90-1199 � �3 �--�-�- � "� �
Q R � V�J\'�� Counci t F i le # 91��/9 `�`
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Green Sheet # /�50
RESOLUTION
� CITY OF AINT PAUL, MINNESOTA '
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P�esented By , '�f..�'� /
Referred To � ` Committee: Date
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RESOLVED, that Council Resolution Number 90-622, adopted by the Council on April 18,
1990 is hereby repealed. This resolution shall become effective upon publication.
FURTHER RESOLVED, that in lieu of a suspension of the On Sale Liquor, Entertainment,
Restaurant and a11 other licenses held by Scanlon's Ace Box Bar & Pub Inc., d/b/a Ace Box Bar,
Thomas Scanlon, President, for the premises at 2162 West University Avenue in Saint Paul, said
licenseholder is reprimanded for the violation of allowing the removal of alcoholic beverages from
the licensed premises, Section 409.08 (16) of the Legislative Code.
This resolution is based upon the record of the proceedings before the Administrative Law
Judge, including the hearing held on January 12, 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 29, 1990, and the deliberations of the Council in open
session. The Council adopts the findings of fact and conclusions of law of the Administrative Law
Judge in her report dated February 10, 1990, but declines to impose the sanction recommended in
her report.
The Council departs downward from the presumptive penalty matrix provided by section
409.26 of the Saint Paul Legislative Code. This departure is based upon the following mitigating
factors: (1) the prior good record of the licensee, (2) the violation is technical in nature and (3)
that the licensee has taken steps to correct the problem.
A copy of this resolution, as adopted, shall be sent by first class mail to the Administrative
Law Judge and to Counsel for the Licenseholder.
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Adopted by Council: Date
J U L 1 7 1990 Form Approved by City Attorney
Adoption Certified by Council Secretary BY; v�,� �- `,��,/�(,�,�
By� Approved by Mayor for Submission to
Approved by Mayor: Date
J U L i 8 r990 �«x,�;�
By:
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�UBl1�HFD J U L 2 � 1990_
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DEPARTMENT �NCIL DATE INITIATED
r _ _ GREEN SHEET No. 16 5 0
INITIAU DATE INITIALlDATE
CONTACT PERSON&PHONE �DEpARTMENT DIRECTOR ' �GTY OOUNpL
a N��� �CITY ATTORNEY �CITY CLERK
MUST BE ON COUNqL AOENDA BY(DATE) RaITINO �BUOOET DIF�CTOR �FIN.3 MQT.SERVICES DIR.
�AAAYOR(OR ASSISTMIT) �
TOTAL#�OF SKiNATURE PAQES 1 (CLIP ALL LOCATIONS FOR SIONATURE�
ACT10N REQUE8TED:
License Adverse Action. Attached resolution imposes the sanction
requested by the Council during the public hearing in the matter and
repeals CF ��90-622, which contains an error.
REOOMMENDATIONS:Approvs(IU a Raject(F� COUNCIL CO�NARTEEJl�SEARCM REPORT OPTIONAL
_PLANNINO COMMI881�1 _CIVIL SERVICE COMMIBSION �YST PF10NE NO.
_qB COMMRTEE _
COMMENTB:
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_OISTRICT COURT _
SUPPORTS WHICH COUNqL OBJECTIVE9
INI'MTINO PROBLEM,ISSUE,OPPORTUNITY(Who,What,Whsn,Whero,Wh»:
License Adverse Action
ADVANTAfiES IF APPROVED:
DISADVANTA(iES IF APPROVED:
DI3ADVANTAOE8 IF NOT APPROVED:
RECEIVEO
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CITY CLERK f U L 1 � �y`'�
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TOTAL AMOUNT OF TRANSACTION s � COST/REVENUE BUDOETED(GRCLE ON� YES NO
FUNDINO SOURCE ACTIVITY NUMBER
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Ql'Y OF SAIIdI'PAUL
I�TPERDF.PAICIMII�TI'ALMIII[ORANDUM r fi�""'t��� Aa�,
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June 28, 1990 t;�; ,,, .,,
TO: Bill Wilson
Council President
tii•'_�. 1NIL�;i;!
FROM: Jane A. McPeak�f``"
City Attorney
RE: Scanlon's Ace Box Bar & Pub
The City Attorney Office's has reviewed the materials provided by
you in your June 25, 1990, memo along with the Council audio tapes
of the Council deliberations and do agree that there has been an
error. Attached you will find a resolution which accurately
reflects the motion adopted by the Council during its deliberations
in this matter on March 29, 1990. I have also enclosed a draft of
a letter to Mr. Costello.
We regret any inconvenience that this may have created. If you or
the licensee have any questions, please call me.
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�g � CITY OF SAINT PAUL
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OFFICE OF THE CITY ATTORNEY
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JANE A. MC PEAK, CITY ATTORNEY
647 City Hall,Saint Paul,Minnesota 55102
612-298-5121
JAMES SCHEIBEL FAX 612-298-5619
MAYOR
DRAFT
June 29, 1990
Mr. Patrick J. Costello
Attorney at Law
139 South Tyler Road
Red Wing, MN 55066
RE: Scanlon's Ace Box Bar & Pub Inc.
Dear Mr. Costello:
At my request the City Attorney's Office has reviewed the Council
record and the materials provided by you and do agree that an error
was made. I have enclosed a copy the resolution prepared to
correct this error. The matter will be placed on the Council
Agenda for adoption, as soon possible.
Thank you for bringing this matter to my attention. If you have
any questions, please don't hesitate to contact me.
Sincerely,
William Wilson
Council President
cc: Jane A. McPeak
City Attorney