The URL can be used to link to this page

90-1293 r 0�1 G I N A L, Counci l Fi le # �" �� Green Sheet # RESOLUTION ; CITY OF IN� PAUL, MINNESOTA ! � ` Presented By r Referred To Comnittee: Date ----------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------- RESOLVED, that all of the licenses, including on sale intoxicating liquor, Sunday on sale intoxicating liquor, off sale malt, gambling location endorsement and restaurant-B, issued for Thomas Enterprises, Inc., dba Brown Derby Lounge, at 567 Stryker Avenue, Saint Paul, are hereby suspended for a period of three (3) days, commencing on the second Sunday following publication of this resolution; and be it FURTHER RESOLVED, that the report of the ALJ dated June 14, 1990, with its Findings of Fact and Conclusions of I,aw, and the attached Memorandum, is expressly ratified and adopted as the written findings and conclusions of the Council; provided, however, that the Council declines to accept the recommendation made by the ALJ, and does not adopt the last paragraph of his Memorandum, it being the view of the Council that age is not an appropriate basis for either mitigating or aggravating a penalty in the ordinance. This resolution is based on the record of proceedings before the Administrative Law Judge, including the hearing on April 16, 1990, the briefs, documents and e�chibits introduced therein, the arguments and statements of counsel for the parties on July 19, 1990, and the deliberations of the Council in open session. The Report of the AL.J is attached hereto and is expressly incorporated in and made a part of this resolution; provided, however, as noted above that the Recommendation of the AIJ and the last paragraph of his Memorandum are not so adopted. A copy of this resolution, as adopted, shall be sent by first class mail to the Adnunistrative Law Judge, and to the counsel for the licenseholder. ---------------------------------------- --------------- ------- ------ --------- Yeas Na s Absent Requested by Department of: Dimon Gosaitz Lon Macca e �+ Rettman Whlson BY° --------------- --�---- —L-�--- ----- Adopted by Council: Date J U L 3 1 1990 Form Approved by City Attorney Adoption Certified by Council Secretary BY: �� , ��E�` BY� Approved by Mayor for Submission to Council Approved by Mayor: Date ��E�� 199� By: By: PUBtISNED �+U G 1 11990. � - �01�7` l�1` �N Ti�i�°K� �t�0��/•� DEPARTMENT/OFFICFJCOUNCIL DATE INITIATED N� _10 6 4 7 L!C'�� GREEN SHEET CONTACT P 6 PHONE INITIAL/DATE INITIAUDATE �DEPARTMENT DIRECTOR �CITY COUNCIL c��`'�� ASSIGN �CITY ATTORNEY �CITY CLERK NUMBER FOR MUST BE ON COUNCIL AGENDA BY(DATE) ROUTING �BUDGET DIRECTOR �FIN.6 MGT.SERVICES DIR. ORDER MAYOR(OR ASSISTANn CONSENT AGENDA 7 31 90 � ❑ TOTAL#OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: License - Adverse Action Resolution represents action taken by the Coundil during public hearing on July 19, 1990. MUST be on COUNCIL AGENDA OF 7/31/90. RECOMMENDATIONS:Approve(A)or ReJect(R) pERSONAL SERVICE CONTRACTS MUBT ANSWER THE FOLIOWING QUE8TION8: _PLANNING COMMISSION _CIVIL 3ERVICE COMMISSION �• Has this person/ffrm ever worked under a contract for this department? _CIB COMMITTEE _ YES NO 2. Has this person/firm ever been a city employee4 _3TAFF _ YES NO _ DISTRIC7 COURT _ 3. Does this person/firm possess a skill not normally possessed by any current city employee? SUPPORT3 WHICH COUNCIL OBJECTIVE7 YES NO Explaln all yes answers on separate ahsst and ettach to yreen aheet INITIATINO PROBLEM,ISSUE,OPPORTUNITY(Who,Whet,When,Where,Why): LICENSE ADVERSE ACTION ADVANTAGE3IFAPPROVED: - DISADVANTAGE3 If APPROVED: DI3ADVANTAOES IF NOT APPROVED: TOTAL AMOUNT OF TRANSACTION $ � COST/REVENUE BUDGETED(CIRCLE ONE) YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION:(EXPLAIN) NO CI OC . la3 LJS n U • NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET INSTRUCTIONAL MANUAL AVAILABLE IN THE PURCHASING OFFICE (PHONE NO.298-4225). ROUTING ORDER: Below are correct routings for the five most frequent types of documents: CONTRACTS(assumes authorized budget exists) COUNCIL RESOLUTION (Amend Budgets/Accept.Grants) 1. Outside Agency 1. Department Director 2. Department Director 2. City Attorney 3. City Attorney 3. Budget Director 4. Mayor(for contracts over$15,000) 4. Mayor/Assistant 5. Human Rights(for contracts over$50,000) 5. City Council 6. Finance and Management Services Director 6. Chief Accountant, Finance and Management Services 7. Finance Accounting ADMINISTRATIVE ORDERS(Budget Revision) COUNCIL RESOLUTION(all others, and Ordinances) 1. Activity Manager 1. Department Director 2. Department Accountant 2. Ciry Attorney 3. Department Director 3. Mayor Assistant 4. Budget Director 4. City Council 5. City Clerk 6. Chief Accountant, Finance and Management Services ADMINISTRATIVE ORDERS(all others) 1. Department Director 2. City Attorney 3. Finance and Management Services Director 4. Ciry Clerk TOTAL NUMBER OF SIGNATURE PAGES Indicate the#of pages on which signatures are required and papercllp or flag each of these pages. ACTION REQUESTED Describe what the projecUrequest seeks to accomplish in either chronologi- cal order or order of importance,whichever is most appropriate for the issue. Do not write complete sentences. Begin each item in your list with a verb. RECOMMENDATIONS Complete if the issue in question has been presented before any body, public or private. SUPPORTS WHICH COUNCIL OBJECTIVE? Indicate which Council objective(s)your projecVrequest supports by listing the key word(s) (HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT, BUDGET,SEWER SEPARATION). (SEE COMPIETE LIST IN INSTRUCTIONAL MANUAL.) PERSONAL SERVICE CONTRACTS: This information will be used to determine the citys liability for workers compensation claims,taxes and proper civil service hiring rules. INITIATING PROBLEM, ISSUE,OPPORTUNITY Explain the situation or conditio�s that created a need for your project or request. ADVANTAGES IF APPROVED Indicate whether this is simply an annual budget procedure required by law/ charter or whether there are specific ways in which the City of Saint Paul and its citizens will benefit from this projecUaction. DISADVANTAGES IF APPROVED What negative effects or major changes to existing or past processes might this projecUrequest produce if it is passed(e.g.,traffic delays, noise, tax increases or assessments)?To Whom?When?For how long? DISADVANTAGES IF NOT APPROVED What will be the negative consequences if the promised action is not approved?Inability to deliver service?Continued high traffic, noise, accident rate?Loss of revenue? FINANCIAL IMPACT Although you must tailor the information you provide here to the issue you are addressing, in general you must answer two questions: How much is it going to cost?Who is going to pay? r. � ,C N � U U N •�+ rtf � 'L'S r--I � U� � O -� .II •��-1 � V � � N No� � � � �^ �� ►-�� b T� N � N •k �� ,N � N r-1 O � � "� N c� N .� c� • •rl Q+ 01 \ N � � W rn U F� `-'GU •• �. � � ¢+ N O fr N •-• �. •-• CO N r-I ?� • d� � •• U1 rn . O oo .� c0 .-. U rl � cC +� O ?� N 7r oo y •rl co co � � o� •rl H O 'C3Ul � U � �� N \ No0 �O V1C0 rl �J'1 IO Zf N � ri f� � � CO fC � RS I� tP •• � i� C.' N \ O 'LS O 'Lf \ 'CE N 'L3 N � � •• •rl G) r-1 l� •rl �—i M ri \ •'-1 � ►7'� V QI t-i �f � 10 'J M � M � e—I � f`1 � ri •e'1 � .� r-I �"+ ZT � .° a � � a� � � a�i ''' � � � a�i � � •.�-� � � N � -rl U U � a o +� �•.� � � � � °� �n b •° � a�i � � � '��„�j � � k7 U +� +� +� +� •� � �—I r-I .-. r--1. N N N Ul 't3 � U � V .. � .. � +� � +� +� � N �aa� a � �o �n � o 0 0 0 � o V � Cf � � � �N U U U U � U � b a °� °1 `� � `� z z° z° z° � 3 �� ,� O U � � = � � � � c� � = = = � � � -� N •� � � U1 . � � O U � � c�d � V � 3 > H � E�+ �.0 � � � ,� .a° � � ro a� w � � +� � .. �+ v�i .q w z ,-�iw° � � � � � •�G] � H H G� � � H C � � � � '�, o� N � � f,,,i rl � WF�-� D O N 3 � . � �—�i N � +� W H 3 3 LL �a ro a z �a o a� � � � a, o �+ s� +� ,� h Hb � � m� � � � � � � � W •rl 00 U) N +� O O rl E N W — tI� N W .. .. ,c� zs � a b s-� •� m a� d � w �s � c� zs -� � .N � a � � o � � H 3 � � -� ca zw � � h � � o w w ��:�� - -�� N . 't3 � N � � � .� � 4) � � � � O •rl•.-1 � � +� d-� •ri U � � U wU � ` �� C�1 Q� � � � (n A ,A 'b r-�I � U � i� O4 tn � '� '� � �+ ��-I W � H W � O .�. .� .-. S�-I � � .� N O � O � o0 0� O .� �s W a� rn rn �+ � � � � N � � O ?+ n, oo co rn ' o0 0o co � ,� O N U � fA .-. N \ rn \ Sa CO U1 O \ U1 \ �n \ U � �"� Q+,L', '� � .-i ?�l� ?�� ?�co � \ ?�tn O ?+d� ?+�o U y„� y,� • O U1 � cd �J'� Id fC 0� fd N (d �-1 �-1 ln I�iR r-I fd N R�tS e-i O � � �T .�r�.� ''�' � U � �r '� � 'CS � b � �^` � � � '� � 'V � yy�� (� �r V � 0 •1"' � 1"'� � � W l"� � � � (\ T1 � 1"1'� � O � (� � a �, �- �o �- � �- a �- � o �- M �- � � �- � o � a� •� U .� +� A U � � � 3 � � � � p �� '� �' � c�d �v1 � �� rl N �''� � � N � N � r-1 � � � +� . N � � -� .� � � w N -� R� p � S3� � � �'� � A � � � � •� +� � �S .° � a� a � � +� � �' � H � � b � ,�; .� .� .. � .. �' o �, � � � � N �-�'� � � �V � .� W +� +� � +� � a �, v, .,� � � 3 � N .�. ,-. 3 � O W � � +� N N N UJ ,� d � co rn � � � -- O • �3 � � � � � 3� a o N � � o 0 o cn o°10 � .� • ,°� � o a�,,, N w w t!! U c� N n� � U U U �c� O +� � rl '� W A +� O � c� � � O O O � t i � O � cH 'd � �i � � O IQ�i �-.� ('7 � r-1 � 'Zr '�-� �.r f`') `-' Q) �' N � '� '�i � � ;') �" � 3M � � � N � � � +� � Z7► 3 O N � = = = = = = o �., o 00 � � � ,� -� �i '� O ,-�i � � N � �d y .� � �� A � A � 0 A 'd A � 'N � � � � � �� W � � � m c� � w � x � ° � +�io � �+ � b o � �, � � � m a� a� +� o c� zs +' � •� a � a H O H = = = - = = t]� � � ,� 'd Q -� � '� c� '� U .� � .� � �+-+ ,� N � � � � � •N � � -� �' b�� 3 v�i 3 � � 3 +�i �o +� �' ,� � � � a� � o a�i o +� � o �s s� a a� � � +� � o 0 0 �d � u� Q a� a� � a� .� � �s � � �-� M -.� � t� ro � �, � +� 3 � � +� s� s� o � rts � � •.� ro � o � rts rt s� a � � s� - u, a� w s� u� � a� oa a� �c �+ s� a� a� o s� o s� W W •� .Cl U PO N td � �-1 .� O � rl t1+ Ul O rl N N - OU tA t]., .F� U A U td c� cd A N � N •� � \ � o�n c�d � � -x c�d -� Q, H '� '�i W C7 t7 ►�4 � W p4 c!� �'�r�- ob � � � � N � � � O � � �U � � O i'., H .-• W � � � � O ?+ co �. .o rn U � ?i o ?i� ?i\ +� �' � .� � '� \ b �i 'd \ � 'Cf •.� Gl rn \ o� '-� r� U W M � Me-i 10 � f� U1 '� '� � � � � � � O .O'��j ri � � � � O � O '�.,-i C.• � � O � '� . .,� �--I � � � N � N W b � W C1 '� 'b W O � � � � � U N N � �"� M a � � ?�o w° � . v1 U U � o N � c� �7 � O O � o�0 3c� a z z � -- o, •. � � . � o 00 •,� � : � � N •� � � N � �i � N O � � � N U �,, � N cd c� � 'C7 � N � � � � W r'�-I r'�-1 � � H O H C H � '� N � � U�1 A 3a U � ¢, • �i � N -N f�A � � •,�.� O N f.�A +� t!1 f„� � .� 3 � 3 � a � � � � w � '� `� t� � � �n � `� m w -� a� � a� o 0 UI O �-1 U W S-i A ?+ U +� rts � A �s c� x N OA � � � 't3 � U � C-�+ � x W 3 t i � cwA a , ��7G /�`,� /� T � `� � . � *� � 1�191➢IeQL� �......}, ,'"��'� G�'�o,��2� t�'�� „C„` u7,'. � ' � •:+ ` �%'1 �� = �� °su �. - — � �- ...� ��IL.f�� (/��f�,�' ' �?��1&58�,�d 96 - �r- � � nnn�nn� �. ` � � STATE O F M I N N ESOTA �=t OFFICE OF ADMINISTRATIVE HEARINGS r•, � FIFTH FLOOR, FLOUR EXCHANGE BUILDING � 310 FOURTH AVENUE SOUTH , � r MINNEAPOLIS,MINNESOTA 55415 �,�T� (612)341-7800 ,� ,_..(� � ��:��::lt_� June 19, 1990 �u��`�� `" . �i.EE�;;'� Albert B. Olson, City Clerk St. Paul City Council 386 City Hall St. Paul , MN 55102 Re: In the Mafiter of the Licenses of Thomas Enterprises, Inc. d/b/a Brown Derby Lounge; OAH Docket No. 59-2101-4560-6 Dear Mr. Olson: Enclosed herein please find the original Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge in the above-entitled matter. I also enclose the official record, and I am closing our file in this matter. Sincerely, ��/�.J -/ PAIGE PURCELL Docket Cterk, OAH Telephone: 612/341-7615 PP Enclosure AN EC�UAL OPPORTUNITY EMPLOYER r • • � v -/� f� STATE OF MINNESOTA) ) ss. AFFIDAVIT COUNTY OF RAMSEY ) Melvin B. Goldberg, being first duly sworn on oath, deposes and says that on June 14, 1990, he served the attached Findings of Fact, Conclusions, and Recommendation on the persons listed below, by placing a true and correct copy thereof in an envelope addressed as shown and depositing same, with postage prepaid, in the United States mail at St. Paul, Minnesota. Mr. Raymond D. Thomas, Pres. Mr. Philip B. Byrne Thomas Enterprises, Inc. Assistant City Attorney d/b/a Brown Derby Lounge Office of the City Attorney 567 Stryker Avenue 647 City Hall St. Paul, MN 55107 St. Paul, MN 55102 Mr. Richard L. Matykiewicz Attorney at Law 1100 Capital Center 386 N. Wabasha St. Paul, MN 55102 � ffiant Subscribed and sworn to before me this 14th day of June, 1990. �,��. �� Notary u lic MEIONEE R. HAM -!.1 ' NOTARY�1101.IC-M{NNESOYA ($ANT� ri�UNN Mr comm�a�on ffxplro.rrov.te.,900 . . , .�, ...F..�.,,....•�. ..,.. .. ... .� : . , � 1 � , � �� < � ,. �s+ " : Y.� � _�, .� � . � * . -. � . . ....4 i . _ �U `��' •°"_°•. CITY OF SAINT PAUL °~~ •" OFFICE OF THE CITY ATTORNEY : =E�i°1i ; ♦� A� �••• JANE A.MC PEAK, CITY ATTORNEY � -� �•''� 647 City Hall,Saint Paul,Minnesota 55102 �h L�t ti��.['� bia-a9s-siai JAMFS SCHEIBEL JUi�211990 FAX 612-298-5619 MAYOR June 20, 1990 l�i i , (.i..E�;!� Mr. Richard L. Matykiewicz Attorney At Law NOTICE OF COIINCIL HEARING 1100 Capital Center 386 N. Wabasha St. Paul, MN 55102 RE: Licenses held by Thomas Enterprises, Inc. d/b/a Brown Derby Lounge for the premises at 567 Stryker Avenue, St. Paul, MN. Dear Mr. Matykiewicz: 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. , July 19, 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 Hearing. No new evidence will be received or testimony taken at 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 from the recommendations of such Judge as permitted by law in the exercise of its judgment and discretion. Very Truly Yours, ph�t,,r '�,�.4 �,�, PHILIP B. BYRNE Assistant City Attorney cc: Robert Kessler License Inspector � Lt. Nancy DiPerna Vice Unit Albert Olson City Clerk . - - � ��-�a�� ./� ..,�„�,,� �� . . .w��,� � JUN 15 1990 STATE OF MINNESOTA :�.,=.r OFFICE OF ADMINISTRATIVE HEARINGS ''' � �� ' �y� �� :� . ��:��y�� 400 SUMMIT BANK BUILDING 310 FOURTH AVENUE SOUTH MINNEAPOLIS. MINNESOTA 55415 (612) 341•7600 June 14, 1990 Mr. Raymond D. Thomas, Pres. Mr. Philip B. Byrne Thomas Enterprises, Inc. Assistant City Attorney d/b/a Brown Derby Lounge Office of the City Attorney 567 Stryker Avenue 647 City Hall St. Paul, MN 55107 St. Paul, MN 55102 Mr . Richard L. Matykiewicz Attorney at Law 1100 Capital Center 386 N. Wabasha St. Paul, MN 55102 In Re: The Liquor Licenses of Thomas Enterprises, Inc. d/b/a Brown Derby Lounge 59-2101-4560-6 Gentlemen: Enclosed and served upon you, please find my Findings of Fact, Conclusions, and Recommendation in the above encaptioned cause. Since�ely yours, !/ � �L�� Z � Melvin B. Goldberg Administrative Law Judge 875 Summit Avenue St. Paul, MN 55105 (612) 290-6342 AN EQUAL OPPORTUNITY EMPLOYER � n� �55-C .. . , , `'��.e a�� 9��/,Z� JUN 15 1990 � . �`�..r..�; ��a��a �._;, ' �" � ' 59-2101-4560-6 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY OF ST. PAUL, MINNESOTA In re the Liquor FINDINGS OF FACT, Licenses of Thomas CONCLUSIONS , AND Enterprises, Inc. , d/b/a RECONIl�iENDATION Brown Derby Lounge The above-entitled matter came on for hearing before Administrative Law Judge Melvin B. Goldberg at 9: 00 a.m. on April 16, 1990. The record closed on May 23 , 1990 after the receipt of post-hearing briefs from Petitioner and Respondent. Philip B. Byrne, Assistant City Attorney, City of St. Paul, 647 City Hall, St. Paul, Minnesota 55102 appeared on behalf of Petitioner. Richard L. Matykiewicz, Attorney at Law, Suite 1100 Capital Centre, 386 North Wabasha Street, St. Paul, Minnesota 55102 appeared on behalf of Respondent Thomas Enterprises, Inc. d/b/a Brown Derby Lounge. This Report is a recommendation, not a final decision. The St. Paul City Council will make the final decision after a review of the record which may adopt, reject or modify the Findings of . Fact, Conclusions, and Recommendations contained herein. Pursuant to Minn. Stat. §14 . 61, the final decision of the Council shall not be made until this Report has� been made available to the parties to the proceeding for at least ten days. An opportunity must be afforded to each party adversely affected by the Report to file exceptions and present argument to the Council. Parties should contact Albert B. Olson, City Clerk, St. Paul City Council, 386 City Hall, St. Paul, Minnesota 55102, to ascertain the procedure for filing exceptions or presenting - argument. STATEMENT OF ISSUES The issue in this proceeding is whether Thomas Enterprises, Inc. , d/b/a the Brown Derby Lounge participated in illegal gambling in violation of the St. Paul Legislative code, §409 . 08 (6) and if so whether Respondent' s liquor license should be revoked, subject to fine, or suspended; and if suspended, for what period of time. Based upon all the proceedings herein, the Administrative Law Judge makes the following: � � . � � 9a-/a�3 " FINDINGS OF FACT l. Raymond D. Thomas is the president and principal operator of Thomas enterprises, Inc. , d/b/a Brown Derby Lounge. The Brown Derby Lounge is located at 567 Stryker Avenue, St. Paul, Minnesota. At the time of the alleged violation the corporation had an On Sale Liquor (.C) , a Sunday Liquor, a Restaurant (B) , an Off Sale Malt, an Entertainment II, and a Class A Gambling Loc. license. These licenses expired on March 31, 1990 and all were renewed and will expire on March 31, 1991. 2 . Thomas Enterprises has owned and operated the Brown Derby Lounge since March l, 1989 . 3 . Sgt. Mark Kempe is employed by the St. Paul Police Department. As of the date of the hearing he had been assigned to the Vice unit for approximately two years. 4 . On December 30, 1989 Sgt. Mark Kempe was on duty and undercover in the Brown Derby Lounge investigating complaints of underage drinking in the establishment. Sgt. Kempe was accompanied by Sgt. Quinlan, also a police officer employed by the City of St. Paul. Only Sgt. Kempe testified and was present at the hearing. 5. Sgt. Kempe and Sgt. Quinlan were identified as police officers shortly after they entered the Brown Derby Lounge on December 30, 1989. Raymond D. Thomas and Dennis J. Milon, who were later identified as the bartenders on December 30, 1989, discussed the presence of the officers. Mr. Thomas warned Mr. Milon to be sure he did not serve liquor to any minors because of the presence of the officers. 6. On December 30, 1989 while in the Brown Derby Lounge, Sgt. Kempe and Sgt. Quinlan observed three men playing the video poker machine located on the west wall of the establishment. The officers were seated at a table located near the video poker macr.ir.e. - 7 . Respondent's Exhibit A was admitted at the hearing and is a rough drawing of the interior of the Brown Derby Lounge prepared by Mr. Thomas . This drawing illustrates that Sgt. Kempe and Sgt. Quinlan had a view of the video poker machine and the cash register from where they were seated. 8. The officers observed the three men who were playing the poker machine attain a score of over 300 points on the video poker machine. One of the men then approached the bartender on the west end of the bar. The bartender cleared the points from the video poker machine with a remote control device and handed the man some cash. The man then divided the money� he received . 2 - �. � - � ��-/a� from the bartender among himself and the other two men who had been playing the poker machine with him. Sgt. Kempe did not see how much cash the bartender gave to this man and could not see where the bartender took the cash f=om. The bartender was later identified as Raymond D. Thomas. � 9 . A short time later Sgt. Rempe and Sgt. Quinlan observed a women wearing a pink sweater playing a video poker machine. This woman attained a score of over 100 points on the machine. The woman then approached the same bartender, Mr. Thomas, who cleared the points from the video poker machine and handed the woman some cash. 10. At this time Sgt. Kempe and Sgt. Quinlan repositioned themselves to seats at the bar on its east end. From their new vantage point the officers observed the woman in the pink sweater again playing the video poker machine from their position at the bar. After playing the machine for awhile the woman in the pink sweater again approached Mr. Thomas on the west end of the bar. The officers observed Mr. Thomas pick up the remote control device that had been used previously to clear points from the video poker machine. Mr. Thomas pointed the remote control device at the video poker machine and then handed some cash to the woman in the pink sweater. At this time Sgt. Kempe and Sgt. Quinlan observed Mr Thomas take the cash from a wooden drawer located 10-12 inches below the top of the bar directly underneath the cash register on the west end of the bar. 11. Sgt. Kempe and Sgt. Quinlan left the Brown Derby Lounge after observing the above-listed activities. The officers had been �in the bar from about 9:40 p.m. to 11:30 p.m. 12 . On January 17, 1990 Sgt. Kempe obtained a search warrant to search the Brown Derby Lounge. The warrant was based on an affidavit containing essentially the facts listed in Findings 6-10. Sgt. Kempe erroneously stated in the warrant affidavit that he and Sgt. Quinlan made their observations on December 12 , 1989 rather than December 30, 1989. 13 . On March 28, 1990, Sgt. Kempe wrote a supplementary report to correct his February 2, 1990 Info to Vice Report. This supplementary report stated that his observations at the Brown Derby took place on December 30, 1989 rather than December 12, 1989. This report was admitted at the hearing as Exhibit 13 . 14 . Respondent' s attorney was not provided a copy of Exhibit 13 prior to the hearing. 15. The Notice of Hearing in this matter clearly stated that the alleged violations took place on December 30, 1989. 3 . �o-/a 9a 16. The search warrant was executed on January 17, 1990 by Sgt. Kempe, other officers of the Vice Squad and Officer Klein and Officer Cermak of the St. Paul Police Department. As a result of their search of the Brown Derby the officers recovered the following: -$873 in cash from the wooden drawer (discussed in Finding 4) -two remote control transmitters used to clear and reinstate the score on the poker machines -two "Draw 80" poker machines -$35.75 in cash from one of the poker machines -$11 in cash from the other poker machine Officer Cermak photographed the poker machines and the wooden drawer. These photos were admitted into evidence at the hearing. 17. Sgt. Kempe returned to the Brown Derby Lounge approximately ten times after December 30, 1989 attempting to obtain an identification of the bartenders he and Sgt. Quinlan had observed tending bar at the Brown Derby on December 30, 1989. These two bartenders were identified by St. Paul police officers as Raymond Donald Thomas and Dennis John Milon after Sgt. Kempe observed the two working at the Brown Derby Lounge on February 2, 1990. 18. In addition to Sgt. Kempe's ten visits to the Brown Derby, other St. Paul police officers visited the Brown Derby approximately 33 times between January 17, 1990 and February 27, 1990. The City presented no evidence that was obtained during these 33 visits and there is no other explanation in the record for this pattern of extensive surveillance at the Brown Derby. 19. The video poker machines seized from the Brown Derby are coin operated games which people play to attain points. _If a player obtains a high enough score �4n the machine, the player wins a free play on the machine. The poker machines are not in themselves illegal and they were legally present in the Brown Derby Lounge. The machines are owned by a vendor (Dahlco) . 20. The remote control transmitter 3evices seized fro;n the Brown Derby are not in themselves illegal. These transmitters are used for legal purposes such as clearing points from a machine if a player wins free games and leaves the bar without playing the free games. The transmitters are also used to reinstate points after a player who has attained a winning score returns to the bar to resume play. 21. The Brown Derby Lounge cashes many of its customers paychecks and other two-party Ghecks . The wooden drawer under ' the cash register is ordinarily used to keep extra cash for cashing checks, making change and paying vendors . 4 - . . �L i��. 22 . Petitioner, through its Assistant City Attorney states that the alleged violations herein should be regarded as respondent's first violation. Petitioner requests an upward deviation from the presumptive penalties set out in the St. Paul Legislative Code §409.26. � Based on the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Council of the City of St. Paul and the Administrative Law Judge have jurisdiction in this matter pursuant to St. Paul Legislative Code §310.05. 2 . The City of St. Paul has fulfilled relevant substantive and procedural requirements of law and ru1e. 3. The City of St. Paul has given proper notice of the hearing in this matter. 4. The_ St. Paul Legislative Code §409.08 (6) provides as follows: . . .No licensee shall keep, possess or operate, or permit the keeping, possession or operation of, on any licensed premises or in any room adjoining the licensed premises any slot machine, dice or any gambling devices or apparatus, or permit any gambling therein (whether or not licensed by the State) . . . 5. The City of St. Paul has proved by a preponderance of evidence that Thomas Enterprises, Inc. , d/b/a Brown Derby Lounge violated the St. Paul Legislative Code �409.08(6) by making cash payoffs to customers playing the video poker machines and thereby permitting gambling on the premises on December 30, 1989. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: 5 . . ��-ia�a RECOMMENDATION IT IS RESPECTFULLY RECOI�IENDED that the St. Paul City - Council suspend the liquor licenses of Thomas Enterprises, Inc. d/b/a Brown Derby Lounge for 3 consecutive days with two days of this sentence suspended. Dated: June 1�f, 19 9 0 � , Melvin B. Goldberg 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 upon the Administrative Law. Judge by first class mail. � Reported: Taped. Two cassettes. ' 6 � : � - �v��a g� � MEMORANDUM Respondents challenged the validity of the search warrant obtained by Sgt. Kempe based on Sgt. Kempe' s erroneous affidavit which stated the incorrect date of his observations at the Brown Derby. The warrant was valid regardless of Sgt. Kempe's error. A warrant is not invalid because of erroneous information in the supporting affidavit unless the affiant deliberately falsified or recklessly disregarded the truth and the affidavit fails to establish probable cause after the false information is set aside. State v. Randa, 342 N.W. 2d 341, 343 (Minn. 1984) , citing Franks v. Delaware, 438 U.S. 154 (1978) , and State v. Causev, 257 N.W. 2d 288 (Minn. 1977) . First, there is no evidence that Sgt. Kempe deliberately falsified or recklessly disregarded the truth when he listed the incorrect date of his observations in his affidavit. Sgt. Kempe had nothing to gain by misstating the date in his affidavit. The date the observations took place added nothing to the affidavit which would have made Judge Gearin more likely to authorize the warrant. Respondents did not dispute that Sgt. Kempe and Sgt. Quinlan were in fact present in the Brown Derby as undercover officers at one time. Second, the warrant would be valid if the misstatement were set aside. The remainder of the warrant established that the officers had in fact been in the Brown Derby and had personally observed evidence of gambling. Because the search warrant was valid, all evidence obtained pursuant to the warrant may properly be considered in this proceeding. However, none of the evidence obtained pursuant to the search warrant tended to prove or disprove the case. The conclusions of the ALJ are based solely on the �testimony presented at the hearing. Respondent argued that he was prejudiced by Petitioner's failure to provide him with a copy of Exhibit 13 prior to the hearing. In essence, Respondent contends that he was not . prepared to defend against alleged violations that occurred on December 30, 1989 because the warrant affidavit made reference to December 12 , 1989 . Respondent was not prejudiced by Petitioner's failure to disclose Exhibit 13 . The Notice of Hearing clearly stated that the alleged violations occurred on December 30, 1989. Respondent was aware of Petitioner' s intention to prosecute alleged December 30, 1989 violations. Further, Respondent did not request a continuance once Exhibit 13 was admitted into evidence. 7 � � . �'o -/�� The only reasonable inference that can be drawn from Sgt. Kempe' s observation at the Brown Derby is that Mr. Thomas made cash payoffs to customers playing the video poker machines. Sgt. Kempe observed Mr. Thomas hand cash to two different poker machine players immediately after he cleared the points from the machines.. Sgt. Kempe had observed these two individuals attain high scores on the machines. In addition to observing the bartender give cash to the man who won over 300 points with his. two companions, Sgt. Kempe also observed this man return to his companions and divide the cash he had just received among them. No evidence established that the cash payments Sgt. Kempe observed were made for any reason other than as payoffs for obtaining high scores on the poker machines. There are legal reasons for a bartender to hand cash to a customer in a bar, e.g. if the customer is cashing a check. There was no evidence that any of the payoffs observed by Sgt. Kempe involved check cashing or any other legal transaction. The fact the officers observed two cash payments taking place almost simultaneously with clearing the machine, and immediately after the customers obtained high scores on the machines leads to the conclusion that the Brown Derby was engaged in illegal gambling. Raymond Thomas and Dennis Milon denied that illegal gambling took place in the Brown Derby. The ALJ does not find the � testimony of Mr. Thomas or Mr. Milon to be credible due to inconsistencies in their testimony. At one point during his testimony, Mr. Milon directly contradicted himself. Mr. Thomas testified that he had almost no information about the financial relationship his bar had with the video machine company that placed the machines in the Brown Derby (Dahlco) . Specifically, Mr. Thomas did not know what percentage of the poker machine receipts the Brown Derby received from Dahlco. It seems unlikely that a business owner would not have information concerning income-producing endeavors on the business premises. Both Mr. Thomas and Mr. Milon testified that they could not remember the particular customers the officers observed receiving payoffs. The ALJ finds this testimony difficult to believe in light of Mr. Thomas ' s and Mr. Milon' s additional testimony. Mr. Thomas and Mr. Milon testified that they remembered the bar was not crowded on December 30, 1989 and that it is a neighborhood bar that primarily serves a crowd of regulars. Further, the bartenders did remember that Sgt. Quinlan and Sgt. Kempe were present in the bar on December 30, 1989, a fact they were acutely aware of because they were on their guard to avoid serving liquor to minors. If all of this were true, the bartenders would have remembered the customers who received payoffs. 8 , ��-/a�� The ALJ is aware of the seeming unlikelihood that the bartenders would engage in illegal gambling with the knowledge that police officers were in the bar. However, the observations of Sgt. Kempe and Sgt. Quinlan indicate that gambling did in fact take place. There was no evidence that the observed payoffs involved check cashing or any other Yegitimate activity. Mr. Thomas probably had no choice but to make the payoffs to winning customers and hope he would not be observed. The only other option would have been to explain .to the customers that the payoffs were illegal. Mr. Thomas apparently believed the officers were present to investigate illegal serving of liquor to minors so he may have believed he could make the payoffs undetected. Respondent suggested in his brief that the failure of Sgt. Kempe and Sgt. Quinlan to make on-the-spot arrests on December 30, 1989 somehow weakens Petitioner's case. The ALJ does not find it significant that immediate arrests were not made. In light of the fact these officers were working undercover on December 30, 1989 the officers would have been concerned about being identified. It is also likely the officers desired further investigation of the Brown Derby before making any arrests. The ALJ does not find any substantial or compelling reasons for an upward deviation from the presumptive sentence and Petitioner has not presented any evidence to that effect. Respondent should �receive the presumptive sentence with two days suspended. The AIJ finds that a two-day suspension is warranted because Mr. Thomas is a young bar owner who only recently entered the bus iriess. ' MBG . 9 . - � �� STATE OF MINNESOTA) ) ss. AFFIDAVIT COUNTY OF RAMSEY ) Melvin B. Goldberg, being first duly sworn on oath, deposes and says that on June 14, 1990, he served the attached Findings of Fact, Conclusions, and Recommendation on the persons listed below, by placing a true and correct copy thereof in an envelope addressed as shown and depositing same, with postage prepaid, in the United States mail at St . Paul, Minnesota. Mr . Raymond D. Thomas, Pres. Mr. Philip B. Byrne Thomas Enterprises, Inc. Assistant City Attorney d/b/a Brown Derby Lounge Office of the City Attorney 567 Stryker Avenue 647 City Hall St. Paul, MN 55107 St. Paul, MN 55102 Mr . Richard L. Matykiewicz Attorney at Law 1100 Capital Center 386 N. Wabasha St. Paul, MN 55102 � c�. 0 ffiant Subscribed and sworn to before me this 14th day of June, 1990. ��1��.�� Notary u lic :�'~� MEl.ONEE R. HAM '��!� � NOTARY Pl18UC-MINNESOTA - �"�F ISANTI COUNTY My Commisaion Explros Nov.18.t890 -r - � - ''��fr�� P � � `��'� ��;; -- � � ,�.t:o, ��.., r �,�� R° � MpR � �' �` CITY OF SAINT PAUL a ; ; ;,;�;;�m ; ��'�►II�FICE OF THE CITY ATTORNEY +• Av Q� � �� A`�°�� JANE A. MC PEAK, CITY ATTORNEY 647 City Hall,Saint Paul,Minnesota 55102 � �I �.` 1 _ � C / �` + � 612-29&5121 JAMFS SCHEIBEL �- V J�P v FAX 612-29&5619 MAYOR March 19, 1990 Mr. Richard L. Matykiewicz Attorney At Law 1100 Capital Center 386 N. Wabasha AMENDED NOTICE OF HEARING St. Paul, Minnesota 55102 RE: City of St. Paul vs Thomas Enterprises, Inc. , d/b/a Brown Derby Lounge Dear Mr. Matykiewicz: At your request, the hearing in the above referenced matter has been rescheduled for the following: Date: April 16, 1990 Time: 9 a.m. Place: Room 1504A City Hall Annex 25 West Fourth Street St. Paul, MN 55102 The Judge will be an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Jon L. Lunde State cf Minnesota Fifth Floor, Flour Exchanqe Building 310 Fourth Avenue South Minneapolis, Minnesota 55415 Telephone: 341-7645 I have enclosed a copy of the original notice of hearing. The time and date of the hearing are the only changes to this notice. Please notify the licensee of this change. `, � na ,'��/�3 March 19, 1990 Page two Mr. Richard Matykiewicz If you have any questions, please don't hesitate to call me at 298- 5121. Si erely, . P ILIP YRN Assista t City Attorney cc: Robert Kessler Acting License Inspector Albert Olson City Clerk Paige Purcell Office of Administrative Hearings Jon Lunde Administrative Law Judge Lt. Daryl Olson Vice Unit Ms. Darlene Schiller, C. O. West Side Citizens Organization . � �`tT* o, ��-�as� �. ,, CITY OF SAINT PAUL : �i��,�� ; OFFICE OF THE CITY ATTORNEY ., „� ,••• Q PEAK, CITY ATTORNEY �1 ' ��nt Paul,Minnesota 55102 612-298-5121 JAMES SCHEIBEL FAX 612-298-5619 MAYOR MAR � � ±��,� '��s�r�r,v March 13 , 1990 C ��A RIA� `� � Mr. Raymond D. Thomas, Pres ident �A�ICE �F FI�AT�T�`TG Thomas Enterprises, Inc. d/b/a Brown Derby Lounge 567 Stryker Avenue St. Paul, MN 55107 RE: City of St. Paul vs Thomas Enterprises, Inc. , d/b/a Brown Derby Lounge Dear Mr. Thomas: This is to notify you that the hearing will be held concerning all the licenses held at the premises stated above at the following time, date and place: Date: April il, 1990 Tim�: 9 a.m. Place: Room 1504A city Hall Annex 25 Aest Fourth Street St. Paul, MN 55102 The judge will be an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Jon L. Lunde State of Minnesota Office of Administrative Hearings Fifth Floor, Flour Exchanqe Buildinq 310 Fourth Avenue South Minneapolis, Minnes��a 55415 Telephone: 341-7645 as the authorit to rovide o the Cit of Saint Paul h p The Council f y Y for hearings concerning licensed premises, and for adverse action against such licenses, under Chapter 310, including sections 310.05 ' 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. --�-�- rir�-c:.=-ra+.. •:.T-.'^'ST"-.""Y . T - ;'•- ..s w,e . iK 'y, �_ �'�y�.� r��_�`��7�.a�=.,�� -�.+�` ,.--'^-r:zr_�::.:�.��_._. r _ . ....v.;. .. .,..�..4�.�_�r:+. ...�._�„r._.r^:T34� r ....: . ...., ,i. �a.:.:3a��.......w_ ..'`�:«.� .. .__. d_�:....i� . .---.. .... .. . _ �= � /��'a . . 90. Mr. Thomas Page two March 13, 1990 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: on December 30, 1989, at about 9:40 p.m. , the bartender made payoffs to customers gambling on the video poker machines. On January 17, 1990, as a result of the execution of a search warrant, evidence of unlawful gamblinq activities was seized by police officers. 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 you choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted 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 present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses who have substantial interest in the outcome of the proeeeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. 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. . ....�.,� ... _.,,, .�,�, < ., ..�.�- . _ -:_. .. ., _. _ ,_ . ._. . ,_.. . , ._ . _ _ .:.�. �.- ..:.-. n� . ,.�hti. .... ... , �. _.. .,. . .<.,:. �� , a-....:r a ,��. ��' . =- 9a -/�sa Mr. Thomas Page three March 13 , 1990 _ If you fail to appear at the hearing, the allegations against you which have been stated earlier in this notice may be taken as true and your ability to challenge them forfeited. If non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, section 14. 60, subdivision 2. Very Truly Yours, . �. PHILIP . BYRNE Assistant City torney cc: Robert Kessler Acting License Inspector Albert B. Olson City Clerk Paige Purcell Office of Administrative Hearings Lt. Daryl Olson Vice Unit Ms. Darlene Schiller, C. O. West Side Citizens Organization -------- ---- --------•--T—,..•..:_,._.._....-.�_.___,... __.,�.�._:u,�.,e:sr..r:c=ia,,.Y,_..af.JF.t-..>:..:::.., r.-._:,-;_� ?...- . . .-c.:.�r.s.e.....:.. .... . ;.,� � / i 1 �"Y ��' �./ / y y� � �� .� �'. STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) K.Darlene Guv, being first duly sworn, deposes and says that on March 19, 1990, she served the attached AMENDED NOTICE OF HEARING upon the following person(s) by placing a true and correct copy thereof in an envelope addressed as shown and depositing the same, with postage prepaid, in the United States mails at Saint Paul, Minnesota. Richard L. Matykiewic$ Attorney At Law 1100 Capital Center 386 N. Wabasha Saint Paul, Minnesota 55102 C�TY 0� ST. P�ktlt. VS THO?'�S EMi'ERPR�SES IPfC. dba� SRQW�� OfRBY L01A� 1�ARI� DllT� �PRII 15, 1994 CITY'S E�ilIBIT ��„_ �� Subscri�g�l and sw n to b ore me �ay , 19�. N a y c �M MrWwIMNN* JOIMNE 6.Q�fAi'S NOTARY PUBUF-MINNESOTA RAA�.SEY COUNTY 1�Caawistioa Expires Fe6�4�199Z r � l r i�'r. �xh'µ_�.<.i a?'I'P,,.;�. ,'�� .�,...x�,...,,:., . e � �v�/��3 . aa'att o•�„ , * CITY OF SAINT PAUL O H � =��„m A; OFFICE OF THE CITY ATTORNEY • v u.• JANE A. MC PEAK, CITY ATTORNEY 647 City Hall,Saint Paul,Minnesota 55102 612-298-5121 JAMES SCHEIBEL FAX 612-298-5619 MAYOR March 19, 1990 Mr. Richard L. Matykiewicz Attorney At Law 1100 Capital Center 386 N. Wabasha AMENDED NOTICE OF HEARING St. Paul, Minnesota 55102 RE: City of St. Paul vs Thomas Enterprises, Inc. , d/b/a Brown Derby Lounge Dear Mr. Matykiewicz: At your request, the hearing in the above referenced matter has been rescheduled for the following: Date: April 16, 1990 ' Time: 9 a.m. Place: Room 1504A City Hall Annex 25 West Fourth Street St. Paul, MN 55102 The Judge will be an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Jon L. Lunde State of Minnesota Fifth Floor, Flour Exchanqe Building 310 Fourth Avenue South Minneapolis, Minnesota 55415 Telephone: 341-7645 I have enclosed a copy of the original notice of hearing. The time and date of the hearing are the only changes to this notice. Please notify the licensee of this change. . 90-/2 �'� March 19, 1990 Page two Mr. Richard Matykiewicz If you have any questions, please don't hesitate to call me at 298- 5121. Sincerely, PHILIP B. BYRNE Assistant City Attorney cc: Robert Kessler Acting License Inspector Albert Olson City Clerk Paige Purcell Office of Administrative Hearings Jon Lunde Administrative Law Judge Lt. Daryl Olson Vice Unit Ms. Darlene Schiller, C. O. West Side Citizens Organization • �c� '�,�.! j � •`'**°'• CTTY OF SAINT PAUL �� ., � �j�,�� ; OFFICE OF THE CITY ATTORNEY � A� • '•" JANE A. MC PEAK, CITY ATTORNEY 647 City Hall,Saint Paul,Minnesota 55102 612-298-5121 JAMFS SCHEIBEL FAX 612-298-5619 MAYOR March 13 , 1990 Mr. Raymond D. Thomas, President NOTICE OFF�ARING Thomas Enterprises, Inc. d/b/a Brown Derby Lounge 567 Stryker Avenue St. Paul, MN 55107 RE: City of St. Paul vs Thomas Enterprises, Inc. , d/b/a Brown Derby Lounge Dear Mr. Thomas: This is to notify you that the hearing will be held concerning all the licenses held at the premises stated above at the following time, date and place: Date: April il, 1990 Tim�: 9 a.m. Place: Room 1504A City Hall Annex 25 West Fourth Street St. Paul, MN 55102 The judge will be an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Jon L. Lunde State of Minnesota Office of Administrative Hearings Fifth Floor, Flour Exchange Building 310 Fourth Avenue South Minneapolis, Minnesota 55415 Telephone: 341-7645 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises, and for adverse action against such licenses, under Chapter 310, including sections 310.05 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. --^-s..,..:t.._,,n."�u� xv. �� .. u��r•-err—rs.�f,.,�7.��,�.�s3.".'^'7ys�sof r��;{r a:."'�_� ` ir .. -�N 1�.r...��"s'zau�� . .��'; . .-'.^. � �Y ''v�'.. �- .,,�',v, •+r-• •^'°"_.+"' .'. + : .�... _.+.c��.a_:eiz-E. .�.,...a ... .. -.�b-.x_Y, �"s'�`��a.e. .. . '7. ..�..-✓ �.w.,. . -..t..._ .�.� _ _.._. .. .. . ....s . <.,....�.. .T. .r. ._ .. � . �.;< .�i t ^ _ �o �/2�3 Mr. Thomas Page two March 13, 1990 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: on December 30, 1989, at about 9:40 p.m. , the bartender made payoffs to customers gamblinq on the video poker machines. On January 17, 1990, as a result of the execution of a search warrant, evidence of unlawful gambling activities was seized by police officers. 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 you choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted 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 present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses who have substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken. You should bring to the hearing al� documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. 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. �,...,. ._ , —.-r_.k�.-,. �_... ;..,.r. --�.... -.---,._—ts�- .._.-_. c.v-;::. _. ...,.. � .�.. .._..�..;:'��S<ss:.:r- _s�?.�.. ... � _... .�r-°. . . -� � ��,�a � Mr. Thomas Page three March 13, 1990 . If you fail to appear at the hearing, the allegations against you which have been stated earlier in this notice may be taken as true and your ability to challenge them forfeited. If non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, section 14. 60, subdivision 2. Very Truly Yours, . �• PHILIP . BYRNE Assistant City torney cc: Robert Kessler Acting License Inspector Albert B. Olson City Clerk Paige Purcell Office of Administrative Hearings Lt. Daryl Olson Vice Unit Ms. Darlene Schiller, C. O. West Side Citizens Organization .....».��-. -.__._:.-.r-..,.n.,�—.�-....,-.-��.� .,,.._.�_��....�_� ..—,^'�' .�'_".:"..._�:� ._..._._._...,. .. ..r_�fr,r.ri.;c_."i�"e.i5:i:.'=.d4�!:�:n�`(s+�i'�1G`,�� ... ,_..�..,:?.:.,:.�yt�, .� . ..._;�'�`�,..._ , _� .� '" •. ..' '�' �� /� �� _- ----- - -- --- - --_ _ _ __ _ � � .• _ __ .� _ ___ � _�� __ _ _ ___ __- �� -_-_ __- -_ -__ _ _- _-_ _ � _ _ _ - -_ _ ___--� � �`°` ��- --- . � ___ -----_ _-_ ___ _ _--- - __--�--- - � _ --------- ------- -�__ ----- ---- --- . _ _ _ _ �5�---__ -- __ _----- -- -- __--- --- ----- ------ - - ---- -�--_ _ o ` - __ _ __ --�-_ _ --- —---- _ _--- __ --- _---------- - --------- -----_--- - --- _ _--- - - __---�°--__ _- ------- ---- ---- _--------- � -- - ---- - -_-- _ _____- � �- - -- -- --- --- --- -- ------ __ _ __�.. _ __-- - ---- _ " W . ..-.__—. ..__ •_•_----- ---�--- � ��- ---- - ------ ---- ---------__.—_.. _---- -- - -- � � ,u _- - - -- --�...____ -- - ---- ---- ------ --- - - -------- -__----- _ _ __ __ _�?Q..._ -- --- - _ --- ---_ --- - - - - - -- �--� � , � __ _ _- - _ _-- _--- --- --- - -- -- - ----- --------- Z � � -- �--- _--� '-_ . -_ __ --- ------ ----- - --__-- ,-. _ � � � __ _ - ------�..' -__ _-- ------- --- - - - -----_ ------ ___ _- -4 : _ ___ _-- -�- - y -- � - � - ---- -_ _� _ � ) b _. __ __ __ ----�-�*1--- - �� ^ __ -- -- —__--- ' � -----.. _-- ----- 7 , �� - . _ _ _ _ -- ---�^��«. —____ . ----- ---- _ _ - - -- �� , -- 4 . — -------------�-—_f--- _ _-- ---� __ _ -- ----- ---_....---— , � �. � ' -- -------------- ---------- - --r--- ,-- --- - ------ — --- - �� cs. -- ---- --------'- - ------- '�;--- -- — -- --_—_ _------- � � � � - ------------- --- ---- --- ------�� "� .L � - - ----- -- ,�— ��,.�- ---- - _____ _---.._ _r � - --- _ _____ -- � - --f------ \ - --- — ----- --------- -- � �_ __ _ -_ ___ -- --- - ------a-�----- �'�-� _ _ Q � q-� - - � ��---------- � � 1 •r o � -- ----------- ---------------------- ----------------------------- --- - �--�-------------- �� _-- - ------- . -- -- ___- --- - — _ _ _ --- -- -:__ _ -- - -- _ - - �- --- -- -- --_ __ _- __---- - = - i �� li ;; �� , - -- ----- --- --- --------- --------------- -- ;':,�,� ------ ------------------ - ------- � - ----------- ------ �,� � � � �� ------- � - ---- ------- --- -- - �;- , ; ,� , � - ,, - --- ---�----- --- -- -- ------ , -- � .--------------------------------- - -- -- �,, ';i ------------�:: ---- - - - -- --- ---------------------- ,. ;; - -----�-- --- - ----- ---------------- , � !,; ----------;fi---------- ---- - - - -- --�--- '�- ------ ---__ ___--------- -------------- ---------------------------------- � � , ,, , --- ----- --- ;�-------- -�----------------------- ----------- � ; , . �� ----- -------- --- ----------------j I�.t-- - - .� ------ - ------------ ---------- -----_-----,, - -- - � : � � --------- -- --==---------- ---- __---_ - --------- � . ; . -----------�--- ; ;, f------____-----. --------- - - - ----------- ------__--------------- ; ; � ; -- -�--- -- ---- ------------- --------- -------------;.�--- -- ------- --------------------- ------------ � � ; ----------.�---- - --- - ----------- ---- ---- --- - ------ ' -- -- --------------------- ------- --, ---------�+ -- ----- ___ �----- - ----------- ____- ----------___ ------------------- ------------------ . , ----- - - --•-r------------ ` �� /� �� OFFICE OF ADMINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL In re the Licenses of Thomas Enterprises, Inc. , dba Brown Derby Lounge Memorandum on Search April 3 , 1990 and Seizure Issues and Conclusion 1. Search Warrant - Mistake in Affidavit. The affidavit submitted by Sgt. Kempe in support of his application for a search warrant was erroneous in one respect. He reported that the observations he made with respect to payoffs on the video poker machines took place on December 12, instead of December 30, as was really the case. This error was not material, and not a fact which if changed would have led the issuing judge to refuse to sign the warrant. State v. Causey, 257 N.W. 2d 288 (Minn. 1977) , discusses in detail the issue of inaccuracies in the affidavit supporting the warrant application. Id. at 291-92 . A two-part test was adopted by the Minnesota Supreme Court. First, it must be determined whether the factual error is material to the determination of probable cause. Second, if the error was material, it must be determined whether the officer "deliberately or recklessly misrepresented the fact" at issue. In this case, the error is and was not material. There is no indication from the evidence, and no information known to counsel, that would suggest that the judge would not have signed the warrant if the correct date had been inserted. Even if material, there is nothing to suggest that the officer' s mistake was deliberate or reckless. The officer had nothing to gain in terms of getting the warrant signed ' by misstating the date, and when the error was pointed out to him, did in fact do a supplemental report which is part of the hearing record. And, although not a part of the Causev test, there is nothing to suggest that the license holder was prejudiced by the error in the affidavit. He did not request a continuation of the hearing or demonstrate any unfairness or prejudice in the preparation or conduct of his defense against the allegations made. 1 � � c�v_��'�3 Similarly, there does not appear to be a basis to suppress any evidence, even assuming that the search warrant were determined to be defective. The Supreme Court has held in United 5tates v. Leon, 468 U.S. 897, 82 L. Ed. 2d 677 (1984) , that evidence obtained in reasonable reliance on a defective search warrant (affidavit did not establish probable cause) is admissible in a civil proceeding. 2 . Warrantless Searches. Even if the warrant was determined to be invalid, that determination does not affect this case. Sgt. Kempe was not required to obtain a warrant to make the search that was done here, and the use of the evidence seized in that search is not barred in a civil proceeding, which this is. There is an exception from the requirement for a search warrant for civil investigations for pervasively regulated businesses, and for closely regulated industries long subject to close supervision and inspection. See United States v. Biswell, 406 U.S. 311, 316, 32 L. Ed. 2d 87 (1972) , and Colonnade Caterinct Corp. v. United States, 397 U.S. 72, 74, 77, 25 L. Ed. 2d 60 (1970) . In Marshall v. Barlow's Inc. , 436 U.S. 307 , 56 L. Ed. 2d 305 (1978) , the Court said: '=Certain industries have such a history of government oversigh� that no reasonable expectation of privacy, (cite omitted) , could exist for a proprietor over the stock of such an enterprise. Liquor (Colonnade) and firearms (Biswell) are industries of this type; when an entrepreneur embarks upon such a business, he has voluntarily chosen to subject himself to a full arsenal of governmental regulation. " 56 L. Ed. 2d at 312 . The breadth of the exception from the warrant requirement was limited in New York v. Burger, 482 U.S. 691, 96 L. Ed. 2d 601 (1987) , by three criteria. The Court, after discussing the case law at 96 L. Ed. 2d 612-14 , said warrantless inspections will be deemed reasonable only so long as three criteria are met: 1. There must be a substantial government interest underlying the regulatory ordinance allowing the inspection. 2 . The warrantless inspection must be necessary to further the regulatory purposes. 3 . The regulatory ordinance must clearly put the owner of the establishment on notice that the business will be subject to inspections; and must limit the discretion of the inspecting officers. 2 � 9�-�a � It is clear that the state and the city have a pervasive and substantial interest in regulating the distribution and sale of liquor. A warrantless inspection in this case might very well have resulted in the obtaining of relevant evidence of payoffs for use in a civil hearing. Obtaining a warrant in order, presumably, to use evidence in a criminal proceeding as well may have resulted in the loss of such evidence in this case, because the officers were identified. Finally, there is little doubt that bar owners are aware from the ordinance that they are subject to inspection. Section 310. 12 of the Saint Paul Legislative Code provides that the licensed premises " . . . shall at all times while open to the public or while being used or occupied for any purpose be open also to �nspection and examination by any police, fire, or health officer or any building inspector of the city, as well as the (license) inspector. " While the wording of the city ordinance is broad, it is not worded significantly more broadly than the language which was found in Burger to be sufficiently precise. Under Minnesota law, a warrantless search and seizure under a licensing ordinance is lawful if done during business hours, reasonably and consistent with the duties of the law enforcement officers and the duties of the licensee. See State v. Wybierala, 235 N.W. 2d 197, 200 (Minn. 1975) . The application of the exclusionary rule in this cas� would al�o likely be barred by the arialysis of the Supre:-te Court in INS v. Lopez-Mendoza, 468 U.S. 1032, 82 L. Ed. 2d 778 (1984) . 3 . Facts and Conclusion. One could conclude that what really happened in this case is that while the bartenders may have observed the officers come in, and could communicate with each other to be careful about carding minors, they could not effectively communicate that information to those playing the video poker machines, and so had to make the payoffs to the patrons. Thomas or the bartender, one could surmise, tald the pa�rons not ta play ��,y more when �he� m3de the payaffs. Nonetheless, the fact remains that the officers did in fact see the payoffs being made, which actions constitute a violation of the ordinance. The testimony of owner Ray Thomas was not trustworthy or credible on the issue of payoffs. He wants us to believe that he had almost no information about the financial relationship he had with the video machine company that placed the machines in his establishment (Dahlco) . Falsus in unum, falsus in omnium. If Thomas really did "make" the officers, that would explain why when the search warrant was in fact executed, there was no scrap of paper relating to payoffs on the video machines in the drawer from which the officers had seen payoffs being made. 3 . � �p -/a� There is nothing to suggest that the officers had any bias or reason to fabricate a story, and no basis to believe they could not see what they testified about. The penalty matrix in Section 409. 26 of the Saint Paul Legislative Code provides for a three-day suspension for the first appearance before the Council for this type of offense. That presumptive penalty would appear to be appropriate, were it not for the fact that the license holder's testimony if false amounts to perjury. A prior clean record is not mitigation. The evidence would appear to support a suspension in the range of from three to six days for this first appearance, given the testimony the license holder offered in his defense. Submitted this �� day of May, 1990. JANE A. McPEAK CITY ATTORNEY Philip B. Byrne Assistant City Attorney 647 City Hall 298-5121 Atty. Reg. No. 13961 4 �! ' / f 7 !' " f i.�' -�. /� r/ J � LrC OFFICE OF ADMINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL In re the Licenses of Thomas Enterprises, Inc. , dba Brown Derby Lounge Reply Memorandum Apri1 3, 1990 1. Exhibit 13 . Counsel for the licensee recites in his memorandum that he was surprised by the introduction of City's Exhibit 13 (the report of Sgt. Kempe correcting the inaccurate date) , and that this impaired the defense in the matter. With all due respect to counsel, those assertions ignore a key fact. The City's first letter to the licensee, as well as the City's Notice of Hearing, consistently identified December 30, 1989, as the date on which the offenses occurred and the officers made their observations. That never changed, and was known to the licensee and counsel from day one. One might speculate that counsel assumed that the City would have to ask to change its Notice of Hearing to correspond to the date of December 12, 1989. But in that case, counsel apparently concedes in his brief that he was ready with evidence that the licenseholder was not present on the 12th. The fact that he was in error in his assumption that the City would not present evidence consistent with its Notice of Hearing is not prejudice. Dashing one's opponents false hopes for an easy defense does not raise a claim of surprise or prejudice. Finally, counsel did not ask for a continuance at hearing to have the opportunity to meet the evidence he now claims as unfair surprise. I furnished counsel for the licenseholder with all the reports in my possession at the time he requested them. In the course of preparation for the hearing, a paralegal pointed out the discrepancy in the dates between the Notice of Hearing and the search warrant affidavit. I told her to have Sgt. Kempe do a supplementary report to clarify and correct that matter. Since the report confirmed the information in the Notice of Hearing, and did 1 _ - • 9�-�as� not change the facts as to which we had given notice, there would not have been any need to do anything but bring the report along as an Exhibit. That report was offered, was received, and is evidence which corrects the erroneous date in the search warrant affidavit. 2. Other Police Activity. Sgt. Kempe testified that his return visits to the bar were for the purpose of trying to identify the two men behind the bar who were working on December 30, 1989, when he and Sgt. Quinlan observed the payoffs. Counsel argues the somewhat forced interpretation that all of the police visits made to the bar after the search warrant was executed were for the purpose of finding evidence of criminal activity to "force (the licensee) to succumb rather than defend" against the charges at the license hearing, and because no illegal activity had been observed. The f acts are that the of f icers saw gambl ing payof f s take place in front of them on December 30, 1989, and did attempt to gather further evidence by the search on January 17, 1990. They did find the clearing devices for the video machines and seized them, as well as the machines themselves. Counsel also suggests that the arrests should have taken place immediately. Perhaps if the officers were aware that they had been identified as police officers, that might have happened. Undercover officers almost never make arrests at the time they observe an offense, that is, they do not if they wish to remain a police asset as an undercover officer. The way Sgts. Kempe and Quinlan handled this case is consistent with normal police procedures. Submitted this Z� day of May, 1990. , . �. Philip . Byrn Assistant City ttorney 647 City Hall Saint Paul, Minnesota 55102 298-5121 Atty. Reg. No. 13961 2 �; ., � � -- . ��' � � OFFICB OF ADIKINISTRATIVS HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL In Re: The Licenses of N�lORANDUM OF RESPONDSNT Thomas Enterprises, Inc. , D/B/A THOMAS ENTERPRISES, INC, The Brown Derby Lounge. D/B/A Tf� BR�WN DffitBY LOUNGE 1. Search and Seizure. It is the Respondent` s position that the search conducted by the Saint Paul Police Vice Squad on January 17, 1990 was illegal and in violation of the Respondent' s constitutional rights and that all material confiscated as a result of that search and seizure and offered as evidence, must be suppressed. Officer Kempe admitted in his testimony that the information contained in his Affidavit in Application for___the_ _ Search Warrant was incorrect. His Affidavit, made under oath, states that he and Officer Quinlan were at the Brown Derby Bar on December 12, 1989 and observed illegal activity concerning the poker machines. He subsequently identified the owner, Raymond Thomas, as being a bartender on the evening of December 12, 1989 who allegedly made illegal payments to customers who played the poker machines. The irrefuted testimony establishes that Mr. Thomas was not present at the bar on December 12, 1989, and therefore, could not have participated in any alleged illegal activity. This Affidavit, along with the Search Warrant signed by Judge Gearin, was presented at the bar at the time of the search on January 17, 1990 . This same Application and supporting Affidavit, along with �1D�/o��r3.-- a Search Warrant was filed with the District Court on January 24, 1990. Sergeant Kempe' s testimony made no attempt to correct his alleged error in the Search W�rrant Application Affidavit. Sergeant Kempe' s only testimony on this subject was an attempt to correct an Info to Vice Report that he wrote on February 2, 1990. Neither his testimony nor the document offered in evidence as the City' s Exhibit No. 13 made any attempt to correct the information contained in Officer Kempe' s Affidavit dated January 17, 1990. Although I requested all police documents and records, and was assured by City Attorney Byrne that he had provided me with all records and documents in the possession of the Police Department, neither Exhibit 13 , nor any other information pertaining to a date discrepancy of the alleged violation were provided to the Respondent prior to the hearing on April 16, 1990. This information came as a surprise to the Respondent at the hearing and his defense was obviously impaired by this significant change in the City' s facts. Under the circumstances, any and all evidence presented by the City referring to a violation which allegedly occurred on December 30, 1989 must be suppressed. The uncontradicted evidence that Mr. Thomas was not present at the bar on December 12, 1989 absolutely establishes that he could not have committed alleged illegal payoffs on that date. Because the evidence confiscated as a result of the illegal search contains nothing which corroborates the alleged offense of illegal gambling, and in an effort to contain the Respondent' s costs associated with his defense, it has been decided not to _ 2 _ - �o -/a� make an elaborate legal argument supported by citations for the purpose of suppressing the evidence in question. The only evidence confiscated during the illegal search and offered in evidence are the two mechanical poker machines, their corresponding remote control devices, and $870.00 in cash taken from a cash drawer. The poker machines, in and of themselves, are not illegal. They were properly licensed by the Respondent and appropriate for use at his establishment. The possession and use of the remote control devices are not contrary to any law of the State or the City of Saint Paul and did not corroborate any alleged illegal activity. Obviously, the cash is not illegal and the testimony clearly establishes that there was no other physical evidence to connect the cash in question with any illegal activity. The Respondent' s testimony established the obvious necessity of maintaining an adequate_ amount of cash to _ _ operate and service his customers. The cash was present for totally legitimate purposes. 2. Argument in General. As set forth in the City Attorney' s Memorandum submitted at the hearing, the burden of proof in a civil hearing concerning adverse action on liquor licenses falls upon the City Licensing Authority. The City must prove its case by a preponderance of the evidence. The City evidence must leave the trier of fact to believe that it is more likely that its case is true than not true. A review of the testimony herein clearly establishes that the City has not met that burden. The incredibility of the - 3 - _ ��-i�� -- City' s evidence, for whatever reason, was established by irrefuted testimony of both the prosecution and the defense at the hearing. The testimony clearly establishes that the Police Department Vice Squad, for reasons totally obscure to the Respondent, were making an unusual effort to establish that there was illegal activity going on at the Respondent ' s establishment. Supposedly, the initial investigation by Officers Kempe and Quinlan were triggered by an obscure report that the Respondent had been serving liquor to minors. There was no allegation of illegal gambling activity at that point. The same two officers apparently had visited the premises sometime after Thanksgiving, possibly in early December, 1989, to investigate the operations at the bar. Apparently, no illegal activity was observed at that time. Officers Kempe and Quinlan visited the bar again on either December 12 or 30, 1989, depending upon which sworn testimony is believed, and allegedly observed the activity contained in this Complaint. On January 17, 1990, the Search Warrant was executed, which discovered no illegal evidence. Between the date of the execution of the Warrant and February 27, 1990, there were 43 additional visits to the bar by the Saint Paul Police. Ten of these visits by Officer Kempe, supposedly for the purpose of identifying Mr. Thomas and 33 visits by uniformed officers. The latter 33 visits were noted on a calendar by Mr. Thomas and he identified the specific date, time, and officers involved. This unusual concentration of police - 4 - , �� /� � � _�. _ � ! c� activity did not discover any illegal activity. In a raid-type search on January 27, 1990, officers supposedly responding to a 911 complaint of illegal gambling in the basement discovered nothing. This highly unusual police activity at one neighborhood bar was brought to the attention of the City Attorney well in advance of the hearing and no effort was made and no testimony offered to contradict or explain this activity. I believe the obvious conclusion drawn from this activity is that the Police Department, after an unsuccessful attempt to establish illegal activity by the Respondent prior to and subsequent to the search on January 17, 1990, attempted to secure some sort of evidence of Respondent' s guilt and force him to succumb rather than defend the Complaints at this hearing. The credibility of the defense testimony is particularly enhanced by the fact that the officers' cover was blown from the _ moment they entered the bar. Officer Kempe' s testimony relates that both he and Officer Quinlan lived in the community in question and doubted their ability to successfully work undercover in this particular establishment. Mr. Thomas testified, that immediately upon their entry, a customer familiar with Officer Quinlan told him that ther� were undercover police in the bar. This testimony is corroborated by the testimony of Officer Kempe, that Officer Quinlan was familiar with some of the bar patrons and had conversations with some of them shortly after their arrival. Mr. Thomas' testimony was further corroborated by the testimony of the other bartender, Dennis Millon, who - 5 - \ _ �'D -/��'�3 -- testified of his conversation with Mr. Thomas regarding the officers' presence. Under such circumstances, it is totally unbelievable that Mr. Thomas would engage in flagrant illegal activity as described by Officer Kempe. Numerous other facts related in Officer Kempe' s testimony are refuted by either his own admission or the physical facts in evidence. If there were in fact 50 people in the bar room, which would be a capacity crowd, it would be physically impossible to see the cash drawer that allegedly was used to make illegal payoffs. The cash drawer, as evidenced by the photograph, was approximately 8 to 12 inches below the bar. The officers were seated at a table below the 4 foot level of the bar. Therefore, it was physically impossible for them to see or notice any operation of the cash drawer in question. In addition, if there were a capacity crowd in the bar with people obviously shoulder , to shoulder around the bar, these customers would have totally obscured the activity from anyone seated at the location described by Officer Kempe. Officer Kempe further admitted that from that position, a payoff from the alleged cash drawer could not be observed. Yet, in his Affidavit in support of the Application for the Search Warrant, he stated under oath that the payment allegedly made to three unknown players came from this drawer. Upon reflection, Officer Kempe testified that because the source of the alleged payoff was obscure from their position, he and Officer Quinlan moved to a location at the east end of the bar. He then testified that two alleged payoffs were made to - 6 - � _ J �� ,J --- v l �� some middle aged woman wearing a pink sweater and the source of the money was from the described cash drawer. Officer Kempe' s sworn testimony in his Search Warrant Application Affidavit claims he observed said woman "twice obtain a score of over 100 points on the second video poker machine. " This observation presumably was made from the east end of the bar where the officers could observe the cash drawer. However, on cross examination, Officer Kempe testified that from his position on the east end of the bar he could not see or determine any points that may have been on the machine. Obviously, it is equally reasonable to believe that this women player came to the bar for the purpose of changing bills in a denomination larger than a dollar for the purpose of her continued play of the machine for amusement. I find it difficult to understand why, if the activity described by Officer Kempe took place in his presence, that arrests were not immediately made of the bartender and the alleged players. The City would have had a simple and straight forward criminal case as well as strong evidence of a license violation. To date, no criminal complaint has been made and a search of the City records reveal no previous complaints of any kind against the Respondent. The police activity in this matter is totally incredible, and the City' s attempt to substantiate a license violation even by a preponderance of the evidence has failed. - 7 - �d �/a �a _ _ Under the circumstances, Respondent requests that the administrative law judge find that the evidence presented did not establish a violation and that no action should be taken by the City Council to suspend the Respondent' s licenses. i Dated this _ �� day of May, 1990. Respectfully submitted, � � ,, , , . �� `: r ` � i , RT'��IARD �L. � I,CZ #6�'l846) Attorney fo Respondent !� Suite 1100, Capital Centre 386 North Wabasha Street Saint Paul, Minnesota 55102 ( 612) 223-8100 - 8 - � � �, -��, ,/ ... � U ��c'/ `/ C:+/ ��ltt�� R° �. CTTY OF SAINT PAUL O M ; i�; �� .• OFFICE OF THE CTTY ATTORNEY . „o P ��f• JANE A. MC PEAK, CITY ATTORNEY 647 City Hall,Saint Paul,Minnesota 55102 612-298-5121 JAMES SCHEIBEL FAX 612-298-5619 MAYOR May 21, 1990 I � ��G �/ �5 �� Melvin B. Goldberg Professor of Law William Mitchell College of Law 875 Summit Avenue Saint Paul, Minnesota 55105 Re: In re Brown Derby Dear Professor Goldberg: I enclose an original and one copy of reply memorandum in the above matter. By copy of this letter, I am mailing a copy as well to Mr. Matykiewicz. Very truly yours, . . � PHILIP . BYRNE Assistant City Attorney Encls. cc: Richard L. Matykiewicz Attorney at Law (w/ enclosure) . - �'o�� OFFICE OF ADMINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL In re the Licenses of Thomas Enterprises, Inc. , dba Brown Derby Lounge Reply Memorandum April 3, 1990 1. Exhibit 13 . Counsel for the licensee recites in his memorandum that he was surprised by the introduction of City's Exhibit 13 (the report of Sgt. Kempe correcting the inaccurate date) , and that this impaired the defense in the matter. With all due respect to counsel, those assertions ignore a key fact. The City's first letter to the licensee, as well as the City's Notice of Hearing, consistently identified December 30, 1989, as the date on which the offenses occurred and the officers made their observations. That never changed, and was known to the licensee and counsel from day one. One might speculate that counsel assumed that the City would have to ask to change its Notice of Hearing to correspond to the date of December 12, 1989. But in that case, counsel apparently concedes in his brief that he was ready with evidence that the licenseholder was not present on the 12th. The fact that hP was in error in his assumption that the City would not present evidence consistent with its Notice of Hearing is not prejudice. Dashing one's opponents false hopes for an easy defense does not raise a claim of surprise or prejudice. Finally, counsel did not ask for a continuance at hearing to have the opportunity to meet the evidence he now claims as unfair surprise. I furnished counsel for the licenseholder with all the reports in my possession at the time he requested them. In the course of preparation for the hearing, a paralegal pointed out the discrepancy in the dates between the Notice of Hearing and the search warrant affidavit. I told her to have Sgt. Kempe do a supplementary report to clarify and correct that matter. Since the report confirmed the information in the Notice of Hearing, and did 1 _ - 9v-/a�3 not change the facts as to which we had given notice, there would not have been any need to do anything but bring the report along as an Exhibit. That report was offered, was received, and is evidence which corrects the erroneous date in the search warrant affidavit. 2 . Other Police Activity. Sgt. Kempe testified that his return visits to the bar were for the purpose of trying to identify the two men behind the bar who were working on December 30, 1989, when he and Sgt. Quinlan observed the payoffs. Counsel argues the somewhat forced interpretation that all of the police visits made to the bar after the search warrant was executed were for the purpose of finding evidence of criminal activity to "force (the licensee) to succumb rather than defend" against the charges at the license hearing, and because no illegal activity had been observed. The facts are that the officers saw gambling payoffs take place in front of them on December 30, 1989, and did attempt to gather further evidence by the search on January 17, 1990. They did find the clearing devices for the video machines and seized them, as well as the machines themselves. Counsel also suggests that the arrests should have taken place immediately. Perhaps if the officers were aware that they had been identified as police officers, that might have happened. Undercover officers almost never make arrests at the time they observe an offense, that is, they do not if they wish to remain a police asset as an undercover officer. The way Sgts. Kempe and Quinlan handled this case is consistent with normal police procedures. Submitted this `� day of May, 1990. . �. Philip . Byrne Assistant City Attorney 647 City Hall Saint Paul, Minnesota 55102 298-5121 Atty. Reg. No. 13961 2 ,�.:t o. `�D --'/��3 �° '• CITY OF SAINT PAUL O y ; ��;;� ; OFFICE OF THE CITY ATTORNEY . „o � .... JANE A. MC PEAK, CTTY ATTORNEY 64'7 City Hall,Saint Paul,Minnesota 55102 61�298-5121 JAMES SCHEIBEL FAX 612-298-5619 MAYOR CITY OF ST. PAIIL VS THOMAS ENTERPRISEB� INC. D/B/A BROWN DERBY LOONGE HEARING DATE: APRIL 16, 1990 CITY�B EXHIBITB: �4 1. Amended Notice of Hearing, dated March 19, 1990. a 2. Saint Paul Legislative Code: Chapter 310. Uniform License Procedures (2` Chapter 409. 08 Regulations generally (2A) � q- 3. MS § 340A.410 License Restrictions; General n�, �� r\ � � 4. Certified copy of license division records. � 5. CN 90-006-872, written by Sgt. Kempe, dated 1, � 6. CN 90-006-872 , written by Sgt. Kempe, dated 1/�i/90. ¢1 7. Application for Search Warrant and Supporting Affidavit, dated 1/17/90. � 8. Property Record, by Officer Klein, dated 1/17/90. � 9. Supplementary Report, CN 90-006-872, written by Officer Cermak, , dated 1/17/90. � 10. Supplementary Report, CN 90-0006-872, written by Sgt. Quinlan, dated 1/24/90. � 11. CN 90-013-854, written by Officer Finnegan, dated 2/2/90. � 12 . Supplementary Report, CN 90-013-854, written by Sgt. Kempe, dated 2/05/90. 12. � 13 . Supplementary Report, CN 90-013-854, written by Sgt Kempe, dated 2/28/90. �, 14. Photos: (A) Draw 80 Machines � (B) Top Cash Drawer (C) Bottom Cash Drawer � � �5' � 6' � _ . � � � � �� '�`�..d C� - sr a ,- .- ��.- -- �{: �,��: OFFICE OF ADMINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL In re the Licenses of Thomas Enterprises, Inc. , dba Brown Derby Lounge Memorandum on Burden April 3, 1990 of Proof, Evidence and Municipal Power 1. Burden of Proof. (a) Preponderance of the Evidence. In a civil hearing concerning adverse action on liquor licenses, the City as the licensing authority must prove its case by a preponderance of the evidence. The City's evidence must lead the trier of fact to believe that it is more likely that its case is true than not true. See Civil Jury Instruction Guides, JIG II 70 G. If there is the slightest tipping of the scales in the direction of the City by credible evidence, then it has proved its case. It is not necessary in a civil case, as this is, to prove the case beyond a reasonable doubt. The criminal standard is not applicable here. The Minnesota Court of Appeals, in In re Kaldahl, 418 N.W. 2d 532 , 535 (Minn. App. 1988) , said the following: "The burden of proof in Kaldahl 's criminal misdemeanor trial was different from the burden of proof in the administrative proceeding which resulted in the (administrative) order. . . . Unless otherwise provided by substantive law, the facts at issue in administrative hearinas and contested cases must be proven by "a preponderance of the evidence. " See Minn.R. 1400.7300, 1 , . �o -/a �� subp. 5 (1985) ; In re Schultz, 375 N.W.2d 509, 514 (Minn. App. 1985) . " (Emphasis added. ) Also see In re Wana, 441 N.W.2d 488, 492 (Minn. 1989) , which reaffirmed the preponderance standard for administrative disciplinary hearings. The fact that no criminal complaint or charge was brought against the licensee does not bar this proceeding, nor is it relevant. In re Kaldahl, supra. Kaldahl makes it clear that the civil administrative proceeding may still go ahead even if the criminal charge has resulted in an acquittal for the defendant. (b) Substantial Evidence. In re Wana, 441 N.W.2d 488, 492 (Minn. 1989) , also makes clear that the decisions of the administrative agency must be supported by "substantial evidence on the record as a whole. " The findings of the ALJ in this case, and later those of the City Council, as in other license proceedings, must be supported by "evidence that a reasonable mind miqht accept as adequate, " in the context of the entire record. 441 N.W.2d at 492 . 2 . Hearsay Evidence. (a) Police Reports. Police reports which recite the personal observation and experiences of the police officers who wrote them are admissible in administrative hearings, and may support findings made by the administrative or quasi-judicial body which is holding the hearing. Sabes v. City of Minneapolis, 265 Minn. 166, 120 N.W. 2d 871, 877- 78 (Minn. 1963) . This is an exception to the hearsay rule, based 2 . _- 90 -/��'�3 on the admissibility of the official records and reports of public officials. (b) Generallv. In Hagen v. State Civil Service Board, 282 Minn. 296, 164 N.W. 2d 629, 632 (1969) , the Minnesota Supreme Court stated in a case dealing with a challenge to evidence that a civil service board had admitted: "It is true that an administrative body acting quasi- judicially is not bound by strict procedural rules which circumscribe the action of a court, and that incompetent evidence is not fatal to its determination. " The Minnesota Supreme Court, while recognizing that hearsay evidence is admissible in administrative disciplinary hearings and that hearsay evidence alone might be sufficient to sustain a decision, holds that in most cases hearsay evidence alone will not be enough. In re Wana, 441 N.W.2d at 495. Minn. Stat. sec. 14 . 60, in providing for the evidence that may be received and heard by administrative agencies subject to the state APA, states in part: "In contested cases agencies may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonable prudent persons in the conduct of their affairs. " Sec. 14. 60, subd. 1. 3 . Municipal Power. Municipalities in Minnesota have inherent, sweeping powers to regulate the sale of intoxicating liquor, and to issue and revoke such licenses pursuant to that authority and local ordinances. 3 . •- �a-/z� However, the authority vested in them is not limited by the ordinances they may choose to adopt, but springs from basic police powers. Country Liquors, Inc. v. City Council of the City of Minneapolis, 264 N.W.2d 821, 824 (Minn. 1978) ; Moskovitz v. Citv of Saint Paul, 218 Minn. 543, 16 N.W.2d 745 (1944) . The Court held in Moskovitz that the ordinances adopted by the city were not the sole source of the power to revoke, which power could arise under the police power or under (in Moskovitz) an applicable charter provision. Similar language as to the broad powers to regulate and deal with licensees can be found in Miller v. City of Saint Paul, 363 N.W.2d 806, 812 (Minn. App. 1985) ; Hymanson v. City of Saint Paul, 329 N.W.2d 324 (Minn. 1983) ; and Sabes v. City of Minneapolis, 265 Minn. 166, 120 N.W.2d 871, 875 (1963) . Country Liquors, Inc. , supra, makes it clear that the scope of the discretion in licensing decisions given to municipalities is so broad that such decisions will not be overturned unless patently arbitrary and capricious. 264 N.W.2d at 826. Respectfully submitted this 16th day of April, 1990. JANE A. McPEAK CITY ATTORNEY . �- Philip B. Byr e Assistant City Attorney 647 City Hall 298-5121 Atty. Reg. No. 13961 4 � � t• �✓ --,i v�' ��} CITY OF S?. PAU� VS TN0�1AS � ' ENTERPRISES It�C. dba BROWfd � DERBY LOUN6E HEARING bAT� APRIL 16, 1990 - CITY`S fXN�BIT #�_ Appl�cation STA:'E GF MZ'�:i�.SJTA, t:OU�ITY OF RA�"SEY DI�TR�C'T CO�RT ��TA:� OF i".:`�*t��0:'A 1 APPLICATION FOR SEARGH 1�ARRAHT ) SS. AND SUPPORTIHG AFFIDAVIT CC�V;'Y C� �A:'.�EY ) Sergeant C:ark. �:em�e, being first �uly sworn upon oath, hzr- eby �akes appiication to this Court for a �ar:ant to search the p:e�ises herei.^.afte: Ceacribed for the praperty and thing3 `e:eir.after cescri�e�, Asfiant kno:rs the �_�ntents of this app�ication and suo�,ort- ir.c af f idavit, ar.d t.*.�e jtateTents herein are true of his cs+n ;cr,cv�=dge, save aa to sach as are herein stated or. infcr�ation and bzli�f, a.^.d as =�� t`:c=e, h_= b?liev=s them to �e true. A�=,ant has geod r=ason to believe, and does b�lieve, tha: the �o::.cw:ng describ?�� preperty a?d things, to wit : Video pa{er -��chi:�=�, keys to vide.o poker �achines, content� of said nac�ines, all monies from said ra�hines, contractual 3C'y:°?rt1�:1�5 aa�QC1�t?� Y11=;1 �aid �achines, tt10I11?3 :ZS2C� iOT' payoffs cz said machir.es azd a:.y remo�e control clea:ing �evice af said �a_:-►i^?s. Ganb��ng C�vices ard paraphe:r.alia cen5isting ��, but ,^��t li-+_tad to, �ull La�s, tipboards, and parlay ca:d�. ~iscella�eous p3pervork r+hich tends to shcw viCeo pchQr �a_::i^° I'2Cc"�147tS, Fayof_� frorn vi�eo poker, pull tab and tipboard �ic:jet receipts, etc. Aay �nd all paFe:verk which tends to shew cor.structive pes��aaion o� said �achir.es are at tze p:eTis=s d2scri�e�+ as : �::e =ro�n ��rby i.cu^ge t _ncludi::g all storage and of�i�e areas) �57 ��ryke: Ave. lcc�.�ed in t::e City of �ai:t Pa�l, County of Ra,-�.��y, ar.d Stats of M�....2S�t3. i�:i3 3fr13:,� 3C��1=3 fvI' 13S`1a.^.CE' �f 3 ."?3�C}1 ir3_:3t1t '.;r^+OC1 . �.e ��Il�.:w:.^g y^r�u^:C� . �. �.`.e p;�pe:±y a�cve-�escribed r+as u�ed a� 3 .^'�3:13 of _�-:-��=*_in•3 a c.-_'ne. ?. -^= Fossessien of the above-�escri�ed p:ope:ty 1 � r, • �v �� _=r.atit�.:'..=a a c:ime. 3. ��e property above-described is in the possession of a ;:erson vi=h int?nt to use such property as a means of c�mmitting a crime. 4. -`e pro�er*_y abcve-de�cribed censtitutes evidence which �=r.ds to shor+ a crime has been committed, or tends to =`.ov that a particular person has co�mitted a crime. The ;ac�s tan��ng to estaDlish t;�e feregoing grounus for is�uance c� a searc� warrant are as folloxs: Affi�:�t is a �t. Paul Police Sergeant presently assigned to the Vice l::it. The ?:�xn Der�y is an on-sale liquor establisrm=nt located in the city of St. Paul, doing busir.=s� as Thomas £nterprise�, Inc. , Ray-::nd �. Tr�mas, Presi�ent. Qn �=:e�b�r Ii, 1989, at approxi:nately 214@ hours, membe:s of the St. ?3:11 Police Vice Unit observed thr?e men playing or.e of Lao vi�=� r�ker -achines lo�=ated in the bar. The three men were ea�:� t3iC1Ry �lrns at the machines, and had obtained a score of over t:-::ee �sndrad points. One of the me� then went to the har�end=r t� :epor± t�e aco:e. A young white �ale �arte�der, we�ring a s:+�a��h_rt and a leather cap, verified the score visually, and *_hen poir.ted a small white remote control device at the mac:�i^e. The machir.e then cleared t:�e previous three hundrad p�inta ar.d r=-�et ;_seif to ze:�o poin#.s. The bartender thec� went to a ucedan coun*_e: under tha bash re,ister, removed �ome cash �n� paid *.::e �an. The man then wen� barK to the rrachiz� and spli± *_he=e w�::n�ncs vith the oth=r tWO players. Later _'.-.a± sa�= night. Vi�=e offic�rs also observed a middle ag�� vhite ac-!a.^. wea:i.^.g a pi�k sweater twice obtain a =core of ove: or.e h�%dr�d �c�_nts cn the s�cond video pcker �na�hine in the bar. Ea•�h •_�Te she repo:ted the score to the bart_nder vho verif ied �.':2 3��:2, C123:?� ±;'�? fi3Ciliri2 a:� W1t.r1 �ri2 :@"'Otz cont:ol �_vi_=_, re�aved cash from t`e drawer under the cash re�yis�er a:� �aid ..`.e w�maz. Ha_e� �n �`�e a�ove in�ormation, it apoears that employees of The Brcvn yer�y a=e pa fing casi: a�ar�ls to participants of tha vi�eo poke: -�acr�ir.a� a� The 8rown Derky. Video pokzr mac:-ii�e payc�fs ar� a �:o=a �^i��e�;ear.or as defined in MS 609. 75 and iiS 609. 75 Qf _:e vri:�i�:al �c,de aa conce:ns :a:��ling. ASf13�:`.. .'��`:c5'_� �i,}:3L. a _23i�=Y1 W3.:3:1� }Jt� CJZ'�rlt°_�j fQ: Tr;2 5r•_an ��r:y, =57 �tryk=: Av=. , in tr� City o; St. Pau1, �a-say Co�:-.ty. WHER�.��R�', Af�iant r=qu�st a search warrant �e i�aued, 2 . .. g��25'3 c�.--an��.^.g SerSean� �Mark 1e-�pe, and cfficers under his direction, reace o�ficers of the State of Minnescta, in the daytime only to search the hereinbefore described p:emises for the described � preperty and things and to seize said prcperty and things and to keep said property and things in cusLody until the 9ame be �ealt xit'� ac�ording to law. � . ��- Aif� nt _u��c:i�_d and a+orn to �ef �re -e this �'`'� ' (� t� ' �ay oF .:an=lary , 1590. �l-� { �� _ Judge of �istrict Court 3 � . �� -%�� , � SEARCH WARRAHT STATE OF ?1T:�NESOTA, CG�'1T'Y CF RAMSEY DISTRICT COURT TJ: Serg�ar.t "ark Kempe, and offic=rs ur.der his �ir�ction, PEACE CFFIC�RS OF T�-?E �:'ATE OF ;:=:�;IESOTA. �1HcREAS, Serg=an*_ Mark Kempe has this day on oath, rr,ade arYlication to the �a:� Court applyir.g �or issua-:ce for a search � xarrant to =e�rch t::e �•�lloving described p:eri�es • The Brcwn B�rby Lou�ge 557 Stryic=r Av2. lccat?d in the C�`yo uf �t, Paul, County of �a�ns=y, STATE OF M��i:��OTA for t:�e fol�ovir.g described pr�perty and things: Vidao po�cer ma�hir.es, keys to vi�eo poker machines, contents of said machi;��s, a'_1 �n�nies fro� said ma�hin�s, c�n�ractua? ag:ee�,�eats associate� �i*_h said machir.as, monies used f�r pa�offs of said machines ar.d any re^�ote con�roi cl�aring device of said ma=hir.es. Ga^�bling devices ar,d paraghernalia cer;sisting of, �ut no� l��ited to, �ull tabs, tiphcar4s, and parlay card5. MZ�CP113n?Cl1S ra�arv�r;� which ter.d_. to show video poker machine r�ceipts, payo�fs frcm viCeo po�cer, pull tab and tigboard t�c�cet receipta, etc. Any and all paper:ror;c xhich tends to s`�ow cer.structive pcssess�on ef said r, acr�nes WNER�AS, the application and supYor*_inq affi�avit of Se:3eant "!ar'� Ke-rpe v�,e �uly pr=��nted and read by the Court, ar,d �ei::g duly advi�ed in ti:e premises. . _ tvOW, THEREFORE, t�:e Court finds that pr•�ba�le causA ex'sts fo: the i=suar.ce of a _e�rch warrant �.:pon the follo��ri�g g:ounds : 1. T?:e �;;operty a�ove-d�scribed was use� ar a ^�ear.s cf committing a cri:ne. 2. ;;�e pcssess:.�n of ":e above-�escribed property cor.ati�u±�s a _ri�J. .�..• �':;? �rO}•�'r`jr �}'CV2-��SC:ibed �3 1I1 t.L:? Fl03SCSS:.Cl1 Oi 3 �e=s��^, w:.*_h y`:_ i^±�r� to u�e such pr�perty as a „�ean- Of .^_r"^'711t+2':3 3 C:1�2. 4. i~O �r0�-2i*% ��QV? Gf�?SC:lucC� COLiStitl:�..c�3 2V1.'�.E'2CZ W�':1C�1 �°r�S t0 :ti:�M ��:at� a C.1"IE' r:33 .`.Gt�fl CO'rTt1t.�Ed� OT' t2P.�B �o ��.ox that a �ar}�cu�ar pe;��n has cc--nitted a cri:�e. � _ gU_/��3 , e. The Court fur�t::=r finds that probable cause e:<ists to be�ieve t'�at the above-uescribed property a�d things are at the above-described premises. HOW, 'fHEREFORE Y�U, Sergeant Mark Kempe, and officera under his direction THE PEACE OFFICERS AFORESAID ARE HEREBY COnriAHDED (TO EHTER WITHOUT A*i�iOU*ICEilc.HT OF AUTH�RITY A:+iD PURPOSE) t IPI THE DAYTIME ONLY) tIK THE DAYTIriE OR NIGHTTInE) TO SEARCH THE DESCRIBED PREMISES FOR THE A90YE-DESCRIBED PROPERTY AND THINGS, A:ID TO SEIZE SAID PROP�RTY AHD THIHGS AND TO RETAIH THEM IN CUSTODY SUBJECT TO COL'RT ORD£R AMD ACCL�RDZHG TO LAW (DELIVER CUSTODY OF SAID PROPERTY AHD THIHGS TO _) . BY THE COURT: ��ti� � (' `\` ;n , �s�� Dated January \ 1552 JUD �E OF DIST'RICT COURT \ � 5 , ---- ^ ----___--______ .. � � i �'+`�', M � � o � E " �' 'I r�' m Z o X � y �� ' �T��,� E �-' : if�i��R . E '��?�M`. � � � , � t F ' � . � , � � ;:u'��M��' s `v./� y',`� •\ t � y5 r �� ,, � � � V � �� tR�v`"E�`k`�' � "i �'�d'��` ti e' ',�x 0 O J �� `.. �:: �,�� y,. .., .. �� Q � � m � ° d a°� \ � 1 ��• r �� ~ °" � _ -- e ,,,,��.� , �- °/ ' I., . i s�� ,,. �t��l}��. .,;r, �, � �°v � o j ?� *�`Y F-, i ' �� ,� a � .,� . � O ; � '. � ; ��,� , � � C 0 � I �,� � '�� Yr��'I�V n f v E -° :.. �v , } c u ""' `i' � � F- J \` },, �� I � . � �, � f � . '� d S x�b� ��-. d "u� � � t1:�r 4f t�' c U � �. �` �` r i Q uf ' f �.r N �./ . { r,'� 4.�� . �� : - z �� W � 3 . � "` J I ° " `, � `��,' o �° > � W� ,�,a N,,,k•. . � .� r a o �+ F .� � ' . � J . . . �v�� .y. 8 ??i. O � S 9L � � � ��rt��r ((r��" W � � E � �Y: F- d . � E `y � 1 �w � � -� � t�'°� : o0 � �� 3 � �� ^ M C� � � � � � � �� :_� � �� W � � - � � � , � �.f . s . - �- : , � � � � x �� o � a n �, �x �� . � ? � �, ;��.� � �o Q a . � � ' � � �� ' � w � ' . � � t: r y � � � � � 7 .�J o O I �a � i � d � y . . . . ..r,. . . . � � � O � O ' � . �'��.�'""�� M 5 Z ��. , � o • � ►- � � �' � a } � _� 1_ W N � `nr O �O C C � �1 . sr �. 6� � O y �y � �' N aD / �� . ', . . � 'i U � W p � e+"�F� � I l�" V a .a I • ' ��. v N J ' � � `^�( : d � � � +' (� I ' �- � � o � u. a � } � �'` ° ° o �,j) a 00 u d u � w � " � r a � � � " a E � o $' a Z � ,� � �•- . Z - '� r� I^ ^ � G��/ - �� l � � u t � ' ' nc� o' " ► � � °' ,n z � j W � C v • i ❑ Ra � � Y � ; W . Z O Q Y F Y < Q O j g M 4 7C � '� � /'� t W W Y V ,\.J < > h i ~ W O t Z V Q 3 F V �r , S � Q ,A s � � 1 = ` � C f � V ! � � W u a U t W i►� ` �p� � W Yo �� '�3 Qt o u � � F � f a t Q � � N � W ❑ oo ` < �l a � a � i s a u � f w ►r n � u N � � o°. Lj � m � � Wa zo �..� O F � J W 2 � W 4 u�i r � M H a� g Z � � r � j � Z F o o ; i ' '� OL C9 � C � �� y�j � i T1S � � � � V� � � Q ... 0 0 M QN < y}j � .�i. m W W ° o c � � _ 0 o � a � O _ � � � cZ i ° < X F � W = O W G W M �� O F 3 Y � Q .N g � F a W � � _� _\� y¢j N O � � � O . W W = f O 1� • ; W S o } s � J „ W h � � O a u � � � a � ° z ° Y u' �. W o '� < � � � < Z = 0 W � � 4 G O 4 � � o Q W � W a a ; f � � z� W W � � p� J � W ; � � � d O O ` � I W N {p � 0 y � C �t WZs ,. —' � V W � r = a � o � a � 2 � � � m u � o e � � a o • o � e i e < = d „J °� a ui • O Q� W � yVj �"' a oaoW � ..r e � � � p � 8n = N a , t . � . � � : • m } �� Wu j. J � J F �, > a � � e � < w � � . a F ? Z o (� . � � � W � i f W , � � F � � ily W V 0 J I �Q�' > � p L = °u W u '^ � uM li i� � � � u W � . IO � � Y W 0 � � � O J = J �� < W u f i j � o � o . � < �� _� � f.. " _ o � < , � � � � � i 2 M � i n � � i � °u o Z < � •: V ..' ai oi � � ° = .. (��I�Illlll��a - . _ . '.�.' i 90013854 ' ga - � � l � W er i c • ` Y � ^ :1 �= a 2 . . W � . . . � Y � � N C S F Z � � j � p 0 y i� ` � � � W � Z � M � � � � X U dN T � Z O � 0 �� j O � a w � z y N Q O �.� � m � : � � `�1.j � Z � y r W � ry � uI •V YI � • ~ L , H� o v o J ¢ ° � � � � � < < H O � ''� �.� � r„"'�„� � � � r u o r�-I io�-1 � �N,! � H •r�l � �t� O�� . w ' " < < : ?+ C�+ O �0 E- � S-� Q' „"� d�.r � � ' � � � � � � A c�0 O � �.I W W C4 ❑ j � e� • N CD F-�'+ ' .y N Vl�C»G a C �I RS -r. -1-� � Ul ,3 � �►�1 w � a • C1�1.��T..N � � � � � ° o � � .� �' �,� H ` : .`i i � (� �- W�' ~�" � " a � ° o° W HH � � �a � � U�aJC]�t� � r � J L Q. • � a rl � � �-! � � d � � i o O ,L� .f.. N r-I � 'U � u �-' : � � i e „ N � •� � U � � �I ❑ � O !— ' n � � W -� � < � N � O � H � .�'.$ _ � O Z � U O ❑ > ° O s� � c'J � � � M o � '� � < � c` � � � � � +� � �,0� � p � o ,O F � w � °< .��C •� 'J� ?i tA 4-I -IJ i d' ' > � o r < < �3 � �i � a� � � :F •a' p . > ` � Wu° � rn ` ° o H � � r� +� +� � � ' F ► � � rn � b � � � UVi � O � , t-� . ,� � ,�.1 m u� G � •�t N � c Z z f W �w b � •rl •.i � O ''O � t � oN e > ? Rr0 � MS� � .N �(+ � W � � F Y w U U r � �� . w � M �F+ � � � � . J J d � � � a � i O �� i �} � � � O O Q t C C � o N � � i i � � � 1� � .�C � N .� W < < ? � ~ C N � � � n � ', .� ,N-1 � S-1 � ,.�"y ~ � i t � � a � � -� � Q � +� W Q N u o O '' S S L : p f o � F � 'Pa U� U� +� O S-I = a � f • � � w �-t � U 3 ��+ �+ � � W w q � i H � � H �3 �1w � o d' Q • �.y p N o1 t1� � O +(�, o � � t0 t��W 01 /� .� .� 7 W � [Q a � � � 1 � fA 00 �� • V i � •e�-i b Ny �I t�K3 N N N Q � a � � .� +� N r-1 N � � � J ' � � ' � � � O � � N � N � < J � " O [n ra a a cWi = = C N � f�C u1 � � � �n {L O � � � � i, � � � 4-t � � �e--i Q m 1-� � � o F i J � .3 '�'� �j � N � •� � Q J � = W �� ; W '� � � � � �' � oro ` Z � � _ ' ° ; �' � �i � .� oa� � � � � Y � Y ' w = Z � v ,�,f m �( � U � f ' < O i 3 e '+ N � N � ro r'1 /��^� � 0 � N "- i . i .�i � • � 3 .�t +� ,jx'{� ��.+ _ � � � � Y Y N U � � C` � �(� V! /(�(1 � � U { •� : O u N �I � �O H �W V W Q � t/ � a ` �� ttl •� NO p� N RS �N � < � > •� � I �I �71 � � S� � UI < ° � � � i � j: H • r-I Ol � N �� .� � z ► • • z � (J1 � z o ,� u o i Q i � OCS � --� � E� � t " _ > • C Y a c � < 0 2 � a c '� u a o e�i a �c � �. v+ ni oi � �. ;'; . . .: ` �: . . r : . ;;;. . � �/Z � . � < � � � � �p � � � � � � 2 � �W pQ . •.•I L � � 2 ❑ �U � 1a .� .-� � � � Q °• a �a ° a, ; � �o a �o � 3 u N c�, ,� " � r u i c a 1 H j g i � K � C C l+ C C 3 � � � • � i u i .t] c0 O •'+ a! v � a� U u 3.� N 1.+ �O 'G ,C o � � � � � < d �n u u C i..i v v 'v Q Q � a � W ; ; r� ro � v G .c . •� � 3 � ` a� a o ,� s� .,� cn co i i c o F� u C '� }� d ,� a � wq � n Z � ` o � $ a G1 'C c0 'O v � L3: � � O ❑ > Y M � 3.1 C) �O J"..� A CI � Gl C �..� �Q � � ° �rMi � f ` aa a as.i ,o � � � co w�l o w� a N a �i .� tl N ❑ � o i < G! O �o G 3 co � .0 � > ..1 � � • � • u � .0 �!1 C cd � .a v li tA � M O� [ w i p ri � �.J a 00 l0 Ol � • jk'a� � � �.--i • u f � r < t� N O N 7 .G L � O .'� �I'� '•J � s N i � � W I » c0 ,� G C O E-� S�+ u t� w rr a — � � � � t� �, „L a w W CO � � J � F F • � O �O � v .� • Vf 1-+ti+ e �O� - r � � o O G c1 u 6 • t0 � v 4-r W � 00 � r M z o '''+ tC � v p t3. .� V)tV-�? �� 4, I O F � a ` cd 'O 0! G • :,.u� y p � �. C1C v-)GD� O �` • Z W F ,� c�o .o .� � v G v v Op� �N ; c a � °c� g F °u u o co o v g .° � �..W�•r?. : E' � Z r m 1r a.i U > cd � r W <� � � ; � ai �c N �n ,-.� C y r-~r��y,{(,aJ�-�s � /�, � o a a = > .t] 3 ai o y �+ -� C� C��V W � y L+ Ol S-i G! U � z "' g °- y '� � • 3 u C � � C o pC � O r F > G a� 4+ O Gi O 'rr m W � � o u W � N N +.+ J m x `° _ � a z � o � `� d .� a u u `° s� ° �'Q 0 0 % � u� � � u � E G a, co �o 0o x a � > � W i •.� a v v E c � C7 s � � � N O E-� u � �� • � M H �N ; � .� C' w s� � i'[,, .� o�i +-� � � H ; a W � ,:� o • v 3 a �c w cc Z oa = Q o w u� � y �o � c o Q YI .}�-� Y W h � � �"� Sd Ol C fA M I-I G1 � •" ,, . > ; y �, � v '� � � � �, L � W O J o I 1.+ F � I 8 00 � u u e�0 .G b _ N A � W i N u • t K CL u� R1 .G U C 3 a� W aG � u.� < o z �o ..+ a� t� E m � v� a, u� W o 3.T� � < ° � c�o � 6 E s. � � ., .� c8o 3 � � < W o V] w o � o "a � O v u N �,, G cn p � < � . : . Z z ,� �, .� s „ •.� v „ a � � . . ; I 6 �o sa u, o o u „ a v .G z E-+ � �� o �Z = a �o � a u � z v � u c .��i c� u " �a c�n �� < Z F Y �"� QO N l� O pQ C O p O O ; � p' 1.+ .� � L N Cl � 00 O O W N � Ir � � a � � � o � F 'C L 9 �-+ 3 O ,� f.+ u u , W (� � � z • H G u s+ O C U � c0 •r+ •.+ n W < � � (� a �0 Gl Gl tl1 � GJ Ul � � F y • 0 0 � � W 'O N G V N A � N Sa � : a o = o j • O O 41 � G u ,� � S.i �+ a H CJ z V tA � ul S.+ tn d0 GJ L 3 O tA � . n i ; c = � u u m c E �o a •.+ a. ,J ° � r • '� •� d !-�i >, G1 s�. � N L�+ a�i � a� o i r .y' "� � � '-r u G) � c0 'O � tA C" a � � w .--r GL c0 N CL --+ a • I C .� 1-i z Q � � cV E �+ 3 w ci c Cr �o cn .� r� F- p � w = O G O .. N �-- cd a0 �A c t r • U t0 'O N CL �, E 'G v� c. O r1 � O � t - o � X C E a� cu y �o u r� r� m � � � I � o w �n ro C u � o •-+ c a r� �n � W r" s � � � s� o c� a� O c� 3 E •�+ .� c� u� � �cv u � O, 3 � 1.r �., L O u _ r � > a G. c) C Li N �p co a u U v 0 U ro 7 3�+ •O 1�..1 tq i�.J � ••, `p . W M 1J c0 Gl L U t0 y �.. C! O OJ L+ � � � � o �o u x u v a v -d u > 0 3 �o < O U W Y [ � L 01 > �-+ Q O f-� � c0 ,a � > J W � � � ^ .a N S-� O Q 01 1-1 '�r � c � • � • O� � � O t0 g or vi w 'O G� d > � i i � 00 ^ u u cn c+l .L � O .� z p ` � � • .r.. C 1] 'b ro u O Sd u � + F p �, O N o0 co O F+ C \ cn G� H �O � r� � � V r r> > •.� r. or cu E 3 O a� L u � 1�. t r� � v� � u r r � � G 7 �Cf > O cn 3. C w p� . O o < Q` r w c i N cd •�+ O �..� 1.+ u� �— O 7 N a � Z � d,� t .� L+ t� 1..� • 'C7 1r W 00 td ti O •-� Y O � r df � N �C m u W •.� C �n U � E+ v u f F W G .� .� N .G N O ..0 .� •�+ ci N ` C9 U Z N c � O >, E-� ►. 00 3 cn �n C 3 't7 a� 3 o cn \� 0 N • < �r7 < . � •.a � N �..i cC C a� - ..[ f C � Z O� r F- i �.+ v C 3-r N U •.a C a.+ � \�; � � • e � f � a�.� �..� U 3 a� � c0 E � � � I � �o » K � r� � cq u� �n E N u o o i.t_ > y � o r < e �O C .0 O .0 A 1.+ W S 4 0 j`I U C!] O Z ` ul � •rl L- f0 '�O Ul L O W . t 4 u N PI ♦ • . NI A .� .� � � . � . . W O � � < N � . � � _ a Y � l � z " -� . W C Y � F = � W \. W v J ` Y 0Z Q Y ` J u F� � < ` p Z � / ° a z � °- u I� � O �' M W G t � � W x L!i Z � J Q Y u u o � a i o �`1 w � � l � a � �� > ; � � y� � w � � a V � } i i d � � � � > � N � d Q O � a e o „ � ❑ a o � W s o � � F r Q � � Z f �� W = � h W � i � � �, � o > C � O W � (— a a ( � � � � �— d � i o ` u ^''� � : YI i � ° < °< V LL► G � '� � ` W � � m � � ' w O t � � p > 2 a j � � w < n,� z ❑ � � � � t' ' � c � � J w � � � 0 � � � } « a � � � ` ` �. Z M \� � < � < < u � Q . � W p c � < � �\` � ( . p�) • � .h � i � F w n C . , O ' Z � Q ( i W ► � M o ° r � � • J �� < ° i � ° N ' ( d z o t � r � W � W ! N � w� � Q�1 a � � � � Ft- u .� , ~ E C � e G • \v � r�.�1 � � N � � Q � (� � W ; s v � w W p C \ F � ! - U � � w � W a z � CC W i i � � � � F 1�r�j Q � e u W � ` � ` F u , ` � � W � • J , •v�e�'Q ` O < rN•�� ' � a a a..a z � _ _ < � :�� N • � w CO '` �� ` g o � , � _ _ � _ F L J � 0 1\ vf [ j x ` Z V Y " _ > O � 0 0 i o r r � � � : � z i ° i � � > r � � t � r � ► u � � ► i � i w � � . c e � o ! � � �j u < � � � O ( < o 'u_ o � � V c � � • i � ► ` u J � u � t = Y � z �- r � � < < H . � • F t �. � = t � _ � � Y h � LL c • 4 0 o r °< o Z � • � _ .ti , � 'a _� .'. � =' � � I� R V � � � . �.-, : . r,4 i � C � ► � r w V .E\� ` t� � , �{ � t W � - � W � 2 � . � W � _i > .� � \ • -. Q � � i i �-- Q z C � w � z � �� Z � o i U i v i � � � � � � \ � � I � � � i � i i � � �� : , 5 � 0 . � � � z�� ,� � W n u � � � c � e u < � � „ m : � W < Y � O Z � ` y W W J r r 7C O U V Oz p Y . W � < � � < O '_ Z � a i � u Y ] O � r� a V � � „ � f � � ¢ W � w u u o � a � F,�, W � � � J qZ , � a � Y W O I� � � _ W � � � � a �� V � � > i s a., Q 1-� ❑ > � a wi vi p p� yy o � 1� a � � ' GP � z N � v ❑ F � � � ' o � w � Z W � = o .., N � Q J W � � o w i►� + > � � � O W J � ¢ � � � � � � � � '� ¢ O � V W � IN ► � 4 � o � W a < � a a a a O ❑ mM F=— W V d iJ _ < � O O > = Q � ; p ; � a W ►n � o V' a � !+/ n e < o � • $ � p 0 ` � � j � 2 � � W Q � 1 O U F ► `(�. ` u < O . O � V Z �_ r � o ► W! ► r W W i 1 p a p W Z Q ¢ L > � W � y _r rl V V Y � � d Q� O O � 2 D � . � 0 O Q . ` � > W W � O 1 � � � a F < < = 1"� � W W � � � W F N p F�� Q j N u o d ` � W b � W f � Q \ 0 q i V J � _ „ l C O � W � \ < Q Q • F � M � a. < � a � ' i it W W ► � F; Z U � 2 � w > r m �- `o • � � I g � � ( W � _ � � l J � 0 V f � � X � Z Y : > � � �-.� c'� ° � I � z a ° i � , � i — � Y W p ( Z � < O < c � u � ° � a Y M W t � ` » • ( r [ • 2 J � ' � Y t Q � Y Y N u � � I � } W O » a � u • • i � , , z � � � < ) . ► o u � o i = r H � i � � r Q � < • � ► • � i K � " � � W t Y O • � i � • � '� o o , °< o z � ; i .� V � �i I��Ib ' � = ' � (^ b e � � t � . `�� o c � O Y ..0 m � J W C � V U O� C �.V r p Y _ .r� �O �LO •p� Q € a - � C_ m � O •a E •`o_ � p v, d � '" U � � X '> ii V"� ii m � :� 2 0� � ,M W � � -� � � o ° N ° �. o Qo a� �� \ ` _°,a ° u � m ��,,,� - a� a— ` f" o U o a � � � a a� � � . Y � � , } � o Y E } v d _F y. p � u o � � „ � �i p° � o J �° O V N � a� J � ; �� V • • Y J • � � � O p C � d Gl N d } V� Z � � o � � � .E � a .� V E� � o � °_ V a a V V o �d � � u °_ �>y i i i i i m a�i I, ~ J •U � J � � v � a V c a U U g ° � rn r _ d Z N p. � Q z 0 N pp . � d Z 'c� � U c �•� N o W ; " .J� y .7 v O y � a �� » � � c.� •` M O o ar w � a `�' o Q � � w � C , a"i � m p « F. Q � � � �� } 'a O � -o . � � �W � � s ^ � � G:. Q� _ � } � d W �.i � p �; � � Q � � ^ , o g -p 0 F� � N � � r o � V O j � a � W � � Q a �O Q v � w` ` `_ � ' o � o � U � �N � � ar. � 'y � � " F � i �: } � � '� � rn O r�n � � < Z � r�- 6 L: Q � u � a. ` � a j� H � � •m W C � � � N ' � Z � _1L �- � � � ° ~ � s J >- ~ m m` � � � II c U v W o � F'; ra� N � o Q o' "' . a� v y c � � �� .a ``� �' �V � Z O I � , ~ � I ;?0 U °� u �. o � M � � � 0 E o v } m �° �\ � _ � � .. u �O o � Ew-, � y " •� �� E � • O � a � � a� � � o a � � m Q �. � � � 00 p° �I C � 1 $' a o 0 o E • � o ' \ U E � o dz } Z �(� �„ d � o � a a� � � ' ri l o:% ' `l1 ' ri a� —Z :' Z I n�`. z . �5 �/-� 0� c� � J X ..�. � y p C� m � W C V - _ ,o � �°- Q ° € a �'"v m � o m � E `o � �-g d � � V a �� $ C x •d � u LL m � O O � � W 1 1 1 1 0 N L � 'D �- CO m N �� J Q lL V LL m Q+ ._ d n.— � � ❑ oV ��o � � Y A(p . L � � � E a�`� � -.—•-- �v >� �� O � J C� ..0 � � � U 6L � J � } J V S � O J � � } � Z � o o E �a a E E Q .� U -p ._ +- '� � Q � ,.., . 9 E � o � oc� a a c:� v od . ` 1 } � u � °- > � � i � � ° - � J .r } `� ` � �Jl � � J � � � � o � � � S a V a o�. V V � C i ar N a Z� z u ,� o m F �; � f,,. , > a d � w o 'c�i � U 3 •N � Z � � � � U � d V!� � E �� } F O '� � > � W "' a� _ ` a � . � p, Vy d y O = a O d•, � m � � �� a �. �°p� �W `e" } s C.a " - + pp O — � } � d � ❑ "' �o a g � H � � ^ � N � d W 1 6. 0 � � y � C y� d � M � C' d � _ O � Q a o V �O Q v � W � ` � � O p N V � � a CI �= � / � OC i � C • � �l ' g ; � a o � v � � _ � . rn � � ` � J ' 0 N � � � � i . Z u � a o a i. , a� E °° � Z H s d W C u. E � � � p c c O ~' a�i m � L ►- v d ~I Vv „ p • �'; � U U Q � � � } L W � � � t H O � a°� a » p ��- � a �' ' Z � �V I 0 d � U � u a� u � a� `o / a c ui .o � O � � `, o d � m I V .. °' = �Q � � [:] V ��n I--� " � v � < d _ � Q � � o u� Y � R � � ' � op o C � d d a d ` a� c� rn � a � o � °" U o � ° a ` E ' d�- Q . . � G: a � a Z � Z � �"` � «Z � Z Q � • �; �;, � • ^ �; — I a . z �C' (i/,"— �y'C�'� • _ . . i • . . _y. �.. ... -� � . � W 1� u � r < c a Y I � � Z � a ' W � Y 0 N � � � z O W W J W V X U D O y W � � A � O � Z 0 u ` Z � � p u i � °m : O � a Z � F � ��r • J ¢ y � e�..l W � f-r u o � a � . W < �} � 4 � i � � '4� 'O ...1 Pa W � W � .�i a � C� p�„ �k R�'i V � � > > s � �.�j +? ❑ a � � o � A � � Q � Q Z „ ■ O C � m O � � ? F �i ❑ F � W W � = � a z � W! Y I r � � ° C � Q W 1 F Q � ` J � Q ' j � ` ' ` �J � � Z W W W W Z , 0 1� W W p o F p � m � 2 R+ a a � � ~ � " U 6 W O a < � 0 � Z W � J a J ❑ � „ < � O „ W Z � � W J V b � � u O J • p � 0 p' ` � W j < • 2 �/ � > „ g W Q < • O a � W� WQ � � o z < Z �� °d�► � o � o 0 W r � � W . m R+ p a W Z � W F 0 S o � r ( � � c �i 4 � � � � � i o � � � < � Q o � o o Q r � o � a ¢ � • F- a Z � ry N Q i Q ° N � o W u � o ° ` _ � W z W `e � e w V � e J � „ 4 = c� o � W � 1� ( Q [ O �� W � u � � � u � O W ^1 d O ° 4 � � O W J a - � � W Y � � r f u � � � ► I � R F t � • t � � •` t • O � t w U � O � Y � � � N � Q � o � u • ; ; � � , 0 ; V � � � f o C i Z w ' < i � + F � � � � y O • � � u f LL u < < � i o Z � � � _ • I^ �` V � wi o� � � :°, —` � � � �� ; � � � < � � � � � z � o� $ * �, � � � � ": � �, - a W Z w • ; Y < � X "'a "� p -71 C/) CJ N Q y � � � � G1 f0 � Sa N k+ W .� J . ; $ w• x oo ro c� v .� �. �o u „ �' . ` : � � a? a ..[ u u o v� a^0 » W � � � < ¢ � • � � w >, d v `o I : � Y W ; � � ••+ u u � O p .G a.� O � � F o o ' W w � � G 'O • L u = a d � o � C� O 1+ �tl C N C �n .° „ z ° � z W W 3 v � v a a, orn � "' " � n ' UI L ,,.� a a �. �i u W ❑a `o � < � c��.. o c � .-+ v � o a • o o •�+ v o0 o a, o o a a � u r. a � � o a W i ° N ^ co �-+ ►� u 3 a�i � • a x 0 W � a M � d C N v7 'O tl) � a u � W < t+� S� ,� O � v y td . y � �i a ¢ u H � + N v1 O� N U � � �+ GJ tA H Q � � �+ C �0 � N ' u M � � C C O � U u O O U � � � » j � m � x o �6 ^ O) O 1.+ LY. N u O fs1 � W � O W W L.I W .r E �+"i N U V1 U U � j F � p 4 .. .,� H �1 N T' c0 •.-� Gl �+ CO H O r g � W I z c U �+ �o u g w � .� p E-� > = 2 0 �"'� � �+ -�G1 L+ W C7' t0 F d M � u W ^ C) N fa C1 � O C] r Z ` . � � a ; �L c� W • C G1 � O o0 i.+ y - �O F � E-� o p o = •-+ A �+ 7 3� O �+ 00 O 3 3+ N z W • > r-� co v c; a .o y v u � d ,; " o ,; �. 6 .a s+ 3 v I a� c c ca u w Q - W r�. c x a� �+ v o w cv 3 �+ ° � � G4 A � W O O N 3 �+ .� vl c0 O N • m W W � o u ^ ,� c0 d a1 u � v� O CL f-� _ o a � ^O T t� l+ u 3. u p cp C 3 � O O N � 'L7 u� 0! O • N G1 � O O aC = � o c� v� 7 E •�+ 3 +� .G .0 v c >, �n c� o � u c� ro �o o c oo u c, •.+ v v .o Q z .n s. a a� cn C v ,� .� .0 � � W z . c w �o �+ v �.� 3 C �+ u ,.� u d � w o � � �o �n o o c o •.+ oo cn r� v' � < W : � �o �o o .� •., b .� o ► 3 3 s. a� 3 N .� a� �n �7 � E p w 0 � [L ►N � . G! S-i f0 U C C C 'C G! .r N • � a O W � f� >+ � 'O c0 c0 U Rf L+ ••+ � G .� .� y p � i � c �c v E a 3 � o ro L 3 0 � W • Y ltl ,.z Gr •"+ E 0! L W ^ GJ N � W ►>C � = U W 't7 S. H L U O .0 Sa c'7 'C7 C 3 W � a W r 3 W s G� s. CY. i� 1+ u d 'Cl .-� tn w C .� � V � � �O d �4 0! W .� C O �O �-+ t0 • C W J I fa h � W v1 3 w .0 1�+ 3a o t0 .-� $ Ol tn 'O Cr ?,G y : v u • � •�+ c� c, v �o a v, s. u c .� W u ae < o z m �, a� 3 27 a� � - v N co a m 3 � r >, x z Y Y u� .� W -C-, N C ' 'L7 fs. 7 8 p "� � ,�,� C � a �+ W � � � cC H C.7 u tA � O N fi. r-+ N cA 'G � ,^ 2 L� ; • _ ^ G] Ir 'C CO 00 W c0 T GJ u G1 N o • < W o� � i w i� � O c! a/ al 00 '� > .n .� N u s. � F Q ,, 3 I u • ti u � 7-� 1, 3 co a, s. •.+ a, z c7 ul o N t� ` � W p ..� 1+ O N N �0 � >, G1 > > F v] �-- <u� ��p o W z z C N T C �+ 3 > �+ 7+ �+ � G a� N O a 0 O� J� , > 7 u� u = >+ 3 "+ U G/ N N 0 0 � c, s+ �o •-+ u w c, �+ O u v� 3 --� 00 w a w �o .-. '> o W c; a� v o0 w �+ o a) �: G • u •» C W � h •.+ cl� C C O 3 7 G) N Gl O •'+ N W V � � i i > 00 cn v >, O F O � 'fl .� .O u �+ � o � < " � •.� �o .� ro �n u � •� u • �a a < � " o "o � ,� ,`n° w 3 3 a •-� � v v > �n �n o v u • r } d �+ oo v u w u u -- •.+ u = w � +� �v u .G u vl ca Rf w q., � c� • a L o � ^ C C U �O 61 C/ C W O •'+ .G C!] W �U � z z W S+ c0 t0 L+ � • � L+ c0 O N >+ G1 N N Q O a � < _ o �" 3�+ co u �+ •'+ o E +� co u A u � d p i . W 'O l+ 61 G1 � W OO .t� ^ Gl O O a� O J � u • �n a, co cn � 3 u v u G oo a �+ c E x a �� . � s� >, 3 3 3 ro m .c� .c •.� •,� v a, H •-� � � y r v .n o� ai O s+ E o0 .� s+ s. v a.i �+ Cr a a. M r .n s+ � d .� .G �o �O �,-r t� v L+ w >+ u �„q � � E N > .G a.� N G! N C O N .'l N O G1 Q N ~ � QC� � 2 N A Ci L m � .� 2 •.+ O .� .G OG �+ m • � E � c �o � u a. v .� a 3 3 +� � ' - o � c w cu cu .c co .� o >, ro � O � - I � - 3 cn o c0 .� u E s� +� • w w w .[ w ,n °� � W r� w � � � o o �o a, o 00 �o 0 0 0 0 ..c Q } �.t .� �,,,, u F r� s. 3 >, .a � E s.+ O � a 3 �o u � F- �� ,y ,Q ; a � cc a c o w u .c s. v a, v o v a, -� u o v o s+ O u �o v s. s+ C s+ c 3 V� �,�y � o `u a, r+ u 3 •� w N .G �+ uf co co x �d 3 " +� .c u s� n. cu v �+ 3 3 3 0 ,.� �O aa � � � a �0 u co cc 'O o v U > c0 co a� ro w w� LY M y � ' • > N U N v1 �.+ 't7 O �n G1 Q > �{w,� � � ` � r � u �n � N t+ S-+ V1 L+ W c0 1.i u C ul •.a — i.,� O J I � �0 W L+ �O G! G! N • 61 W O O cE � � p � = rn w co cn �n > a� 3 .c o �n c C �n 3 s. v, \ L O A � .G O .� u cd N t0 <0 M � o f � C >, I o u u �n .. u � m N o �+ .a 3 W r� W Z � v r •-� c0 �V N .r N E aG 00 C •.+ •'+ 'O ..7 IL <•-� � � O u r w � s. a .� C� �i sr 3.+ a� 6 G N �+ 3 aJ �+ • p • u - > c ., L+ u N O �0 +� � '�+ 8 ..7 N a1 ai O .0 ..7 ¢ O � � i � W i ' i m s. •�+ m a •�+ c� s+ v 3 aC x x a4 F 3 W � , u �— c 3 a +-� a, s+ c0 .-� w 7 �n p •• � ° Cl � � W o x ¢ C a 3 u --� c� o co rx oo I i i i i x � � � = ` � u a .� o o ¢ d3 � � ° �"7 � Z r F' � 1+ C1. O u 61 $ � o '< ! t �o o z .� o Z � r � � N a� Ci c'�l 'O • r-i a.i � � �` � > u• o W � v} �7 .a �G •^+ '+.+ : i (� �•i ei v ► ui : �b�� ' ` � 2 ^ ?r.. .a � J .' o � e � � �' Z aX » o � v� E "'"'' ` 1 c o � „ � °`,, .�1 a � € a .~ � 0 .Y ' � � E O � �� ° � g V \ o v+ � q . J x �> � U u. m � � a pW � � � � � �° Q .O N CO m Y �` � J Q tt V LL m � � � ❑ �� , ��O d u � ` ' �"�. i a O .�� 1 , �]c O - ��p . i v� o .x pE u .� - x`o (� � O � ^ J O O � r�t ' � � � .c o . E - v `^`�� o � � ILL� � � � � V � � t` � O o ` O � p �i°D Z � o o £ a a E E Q =� U � � � o >_ `-- _ e g 'o o � d a u u o '� � � � � u o � � � � � n o - � ` x r ~ S o '° � J oc -� U p O ; .� � a a a u c� g c � � °' �, � � d � i ❑ N ` . � � C � � � 3 � Z �$ �' l� 0 � � �.� �, 0 -' O Y W °a� 'c O LL o � Q � O Ll � °c F°-E � a � � � . -�� .� E � - o �� g ± 3 ± d �� t � D _ � m Q � OL Y � ^ o g � ° , � N �� v . � , o o �� i � � � �c�Q � � � a , � P } a. o � M �i u ' p v 1 :r �- , �� g p�' �i � u g 3 � � � � � � y .�. O � `" � � � Z a p u d � p Q j; � 1-- S � ! W C � � Z � m � V � O y � O 1'�' C � ~ ; S � m � +� � u uv ' � • W � V . F�- Q O. W � � � �: i N C � • O � I � a• � $v Z N � � , • I � � u ('V � V U O �6� O �1i � M ` t O � � I`i W O O � U � = EO o � . W .S. ~ I d � � � � o � m ° t, « � � f� � g' � oo� Q � v `v v a ` o I $� � 2 a � E • u$ Q � cL �a Z � Z� ^� �" � u o � u Z Q � � 1 . . I "J ^ m Z I� � � / .;_� 1-%�." �`�' 1 �� i ... --- -'- � ---��w...�--' - ��---�--- — �'• --' ,: � �o-/� /'d CITY OF ST. PAUL YS THOMAS ENTERPRISES INC. dba� BROf�� DERBY tOU�tC6E HEARiNG DATE APRIL 3b, 1990 CI'fY'5 EXHIBIf #�_ I hereby certify that these are the true and accurate copies of the records of the License and Permit Division of the City of Saint Paul for Thomas Enterprises Inc. , DBA Brown Derby Lounge at 567 Stryker Avenue. �� Ja t dalen, Offi Ma.nager `-f- .,�� DATE R ^RJ�Ir �'"�.\ KRISTINA L VAN H�PN s �� NOTARY PUBLIC—MINNESOTA :; �.•• DAKOTA COUNTY ' My Commission Expires 1an 2, !.�'')� 5 w vvwvwwv�n �nnn�w m ��. .� �; . ��-.� ��---� � � , �_ - _ ___ -- :.��--/Z� .. ,- . .. -----�--v,r"- _.. �— --- . THOMAS ENTERPRISES,�"INC. ` 567 Stryker Ave. 5510' DBA Brown Derby Lounge I.D. #6320689 On Sale Liquor Transfer . 44031 . 3/31�89* ,� ' , ,`' �inday.f�n Sale Liquor.,,'Fransfe� �40�1 . 3/31�89�* �'^ ;,�. . f n ,..,..,�- .�,`� �,�� ` , ,.` ;: ..,;�:,� .ti; � ``� ,1. `�'�. �: *T�ahsf�rrec�:fro�t Thamas F,n�erpr�se�, .Tne. DBA, �� .,, . . - > �<B"row#i Dertiy Lounge 111;5/88 t�PP-,p �:1�.,88-I816-±: .,: ,: , 3-31-90 ; On 5al e L.�quor �C), .: � �� 031 :.; �;�:�,� : � Sunday On Sale'�iquor' "'"� ��31 �� 3-31-90 ' On Sale Liquor(C) 44031 3-31-91 ,,�- ;. � ` Sunday On Sale 44031 3-31-91 �. > . .. _ .�,,, - . 12;,90 7/29/88 Western Surety .Co. Bond #5701236 Expires CONT 7/28/88 EBA Liq: -Lia. Po. # 88-246-2 Ex�ires 3/31/89 11/25/88 P't�i on aoon to trfr On Sale Lio, �unday. Off S_:le Malt 3.2, Entert .� Il & �est. B Lic from Thonas ffinter��>ises In dba i'� Brown Derb (Richard J• Thomas, ?res . -"� Stoc'-- ho�der) APP D C.F.88-18�4 3-30-89 Liq. Liab. Park Glen :ra�c'1 Ins. Co. #4�fJLL890230 Exp. 3-31-90 9/14/89 PH on new a n (ID 4�44031) APP'D C.F. 89-1652 .�, ,, 3/22/90 PH date of 4/'��/90 before an Admin Law Judge. ! announced 3-30-90 Liq Liab-Acceptance Indemnity, ��IL381120, Exp 3- 1-91 �. 3/27/90 Ci�y ttorney's Office announced date of 4/16/90 for Admin Law Judge Hearing � �'!�, inc. 9A1 � Li�[iAR � � �' i,�uh�s ��t �.• 'l�i� - Presfdent � � � �•1z�3 . 9 567 Stryker Ave-55107 ID�6320689 `.._ •J � _:.. . ` Thomas Enterprises Inc dba Brown Derby Lounge � . _ ._.. . ' '�� -:: Restaurant(B) 44031 3-31-91 Entertainment-II 44031 3-31-91 _... , - Off Sale Malt 44031 3-3}.-91 Gamb Loc(A) 44031 3-31-91 ,.�= _..: r,..:�.. . � �' : -� . .. � . � � � � 567 STRYKER AV 55107 . . . . . ID# 6320689 THOMAS ENTERPRISES, INC. dba�Brown Derby Lounge � Entertairnment R163�+7 1-31-86 Off sale Malt R16347 1-31-86 " " Entertaimnent S00932 1-31-87 Off Sale P�Ialt SA0932 1-31-87 " " Gambling Location 16347 1-31-87 �� " Off Sale Malt 16347 1-31-88 Entertair�ment 16347 1-31-88 Gambling Loc(B) 16347 1-31-38 " Restaurant B 16347 1-31-88 " Restaurant(B) 16347 1-31-89 * Gambling Loc(B) 16347 1-31-89 * Off Sale Malt 16347 1-31-89 � 3 l 3 gq * ' *Trfd to Thomas�n�p�st��nc l�dba�Brown Ifer�by T.ounge � 567 Stryker Ave. 55107 . "a� � . I.D.#6320689 Thomas Enterprises, Inc. DBA Brown Derby Lounge - � � - � Off Sale Malt Trfr 44031 3/31/89* Entertainment II Trfr 44031 3/31/89* . Gambling Location B Trfr 44031 # 3/31/89* ' Restaura�nt-B Trfr - - 44031 3/31/89* ' *Transferred from Thomas Enterprises; Inc. DBA Brown Derby Lounge 11/15/88 APP'D C.F.88-1814 #11/3/88 GAMBL LOC LIC NOT TRANSFERABLE � DUE TO UIOLATION CANCELLED - REFUND P.V. U160-0430 Thomas Enterprises Inc. DBA Brown Derby Lounge Off Sale Malt 44031 3-31-90 Restaurant (B). 44031 3-31-90 Entertainment II 44031 3-31-90 . . Class A Gambltng Loc. 44031 3-31-90 ' . �� _/� 1� CITY OF ST. AAUL VS THOt1AS Et�fEltPRISES INC. dbaE BROWlJ � ,, ��Y i'� LICENSES $ 310.01 �-��- NEARI� DATE APRIi. 16, i99Q �� CTTY'S EXFIIBI? #��_ SUBTITLE A. IN GENERAL Legislative 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; defined in this section shall have the meanings Dormitories 321 ascribed to them: Bowling Alleys; Pool Halls 322 Christmas�ee Sales 323 Adverse 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, g�lding 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; Bond means a bond meeting the requirements Apparatus Installers 329 �" �` Florists 330 �r" of Section 310.07 and indemnifying the City of � � Saint Paul against all claims,judgments or suits Food License 331 c a u s e d b y, r e s u l t i n g f r o m o r i n c o n n e c t i o n w i t h 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 official means the supervisor of code xaz'dware Stores 337 enforcement in the department of community House Sewer Contractors 338 services. Ice Cream Prceessing 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 inaf�er 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 licenses means those licenses which can g,�dio 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 �ntal of Hospital Equipment 350 chapters.The following licenses are so classified, Rental of Kitchenware 351 and the numbers shown opposite them correspond g,�ntal of Trailers 352 to the chapters in the Legislative Code pertaining Roller Rinks 353 ��z to each license: Sanitary Disposal 354 ` `�t�'�a F ��:;,,,.-., �'� Supp.No.9 2027 Y -( � "`. . . .. y � � � D�p -�2 t'� § 310.01 LEGISLATIVE CODE '�-'��' R r --�� ! �•;j � ::� Legislative Legislative Code Code Class I Licenses Chapter Class III Licenses Chapter 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�ucks—Service Vehicles 361 Hotel 407 Tree Trimming 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�ades 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 376 Tire Recapping Plants 372 Gambling License 419 ,-;r,� �Yansient Merchants 373 �" "� �- Director means the director of the department �..f �,� Class II licenses means those licenses which of finance and management services, unless oth- .. . must be approved or denied by the director, sub- erwise defined in the spec�c chapter, section or ject to the procedures required by these chapters. subdivision referred to. The following licenses are so class�ed, and the Division means the division of license and per- numbers shown opposite them correspond to the mit administration in the department of�nance chapters in the Legislative Code pertaining to each license: and management services. Legislatiue Fee means and includes both the license fee Class II Licenses Code and application fee unless otherwise provided. Auctioneers—Short Chapter 390 License means and includes all licenses and Term License permits provided for or covered by these chapters. City Gambling Permit Section 402.06 Person means and includes any person, firm, Soliciting Funds—Tag Days Chapter 391 corporation, partnership, company, organization, Temporary On-Sale Beer Section 410.10 agency, club or any group or assceiation thereof. Temporary Wine and Liquor Section 40925 It shall also include any executor, administrator, Class Ili licenses means those licenses which �stee,receiver or other representative appointed can be approved or denied only by the council, by law. subject to the procedures required by these chap- Zoning administrator means the supervisor of ters. The following licenses are so classified, and code enforcement in the department of commu- the numbers shown opposite them correspond to the chapters in the Legislative Code pertaining to each license: .a4'✓'`"..h''n � h :. J Supp.No.9 ��_ :, 2028 � � �o-/z 93 <^�, 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 speci�c 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 certi�cates 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 revocation. 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 ��r� �-_:�;=:�. required,the Ramsey County Department of Prop- council, if such denial or revocation was base _:*,.%y ,,,�,;, '''��-"�`� 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 previo�s 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- cense of the type subsequently applied for. pay delinquent taxes in periodic installments; (e) Reapplication after denial; "interest" of ap- (2) The applicant has properly commenced a plicant in revoked 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 int.er- inequitable to require the lessee to pay such est in the ownership, operation, management or �,;, taxes. profits of an establishment, but does not include: E �>:,:,:-,_,;:' -- Supp.No.4 2029 � � 9a.�.� �a 0 310.0'l LEGISLATNE CODE '�„�,. ��"�� }s:s.'�x.y% bona fide loans; bona fide rental agreements;bona priate, the assistance of other city divisions or �de 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, fixtures 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- (fl 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 tg) Wuiting period aftc>r f ling of petition. Any building official for investigation and recom- petition required to be �led with the application mendation. for any license shall not be considered as offic- (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;recommenda- office. During the seven-day waiting period, any tions. si natc�r of an etition ma withdraw his name ��''' g Y P y (a) Class I licenses. Where an application for -��.�-� therefrom by written request, and such request �� $;�„q 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. suff"iciency 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 transf'er. suspension of,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. applications,etc. (c) Class 1 and Class II licenses, if denied by The inspector shall determine the suff`iciency 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 ��`�°�'J 2030 � • �✓ --/� �d� ' >.�;.�,, LICENSES §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 the issuance�of the license. (d) Class III licenses. Upon receipt of a fully (Code 1956, § 510.04; Ord. No. 17455, § 1, 5-21-87; completed application and required fees for a Class 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 heczring 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 ''�`F transfer of a Class III license meets all the re- (1�) Notice. In each such case where adverse ac- � V � uirements of law and where there exists no ound tion is or will be considered by the council, the ._,<�>.:�,' Q � �' `��`� for adverse action, the council shall by resolution applicant or licensee shall have been notified in direct that the inspector issue said license in ac- �'iting 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 II license; provid- notice shall state the issues involved or grounds ed,however,that the appeal shall have been filed upon which the adverse action may be sought or with the city clerk within thirty (30) days after based.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 by the city attorney. has been an error of law in the grant, issuance, 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 �ment 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 j � �jo�/Z�13 §310.05 LEGISLATIVE CODE ��. �� :;>; `^ discretion permit other interested persons the op- (fl 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 �g� Additional procedures where required Where in the record,the hearing examiner's recommended the provisions of any statute or ordinance require findings of fact and conclusions, and shall not additional notice or hearing procedures, such pro- consider any factual testimony not previously sub- visions shall be complied with and shall super- mitted to and considered by the hearing examin- er. After receipt of the hearing examiner's �nd- 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- specific 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 withdra,wal 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- `Y"�� 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 findings, 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 final 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. R.evocation; 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 �s =''', permit, licensee or applicant for a license, as pro- �t� _'} � sons in the conduct of their affairs. w�,.,-,,� � Supp.No.8 `-' 2032 ' � � 9 � ��%�� LICENSES— §310.06 �:�,=4"<;� ��''_„.~Y;��' l�,;t�..,,:s"�°' � 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. (8) 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 tha� unreasonably annoy, which are in addition to any other reason-specifi- 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 fitness 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 �c) Imposition of reasonable conditions and/or material mistake of fact. restrictions. When a reasonable basis is found to :�� ,a (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 and the elimination of conditions or actions that puted to the licensee or applicant)has constitute a nuisance or a detriment to the peace- violated,or performed any act which is ful enjoyment of urban life,or promoting security a violation of, any of the provisions of 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 �2) A limitation or restriction as to the loca- said applicant from holding the license tion within the licensed business or estab- in question under the standards and 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- �. 'tt 2,a.°. �'�� Supp.No.8 2032.1 � � 90 - 1�F� §310.06 LEGISLATIVE CODE /`.""�`� {i.��ii 4_�'}'� � �Y:.; s,�,� tx - (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 and maintenance requirements. In the event the advertising the operation or merchandise licensee reinstates and files such policies, depos- of the licensed establishment; 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- f�;�:,:''-��, �"S 7 aY � quired. Such conditions may be imposed on a li- .��_�.�R; cense or licenses upon issuance,renewal or transfer '`�t�' 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, reinst¢tement; re- sponsibtility of licensee. All licenses or pernuts 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 certifications. 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 c ::� _ - _ 'ri; Supp.No.8 ��-,�`--�~ 2032.2 . �i o - /a�'3 `��'-' LICENSES $310.09 f �� F y '- t : ilJ,- �.2�X y ��?�''�,is- 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 permit 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- �e 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 gpector 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�led 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 'f:�.i3�:;'j� . ;=� (3) Uniform Endorsement: Each insurance pol- authorized, at the request of the licensee, to de- icy required to be filed 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, premises or facilities and that he shall con- �d) In order to conform to the foregoing provi- duct all such activities or business in con- sions, new licenses may be issued for a term of formity therewith. Such bonds shall also less than one year, and the license fee therefor indemnify the City of Saint Paul against shall be prorated for the period of issuance. all claims, judgments or suits caused by, �Code 1956, § 510.08; Ord. No. 17360, § 1,6-5-86) resulting from or in connection with the �c. 310.09. Fees. licensed business, premises, activity, thing, facility, occurrence or otherwise licensed �a) Application charge: 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 t � -` Code. of Saint Paul. � f" -J F_.:: "v='�.y' • 2033 . . go--/�� §310.09 LEGISLATIVE CODE - ..� or J y �1'_ a (2) Refunds: Said two dollar fifty cent ($2.50) met when the license has lapsed by reason of �'=��-r' processing charge shall not, under any cir- expiration. cumstances,be refunded. (Code 1956, § 510.09; Ord. No. 16884, 2-11-82) (b) Fee sclxedule. The council may by ordinance �c. 310.10. Refunds 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�seraice 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 filing. 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 specification, both direct and indi- �� Limitation on refunc� other cases. In all other rect costs and expenses, such as salaries, wages, cases as provided in paragraph (c), the inspector benefits and all personnel costs including train- may refund not to exceed one hundred dollars ing, seminars and schooling, expenses of investi- �$100.00) of fees received in connection with any gations and inspections, handling of inquiries and license requests for assistance, telephone and communi- � permit or application therefor; provided, cations, stationery, postage, paper, reproduction, that he certify in writing that the amount of the office capital equipment and all office 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 ��, that time in connection with said license ermit ��'7 posted in the office of the inspector shall super- � P �;�;� or application. The director may refund not to �:'F;°.- - sede inconsistent fee provisions in these chapters exceed two hundred fifty dollars($250.00)of such or in other ordinances or laws. fees upon a like certification by the inspector. (c) Fee or one ear• ma be The council may by resolution authorize all re- f y , y prorated Unless funds upon a like certification by the inspector. otherwise specifically provided,the license fee stated 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 (}�)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 specifically 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 �2� �ere the business or licensed activity ceases in addition to any other fee or payment required, by reason of the death or illness of the and shall be ten(10)percent of the annual license licensee or the sole employee or manager; fee for such license for each thirty-day period or or portion thereof which has elapsed after the expi- ration date of such license. The late fee shall not (3) Where it has become unlawful for the li- exceed fifty(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 � " � � � �� ;�G �-.��. - X�:t = LICENSES §310.11 � .;..-;:::.;; .^�' Sec. 310.11. Transfers;general. is provided for on the part of the transferee before (a) License a privilege, 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 (� Transfer; def nition. "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- °��ansfer," 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 specifically 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- ,C.3�::y'�',�:.. ��„�'";��y� 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�davit of transferor. No license transfer amount of twenty-five (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 ta� 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 ta.� 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 1. .�_ �•• . �::;.':;-�' Supp.No.4 2035 � gv-/��'� §310.11 LEGISLATNE CODE �=��=�� ;!�9~�'"'�.L'P i-�:v%-� �f,j%= 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 officer 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, (�Code 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 bene�t of his employees. death of said licensee, lapse to the city in the (Code 1956, § 510.13) �.Y_, absence of this ara a h, the authorized re re- �'��'�:� P �' P P �:�� sentative of the estate of the deceased licensee �c. 310.14. Savings clause. �:`;.-. may consent to and seek to transfer said license �`�� to the surviving spouse of the licensee.The trans- �a) If any provision in these chapters is held fer shall be subject to all applicable requirements unconstitutional or invalid by a court of compe- of these chapters and existing law. tent jurisdiction, the invalidity shall extend only 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 �� e repeal of any ordinance by ihis ordi- contract or agreement regarding employee bene- nance (which enacts the Uniform License Ordi- fit or fringe benefit programs; including, but not nance) shall not affect or impair any act done, limited to, pension, hospitalization, medical and any rights vested or accrued,or any suit,proceed- life insurance, profit-sharing or holiday pay pro- 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 III licenses. repeal of the repealed ordinances,shall be brought �`��';'; r, ��-y�` Supp.No.4 2036 � , ^ °�o �/a9� � ��, LICENSES $317.02 �s�,��`'± ';;��;^�`;> 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, § 1, 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. Reserved* 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 off`icers,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. t.ciwip:•Y.� . i 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 T�e 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 'Phe 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- .Editor's note—The licenses under this chapter, derived cent to (or under the lease or control of� the li- from§§345.01-345.03 of the city's 1956 Code,were redesig- F °�` censed premises, and which act ox' COnduCt vio- nated as Class III licenses by Ord.No.17207,adopted Jan.31, >.s,K;::�_� lates any state or federal statutes or regulations, 1985,and recodified as Ch.423. y`""''�` Supp.No.? 2037 , , • �� /�� §317.02 LEGISLATNE CODE �':..'_�:.�, � �� ate and maintain the business of providing such devices is seven hundred fifty dollars ($750.00), rides. together with an additio.rial fee of fifty dollars (Code 195&, § 411.02) ($50.00) for each machine other than music ma- chines, coin-operated television units, or coin- Chapter 318.Mechariical Amusement�Devices operated amusement rides owned and operated by.the licensee. Sec. 318.01. License required; definitions. (Code 1956, § 412.03; Ord. No. 16784, 4-30-81; Ord. No. 16883, 2-11-82) No person:sha'll own and allow to be operated for business purposes any coin-operated mechani- Sec. 318.03. Application. cal amusement device without a license. A coin- The application shall include, in addition to operated mechanical amusement device is hereby �ther required information, a list of the locations defined as any machine which,upon the insertion where the applicant pi•oposes to install and oper- of a coin, token or slug, operates or may be oper- ate such machines, the kind and number thereof, ated by the public for use as a game, entertain- and the address of the place where the machines ment or amusement, which amusement device are to be stored. All applications shall contain a contains no automatic payoff device for the re- statement of the list price of such machines. turn of money, coins, checks, tokens or merchan- (Code 1956, � 412.03) dise, or which provides no such pay-off by any other means or manner. The term "coin-operated �c. 318.04. License tags;no transfer;removal. mechanical amusement device" shall include so- called pinball machines; music machines; coin- (a) The licensee shall receive,in addition to the operated television units;motion picture machines; license, one annual license tag for each machine ,�_;::;=_�, amusement rides, excepting those provided for he is licensed to own, which tag shall be displayed ,nt,;�� under Chapter 317,pertaining to amusement rides upon the machine in a prominent place. Such ��t`��'"�r' .:�,: of the type used at carnivals; table shuffleboard license tags must be secured and affixed to the games or similar games of amusement for which machines before machines are set up for opera- a fee is charged to players for the playing thereof; tion by the public. It shall be the responsibility of and all other machines which,by the insertion of licensee to obtain and affix such tags to said a coin or token, operate for the entertainment or machines. amusement of the player,except weighing machines. (Code 1956, §§ 412.01,412.02) (b) No license issued hereunder may be trans- ferred, but a machine with license tag affixed may be moved by the owner from one location to Sec. 318.02. Fee. another; provided, however, that the owner shall (a) Amusement rides. The fee required for li- notify the inspector in writing at least five (5) censes for coin-operated amusement rides shall days before the move to the new location, advis- be one hundred seventy-five dollars ($175.00) for ing him of the name and address of the new loca- ten (10) amusement ride machines or fewer, and tion; and, further provided, that in the event the fifteen dollars($15.00)per machine for each amuse- inspector notifies the owner that the intended ment ride machines in excess of ten dollars($10.00). location is not properly licensed if a license is required, is in violation of zoning, health, fire or (b) Music machines; television. The fee required other codes,or is otherwise unlawfully existing or for licenses for music machines shall be twenty- operated, then the owner shall not move any ma- �ve dollars ($25.00) per machine; and for coin- chines to that location until the inspector advises operated television units shall be sixteen dollars that the illegality has been removed. ($16.00) per location regardless of the number of (Code 1956, § 412.03; Ord. No. 17134, 5-10-84) machines per location. (c) Other deuices. The fee required for licenses - for all other coin-operated mechanical amusement � ../' Supp.No.7 — 2038 _ ,' ��, �� 1� �;�k_ LICENSES $ 409.08 � r�.r`3i.:. .A. ��`t,� j�� Sec. 409.08. R.egulations generally. All licensees hereunder are hereby required to observe the following regulations; provided,hoW- �IT1' OF St. PAUt YS THO�qAS ever that any such regulation which specifically �ERPRIS�S INC. d� B�OWId refers to an on-sale licensee shall not bind an ��Y t�ll� off-sale licensee, nor shall any regulation which HEARZNG DATE APRIL 16, i99Q spec�cally refers to an off-sale licensee bind an EZ�Y'S EXH�BIT � 2A on-sale licensee: (1) All sales shall be made in full view of the public. �;�.. ��':°r-�. �v.. r:� ��fFt t� Supp.No.9 x� 2178.1 � - ' _ ' ' ., ., :�.;.. , ., j_� . . ' , . .. '�: , . , . � � �to � �� ,,�`• �;,; LICENSES §409.08 �� a� (2) A "minor," as used herein, is any person waiters or waitresses at a restaurant,hotel under the age of twenty-one(21)years. or motel where only wine is sold; provided, a. No licezLSee,or agent or employee thereof, that the person under the age of eighteen shall serve or dis-pense upon the licensed (18)may not serve or sell any wine. premises any intoxicating liquor to any (5) Every licensee is hereby made responsible minor; nor shall such licensee, agent for the conduct of his place,of business and or employee permit any minor to be required to maintain order and sobriety in furnished with or to consume any such such place of business. liquor on the licensed premises; nor shall such licensee, agent or employee (6) No licensee shall keep, possess or operate, permit any minor to be delivered any or permit the keeping, possession ox apera- such liquor. tion of, on any licensed premises or in any b. No minor shall misrepresent his or her room adjoining the licensed premises an� age for the purpose of obtaining intox- slot machine, dice or any gambling device icating liquor nor shall he or she enter or apparatus, nor permit any gambiing any premises licensed for the retail sale therein(whether or not licensed by the state), of intoxicating liquor for the purpose nor permit the licensed premises or any of purchasing or having served or de- room in the same or in any adjoining build- livered to him or her for consumption ing directly or indirecily under his controi of any such intoxicating liquor or beer to be used as a resort for prostitutes or nor shall any such person purchase, other disorderly persons, except that pull- attempt to purchase,consume,or have tabs and tip-boards may be sold on licensed another person purchase for him or her premises when such activity is licensed by - any intoxicating liquor or beer. the state pursuant to Minnesota Statutes, c. No minor shall induce any person to Chapter 349, and conducted pursuant to purchase, procure or obtain intoxicat- , regulations contained in this Legislative ing liquor for him or her. Code. This exception shall not apply to es- d. Proof of age for purposes of consuming, tablishments licensed by the city for the purchasing or possessing an alcoholic sale of nonintoxicating malt beverages,non- beverage,the consumption, sale or pos- intoxicating malt beverages and wine, and session of which is regulated by age,, nonintoxicating malt beverages and wine may only be established by a valid as menu items only. driver's license or a Minnesota Identi-, Notwithstanding other provisions of this fication Card issued pursuant to Min- Legislative Code to the contrary, the coun- nesota Statutes, Section 171.07, or, in cil may permit an on-sale licensee to per- the case of a foreign national, by a mit the holding of a single event, such as a valid passport. banquet, that includes the sale of raffle (3) No sale shall be made in any place or in tickets as a part of the event activity; pro- part of a building where such sales are vided, that such events are separate from prohibited by state law or this chapter. the public areas of the licensed establish- ment, nor open to the general public, and (4) No person under eighteen(18)years of age the raffle conducted by a charitable orga- may be employed in a place where intoxi- nization licensed by the State of Minnesota. cating liquor is sold for consumption on the (�) No dancing wherein the public participai.es, premises,except persons under eighteen(181 and no dancing, singing or other vaudevillc years of age may be employed as musicians exhibitions or entertainment shall be per- or in bussing or washing dishes in a res- mitted on the premises of any on-sale li- �;�.r:.; taurant or hotel th�t is licensed to sell in- ��]�such premises are duly licensed .�:��; toxicating liquor and may be employed as for entertainment. ��, �_;; �'''�,�,'" Supp.No.8 2179 � � ��/a�'3 §409.08 LEGISLATIVE CODE �;� �Z .�..r�j� (8) The license issued to said licensee shall be tional oi�street parking shall be required posted in a conspicuous place in that por- if the number of additional spaces re- tion of the premises for which the license quired is five(5)or fewer spaces. has been issued. c. Expansion of licensed area, off-strcet (9) No person shall remain in or loiter in the parking at the same rate as transfer or parking lot of an on-sale licensee after the new issuance to an existing structure lawful closing hour. not previously licensed for on-sale pur- poses, plus twenty-five (25) percent of (10) When a licensee is notified by the police any parking shortfall for the existing department that a parade will be held within licensed area. "Parking shortfall" shall one block of.the licensee's establishment, mean the difference between one space all beer and all intoxicating Iiquor or liq- for each forty-five (45) square feet of uid of any type sold during the entire day patron floor area for the existing licensed of said parade shall be sold only in plastic area minus the number of parking spaces or paper containers. In addition, upon re- actually provided for that area. ceiving such.notice,the licensee shall place d. "patron area" shall mean to include a person at each entrance and each exit of all areas used by the public, and ex- the establishment at least one hour prior � cludes all areas used exclusively by em- to the time oP parade, and the licensee shall ployees for work,storage or ofiice space. require a person to remain at those loca- e. Modification of parking requirements: tions until one hour after the parade, to 1. 1'he council may modify the off- ensure that patrons do not enter or exit street parking requirements con- with beer or intoxicating liquor. tained in this section upon appli- "� �# .. � �. _r cation made for that purpose and ��n (11) There shall be provided in all zoning dis- .�.,�,,_. upon findings made by the council ��-'�s tricts, other than B-4 or B-5 Districts, off- that granting of such modification street parking spaces for all on-sale prem- would not have a substantial det- ises as provided herein: rimental impact on the surround- a. Transfer or new issuance to a struc- ing neighborhood. Modification, if ture newly constructed for that purpose, granted, shall be by resolution off-street parking at the rate of one adopted by at least five (5) �r- space for each forty-five(45)square feet mative votes. of patron area. 2. The council shall consider the ap- b. Transfer or new issuance to an exist- plication at a public hearing fol- ing structure not previously licensed lowing mailed notice thereof to prop- for on-sale purposes during the twenty- erty owners within three hundred four (24) months preceding the appli- fifty (350) feet of the proposed li- cation, off-street parking at the rate of censed premises. The council may one space for each forty-five(45)square require,by resolution,the payment feet of licensed patron area minus the of an administrative processing fee number of off-street parking spaces for parking modi�cation applica- which would be required for Lhe previ- tions. Applications and fees shall ous use of the same area under the be made to the license inspector. existing zoning code provisions. �xist- 3. In granting any modification, the ing parking which previously served council may attach reasonable con- the same area shall not be counted to ditions regarding the location, de- meet the requirements unless any are sign, character and other features in excess of what would have been re- of the licensed structure and park- quired for the previous use. No addi- ing area deemed nec.essary for the ��'":�`_�: � Supp.No.8 �"_;�,.' 2180 � � �0 -/��3 �"� LICENSES § 409.09 � �r , �. :. _-�= �, .:�,..,.: vA,o✓�� `�c�C. protection of the adjacent neigh- to prevent persons from leaving the licensed borhood. premises with a bottle, can or glass con- 4. Off-street modifications shall remain taining any alcoholic beverage, and the fail- with licensed premises so long as ure to do so may subject such licensee to the characteristics of the licensed adverse action against his or her license. establishment remain unaltered. In the event parking problems arise, (17) No club shall sell any alcoholic beverage to the council may consider taking any person not a member or a bona �de adverse action pursuant to the pra �est of a member. cedures set forth in Chapter 310 of (Code 1956, § 308.23(1)—(10); Ord. No. 17015, this Code.Such adverse action may 4-28-83; Ord. No. 17043, 8-9-83; Ord. No. 17173, include requiring the licensee to 10-23-84; Ord. No. 17321, § 2, 12-31-85; Ord. No. do one or more of the following: 17368, § 1, 6-24-86; Ord. No. 17436, § 1, 2-24-87; (i) Provide more off-street parking; Ord.No. 17460, § 1,5-28-87;Ord.No. 17473, §§ 1, (ii) Produce the usable floor space; 2,7-7-87; Ord. No. 17657, §§ 8,2,6-8-89; Ord.No. (iii) Reduce patron capacity (seat- 17676, § 3, 8-24-89) ing or bar area). Sec. 409.09. Certain sexual conduct prohibited. (12) When an existing building is converted to The following acts or conduct on licensed prem- on-sale intoxicating liquor purposes, exist- ing off-street parking facilities which serve ises are unlawful and shall be punished as pro- the building shall be provided with a vi- vided by Section 1.05 of the Saint Paul Legisla- sual screen where the parking facility ad- tive Code: joins or abuts across an alley any residen- (1) To employ or use any person in the sale or !,`�✓:� ��.,;�� tial use or residential zoning district. The service of alcoholic beverages in or upon ��,.��y�� 7{�:.� screen shall be between four and one-half the licensed premises while such person is '" �� (41iz)and six and one-half(6'/z)feet in height unclothed or in such attire,costume or cloth- and of suff'icient density to visually sepa- ing as to expose to view any portion of the rate the parking facility from the adjacent female breast below the top of the areola or residential use district.The screen may con- of any portion of the pubic hair, anus, cleft sist of various fence materials,earth berms, of the buttocks,vulva or genitals. plant materials or a combination thereof. Access by patrons to the parking facility from an adjacent alley should generally be prohibited. (13) No person shall give, sell, procure or pur- chase intoxicating liquor to or for any per- son to whom the sale of intoxicating liquor is forbidden by law. (14) No person shall mix or prepare intoxicat- ing liquor for consumption, or consume it, in any public place not licensed in accord- ance with this Code and the State of Min- nesota. (15) No intoxicating liquor shall be sold or con- sumed on a public highway or in an auto- mobile. (16) Each on-sale licensee shall have the responsi- `.:�:''`�o'- blity of taking reasonable and adequate steps �� Supp.No.9 t�_ , ' 2180.1 € �� , �v` , �. # 340A.409 LIQUOR ACT �� ` (5) The commissioner shall render a decision within ten business days of tl receipt of the administrative law judge's report. � ,,,,, q� (6) If all parties to the proceeding agree,any of the previous requirements may t ; � �aived or modified. � ��' m A (7) A petition for a hearing to amend the rating plan received by the commissionc � within 180 days of the date of the commissioner's decision in a prior proceeding� � � amend the rating plan is invalid and requires no action. ` -� (i) A liquor vendor shall be denied or terminated from coverage through tt ` �� '� assigned risk plan if the liquor vendor disregards safety standards, laws, rules, c �w ordinances pertaining to the offer, sale, or other distribution of liquor. _ �, �a� The commissioner may by rule establish other conditions for denial or terminatio �q� from coverage through the assigned risk plan. � u.i �) The commissioner of commerce shall adopt rules needed to implement thi ��h subdivision. The rules may include: a� � (1) appeal procedures from actions of the assigned risk plan; � �w�� (2) formation of an advisory committee composed of insurers, vendors of n� management services and licensees,to advise the commissioner of commerce regar '" operation of the plan; and (3) applicable rating plans and rating standards. `'� Subd. 3a. Notification by insnrer of status of claim. Upon the request of �� ,, ;, insured, an insurer who is providing coverage required by subdivision 1 shall info i ' the insured of the status of any claims made under the policy. The information m include: (1) the employees of the insured that may be involved and the nature of involvement; `� (2) any amount the insurer is holding in reserve for payment of a claim or has . ' in the disposition of the claim;and ;, : (3) any amount paid in the defense of the claim. This subdivision does not require disclosure of otherwise nondiscoverable '�. mation to an adverse party in litigation. Subd. 4. Insnrance not reqaired. Subdivision 1 does not apply to licensees ;; by affidavit establish that: (1) they are on-sale nonintoxicating malt liquor licensees with sales of less $10,000 of nonintoxicating malt liquor for the preceding year, : (2) they are off-sale nonintoxicating malt liquor licensees with sales of less � ' $20,000 of nonintoxicating malt liquor for the preceding year; ' � ;; :�;f (3) they are holders of on-sale wine licenses with sales of less than$10,000 for �j,f for the preceding year;or - � � ; (4) they are holders of temporary wine licenses issued under law. � '! History: 1985 c 200 s 2;1985 c 30S art 6 s 9,• 1985 c 309 s 7-9,• 1Sp198S c 16; s 3 subd 1;ISp1986 c 3 art 1 s 38,•1987 c 107 s l;1987 c 152 art 1 s 1; 1988 c S � � - : � 340A.410 LICENSE RESTRICTIONS;GENERAL. - �� Subdivision 1. Coanties; town consent. A county may not issue a retail �.. � , to sell any alcoholic beverage within an organized town unless the governing , � the town has consented to the issuance of the license. � Subd. 2. Counties;recommendation and review of applicants. (1)No co� issue or renew a retail license to sell any alcoholic beverage until the county , r i i received a written recommendation from the sheriff and county attorneY s� a ; i to the best of their knowledge that the applicant is eligible to be licensed under r .�i 340A.402. A copy of the$tatements must be given to the town board if a towa'S ; ' is required issuance of the license under subdivision 3. �1 :=�, � �� (2) The county boazd shall consider the recommendations of the sti � f, - � � � � ;: � �y, f� . . '.: . / ,_r .,, ;ii . �; ��/� F LIQUOR ACT 340A.412 � r,,-....:� ��ty attorney, the character and reputation of the applicant, and the nature and # �aUon of the business prior to issuance of any license. _�:..Sub�, 3, License extension;death of licensee. In the case of the death of a retail uansee to sell alcoholic beverages,the personal representative is authorized to contin- `�operation of the business for not more than 90 days after the death of the licensee. ':X Subd. 4. License posting. A retail license to sell alcoholic beverages must be ,,,;, posted in a conspicuous place in the premises for which it is used. ++" ` Subd• 5•. Gambling prohibited. (a) No retail establishment licensed to sell t��.. j]eoholic beverages may keep, possess,or operate, or permit the keeping, possession, , ;"or`operation on the licensed premises of dice or any gambling device as defined in ; �`xction 349.30,.or permit gambling therein except as provided in this subdivision. . `-f, (b) Gambling equipment may be kept or operated and raf�les conducted on licensed ' pnmises and adjoining rooms when the use of the gambling equipment is authorized �^ ; uader chapter 349. '- Subd. 6. Racial discriminadon;clabs. No retail license to sell alcoholic beverages ;. may be issued or renewed by a municipality or county to a club which discriminates against members or applicants for membership or guests of inembers on the basis of ;i; , , I�� 4 t Subd. 7. License limited to space spc�ciSed. A retail license to sell any alcoholic beverage is only effective for the compact and contiguous space specified in the f �F� approved license application. �� a,r°,Subd. 8. Copy of summons. Every application for the issuance or renewal of ' intoucating or nonintoxicating liquor licenses must include a copy of each summons ;f received by the applicant under section 340A.802 during the preceding year. `:' Subd. 9. Coin-operated devices. Coin-operated amusement devices may not be made available in establishments licensed solely for the off-sale of intoxicating liquor ' or municipal stores which sell only at off-sale. An establishment holding a combination on-sale and off-sale license or a municipal liquor store which sells at on-sale and off-sale ' which makes coin-operated devices available shall keep such devices to the greatest � .'S� extent practicable in that area of the establishment where on-sales are made. .�: History: 1985 c 305 art 6 s 10; 1Sp1986 c 3 art 1 s 39; 1987 c 152 art 1 s 1; 1987 '` . �� c.381 s 4 �� ;�a � " 340A.411 LICENSE RESTRICTIONS; NONINTOXICATING MALT LIQUOR LICENSFS. Subdivision 1. On-sale licenses. On-sale nonintoxicating liquor licenses may only be issued to drugstores,restaurants,hotels,clubs,bowiing centers,and establishments � used exclusively for the sale of nonintoxicating malt liquor with the incidental sale of � tobacco and soft drinks. '� Subd. 2. License duration. All retail nonintoxicating malt liquor licenses must be issued for one year,except that for the purpose of coordinating the time of expiration ,=:� of licenses in general,licenses may be issued for a shorter time,in which case a pro rata '�` license fee must be charged. ;: History: 1985 c 305 art 6 s 11; 1987 c S s 3; 1987 c 152 art 1 s 1 f,, 340A.412 LICENSE RESTRICTIONS; INTOXICATING LIQUOR LICENSES. �k�;; Subdivision 1. Bond required. A local unit of government shall not grant a retail `� license to sell intoxicating liquor until the applicant has filed a bond with corporate surety, or cash, or United States govemment bonds in the amount of not less than . - $3,000 nor more than $5,000 for on-sale licenses, and not less than $1,900 nor more �` than $3,000 for off-sale licenses. A common carrier who applies for a license to sell � intoxicating liquor under section 340A.407, must file with the commissioner a bond with corporate surety,or cash,or government bonds in the sum of$1,000. A bond filed under this subdivision must be conditional on the licensee obeying all laws governing ;�. "��`�`.7.':��",f;��rn �.:s°�}a� .r„,j, .,�.f �� R�� ..T� ��,...- ,ak �:��Y .:4 - .';Ss '� ?'..�.e'` r ` ,��,'+�ss, r� '�.: yFT�< .Fr�''� y�� i"� :...T y v` `'cY �,7��`iI r xr e�'� i*..,�..f � �- � v� S? v ti � � ; ,,,r .. � - r �.�, �'��'� s��'��c+�'�, £ ��,d��_�yi� �a+ ''- r 1 - </ 'n -^r . > f ,� S^�,,� �Ea �- "'t�,�"��'�..i'�`�k��..js7�r'�+.�{-°'rG r�"� . ��1 k�L '�' ��.•�4�,�1'� � �._,y C .? E �.•. � ,.1:�1*" ,2 v::��x.�..�^'9. � yti.' „�.F�`�•�SZ_,ctJ...� ;y�i",t,�,#�5',�'�t� �r>,,,,s .�4 4 4T �f � z y� e H$�.. '¢� . �f°f�'_ _� �� . i . +, h '� .�4..• >b �. .�� 1 .� �"`� t�;y�„„w 4,St.s.s. �., y wS'�- r � .�� .:+ '� .>p '�,,, L '.� `�, � j t � _�.^. "�Y�,:.��,w ..Y..�--,-F"..zt � a- s -�F I' .: �' .4''�'�S.i„-"y' . ,. s _s✓ -�,i v.�y e. S+':-1.�.. '�`y�+y�,3"e� �:�`'L r� r� � : e � ' � _ -f'� '7 i^ - , :.3 y,:-;'"t�va.`"-.- 3�'Jry�y�i�� Y�K �� Y�..�, � � T, �f - � .. .. _ _ . .. . _ . - . �� .. , , . .. ... ,-. . , . . � Y q� � � �'.f.a.'v',.,.,..a� �-i'�`�`" $ �+��? r.ii�s `� . . ' � y�� 1��.r � � 3^wJ. 1 k �- f'., / � +tr +�� .��t f-q�a�Y� ,� � e y _ t"Y'� �«r r^� � - '� �.;Y, ��{:.~ t �r�4�.�{�L�' K n� -_?�n.-�Y",^'f�{'��i�it<Z F ��-Lt J�` i � 'i+ • /� "id.}f.�� G'�N'• F��+'�if1l 4yY�)J•r .� . .�. � � � � �"1� { £`��,�y��Y�.�! /_ �-.f-Y'� �+ Y��i'�� ia�F'% Lr afti.r'- 7'�` `C Ly.�!,�.�1: 5��`i�'�� '�g�'r'��'t^j^K�+ � ( � Z'�9h��'''('�l •c.��`-�G"",>��,y�a i'.�`�1 _ ''^_ .x�.y�.��' P� ��Y J�'.f s4' 1' 'S ��'��^�F =3 '�i: • �,��y�"�-��Y�c_`.��;��,,,.. �c :.r ; I / II / �i• '3�t `�4' �r�"'�i�;;:-c`�._'-�-r+p'a� p�'�`�..�-�' � 'f�': �"`Z . � �'�'��'�`-Sa✓�.�R�d�� J'i��s"�. �� 1 I ' _ � • • � � 5�. � �. l�.�S f`�e� q�,� � }'. ,�'`�+`�'. � x��-�r�'.t� ��*,:��'!i�- � � � _• '� • ��1 • • '� � . � x*„}�-��,`a��`'�i��-�v � -.`~., z. � . ` � a .ir'°-,�`�[-r>-S" �l`' }.'.-t,-_� _ � � ��• -� . � - � � ��• -� �' '� • � ��"..��' � L:., t �> "��;��>.�..t =�` � ''�''��^...�. -'� -� - 1 �. �- � �. - � �� a'�..E,� -v��. � a�ex�,y�`T� ��-��'.r'5��'`��°,�TJ,�i-µ•y,-�' � • •' '�" �• � � � • • �'�''gr .rr'�' +�-�'p�� ts..✓r-t'F � '= �1' 'fL l Y�s� y�'X��„+�.�`r-fj.. �. vv.K- 3'* a. �� ' �''�"� .��'��`�. -;s'`�'�f�v��% i � �i i i �i 'T.�F� ��.,y.E` '''s-+.�i;�w'��,�°i�rr�'3�"' �/:� S � -�' � ;�i i�� I �� ' 4� � _� �f . � �� .�yi �;t„'�1 y ��a'{ s:'..�/ x y S i'�. y b�.'.�#'�.�.rY��rY r'�-z �!"c-G�3 s.� f� . . �.,r ii �x £� y d`, � ,ti,`�c '�;�-- � • I � I � r'��.r�m�,��,y�- 'i'� .��-s,'r4-.''1� ` �:..:� yyY �„� .e.c r,ei,Ai ^a.^. Y�...,!*"'F .r. ;�`': r�' i��a��r - � ,,,. - r 1�.. �,-. / / // / ' �i i „$4,'¢ �v��q-S.1'Y'�ra .r yti%f ''a�' t i- - �. ��y�Y1°'f. 'L�t fs x `"` [.� 4 r h ��A-� S•'�- t� �"� �• 1 1 I I 1 ' 1 � ' . � '� � ' • � �,��s�'�°,� � '�.: j°'< 7? ' �� - � ��, • •�- � �- • � �• � � ��- . • r :L k � � - - �r�y"'�t�'M' �i x`z :y f � '� � � � • � �' �' '� • ' � 1 ky .��iK,92 ,. 4 3 �'_ ''_�': .si�- : . „k�j :.:.Y c -� .? � '. ." -.� . � �' _ � _ - � � � �'� •� � +i� �„y� '�:�� Y .3� F" 4 . r4p 4r 1:J Y;' � � '� � �•' ' � � •�" '• . � • � '� � '� f"'f �j,�'^� � .y 3" ti .`� � � '�� . 1 � .� � �• 1' • � -� � � '� � ' � _ � • � ��•� > - � �" 1 '� • • � "� � " 1 � '� � ' � • • � �" . � ' � � . - / / // � / � �ii t i'.` 1 - 1 •i 1 ' / I r _i , ' - �� ` � L _. ; £, _ � _ :. �� ' �- .� �•� � '! 4 r 1 N r � • �, ��'� � ',( - / � �/ � I�• t L I �y . , Y.. `i i�- � :: =i� a r"" " -5 � _ � � � � � � y,�e'r `�"F�a `'#�y, � f ~r ; I I I� I �:: -f' �-� �r.'�! �'`w+� t-�„ ,� ~° i cSx:. � s � ,fu Y v`' .l�i �y w�l� �,. .t' . (`t '� .r.�'A :'^, .F.3. .�. ,�Mh ��,I� y,�. ' �� ' " " � � �� ' � � �� t:a -� ,: >�,r.�. i�.T>�4�i��„''� ;a,fj�-�.��-��;� Y ..;�� `��' � :� ' �� •� � 1 - . � � '� 4�'`� �`^s,x, rsc�s,�k.,�.� i:�n '�`,� �' �� .�� • • • 1 1 "��;.�t f�'��` "�'�lry ``�SJ°x��. { 'r^��yy,,�,.�,,,}'L'�s�f r f z ,�p S�. `s�iq„ .,�� I I // / � �i i �T��L'^'p�L`�x fb�++ ''. s.✓'p`t3�j -�- �-. ��..,.�#�' t ,�r -n .,. � �,-� s. ',?„�{z«,=�„+ �'"�� 1+;�t � �:� �� i �c ..,& �,-. ';.�.h ._x ��4 �i`�r� ,- ' ,�s.k,. � +-�'t 7 �S,u�y '''F` }.,Y� i � � �� '�',',.�'�`,-�-��s-��`�� `'fr ;� . I • I • 1 �• ��, ��`w�� £:,�_,,4"�'+`� .,"-,. Y � � i �. � +�r x.,c�nys Z 4�d '� I / I I •i `��.,�°��A tM1 r�r-_.,�j„X ,.a.s � ,y�` s' �� 'v i S.`x �'L't+i., .�" ir` �^ �� .�t}��,,7� ��.�.�,�y y .e.�.`� - �� i � _ � �- � �z�`�-f."$x5!� d ] ��'� 4 t• `'��F"�{a;�,{�,�.T � �� {'. � � �. � _ � � �� • � •� � �- �_� -,3 .,w,.� �f^k'"i�,r � - �'� ''�-�?'�.,s,'�.z�y ya ,�, .�t�.rnx b � - � i . �. • � • �- � � • ,�``��"��y�.7f,".i�r;:f s�"��?�7� t�.� ,� � � - � � . � , �. . �- � • - • • � � • � � �v.'tM �+L'£.r7A'+Y�.'A` � rt, ' �S7i+}�F+j�,�_ ��;��'� �:� :�T� � � ' �. � _ � . �a '��.��:A��3 tr,em.�.�`y��4 _i�,+'�^�E 1 � ;, �$3-� }s��vt � ��• rt` n f Jf - Y 1� w � >ys,r� t .. 'h4�, 1,,. rr � ' _' � . • � • � � � ' � • ��,�-:5��"�tr�"'��'Yw 3. ��'i'Ni `�s.' �' • �-'�'�"�^^�'� ,z»xs �� j},i �3"'f � 'y�`' ,x� �..c ,�� .r ��.r � ': � � �- � �- • • � � � � s.� ��j�'�"a'i;S�' SY,~�",�r rx:�. r � • �- � � � � � r- � �- • � � ,�`�y � �4��,.v3�k��tC� .r x r'� .`-� - - -e�r�� };�.�o�i��`�.°��X�'Lx;; �"��--�' �� .. $, �?; � sF Y �`-" � `X � �Y l `�� .,,''y„'xx�"� t J y �'"• '� ` Y <_ �?g:s C f��4Yi'.� ,�.. £� * ;F . � � �`+'? ,-�-vi. �`9A ,:L ` ' - : •K �� 1 • w t�. �. '{�A�� .Y y( y'at j�l � H�K�F �,�` "�Cq� iL�l � af �r�Ct" 'Y=' '�' r +rs ^ �, Iqt� � .i f �SN) i:-�3 � ,y. ..� �. � '.'t .wa.,Y '�' �y. Y �"' ?�y�}�. �. �t -.,�W ,f_h"� �)�v` ^'_�'"� : +�{.:. . . . :,!c.' Ct f'�:4 r m-:� a rtf . �^;. '�'a�� r�,_.`. , c, r .�� r:+ ! ��,p;' ;,".t g: • • ��e�. Y -/�v � / ' /i `- / O D � � � �� c�°� �'+ � <� , � �?�" . :�. ,_._ � � ;�� s �; � �>� � r�r.� � ;d •;;;� ,. i�a:': � F��^°�° C� W�: .... a..1.7 �K . . t,'�?}. ��r+..t i�. p.+*;�f Q`�: Gt�."v' � �C�T=; � a`,�s�e �i.�.��: ��•� r� '��.f� � � �' F"` �. . . � ia,A� ' ' f � �� . �i�Q'^ Y �,`��'_- �1� ��' �', .-�' ♦ . 1 �� • Y I y� � . ^,R" ,,... � �'�; � �� ,:�;�� : - ,� � ` �� ` - . ' �;�;. �,;'�'"�` . _ ��r'�'� �,� ' � � .. • 4. �•v. .� `�.;y. �°t I .i _ . �,''.:: � '� /'.. , /`i s.s, �:. ,. � � .'"'� �1 A 1/ �` • � ,r"' �� . , �•- , � '`?S'� � �. F `� 't ,: � I . . , ,,,� r� j '; �^51 /• ' ' !,'�. , .':��. / � s� . •�� •. s• � � t ' ffi. ��. ��- t. ,S�'/ � � � / ,�1� +'�'`/ ! � t yl � ��, . t ..'a,V �r. '� 1 ,� ` -w..�.. `' e. �.w � , ,� �� E t:�'�c ti � . �� ►' ' , � t� . :� ,3�� _ . � ,�"�' "; ��, . � •�s �� ` .{��S�rJ. •�� f y:t' .f� � � ' � G` ��: �' � ;` � ��..�, , . i , / / �� ✓..! r_�:/� __ ✓' ._x � �� , � � � c:< t.: ��; ,.T. w+ �", � � .., � *�� t: � �� .� '�*n. �;:.�.�. .. "'�i'x.z.. � S+ �� ` . �, ..,-4 � ¢` `,,. •��',^,, .�f (A� �p'r�yy,.�j'iR� ..f�� ,. �•t k_{'j��{, N �- fPe •� •`. � i�» ^'��, � .�1= �;�'�r � +�; ';�"-. .� . � , F :P � eF.. ' ��`'�''. �' _�r,��:: Xi g�� .#+`.. ' .�;7��._ A. �.��9 � �'� � �. c �„ . .; �' � ��fi , �; • i i : ,. h' n,�'. �� 'I �.�� • �I r ._ , ;� 1� � ,�5.� � "� ;�: : f� \y� : _ �I' � �• F � �� 4 i'. , `y ,� / � ��t •. �.l :r,�'��"`✓ '� :,,. � � �- � �'i' .1 �• 4 ,qt�.•.. � 'i"=�. �c6 � + ' . , .� �: . ...�.� , b _ � • �� , a � . � � /. w � L ��rv�: $ !' ,Mr: , � t. x. / �� / ( �i `:p +� ,�'� ` � 's ,:` � �'� � . ,� � �i�, i��' }� � / '� , ~•, � F � 's�X�.:'� Y r 't< � _ \�� , , �. � .s �. _�K-.. .h' X . v:��,7�� . �"� . �y�a� '} F.. i' ;i. r�� .� � p4` `''f J..ff l • \, � ` , �. ✓ � � 'y�` �' fi. ' , .� Y' . � � rJ •y , �. �. . / ,,• , � �1. ��`i� , , � � � C"s s�. G: �.a r �� t.i`: �� r :Y+� � � � � ,� `I LiF f+ , ',�� . �'.' t � �� ..� �} i,;F- '`-=°'d s°"'r ':r - � �`� 'r.., i:' - � :t!�'�, t'. .j+w kKi'�'+' C.aud� �t..S r . _ � a � , �{5�0_ � _ ,..;: � �;. � ' �'�;,� r ri 4 C.TT,,+ �� •. CITY OF SAINT PAUL a a � ,i;�;;;n; ^o OFFICE OF THE CITY ATTORNEY • �••• W PEAK, CITY ATTORNEY ��Hall,Saint Paul,Minnesota 55102 612-298-5121 JAMES SCHEIBEL MAR 1 � 1990 FAX 612-298-5619 MAYOR March 13, 19 9 0 ��'�1J�S�'RATf Idl� HEAR�� Mr. Raymond D. Thomas, President NOTICE OFI�ARING Thomas Enterprises, Inc. d/b/a Brown Derby Lounge 567 Stryker Avenue St. Paul, MN 55107 RE: City of St. Paul vs Thomas Enterprises, Inc. , d/b/a Brown Derby Lounge Dear Mr. Thomas: This is to notify you that the hearing will be held concerning all the licenses held at the premises stated above at the following time, date and place: Date: April 11, 1990 Time: 9 a.m. Place: Room 1504A City Hall Annex 25 West Fourth Street St. Paul, MN 55102 The judge will be an Administrative Law Judge from the State of Minnesota Office of Administrati�e Hearings: Name: Jon L. Lunde State of Minnesota Office of Administrative Hearinqs Fifth Floor, Flour Exchange Buildinq 310 Fourth Avenue South Minneapolis, Minnesota 5541:, Telephone: 341-7645 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises, and for adverse action against such licenses, under Chapter 310, including sections 310. 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. . ....._ .,. .__ __ . . .... ,. �.,.. .... .. .K .. ._ . .. _., . _� ...._ �. ...., . .._.., y ...,.. . .. , , �.. ,.��:�,�.�. .._>.„._ .., _r:•„ .n- ..,. ,o- .... . ,a_��. ,._......,, .... . . �U ��o��c3 Mr. Thomas Page two March 13, 1990 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: on December 30, 1989, at about 9:40 p.m. , the bartender made payoffs to customers qamblinq on the video poker machines. On January 17, 1990, as a result of the execution of a search warrant, evidence of unlawful gamblinq activities was seized by police officers. 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 you choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted 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 present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses who have substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. 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. . ._,..,....... .... .�-r.�.-;?��_.�' -et.._ t.,._•�^.�r:.,'r-r-';�.:�..u":.,. ...;..�+;^^. . �..- , .. .., ""'SSS_s..:;? .. .,..,..,� .u ._ �,�r ... r. �;'.:.,,.. . .. ..,�.:�-??.. . r?.,.f�..:' _$.` ..; � ... .... �.�.: z.:� . . . �U�� s� Mr. Thomas Page three March 13 , 1990 If you fail to appear at the hearing, the allegations against you which have been stated earlier in this notice may be taken as true and your ability to challenge them forfeited. If non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, section 14.60, subdivision 2 . Very Truly Yours, . �- � PHILIP . BYRN Assistant City Attorney cc: Robert Kessler Acting License Inspector Albert B. Olson City Clerk Paige Purcell Office of Administrative Hearings Lt. Daryl Olson Vice Unit Ms. Darlene Schiller, C. O. _ West Side Citizens Organization ..��..._,�,..r...-..,.� ..'"_ "'-.-s...r-.r-..�r. ..r.*.-.x[ ...... .,';:�_��a„ .. :s:.':2.�....�..'^r-_:�s:^.?LSOB:, .tn,..r........�.........�T1.:.-.'9�.:n',�G',..5..:...:3J,,:F�.«.s� .�._..>_i.?"eKic,�.;'.,.. .-'•'n._��..�d�`.;�..,....an.�1:K:.