 4, 10-29-85) viding amusement rides,for charge, to the public in Saint Paul without a license. Sec. 310.17. Licensee's responsibility. (Code 1956, § 411.01) Any act or conduct by any clerk,employee,man- �c. 317.02. Fee. ager or agent of a licensee, or by any person pro- viding entertainment or working for or on behalf �e fee required is one hundred dollars($100.00) of a licensee, whether compensated or not, which for each location at which such person will oper- act or conduct takes place either on the licensed premises or in any parking lot or other area adja- cent to (or under the lease or control o� the li- `Editor's note—The licenses under this chapter, derived from §§ 345.01-345.03 of the city's 1956 Code,were redesig- - _ censed premises, and WI11CI7 aCt OI' COnduCt Vi0- nated as Class III licenses by Ord.No.17207,adopted Jan.31, lates any state or federal statutes or regulations, 1985,and recodified as Ch.423. "" S�pp.No.7 2037 . � � ` � � �—� � � November 22, 1989 T0: Insurance Commissioner Department of Commerce 500 Metro Square Building St. Paul, Minnesota 55101 FROM: Shin-On Lindberg Shin-On's Bar and Restaurant 198 Western Avenue North St. Paul, Minnesota 55102 612/222-4144 RE: Liquor Liability Insurance for Shin-On's Bar and Restaurant On November 16, 1989, I received a notice from the Twin Cities Group telling me that my liquor liab�ility insurance had been cancelled. I was shocked and dismayed. Up to this point, my insuXance company, the Twin Cities Group, had led me to believe that by following their directives to me, there was no problem with my insurance coverage. As outlined. below, I followed their instructions to me assuming all along that I was in no danger of having my insurance lapse or be cancelled. 09/15/89 I received a letter from Park Glen Nati.onal Insurance Company telling me that my liquor' liability insurance would be cancelled on 'October 7, 1989 unless the. premium is paid. The City of St. Paul had been told also. They notified me at this time that they were aware of the situation and they wanted to see the premium paid by October 7, 1989. 10/04/89 Brian Hayes, agent for the Tw�n Cities Group, came to my office at the. restaurant. We discussed what was needed to. get current. I. gave him a check for $1,562 made out to Cananwill Consumer Discount Company, the financing company for Park Glen for which the Twin City Group represented. (Check 4�1015, the Exchange Bank) On this date also, I gave ..Brian Hayes a. second check made out to the Twin Cities Group (check •��1016, Exchar►ge Bank, :for $376.37) . At this time, I assumed I was caught up as the agent told me that the above amounts is what I had to pay to become current. 10/18/89 While in the process of obtaining a business loan, I requested and 12/25/89 received from the Twin Cities Group, certificates of my liquor liability insurance coverage. I needed to show proof to my bank and leasing company. (My liability and liquor coverage comes in a package policy.) �� s�`� r ��/�° � � q��,.� 1 � (� ' �.�` ��,I ,�U11� �1. V` ��.r I�Id � �`\U1// 1 Insurance Commissioner `U'��'�7 November 22, 1989 Page Two I was issued certificates and I had .no reason to think my insurance had lapsed. . 11/09/89 Brian Hayes again came to my office. He said he needed a • payment of $1,562 so that I would be caught up. I gave him a check for $786 which he agreed to accept. He also stated at t.his time that my 10/04/89 payment was for the months of August and September, 1989. There was no mention of my insurance being lapsed or in danger of� Tapsing. I felt assured that I still had insurance--I jest needed to pay, which I did. 11/14/89 Chris, from the City of St. Paul Licensing Department, told me that my insurance had lapsed and I was to close the restaurant. I went to the Twin Cities Group. They asked for $$.42 from me in order to get a certificate of liquor liablity coverage dated 11/14/89. I gave them a check for $542 (check ��1066) . I was given another certificate of liquor liability,insurance from the Tutin Cities Group. However, the effective date was 11/14/89, not the date of .10/07/89 which I thought was my effective date, as I had been paying all along. I need to have an effective date of 10/07/89 so there is no lapse in coverage. 11/16/89 I received a certified letter from the Twin Cities Group (hand del- ivered) containing the cancellation notice for my liquor liability insurance due to non-payment of premium, effective 11/28/89. The letter stated that I was to pay the agreement in full or my policy would be cancelled. � 1.1/17/89 I received a letter from the City of St. Paul stating that my insurance was lapsing and I must pay by ll/28/89 or close the restaurant. Again, I have followed what the Twin Cities Group told me to do. I had no idea that my insurance was cancelled or in danger of being .cancelled. They had given numerous certif ication of my coverage; I gave them. a series of payments at their request. � feel I was misled and misdirected by the Twin Cities Group, I certainly would have paid whatever they asked for to keep my liquor liability insurance from lapsing. I need your help to get my liquor liability insurance effective date to 10/07/89. so there is no lapse in my coverage or I will have to close the restaurant. Thank you for your consideration of this matter. I hope that this serious lapse in service to me by. the �win Cities. Group will not result in the closing of my restaurant. 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Z G O C:� 2¢ =� v . ___ _ ___. .. _---------_---_ _— . __. __ _ .. _ 9� - � � � TWfN -CITY GROUP � �� Established 19f3 4500 PARK GLEN ROAD � ST.LOUlS PARK,MINNESOTA 55416 � • � (612) 924-6900 � Mr. Shin-On Lindberg • Shin On' s Bar and Restaurant 198 North Western Avenue , St. Paul, MN 55102 � CERT I F I ED DEL I VERY 1 1 / 1 6 / 8.'9 -" Re: Commercial Insurance ' Dear Shin-On: All commercial policies you have with Twin City Group have been cancelled due to non-payment of premium to Cananwill Consumer , Discount Company. Direct Notice of cancellation was sent by the ' appropriate carriers . +'�� Packaqe with Granite State Insurance Company PRO R.ATA cancellation effective 9/26/89 Return premium $4 , 287 . 45 , Liauor Liabilitv with Park Glen National Insurance Company PRO RATA cancellation effective 10/7/89 Return premiuin $647 . 00 � The total pay off of your finance contract is $3 , 856 . 05 . The � total return premium from you policies is 54 , 934 . 45 . This gives • us a return premium of 51 , 078 . 40 which you will be receiving from ' the finance company. � Enclosed yo� . will find th� $542 . 00 check you gave to Twin City Group 11/14/89 for the Liquor Liability policy number MNLL 890514 . This policy can not be written by Park Glen National Insurance Company. General Liability must be in force along with Liquor Liability insurance. Per our conversation, I am sorry our alternative of paying off the finance agreement at 53 , 314 . 00, and the remaining balance on the new package policy at $2, 045 . 48 to reinstate coverage, was not an acceptable alternative for you. Coordially, Brian' D. Hayes Enclosure r IA�SURANCE •RfSK MANAGEMENT •EMPLOYEE BENEF/TS ��-�z3 NOTICE OF CANCELLATION OR NONRENEWAL oF LIOUOR LIABILITY KIND OF POIICT POLICY N0. ISSUED TMROUGM ACENCY OR OiFICE AT: CANCELLATION OR TERMINATtON WILI 1AKE EfiECT AT: DATE OF NOTICE IOwTEI 1MOUR—STANDARD TIME1 Twin City Group MNLL890514 St. l.ouis Park, MN 5541b 11/28/89 12:01 A.t4. 11/lE/89 � _ COPY OF NOTICE SENT TO NAMED INSURED � T � � o ;�: � '�A INSURANCE park C1 en Nati onal Insurance Co. .„�� COMPANY 4500 Park G1 en Road —.� ^' - .�;� Minneapolis, MN 55416 ,,. - � � :_a NAMEAND Sh�n-On's Bar & Restaurant — ' ADDRFSS 1�8 Western Avenue `�' OF INSURED St. Paul , MP: 551�2 (Applicable item marked�) CANCEI- I� You are nereby notitied �n accoroance with the terms and conditions ot the above mentioned policy that your insurance wiil cease at and from tne hour LATION and date mentioned above. Fd1�.IR° tD �` I1fK�2Y1.'Y'1�?rX' Y'E'�J1Y'E.''f�1tc; 1�u�i � tpt ��r r��nr�+t,,, ! 1d�ijifi! Ii the premium has been paid. premium adjustment will be made as soon as practicabie after cancellation becomes effective. �`r�d�'—° � If the premium has not been paid. a bill for the oremium earned to the time of cancellation will be forwarded in due course. � You are hereby notified in accordance with the terms and conditions of the above mentioned poiiCy that your insurance will cease at and from the hour and date mentioned above due to nonpayment of premium. A bill for the premium earned to the time of cancellation will be forwarded in due course. NON• You are hereby notified in accoroance with the terms and conditions of the above mentioned policy that the above mentioned policy will expire effective RENEWAL � at and from the hotir and date mentioned above and the policy will NOT be renewed. iMPORTANT � In compliance with the Fair Credit Reporting Act fPublic Law 9I-508), you are hereby informed that the action taken a4ove is being taken wholly or partly NOTICE because of information contained in a consumer report from the following consumer reporting agency: ' — ��`�'��.'�' ' `; � �. .� — �� r . ��V'��M� � � � � , `� � .i�...:. .` l��l�ILh�►�F x,�tnt��'c�� . — TO LIENHOLDER: You are hereby notitied that the agreement under the Loss Payable Clause payable to you as Lienholder, which is a part of the above pol�cy, �ssued to the above msured. is nereby cancelled �or termmated) in accoraance with tne conditions of the policy said cancellation ior term�nationl to oe effective on and atter the nour antl date mentioned aoove. '^ — �� / � �� /��-/ �,�_ /�....... `..AUlnonzeO ReDresentaGve'...... ----� • C/ INSURANCE • Park Glen National Insurance Co. COMPANY 4500 Park G1 en Road Minneapolis, MN 55416 NAMEAND • C1ty Of St. PdU� ADDRESS . C'I ty Hd� � OF LIEN• . 15 W. Kel l ogg 61 vd. HOLDER St. Paul , MN 55101 ,.•�"""""""',.. GU BSIlb rEC.3-73'� ,��i�; : ise3 LIENHOIDER'S COP1' � O 1 O _ O 1 O - _ • t • " '� 'J f � ' � � J P �T � v' _ - � -- � �C 1 •O - - O` Q ` � � W = � r+ .� _ 1 1 �� w � � � v I� _ _ - � m �: � ^ � O` ` _ � 1 ` > � � r+ ' =a E � � E Q � � m � >� > � ` _ o = ` E " Z v'+ � . oc a� � � � ' C � - " Z = a - � ;y � �. . O = y ~ J ~'" C = _ � ' Q U � J - Q Q . � 1L - } �a � - - %^ H C� O - o ' _ �. OC V1 O` ''- J Q _ > : � �t I ' ' C� L, - - Q W O` ^v � �-+ ' J aD � � L J � w ,-i _'� C t� cn = Z � =� � c Q � ?� c U ' `v rn � �� N Z OC � m N 3 W W ^� cv C m ~ �, � ,; cD C7 �- � � . OG NU = � e cp • Q r-i = y C� Q � �O = J � 2= �n � .O O "�^ � �-1 � d °' - Z • N O U � " � } 1- W O O� ►+ L �� Y V V1 > �"� CO J • ' � a ° � ¢ W W Q tC� J O C ' v u C � OL 1[1 � J a � 3 > � a Q 2 2 \ O N r7 CL _' m` �o � WcU W2 � � \ �tc 0 zz oC F- S Q O O a�� Q N a rn a >- .+ d `o_L • �M v� U 1- m W J =' � _ . � � ZLL 3 � Q' �=°� QUWw Z Q m � y �' o zF.Z O Z � � E c� � N�>N m � • � v " G � , Q V a a m O U � 2Z» = O` h' • \ '"�? W J C7 fL� � •-1 V► Q 'a'> >c � C7 Q C7 C7 � a c a; � �'` u � � 2HHF- C�0 Qai . � aUUU � H�,N p22Z .-� �`.- � �°n333 t�l a�� v1-Y-1- � �`o : � _ �'2�-Q�, . gv — (� °2 �1 a�IIII:i�. CERTIFICATE OF INSURANCE ,SSUE OATE(MM/DD,�Y, _ _.. �:. .__ ._ _. _ _. � :� . :: _ . : . (8 ) 10/ 18/8 9 PpoDUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, T�'I n C I T Y G�O U P EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW _ 4 5 0 C � :�R K GL��' R O G.D COMPANIES AFFORDING COVERAGE ST . LGUI S P� RK e Pi�•: 55416 COMPANY LETTER A � r�E�� -i A M F S H I �� CODE SUB-COOE . COMPANY B INSURED LETTER COMPANV � SF'?I�'r'�:S CR Ia�:G ':ESTA�iKC��JT LETTEF � cQ �.r U�c �T� K'�, �`:c" UE . COMPANY D , S T . F C :,�L � M�� 1 C C LETTER - COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICV EFFECTIVE POLICY EXPIRATION A�L LIMITS IN THOUSANDS LTR DATE!MM/DD/YY) DATE(MM/DDlYV) GENERAL UABIUTY GENERAL AGGREGATE 5 1 �O d(1 -1 Y COMMERCIAL GENERAL LIABILITY L[`� �C_—% L—?� 7�2/ �L 7/�� (+ PRODUCTS•COMP/OPS AGGREGATE � 1 � O O O � CLAIMS MADE �; OCCUR. � v PERSONAL 8 ADVERTISING INJURV 5 5 O U OWNER'S 8 CONTRACTOR'S PROT. EACH OCCURRENCE � j O O I FIRE DAMAGE IAny one fire) S �j(} i MED�CAL EXPENSE IAny one Derson) 5 �j I AUTOMOBILE LIABILITY COMBINED � SINGLE 5 j ANY AUTO LIMIT � ALL OWNED AUTOS �, BODILY tNJURY 5 SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY . INJURY 5 • I NON-OWNED AUTOS (Per accitlent) ' GARAGE LIABILITY PROPERTY 5 i DAMAGE EXCESS LIABILITY EACH AGGREGATE OCCURRENCE , S S OTHER TMAN UMBREILA FORM ; STATUTORV � WORKER'S COMPENSATION j 5 fEACH ACCIDENT) i AND 5 fDISEASE—POLICV LIMIT) EMPLOYERS'LIABILITY S fDISEASE—EACH EMPLOVEE) OTMER .. f G < < . .r_ :��r �� , , �� _ � _—_, —_ L (/ �'_/ ;�c ?/ _/ `+�� q Z F f)� �J�' L 1 N T T �� c; . �tc . <+LL RISK DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WI�L ENDEAVOR TO ' ' y � �� `� '- c T � � _ - � '��f MAIL 1� DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE � �� '� u� �'�' � � = ` LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR � T , �. , r � , ,- � — _ , • ` _ � _ ' �'�_ UABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. iTT . . � ;� , ' � = L! 4F � - AUTHORIZED REPRESENTATIVE ,- - _ - . . ,.i--�;,i:� ; / . . _ � '1 �v 4 i"'r'� p•.,_ �%:,, - ._� , :.:t�• Iwrnon�cc iamo� �oCARD �� dRATION �988 qU - � � � a1.11�.��. � CERTIFICATE OF INSURANCE - �SSUE DATE,MM/DDnY) - :: . REVISED (P) 1U/25/F9 _ _ . .. ... . ..:....... .. PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND. '4 I r, C I T Y v F:1 L� EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW ti�0(' P�,FK �Lcr: F �� _ _ _ �T � `��I � o p �� M�., �F y 1� COMPANIES AFFORDING COVERAGE COMPANY LETTER A ^'E i'.' I-��,M F S I'' '1 �t COOE SUB-CODE � COMPANY B INSURED LETTER COMPANY � r�• : � �." ,r,, C.i.= 'Jf,� =� � T;��:�: �:' LEl'fER , c;a r: ;E `i� �..', c:b =i L�C � ' � � COMPANY D C T . f? � :J L ! ��h• J�� i C L � LETTER , - COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ( CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TVPE OF INSURANCE POLICY NUMBER POLICV EFFECTIVE POLICY EXPIRATION ALL LIMITS IN TMOUSANDS LTR DATE(MM/DD/YY) DATE(MMlDDIYY) GENERAL LIABILITY GENERAL AGGREGATE 5 f 1 ,GJG �� COMMERCIAL GENERAL LIABILITY �� : �!�- �— 3=-—_ � 7� �� ;C ?� z� �,�� pRODUCTS-COMP/OPS AGGREGATE s 5 U� CIAIMS MADE Y OCCUR. PERSONAL&ADVERTISING INJURY 5 �j C�O OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ j U( i FIRE DAMAGE(Any one fire) S rj() � MEDICAL EXPENSE(Any one person) S � AUTOMOBILE LIABILITY COMBINED ' SINGL'E 5 ANY AUTO LIMIT ALL OWNED AUTOS � BODILV SCHEDULED AUTOS � INJURY 5 (Per person) HIRED AUTOS BODILY � 1 NON•OWNED AUTOS (Per�a ciaenq 5 � � GARAGE LIABILITY + PROPERTY � • I DAMAGE EXCESS LIABILITY EACH AGGREGATE OCCURRENCE S S OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY � AND � 5 (EACH ACCIDENT) j � IDISEASE—POLICY LIMIT� � EMPLOYERS'LIABILITY S fDISEASE—EACH EMPLOYEE) OTHER pr � � ^�r i � . , . .- � � ..� .. _ • _ � ,.— .. � _� ' � . _ � '>l; _ � ;l � (i�.i�- L In T T - ♦ i 'i��i C . :i F-i) . i =.LL - i �k i DESCRIPTION OF OPERATIONS/LOCATIONS/VEMICLES/RESTRICTIONS/SPECIAL ITEMS` _ ` ✓ ' C . i r c - � J� . r ! ✓- L- � _ :ii-.,' l .. ��l�Tc I "�: � VYCE , UY. I _ DL�TG I: - r . : " . '_': . ,. _ . , ` ��_ � , �� i � l� . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE � _: . � , . _. EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO � " " ' �� MAIL �{ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ' _ ,_.cr�r r .�, ` _'i i : _ �� . " LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR � ^ , � � ` � � ' - LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. AUTHORI2E0 REPRESENTATIVE ) � ' ' � �� ACORD 25-S (3/88) ��dAC�CO�POACAT�N 1988 _ ��' - � �� I/II�\II. CERTIFICATE OF INSURANCE ,SSUE DATE(MM/DD/YY) __ _ <: _ . . . _ _. ( X) 11/14/89 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLOER.THIS CERTIFICATE DOES NOT AMEND, T W I N C I T Y G R 0 U P EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 4500 PARK GLEN RD. COMPANIES AFFORDING COVERAGE ST. LOUI S PA RK , MN 55416 COMPANY LETfER A PARK GLEN NATIONAL INS . CO COOE SUB-CODE COMPANY B INSURED �ETTER COMPANY SHIN-ON' S BAR 6 RESTAURANT LETTER C 198 WESTERN AVENUE COMPANY � " ST . PAU� , MINNESOTA 55102 `�ER D - COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER10D INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR COND�TION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CEATIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSUFiANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICV NUMBER POLICY EFFECTIVE POLICY EXPIRATION pLL LIMITS IN THOUSANDS LTR DATE(MMlDD/VV) DATE(MMlDD/YY) GENERAL LIABILITY - � GENERAL AGGREGATE 5 COMMERCIAL GENERAL LIABILITY PRODUCTS•COMP/0PS AGGREGATE 5 CLAIMS MADE OCCUR. PERSONAL 8 ADVERTISING INJURY S OWNER'S 8 CONTRACTOR'S PROT. EACH OCCURRENCE 5 FIRE DAMAGE(Any one tire) S MEDICAL EXPENSE(Any one person) 5 +i AUTOMOBILE LIABILITY COMBINED I SINGLE 5 � ANY AUTO . LIMIT ALL OWNED AUTOS � BODILY INJURY 5 � SCMEDULED AUTOS (Per oerson) . HIRED AUTOS BODILY ', NON•OWNED AUTOS INJURY 5 , I IPer acdtlent) GARAGE LIABILITY PROPERTY 5 i DAMAGE � EXCESS LIABILITY EACH AGGREGATE � OCCURRENCE � 5 � OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORv 5 fEACH ACCIDENT) AND 5 lDISEASE—POLICV LIMIT� EMPLOYERS'LIABILITV : (DISEASE—EACH EMPLOYEE)' OTHER LIOUOR LIABILITY MNLL890514 11-14-89 5-31-90 �300 ,000 AGGREGATE � DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONSlSPECIAL ITEMS S 50 ,000 BODILY INJURY/EA PERSQN , $100,00C BODILY INJURY/EA CQMMON CAUSE g 10,000 PRGPERTY DAMAGE /EA CQMMO� CALSE , 3 50 •000 LOSS OF MEANS OF SUPPORT/EA PERSON , 5140, 000 LQSS DF MEANS OF SUPPORT/EA C^M�tON CAUSE CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE I EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO C I T Y OF S T . P A UL MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ' C I TY HALL LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR I F W E S T KE L L 0 GG 8 L V D• LIABILITY OF ANY KIND UPON T E COMPANY. ITS A _ TS OR REPRESENTATIVES. S T. P A U L� M I N N E S 0 T A 5 5 2 O 1 qUTHORIZED S NTATIV . , � (,�, oG� qo - �� t�t a.. �� ., CITY OF SAINT PAUL � ��_�„��;; : OFFICE OF THE CITY ATTORNEY �p AO O ��• JANE MC PEAK, CITY ATTORNEY 647 City Hall,Saint Paul,Minnesota 55102 612-298-5121 JAMES SCHEIBEL MAYOR February 16, 1990 RECEIVEp Mr. Shin-On Lindberg, General Manager ��.no��o Lindy Enterprises, Inc. 'CDiG - d/b/a shin-on�s C1TY CLERK 198 Western Avenue St. Paul, Minnesota RE: City of St. Paul vs. Lindy Enterprises, Inc Dear Mr. Shin-On: 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 Olson City Clerk � _ 9o - � a � ,��n,v��a�, - . ,� ��,�E D.?G , . . 1 �to��euu!vo�'� > � �� `:S�j �.� :� � ... � • ��lr�ri..:..r;�'� m, 1858 UtrL�umt� STATE OF M I N N ESOTA R��,�IV�p OFFICE OF ADMINISTRATIVE HEARINGS �IC�Mn v �u FIFTH FLOOR,FLOUR EXCHANGE BUILDING 310 FOURTH AVENUE SOUTH CITY Cl.ERK MINNEAPOLIS,MINNESOTA 55415 (612)341-7600 February 15, 1990 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 . Lindy Enterprises, Inc. , d/b/a Shin-On' s; OAH Docket No. 52-2101-4273-6. Dear Mr. Olson: Enclosed is the duplicate tape of the hearing in the above-referenced matter which was heard on January 8, 1990. The official record was returned to you on February 14. Sincerely, �1�� - ��Q �v SANDRA A. HAVEN Office Services Supervisor Telephone: 612/341-7642 sh Enc. AN EQUAL OPPORTUNITY EMPLOYER /