98-923Council File # - qa3
Presented By
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Green Sheet # ���
ll
Referred To Committee: Date
1
2 RESOLVED, that the licenses held by Bram Corporation, d/b/a Arcade Baz for the
3 premises at 932 Arcade Street, are hereby suspended effective upon passage and signature of this
4 resolution, until such tnne as the building in which the licensed business is operated has a valid
5 Certificate of Occupancy.
7 FURTHER RESOLVED, that the findings of fact and conclusions of law of the
8 Administrative Law Judge Report in this case, dated August 20, 1998, are expressly rarified and
9 adopted as the written findings and conclusions of the Council in this matter, and the
10 recommendation of the AT,J is hereby adopted.
11
12 This Resolution is based on the record of the proceedings before the ALJ, including the
13 hearing on July 10, 1998, the documents and e�ibits introduced therein, and the deliberations of
14 the Council in open session on September 23, 1998.
15
16 A copy of this Resolution, as adopted, sha11 be sent by first class mail to the
17 Adminisirative Law Judge and to Michael Feist.
Requested by Department of:
Adoption Certified by Cou cil Secretary
By:
Approved by Mayor: D e l.
By'
By:
Foxm Approved �y City Atto ey
$Y � ' '� _ \/ ✓ `�Y' "]r�✓1
Approved by Mayor for Submission to Council
By:
Adopted by Council: Date ����
Council Offices
Dan Bostrom, 266-8660
A4UST 8E ON COUNCIL AGENDA BY (OP.Tc7
October 14, 1998 Consent Agenda
9/29/98
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TOTAL # OF SIGNATURE PAGES
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(CLIP ALL LOCATIONS FOR SIGNATURE)
Concerning adverse action against licenses held by Bram Corporation, DBA Arcade Bar,
932 Arcade Street.
PIANNING CqMAA1SS10N
CIB COMMITTEE
CIVIL SERVICE CAMMISSION
RSONALSERVICE CON7RACi5 MUSTANSWER TNE FOLLOWIN6 QUES7ION5:
Has this perswJfrtn everxorked untle� a coMraU farthis department?
YES NO
Has Mis Pe��rm erer been a citY emPbYee?
YES NO
Does this Pa��rm P� a sititl ra[ normaOYW�� M' any arteM citY emPbY�
YES NO
IS this pefsoruhrtn a tergetetl ventloR
YES NO
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IFAPPROVED
AMOUNTOFTRANSACTION
COST/REVRlUE BUDfiETED (GRCLE ON�
VES NO
SOURCE ACTIVRYNUMBER
INFORMAiION (EXFWt�
OFFICE OF THE CITY ATTORNEY
Ciayton M. Robinsox, !a, Ciry Attorney
CITY OF SAINT PAUL
Norm Ca[eman, Mayor
August 28, 1998
Mr. Michaei Fiest
Arcade Bar
932 Arcade Street
Saint Paul, Minnesota 55106
au� � � 3��a
Re: Licenses held by Bram Corporation d/b/a Arcade Baz for the premises located at 932
Arcade St. in St. Paul
Our File Number: G98-0206
Deaz Mr. Fiest:
Please take notice that a hearing on the report of the Administrative Law Judge concerning the
above-mentioned license has been scheduled for 5:30 p.m., Wednesday, September 23,1998,
in the City Council Chambers, T'hird Fioor, Saint Paul City Hall and Ramsey County
Courthouse.
You have the opportunity to file excepfions 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 testnnony taken at this hearing. The Council wiil
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 judgement and discretion.
Sincerely,
` f ��
��
Virginia . Palmer
Assistant City Attorney
cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall
Robert Kessler, Director, LIEP
Christine Rozek, LIEP
Civil Division
�f'g��
d00CiryHall Telephone:651266-8710
ISWestRelloggBlvd Faaimile:657198-5679
Saint P¢u� �nnesot¢ 55702
NOTICE OF COUA'CIL HEARING Gp� ��;�;.:.�: :_-�:;�gf
Bruce Sylvester, Community Organizer, Payne Phalen Dist. 5 Plazuiiug Council, 1014
Payne Ave., St. Paul, MN 55101
���g�
8-2111-11759-3
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE CITY OF SAINT PAUL
In the Matter of the Licenses held by
Bram Corporation, d/b/a Arcade Bar
FINDINGS OF FACT.
CONCLUSIONS AND
RECOMMENDATION
The above-entitled matter came for hearing before Administrative Law
Judge Jon L. Lunde commencing af 9:30 a.m. on Friday, July 10, 1998, in room
41 of the City Hall-Courthouse in St. Paul, Minnesota. The hearing was held
pursuant to a Notice of Hearing dated June 10, 1998. The record closed on
Augusf 17, 1998, when the City filed its proposed Findings of Fact, Conclusions,
and Recommendation.
Virginia D. Pa{mer, Assistant City Attorney, Civil Division, 400 City Hall, 15
West Keliogg Boulevard, St. Paui, Minnesota 55102, appeared on behalf of the
Office of License, Inspections, and Environmental Protection (LIEP). Michael
Fiest, the president and sole owner of the Bram Corporation, 932 Arcade Street,
St. Paul, Minnesota 55106, appeared on behalf ofi himseff and his corporation.
NOTICE
This Report contains a recommendation and not a final decision. The St.
Paul City Councii will make the finai decision after reviewing the record and may
adopt, reject or modify the Findings of Fact, Conclusions and Recommendation
contained herein. Pursuant to the St. Paul Legislative Code, Section 310.05(c-
1), the City Councii's final decision shall not be made until this Report has been
made available to the parties to the proceeding and they have been provided an
opportunity to present oral or written arguments alleging error on the part of the
Administrafive Law Judge in the application of the law or the interpretation of the
facts, and an opportunity to present argument relating to any recommended
adverse action. The applicant and any interested parties should contact the St.
Paul Cify Council, 310 City Hall, St Paul, Minnesota 55102 to ascertain the
procedure for presenting argument to the Council.
STATEMENT OF ISSUE
Section 310.06(b)(3) of the St. Paul Legislative Code permits adverse
action against any license or permits held by a(icensee if the licensed premises
"do not comply with applicabfe health, housing, fire, zoning and building codes
Kt
and regulations." The Certificate of occupancy for the premises at 932 Arcade
Street has been revoked and the deadline for challenging the revocation has
expired. Due to the revocation of the Licensee's certificate of occupancy, must
all licenses and permits of the Licensee be revoked?
Based upon ali of the proceedings herein, the Administrative Law Judge
makes the following:
FINDINGS OF FACT
1. Bram Corporation, d/b/a Arcade Bar, holds Liquor On-Sale Sunday,
Liquor On-Sale-C, Restaurant (C), Entertainment Class A, Cigarette and
Gambling licenses for the premises at 932 Arcade Street, St. Paul, Minnesota.
Ex. 4.
2. Michael Fiest is the president of Bram Corporatic�, and the property
owner at 932 Arcade Street, St. Pauf, Minnesota.
3. The buiiding at 932 Arcade Street consists of several apartments as
weli as the bar. The certificate of occupancy is issued for the entire buiiding.
4. By letter dated December 4, 1997, Mr. Fiest was notified that the
certificate of occupancy for 932 Arcade Street was revoked. The letter set a
date, January 7, 1998, for a reinspection of the property, and informed Fiest of
the building code violations which needed to be corrected before a certificate of
occupancy couid be reissued. Ex. 1.
5. By letter dated January 9, 1998, Fiest was informed that the
necessary requirements had not been met for renewal of the certificate of
occupancy. A new reinspection date and time was set for February 1 Q, 1998,
and a list of the necessary corrections was again provided. Ex. 2.
6. At the reinspection on February 11, 1998, the corrections needed to
obtain the certificate of occupancy had not been completed, and on February 12,
1998, a citation was issued to Fiest for occupying a building without a certificate
of occupancy. Ex. 3.
7. By letter dated May 12, 1998, Fiest was notified that the Office of
License, Inspections and Environmental Protection woutd be seeking adverse
action against all licenses held by Bram Corporation, d/b/a Arcade Bar, because
the building in which the business is {ocated did not have a valid ce�tificate of
occupancy. Ex.5. �
8. The Licensee submitted a timely request for hearing, and this
proceeding commenced. Ex. 6.
9. As of the date of the hearing, no certificate of occupancy had been
issued for the buitding and some of the necessary corrections stii{ remained
undone.
2
0��_9�
10. The Office of License, Inspections and Environmental Protection
recommended ihat all licenses held by Bram Corporation, d/b/a Arcade Bar, be
suspended until such time as a certificate of occupancy is renewed for the
building.
11. The Licensee admitted that his certificate of occupancy was
revoked and stipulafed that ifs licenses and permifs should be suspended until ail
necessary work on the premises is completed and a cerfificate of occupancy
obtained.
Based upon the foregoing Findings of Fact, the Administrative Law Judge
makes the foilowing:
CONCLUSIONS
1. The St. Paul City Council and the Administrative Law Judge have
jurisdiction in this matter pursuant to Minn. Stat. § 14.55 and the St. Paul
Legislative Code §§ 310.05 and 310.06.
2. The Notice of Hearing issued by the City was proper and all
applicable substantive and procedural requirements have been fuffilied.
3. The City bears the burden in this matter of proving by a
preponderance of the evidence that adverse action is warranfed with respect to
the licenses held by Bram Corporation, d/b/a Arcade Bar.
4. Section 310.06(b)(3) of the St. Paul legislative Code permits adverse
action to be taken against any license or permits held by the licensee if the
licensed premises "do not comply with applicable health, housing, fire, zoning,
and building codes and regulafions.°
5. The City has established by a preponderance of the evidence that
the building at 932 Arcade Street does not comply with health, housing, fire,
zoning and building codes and regulations, as evidenced by the letters sent to
the licensee/building owner detai(ing the corrections that needed to be made, and
the revocation of the certificate of occupancy, and that Licensee was aware of
the revocation of the certificate of occupancy.
Based upon the foregoing Conclusions, the Administrative Law Judge
makes the following:
RECOMMENDA710N
IT IS HEREBY RECOMMENDED: That the St. Paul City Council take
adverse action against the ficenses hefd by Bram Corporation, d/b(a Arcade Bar
3
, ..
q��qa�
by suspending said licenses until such time as a certificate of occupancy has
been issued for the building at 932 Arcade Streef.
Dated this 20th day o4August, 1998
_�o>. � Z w-...�
ON L. LUNDE
Administrative Law Judge
NOTICE
The City is respectfully requested to provide a copy of its {nal decision to
fhe Administrative Law Judge by first class mail.
Reporfed: Tape recorded, one tape.
Not transcribed.
0
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEA1tINGS
100 Washington Square, Suite 1700
100 Washington Avenue South
Minneapolis, Minnesota 55401-2138
August20,1998
�ECEiVEL'
��� 2 � 1998
Fred Owusu
City Clerk
170 City Hall
15 W. Kellogg Blvd.
St. Paul, Minnesota 55102
CI7Y CLEftK
RE: In the Matter of the Licenses held by Bram Corporation, d/b/a
Arcade Bar; OAH Docket No. 8-2111-11759-3.
Dear Mr. Owusu:
Enclosed and served upon you is the Findings of Fact, Conclusions and
Recommendation of the Administrative Law Judge in the above-entitled matter.
Also enclosed is the official record. The tape recording of the hearing wifl be sent
to you under separate cover. We are now closing our file.
Yours very truly,
JLL:Ic
Enclosure
cc: Virginia D. Palmer
Michael Fiest
� rfc.
� �. ��
N L. LUNDE
Administrative Law Judge
Telephone:612/341-7645
Providing Impartial Hearings for Government and Citizens
An Equal Opport Employer
Administretive Law Section & Administrative Services (612) 34'I-7600 � TDD No. (612) 341-7346 s Fax No. (612) 349-2665
STATE OF MINNESOTA)
) ss
COUNTY OF HENNEPIN)
AFFIDAVIT OF SERVICE BY U.S. MAIL
Louise C. Cooper, being first duly sworn, hereby deposes and says that
on the 20 dav of August, 1998, at the City of Minneapolis, county and state
aforementioned, she served the attached FINDINGS OF FACT, CONCLUSIONS
AND RECOMMENDATION: OAH Docket No. 8-2111-11759-3 by depositing in
the United States mail at said City of Minneapolis, a true and correct copy
thereof, properly enveloped, with first class postage prepaid and addressed to
the individuals named herein.
Fred Owusu
City Clerk
170 City Hail
15 W. Kellogg Blvd.
St. Paul, MN 55102
Virginia D. Palmer
Assistant City Attorney
Civil Division
400 city Hall
15 West Kellogg Blvd.
St. Paul. MN 55102
Michael Fiest
Bram Corporation
932 Arcade St.
St. Paul, MN 55106
p�..�,�,�.�.. C , ��
Louise C. Cooper
Subscribed and sworn to before me
this 20th day of August 1998.
Q �
Notary Public
� n �,,�.., __ , .,.�,'. LAVONREC3AN
�t,-� � , y ', NOTARYPUBUC—MINNESOTA
� nnyc`�mm E�,,,;�� �� .._�,.s` iiENNEPiNWUNTY
i 4
• � � • � � � , ��My Comm. Expitee Jen. 91. Z000
�
8-2111-91759-3
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE CITY OF SAINT PAUL
In the Matter of the Licenses held by
Bram Corporation, d/b/a Arcade Bar
FINDINGS OF FACT.
CONCLUSIONS AND
The above-entitled matter came for hearing before Administrative Law
Judge Jon L. Lunde commencing at 9:30 a.m. on Friday, July 10, 1998, in room
41 of the City Hall-Courthouse in St. Paul, Minnesota. The hearing was held
pursuant to a Notice of Hearing dated June 10, 1998. The record closed on
August 17, 1998, when the City filed its proposed Findings of Fact, Conclusions,
and Recommendation.
Virginia D. Palmer, Assistant City Attorney, Civil Division, 400 City Hall, 15
West Keilogg Boulevard, St. Paul, Minnesota 55102, appeared on behalf of the
O�ce of License, Inspections, and Environmental Protection (LIEP). Michael
Fiest, the president and sole owner of the Bram Corporation, 932 Arcade Street,
St. Paul, Minnesota 55106, appeared on behalf of himself and his corporation.
NOTICE
This Report contains a recommendation and not a final decision. The St.
Paul City Councii will make the final decision after reviewing the record and may
adopt, reject or modify the Findings of Fact, Conclusions and Recommendation
contained herein. Pursuant to the St. Paul Legislative Code, Section 310.05(c-
1), the City Council's final decision shall not be made until this Report has been
made available to the parties to the proceeding and they have been provided an
opportunify to present oral or written arguments alleging error on the part of fhe
Administrative Law Judge in the application of the law or the interpretation of the
facts, and an opportunity to present argument relating to any recommended
adverse action. The applicant and any interested parties should contact the St.
Paul City Council, 310 City Hall, St. Paul, Minnesota 55102 to ascertain the
procedure for presenting argument to the Council.
STATEMENT OF ISSUE
Section 310.06(b)(3) of the St. Paul Legislative Code permits adverse
action against any license or permits held by a licensee if the licensed premises
"do not comply with applicable health, housing, fire, zoning and building codes
�
and regulations." The Certificate of occupancy for the premises at 932 Arcade
Street has been revoked and the deadiine for challenging the revocation has
expired. Due to the revocation of the Licensee's certificate of occupancy, must
all licenses and permits of the Licensee be revoked?
Based upon all of the proceedings herein, the Administrative Law Judge
makes the following:
FINDINGS OF FACT
1. Bram Corporation, d/b/a Arcade Bar, holds Liquor On-Sale Sunday,
Liquor On-Sale-C, Restaurant (C), Entertainment Class A, Cigarette and
Gambling licenses for the premises at 932 Arcade Street, St. Paul, Minnesota.
Ex. 4.
2. Michael Fiest is the president of Bram Corporation, and the property
owner at 932 Arcade Street, St. Paul, Minnesota.
3. The building at 932 Arcade Street consists of several apartments as
we(I as the bar. The certificate of occupancy is issued for fhe entire bui(ding.
4. By letter dated December 4, 1997, Mr. Fiest was notified that the
certificate of occupancy for 932 Arcade Street was revoked. The letter set a
date, January 7, 1998, for a reinspection of the property, and informed Fiest of
the building code violations which needed to be corrected before a certificate of
occupancy could be reissued. Ex. 1.
5. By letter dated January 9, 1998, Fiest was informed that the
necessary requirements had not been met for renewal of the certificate of
occupancy. A new reinspection date and time was set for February 10, 1998,
and a list of the necessary corrections was again provided. Ex. 2.
6. At the reinspection on February 11, 1998, the corrections needed to
obtain the certificate of occupancy had not been completed, and on February 12,
1998, a citation was issued to Fiest for occupying a building without a certificate
of occupancy. Ex. 3.
7. By letter dated May 12, 1998, Fiest was notified that the Office of
License, Inspections and Environmental Protection wouid be seeking adverse
action against all licenses held by Bram Corporation, d/b/a Arcade Bar, because
the building in which the business is located did not have a valid certificate of
occupancy. Ex.5.
8. The Licensee submitted a timely request for hearing, and this
proceeding commenced. Ex. 6.
9. As of the date of the hearing, no certificate of occupancy had been
issued for the building and some of the necessary corrections stiil remained
undone.
2
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OFFICE OF TfIE CITY ATTORNEY
Clayton M Robinson, Jc, City Anomey
CITY OF SAINT PAUL
Norm Coleman, Mayor
— � (✓ ` � zt - ! ,� Civil Division
� 400 Ciry Hall
Q4�� t� p 0};5� ISWestKelloggBlvd
�,� n�:' •' �amtPaul,�rmesota55702
Te7ephone: 651266-8710
Facsimile: 65l 298-5619
August 13, 1998
The Honorable Jon Lunde
� . ' . J �L� J�SV� , `
Admiaustrative Law Judge
Office of Administrative Hearing
100 Washington Square, Suite 1700
Minneapolis, MN 55401
RE: In Re the Licenses held by Bram Corparation d/b/a Arcade Bar
Deaz Judge Lunde:
Enclosed please find proposed Findings of Fact, Conclusions and Recommendation in the above-
entitled matter. I have not provided a copy to the Licensee, but will do so if you wish.
Sincerely, ^
� % )
�-0-��
Virgini�
Assistant City Attorney
STATE OF MINNESOTA
OFFICE OF ADMINISTRATTVE HEARINGS
FOR TF� CITY OF SA1NT PAUL
In the Matter of the Licenses
held by Bram Corporation
d/b/a Arcade Bar
FINDINGS OF FACT,
CONCLUSIONS, AND
RECOMI��NDATION
The above-enfitled matter came on for hearing before Administrative Law Judge 7on
Lunde on July 10, 1998, in Room 41 of the City Hall-Courthouse, Saint Paul, Minnesota.
Virginia D. Palmer, Assistant City Attorney, 400 City Ha11, Saint Paul Minnesota, 55102
appeazed for the Office of License, Inspections and Environmental Protecfion. Michael Fiest,
President of Bram Coiporation, 932 Arcade Street, appeared on his own behalf. At the time of
the hearing, parties stipulated to the fact that the certificate of occupancy was revoked.
This Report is submitted to the Saint Paul City Council pursuant to Saint Paul Legislafive
Code §310.05 (o-l). This Report is a recommendation, not a final decision. The Saint Paul City
council will make the final decision after a review of the recard, The Council may adopt, reject
or modify the Findings of Fact, Conclusions and Recommendations contained herein.
STATEMENT OF THE ISSUE
The issue to be determined in this proceeding is whether the licenses held by Bram
Corporation, d/b/a Arcade Bar, should be suspended due to the revocation of the certificate of
occupancy for the building in which the licensed premises aze located.
FINDINGS OF FACT
1. Bram Corporation, d/b/a Arcade Bar, holds Liq_uor On-Sale Sunday, Liquor On-Sale -
C, Restaurant (C), Entertainment Class A, Cigarette and Gambling licenses for the premises 932
Arcade Street, Saint Paul, Minnesota. Exh. 4
2. Michael Fiest is the President of Bram Corporation, and the property owner at 932
Arcade Street, Saint Paul, Minnesota.
3. The building at 932 Arcade Street consists of several apartments as well as the baz.
The certificate of occupancy is issued for the entire building.
4. By letter dated December 4, 1997, Mr. Fiest was notified that the Certificate of
Occupancy for 932 Arcade Street was revoked. The letter set a date, 7anuary 7, 1998, for a
reinspection of the property, and informed Fiest of the building code violations which needed to
be corrected before a Certificate of Occupancy could be reissued. Each. 1
5. By letter dated January 9, 1998, Fiest was informed that the necessary requirements
had not been met for renewal of the Certificate of Occupancy. A new reinspection date and time
was set for Februazy 10, 1998, and a list of the necessary corrections was again provided. E�. 2
6. At the reinspection on Febniary 11,199$, the corrections needed to obtain the
Certificate of Occupancy had not been completed, and on Febniary 12, 1998, a citation was
issued to Fiest for occupying a building without a certificate of occupancy. E�3
7. By letter dated May 12, 1998, Fiest was notified that the Office of License,
Inspecfions and Environmental Protection would be seeking adverse action against all licenses
held by Bram Corporation, d!b/a Arcade Bar, because the building in which the business is
located did not have a valid Certificate of Occupancy. E�.S
8. The Licensee submitted a timely request for hearing, and this proceeding commenced.
Exh.6
9. As of the date of the hearing, no Certificate of Occupancy had been issued for the
building and some of the necessary corrections stiil remained undone.
10. The Office of License, Inspecrions and Environmental Pzotection recommended that
alllicenses held by Bram Corporarion, d/b/a Arcade Baz, be suspended unfil such fime as a
Certificate of Occupancy is renewed for the building.
CONCLU5IONS
i. The Saint Paul City council and the Administrative Law Judge have jurisdiction in this
matter pursuant to Minn. Stat. § 14.55 and Saint Paul Legislative Code §§310.05 and 310.06.
2. The Notice of Hearing issued by the City was proper and all applicable substantive
and procedural due procedural due process requirements have been fulfilled.
3. The City bears the burden in this matter of proving by a preponderance of the evidence
that adverse acfion is wananted with respect to the licenses held by Bram Corporation, d/b/a
Arcade Baz.
4. Section 310.06(b)(3) of the Saint Paul Legislative Code pernuts adverse action to be
taken against any license or permits held by the licensee if the licensed premises "do not comply
with applicable health, housing, fire, zoning, and building codes and regulations."
5. The City has established by a preponderance of the evidence that the building at 932
Arcade Street does not comply with health, housing, fire, zoning and building codes and
regulations as evidenced by the letters sent to the licensee/building owner detailing the
corrections that needed to be made, and the revoca6on of the certificate of occupancy, and that
Licensee was awaze of the revocarion of the certificate of occupancy.
Based upon the foregoing Conclusions, the Adiniuistrative Law Judge makes the
following:
RECOIvIMENDA'I'ION
IT IS HEREBY RESPECTFiJLLY RECOIvIIvIENDED: That the Saint Paul City Council
take adverse action against the licenses held by Bram Corporation, d/b/a Arcade Baz by
suspending said licenses until such time as a Certificate of Occupancy has been issued for the
building at 932 Arcade Street.
Dated this day of August, 1998.
JON LUNDE
Administrative Law Judge
NOTICE
The City is respectfully requested to provide a copy of its final decision to the
Administrative Law Judge by first class mail.
Reported: Tape recorded (not transcribed).
6.
%
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE COUNCIL OF
1'FIE CITY OF SAINT PAUL
In Re the Licenses held by
Bram Corporation d/b/a Arcade Baz
932 Arcade Street
CITY'S PROPOSED
EXHIBITS
July 10, 1998
TO: Judge Jon Lunde, Administrative Law Judge, Office of Administrative Hearings, 100
Washington Square, Suite 1700, Minneapolis, Minnesota 55401
The following cons6tutes a list of the City's proposed e�ibits for the Administrative Hearing
on July 10, 1998.
Exhibit No.
E�. No. 1
E�. No. 2
E�. No. 3
E�. No. 4
E�. No. 5
E�. No. 6
E�. No. 7
Description
Inspection Checklist #1 dated December 4, 1997 (8 pp.);
Inspecfion Checklist #2 dated January 9, 1998 (7 pp.);
Violation Information form dated Febniary 12, 1998, with attached citation
and license information (3 pp.);
Licensing information (1 p.);
Notice of Violation dated May 12, 1998, with Affidavit of Service
� PP•);
Licensee's letter requesting administrative hearing, mailed May 26, 1998
� P•);
Notice of Hearing dated June 10, 1998, with �davit of Service (4 pp.).
Also attached please find courtesy copies of applicable St. Paul Ciry ordinances:
St. Paul Legislative Code § 310.05
St. Paul Legislative Code § 310.06
Respectfully submitted this l Oth day of July, 1998.
( ���,P `
Virgini . Palmer
Assistant City Attorney
Office of The City Attorney
400 City Hall
15 West Kellogg Boulevard
Saint Paul, Minnesota 55102
(612)266-8710
1UL-67-95 05:36 pM ST.PAUL FIRE DEPT.
612 2?8 6255 P.08
pEAAkTMS�T OF fiRE aND 5AFETY SERVICES
7imorhy X. futtrr, Firr ChieJ
D1Y:SION Qfi FIRb PREYENTION
Sterers Zactard, Ftrc Nnrshn!
C1TY aF SAIN'I` PAUL
Nom: ('�lr»mn. Mtttv�r
AECEMBER 4, 3997
1 P!J East 6teventh S1rKf Tr7ryrhnne.• b12-228�623a
Saia! °nu�, i4NS5IQt Fc[Simflt: 612-228-6241
PtEASE �OT��PP4SI�IENT QAT£A�D 1`Ih�E
4-�--`��' ��.�:
P�ase meet ihB !A&p�t e! tie proQe� amJ Grlrtg k6ys
ior a�ce� to s9 BtsaE. � 7ot! wi5h 10 te•schedt�e th�
�s2�n�cn�ssr aPpaintmeMc�I?�i� batwe�7:38and9�D4a.m,
SAIAI'f PAI7L MN 55105
RE: Cextificate of (�ccupaz�cy Revocatian
93? ARCAAE ST ARCADE BAR No. oi Uniis: 4
f3ear Prnperry Representative:
Your builaing was ins�ted on DECEMBER 2. 1997, for 1he renewa[ of the Cen[ficate af
Qecupaney. inasmuch sa y�u have failed Fa compty with the appiicablc rcquiremcnts in a
reasonable amount of time Without a{�scat, i� has became necessan,' to revoke the Certificate oi
Decupsney fOr tha atove•eaptioned loeation in accordaner with ScCtiai 33.05 of tha Saint Paal
Legislntive Cade.
T1�S5 LE'1TER S�.RVES AS OFFIClA1. NOT3CE OF• RBVOCATi(7IZ.
Scciion 39.�5, SuSdivision S of thc Saint Paul Legisla4ive Gade turiher provides that � Duilding
shalt Lc Occupied with0ut a Ce1'uCuate oT Occupaacy. Feilurc io vatatc the bui{dtng ar ewnply
nit1� the attadsed Corredians List t�}�.1AN[SAitY 4 T998, mzy resutt in a crtcninal citatinn.
Correetionc requiring cons��etion, efectrical, plum6ing, hcatin�, sprinkEer or ges piping wpr3:
mus[ 6e dane undex pernyit and wilh 17ie approW� aS llse Auiiding In�ec�ian and D+,�ign Aiv'ssitin,
35fl 5t. Pctcr Ste�et, 3nite 310, 5aint Paul, M��+�sots 35tOZ (�66-9U90).
If you havc any qucstions. }'olt may cantaet rne xt 228-6203.
Sinc�el�� ���
SRENT RICKGTSQN
Inspactor
CpRS-6
� e e icenses e Sy�ram orpora o�
— d!b/a Arcade Bar —
City's Exh. # 1
JUL-07-98 99:3� RM ST_PAUL FIRE DEPT. 612 228 6255 P.99
Pript Da(e: Ip(26l91{3)
n DaEC to be reinsp�ted: IOt30f47
�irrsr�cxrorr +c�cxz,rsx
CF41cEy; Id6�7 DATA CFL9NGE ( } USE GROjJP: A pCCUpA]y�y; �f�STAi1RetN y5�
a�.ac a�nxass: 932 ARCADE S'T AR�?�DE BAR
SQL'ARE FEE'f: 7S841N(t;vfSER OP UNITS: 4 INSPECT'OR: BRENT RICKET'$pD( N21
�V�'NERJAGftv";: MEKE FIEST'
flWN�klAGENT A IlDItESS; 932 ARCADE ST, SAWT PAUL MN SS1dG
OWNER AGSNT PHONE: 612-77¢-424T CER'1'iFfED: db1I8l71 REIVEWAL DUL: 03702t97
STATUS; C
+YkwtR�FMYRAkRY��itl�#+k�M�klr#+k'k�k8tt*kl�k�k�s�kltlW ##�MY�s�NWi##6iyT4Y�it�#YiM##Ne+ki*YCW!#lWVe#TbY1�iNWiX�k�iMy�ryttl'�NWWi�RAikiY�X�
KFY.• Y=CQRkIsC27p[t',yApg Ar=CfjRRECTIdNNCJThfAL3E A=AIJDF,DNIOLrITION
Ytli/WMt#IFt*�lRt! �ti��kA+Yt�kY►fkY�YacrN#R�RiW�k*MQiYb*W3#N�Y��#F+t�rt�'.RYf��FMk�Y*A+lt�ki#1k�kW4W444pF#Yw@kf•k4k#iWiW+k\MkY�:tx�
glxjA
� 34.32 (3)
RBPT,ACE BROK$N FR01�TT YiINDDW ON
DOb� TQ 83�yRBER SHO�.
„�_ 33.05
POST CERTIFSCATE pF OCGUpAp1Cy TN
A VYSTHL� LbCATION �ROM SUILf7ING$
EXTERZaR.
lJf,c�..t lLCi.a Q�.(.e' h "r�L�'vG"�-
�{u?� +��m7`�H<ct�
,.,,�_ MUk'C 2 5 . 2I4
POST OCCUPANCy LOAD $IGN IN A
VISIBLE T�4CATILN.
�,_ MLtFC 85.107
DI5CONTZNVEI i7$E pF NON-AFpRpVEJ�
MULTS-PT,tTG ADAPTE$S TFIROiFGI3QTiT
COMMERCIAL A32EA5.
COeY�MENTS:
DATE: /�' a�" �� ._. � ODOMET$R: z _�,�
�r
TIM6 BBG: _ /l�„� j� .__ �[VD: _ !/.Dc.'� �, INSP DISCDUNT
RE[NSPECTtQN DATE: �7 Q� �� YES � NO tif
REIIVSPECfl(.ltd CHARG�� YES ✓ Np � YIOLATidN LETTER f1��
SIGNATURE: ,�__1�c,��
Np IIVTRY Ik47Ii5
P
' � p(tC'.�1
f �� / .
� �
JUL-07-98 05:37 AM ST.PAUL FIRE DEPT. 612 'L26 6255 P_16
. Priqt D�e: 10116t97(3}
Date to be re��ed: 10l30197
�zr�sr�c�a�v caECgr.�sT
CFO KEY_ 24607 UATA CHAIQGE �} USE GRpUP: A O��'pANCy: gpR�g,�AURANT �SQ
BLDG ADARESS: 932 ARG'ADE ST ARCADE $AR
SQUARE FPET: 7SSDINU4ISER OF UNZT9: 4 INSPBCTY}R: $RENT RICKE7'SOhl iY21
QN`NERIAGENf: MIKE FlF,S't'
��NERi�GENT' +°.DI�R�SS: 932 ARCADfi $T, SAINT PAUL MN SS1II6
OWNF.R AGHiKT PFCONE; 612.774-9203 CERTiylED: C6fIg771 R5R'ER'AL D'JE: 031Q2797
STATLIS: C
stPy. �� M ��� MX �� **4 ��� * � *YY � #FiX � ##It# � Ry � KfYY*AlYtyi � Wit � fWrs �� FY fi�W#t#NWM�My�##YYi4NWi��WifMMNf#FW F � %i i� iYY � C}T �
BEY.- Y=CORkLCTIDN MADE N=CpRRECTTpN NOT bfA➢,�' A-gppgp {r10LATIpN
#YMWbiM�kitMY��FW�k�YY'k�k�hi�AWkii�tt+k�X+Y4#t�tf##»1���FM4'F+IXRiRNYlt fMK�tf RMW t�� Y+tl1 �MiM�RM 9 *ck�!#�k�#Y�iRX t#iN Or►F+F►WJt+lYk#t1d
Y�NrA
� rrvFC iz.ios tc,s�
REMOVE SURF'AC� MOUNTfiI} SLTDB BaLT
PRdM REAR EXIT DOOfi (BA,� p�EA).
-i�kf3V�A
�`'� —HOOR--TirREM�N-�L�TN3�@E�K�Fi--
-- ��G - �$T 33 iitfESS - �@F}R'�.f�'�--@Id"�9'PIt�-
�-�1NL-�'R6*,r, •��-�m^n^ac—aB�itS'-�25�"SA�"A7ZEA—`
�$B9 • E"rl�a�s..�� �.x v
,�� MUFC 10.5Q71B2}
PERMAi�*ENTyY SHAL OPEN
SABEMENT OF COMt3EkCIAi,
CHLTT� IN
AREA.
_� 34.D9(3j(e)
PFi4VrDE 5CRk;ENS WHERS MI5$=P7G
T�IR4VGHOUT i2ESTIl$NTIAL LTS71ms,
�, 34.10 {'7)
SCRAPE, PATNT, p,1�7D 12gF=N2SH ALL
RESSbENT2AL CaMMON ,ARF,P.S (H1�yLwpy
WAT,LS, CEILINGS, AND PL00&S) AND
MF1TN IN A pROFE3520NAL STATFs
4F RBPAZg,
CCTAdMENTS:
DA7E;
TItvCE BLC,�
REINSPECTIOPI DATE;
ODOhR£,TER;
END:
REIN5PECTION CHARGE: YES � Hp �
IIZE! �Y�
• � �• s a
iNSP I?ISCai1M'
YES � NQ �
V1flLATIQN LETTER A
--�--.�..
SIGNATi3RE;
SUL-67-98 09:37 qM ST_PAUL FIRE DEPT_ 612 22$ 5255 P.11
Print bate: IO/15197{3)
Date to be relnspecded: 18130/97
REINSP�C�`TON CHECKT,IS�'
CP4 tC�Y: 146�:' DATA CHANGE �,, USE GRQUP, A OCCUPANCY: Bq$�gg'�'A�n^t ytp
ar..pc annRSSS: 932 ARCADE ST ARCAD� BAR
SQtiARE FPEf: 78�lNUMEEK UF UNYCS: 4 tN3PECf9R: SRENT RICKETStfN A'�1
OW!VERIAGENT: MIKE FILST
OWNERthGENT ADBRESS: $32 ASZCADE S°I', SpII+IT PALTL MN Sil�
01�1h'Ek AGENT A$�NE: 672-774-92Q7 CERTTFTEI7: tf67l8t11 RENESypi, BtS�: �33/p2(g7
SI`ATU6: C
�rW��VY�F*biM#N�RtM�Yt�F�YkYM�Yiii��RM}*rNiikitYt�MkfyiR�44#+NM+YY�##�RfM'�1#iiW �N%i�kYk�f T+Rk►`+ifFWW##iiY*fiMw�WWl3�TW�P7�•
tCEY,• Y=CORR&CTlON MADE N=CORR&L77ON NOT MAI2� A=ADD14'D VIDIATI�N
Ci1R8tFMNfYW MFtY'�4Mi�i#Y�Ai�kdrtt��kMlYW W#fi►Y4�FTAWi Mr#�wt*�� MIAti kYWi�A#Yy4Y�kittkaWr R�FY �+4YRkR+tY�'lfi�YYi��krt3•kifif�XN4tfN�Fi
Yj�r�
___t,�__ �� zg. Yas sa�
CdNTAC�' A. {�UALIPIED ALP.RM SERVZCE
COMPANY TO TEST AND $ERVICE {�
1+TBEDED) TSE b'IRE ALAItM SXSTEM.
PROVinE I�octJPq�D7TATIDN Tp TH25
OFFSCE AS PRpQF OF COMP7,IANC'$.
N 34,11(6j
FS'iOV=pE FLU$ GAS ANAI,1�SZS
ALICUS+iENTATIQN ON HEATING PT�AN1'S
FOR RESIDENTZAL TJr72TS, SEE TFIE
ATTACHMENT R1Y-1.
� 34.7.I{g)
PRCIFERI.Y CF1P OPEI+I PIPE IN KITCHEN
DF VNST #2A.
cansm�n�rs:
DAT�:
TIhfE SEG;
REIA'5PECTt(}�i DATE;
0270METER:
1NSP bISCOUA+T
�
RETNSP�CTIQT7 CHAI2GE: YES ,� NO �
YES _ NO _„_
YIOLATtp]V LE9TER A'"�,
I.:� a.�N:a r;: ta
SIGh'ATllRE;
JUL-07-98 09:37 pM ST.PpUL FIRE DEPT- 61'L 228 6255 P.12
� Prim IY,�te: ID116i97(3}
,
' Aax ro be rcins�ted: SD/3QK17
REII�I3PECTIL}N CHECKLIST
CFD KEY: 14b07 DATA CHAI4GE {� USS GROUP: A Q�UPANCY: BAxlRES"1'!+L'RANT >SD
a�.,nc nnnxESS: 932 ARCAD� ST A.RC.4DE BAR
SQUARE FEET� 7880711[I1vIBF.12 OF U[dITS: 4 INSPECS BRSN'f AICKE154I3 921
oW1vER1AGENT: MiKE PIES'I'
OWNERltiG�1'�' ADDRESS: 432 ARCADE 5C, SAiNT PAUL ?vSN 55106
qWNFSt AGESdT PHOI�IE: 612-774-4207 CERTSFIED: D6718171 RF.1�E1VkL AUE: 03102J97
STA'i'[SS: C
�►W4iYASTWYt wfi#*���fif+�Mµ*►�%�N�kitik#f9l���'Mf�9�RN RtiF►�Frt��'41�W��t4��yR+1 ��FN #�t�iMi+YM��Af�ti4�Ff>YT#�kytl*kk�
K&Y,� Y=CDRRECTION A?ADE N=Ct11t1e74CT10N NflT MADS A°ADA� Yj��TION
ii�X�Ti�Mk��4�k�k#i�Y4�k�R�FtYnFb�F�FtyFwM��Y Y�MR�Y+�yM�7YYy�+li4Y�Y�tik/tAi#iYY�ftiMkit%Y�! t��M4 *��►IAkMYY4tiiF�kM4Wittik�6tsii
YIr�JA
� 34.14{2)(a}
CONTACT A ¢UAT,IFZED ELECTRICAL
CONTRACT4R TO 1tEWTItE A,LI+
RESIDBNTIAL Ui7IT5 TO CODE (g�T�IT
IxEQVIRED} , REM4VE ALL ILLEyGAL
WIRII�G THROUGHOUT R�SEDENTIAL
U1VIT5.
� 299F.3G2
TMME]]�ATELS' PRO�ITDE A OPBRATIQNAZ'
SMaKB AETECTOR IN UNIT #���
RESECUR� SMOKE DETECTOR TQ ���
IN UNIT #3A.
CoM�►tBNTS-
DATE.�
TIME HEG:
OI�OME'i�R;
iPtSP DI5C4iJNT
� � • r.• �a
R BIi�ISPECTI C3F4 13ATE:
EPR>:
REiNSPEC770N Gi�AAGE: 'YES � N� �._.
YES � A`R �
VIOLATECIN LET7'ER 9
-----�--
S2GNA'r`URE:
JUL-57-48 @9:38 RM ST.PAVL FIRE DEPT. 612 228 5255 P-13
' . . Ftint Date: 1Dlf4l97(3)
, I3ate w be reinsper.tsd: 10138197
REINSP�CTI�N �H�CKLIS°I'
CFQ KEY; 14647 DATA CHANGE �} USE GROliP: A OCCUPANCY: BARIRESTAURANT >SD
a�� nrsDxESS: 932 ARCADE ST ARCAD� BAR
SQUARE FEET: 7$80tNtJMBER OF CiNt'fS: A INSPE.CI'OR_ HRENT RICKETSON iJ21
OWN1iRfAGENT: MSKE FtEST
�WTi�RtAGEPIT ADDRES3: 932 ARCAI7E ST, SA1NT PAUL MN 55166
QW11ER AGEIV`I' PHONB: 6l2-774-9247 CSR7TFIED: 46f18171 RENE�T�'AL DIfE: 03/D2t97
5TATUSo C
♦t�t*MM�strw�rwewW�kxKSxa��r�sfiM*resxraesMxer+Trsaeatr�«+�r��rt�rt+r�rwrwqMw�tY
KPsY.• Y-CQRRECTION MADE N=CORREC7I�N N(1T h4�11>8 R=ADDED YlOLATION
4 WY+FF W Y�Ri fRS f fi�Y# ��"�'�WrtN+Mt�+kR��i�fTSf �6�tNXY�rt+iWT4Mifittwd�XMMMMWrt�tiY W kWNMit##y#il3iY+YY YWM49�qkSAktbtWYMR#fia�'iM
YJNJA
�� 34.09(3)(h�
1tEMOVE SURFACE MflUIQTED SXaIDE80LTS
FRC}M SECQND EXIT DOOR. HEMDVE
TIiIRA LOCKING DSVICE FRQM ENTRY
DOOR TQ 1JNIT #2A. NQ M�RE THAN
TWO DEV�CES TO UN7+OCK OR UNJaATCH
$EFDRE SXITZNT A UNIT.
IMMEDTAT�LY REMOVE SURFACI`s MQ[INTED
SLIDE HbvT ANP FADT,QCK ON ENTRY
]]OOR TO tTNIT #3A.
N -_ 34.1a {7)
SC:FAPE, PAIN's, AI�D FtBFINISH ALL
WALLS AND CEILINGS THRUUGFSOVT
RESIDENTI�T, 'I7NIT5. REPAITt ALL
${7LE5 IN WAS,T,$ 7aND REPLFaCE/REPATI2.
ALL MSSSING QR IIETERIORATE4
FLOORING THROUGHOUT. ALL Sl7RFACES
AND FLQORING SHALL BE MASNTASNED
�RT A PRt7FESSIDNAI, 8'TATE OF
MAINTENANC� AND REFAIR.
COMMENfiS:
DA7E;
OAOMETER:
IFdSP I3ISCOUNT
t a • �. a
TlMS SEG:
REINSPECTILYN DATE:
i��
R�INSPEGTI4N CHAI2GE: YES �_ NO _,�_
YES i NO _
VIOLATION LET1'ER #
S1GtJATliRE:
JUL-07-98 09:3$ PM ST.PpUL FIRE DEPT. 612 228 6255 P.15
" , Priat Date; 14/I6t97{3)
Date w be reiospected: 2413Gl97
REIN�PECTION CI�CKI.IST
CFO KEY: 14bp7 DATA CHANGg �j USE GRO{Jp: A OCCLfPANCY: BAR/TtESTAURA?VT �Sp
BLDG ADDHESS: 932 ARCAI}E ST ARGADE BAR
SQUARE FEET: 7880INfJM$Eg (yF UNiTS: 4 iNgpECTpR; gRE[YT 7tfCi�'TSpN �p2�
01i'NE$/AGE[Y!': MIKE FIESf
OY+'ISERIAC�E�T ApT)R$SS: 932 AgCADE ST. S�t7NT pAUL A-tI+i SS1Q6
OWNEft AGEHT PHD?dE: 622- CERTIFIffi; p6/1817t REbigWAL Dt1E: p3tfl2/g7
STATUS: C
♦RYW�Xyi4�itY�fiYW�i#+Y�k#��YY�t�FMrY�t»�tMti�kM WytOSW�IiYtY;�k� My�A�Mkl�RE�A�Yt*MNY�t�ti�ir�k3+kMik#+kw4:%Mk9dtiMitYT�KWaIY.�t4Y'Y*�Y
R�Y.' Y=C�RRECTIDNMADE 1 V�CORRECTl(JNNpTMADE A=AI?Ir�J y1QLAT7dN
iWY4�k.TFt�kWk##ttiKMk�RM�rlil�YYeN#4�kW�k�rRkiMYfNRM1WiM�##i�it*fifi�YWY#RS+YtW�WWYe�t#M+FNLY�MiY��Y# krti►��F�F�Y��kE4AY+kRM�MM�Y##k�R4i?fit
YjN/A
— �'
�
39.Q2 (C)
SUBMIT A COMl�LETE+D SMQK$ DETECTOR
AFFTDAYIT TO THZS OFFICE.
33.05tD7
�ZT #2B AND #38
REOCCUPI�p YRQT=I,
APP80VF,D BY THIS
ARa NOT TO 8E
I2EIN5FECTED AIJD
o�Faes,
� M�''� 1�.505
B�tOVIL�E A 2A-1pBC FIR$
E SN GXFZ' 580F ��A /` (�1 � � +�6U'.��'�
fCURRSNTLX SERVICED ,�D TAGGEDj F111`� � �'�
ANI? MpUNTED IN A VI$I$L�,
ACCESSTHL�3 LQCATION,
CC7MM�'NTS:
DATE;
TIME HE�.
REfiYSPECTION DATE:
flDOlyETEA:
!��
REINSt'EC1"t{}N GHARGE: YES �_ Np �
1NS? DZSCQtIP�T
YES ` Np „
VI4I,ATIDN LET"fEk q
� r ► :�.
—_._,�
$IGNATURB:
flF,YARTMEN'f OF ��E ANb SAFfiTY S�YICFS
iimoihy fC. FYticr, Fi+'e Ckie(
D[Y1SlON OF f[Rfi P1t£v�N'i'IaH
Skven liurora. Fin blurskd
, �,::-
t�.,�
l � f
1 �
�AAAI►;
crrx oF s,�zN� rau�.
Nnrm G�tru�ax. Alainr
JANUARY 9, 1498
MIKF. �IEST'
932 ARCADfi St'
SAINT PAiiL. MN 55106
��: Ce�ificate o£ Qccupancy Revocation
932 ARCADE ST ARCt,DE BAR No. ot Uniu: 4
Dear Propetty R�presenncative:
Your buitding wxs inspected on 1AtSIJARY 7, 1498, for the renewal of the Certificate of
pcc�paocY• lnasmuch as you Lave failed to comply witD s1�e aPptica6le raquicements in a
reawnabtc amonnt of time witLont appeat, it has become mtesssiy to T�evake the Cert�cate of
pecupancy tor the above-captioned location in acconiance wi�h Secuon 33.05 of c6c Seint Paut
LEgstative Cod�. -
TH1S L.E'['x'SR SERVES AS OFFICIAL N4TICE OF REV�ATSON.
Section 33.05, Subd7vis'wn 5 of she Saim Paul 1�gisla�i�e Code fnrrher p��das chu �m build�ng
shall be occupied wic.�M�t a Cercificate of OccupazKy. Failure to vacate tbe bui5ding ur mmpl7
with the uttached Correetions List by FEB12tJA�tY 91498, may rautt in a criminal eitatiorr.
Cnrrections requiring cnnsvucrian, etecuicsl, Qlwmbing, heating, sgrinkler or sas piping work
musc be done under pemxst snd with she agprovai of tbe Suilding lnspection and Design Divis4on,
350 St. Peter Str�, Suiu 310, Sainc Paul. Minn�ja 55502 (266-�94).
tf you have aoy <Nestinns. You may contact me at 228-62�8.
5'snceretY�
�� ��A�����
SRENC R[CT{£'CSON
Inspator
700 Easf Eleventk St��R Ttfeyhont: 6I2-228-62,?G
SairuPaal,MN551e1 Factfmitc:4t2.228�241
��SE IE4jE APPU�� �A► E At�� Tll i..
�� �1�n�!$ t��3�+
P4e2se mest 4� 1�speG�tt e3 �e F�� a� tdn9 �eys
tur ea�ss ID a� 9reas. tt y� aish � re�d+ed��e th¢
�,�tr�atCall &" 6et�eeti7�0andS:ODa�
C�.�37
����� � . �
_ dlbia Arcade Bar _
City's Exh. # 2
JUL-07-98 99:34 RM ST.PAUL FIRE DEPT. 612 228 fi255 P_02
, Pridt Date: 72l23147(4)
' Date ro bc resnapected: Dif0419$
REINSPECTIaN CHECKLTS°P
CFp KEY: 14507 DATA CHANGfi �) Z35E GRQUP: A OCCUPANCY: BARIRESTALRANT 754
SLFG ADAR�SS: 932 ARCADE S'1' ARCADE BA.R
SQUARE �EL'�': 7880,tI+IUMBLR OF UI�lSTS: 4 P.v`SFECS'4R: BRENT RTCKETSQIti '�J21 : i:�i
OWNERlACEiYT: MIKE FlE3T ,
OWNEItJAG�1Q'C ADARE5S: 932 ATiCAaEE ST, SARa'�' PAUL Mlv 5510G
dVvNfi32 AGENT PI�ONE: 612-774-92Ct7 CER72FIED: C6JI8l7] RENfiWAL I�llE: 03t(72147
STA'C[7S: It
1lMMYN+kY�*43t�M1�V'�S9Ril�i WWN�kft�Yik4M«1� Y�K�I P�R#fit►►PR�Ywi4Mx/4Wkrt�Fta �rMMM�RSAMMaY#ttiX�M�#i'FV 4Rl4ktt�MNk+F4X���M M+itN*6Ki�fi#x
KES": Y=CORRECTIDN MA73E N=CORRECT70N NOT MADE A=ADBEA VIOLATIDN
MX�liCYY�F+kii�ii WMS!#kt/kX�RM��+�Wwk�F� WrtF�F�F rFn�WM�k�FiRWMr ttsa+MM�4 ksJ N�M9 is� 4�F�NMi3►�N MW �F�t i�YNw4fi+1z*b4Mk+f s�YMAkMfiMMWMMk
Yr�rA
� 3a.as
POS� CEI2TIEICATE OF OC�lTPP.PJCY TN
A SJISIBLE LOCATSON FItOM BUILDY21GS
EXTERIOFt.
��
� MUFC 25.114 f_i1
Fd5T dCCUPANCY LdAD SSGDT IN A (j��/
VISISL� Z,flCATZ4N.
MUFC 65.10'7
DS5CONTINU� USE OF NON-APPR4VED
MLILTI-PLt7G AAAPTBRS THROLiGHOiTT
COMMERCIAL AREAS.
i� MU�'C 12.106 (C, EJ
-- �r - REMCJVE SUT2F7tCE MOUN�'ED SLILIE SOLT
FROM 42EAR EXIT Df>LFt (SAR AREA) .
_�j t�u�'C io.sa7tsa}
— 'f -- PERPRANENTL'Y SEAL OPF•IS CIiCI�'E iN
� BASEMENT OF COMMBI2CSAL AREA�
GOMAtENTS:
DAiE: , /" � � �t� _ _ 4I50METkR: � -L"�'..�
TtME BEC: %� Exn: J/�d i�s� aisca'vr�T
REiNSPECTION DATE: _ �� � YES _ NO V
REINSPLCTIah1 CFiARGF.: YP..S �IdO � VYCILATI4N LBT7"ER #�
SiGNATUR�: ��� r�"'
� o - � a
�
JUL-07-95 99:34 AM ST.PAUL FIRE DEPT. 612 228 6255 P.03
' . Print ]7ate� 12/23t97(4j
, A�ta ta be reinspected; b1104188
RELNSPECTION CHECKI�IST
CPO KEY: 146Q7 DATA CkiANGE L� L75E GROL3P: A OCCUPAI�C1': SARIRESCAZTRANT >54
BLDG ADDRESS; g�� ARCAD� ST :�RCADE BAR
SQUARE FEET; 388QlI�TTJMBER OF UNITS: 4 INSPEGTDR; BR81rT RICKET'S4N �21
�w?v�wnc�rrrr: �aucs xrFSr
4WNERtAGEl1T r1DIIRESS� 932 ARCADE ST, SAINT PAL3L MN 551Dfi
OWNER AGENT FH(3NE: 617r774-4207 C�TtTPt'IED: d6(18(71 liENSWAL DllG: 03102i97
STATUS: R
3iF1kYY�Yf#YY+'sw�tfsets}�keywwsY�nWW WW►WWGMWMYX�WY►Wn3�kf#taafliR►+#4WY�}►W�Mi�FNM+k44axYt�e44�iiA itit�kt#� iiMi+kk4Wi+i�k
REY: Y=CORfiECTIOR' �t1AE W=CORRECTlON NOZ MAIl� A=ADDED VIOLA770N
Ya�ak*� V iM�WV�W�NW�krt b4NW�k4#k�FN�WN�rt+MMMMT+kV#W firtk#f+ItsK4ss es3xii��li�k�kWiWWk�kN�W94N%�FMKwMkiti#iitbk�kttlt#F iii3iiki�YWkA
X�NJA
� 34.09{3) �e� �
PROVTI�E SCR�ENS 'WI�E1�� MI53iNG p-
`PHROUGHOUT ItESIDFsNTZAL UY3T'I'S.
� 34.10 {7}
SCRAPE, 2AS2�1T, AND REPTNSSH ALL
ItESTA�'IJTIAL COMMON AREAS (FIALLWAY
WALLS, CEXL�ATGS, AIQD FLODRS) AbSD
MAZN�'AIAi I1V A PY20FESSIbNAL STATE
OF REPATR.
� MUFC 14.108{a}
C4NTA�T A ¢t7ALSFZED RLARM SSR'VICS
COMPADiY T� TE5T A1V�D SERVICI3 (AS
N£EllBD).THE FIRE ALARM 5YSTEM.
PROVIDE DOCUMEI�'TATION TO THIS
OF'FICE AS PRpoF OF CUMPLZAIOCE .
� 34.11f6i
PRQVIDE FLUS GAS ANFlLXSIS
bQCUM�NTAT'SON ON HEATING PLANTS
P'DR RESI,GENTSA�r UNITS. SEE THE
}�TTACHMELdT RH-1,
CO�I?MTsNTS,
DATE:
TiME BEG:
REINSPECTION DATE�
pIi{SMETER:
END:
RETAFST'F:C7S073 Ci�IARG�: YE5 � NO _
VIQLATION I.ETTE1t iP
�1 �
� , ����.�� � ���
� y Gt
[NSP DI5COl7NT
Y�S _ ht0
�: � ►•�a
SIGNATURE:
�UL-07-98 09:�5 pM ST.PRUL FIRE DEPT� 612 22S 8255 P.04
' . . Prim Datc: IZ123197{47
, Date w be reinspecced: OIlU4l98
ItEI�iS�C'�UN CHE�I�LISF
CFO REY: 146Q7 I?ATA CHAIVGB �) USE GROUF: A dCCUFANCY: BA�l2i F.STAURAIVT >50
BLDG ADBRESS: 932 ARCADE ST ARCAI3LS' BAR
SQt7ARE FEET: 7880lHUMHER OF [INIT'S: 4 RdSPHCfQR: SRERlT RICKEI'SON !!21
QWh1ER1AGENT: MII� AIEST
QWidERJAGENT ADDI2BSS: 93Z ARCADE ST, SAII+IT PA[P MA' SS1Q6
QWNER AGENT PAON�: 612-77q-92tYJ CERTIFIED: Q6tlSt71 RENL^WAL DUH: 0310Z'97
STA'!'US: R
k�k�tf �t�l f�F tMtlAiEM 6R iR RRikSR��6LiN�ti�tM9&�kW4� W riYN i�+[�YY86+kt M�Yi�Ye+YYR�tYYl�W�t+k4oYW�Rk�kie�Ri ti$ #�k #i Ri tidii�kiRi►y y� RiN P+k� t��>
�fiY Y=CORRE�TIPNMAb1i N=CORRb'CTION NOT A��ADE A-ADIl�D VI�Lr37'70N
♦�sR��a�i kseESa�sss!l�ti� RTrt�F+FM�hMWX�X�FMF�Y/S��*�'lMb��kflefTifA��fF#ftfifix�FkF�fii KtFM#Mfi�FM�I*9�X�n�EwMMMFMM�k+Pl�Ya�FiA'k.t Afifi+Fi�iM
Y/iJ/A
� 34.11(4�
PROPBRLY CAP OPEN PSPE YN FcTTCHEP7
QP UNST #2A.
� 34.1Q{2}{aJ
COATTACT A Qt7ALIFIEA ELECTRTCAL
CONTRPsCTDR TQ I2EWIRE ALL
RESIIIENT�AL UNTTS TC7 CdX7$ (PERMIT
RfiQUIRED} . REMOVE ALL ��,LEGAI,
SPIRING TxRO[IGHQVT RESIDEPITTAL
UD7ITS .
299F.362 �
IMM&DIATELY FR6'trSD� A OPERATIONRJa ��
BMOKE I>ETECTOR IN IINST #2B.
RSSECURE SMOKE AETECTO�i TO WALL L�
IN IINYT #3A.
COMMfiN2�:
DATB.
TiME SEG:
REINSPECTIQN DA7'�:
ODOMETER:
EiYA:
CTiARGE: YES " N{3
VIpLATION LE7"PER �i_
INSP DISCOiJNT
YE5 _ NO _..,.
• � • !h!
SIGNAT'URB;
dUL-57-98 09:35 AM ST.PAUL FIRE DEPT. 612 228 5255 P.05
• ' Pript Duce: i;J23147(4)
�, Daze w Ue reiaspectw: DF104l98
RETNSPECTIQN CHECXT1Ia''T'
CFO KLY: 14b07 AATA CIiq��E �} liSB G1�OUP: A OCCLTAhiCY: BARIFtFStAURANT 9 SO
g�c a�nx�ss: 932 A.RG4DE ST ARCADE BAR
SQUARE FEET': 78R4/iYUMBER OF UMITS: 4 INSP�CIY?R: BTt�h*T RICKET'50H �21
OtVNERtAGENT: MIKE FIEST
OWhEKJAGENT ADDRBSS: 432 tIRCADE ST, SAthP!' FAUL MN SS1aG
OW11ER AGENT PHpNE; 6I2-77q-9247 CERTIFIED: 04118171 RENEWAL DU&; 031d2147
STAT[IS: R
•iR#YMf M&Ye�Y#t#/?w4YWPMMfi+k+t#WY�W�VtM4ykWN5k�k�F*�k�hMi�RR+ttt+k##�kiR�MFMN+K*K�k*#iY�4�MAkY�yARM�ki�8YW4#\X�M *AN�WMiF#�Ri#WFAMM♦
KTsY.' Y=CORRECTION MADE N=CORRECTION NOT MQdJE A=ADDED YIOLAT'lON
#ItAkYYY�Y4#0lY�w WMY��k+Y4ti *rtMw�M#ttfinay�MWMkirsiT�F�FNN�YW+MR4�ftN'fi�kNtBWW►y�+F#�FiaeFiAkW�YMk�Mt�R�Ftlk�F.�Y�k#+F+IWMk�IeY�t#�kRMYW�YMi
'XfN/A
1 ' �'
+ ��� . � c•
•• • i ��.• .,.
- - - - ., .
_ ,.
..
- - . .; - -
i
34.10{7)
SCIiAPE, PASN'T, AND REFSNISH ALE+
WALLS ANII CExLING6 TiiR4UGIFpUT
RESIDENTYAL LTNIT3. REPAIR AI,L
HOLE5 SN WALL9 ANA REPI,ACEJREPAIR
ALL M.ISSTNG pR DETSRIQRATED
FLOUI2IPTC, "PAROIIGHOCST. AP.�L SURFACES
AND F7�OORING SHALL BE MALI4TASNED
SN A HRQFESSIpNAL STATE DF
MAINTENRWC� APTD 12�'I+AZR.
CQMA48NTS;
�ATE:
TiMB B�G:
REINSPECTtC1N DATE:
ODO�f ETER:
ENIJ:
REtNSPECTtpN CFiARGE� Y£S � NO
INSF DTSCOtlNT
YES !, NO _
VIULATIDtV LETFER #
�� ��!!' . �� �w,
SIGYATLt1tE:
JUL-9T—QS 09:35 AM ST.PAUL FIRE DEPT. 612 228 6255 P.96
� , Priut Date: i21�3l97{4}
, T3ate ta be reinsFeaed: O1JC4,'98
��������� ������
CFO XEY; 14501 I3ATA CHAIVC>E �} IISE GROt3P: A 4CCUFANCY: BARlRESTAtIRANT �SQ
BT,IaG ADDRESS: 9�� ARCADE ST ARG'AI3E BlLR
SQt7ARE FEET: 788(1/NUMSER OF UN1TS: 4 INSPECTOR: BRENT RiG'I�TSON #21
OVFNERfAGBPdT: N.IISE FtEST
DWNERlAGENT RDDRESS: 932 ARCADE ST, SAINT PAUL Mld 55146
OWNER AGEN'F PH�NE: 62Z-774-92p7 CERT'IF2ED: 0611$t71 kEE?�tEWAL DUE: 031QZ/9 i
STATUS: R
iiFrt####i*it��Y*li.i�NX�ViM�le�Fi�MMlN�Fbµ�M�MM�FMYT�!#t#�4�k#W'MY�'FktM�CMk�F44l�t�#�ki#�lY�yYWW WYyMM�f�4MWR►Ni64tM��K��iR3R}R'���+tY��tY
10E'Y: Y=CORRECT7QN MADS N=CpKREG'T1'ON NOT MADk' A=�7DED YIOIATIOIY
MMWMFYkt�R�RR�R%:RliiiN��kM�tlWM�k V X�PWAWkBi�kMYMbWki�M6�#*Ri##1'##'hhY��YWWY�WMMN4�IkRaMFist�lkY�Y�M�WMN+[NN�RF WNWfi►MRWtW A�MACFMRfiY#
Y/NJA
� 34.7.0 (4)
REPAIR Oit REPLACE MI83ING AND/OR
DETERTORATEA �THRDOM FLOORING
THRpUGH017'S` ALZ LiNITS . BATHROOM
FLOORS SHP.T�L BE EMPERUIOUS TQ
6dATER,
� 34.14C27 �l�) {C}
PROVSDE COVER PLATES 'RXERE MISSING
7'�714pUGH0UT RESIDEMTFAL AREAS.
� $ 5 .106 ( a} t�^""
DISCONTTNTJE i75E QF E7iTEATSI0S3 q � y ��
CORD3 IN ANTT #28 A1�IA �'HROVGHdTJT p
12ESIf}ENTIAL 7�2E,Ti8.
� 34.16(1}
TEDTANTS Ta CLEAIV ATFD MAINTATP3
REAR BEDROOM YAT A CLEAN AND
SANZTRRY CONLtITION UNIT ��R (ROOM
IS CURRF�NTLY I75$D AS ST�RAG$,
CLUTTPsRED WITH ANIMhI� F8CE5, ETC?
COI+fMfiNT5:
Lr7:�t1�E
TIME BEG:
REINSP6CTIOhi DATE:
ODDMETER:
INSP DFSCAll1�tT
EI@D:
YE5 � NO _
REINSPECt'IQN CHARGE; YES �, Ni3,_
Vi41.A1'IQN LETTER �'
.:� atn. � s: �a`
SIGNATUR�:
.�. JU1-67-98 �9:36 AM ST-PRUL FIRE ➢EPT. 612 228 6255 P_67
, ' Print D,7te: 12123t97(G)
,,' Datc to be reir�speatcd: 41lQ4196
�����CTT�� ��' �����
CFO KE�: 14�7 BATA CHANGS � USE GAOliP; A dCCUPANCY: BARlRESTAURANT >50
sLaa nDn�ss: 932 Al2CADE ST ARCADE BAR
SQUA�$ �BET': 788alA OF [fA1T'I'S: 4 MSPEGTOFt- 6REPIT RICKE'i SON �'21
DWh'ER/AGENT: MI1� FTES7
01VNER(AGEIv"T ADDTtP,$S; 932 ARCADE SP, SAINT PAUL MN SSI�
OYJNER AGEN7 PiiONE: bl?-774-92Q7 CERTIFIF.D; 46I18171 RENEWAL DL1E: Q3/02/47
STATUS: R
Yk mMbilvR�lRMWMk�ksif%#f tifi'f f#f T�lft�A##wMkffi�R+kfi�i�If+k�FM V kA+M MW+F4 WWA�W�rYM* �FR'I�W�F� t3Fii
KEY.• Y=CaRREC7'!ON MAIJE N=CORR&CTION NOT hlADE A�ADDED PIDLATION
44rtY4rtMWWwiV�i.iY'�4�k+Fi�+ilki+4irtk�+�'PWt 4 WNYWM�'nM+kM4yN+nWA�nwassxs»iw�filrtis}*f+��qhYrtrt?Y�Y'k+FM�F#+�M+FbiM�ns?4fi�4#fik�F�nk!*1
rlNrA
� 39.42 (C1
SUBMI'I' A CQMPLETED SA40KE DETECTOR
AFPSDA�ST TO T}SIS QFFICE.
1�7 33.05 (DJ
UNIT #2B }iN'l7 #3B ARE ND'S' TO HE
I2SDCCL7PTED VNTIL REIN5PECTEI] AND
AYPROVE➢ BY THIS OFFICE,
CtlMMENTS:
DATE:
TlME BEG:
RE[NSPECTtON ])ATE:
ODOML�TSR: . �
END:
REINSPECTTON CHARGE: YES � NO �
INSP DISCOUri'T
Y8S „_._ ND ,_
YIt)LATTdh� LETTER N
a a • �• a
S[GNATUBE:
., .
D'c7A:27?.2EM OF FIRE AND SAFcf'y S&'LV ICS
Tunoriry K Fu!/c�, Firt Gicf
-. DNISION OF FIRp PILVE,*77'ION !
S�cvrn Zcccaid, F+re Marrnc!
CrIY Or SAL�vT PALZ
Norm Cafcman, Maya�
iw.:sri oc-.<nm �mtcr lc!ennonc 6/Z-_c36231
.:a:��?cuf,.-Y1N5510/ Fncsimii<:612-?23-6247
VIOLA'�'ION IYFORtiL�.TION
VIOT.ATION DAT.�
�
Chronolo�y on back
// �r
INSPECTOR'S N?.il�fE (print) ��✓7/TL- jfsc'�j�ax/ n
d/b/a Arcade Bar _
City's E�. # 3
OF�TER/AGEYI' VERTFICATION
II � � ( D � �` �' z�"�lc-ti 7`�./� �v (.c�rt�'L�E° W �1✓.�/.�7� � ////.G ��llt G7�c� II
� % �� - -i.Us�d�„� � ll �,an.c�e�/c-ua�� - /�� �,�,.,�.��-� ��
STATEOFMINNESOTA-RAMSETCOUNTYDISiq{('��OURS GITYCF ' /'�l1=�
' T"` wde,s d. c� d�h :w« wm+w. oo�n a�,�d ,ar,:
, On the �� :aY o�! G ��R'CI ,� �f9 �at ✓�!!✓ �/
_ � i ` / o'clact �lpM O PN
-{- ! ��� .
� Name ;ef� ,y�, i- ��C�.7/ AOdress Home "f�
Ch lic. ar �
a��m o-are ro� �c w
Locanan o( of(ense �,�� �(:C(,�/
WI
0
��
In vmlanon a� Ihe SWWte c OrGinance (5=c Nc
) in svrn rase maoe xna prmnCea and
BRP,NCH J OFFICERS �� ��3�� ¢
— _ � I
ano
�rty uu: ;
---_—S2te `'Y/It/. ',J L% � i
�
--Bac: 010 IN iNE GRY CF. �
v �� `
Mele commrt Ne biWmnq ol(ense ���Y of nola0or
°�fE �, c�'�eu,�n.UG� �
0
� .;
---
�, � -
the State ai Minrewcy ❑ Fi�us;�g fqurt • '
�
POR TESTIPYING IN COUR
�� : i � ') �(�
' 1\. �'�'� k�.
J�� CiGng F���
�eot
_ ��
' i t :4 i;? ;: �_LiJ �
� � �"� 1 :' .� �dR
�
ti.
"r' ' ,�.
z
�
7
;' . . f
2 8-29-22-32-C.oj-8 01 ST. PAUL * ACTIVB s 02/12/98
NAMES-------------------- -- ---- ------ -- -------- -- ---------------------�
FEE OWNER...! i
04J13/94 ! BRAM CORPORATION ?
04/13/94 ! 932 ARCADE ST !
! ST PAUL MN 551063851 !
PROP ADDR...! 932 ARCADE ST ! �
! ST. PAUL MN 551�63851 !
TAX DESCRIPTION-----------------------------------------------------------------
PLAT..00226.! WILLIAMS RE-ARRANGEMENT OF ? LOT SIZE .............5,625 SQ FT
! BLOCK 3, NELSON'S ADDTI'ION ! .12 ACRES
! TO THE CTI'I' OF ST. PAUL !
DESC........! NELSONS ADDITION !
! SUBJ TO ESMT; S 75 FI' !
! OF LOTS 16 & !
! LOT 17 !
--------------------------------------------------------------------------------
C OMMENTS ----------------------- ----- - ----------------------------
Alt-Z FOR I3ELP° WYSE 50 ° HDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° ON-LINE
Lic ID ................... 16204
STAT ..................... AC
Business Name............ BRAM CORPORATION
Doing Business As........ ARCADE BAR
Address .................. 932 ARCADE ST
Zip ................•-••.. 55106
E�cp Date ................. 02/28/98
License Name ............. GAMBLING LOCATION (CLASS C)
. LIQ-ON SALE-100SEATS/LESS-C
. SUNDAY ON SALE LIQUOR
. ENTERTAINMENT - CLASS A
. RESTAURANT (C)-LIMITED
. CIGARETTE
NOTE AREA ................ INSP CHANGE FROM O1 TO 02 ON 3/20/92
. 10361
. 65 SEATS 5-5-87
. 040588 PH TO CONSIDER ADVERSE ACTION - LAYED OVER
. FOR THREE (3) WEEKS
. 071988 REPORT OF ADMIN LAW JTJDGE, INCLUDING FINDIN
. GS OF FACT, CONCLUSIONS AND RECOMMENDATION IN THE
. MATTER OF ADVERSE HEARING INVOLVING THE LIQUOR LIC
. ENSE OF THE BRAM CORPORATION DBA ARCADE BAR.
. 072188 11 CONSECUTIVE DAY SUSPENSION (8/7/88 THRU
. a/i�/ss) C.F. 88-1224
. 090688 RENEWAL OF 013188 APP'D C.F. 88-1466
. 9/14/89 PA ON APPN FOR NEW OF CLASS A GAMBLING
. LOCATION LICENSE APP'D C.F. 89-1649
. 1/17/95 ENTERTAINMENT CHANGED FROM CLASS 2 TO A
. PER C.F. #94-1447
. 1995-7% DISC ON LIQ FEE APPLIED TO 2ND 1/2-LAP-LIC
. 4/11/96 CIG CODE ADDED FR/ID# 17937--LAP-LIC
. 1/28/97 INVOICED FOR 7% DISC RECEIVED IN 1996 AS
. TRAINING WAS NEVER RECEIVED-- $ DUE 2/18/97--LAP
. 6/5/97 $294_00 RECEIVED FOR 1996 7o DISCOUNT
. GRANTED BUT NOT EARNED--LAP-LIC
. 1997 7o DISC REFLTNDED P.V.# V-330-9943--KRD-LIC.
Bond Policy Number.......
Bond Company .............
Bond Effective Date......
Bond Expiration Date.....
Insurance Carrier........
Ins. Policy Number.......
Insurance Effective Date.
Ins. Expiration Date.....
Associated Stock Holder..
ROYAL INS CO
RSP259105
03/24/97
02/28/98
WILLIAM C MARTINEAU
MICHAEL M FEIST
Dealer No ................
Tax Id ................... 5096825
Worker Comp Exp Date..... 12/06/94
Telephone ................ 7'74-9207
����. — - ` .
_ d/b/a Arcade Bar _
City's Exh. # 4
�A ;.
��
OFFI�OF Tf� CITY ATTORNEY
PegB tyAttamey
CITY OF SAINT PAUL Civil Division
Norm Calemars, Mayor 400 City Hall
I S Wes[ Kellogg Blvd
Saint Pau[, Minnesota SSI01
�
May 12, 1998
NOTICE OF VIOLATION
Owner/Manager
Arcade Baz
932 Arcade Street
Saint Paul, Minnesota 55106
RE: All iicenses held by Bram Corpontion d/b/a Arcade Baz
for the property located at 932 Arcade St. in St. Paul
License ID No.: 16204
Deaz Sir/Madam:
Telephone: 612 266-8770
F¢aimile: 6l2 298-5619
The D'uector of the Office of License, Inspecfions and Environmental Protection is recommending
that adverse action be taken against your license. The basis for the adverse action is:
The certificate of occupancy for the building at 932 Arcade Street was revoked
on December 2, 1997. Saint Paul Legislafive Code §310.06(b)(3) permits
adverse action to be taken if the licensed premises "do not comply with
applicable health, housing, fire, zoning and building codes and regulations."
Because the certificate of occupancy has been revoked the licensed premises are
no longer in compliance with the applicable rules and regulations.
If you do not dispute the above facts please send me a letter with a statement to that effect. The
matter will then be scheduled for a hearing before the St. Paul City Council to determine what
penalty, if any, to impose. You will have an opportunity to appeaz and speak on your own behalf,
or to have someone appeaz there for you.
On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing
before an Administrative Law Judge (AL.�. If you wish to have such a hearing, please send me a
letter stating that you aze contesting the facts. You will then be sent a"Notice of Hearing," so you
wiil know when and where to appeaz, and what the basis for the hearing will be.
� e e�censes e y ram or ora , o�
— d/b/a Arcade Bar —
City's Egh. # 5
_ Page 2 •
'° � ' Arcade Baz
May 12, 1998
�
In either case, please let me know in wrifing no later than Monday, May 26,1998, how you
would like to proceed. If I have not heard from you by that date, I will assume that you are
not contesting the facts. The matter will then be scheduled for the hearing before the St. Paul
City CouncII.
If you have any questions, feel free to call me or have your attorney call me at 266-8710.
Sincerely,
`�/�..��J
�� ��
Virguria D. Palmer
Assistant City Attorney
cc: Robert Kessler, Director, LIEP
Christine Rozek, LIEP
Bruce Sylvester, Community Organizer, Payne Phalen Dist. 5 Planning Counci1,1014 Payne
Ave., St. Paul, MN 55101
. ..
s
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY
�
AFFIDAVIT OF SfiRV2Cfi BY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on May 12, 1998, she served the attached I30TICE OF VIOLATIOI3
on the following named person by placing a true and correct copy
thereof in an envelope addressed as follows:
Owner/Manager
Arcade Bar
932 Arcade Street
St. Paul, MN. 55106
(which is the last known address of said person) and depositing the
same, with postage prepaid, in the United States mails at St. Paul,
Minnesota.
Subscribed and sworn to before me
this 12th day of May, 1998.
PETER P. PANGgpRN
ND7ARY p�gLIC — MINNESOTA
N Comm. ExPi�es Jart 31. �
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OPFICS OF T'88 CITY ATTORNSY
Peg Bi� Attornry
CITY OF SAINT PAUL CrvHDiviston
Norm Co[emarr, Mayor 400 Ctty Hall
IS WetY %rl[oggBfvd
Saia1 Pau� M'�nnesota 55702
i
June 10, 1998
NOTICE OF HEARING
Mr. Michael M. Feist
Arcade Bar
932 Arcade Street
Saint Paul, Minnesota 55106
RE: All licenses held by Bram Corporation d/b/a Arcade Bar
for the premises located at 932 Arcade St. in St. Paul
License ID No.: 16204
Our File Number: G98-0206
Deaz Mr. Feist:
Te[ephone: 611 266-8 77 0
Facsi�ti/c 6Z219&56Z9
Please take notice that a hearing will be held at the following tune, date and place concerning all
licenses for the premises stated above:
Date: Friday, July 10,1998
Time: 9:30 a.m.
Place: Room 41
St. Paul City Hall
15 W. Kellogg Blvd.
St. Paui, MN. 55102
The hearing will be presided over by an Administrafive Law Judge from the State of Minnesota
Office of Administrative Hearings:
Name: Jon Lunde
Office of Administrative Hearings
100 Washington Square, Suite 1700
Minneapolis, MN. 55401
Telephone: 341-7645
� e e icenses e y ram orpora io �
— d/b/a Arcade Bar —;
City's Exh. # 7
� �
The Council of the City of Saint Paul has the authority to provide for hearings conceming licensed
premises and for adverse action against such licenses, under Chapter 310, inciuding sections 310.05
and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non
into�ucating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse
acrion may include revocation, suspension, fines and other penalties or condifions.
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:
The certificate of occupancy for the building at 932 Arcade Street was revoked
on December 2, 1997. Saint Paul Legislative Code §310.06(b)(3) permits
adverse action to be taken if the licensed premises °do not comply with
applicable health, housing, fire, zoning and buiiding codes and regulations.°
Because the certificate of occupancy has been revoked the license premises are
no longer in compliance with the applica6le rules and regulations.
You have the right to be represented by an attomey before and during the hearing or you can
represent yourself. You may also have a person of your choice represent you, to the ea�tent not
prohibited as unauthorized practice of law.
The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections
14.57 to 14.62 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 themseives for the record.
The City will then present its wimesses and evidence, each of whom the licensee or attorney may
cross-exasnine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to
present, each of whom the City's attomey may cross-examine. The Administrative Law Judge may
in addition heaz relevant and material testimony from persons not presented as witnesses by either
parry who have a substantial interest in the outcome of the proceeding; for example, the owners or
occupants of property located in close proximity to the licensed premises may have substantial
interest in the outcome of the proceeding. Concluding azguments 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 by the City Council.
You should bring to the hearing ail documents, records and witnesses you will or may need to
support your position. Subpoenas may be available to compel the attendance of wimesses or the
production of documents in confornuty 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 sripulation or agreement can be reached as to the
facts, that stipulation will be presented to the Administrative Law 3udge for incorporation into his
or her recommendation for Council action.
Notice of Hearing - Page 2
� �
If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the
allegations against you which have been stated earlier in this notice may be taken as #rue. If non-
public da#a 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.
If you have any questions, you can call me at 266-8710.
Very truly yours,
J u � ��-K.ri�
C��
Virginia D. Palmer
Assistant City Attorney
cc: Nancy Thomas, Office of Administrative Hearings, 100 Washington Square, Suite 1700,
Mpls, MN 55401
Nancy Anderson, Assistant Council Secretary, 310 City Hall
Robert Kessler, Director, LIEP
Cluistine Rozek, LIEP •
Bruce Sylvester, Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne
Ave., St. Paul, MN 55101
Notice of Hearing - Page 3
i�
.a� ; 1
�
STATE OF MINNESOTA
COUNTY OF RAMSEY
�
ss. AFFIDAVIT OF SSRVICE BY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on June 12, 1998, she served the attached NOTICE OF HEARING on
the following named person by placing a true and correct copy
thereof in an envelope addressed as follows:
Mr. Michael M. Feist
Arcade Bar
932 Arcade Street
St. Paul, MN. 55106
(which is the last known address of said person) and depositing the
same, with postage prepaid, in the United States mails at St. Paul,
Minnesota.
Subscribed and sworn to before me
this 12th da�of Jy�e,_1998.
PETER P.PANG80RN
NOTARY PUBLIC - MINNESOTA
IY Comm. E�ires.lan.37.2�
Sec. 310.05. Hearing procedures.
(a) Adverse action; notice and hearing requirements. In any case where the council may
or intends to consider any adverse action, including the revocarion or suspension of a license, the
imposition of conditions upon a license, or the denial of an application for the grant, issuance or
renewal of a license, or the disapproval of a license issued by the State of Minnesota, the
applicant or licensee sha11 be given notice and an opporhxnity to be heazd as provided herein. The
council may consider such adverse actions when recommended by the inspector, by the director,
by the director of any executive depaztment established pursuant to Chapter 9 of the Charter, by
the city attorney or on its own initiative.
(b) Notice. In each such case where adverse action is or will be considered by the council,
the applicant or licensee sha11 have been notified in writing that adverse action may be taken
against the license or application, and that he or she is enfitled to a hearing before action is taken
by the council. The notice shall be served or mailed a reasonable time before the hearing date,
and shall state the place, date and time of the hearing. The nofice shall state the issues involved
or grounds upon which the adverse acrion may be sought or based. The council may request that
such written notice be prepazed and served or mailed by the inspector or by the city attomey.
(c) Hearing. Where there is no dispute as to the facts underlying the violation or as to the
facts establishing mitigating or aggravating circumstances, the hearing sha11 be held before the
council. Otherwise the hearing shall be conducted before a hearing examiner appointed by the
council or retained by contract with the city for that purpose. The applicant or the licensee shall
be provided an opportunity to present evidence and azgument as well as meet adverse testimony
or evidence by reasonable cross-examination and rebuttal evidence. The hearing examiner may in
its discretion permit other interested persons the opportwuty to present testnnony or evidence or
otherwise participate in such hearing.
(o-l) Procedure; hearing examiner. The hearing examiner shall hear all evidence as may
be presented on behalf of the city and the applicant or licensee, and shall present to the council
written findings of fact and conclusions of law, together with a recommendation for adverse
action.
The council shall consider the evidence contained in the recard, the hearing examiner's
recommended fmdings of fact and conclusions, and shall not consider any factual testimony not
previously submitted to and considered by the hearing examiner. After receipt of the hearing
examiner's findings, conclusions, and recommendations, the council shall provide the applicant
or licensee an opportunity to present oral or written arguments alleging enor on the part of the
exatniner in the application of the law or interpretation of the facts, and to present argument
related to the recommended adverse action. Upon conclusion of that hearing, and after
considering the record, the exaininer's findings and recommendations, together with such
additional azguments presented at the hearing, the council shall determine what, if any, adverse
action shall be taken, which action shall be by resolution. The council may accept, reject or
modify the findings, conclusions and recommendations of the hearing examiner.
(c-2) Fx parte contacts. If a license matter has been scheduled for an adverse hearing,
council members shall not discuss the license matter with each other or with any of the parties or
interested persons involved in the matter unless such discussion occurs on the record duting the
hearings of the matter or during the counciPs final deliberations of the matter. No interested
person shall, with knowledge that a license matter has been scheduled for adverse hearing,
convey or attempt to convey, orally or in writing, any information, azgument ar opinion about the
matter, or any issue in the matter, to a council member or his or her staff until the council has
taken final action on the matter; provided, however, that nothing herein shall prevent an inquiry
or communications regarding status, scheduling or procedures conceming a license matter. An
interested person, for the purpose of this pazagraph, shall mean and include a person who is an
officer ar employee of the licensee which is the subject of the scheduled adverse hearing, or a
person who has a financial interest in such licensee.
(d) Licensee or applicant may be represented. The licensee or applicant may represent
himself or choose to be represented by another.
(e) Record,• evidence. The hearing examiner shall receive and keep a record of such
proceedings, including testimony and e�chibits, and shall receive and give weight to evidence,
including heazsay evidence, which possesses probative value commonly accepted by reasonable
and prudent persons in the conduct of their afFairs.
( fl Council action, resolution to contain f:ndings. Where the council takes adverse action
with respect to a license, licensee or applicant for a license, the resolution by which such action
is taken shall contain its findings and determinafion, including the imposition of conditions, if
any. The council may adopt a11 or part of the findings, conclusions and recommendations of the
hearing examiner, and incorporate the same in its resolution takiug the adverse action.
(g) Additional procedures where required. Where the provisions of any statute or
ordinance require addifional notice or hearing procedures, such provisions sha11 be complied with
and shall supersede inconsistent provisions of these chapters. This sha11 include, without
limitation by reason of this specific reference, Mimiesota Statutes, Chapter 364 and Minnesota
Statutes, Section 340A.415.
(h) Discretion to hear notwathstanding withdrawal or surrender of application or license.
The council may, at its discretion, conduct a hearing or direct that a hearing be held regarding
revocation or denial of a license, notwithstanding that the applicant or licensee has attempted or
purported to withdraw or surrender said license or application, if the attempted withdrawal ar
surrender took place after the applicant ar licensee had been notified of the hearing and potential
adverse action.
(i) Continuances. Where a hearing for the purpose of considering revocation or
suspension of a license ar other disciplinary acfion involving a license has been scheduled before
the council, a continuation of the hearing may be granted by the council president or by the
council at the request of the licensee, license applicant, an interested person or an attorney
representing the foregoing, upon a showing of good cause by the pariy making the request.
(j} If the c�uncil unposes an adverse action as defined in section 310.01 above, a generic
notice of such action shall be prepazed by the license inspector and posted by the licensee so as to
be visible to the public during the effective period of the adverse action. The licensee shall be
responsible for taking reasonable steps to make sure the notice remains posted on the front door
of the licensed premises, and failure to take such reasonable precautions may be grounds for
fiuther adverse action.
(k) Imposition of costs. The council may impose upon any licensee or license applicant
some or all of the costs of a contested hearing before an independent hearing examiuer. The costs
of a contested hearing include, but aze not Innited to, the cost of the administrative law judge or
independent hearing examiner, stenographic and recording costs, copying costs, city stafF and
attomey tirne for which adequate records have been kept, rental of rooms and equipment
necessary for the hearing, and the cost of e�cpert witnesses. The council may impose all or part of
such costs in any given case if (i) the posirion, claim or defense of the licensee or applicant was
frivolous, azbitrary or capricious, made in bad faith, or made for the purpose of delay or
harassment; (ii) the nature of the violation was serious, or involved violence or the threat of
violence by the licensee or employees thereof, or involved the sale of drugs by the licensee or
employees thereof, and/or the circumstances under which the violation occurred were aggrauated
and serious; (iii) the violation created a serious danger to the public health, safety or welfare; (iv)
the violation involved unreasonable risk of harm to vulnerable persons, or to persons for whose
safety the licensee or applicant is or was responsible; (v) the applicant or licensee was
sufficiently in control of the sihaation and therefore could haue reasonably avoided the violation,
such as but not 1'united to, the nonpayxnent of a required fee or the failure to renew required
insurance policies; (vi) the violation is covered by the matrix in section 409.26 of the Legislative
Code; or (vii) the violation involved the sale of cigazettes to a xninor.
(1) Imposition of fines. The council may impose a fine upon any licensee or license
applicant as an adverse license acfion. A fine may be in such amount as the council deems
reasonable and appropriate, hauing in mind the regulatory and enforcement purposes embodied
in the particulaz licensing ordinauce. A fine may be in addition to or in lieu of other adverse
action in the sole discretion of the council. To the extent any other provision of the Legislative
Code provides for the imposifion of a fine, both provisions shall be read together to the eactent
possible; provided, however, that in the case of any conflict or inconsistency, the othex provision
shall be controlling.
(Code 1956, § 510.05; Ord. No. 17551, § 2, 4-19-88; Ord. No. 17559, §§ 1, 2, 5-17-88; Ord. No.
17659, § 1, 6-13-89; Ord. No. 17911, § 1, 3-10-92; C.F. No. 94-46, § 7, 2-2-94; C.F. No. 94-898,
§§ 2, 3, 7-13-94; C.F. No. 94-1340, § 2, 10-19-94; C.F. No. 95-473, § 4, 5-31-95)
Sec. 310.06. Revocation; suspension; adverse actions; imposition of conditions.
(a) Councid may take adverse action. The council is authorized to take adverse action, as
defined in section 310.01 above, against any or alllicenses or permits, licensee or applicant for a
license, as provided in and by these chapters. Adverse actions against entertainment licenses
issued under Chapter 411 of the Legislative Code may be inifiated for the reasons set forth in
subsection (b) below, or upon any lawful grounds which are communicated to the license holder
in writing prior to the hearing before the council. Such actions shall be initiated and carried out in
accordance with the procedures outliue in secfion 310.05; provided, however, that the format
notice of hearing shall be used to initiate the adverse action without the use of prior procedural
steps.
(b) Basis for action. Such adverse action may be based on one (1) or more of the
following reasons, which aze in addition to any other reason specifically provided by law or in
these chapters:
(1) The license or pernut was procuted by misrepresentation of material facts, fraud,
deceit or bad faith.
(2) The applicant or one (1) acting in his or her behalf made oral or written
misstatements or misrepresentations of material facts in or accompanying the
application.
(3) The license was issued in violation of any of the provisions of the Zoning Code,
or the premises which are licensed or which aze to be licensed do not comply with
applicable health, housing, fire, zoning and building codes and regulations.
(4) The license or permit was issued in violation of law, without authority, or under a
material mistake of fact.
(5) The licensee or applicant has failed to comply with any condition set forth in the
license, or set forth in the resolution granting or renewing the license.
(6) a.
The licensee or applicant (or any person whose conduct may by law be imputed to the licensee or
applicant) has violated, or performed any act which is a violation of, any of the provisions of
these chapters or of any statute, ordinance or regulation reasonably related to the licensed
activity, regardless of whether crnninal charges have or have not been brought in connection
therewith;
b. The licensee or applicant has been convicted of a crune that may
disqualify said applicant from holding the license in question under the
standards and procedures in Minnesota Statutes Chapter 364; or
a The licensee or applicant (or any person whose conduct may by law be
imputed to the licensee or applicant) has engaged in or permitted a pattem
or practice of conduct of failure to comply with laws reasonably related to
the licensed acrivity or from which an inference of lack of fitness or good
character may be drawn.
(7) The acfivities of the licensee in the licensed activity created or have created a
serious danger to the public health, safety or welfaze, or the licensee performs or
has performed his or her work or activity in an unsafe manner.
(8) The licensed business, or the way in which such business is operated, maintains or
permits conditions that unreasonably annoy, injure or endanger the safety, health,
morals, comfort or repose of any considerable number of inembers of the public.
(9) Failure to keep sidewalks or pedestrian ways reasonably free of snow and ice as
required under Chapter ll4 of the Saint Paul Legislative Code.
(10) The licensee or applicant has shown by past misconduct or unfair acts or dealings:
physical abuse, assaults or violent actions done to others, including, but not
limited to, actions meeting the definition of criminal sexual conduct pursuant to
Minnesota Statutes Sections 6Q9342 through 609.3451; sexual abuse, physical
abuse or maltreahnent of a child as defined in Minnesota Statutes Section
626.556, subdivisions 2 and 10e, including, but not limited to, acts which
constitute a violation of Minnesota Statutes Sections 609.02, subdivision 10;
609321 through 6093451; or 617.246; neglect or endangerment of a child as
defined in Minnesota Statutes Section 626.557, subdivision 2; the manufaciure,
distribution, sale, gift, delivery, transportation, exchange or barter of a controlled
substance as defined in Minnesota Statutes Chapter 152; the possession of a
controlled substance as defined in Minnesota 5tatutes Chapter 152 in such
quantities or under circumstances giving rise to a reasonable inference that the
possession was for the purpose of sale or distribution to others; or by the abuse of
alcohol or other dnxgs, that such licensee or applicant is not a person of the good
moral character or fitness required to engage in a licensed activity, business or
profession.
(11) The licensee or applicant has materially changed or permitted a material chattge in
the design, construction or configuration of the licensed premises without the
prior approval of the city council in the case of Class III licenses, the director in
the case of Class II licenses, and the inspector in the case of Class I licenses, or
without first having obtained the proper building permits from the city.
(12) The licensee or applicant has violated section 294.01 of the Legislative Code, or
has made or attempted to make a prohibited ex parte contact with a council
member as provided in section 310.05(a2) of the Legislative Code.
The terms "licensee" or "applicant" for the purpose of this section sha11 mean and include any
person who has any interest, whether as a holder of more than five (5) percent of the stock of a
corporation, as a partner, or otherwise, in the premises or in the business or activity which aze
licensed or proposed to be licensed.
With respect to any license for activities entitled to the protection of the First Amendment,
notwithstanding the foregoing provisions, neither the lack of good moral character or fitness of
the licensee or applicant nor the content of the protected speech or matter shall be the basis for
adverse action against the license or application.
(c) Imposition of reasonable conditions andlor restrictions. When a reasonable basis is
found to impose reasonable conditions and/or restrictions upon a license issued or held under
these chapters, any one (1) or more such reasonable conditions and/or restricfions may be
imposed upon such license for the purpose of promoting public health, safety and welfaze, of
advancing the public peace and the elimination of conditions or actions that constitute a nuisance
or a detriment to the peaceful enjoyment of urban life, or promoting security and safety in neazby
neighborhoods. Such reasonable conditions and/or restrictions may include or pertain to, but are
not limited to:
(1) A lnnitation on the hours of operation of the licensed business or establishment,
or on particular types of activities conducted in or on said business or
establishment;
(2) A lnnitation or restricfion as to the location within the licensed business or
establishment whose [sic] particular type of activities may be conducted;
(3) A limitation as to the means of ingress or egress from the licensed establishment
or its parking lot or unmediately adjacent area;
(4) A requirement to provide off-street parking in excess of other requirements of
law;
(5) A limitation on the manner and means of advertising the operation ar merchandise
of the licensed establishment;
(6) Any other reasonable condition or restriction limiting the operation of the licensed
business or establishment to ensure that the business or establishment will
hannonize with the character of the area in which it is located, or to prevent the
development or continuation of a nuisance.
T'he inspector may impose such conditions on Class I licenses with the consent of the license
holder, or may recommend the imposition of such conditions as an adverse action against the
license or licenses; the inspectar 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 license holder,
or upon any class of license as an adverse action against the license or licenses following notice
and hearing as may be required. Such conditions may be imposed on a license or licenses upon
issuance or renewal thereof, or upon and as part of any adverse acfion against a license or
licenses, including suspension. Conditions imposed on a license or licenses shall remain on such
licenses when renewed and shall continue thereafter until removed by the council in the case of
conditions on Class III licenses or conditions imposed by adverse action, and by the inspector in
the case of Class I and II licenses.
(d) Standards for multiple Zicense determination. In any case in which the council is
authorized to take adverse action against less than all of the licenses held by a licensee, or
applied for by an applicant, the following standards may be used:
(1)
�2)
(3)
(4)
(5)
(6}
�7)
The nature and gravity of the grounds found by the council to exist upon which
the adverse action would be based;
The policy and/or regulatory goals for the particulaz licenses involved, either as
embodied in the Legislafive Code or as found and detennined by the council;
The interrelationship of the licenses and their relative importance to the overall
business enterprise of the licensee or applicant;
The management practices of the licensee or applicant with respect to each of
such licenses;
The extent to which adverse action against less than all of the licenses or
applications would result in difficulty in enforcing and monitoring the adverse
action taken;
The hardship to the licensee or applicant that would be caused by applying
adverse action to a111icenses or applications; and
The hardship and/or danger to the public, or to the public health and welfaze, that
would result from adverse acrion against less than all of the licenses or
applications.
(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; Ord. No. 17901, §§ 2, 3, 1-14-92; Ord. No. 17917, §§ 2, 3, 3-31-92; Ord.
No. 17922, § 1, 4-28-92; C.F. No. 94-500, § 3, 7-6-94; C.F. No. 94-1340, § 3, 10-19-94; C.F.
No. 95-473, § 5, 5-31-95)
� � OPFICS OF TRS CITY ATTORNSY
Peg BUk, City Aaarrtey
CITY OF SAINT PAUL __ :;; � :'.' � �J �:rnNU�o„ �
Norm Co/emnn, Mayor 400 Gty Hal! 7e(ephorsc 612 266-8770
J� �IJi7 � j ��� �� �� ]SA'eslReQaggBlvd Facsi�le:67119R5679
Saint Pau� M'uueesota SSIO2
i 7y.��� � :i.�.l 14:.
���. ���i:7�
June 10, 1998
NOTICE OF HEARING
Mr. Michael M. Feist
Arcade Baz
932 Arcade Street
Saint Paul, Minnesota 55106
RE: A11 licenses held by Bram Corporation d/b/a Arcade Bar
for the premises located at 932 Arcade St. in St. Paul
License ID No.: 16204
Our File Number: G98-0206
Deaz Mr. Feist:
Please take notice that a hearing will be held at the following tune, date and piace concerning all
licenses for the premises staied above:
Date: Friday, July 10,1998
Time: 9:30 a.m.
Piace: Room 41
St Paul City Hall
15 W. Kellogg Blvd.
St. Paul, MN. 55102
The hearing will be presided over by an Administrative Law Judge from the State of Minnesota
Office of Administrative Hearings:
Name: Jon Lunde
Office of Administrative Hearings
100 Washington Square, Suite 1700
Minneapolis, MN. 55401
Telephone: 341-7645
�7
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 seetions 310.05
and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non-
intoxicating liquor, authority is aiso conveyed by Minnesota Statutes section 340A.415. Adverse
action may include revocation, suspension, fines and other penalties or conditions.
Evidence will be presented to the judge which may lead to adverse action against all the licenses you
hold at the above premises as follows:
The certificate of occupancy for the building at 932 Arcade Street was revoked
on December 2, 1997. Saint Paul Legislative Code §310.06(b)(3) permits
adverse action to be taken if the licensed premises °do not comply with
applicable health, housing, fire, zoning and building codes and regulations."
Because the certificate of occupancy has been revoked the license premises are
no longer in compliance with the applicable rules and regulations.
You have the right to be represented by an attorney before and during the hearing or you can
represent yourself. You may also have a person of your choice represent you, to the extent not
prohibited as unauthorized pracrice of law '
The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections
14.57 to 14.62 and such parts af the procedures under section 310.05 of the Saint Paul Legislative
Code as may be applicable.
At the hearing, the Adcuinistrarive Law Judge will have all parties identify thexnselves for the record.
The City will then 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's attomey may cross-examine. The Administrative Law Judge may
in addition heaz relevant and material testimony from persons not presented as wimesses by either
parry who have a substantiai interest in the outcome of the proceeding; for example, the owners or
occupants of property located in close pro�mity 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 prepaze Findings of Fact, Conclusions of Law, and a specific
recommendation for action to be taken by the City Council.
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 resoived or settled without a formal hearing, please contact or
have your attomey contact the undersigned. If a stipulation or agreement can be reached as to the
facts, that stipula6on will be presented to the Administrative Law Judge for incozporation into his
or her recommendation for Council action.
Notice of Hearing - Page 2
If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the
allegations against you which have been stated earlier in this notice may be taken as #rue. 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.
If you have any questions, you can call me at 266-8710.
Very truly yours,
J v � �vwvl
��i �
Virginia D. Palmer
Assistant City Attorney
cc: Nancy Thomas, Office of Administrative Hearings, 100 Washington Square, Suite 1�00,
Mpls, MN 55401
Nancy Anderson, Assistant Council Secretary, 310 City Hall
Robert Kessler, Director, LIEP
Christine Rozek, LIEP
Bruce Sylvester, Community Organizer, Payne Phalen Dist 5 Planning Counci1,1014 Payne
Ave., St. Paul, MN SS101
Notice o£ Hearing - Page 3
,�
t , ,
COURT OF APPEALS NUMBER:CX-98-1496
INDEX OF COIINCIL FILE (C.F.) 98-698
, DOC. DATB
NIIMBBR
DESCRIPTIQN
I3IIt�IDER
OF
PAGPs5
l. 8-5-98 Resolution and Green Sheet denying the 3
(date license application of 5005 Properties,
adopted Inc. d/b/a Hillcrest Bingo and adopting
by the Report of the ALJ with exceptions and
Council) amendments
F
3
7-20-98 Letter from District 2 Community Council
Attorney Mark Vaught regarding License
Application of 5005 Properties, Inc. d/b/a
Hillcrest Bingo
6-25-98 Letter from City Attorney to Mr. Joseph W.
Anthony announcing date of City Council
Hearing
E
`
4. 6-19-98 Letter from the State of Minnesota Office 1
of Administrative Hearings to the City
Clar'=: transmitting the Findings of Fact,
Conclusions and Recommendation for license
application of 5005 Properties, Inc. d/b/a
Hillcrest Bingo
5. 6-19-98 State of Minnesota Office of 13
Administrative Hearings for the City of
Saint Paul Findings of Fact Conclusions
and Recommendation -
6. 4-9-98
7. 11-6-97
8. 10-28-97
9. 12-8-97
10. 12-10-97
11.
12.
13.
14.
1-98
2-2-98
2-19-98
2-19-98
List of City's Proposed E�ibits for the
Administrative Hearing regarding the
license application for 5005 Properties,
Inc. d/b/a Hillcrest Bingo
Bingo Hall License Application
L.I.E.P. Review Checklist
Letter from Ken Ford to L,arry Saliterman
Letter from Lawrence Zangs to Larry
Saliterman
List of Bingo Halls located in Saint Paul
Letter from Bill Gunther to Robert Levine
Agreement on license conditions
Proposed Resolution with license
conditions
15. n/a Duplicate copy of index items #7-14
16. 11-19-97 Fax from Bob Minks to Larry Zangs
regarding tenant hours at Hillcrest
Shopping Center
2
15
1
1
1
1
1
1
1
22
5
17. 11-14-97
18. Undated
19
20
21
22
23
24
25
26
Fax of floor plan
Tenant floor plan of Aillcrest Shopping
Center
10-28-97 Fax of Hillcrest 1997 Rent Roll
Undated Hillcrest Bingo Square Foot Calculations
12-10-97
4-21-98
�=�j
Site Plan map (11��x16.5") labeled Exhibit
A
Fax of letter from Joseph Anthony to
Administrative Law Judge regarding filing
of briefs
Fax of letter from Joseph Anthony to
Administrative Law Judge in response of
Mark Vaught's letter dated April 3, 1998
4-3-98 Fax of letter from Mark Vaught to
Administrative Law Judge regarding
Prehearing Statement of District 2
Community Council
4-1-98
3-31-98
Letter and fax duplicate from Mark Vaught
to Administrative Law Judge
Letter from Joseph Anthony to
Administrative Law Judge in response to
letter dated March 27, 1998
27. 3-27-98 Letter from Administrative Law Judge to
Virginia Palmer, Gerald Frisch, Mark
Vaught and Steven Phillips regarding
letter from Mark Vaught dated March 26,
1998
28. 3-26-98
29. 3-24-98
30. 3-23-98
31. 3-18-98
32. 3-13-98
33. 3-6-98
Letter and fax duplicate from Mark Vaught
to Administrative Law Judge
Letter from Administrative Law Judge to
Ann Woods, Marjorie Barnard, Mickey
Michlitsch, Gary Unger and Karen Swenson
Letter from Virginia Palmer to
Administrative Law Judge in response to
letter dated March 18, 1998
Letter from Administrative Law Judge to
Virginia Palmer regarding motion mailed on
March 13, 1998
Letter from Virginia Palmer to
Administrative Law Judge including Pre-
hearing Motions
Letter from Virginia Palmer to Gerald
Frisch regarding Notice of Hearing
1
1
1
1
1
3
5
4
6
2
2
6
2
2
1
5
3
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
12-10-97
n/a
Undated
3-6-98
n/a
12-10-97
Site Plan map labeled as City's Exh. No. 9
Saint Paul Legislative Code 62.103,
310.05-07 and 403 with duplicate copies
of each Chapter.
Hours and parking for businesses on East
side of White Bear Avenue
Letter from Michael Pan to Scott Renstrom.
Duplicate copies of exhibits (letter and
map)
Site Plan map, Applicant Exhibit #1
Undated 2 photographs (and duplicates of each),
Applicant Exhibit #4 & #5
Undated Hillcrest Center parking lot count (and a
duplicate) Applicant Exhibit #2
9-22-97 Letter from Tim Dornfeld to Andrea Aayden
(and a duplicate) Applicant Exhibit #3
Undated Saint Paul Legislative Code 62.102,
Exhibit B
Undated
�
Hours and parking for businesses on East
side of White Bear Avenue (duplicate)
Exhibit C
Letter from Michael Pan to Scott Renstrom
(DUplicate) Exhibit D
4-20-98 Letter from Joseph Anthony to
Administrative Law Judge including
Applicant's Memorandum in Support of
Issuance of the License
4-20-98 Letter from Mark Vaught to Administrative
Law Judge including the Final Argument of
the District 2 Community Council
4-21-98 Fax copy of Letter from Mark Vaught to
Administrative Law Judge including the
Final Argument of the District 2 Community
Council
4-20-98 Letter from Virginia Palmer to
Administrative Law Judge including the
City's Final Argument
4-23-98 Letter from Joseph Anthony to
Administrative Law Judge regarding
Applicant's Reply Brief and proposed
Findings of Fact
4-24-98 Letter from Virginia Palmer to
Administrative Law Judge including the
City's Reply Brief
1
54
1
1
2
1
4
2
4
7
1
1
15
9
9
8
8
8
Rule 114-� v+ llant has the obligab� of notifi"inB t�'e
ellatC � ap � of the argument or submis
or after t�'e record is traT'S�� tO �e apP or e]erk of the �� courc ��sn the record
sion date so that the elerk ma. at yhe proper tune'
eourt, or �e aPPellate court, on motion by a Pa?'t�' ��e �lerk of Supreme Court
te � direet that the omission or len � the clerk
on its o� ��'� ' and if neeessazY that a n7armally, sueh notice should be gi'
ent be �ai'�'e�d, S �� y d, o f � myl eovrt a a�eek before the 30day period.
misstatem a roced and ttan bu;l+y or v;eight�' extubits,
supplementa� Tecord be PP If � �ecord conta'u�s �� for the
[j]] other questions as to the form lla� e0� °f � t � p�; must make spe
reeord shaIl be PTesented to the appe
prtation of such e�bits tn the Supreme
adopted Dec. 7, 1967, eff. Feb. 1, 1968. �.mended Jun 7983. Co�w't.
1983, eff. Aug. 1, 19&3; \oc. 10, 1983, eff, aug. 1 ,
���ry Committee �ote--lg g }11.02. Exhibits andModels cQ� d�ket
Rule 110.05. T4ii rule is substan��'% the same .� y,�},je of the tase and the appe
p. SO(e) and Fed.R.Ci�.P• i�(a>� aT'd number shall be endorsed upon all e�bits sent t,o �e
� as P.F��R'�'p roeedure £ormerly re- the appeuate �°�' E�bits a�d models
� cmnherome P the tiial eow't adininish'atAr �tith
replaces the
q �.� b ntinn.R.Cic.P. 09.07 to secm'e a settled �,�1 be returned t° or �ger PTOCe
� the remittitur when a neK � t of the appellate court
are ordered, but if the judgm
is final and neither a new trial nor fi': a� po°.�amay
giSLE 11L TRA.NS>fISSION OF TxE RECORD �e ordered, �e cierk of the aPi�
Rule 111.01. '11'ansmission of Record; Time y � y �ibits and models unless called for by
of dhe p within 3� days after entrY of the 3ud�'e
�r�ty,;n 10 days aftea' the due date for the �'S a � CQ �
llant's brief, the t�''al eourt adTmn'Sti'at°r shall of the appell 1, 1983;
the appe ellate 79�5; June 17, 1953> eff- Aug.
tp the clerk of the app Feb. 14, ,� 19�. Dec. 6, 1991, eff. Jan� 1,
�,rynsmit the record 19 � y g, Aug.
eourts, together with a numbered itemized list in �� d
quadruPlicate of all docum ea aanna h deS- Nov. i0> Hearing in
+ in tke record, identifi'ing .blt sha� be en- ord for PreliminarY
' llate court docket m"nber and Rule 111.03.._ �
niteness; eaeh document and � the Appellate Courts t � a a
} dorsed with the appe for a
�, corresponding number from the itemized ��T� t � P tp the Sime the record �s �� On �
� }Mal court, admic�strdt°r shall send a copy bi � � desires to make" a motion for �T�S��
A pa rtY haG-ing Possession o£ exhi �- p taY P aPPey�� for additiona] seeuritY
to a11 Part��� e rsedeas bond, or for any
�t shall trazLSm�t them with an itemized list in quadruP eal,or ° tliestaial court adm�n�strator at
! cate to t�e �1erk of tl�e apPellate Fourt� `II1� 10 daYs bond on_app t �� e apP
of the respondent's intermediate order, � sha11 trdmsn" el
! after the due date for e ad� ��T,�"gements �th �e request of an� Df �e original re�ord W�� �
� brie£..A P�Y shall � of bu1kY or weighty exhbits late court those p
� the clerk for the delivery � ��d �.om the party� designates•' 1983;
t eff. Aug. 1,
Amended Feb. 14, 1975; June 1?, 19 �+ � 1,
' and for the cost of ti'anSPor�''� Ang: 1, 7983; Dee. 6, 1991, eff� ._
� appy�ate cov�s. �'�'smission of the re�ord is effect- Nov. i0, 1983,
ed when the trial eourt administ�'at°r mails ar other- eff- y
� wise forwards the record to the appellate courts. 1992.
Amended Feb. 14, 1975; 3une 1�� 1�' �' Aug. 1,
1953; q Disposition of Kecord after APPeai
Dee. 6, 1991, eff. Jan. i, Rule I11.0 . ea1, t1�e elerk of the
?Jov. 10, i983, eff. AuB. 1, 1983; ,- . UPOn the tennination of.the app ��
appellatg zcow-�s shall trans� the on�
' 1992. �, .- • -._ • ' r . � - and maY ta'an..°mit the
G ,_ � 1967 , to the State Law LibrarY �ourt adm�nistr'�
Advis�n, Co�nmittee Note--� � 1967. -
� gules 311.61 and 1i1.02 C� P''On'� remainder of the record,to tUe tnal_ �._.,
aad Rvle {,pr. ; : ., . .: - � 1983, eff. AuB: 1.,.19
In 1975 � Rute � l u mbered as ILule 11�1)• Tnese .�.,•� . 19?5, 3une 12, eff. Jan. 1
111.02 was P ll(a) and (b), Amended 19&4,� eff. Ang. 1, 1983; Dee. 6, 1991,
rules are sirnilar to P.Fed.RAPP� 1966). � � Nov: 10, , , ._ . �- '; : � ' .
and Fed.R.Civ.P. i5(e) (as amended, July i, 1992. :; ?- :-. Ts �:",, . . ,
subsYant.iaallY the Proeedure SI��� . -.. �
They modify ll h Tye appellant '' ered Rule 111.04 in 19751 �
��.r by,Minn.Sup.CtR. V, l�e ��.Pt a3th his brief .. Rule,111.05. , LR.enumb . . .. . , .. - ..
has the duty of filingdu� af transmission of_ the, ; , `_'? � , .. .. _
� and apPe� bri ai reecord to the SuPT�' _ °' .' , �-. : ., � .. ., ': � -
3 mmainder of ttie b"� r � ' 5EKYED
CodrL is �mposed on the elerk the trial eourt. .:. .�-� RULES 112 to 114. L� .
The cterk`of the trial eourE also must prepar"e � `-` : , t �s ut' FOR FIITUFCE USE)
- ydeq"uaf.� inde'x of the iecord iv the s� Paz'agi dPh c,w4; 442 �., _
,was.apeeifie8'.in•'Minn.SuP.Ct.R. V, .
��
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
Shari Moore, Deputy City Clerk, being first duly swom, deposes and says that on September 17,1998 she
served the attached:
Index to the Saint Paul City Council File I`TO. 98-698
upon the following attomey(s), individual(s) or corporation(s) by placing a true and conect copy thereof in
an envelope addressed as shocvn and depositing the same, with postage prepaid, in the United States mails
at Saint Paul, Minnesota.
Clayton Robinson
Saint Paul City Attorney
Virginia D. Palmer
Assistant Saint Paul City Attomey
Atty. Reg. No. 128995
15 West Kellogg Blvd, Suite 400
Saint Paul, MN
Attomeys for Respondent
Joseph W. Anthony
Gena A. Braaten,
Fruth & Anthony
Attomeys At Law
3750 IDS Center
80 South Eighth Street
Minneapolis, MN 55402
Attorneys for Relator
c=�2� �'/�"�
Subscribed and sworn to before me
this (� t �- day of ` ,Q�pf(y� �t_. , 19�
�
Notary Public
•AAAi W Vr �MM/J�MMA/�n/�Mh/�M/�MJ�M 1
�� DcBORAH A. WiLEY
� NOTARY PUBIIC-MtXNE507A
RRMSEYCOUNTY
My Comm. Expl+es Jan. 31, 2000
iVVyV�Iy1M^JWVVH�'J\n(�ryy� _
CITIZEN SERVICE OFFICE
Fiad Owusu, City Clerk
CITY OF SAINT PAUL
Norm Coleman, Mayor
170 Ciry Hall TeL: 651-266�989
15W.KelloggBou[eva�d Fax: 651-166-8689
SaintPau[, Mismesota 55702
September 17, 1998
Frederick K. Grittner
Office of the Clerk of the Appellate Courts
245 Minnesota Judicial Center
St. Paul, Minnesota
Re: 505 Properties, Inc., d/b/a Hiilcrest Bingo
Appellate Court File: CX-98-1496
Dear Sir:
Enclosed herewith please find an index and original copies of the Saint Paul City
Council's record in the above referenced matter. This is the City Council's compiete
record and its index.
By copy of this letter, the index is being sent to Attorneys for Relator and
Respondent, together with affidavits of service by Mail.
Sincerely,
��� ���
Shari Moore
Deputy City Clerk
cc: Clayton Robinson, City Attorney (index only)
Virginia Palmer, Assistant City Attorney (index oniy)
Joseph W. Anthony, Attorney at Law (index only)
Gena A. Braaten, Attorneys at Law (index only)
Council File # - qa3
Presented By
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Green Sheet # ���
ll
Referred To Committee: Date
1
2 RESOLVED, that the licenses held by Bram Corporation, d/b/a Arcade Baz for the
3 premises at 932 Arcade Street, are hereby suspended effective upon passage and signature of this
4 resolution, until such tnne as the building in which the licensed business is operated has a valid
5 Certificate of Occupancy.
7 FURTHER RESOLVED, that the findings of fact and conclusions of law of the
8 Administrative Law Judge Report in this case, dated August 20, 1998, are expressly rarified and
9 adopted as the written findings and conclusions of the Council in this matter, and the
10 recommendation of the AT,J is hereby adopted.
11
12 This Resolution is based on the record of the proceedings before the ALJ, including the
13 hearing on July 10, 1998, the documents and e�ibits introduced therein, and the deliberations of
14 the Council in open session on September 23, 1998.
15
16 A copy of this Resolution, as adopted, sha11 be sent by first class mail to the
17 Adminisirative Law Judge and to Michael Feist.
Requested by Department of:
Adoption Certified by Cou cil Secretary
By:
Approved by Mayor: D e l.
By'
By:
Foxm Approved �y City Atto ey
$Y � ' '� _ \/ ✓ `�Y' "]r�✓1
Approved by Mayor for Submission to Council
By:
Adopted by Council: Date ����
Council Offices
Dan Bostrom, 266-8660
A4UST 8E ON COUNCIL AGENDA BY (OP.Tc7
October 14, 1998 Consent Agenda
9/29/98
xu�wee wn
TOTAL # OF SIGNATURE PAGES
GREEN SHEET
9i-9a3
No K��' "' �°"�
u��� u��-
❑ arvwnontr ❑ mruaK _
❑ wuwcui�aav¢rsas ❑ w�w�a��mm�eera
❑ r�ronlox�smsr�xp ❑
(CLIP ALL LOCATIONS FOR SIGNATURE)
Concerning adverse action against licenses held by Bram Corporation, DBA Arcade Bar,
932 Arcade Street.
PIANNING CqMAA1SS10N
CIB COMMITTEE
CIVIL SERVICE CAMMISSION
RSONALSERVICE CON7RACi5 MUSTANSWER TNE FOLLOWIN6 QUES7ION5:
Has this perswJfrtn everxorked untle� a coMraU farthis department?
YES NO
Has Mis Pe��rm erer been a citY emPbYee?
YES NO
Does this Pa��rm P� a sititl ra[ normaOYW�� M' any arteM citY emPbY�
YES NO
IS this pefsoruhrtn a tergetetl ventloR
YES NO
� �„� �P �a�.r �. �'
��#e�'a aQi�'v.....�.�..sE ,�,., �
� ` -1 1 .�
IFAPPROVED
AMOUNTOFTRANSACTION
COST/REVRlUE BUDfiETED (GRCLE ON�
VES NO
SOURCE ACTIVRYNUMBER
INFORMAiION (EXFWt�
OFFICE OF THE CITY ATTORNEY
Ciayton M. Robinsox, !a, Ciry Attorney
CITY OF SAINT PAUL
Norm Ca[eman, Mayor
August 28, 1998
Mr. Michaei Fiest
Arcade Bar
932 Arcade Street
Saint Paul, Minnesota 55106
au� � � 3��a
Re: Licenses held by Bram Corporation d/b/a Arcade Baz for the premises located at 932
Arcade St. in St. Paul
Our File Number: G98-0206
Deaz Mr. Fiest:
Please take notice that a hearing on the report of the Administrative Law Judge concerning the
above-mentioned license has been scheduled for 5:30 p.m., Wednesday, September 23,1998,
in the City Council Chambers, T'hird Fioor, Saint Paul City Hall and Ramsey County
Courthouse.
You have the opportunity to file excepfions 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 testnnony taken at this hearing. The Council wiil
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 judgement and discretion.
Sincerely,
` f ��
��
Virginia . Palmer
Assistant City Attorney
cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall
Robert Kessler, Director, LIEP
Christine Rozek, LIEP
Civil Division
�f'g��
d00CiryHall Telephone:651266-8710
ISWestRelloggBlvd Faaimile:657198-5679
Saint P¢u� �nnesot¢ 55702
NOTICE OF COUA'CIL HEARING Gp� ��;�;.:.�: :_-�:;�gf
Bruce Sylvester, Community Organizer, Payne Phalen Dist. 5 Plazuiiug Council, 1014
Payne Ave., St. Paul, MN 55101
���g�
8-2111-11759-3
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE CITY OF SAINT PAUL
In the Matter of the Licenses held by
Bram Corporation, d/b/a Arcade Bar
FINDINGS OF FACT.
CONCLUSIONS AND
RECOMMENDATION
The above-entitled matter came for hearing before Administrative Law
Judge Jon L. Lunde commencing af 9:30 a.m. on Friday, July 10, 1998, in room
41 of the City Hall-Courthouse in St. Paul, Minnesota. The hearing was held
pursuant to a Notice of Hearing dated June 10, 1998. The record closed on
Augusf 17, 1998, when the City filed its proposed Findings of Fact, Conclusions,
and Recommendation.
Virginia D. Pa{mer, Assistant City Attorney, Civil Division, 400 City Hall, 15
West Keliogg Boulevard, St. Paui, Minnesota 55102, appeared on behalf of the
Office of License, Inspections, and Environmental Protection (LIEP). Michael
Fiest, the president and sole owner of the Bram Corporation, 932 Arcade Street,
St. Paul, Minnesota 55106, appeared on behalf ofi himseff and his corporation.
NOTICE
This Report contains a recommendation and not a final decision. The St.
Paul City Councii will make the finai decision after reviewing the record and may
adopt, reject or modify the Findings of Fact, Conclusions and Recommendation
contained herein. Pursuant to the St. Paul Legislative Code, Section 310.05(c-
1), the City Councii's final decision shall not be made until this Report has been
made available to the parties to the proceeding and they have been provided an
opportunity to present oral or written arguments alleging error on the part of the
Administrafive Law Judge in the application of the law or the interpretation of the
facts, and an opportunity to present argument relating to any recommended
adverse action. The applicant and any interested parties should contact the St.
Paul Cify Council, 310 City Hall, St Paul, Minnesota 55102 to ascertain the
procedure for presenting argument to the Council.
STATEMENT OF ISSUE
Section 310.06(b)(3) of the St. Paul Legislative Code permits adverse
action against any license or permits held by a(icensee if the licensed premises
"do not comply with applicabfe health, housing, fire, zoning and building codes
Kt
and regulations." The Certificate of occupancy for the premises at 932 Arcade
Street has been revoked and the deadline for challenging the revocation has
expired. Due to the revocation of the Licensee's certificate of occupancy, must
all licenses and permits of the Licensee be revoked?
Based upon ali of the proceedings herein, the Administrative Law Judge
makes the following:
FINDINGS OF FACT
1. Bram Corporation, d/b/a Arcade Bar, holds Liquor On-Sale Sunday,
Liquor On-Sale-C, Restaurant (C), Entertainment Class A, Cigarette and
Gambling licenses for the premises at 932 Arcade Street, St. Paul, Minnesota.
Ex. 4.
2. Michael Fiest is the president of Bram Corporatic�, and the property
owner at 932 Arcade Street, St. Pauf, Minnesota.
3. The buiiding at 932 Arcade Street consists of several apartments as
weli as the bar. The certificate of occupancy is issued for the entire buiiding.
4. By letter dated December 4, 1997, Mr. Fiest was notified that the
certificate of occupancy for 932 Arcade Street was revoked. The letter set a
date, January 7, 1998, for a reinspection of the property, and informed Fiest of
the building code violations which needed to be corrected before a certificate of
occupancy couid be reissued. Ex. 1.
5. By letter dated January 9, 1998, Fiest was informed that the
necessary requirements had not been met for renewal of the certificate of
occupancy. A new reinspection date and time was set for February 1 Q, 1998,
and a list of the necessary corrections was again provided. Ex. 2.
6. At the reinspection on February 11, 1998, the corrections needed to
obtain the certificate of occupancy had not been completed, and on February 12,
1998, a citation was issued to Fiest for occupying a building without a certificate
of occupancy. Ex. 3.
7. By letter dated May 12, 1998, Fiest was notified that the Office of
License, Inspections and Environmental Protection woutd be seeking adverse
action against all licenses held by Bram Corporation, d/b/a Arcade Bar, because
the building in which the business is {ocated did not have a valid ce�tificate of
occupancy. Ex.5. �
8. The Licensee submitted a timely request for hearing, and this
proceeding commenced. Ex. 6.
9. As of the date of the hearing, no certificate of occupancy had been
issued for the buitding and some of the necessary corrections stii{ remained
undone.
2
0��_9�
10. The Office of License, Inspections and Environmental Protection
recommended ihat all licenses held by Bram Corporation, d/b/a Arcade Bar, be
suspended until such time as a certificate of occupancy is renewed for the
building.
11. The Licensee admitted that his certificate of occupancy was
revoked and stipulafed that ifs licenses and permifs should be suspended until ail
necessary work on the premises is completed and a cerfificate of occupancy
obtained.
Based upon the foregoing Findings of Fact, the Administrative Law Judge
makes the foilowing:
CONCLUSIONS
1. The St. Paul City Council and the Administrative Law Judge have
jurisdiction in this matter pursuant to Minn. Stat. § 14.55 and the St. Paul
Legislative Code §§ 310.05 and 310.06.
2. The Notice of Hearing issued by the City was proper and all
applicable substantive and procedural requirements have been fuffilied.
3. The City bears the burden in this matter of proving by a
preponderance of the evidence that adverse action is warranfed with respect to
the licenses held by Bram Corporation, d/b/a Arcade Bar.
4. Section 310.06(b)(3) of the St. Paul legislative Code permits adverse
action to be taken against any license or permits held by the licensee if the
licensed premises "do not comply with applicable health, housing, fire, zoning,
and building codes and regulafions.°
5. The City has established by a preponderance of the evidence that
the building at 932 Arcade Street does not comply with health, housing, fire,
zoning and building codes and regulations, as evidenced by the letters sent to
the licensee/building owner detai(ing the corrections that needed to be made, and
the revocation of the certificate of occupancy, and that Licensee was aware of
the revocation of the certificate of occupancy.
Based upon the foregoing Conclusions, the Administrative Law Judge
makes the following:
RECOMMENDA710N
IT IS HEREBY RECOMMENDED: That the St. Paul City Council take
adverse action against the ficenses hefd by Bram Corporation, d/b(a Arcade Bar
3
, ..
q��qa�
by suspending said licenses until such time as a certificate of occupancy has
been issued for the building at 932 Arcade Streef.
Dated this 20th day o4August, 1998
_�o>. � Z w-...�
ON L. LUNDE
Administrative Law Judge
NOTICE
The City is respectfully requested to provide a copy of its {nal decision to
fhe Administrative Law Judge by first class mail.
Reporfed: Tape recorded, one tape.
Not transcribed.
0
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEA1tINGS
100 Washington Square, Suite 1700
100 Washington Avenue South
Minneapolis, Minnesota 55401-2138
August20,1998
�ECEiVEL'
��� 2 � 1998
Fred Owusu
City Clerk
170 City Hall
15 W. Kellogg Blvd.
St. Paul, Minnesota 55102
CI7Y CLEftK
RE: In the Matter of the Licenses held by Bram Corporation, d/b/a
Arcade Bar; OAH Docket No. 8-2111-11759-3.
Dear Mr. Owusu:
Enclosed and served upon you is the Findings of Fact, Conclusions and
Recommendation of the Administrative Law Judge in the above-entitled matter.
Also enclosed is the official record. The tape recording of the hearing wifl be sent
to you under separate cover. We are now closing our file.
Yours very truly,
JLL:Ic
Enclosure
cc: Virginia D. Palmer
Michael Fiest
� rfc.
� �. ��
N L. LUNDE
Administrative Law Judge
Telephone:612/341-7645
Providing Impartial Hearings for Government and Citizens
An Equal Opport Employer
Administretive Law Section & Administrative Services (612) 34'I-7600 � TDD No. (612) 341-7346 s Fax No. (612) 349-2665
STATE OF MINNESOTA)
) ss
COUNTY OF HENNEPIN)
AFFIDAVIT OF SERVICE BY U.S. MAIL
Louise C. Cooper, being first duly sworn, hereby deposes and says that
on the 20 dav of August, 1998, at the City of Minneapolis, county and state
aforementioned, she served the attached FINDINGS OF FACT, CONCLUSIONS
AND RECOMMENDATION: OAH Docket No. 8-2111-11759-3 by depositing in
the United States mail at said City of Minneapolis, a true and correct copy
thereof, properly enveloped, with first class postage prepaid and addressed to
the individuals named herein.
Fred Owusu
City Clerk
170 City Hail
15 W. Kellogg Blvd.
St. Paul, MN 55102
Virginia D. Palmer
Assistant City Attorney
Civil Division
400 city Hall
15 West Kellogg Blvd.
St. Paul. MN 55102
Michael Fiest
Bram Corporation
932 Arcade St.
St. Paul, MN 55106
p�..�,�,�.�.. C , ��
Louise C. Cooper
Subscribed and sworn to before me
this 20th day of August 1998.
Q �
Notary Public
� n �,,�.., __ , .,.�,'. LAVONREC3AN
�t,-� � , y ', NOTARYPUBUC—MINNESOTA
� nnyc`�mm E�,,,;�� �� .._�,.s` iiENNEPiNWUNTY
i 4
• � � • � � � , ��My Comm. Expitee Jen. 91. Z000
�
8-2111-91759-3
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE CITY OF SAINT PAUL
In the Matter of the Licenses held by
Bram Corporation, d/b/a Arcade Bar
FINDINGS OF FACT.
CONCLUSIONS AND
The above-entitled matter came for hearing before Administrative Law
Judge Jon L. Lunde commencing at 9:30 a.m. on Friday, July 10, 1998, in room
41 of the City Hall-Courthouse in St. Paul, Minnesota. The hearing was held
pursuant to a Notice of Hearing dated June 10, 1998. The record closed on
August 17, 1998, when the City filed its proposed Findings of Fact, Conclusions,
and Recommendation.
Virginia D. Palmer, Assistant City Attorney, Civil Division, 400 City Hall, 15
West Keilogg Boulevard, St. Paul, Minnesota 55102, appeared on behalf of the
O�ce of License, Inspections, and Environmental Protection (LIEP). Michael
Fiest, the president and sole owner of the Bram Corporation, 932 Arcade Street,
St. Paul, Minnesota 55106, appeared on behalf of himself and his corporation.
NOTICE
This Report contains a recommendation and not a final decision. The St.
Paul City Councii will make the final decision after reviewing the record and may
adopt, reject or modify the Findings of Fact, Conclusions and Recommendation
contained herein. Pursuant to the St. Paul Legislative Code, Section 310.05(c-
1), the City Council's final decision shall not be made until this Report has been
made available to the parties to the proceeding and they have been provided an
opportunify to present oral or written arguments alleging error on the part of fhe
Administrative Law Judge in the application of the law or the interpretation of the
facts, and an opportunity to present argument relating to any recommended
adverse action. The applicant and any interested parties should contact the St.
Paul City Council, 310 City Hall, St. Paul, Minnesota 55102 to ascertain the
procedure for presenting argument to the Council.
STATEMENT OF ISSUE
Section 310.06(b)(3) of the St. Paul Legislative Code permits adverse
action against any license or permits held by a licensee if the licensed premises
"do not comply with applicable health, housing, fire, zoning and building codes
�
and regulations." The Certificate of occupancy for the premises at 932 Arcade
Street has been revoked and the deadiine for challenging the revocation has
expired. Due to the revocation of the Licensee's certificate of occupancy, must
all licenses and permits of the Licensee be revoked?
Based upon all of the proceedings herein, the Administrative Law Judge
makes the following:
FINDINGS OF FACT
1. Bram Corporation, d/b/a Arcade Bar, holds Liquor On-Sale Sunday,
Liquor On-Sale-C, Restaurant (C), Entertainment Class A, Cigarette and
Gambling licenses for the premises at 932 Arcade Street, St. Paul, Minnesota.
Ex. 4.
2. Michael Fiest is the president of Bram Corporation, and the property
owner at 932 Arcade Street, St. Paul, Minnesota.
3. The building at 932 Arcade Street consists of several apartments as
we(I as the bar. The certificate of occupancy is issued for fhe entire bui(ding.
4. By letter dated December 4, 1997, Mr. Fiest was notified that the
certificate of occupancy for 932 Arcade Street was revoked. The letter set a
date, January 7, 1998, for a reinspection of the property, and informed Fiest of
the building code violations which needed to be corrected before a certificate of
occupancy could be reissued. Ex. 1.
5. By letter dated January 9, 1998, Fiest was informed that the
necessary requirements had not been met for renewal of the certificate of
occupancy. A new reinspection date and time was set for February 10, 1998,
and a list of the necessary corrections was again provided. Ex. 2.
6. At the reinspection on February 11, 1998, the corrections needed to
obtain the certificate of occupancy had not been completed, and on February 12,
1998, a citation was issued to Fiest for occupying a building without a certificate
of occupancy. Ex. 3.
7. By letter dated May 12, 1998, Fiest was notified that the Office of
License, Inspections and Environmental Protection wouid be seeking adverse
action against all licenses held by Bram Corporation, d/b/a Arcade Bar, because
the building in which the business is located did not have a valid certificate of
occupancy. Ex.5.
8. The Licensee submitted a timely request for hearing, and this
proceeding commenced. Ex. 6.
9. As of the date of the hearing, no certificate of occupancy had been
issued for the building and some of the necessary corrections stiil remained
undone.
2
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OFFICE OF TfIE CITY ATTORNEY
Clayton M Robinson, Jc, City Anomey
CITY OF SAINT PAUL
Norm Coleman, Mayor
— � (✓ ` � zt - ! ,� Civil Division
� 400 Ciry Hall
Q4�� t� p 0};5� ISWestKelloggBlvd
�,� n�:' •' �amtPaul,�rmesota55702
Te7ephone: 651266-8710
Facsimile: 65l 298-5619
August 13, 1998
The Honorable Jon Lunde
� . ' . J �L� J�SV� , `
Admiaustrative Law Judge
Office of Administrative Hearing
100 Washington Square, Suite 1700
Minneapolis, MN 55401
RE: In Re the Licenses held by Bram Corparation d/b/a Arcade Bar
Deaz Judge Lunde:
Enclosed please find proposed Findings of Fact, Conclusions and Recommendation in the above-
entitled matter. I have not provided a copy to the Licensee, but will do so if you wish.
Sincerely, ^
� % )
�-0-��
Virgini�
Assistant City Attorney
STATE OF MINNESOTA
OFFICE OF ADMINISTRATTVE HEARINGS
FOR TF� CITY OF SA1NT PAUL
In the Matter of the Licenses
held by Bram Corporation
d/b/a Arcade Bar
FINDINGS OF FACT,
CONCLUSIONS, AND
RECOMI��NDATION
The above-enfitled matter came on for hearing before Administrative Law Judge 7on
Lunde on July 10, 1998, in Room 41 of the City Hall-Courthouse, Saint Paul, Minnesota.
Virginia D. Palmer, Assistant City Attorney, 400 City Ha11, Saint Paul Minnesota, 55102
appeazed for the Office of License, Inspections and Environmental Protecfion. Michael Fiest,
President of Bram Coiporation, 932 Arcade Street, appeared on his own behalf. At the time of
the hearing, parties stipulated to the fact that the certificate of occupancy was revoked.
This Report is submitted to the Saint Paul City Council pursuant to Saint Paul Legislafive
Code §310.05 (o-l). This Report is a recommendation, not a final decision. The Saint Paul City
council will make the final decision after a review of the recard, The Council may adopt, reject
or modify the Findings of Fact, Conclusions and Recommendations contained herein.
STATEMENT OF THE ISSUE
The issue to be determined in this proceeding is whether the licenses held by Bram
Corporation, d/b/a Arcade Bar, should be suspended due to the revocation of the certificate of
occupancy for the building in which the licensed premises aze located.
FINDINGS OF FACT
1. Bram Corporation, d/b/a Arcade Bar, holds Liq_uor On-Sale Sunday, Liquor On-Sale -
C, Restaurant (C), Entertainment Class A, Cigarette and Gambling licenses for the premises 932
Arcade Street, Saint Paul, Minnesota. Exh. 4
2. Michael Fiest is the President of Bram Corporation, and the property owner at 932
Arcade Street, Saint Paul, Minnesota.
3. The building at 932 Arcade Street consists of several apartments as well as the baz.
The certificate of occupancy is issued for the entire building.
4. By letter dated December 4, 1997, Mr. Fiest was notified that the Certificate of
Occupancy for 932 Arcade Street was revoked. The letter set a date, 7anuary 7, 1998, for a
reinspection of the property, and informed Fiest of the building code violations which needed to
be corrected before a Certificate of Occupancy could be reissued. Each. 1
5. By letter dated January 9, 1998, Fiest was informed that the necessary requirements
had not been met for renewal of the Certificate of Occupancy. A new reinspection date and time
was set for Februazy 10, 1998, and a list of the necessary corrections was again provided. E�. 2
6. At the reinspection on Febniary 11,199$, the corrections needed to obtain the
Certificate of Occupancy had not been completed, and on Febniary 12, 1998, a citation was
issued to Fiest for occupying a building without a certificate of occupancy. E�3
7. By letter dated May 12, 1998, Fiest was notified that the Office of License,
Inspecfions and Environmental Protection would be seeking adverse action against all licenses
held by Bram Corporation, d!b/a Arcade Bar, because the building in which the business is
located did not have a valid Certificate of Occupancy. E�.S
8. The Licensee submitted a timely request for hearing, and this proceeding commenced.
Exh.6
9. As of the date of the hearing, no Certificate of Occupancy had been issued for the
building and some of the necessary corrections stiil remained undone.
10. The Office of License, Inspecrions and Environmental Pzotection recommended that
alllicenses held by Bram Corporarion, d/b/a Arcade Baz, be suspended unfil such fime as a
Certificate of Occupancy is renewed for the building.
CONCLU5IONS
i. The Saint Paul City council and the Administrative Law Judge have jurisdiction in this
matter pursuant to Minn. Stat. § 14.55 and Saint Paul Legislative Code §§310.05 and 310.06.
2. The Notice of Hearing issued by the City was proper and all applicable substantive
and procedural due procedural due process requirements have been fulfilled.
3. The City bears the burden in this matter of proving by a preponderance of the evidence
that adverse acfion is wananted with respect to the licenses held by Bram Corporation, d/b/a
Arcade Baz.
4. Section 310.06(b)(3) of the Saint Paul Legislative Code pernuts adverse action to be
taken against any license or permits held by the licensee if the licensed premises "do not comply
with applicable health, housing, fire, zoning, and building codes and regulations."
5. The City has established by a preponderance of the evidence that the building at 932
Arcade Street does not comply with health, housing, fire, zoning and building codes and
regulations as evidenced by the letters sent to the licensee/building owner detailing the
corrections that needed to be made, and the revoca6on of the certificate of occupancy, and that
Licensee was awaze of the revocarion of the certificate of occupancy.
Based upon the foregoing Conclusions, the Adiniuistrative Law Judge makes the
following:
RECOIvIMENDA'I'ION
IT IS HEREBY RESPECTFiJLLY RECOIvIIvIENDED: That the Saint Paul City Council
take adverse action against the licenses held by Bram Corporation, d/b/a Arcade Baz by
suspending said licenses until such time as a Certificate of Occupancy has been issued for the
building at 932 Arcade Street.
Dated this day of August, 1998.
JON LUNDE
Administrative Law Judge
NOTICE
The City is respectfully requested to provide a copy of its final decision to the
Administrative Law Judge by first class mail.
Reported: Tape recorded (not transcribed).
6.
%
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE COUNCIL OF
1'FIE CITY OF SAINT PAUL
In Re the Licenses held by
Bram Corporation d/b/a Arcade Baz
932 Arcade Street
CITY'S PROPOSED
EXHIBITS
July 10, 1998
TO: Judge Jon Lunde, Administrative Law Judge, Office of Administrative Hearings, 100
Washington Square, Suite 1700, Minneapolis, Minnesota 55401
The following cons6tutes a list of the City's proposed e�ibits for the Administrative Hearing
on July 10, 1998.
Exhibit No.
E�. No. 1
E�. No. 2
E�. No. 3
E�. No. 4
E�. No. 5
E�. No. 6
E�. No. 7
Description
Inspection Checklist #1 dated December 4, 1997 (8 pp.);
Inspecfion Checklist #2 dated January 9, 1998 (7 pp.);
Violation Information form dated Febniary 12, 1998, with attached citation
and license information (3 pp.);
Licensing information (1 p.);
Notice of Violation dated May 12, 1998, with Affidavit of Service
� PP•);
Licensee's letter requesting administrative hearing, mailed May 26, 1998
� P•);
Notice of Hearing dated June 10, 1998, with �davit of Service (4 pp.).
Also attached please find courtesy copies of applicable St. Paul Ciry ordinances:
St. Paul Legislative Code § 310.05
St. Paul Legislative Code § 310.06
Respectfully submitted this l Oth day of July, 1998.
( ���,P `
Virgini . Palmer
Assistant City Attorney
Office of The City Attorney
400 City Hall
15 West Kellogg Boulevard
Saint Paul, Minnesota 55102
(612)266-8710
1UL-67-95 05:36 pM ST.PAUL FIRE DEPT.
612 2?8 6255 P.08
pEAAkTMS�T OF fiRE aND 5AFETY SERVICES
7imorhy X. futtrr, Firr ChieJ
D1Y:SION Qfi FIRb PREYENTION
Sterers Zactard, Ftrc Nnrshn!
C1TY aF SAIN'I` PAUL
Nom: ('�lr»mn. Mtttv�r
AECEMBER 4, 3997
1 P!J East 6teventh S1rKf Tr7ryrhnne.• b12-228�623a
Saia! °nu�, i4NS5IQt Fc[Simflt: 612-228-6241
PtEASE �OT��PP4SI�IENT QAT£A�D 1`Ih�E
4-�--`��' ��.�:
P�ase meet ihB !A&p�t e! tie proQe� amJ Grlrtg k6ys
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�s2�n�cn�ssr aPpaintmeMc�I?�i� batwe�7:38and9�D4a.m,
SAIAI'f PAI7L MN 55105
RE: Cextificate of (�ccupaz�cy Revocatian
93? ARCAAE ST ARCADE BAR No. oi Uniis: 4
f3ear Prnperry Representative:
Your builaing was ins�ted on DECEMBER 2. 1997, for 1he renewa[ of the Cen[ficate af
Qecupaney. inasmuch sa y�u have failed Fa compty with the appiicablc rcquiremcnts in a
reasonable amount of time Without a{�scat, i� has became necessan,' to revoke the Certificate oi
Decupsney fOr tha atove•eaptioned loeation in accordaner with ScCtiai 33.05 of tha Saint Paal
Legislntive Cade.
T1�S5 LE'1TER S�.RVES AS OFFIClA1. NOT3CE OF• RBVOCATi(7IZ.
Scciion 39.�5, SuSdivision S of thc Saint Paul Legisla4ive Gade turiher provides that � Duilding
shalt Lc Occupied with0ut a Ce1'uCuate oT Occupaacy. Feilurc io vatatc the bui{dtng ar ewnply
nit1� the attadsed Corredians List t�}�.1AN[SAitY 4 T998, mzy resutt in a crtcninal citatinn.
Correetionc requiring cons��etion, efectrical, plum6ing, hcatin�, sprinkEer or ges piping wpr3:
mus[ 6e dane undex pernyit and wilh 17ie approW� aS llse Auiiding In�ec�ian and D+,�ign Aiv'ssitin,
35fl 5t. Pctcr Ste�et, 3nite 310, 5aint Paul, M��+�sots 35tOZ (�66-9U90).
If you havc any qucstions. }'olt may cantaet rne xt 228-6203.
Sinc�el�� ���
SRENT RICKGTSQN
Inspactor
CpRS-6
� e e icenses e Sy�ram orpora o�
— d!b/a Arcade Bar —
City's Exh. # 1
JUL-07-98 99:3� RM ST_PAUL FIRE DEPT. 612 228 6255 P.99
Pript Da(e: Ip(26l91{3)
n DaEC to be reinsp�ted: IOt30f47
�irrsr�cxrorr +c�cxz,rsx
CF41cEy; Id6�7 DATA CFL9NGE ( } USE GROjJP: A pCCUpA]y�y; �f�STAi1RetN y5�
a�.ac a�nxass: 932 ARCADE S'T AR�?�DE BAR
SQL'ARE FEE'f: 7S841N(t;vfSER OP UNITS: 4 INSPECT'OR: BRENT RICKET'$pD( N21
�V�'NERJAGftv";: MEKE FIEST'
flWN�klAGENT A IlDItESS; 932 ARCADE ST, SAWT PAUL MN SS1dG
OWNER AGSNT PHONE: 612-77¢-424T CER'1'iFfED: db1I8l71 REIVEWAL DUL: 03702t97
STATUS; C
+YkwtR�FMYRAkRY��itl�#+k�M�klr#+k'k�k8tt*kl�k�k�s�kltlW ##�MY�s�NWi##6iyT4Y�it�#YiM##Ne+ki*YCW!#lWVe#TbY1�iNWiX�k�iMy�ryttl'�NWWi�RAikiY�X�
KFY.• Y=CQRkIsC27p[t',yApg Ar=CfjRRECTIdNNCJThfAL3E A=AIJDF,DNIOLrITION
Ytli/WMt#IFt*�lRt! �ti��kA+Yt�kY►fkY�YacrN#R�RiW�k*MQiYb*W3#N�Y��#F+t�rt�'.RYf��FMk�Y*A+lt�ki#1k�kW4W444pF#Yw@kf•k4k#iWiW+k\MkY�:tx�
glxjA
� 34.32 (3)
RBPT,ACE BROK$N FR01�TT YiINDDW ON
DOb� TQ 83�yRBER SHO�.
„�_ 33.05
POST CERTIFSCATE pF OCGUpAp1Cy TN
A VYSTHL� LbCATION �ROM SUILf7ING$
EXTERZaR.
lJf,c�..t lLCi.a Q�.(.e' h "r�L�'vG"�-
�{u?� +��m7`�H<ct�
,.,,�_ MUk'C 2 5 . 2I4
POST OCCUPANCy LOAD $IGN IN A
VISIBLE T�4CATILN.
�,_ MLtFC 85.107
DI5CONTZNVEI i7$E pF NON-AFpRpVEJ�
MULTS-PT,tTG ADAPTE$S TFIROiFGI3QTiT
COMMERCIAL A32EA5.
COeY�MENTS:
DATE: /�' a�" �� ._. � ODOMET$R: z _�,�
�r
TIM6 BBG: _ /l�„� j� .__ �[VD: _ !/.Dc.'� �, INSP DISCDUNT
RE[NSPECTtQN DATE: �7 Q� �� YES � NO tif
REIIVSPECfl(.ltd CHARG�� YES ✓ Np � YIOLATidN LETTER f1��
SIGNATURE: ,�__1�c,��
Np IIVTRY Ik47Ii5
P
' � p(tC'.�1
f �� / .
� �
JUL-07-98 05:37 AM ST.PAUL FIRE DEPT. 612 'L26 6255 P_16
. Priqt D�e: 10116t97(3}
Date to be re��ed: 10l30197
�zr�sr�c�a�v caECgr.�sT
CFO KEY_ 24607 UATA CHAIQGE �} USE GRpUP: A O��'pANCy: gpR�g,�AURANT �SQ
BLDG ADARESS: 932 ARG'ADE ST ARCADE $AR
SQUARE FPET: 7SSDINU4ISER OF UNZT9: 4 INSPBCTY}R: $RENT RICKE7'SOhl iY21
QN`NERIAGENf: MIKE FlF,S't'
��NERi�GENT' +°.DI�R�SS: 932 ARCADfi $T, SAINT PAUL MN SS1II6
OWNF.R AGHiKT PFCONE; 612.774-9203 CERTiylED: C6fIg771 R5R'ER'AL D'JE: 031Q2797
STATLIS: C
stPy. �� M ��� MX �� **4 ��� * � *YY � #FiX � ##It# � Ry � KfYY*AlYtyi � Wit � fWrs �� FY fi�W#t#NWM�My�##YYi4NWi��WifMMNf#FW F � %i i� iYY � C}T �
BEY.- Y=CORkLCTIDN MADE N=CpRRECTTpN NOT bfA➢,�' A-gppgp {r10LATIpN
#YMWbiM�kitMY��FW�k�YY'k�k�hi�AWkii�tt+k�X+Y4#t�tf##»1���FM4'F+IXRiRNYlt fMK�tf RMW t�� Y+tl1 �MiM�RM 9 *ck�!#�k�#Y�iRX t#iN Or►F+F►WJt+lYk#t1d
Y�NrA
� rrvFC iz.ios tc,s�
REMOVE SURF'AC� MOUNTfiI} SLTDB BaLT
PRdM REAR EXIT DOOfi (BA,� p�EA).
-i�kf3V�A
�`'� —HOOR--TirREM�N-�L�TN3�@E�K�Fi--
-- ��G - �$T 33 iitfESS - �@F}R'�.f�'�--@Id"�9'PIt�-
�-�1NL-�'R6*,r, •��-�m^n^ac—aB�itS'-�25�"SA�"A7ZEA—`
�$B9 • E"rl�a�s..�� �.x v
,�� MUFC 10.5Q71B2}
PERMAi�*ENTyY SHAL OPEN
SABEMENT OF COMt3EkCIAi,
CHLTT� IN
AREA.
_� 34.D9(3j(e)
PFi4VrDE 5CRk;ENS WHERS MI5$=P7G
T�IR4VGHOUT i2ESTIl$NTIAL LTS71ms,
�, 34.10 {'7)
SCRAPE, PATNT, p,1�7D 12gF=N2SH ALL
RESSbENT2AL CaMMON ,ARF,P.S (H1�yLwpy
WAT,LS, CEILINGS, AND PL00&S) AND
MF1TN IN A pROFE3520NAL STATFs
4F RBPAZg,
CCTAdMENTS:
DA7E;
TItvCE BLC,�
REINSPECTIOPI DATE;
ODOhR£,TER;
END:
REIN5PECTION CHARGE: YES � Hp �
IIZE! �Y�
• � �• s a
iNSP I?ISCai1M'
YES � NQ �
V1flLATIQN LETTER A
--�--.�..
SIGNATi3RE;
SUL-67-98 09:37 qM ST_PAUL FIRE DEPT_ 612 22$ 5255 P.11
Print bate: IO/15197{3)
Date to be relnspecded: 18130/97
REINSP�C�`TON CHECKT,IS�'
CP4 tC�Y: 146�:' DATA CHANGE �,, USE GRQUP, A OCCUPANCY: Bq$�gg'�'A�n^t ytp
ar..pc annRSSS: 932 ARCADE ST ARCAD� BAR
SQtiARE FPEf: 78�lNUMEEK UF UNYCS: 4 tN3PECf9R: SRENT RICKETStfN A'�1
OW!VERIAGENT: MIKE FILST
OWNERthGENT ADBRESS: $32 ASZCADE S°I', SpII+IT PALTL MN Sil�
01�1h'Ek AGENT A$�NE: 672-774-92Q7 CERTTFTEI7: tf67l8t11 RENESypi, BtS�: �33/p2(g7
SI`ATU6: C
�rW��VY�F*biM#N�RtM�Yt�F�YkYM�Yiii��RM}*rNiikitYt�MkfyiR�44#+NM+YY�##�RfM'�1#iiW �N%i�kYk�f T+Rk►`+ifFWW##iiY*fiMw�WWl3�TW�P7�•
tCEY,• Y=CORR&CTlON MADE N=CORR&L77ON NOT MAI2� A=ADD14'D VIDIATI�N
Ci1R8tFMNfYW MFtY'�4Mi�i#Y�Ai�kdrtt��kMlYW W#fi►Y4�FTAWi Mr#�wt*�� MIAti kYWi�A#Yy4Y�kittkaWr R�FY �+4YRkR+tY�'lfi�YYi��krt3•kifif�XN4tfN�Fi
Yj�r�
___t,�__ �� zg. Yas sa�
CdNTAC�' A. {�UALIPIED ALP.RM SERVZCE
COMPANY TO TEST AND $ERVICE {�
1+TBEDED) TSE b'IRE ALAItM SXSTEM.
PROVinE I�octJPq�D7TATIDN Tp TH25
OFFSCE AS PRpQF OF COMP7,IANC'$.
N 34,11(6j
FS'iOV=pE FLU$ GAS ANAI,1�SZS
ALICUS+iENTATIQN ON HEATING PT�AN1'S
FOR RESIDENTZAL TJr72TS, SEE TFIE
ATTACHMENT R1Y-1.
� 34.7.I{g)
PRCIFERI.Y CF1P OPEI+I PIPE IN KITCHEN
DF VNST #2A.
cansm�n�rs:
DAT�:
TIhfE SEG;
REIA'5PECTt(}�i DATE;
0270METER:
1NSP bISCOUA+T
�
RETNSP�CTIQT7 CHAI2GE: YES ,� NO �
YES _ NO _„_
YIOLATtp]V LE9TER A'"�,
I.:� a.�N:a r;: ta
SIGh'ATllRE;
JUL-07-98 09:37 pM ST.PpUL FIRE DEPT- 61'L 228 6255 P.12
� Prim IY,�te: ID116i97(3}
,
' Aax ro be rcins�ted: SD/3QK17
REII�I3PECTIL}N CHECKLIST
CFD KEY: 14b07 DATA CHAI4GE {� USS GROUP: A Q�UPANCY: BAxlRES"1'!+L'RANT >SD
a�.,nc nnnxESS: 932 ARCAD� ST A.RC.4DE BAR
SQUARE FEET� 7880711[I1vIBF.12 OF U[dITS: 4 INSPECS BRSN'f AICKE154I3 921
oW1vER1AGENT: MiKE PIES'I'
OWNERltiG�1'�' ADDRESS: 432 ARCADE 5C, SAiNT PAUL ?vSN 55106
qWNFSt AGESdT PHOI�IE: 612-774-4207 CERTSFIED: D6718171 RF.1�E1VkL AUE: 03102J97
STA'i'[SS: C
�►W4iYASTWYt wfi#*���fif+�Mµ*►�%�N�kitik#f9l���'Mf�9�RN RtiF►�Frt��'41�W��t4��yR+1 ��FN #�t�iMi+YM��Af�ti4�Ff>YT#�kytl*kk�
K&Y,� Y=CDRRECTION A?ADE N=Ct11t1e74CT10N NflT MADS A°ADA� Yj��TION
ii�X�Ti�Mk��4�k�k#i�Y4�k�R�FtYnFb�F�FtyFwM��Y Y�MR�Y+�yM�7YYy�+li4Y�Y�tik/tAi#iYY�ftiMkit%Y�! t��M4 *��►IAkMYY4tiiF�kM4Wittik�6tsii
YIr�JA
� 34.14{2)(a}
CONTACT A ¢UAT,IFZED ELECTRICAL
CONTRACT4R TO 1tEWTItE A,LI+
RESIDBNTIAL Ui7IT5 TO CODE (g�T�IT
IxEQVIRED} , REM4VE ALL ILLEyGAL
WIRII�G THROUGHOUT R�SEDENTIAL
U1VIT5.
� 299F.3G2
TMME]]�ATELS' PRO�ITDE A OPBRATIQNAZ'
SMaKB AETECTOR IN UNIT #���
RESECUR� SMOKE DETECTOR TQ ���
IN UNIT #3A.
CoM�►tBNTS-
DATE.�
TIME HEG:
OI�OME'i�R;
iPtSP DI5C4iJNT
� � • r.• �a
R BIi�ISPECTI C3F4 13ATE:
EPR>:
REiNSPEC770N Gi�AAGE: 'YES � N� �._.
YES � A`R �
VIOLATECIN LET7'ER 9
-----�--
S2GNA'r`URE:
JUL-57-48 @9:38 RM ST.PAVL FIRE DEPT. 612 228 5255 P-13
' . . Ftint Date: 1Dlf4l97(3)
, I3ate w be reinsper.tsd: 10138197
REINSP�CTI�N �H�CKLIS°I'
CFQ KEY; 14647 DATA CHANGE �} USE GROliP: A OCCUPANCY: BARIRESTAURANT >SD
a�� nrsDxESS: 932 ARCADE ST ARCAD� BAR
SQUARE FEET: 7$80tNtJMBER OF CiNt'fS: A INSPE.CI'OR_ HRENT RICKETSON iJ21
OWN1iRfAGENT: MSKE FtEST
�WTi�RtAGEPIT ADDRES3: 932 ARCAI7E ST, SA1NT PAUL MN 55166
QW11ER AGEIV`I' PHONB: 6l2-774-9247 CSR7TFIED: 46f18171 RENE�T�'AL DIfE: 03/D2t97
5TATUSo C
♦t�t*MM�strw�rwewW�kxKSxa��r�sfiM*resxraesMxer+Trsaeatr�«+�r��rt�rt+r�rwrwqMw�tY
KPsY.• Y-CQRRECTION MADE N=CORREC7I�N N(1T h4�11>8 R=ADDED YlOLATION
4 WY+FF W Y�Ri fRS f fi�Y# ��"�'�WrtN+Mt�+kR��i�fTSf �6�tNXY�rt+iWT4Mifittwd�XMMMMWrt�tiY W kWNMit##y#il3iY+YY YWM49�qkSAktbtWYMR#fia�'iM
YJNJA
�� 34.09(3)(h�
1tEMOVE SURFACE MflUIQTED SXaIDE80LTS
FRC}M SECQND EXIT DOOR. HEMDVE
TIiIRA LOCKING DSVICE FRQM ENTRY
DOOR TQ 1JNIT #2A. NQ M�RE THAN
TWO DEV�CES TO UN7+OCK OR UNJaATCH
$EFDRE SXITZNT A UNIT.
IMMEDTAT�LY REMOVE SURFACI`s MQ[INTED
SLIDE HbvT ANP FADT,QCK ON ENTRY
]]OOR TO tTNIT #3A.
N -_ 34.1a {7)
SC:FAPE, PAIN's, AI�D FtBFINISH ALL
WALLS AND CEILINGS THRUUGFSOVT
RESIDENTI�T, 'I7NIT5. REPAITt ALL
${7LE5 IN WAS,T,$ 7aND REPLFaCE/REPATI2.
ALL MSSSING QR IIETERIORATE4
FLOORING THROUGHOUT. ALL Sl7RFACES
AND FLQORING SHALL BE MASNTASNED
�RT A PRt7FESSIDNAI, 8'TATE OF
MAINTENANC� AND REFAIR.
COMMENfiS:
DA7E;
OAOMETER:
IFdSP I3ISCOUNT
t a • �. a
TlMS SEG:
REINSPECTILYN DATE:
i��
R�INSPEGTI4N CHAI2GE: YES �_ NO _,�_
YES i NO _
VIOLATION LET1'ER #
S1GtJATliRE:
JUL-07-98 09:3$ PM ST.PpUL FIRE DEPT. 612 228 6255 P.15
" , Priat Date; 14/I6t97{3)
Date w be reiospected: 2413Gl97
REIN�PECTION CI�CKI.IST
CFO KEY: 14bp7 DATA CHANGg �j USE GRO{Jp: A OCCLfPANCY: BAR/TtESTAURA?VT �Sp
BLDG ADDHESS: 932 ARCAI}E ST ARGADE BAR
SQUARE FEET: 7880INfJM$Eg (yF UNiTS: 4 iNgpECTpR; gRE[YT 7tfCi�'TSpN �p2�
01i'NE$/AGE[Y!': MIKE FIESf
OY+'ISERIAC�E�T ApT)R$SS: 932 AgCADE ST. S�t7NT pAUL A-tI+i SS1Q6
OWNEft AGEHT PHD?dE: 622- CERTIFIffi; p6/1817t REbigWAL Dt1E: p3tfl2/g7
STATUS: C
♦RYW�Xyi4�itY�fiYW�i#+Y�k#��YY�t�FMrY�t»�tMti�kM WytOSW�IiYtY;�k� My�A�Mkl�RE�A�Yt*MNY�t�ti�ir�k3+kMik#+kw4:%Mk9dtiMitYT�KWaIY.�t4Y'Y*�Y
R�Y.' Y=C�RRECTIDNMADE 1 V�CORRECTl(JNNpTMADE A=AI?Ir�J y1QLAT7dN
iWY4�k.TFt�kWk##ttiKMk�RM�rlil�YYeN#4�kW�k�rRkiMYfNRM1WiM�##i�it*fifi�YWY#RS+YtW�WWYe�t#M+FNLY�MiY��Y# krti►��F�F�Y��kE4AY+kRM�MM�Y##k�R4i?fit
YjN/A
— �'
�
39.Q2 (C)
SUBMIT A COMl�LETE+D SMQK$ DETECTOR
AFFTDAYIT TO THZS OFFICE.
33.05tD7
�ZT #2B AND #38
REOCCUPI�p YRQT=I,
APP80VF,D BY THIS
ARa NOT TO 8E
I2EIN5FECTED AIJD
o�Faes,
� M�''� 1�.505
B�tOVIL�E A 2A-1pBC FIR$
E SN GXFZ' 580F ��A /` (�1 � � +�6U'.��'�
fCURRSNTLX SERVICED ,�D TAGGEDj F111`� � �'�
ANI? MpUNTED IN A VI$I$L�,
ACCESSTHL�3 LQCATION,
CC7MM�'NTS:
DATE;
TIME HE�.
REfiYSPECTION DATE:
flDOlyETEA:
!��
REINSt'EC1"t{}N GHARGE: YES �_ Np �
1NS? DZSCQtIP�T
YES ` Np „
VI4I,ATIDN LET"fEk q
� r ► :�.
—_._,�
$IGNATURB:
flF,YARTMEN'f OF ��E ANb SAFfiTY S�YICFS
iimoihy fC. FYticr, Fi+'e Ckie(
D[Y1SlON OF f[Rfi P1t£v�N'i'IaH
Skven liurora. Fin blurskd
, �,::-
t�.,�
l � f
1 �
�AAAI►;
crrx oF s,�zN� rau�.
Nnrm G�tru�ax. Alainr
JANUARY 9, 1498
MIKF. �IEST'
932 ARCADfi St'
SAINT PAiiL. MN 55106
��: Ce�ificate o£ Qccupancy Revocation
932 ARCADE ST ARCt,DE BAR No. ot Uniu: 4
Dear Propetty R�presenncative:
Your buitding wxs inspected on 1AtSIJARY 7, 1498, for the renewal of the Certificate of
pcc�paocY• lnasmuch as you Lave failed to comply witD s1�e aPptica6le raquicements in a
reawnabtc amonnt of time witLont appeat, it has become mtesssiy to T�evake the Cert�cate of
pecupancy tor the above-captioned location in acconiance wi�h Secuon 33.05 of c6c Seint Paut
LEgstative Cod�. -
TH1S L.E'['x'SR SERVES AS OFFICIAL N4TICE OF REV�ATSON.
Section 33.05, Subd7vis'wn 5 of she Saim Paul 1�gisla�i�e Code fnrrher p��das chu �m build�ng
shall be occupied wic.�M�t a Cercificate of OccupazKy. Failure to vacate tbe bui5ding ur mmpl7
with the uttached Correetions List by FEB12tJA�tY 91498, may rautt in a criminal eitatiorr.
Cnrrections requiring cnnsvucrian, etecuicsl, Qlwmbing, heating, sgrinkler or sas piping work
musc be done under pemxst snd with she agprovai of tbe Suilding lnspection and Design Divis4on,
350 St. Peter Str�, Suiu 310, Sainc Paul. Minn�ja 55502 (266-�94).
tf you have aoy <Nestinns. You may contact me at 228-62�8.
5'snceretY�
�� ��A�����
SRENC R[CT{£'CSON
Inspator
700 Easf Eleventk St��R Ttfeyhont: 6I2-228-62,?G
SairuPaal,MN551e1 Factfmitc:4t2.228�241
��SE IE4jE APPU�� �A► E At�� Tll i..
�� �1�n�!$ t��3�+
P4e2se mest 4� 1�speG�tt e3 �e F�� a� tdn9 �eys
tur ea�ss ID a� 9reas. tt y� aish � re�d+ed��e th¢
�,�tr�atCall &" 6et�eeti7�0andS:ODa�
C�.�37
����� � . �
_ dlbia Arcade Bar _
City's Exh. # 2
JUL-07-98 99:34 RM ST.PAUL FIRE DEPT. 612 228 fi255 P_02
, Pridt Date: 72l23147(4)
' Date ro bc resnapected: Dif0419$
REINSPECTIaN CHECKLTS°P
CFp KEY: 14507 DATA CHANGfi �) Z35E GRQUP: A OCCUPANCY: BARIRESTALRANT 754
SLFG ADAR�SS: 932 ARCADE S'1' ARCADE BA.R
SQUARE �EL'�': 7880,tI+IUMBLR OF UI�lSTS: 4 P.v`SFECS'4R: BRENT RTCKETSQIti '�J21 : i:�i
OWNERlACEiYT: MIKE FlE3T ,
OWNEItJAG�1Q'C ADARE5S: 932 ATiCAaEE ST, SARa'�' PAUL Mlv 5510G
dVvNfi32 AGENT PI�ONE: 612-774-92Ct7 CER72FIED: C6JI8l7] RENfiWAL I�llE: 03t(72147
STA'C[7S: It
1lMMYN+kY�*43t�M1�V'�S9Ril�i WWN�kft�Yik4M«1� Y�K�I P�R#fit►►PR�Ywi4Mx/4Wkrt�Fta �rMMM�RSAMMaY#ttiX�M�#i'FV 4Rl4ktt�MNk+F4X���M M+itN*6Ki�fi#x
KES": Y=CORRECTIDN MA73E N=CORRECT70N NOT MADE A=ADBEA VIOLATIDN
MX�liCYY�F+kii�ii WMS!#kt/kX�RM��+�Wwk�F� WrtF�F�F rFn�WM�k�FiRWMr ttsa+MM�4 ksJ N�M9 is� 4�F�NMi3►�N MW �F�t i�YNw4fi+1z*b4Mk+f s�YMAkMfiMMWMMk
Yr�rA
� 3a.as
POS� CEI2TIEICATE OF OC�lTPP.PJCY TN
A SJISIBLE LOCATSON FItOM BUILDY21GS
EXTERIOFt.
��
� MUFC 25.114 f_i1
Fd5T dCCUPANCY LdAD SSGDT IN A (j��/
VISISL� Z,flCATZ4N.
MUFC 65.10'7
DS5CONTINU� USE OF NON-APPR4VED
MLILTI-PLt7G AAAPTBRS THROLiGHOiTT
COMMERCIAL AREAS.
i� MU�'C 12.106 (C, EJ
-- �r - REMCJVE SUT2F7tCE MOUN�'ED SLILIE SOLT
FROM 42EAR EXIT Df>LFt (SAR AREA) .
_�j t�u�'C io.sa7tsa}
— 'f -- PERPRANENTL'Y SEAL OPF•IS CIiCI�'E iN
� BASEMENT OF COMMBI2CSAL AREA�
GOMAtENTS:
DAiE: , /" � � �t� _ _ 4I50METkR: � -L"�'..�
TtME BEC: %� Exn: J/�d i�s� aisca'vr�T
REiNSPECTION DATE: _ �� � YES _ NO V
REINSPLCTIah1 CFiARGF.: YP..S �IdO � VYCILATI4N LBT7"ER #�
SiGNATUR�: ��� r�"'
� o - � a
�
JUL-07-95 99:34 AM ST.PAUL FIRE DEPT. 612 228 6255 P.03
' . Print ]7ate� 12/23t97(4j
, A�ta ta be reinspected; b1104188
RELNSPECTION CHECKI�IST
CPO KEY: 146Q7 DATA CkiANGE L� L75E GROL3P: A OCCUPAI�C1': SARIRESCAZTRANT >54
BLDG ADDRESS; g�� ARCAD� ST :�RCADE BAR
SQUARE FEET; 388QlI�TTJMBER OF UNITS: 4 INSPEGTDR; BR81rT RICKET'S4N �21
�w?v�wnc�rrrr: �aucs xrFSr
4WNERtAGEl1T r1DIIRESS� 932 ARCADE ST, SAINT PAL3L MN 551Dfi
OWNER AGENT FH(3NE: 617r774-4207 C�TtTPt'IED: d6(18(71 liENSWAL DllG: 03102i97
STATUS: R
3iF1kYY�Yf#YY+'sw�tfsets}�keywwsY�nWW WW►WWGMWMYX�WY►Wn3�kf#taafliR►+#4WY�}►W�Mi�FNM+k44axYt�e44�iiA itit�kt#� iiMi+kk4Wi+i�k
REY: Y=CORfiECTIOR' �t1AE W=CORRECTlON NOZ MAIl� A=ADDED VIOLA770N
Ya�ak*� V iM�WV�W�NW�krt b4NW�k4#k�FN�WN�rt+MMMMT+kV#W firtk#f+ItsK4ss es3xii��li�k�kWiWWk�kN�W94N%�FMKwMkiti#iitbk�kttlt#F iii3iiki�YWkA
X�NJA
� 34.09{3) �e� �
PROVTI�E SCR�ENS 'WI�E1�� MI53iNG p-
`PHROUGHOUT ItESIDFsNTZAL UY3T'I'S.
� 34.10 {7}
SCRAPE, 2AS2�1T, AND REPTNSSH ALL
ItESTA�'IJTIAL COMMON AREAS (FIALLWAY
WALLS, CEXL�ATGS, AIQD FLODRS) AbSD
MAZN�'AIAi I1V A PY20FESSIbNAL STATE
OF REPATR.
� MUFC 14.108{a}
C4NTA�T A ¢t7ALSFZED RLARM SSR'VICS
COMPADiY T� TE5T A1V�D SERVICI3 (AS
N£EllBD).THE FIRE ALARM 5YSTEM.
PROVIDE DOCUMEI�'TATION TO THIS
OF'FICE AS PRpoF OF CUMPLZAIOCE .
� 34.11f6i
PRQVIDE FLUS GAS ANFlLXSIS
bQCUM�NTAT'SON ON HEATING PLANTS
P'DR RESI,GENTSA�r UNITS. SEE THE
}�TTACHMELdT RH-1,
CO�I?MTsNTS,
DATE:
TiME BEG:
REINSPECTION DATE�
pIi{SMETER:
END:
RETAFST'F:C7S073 Ci�IARG�: YE5 � NO _
VIQLATION I.ETTE1t iP
�1 �
� , ����.�� � ���
� y Gt
[NSP DI5COl7NT
Y�S _ ht0
�: � ►•�a
SIGNATURE:
�UL-07-98 09:�5 pM ST.PRUL FIRE DEPT� 612 22S 8255 P.04
' . . Prim Datc: IZ123197{47
, Date w be reinspecced: OIlU4l98
ItEI�iS�C'�UN CHE�I�LISF
CFO REY: 146Q7 I?ATA CHAIVGB �) USE GROUF: A dCCUFANCY: BA�l2i F.STAURAIVT >50
BLDG ADBRESS: 932 ARCADE ST ARCAI3LS' BAR
SQt7ARE FEET: 7880lHUMHER OF [INIT'S: 4 RdSPHCfQR: SRERlT RICKEI'SON !!21
QWh1ER1AGENT: MII� AIEST
QWidERJAGENT ADDI2BSS: 93Z ARCADE ST, SAII+IT PA[P MA' SS1Q6
QWNER AGENT PAON�: 612-77q-92tYJ CERTIFIED: Q6tlSt71 RENL^WAL DUH: 0310Z'97
STA'!'US: R
k�k�tf �t�l f�F tMtlAiEM 6R iR RRikSR��6LiN�ti�tM9&�kW4� W riYN i�+[�YY86+kt M�Yi�Ye+YYR�tYYl�W�t+k4oYW�Rk�kie�Ri ti$ #�k #i Ri tidii�kiRi►y y� RiN P+k� t��>
�fiY Y=CORRE�TIPNMAb1i N=CORRb'CTION NOT A��ADE A-ADIl�D VI�Lr37'70N
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Y/iJ/A
� 34.11(4�
PROPBRLY CAP OPEN PSPE YN FcTTCHEP7
QP UNST #2A.
� 34.1Q{2}{aJ
COATTACT A Qt7ALIFIEA ELECTRTCAL
CONTRPsCTDR TQ I2EWIRE ALL
RESIIIENT�AL UNTTS TC7 CdX7$ (PERMIT
RfiQUIRED} . REMOVE ALL ��,LEGAI,
SPIRING TxRO[IGHQVT RESIDEPITTAL
UD7ITS .
299F.362 �
IMM&DIATELY FR6'trSD� A OPERATIONRJa ��
BMOKE I>ETECTOR IN IINST #2B.
RSSECURE SMOKE AETECTO�i TO WALL L�
IN IINYT #3A.
COMMfiN2�:
DATB.
TiME SEG:
REINSPECTIQN DA7'�:
ODOMETER:
EiYA:
CTiARGE: YES " N{3
VIpLATION LE7"PER �i_
INSP DISCOiJNT
YE5 _ NO _..,.
• � • !h!
SIGNAT'URB;
dUL-57-98 09:35 AM ST.PAUL FIRE DEPT. 612 228 5255 P.05
• ' Pript Duce: i;J23147(4)
�, Daze w Ue reiaspectw: DF104l98
RETNSPECTIQN CHECXT1Ia''T'
CFO KLY: 14b07 AATA CIiq��E �} liSB G1�OUP: A OCCLTAhiCY: BARIFtFStAURANT 9 SO
g�c a�nx�ss: 932 A.RG4DE ST ARCADE BAR
SQUARE FEET': 78R4/iYUMBER OF UMITS: 4 INSP�CIY?R: BTt�h*T RICKET'50H �21
OtVNERtAGENT: MIKE FIEST
OWhEKJAGENT ADDRBSS: 432 tIRCADE ST, SAthP!' FAUL MN SS1aG
OW11ER AGENT PHpNE; 6I2-77q-9247 CERTIFIED: 04118171 RENEWAL DU&; 031d2147
STAT[IS: R
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KTsY.' Y=CORRECTION MADE N=CORRECTION NOT MQdJE A=ADDED YIOLAT'lON
#ItAkYYY�Y4#0lY�w WMY��k+Y4ti *rtMw�M#ttfinay�MWMkirsiT�F�FNN�YW+MR4�ftN'fi�kNtBWW►y�+F#�FiaeFiAkW�YMk�Mt�R�Ftlk�F.�Y�k#+F+IWMk�IeY�t#�kRMYW�YMi
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34.10{7)
SCIiAPE, PASN'T, AND REFSNISH ALE+
WALLS ANII CExLING6 TiiR4UGIFpUT
RESIDENTYAL LTNIT3. REPAIR AI,L
HOLE5 SN WALL9 ANA REPI,ACEJREPAIR
ALL M.ISSTNG pR DETSRIQRATED
FLOUI2IPTC, "PAROIIGHOCST. AP.�L SURFACES
AND F7�OORING SHALL BE MALI4TASNED
SN A HRQFESSIpNAL STATE DF
MAINTENRWC� APTD 12�'I+AZR.
CQMA48NTS;
�ATE:
TiMB B�G:
REINSPECTtC1N DATE:
ODO�f ETER:
ENIJ:
REtNSPECTtpN CFiARGE� Y£S � NO
INSF DTSCOtlNT
YES !, NO _
VIULATIDtV LETFER #
�� ��!!' . �� �w,
SIGYATLt1tE:
JUL-9T—QS 09:35 AM ST.PAUL FIRE DEPT. 612 228 6255 P.96
� , Priut Date: i21�3l97{4}
, T3ate ta be reinsFeaed: O1JC4,'98
��������� ������
CFO XEY; 14501 I3ATA CHAIVC>E �} IISE GROt3P: A 4CCUFANCY: BARlRESTAtIRANT �SQ
BT,IaG ADDRESS: 9�� ARCADE ST ARG'AI3E BlLR
SQt7ARE FEET: 788(1/NUMSER OF UN1TS: 4 INSPECTOR: BRENT RiG'I�TSON #21
OVFNERfAGBPdT: N.IISE FtEST
DWNERlAGENT RDDRESS: 932 ARCADE ST, SAINT PAUL Mld 55146
OWNER AGEN'F PH�NE: 62Z-774-92p7 CERT'IF2ED: 0611$t71 kEE?�tEWAL DUE: 031QZ/9 i
STATUS: R
iiFrt####i*it��Y*li.i�NX�ViM�le�Fi�MMlN�Fbµ�M�MM�FMYT�!#t#�4�k#W'MY�'FktM�CMk�F44l�t�#�ki#�lY�yYWW WYyMM�f�4MWR►Ni64tM��K��iR3R}R'���+tY��tY
10E'Y: Y=CORRECT7QN MADS N=CpKREG'T1'ON NOT MADk' A=�7DED YIOIATIOIY
MMWMFYkt�R�RR�R%:RliiiN��kM�tlWM�k V X�PWAWkBi�kMYMbWki�M6�#*Ri##1'##'hhY��YWWY�WMMN4�IkRaMFist�lkY�Y�M�WMN+[NN�RF WNWfi►MRWtW A�MACFMRfiY#
Y/NJA
� 34.7.0 (4)
REPAIR Oit REPLACE MI83ING AND/OR
DETERTORATEA �THRDOM FLOORING
THRpUGH017'S` ALZ LiNITS . BATHROOM
FLOORS SHP.T�L BE EMPERUIOUS TQ
6dATER,
� 34.14C27 �l�) {C}
PROVSDE COVER PLATES 'RXERE MISSING
7'�714pUGH0UT RESIDEMTFAL AREAS.
� $ 5 .106 ( a} t�^""
DISCONTTNTJE i75E QF E7iTEATSI0S3 q � y ��
CORD3 IN ANTT #28 A1�IA �'HROVGHdTJT p
12ESIf}ENTIAL 7�2E,Ti8.
� 34.16(1}
TEDTANTS Ta CLEAIV ATFD MAINTATP3
REAR BEDROOM YAT A CLEAN AND
SANZTRRY CONLtITION UNIT ��R (ROOM
IS CURRF�NTLY I75$D AS ST�RAG$,
CLUTTPsRED WITH ANIMhI� F8CE5, ETC?
COI+fMfiNT5:
Lr7:�t1�E
TIME BEG:
REINSP6CTIOhi DATE:
ODDMETER:
INSP DFSCAll1�tT
EI@D:
YE5 � NO _
REINSPECt'IQN CHARGE; YES �, Ni3,_
Vi41.A1'IQN LETTER �'
.:� atn. � s: �a`
SIGNATUR�:
.�. JU1-67-98 �9:36 AM ST-PRUL FIRE ➢EPT. 612 228 6255 P_67
, ' Print D,7te: 12123t97(G)
,,' Datc to be reir�speatcd: 41lQ4196
�����CTT�� ��' �����
CFO KE�: 14�7 BATA CHANGS � USE GAOliP; A dCCUPANCY: BARlRESTAURANT >50
sLaa nDn�ss: 932 Al2CADE ST ARCADE BAR
SQUA�$ �BET': 788alA OF [fA1T'I'S: 4 MSPEGTOFt- 6REPIT RICKE'i SON �'21
DWh'ER/AGENT: MI1� FTES7
01VNER(AGEIv"T ADDTtP,$S; 932 ARCADE SP, SAINT PAUL MN SSI�
OYJNER AGEN7 PiiONE: bl?-774-92Q7 CERTIFIF.D; 46I18171 RENEWAL DL1E: Q3/02/47
STATUS: R
Yk mMbilvR�lRMWMk�ksif%#f tifi'f f#f T�lft�A##wMkffi�R+kfi�i�If+k�FM V kA+M MW+F4 WWA�W�rYM* �FR'I�W�F� t3Fii
KEY.• Y=CaRREC7'!ON MAIJE N=CORR&CTION NOT hlADE A�ADDED PIDLATION
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rlNrA
� 39.42 (C1
SUBMI'I' A CQMPLETED SA40KE DETECTOR
AFPSDA�ST TO T}SIS QFFICE.
1�7 33.05 (DJ
UNIT #2B }iN'l7 #3B ARE ND'S' TO HE
I2SDCCL7PTED VNTIL REIN5PECTEI] AND
AYPROVE➢ BY THIS OFFICE,
CtlMMENTS:
DATE:
TlME BEG:
RE[NSPECTtON ])ATE:
ODOML�TSR: . �
END:
REINSPECTTON CHARGE: YES � NO �
INSP DISCOUri'T
Y8S „_._ ND ,_
YIt)LATTdh� LETTER N
a a • �• a
S[GNATUBE:
., .
D'c7A:27?.2EM OF FIRE AND SAFcf'y S&'LV ICS
Tunoriry K Fu!/c�, Firt Gicf
-. DNISION OF FIRp PILVE,*77'ION !
S�cvrn Zcccaid, F+re Marrnc!
CrIY Or SAL�vT PALZ
Norm Cafcman, Maya�
iw.:sri oc-.<nm �mtcr lc!ennonc 6/Z-_c36231
.:a:��?cuf,.-Y1N5510/ Fncsimii<:612-?23-6247
VIOLA'�'ION IYFORtiL�.TION
VIOT.ATION DAT.�
�
Chronolo�y on back
// �r
INSPECTOR'S N?.il�fE (print) ��✓7/TL- jfsc'�j�ax/ n
d/b/a Arcade Bar _
City's E�. # 3
OF�TER/AGEYI' VERTFICATION
II � � ( D � �` �' z�"�lc-ti 7`�./� �v (.c�rt�'L�E° W �1✓.�/.�7� � ////.G ��llt G7�c� II
� % �� - -i.Us�d�„� � ll �,an.c�e�/c-ua�� - /�� �,�,.,�.��-� ��
STATEOFMINNESOTA-RAMSETCOUNTYDISiq{('��OURS GITYCF ' /'�l1=�
' T"` wde,s d. c� d�h :w« wm+w. oo�n a�,�d ,ar,:
, On the �� :aY o�! G ��R'CI ,� �f9 �at ✓�!!✓ �/
_ � i ` / o'clact �lpM O PN
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� Name ;ef� ,y�, i- ��C�.7/ AOdress Home "f�
Ch lic. ar �
a��m o-are ro� �c w
Locanan o( of(ense �,�� �(:C(,�/
WI
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In vmlanon a� Ihe SWWte c OrGinance (5=c Nc
) in svrn rase maoe xna prmnCea and
BRP,NCH J OFFICERS �� ��3�� ¢
— _ � I
ano
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---_—S2te `'Y/It/. ',J L% � i
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--Bac: 010 IN iNE GRY CF. �
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Mele commrt Ne biWmnq ol(ense ���Y of nola0or
°�fE �, c�'�eu,�n.UG� �
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---
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the State ai Minrewcy ❑ Fi�us;�g fqurt • '
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POR TESTIPYING IN COUR
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2 8-29-22-32-C.oj-8 01 ST. PAUL * ACTIVB s 02/12/98
NAMES-------------------- -- ---- ------ -- -------- -- ---------------------�
FEE OWNER...! i
04J13/94 ! BRAM CORPORATION ?
04/13/94 ! 932 ARCADE ST !
! ST PAUL MN 551063851 !
PROP ADDR...! 932 ARCADE ST ! �
! ST. PAUL MN 551�63851 !
TAX DESCRIPTION-----------------------------------------------------------------
PLAT..00226.! WILLIAMS RE-ARRANGEMENT OF ? LOT SIZE .............5,625 SQ FT
! BLOCK 3, NELSON'S ADDTI'ION ! .12 ACRES
! TO THE CTI'I' OF ST. PAUL !
DESC........! NELSONS ADDITION !
! SUBJ TO ESMT; S 75 FI' !
! OF LOTS 16 & !
! LOT 17 !
--------------------------------------------------------------------------------
C OMMENTS ----------------------- ----- - ----------------------------
Alt-Z FOR I3ELP° WYSE 50 ° HDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° ON-LINE
Lic ID ................... 16204
STAT ..................... AC
Business Name............ BRAM CORPORATION
Doing Business As........ ARCADE BAR
Address .................. 932 ARCADE ST
Zip ................•-••.. 55106
E�cp Date ................. 02/28/98
License Name ............. GAMBLING LOCATION (CLASS C)
. LIQ-ON SALE-100SEATS/LESS-C
. SUNDAY ON SALE LIQUOR
. ENTERTAINMENT - CLASS A
. RESTAURANT (C)-LIMITED
. CIGARETTE
NOTE AREA ................ INSP CHANGE FROM O1 TO 02 ON 3/20/92
. 10361
. 65 SEATS 5-5-87
. 040588 PH TO CONSIDER ADVERSE ACTION - LAYED OVER
. FOR THREE (3) WEEKS
. 071988 REPORT OF ADMIN LAW JTJDGE, INCLUDING FINDIN
. GS OF FACT, CONCLUSIONS AND RECOMMENDATION IN THE
. MATTER OF ADVERSE HEARING INVOLVING THE LIQUOR LIC
. ENSE OF THE BRAM CORPORATION DBA ARCADE BAR.
. 072188 11 CONSECUTIVE DAY SUSPENSION (8/7/88 THRU
. a/i�/ss) C.F. 88-1224
. 090688 RENEWAL OF 013188 APP'D C.F. 88-1466
. 9/14/89 PA ON APPN FOR NEW OF CLASS A GAMBLING
. LOCATION LICENSE APP'D C.F. 89-1649
. 1/17/95 ENTERTAINMENT CHANGED FROM CLASS 2 TO A
. PER C.F. #94-1447
. 1995-7% DISC ON LIQ FEE APPLIED TO 2ND 1/2-LAP-LIC
. 4/11/96 CIG CODE ADDED FR/ID# 17937--LAP-LIC
. 1/28/97 INVOICED FOR 7% DISC RECEIVED IN 1996 AS
. TRAINING WAS NEVER RECEIVED-- $ DUE 2/18/97--LAP
. 6/5/97 $294_00 RECEIVED FOR 1996 7o DISCOUNT
. GRANTED BUT NOT EARNED--LAP-LIC
. 1997 7o DISC REFLTNDED P.V.# V-330-9943--KRD-LIC.
Bond Policy Number.......
Bond Company .............
Bond Effective Date......
Bond Expiration Date.....
Insurance Carrier........
Ins. Policy Number.......
Insurance Effective Date.
Ins. Expiration Date.....
Associated Stock Holder..
ROYAL INS CO
RSP259105
03/24/97
02/28/98
WILLIAM C MARTINEAU
MICHAEL M FEIST
Dealer No ................
Tax Id ................... 5096825
Worker Comp Exp Date..... 12/06/94
Telephone ................ 7'74-9207
����. — - ` .
_ d/b/a Arcade Bar _
City's Exh. # 4
�A ;.
��
OFFI�OF Tf� CITY ATTORNEY
PegB tyAttamey
CITY OF SAINT PAUL Civil Division
Norm Calemars, Mayor 400 City Hall
I S Wes[ Kellogg Blvd
Saint Pau[, Minnesota SSI01
�
May 12, 1998
NOTICE OF VIOLATION
Owner/Manager
Arcade Baz
932 Arcade Street
Saint Paul, Minnesota 55106
RE: All iicenses held by Bram Corpontion d/b/a Arcade Baz
for the property located at 932 Arcade St. in St. Paul
License ID No.: 16204
Deaz Sir/Madam:
Telephone: 612 266-8770
F¢aimile: 6l2 298-5619
The D'uector of the Office of License, Inspecfions and Environmental Protection is recommending
that adverse action be taken against your license. The basis for the adverse action is:
The certificate of occupancy for the building at 932 Arcade Street was revoked
on December 2, 1997. Saint Paul Legislafive Code §310.06(b)(3) permits
adverse action to be taken if the licensed premises "do not comply with
applicable health, housing, fire, zoning and building codes and regulations."
Because the certificate of occupancy has been revoked the licensed premises are
no longer in compliance with the applicable rules and regulations.
If you do not dispute the above facts please send me a letter with a statement to that effect. The
matter will then be scheduled for a hearing before the St. Paul City Council to determine what
penalty, if any, to impose. You will have an opportunity to appeaz and speak on your own behalf,
or to have someone appeaz there for you.
On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing
before an Administrative Law Judge (AL.�. If you wish to have such a hearing, please send me a
letter stating that you aze contesting the facts. You will then be sent a"Notice of Hearing," so you
wiil know when and where to appeaz, and what the basis for the hearing will be.
� e e�censes e y ram or ora , o�
— d/b/a Arcade Bar —
City's Egh. # 5
_ Page 2 •
'° � ' Arcade Baz
May 12, 1998
�
In either case, please let me know in wrifing no later than Monday, May 26,1998, how you
would like to proceed. If I have not heard from you by that date, I will assume that you are
not contesting the facts. The matter will then be scheduled for the hearing before the St. Paul
City CouncII.
If you have any questions, feel free to call me or have your attorney call me at 266-8710.
Sincerely,
`�/�..��J
�� ��
Virguria D. Palmer
Assistant City Attorney
cc: Robert Kessler, Director, LIEP
Christine Rozek, LIEP
Bruce Sylvester, Community Organizer, Payne Phalen Dist. 5 Planning Counci1,1014 Payne
Ave., St. Paul, MN 55101
. ..
s
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY
�
AFFIDAVIT OF SfiRV2Cfi BY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on May 12, 1998, she served the attached I30TICE OF VIOLATIOI3
on the following named person by placing a true and correct copy
thereof in an envelope addressed as follows:
Owner/Manager
Arcade Bar
932 Arcade Street
St. Paul, MN. 55106
(which is the last known address of said person) and depositing the
same, with postage prepaid, in the United States mails at St. Paul,
Minnesota.
Subscribed and sworn to before me
this 12th day of May, 1998.
PETER P. PANGgpRN
ND7ARY p�gLIC — MINNESOTA
N Comm. ExPi�es Jart 31. �
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OPFICS OF T'88 CITY ATTORNSY
Peg Bi� Attornry
CITY OF SAINT PAUL CrvHDiviston
Norm Co[emarr, Mayor 400 Ctty Hall
IS WetY %rl[oggBfvd
Saia1 Pau� M'�nnesota 55702
i
June 10, 1998
NOTICE OF HEARING
Mr. Michael M. Feist
Arcade Bar
932 Arcade Street
Saint Paul, Minnesota 55106
RE: All licenses held by Bram Corporation d/b/a Arcade Bar
for the premises located at 932 Arcade St. in St. Paul
License ID No.: 16204
Our File Number: G98-0206
Deaz Mr. Feist:
Te[ephone: 611 266-8 77 0
Facsi�ti/c 6Z219&56Z9
Please take notice that a hearing will be held at the following tune, date and place concerning all
licenses for the premises stated above:
Date: Friday, July 10,1998
Time: 9:30 a.m.
Place: Room 41
St. Paul City Hall
15 W. Kellogg Blvd.
St. Paui, MN. 55102
The hearing will be presided over by an Administrafive Law Judge from the State of Minnesota
Office of Administrative Hearings:
Name: Jon Lunde
Office of Administrative Hearings
100 Washington Square, Suite 1700
Minneapolis, MN. 55401
Telephone: 341-7645
� e e icenses e y ram orpora io �
— d/b/a Arcade Bar —;
City's Exh. # 7
� �
The Council of the City of Saint Paul has the authority to provide for hearings conceming licensed
premises and for adverse action against such licenses, under Chapter 310, inciuding sections 310.05
and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non
into�ucating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse
acrion may include revocation, suspension, fines and other penalties or condifions.
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:
The certificate of occupancy for the building at 932 Arcade Street was revoked
on December 2, 1997. Saint Paul Legislative Code §310.06(b)(3) permits
adverse action to be taken if the licensed premises °do not comply with
applicable health, housing, fire, zoning and buiiding codes and regulations.°
Because the certificate of occupancy has been revoked the license premises are
no longer in compliance with the applica6le rules and regulations.
You have the right to be represented by an attomey before and during the hearing or you can
represent yourself. You may also have a person of your choice represent you, to the ea�tent not
prohibited as unauthorized practice of law.
The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections
14.57 to 14.62 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 themseives for the record.
The City will then present its wimesses and evidence, each of whom the licensee or attorney may
cross-exasnine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to
present, each of whom the City's attomey may cross-examine. The Administrative Law Judge may
in addition heaz relevant and material testimony from persons not presented as witnesses by either
parry who have a substantial interest in the outcome of the proceeding; for example, the owners or
occupants of property located in close proximity to the licensed premises may have substantial
interest in the outcome of the proceeding. Concluding azguments 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 by the City Council.
You should bring to the hearing ail documents, records and witnesses you will or may need to
support your position. Subpoenas may be available to compel the attendance of wimesses or the
production of documents in confornuty 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 sripulation or agreement can be reached as to the
facts, that stipulation will be presented to the Administrative Law 3udge for incorporation into his
or her recommendation for Council action.
Notice of Hearing - Page 2
� �
If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the
allegations against you which have been stated earlier in this notice may be taken as #rue. If non-
public da#a 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.
If you have any questions, you can call me at 266-8710.
Very truly yours,
J u � ��-K.ri�
C��
Virginia D. Palmer
Assistant City Attorney
cc: Nancy Thomas, Office of Administrative Hearings, 100 Washington Square, Suite 1700,
Mpls, MN 55401
Nancy Anderson, Assistant Council Secretary, 310 City Hall
Robert Kessler, Director, LIEP
Cluistine Rozek, LIEP •
Bruce Sylvester, Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne
Ave., St. Paul, MN 55101
Notice of Hearing - Page 3
i�
.a� ; 1
�
STATE OF MINNESOTA
COUNTY OF RAMSEY
�
ss. AFFIDAVIT OF SSRVICE BY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on June 12, 1998, she served the attached NOTICE OF HEARING on
the following named person by placing a true and correct copy
thereof in an envelope addressed as follows:
Mr. Michael M. Feist
Arcade Bar
932 Arcade Street
St. Paul, MN. 55106
(which is the last known address of said person) and depositing the
same, with postage prepaid, in the United States mails at St. Paul,
Minnesota.
Subscribed and sworn to before me
this 12th da�of Jy�e,_1998.
PETER P.PANG80RN
NOTARY PUBLIC - MINNESOTA
IY Comm. E�ires.lan.37.2�
Sec. 310.05. Hearing procedures.
(a) Adverse action; notice and hearing requirements. In any case where the council may
or intends to consider any adverse action, including the revocarion or suspension of a license, the
imposition of conditions upon a license, or the denial of an application for the grant, issuance or
renewal of a license, or the disapproval of a license issued by the State of Minnesota, the
applicant or licensee sha11 be given notice and an opporhxnity to be heazd as provided herein. The
council may consider such adverse actions when recommended by the inspector, by the director,
by the director of any executive depaztment established pursuant to Chapter 9 of the Charter, by
the city attorney or on its own initiative.
(b) Notice. In each such case where adverse action is or will be considered by the council,
the applicant or licensee sha11 have been notified in writing that adverse action may be taken
against the license or application, and that he or she is enfitled to a hearing before action is taken
by the council. The notice shall be served or mailed a reasonable time before the hearing date,
and shall state the place, date and time of the hearing. The nofice shall state the issues involved
or grounds upon which the adverse acrion may be sought or based. The council may request that
such written notice be prepazed and served or mailed by the inspector or by the city attomey.
(c) Hearing. Where there is no dispute as to the facts underlying the violation or as to the
facts establishing mitigating or aggravating circumstances, the hearing sha11 be held before the
council. Otherwise the hearing shall be conducted before a hearing examiner appointed by the
council or retained by contract with the city for that purpose. The applicant or the licensee shall
be provided an opportunity to present evidence and azgument as well as meet adverse testimony
or evidence by reasonable cross-examination and rebuttal evidence. The hearing examiner may in
its discretion permit other interested persons the opportwuty to present testnnony or evidence or
otherwise participate in such hearing.
(o-l) Procedure; hearing examiner. The hearing examiner shall hear all evidence as may
be presented on behalf of the city and the applicant or licensee, and shall present to the council
written findings of fact and conclusions of law, together with a recommendation for adverse
action.
The council shall consider the evidence contained in the recard, the hearing examiner's
recommended fmdings of fact and conclusions, and shall not consider any factual testimony not
previously submitted to and considered by the hearing examiner. After receipt of the hearing
examiner's findings, conclusions, and recommendations, the council shall provide the applicant
or licensee an opportunity to present oral or written arguments alleging enor on the part of the
exatniner in the application of the law or interpretation of the facts, and to present argument
related to the recommended adverse action. Upon conclusion of that hearing, and after
considering the record, the exaininer's findings and recommendations, together with such
additional azguments presented at the hearing, the council shall determine what, if any, adverse
action shall be taken, which action shall be by resolution. The council may accept, reject or
modify the findings, conclusions and recommendations of the hearing examiner.
(c-2) Fx parte contacts. If a license matter has been scheduled for an adverse hearing,
council members shall not discuss the license matter with each other or with any of the parties or
interested persons involved in the matter unless such discussion occurs on the record duting the
hearings of the matter or during the counciPs final deliberations of the matter. No interested
person shall, with knowledge that a license matter has been scheduled for adverse hearing,
convey or attempt to convey, orally or in writing, any information, azgument ar opinion about the
matter, or any issue in the matter, to a council member or his or her staff until the council has
taken final action on the matter; provided, however, that nothing herein shall prevent an inquiry
or communications regarding status, scheduling or procedures conceming a license matter. An
interested person, for the purpose of this pazagraph, shall mean and include a person who is an
officer ar employee of the licensee which is the subject of the scheduled adverse hearing, or a
person who has a financial interest in such licensee.
(d) Licensee or applicant may be represented. The licensee or applicant may represent
himself or choose to be represented by another.
(e) Record,• evidence. The hearing examiner shall receive and keep a record of such
proceedings, including testimony and e�chibits, and shall receive and give weight to evidence,
including heazsay evidence, which possesses probative value commonly accepted by reasonable
and prudent persons in the conduct of their afFairs.
( fl Council action, resolution to contain f:ndings. Where the council takes adverse action
with respect to a license, licensee or applicant for a license, the resolution by which such action
is taken shall contain its findings and determinafion, including the imposition of conditions, if
any. The council may adopt a11 or part of the findings, conclusions and recommendations of the
hearing examiner, and incorporate the same in its resolution takiug the adverse action.
(g) Additional procedures where required. Where the provisions of any statute or
ordinance require addifional notice or hearing procedures, such provisions sha11 be complied with
and shall supersede inconsistent provisions of these chapters. This sha11 include, without
limitation by reason of this specific reference, Mimiesota Statutes, Chapter 364 and Minnesota
Statutes, Section 340A.415.
(h) Discretion to hear notwathstanding withdrawal or surrender of application or license.
The council may, at its discretion, conduct a hearing or direct that a hearing be held regarding
revocation or denial of a license, notwithstanding that the applicant or licensee has attempted or
purported to withdraw or surrender said license or application, if the attempted withdrawal ar
surrender took place after the applicant ar licensee had been notified of the hearing and potential
adverse action.
(i) Continuances. Where a hearing for the purpose of considering revocation or
suspension of a license ar other disciplinary acfion involving a license has been scheduled before
the council, a continuation of the hearing may be granted by the council president or by the
council at the request of the licensee, license applicant, an interested person or an attorney
representing the foregoing, upon a showing of good cause by the pariy making the request.
(j} If the c�uncil unposes an adverse action as defined in section 310.01 above, a generic
notice of such action shall be prepazed by the license inspector and posted by the licensee so as to
be visible to the public during the effective period of the adverse action. The licensee shall be
responsible for taking reasonable steps to make sure the notice remains posted on the front door
of the licensed premises, and failure to take such reasonable precautions may be grounds for
fiuther adverse action.
(k) Imposition of costs. The council may impose upon any licensee or license applicant
some or all of the costs of a contested hearing before an independent hearing examiuer. The costs
of a contested hearing include, but aze not Innited to, the cost of the administrative law judge or
independent hearing examiner, stenographic and recording costs, copying costs, city stafF and
attomey tirne for which adequate records have been kept, rental of rooms and equipment
necessary for the hearing, and the cost of e�cpert witnesses. The council may impose all or part of
such costs in any given case if (i) the posirion, claim or defense of the licensee or applicant was
frivolous, azbitrary or capricious, made in bad faith, or made for the purpose of delay or
harassment; (ii) the nature of the violation was serious, or involved violence or the threat of
violence by the licensee or employees thereof, or involved the sale of drugs by the licensee or
employees thereof, and/or the circumstances under which the violation occurred were aggrauated
and serious; (iii) the violation created a serious danger to the public health, safety or welfare; (iv)
the violation involved unreasonable risk of harm to vulnerable persons, or to persons for whose
safety the licensee or applicant is or was responsible; (v) the applicant or licensee was
sufficiently in control of the sihaation and therefore could haue reasonably avoided the violation,
such as but not 1'united to, the nonpayxnent of a required fee or the failure to renew required
insurance policies; (vi) the violation is covered by the matrix in section 409.26 of the Legislative
Code; or (vii) the violation involved the sale of cigazettes to a xninor.
(1) Imposition of fines. The council may impose a fine upon any licensee or license
applicant as an adverse license acfion. A fine may be in such amount as the council deems
reasonable and appropriate, hauing in mind the regulatory and enforcement purposes embodied
in the particulaz licensing ordinauce. A fine may be in addition to or in lieu of other adverse
action in the sole discretion of the council. To the extent any other provision of the Legislative
Code provides for the imposifion of a fine, both provisions shall be read together to the eactent
possible; provided, however, that in the case of any conflict or inconsistency, the othex provision
shall be controlling.
(Code 1956, § 510.05; Ord. No. 17551, § 2, 4-19-88; Ord. No. 17559, §§ 1, 2, 5-17-88; Ord. No.
17659, § 1, 6-13-89; Ord. No. 17911, § 1, 3-10-92; C.F. No. 94-46, § 7, 2-2-94; C.F. No. 94-898,
§§ 2, 3, 7-13-94; C.F. No. 94-1340, § 2, 10-19-94; C.F. No. 95-473, § 4, 5-31-95)
Sec. 310.06. Revocation; suspension; adverse actions; imposition of conditions.
(a) Councid may take adverse action. The council is authorized to take adverse action, as
defined in section 310.01 above, against any or alllicenses or permits, licensee or applicant for a
license, as provided in and by these chapters. Adverse actions against entertainment licenses
issued under Chapter 411 of the Legislative Code may be inifiated for the reasons set forth in
subsection (b) below, or upon any lawful grounds which are communicated to the license holder
in writing prior to the hearing before the council. Such actions shall be initiated and carried out in
accordance with the procedures outliue in secfion 310.05; provided, however, that the format
notice of hearing shall be used to initiate the adverse action without the use of prior procedural
steps.
(b) Basis for action. Such adverse action may be based on one (1) or more of the
following reasons, which aze in addition to any other reason specifically provided by law or in
these chapters:
(1) The license or pernut was procuted by misrepresentation of material facts, fraud,
deceit or bad faith.
(2) The applicant or one (1) acting in his or her behalf made oral or written
misstatements or misrepresentations of material facts in or accompanying the
application.
(3) The license was issued in violation of any of the provisions of the Zoning Code,
or the premises which are licensed or which aze to be licensed do not comply with
applicable health, housing, fire, zoning and building codes and regulations.
(4) The license or permit was issued in violation of law, without authority, or under a
material mistake of fact.
(5) The licensee or applicant has failed to comply with any condition set forth in the
license, or set forth in the resolution granting or renewing the license.
(6) a.
The licensee or applicant (or any person whose conduct may by law be imputed to the licensee or
applicant) has violated, or performed any act which is a violation of, any of the provisions of
these chapters or of any statute, ordinance or regulation reasonably related to the licensed
activity, regardless of whether crnninal charges have or have not been brought in connection
therewith;
b. The licensee or applicant has been convicted of a crune that may
disqualify said applicant from holding the license in question under the
standards and procedures in Minnesota Statutes Chapter 364; or
a The licensee or applicant (or any person whose conduct may by law be
imputed to the licensee or applicant) has engaged in or permitted a pattem
or practice of conduct of failure to comply with laws reasonably related to
the licensed acrivity or from which an inference of lack of fitness or good
character may be drawn.
(7) The acfivities of the licensee in the licensed activity created or have created a
serious danger to the public health, safety or welfaze, or the licensee performs or
has performed his or her work or activity in an unsafe manner.
(8) The licensed business, or the way in which such business is operated, maintains or
permits conditions that unreasonably annoy, injure or endanger the safety, health,
morals, comfort or repose of any considerable number of inembers of the public.
(9) Failure to keep sidewalks or pedestrian ways reasonably free of snow and ice as
required under Chapter ll4 of the Saint Paul Legislative Code.
(10) The licensee or applicant has shown by past misconduct or unfair acts or dealings:
physical abuse, assaults or violent actions done to others, including, but not
limited to, actions meeting the definition of criminal sexual conduct pursuant to
Minnesota Statutes Sections 6Q9342 through 609.3451; sexual abuse, physical
abuse or maltreahnent of a child as defined in Minnesota Statutes Section
626.556, subdivisions 2 and 10e, including, but not limited to, acts which
constitute a violation of Minnesota Statutes Sections 609.02, subdivision 10;
609321 through 6093451; or 617.246; neglect or endangerment of a child as
defined in Minnesota Statutes Section 626.557, subdivision 2; the manufaciure,
distribution, sale, gift, delivery, transportation, exchange or barter of a controlled
substance as defined in Minnesota Statutes Chapter 152; the possession of a
controlled substance as defined in Minnesota 5tatutes Chapter 152 in such
quantities or under circumstances giving rise to a reasonable inference that the
possession was for the purpose of sale or distribution to others; or by the abuse of
alcohol or other dnxgs, that such licensee or applicant is not a person of the good
moral character or fitness required to engage in a licensed activity, business or
profession.
(11) The licensee or applicant has materially changed or permitted a material chattge in
the design, construction or configuration of the licensed premises without the
prior approval of the city council in the case of Class III licenses, the director in
the case of Class II licenses, and the inspector in the case of Class I licenses, or
without first having obtained the proper building permits from the city.
(12) The licensee or applicant has violated section 294.01 of the Legislative Code, or
has made or attempted to make a prohibited ex parte contact with a council
member as provided in section 310.05(a2) of the Legislative Code.
The terms "licensee" or "applicant" for the purpose of this section sha11 mean and include any
person who has any interest, whether as a holder of more than five (5) percent of the stock of a
corporation, as a partner, or otherwise, in the premises or in the business or activity which aze
licensed or proposed to be licensed.
With respect to any license for activities entitled to the protection of the First Amendment,
notwithstanding the foregoing provisions, neither the lack of good moral character or fitness of
the licensee or applicant nor the content of the protected speech or matter shall be the basis for
adverse action against the license or application.
(c) Imposition of reasonable conditions andlor restrictions. When a reasonable basis is
found to impose reasonable conditions and/or restrictions upon a license issued or held under
these chapters, any one (1) or more such reasonable conditions and/or restricfions may be
imposed upon such license for the purpose of promoting public health, safety and welfaze, of
advancing the public peace and the elimination of conditions or actions that constitute a nuisance
or a detriment to the peaceful enjoyment of urban life, or promoting security and safety in neazby
neighborhoods. Such reasonable conditions and/or restrictions may include or pertain to, but are
not limited to:
(1) A lnnitation on the hours of operation of the licensed business or establishment,
or on particular types of activities conducted in or on said business or
establishment;
(2) A lnnitation or restricfion as to the location within the licensed business or
establishment whose [sic] particular type of activities may be conducted;
(3) A limitation as to the means of ingress or egress from the licensed establishment
or its parking lot or unmediately adjacent area;
(4) A requirement to provide off-street parking in excess of other requirements of
law;
(5) A limitation on the manner and means of advertising the operation ar merchandise
of the licensed establishment;
(6) Any other reasonable condition or restriction limiting the operation of the licensed
business or establishment to ensure that the business or establishment will
hannonize with the character of the area in which it is located, or to prevent the
development or continuation of a nuisance.
T'he inspector may impose such conditions on Class I licenses with the consent of the license
holder, or may recommend the imposition of such conditions as an adverse action against the
license or licenses; the inspectar 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 license holder,
or upon any class of license as an adverse action against the license or licenses following notice
and hearing as may be required. Such conditions may be imposed on a license or licenses upon
issuance or renewal thereof, or upon and as part of any adverse acfion against a license or
licenses, including suspension. Conditions imposed on a license or licenses shall remain on such
licenses when renewed and shall continue thereafter until removed by the council in the case of
conditions on Class III licenses or conditions imposed by adverse action, and by the inspector in
the case of Class I and II licenses.
(d) Standards for multiple Zicense determination. In any case in which the council is
authorized to take adverse action against less than all of the licenses held by a licensee, or
applied for by an applicant, the following standards may be used:
(1)
�2)
(3)
(4)
(5)
(6}
�7)
The nature and gravity of the grounds found by the council to exist upon which
the adverse action would be based;
The policy and/or regulatory goals for the particulaz licenses involved, either as
embodied in the Legislafive Code or as found and detennined by the council;
The interrelationship of the licenses and their relative importance to the overall
business enterprise of the licensee or applicant;
The management practices of the licensee or applicant with respect to each of
such licenses;
The extent to which adverse action against less than all of the licenses or
applications would result in difficulty in enforcing and monitoring the adverse
action taken;
The hardship to the licensee or applicant that would be caused by applying
adverse action to a111icenses or applications; and
The hardship and/or danger to the public, or to the public health and welfaze, that
would result from adverse acrion against less than all of the licenses or
applications.
(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; Ord. No. 17901, §§ 2, 3, 1-14-92; Ord. No. 17917, §§ 2, 3, 3-31-92; Ord.
No. 17922, § 1, 4-28-92; C.F. No. 94-500, § 3, 7-6-94; C.F. No. 94-1340, § 3, 10-19-94; C.F.
No. 95-473, § 5, 5-31-95)
� � OPFICS OF TRS CITY ATTORNSY
Peg BUk, City Aaarrtey
CITY OF SAINT PAUL __ :;; � :'.' � �J �:rnNU�o„ �
Norm Co/emnn, Mayor 400 Gty Hal! 7e(ephorsc 612 266-8770
J� �IJi7 � j ��� �� �� ]SA'eslReQaggBlvd Facsi�le:67119R5679
Saint Pau� M'uueesota SSIO2
i 7y.��� � :i.�.l 14:.
���. ���i:7�
June 10, 1998
NOTICE OF HEARING
Mr. Michael M. Feist
Arcade Baz
932 Arcade Street
Saint Paul, Minnesota 55106
RE: A11 licenses held by Bram Corporation d/b/a Arcade Bar
for the premises located at 932 Arcade St. in St. Paul
License ID No.: 16204
Our File Number: G98-0206
Deaz Mr. Feist:
Please take notice that a hearing will be held at the following tune, date and piace concerning all
licenses for the premises staied above:
Date: Friday, July 10,1998
Time: 9:30 a.m.
Piace: Room 41
St Paul City Hall
15 W. Kellogg Blvd.
St. Paul, MN. 55102
The hearing will be presided over by an Administrative Law Judge from the State of Minnesota
Office of Administrative Hearings:
Name: Jon Lunde
Office of Administrative Hearings
100 Washington Square, Suite 1700
Minneapolis, MN. 55401
Telephone: 341-7645
�7
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 seetions 310.05
and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non-
intoxicating liquor, authority is aiso conveyed by Minnesota Statutes section 340A.415. Adverse
action may include revocation, suspension, fines and other penalties or conditions.
Evidence will be presented to the judge which may lead to adverse action against all the licenses you
hold at the above premises as follows:
The certificate of occupancy for the building at 932 Arcade Street was revoked
on December 2, 1997. Saint Paul Legislative Code §310.06(b)(3) permits
adverse action to be taken if the licensed premises °do not comply with
applicable health, housing, fire, zoning and building codes and regulations."
Because the certificate of occupancy has been revoked the license premises are
no longer in compliance with the applicable rules and regulations.
You have the right to be represented by an attorney before and during the hearing or you can
represent yourself. You may also have a person of your choice represent you, to the extent not
prohibited as unauthorized pracrice of law '
The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections
14.57 to 14.62 and such parts af the procedures under section 310.05 of the Saint Paul Legislative
Code as may be applicable.
At the hearing, the Adcuinistrarive Law Judge will have all parties identify thexnselves for the record.
The City will then 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's attomey may cross-examine. The Administrative Law Judge may
in addition heaz relevant and material testimony from persons not presented as wimesses by either
parry who have a substantiai interest in the outcome of the proceeding; for example, the owners or
occupants of property located in close pro�mity 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 prepaze Findings of Fact, Conclusions of Law, and a specific
recommendation for action to be taken by the City Council.
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 resoived or settled without a formal hearing, please contact or
have your attomey contact the undersigned. If a stipulation or agreement can be reached as to the
facts, that stipula6on will be presented to the Administrative Law Judge for incozporation into his
or her recommendation for Council action.
Notice of Hearing - Page 2
If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the
allegations against you which have been stated earlier in this notice may be taken as #rue. 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.
If you have any questions, you can call me at 266-8710.
Very truly yours,
J v � �vwvl
��i �
Virginia D. Palmer
Assistant City Attorney
cc: Nancy Thomas, Office of Administrative Hearings, 100 Washington Square, Suite 1�00,
Mpls, MN 55401
Nancy Anderson, Assistant Council Secretary, 310 City Hall
Robert Kessler, Director, LIEP
Christine Rozek, LIEP
Bruce Sylvester, Community Organizer, Payne Phalen Dist 5 Planning Counci1,1014 Payne
Ave., St. Paul, MN SS101
Notice o£ Hearing - Page 3
,�
t , ,
COURT OF APPEALS NUMBER:CX-98-1496
INDEX OF COIINCIL FILE (C.F.) 98-698
, DOC. DATB
NIIMBBR
DESCRIPTIQN
I3IIt�IDER
OF
PAGPs5
l. 8-5-98 Resolution and Green Sheet denying the 3
(date license application of 5005 Properties,
adopted Inc. d/b/a Hillcrest Bingo and adopting
by the Report of the ALJ with exceptions and
Council) amendments
F
3
7-20-98 Letter from District 2 Community Council
Attorney Mark Vaught regarding License
Application of 5005 Properties, Inc. d/b/a
Hillcrest Bingo
6-25-98 Letter from City Attorney to Mr. Joseph W.
Anthony announcing date of City Council
Hearing
E
`
4. 6-19-98 Letter from the State of Minnesota Office 1
of Administrative Hearings to the City
Clar'=: transmitting the Findings of Fact,
Conclusions and Recommendation for license
application of 5005 Properties, Inc. d/b/a
Hillcrest Bingo
5. 6-19-98 State of Minnesota Office of 13
Administrative Hearings for the City of
Saint Paul Findings of Fact Conclusions
and Recommendation -
6. 4-9-98
7. 11-6-97
8. 10-28-97
9. 12-8-97
10. 12-10-97
11.
12.
13.
14.
1-98
2-2-98
2-19-98
2-19-98
List of City's Proposed E�ibits for the
Administrative Hearing regarding the
license application for 5005 Properties,
Inc. d/b/a Hillcrest Bingo
Bingo Hall License Application
L.I.E.P. Review Checklist
Letter from Ken Ford to L,arry Saliterman
Letter from Lawrence Zangs to Larry
Saliterman
List of Bingo Halls located in Saint Paul
Letter from Bill Gunther to Robert Levine
Agreement on license conditions
Proposed Resolution with license
conditions
15. n/a Duplicate copy of index items #7-14
16. 11-19-97 Fax from Bob Minks to Larry Zangs
regarding tenant hours at Hillcrest
Shopping Center
2
15
1
1
1
1
1
1
1
22
5
17. 11-14-97
18. Undated
19
20
21
22
23
24
25
26
Fax of floor plan
Tenant floor plan of Aillcrest Shopping
Center
10-28-97 Fax of Hillcrest 1997 Rent Roll
Undated Hillcrest Bingo Square Foot Calculations
12-10-97
4-21-98
�=�j
Site Plan map (11��x16.5") labeled Exhibit
A
Fax of letter from Joseph Anthony to
Administrative Law Judge regarding filing
of briefs
Fax of letter from Joseph Anthony to
Administrative Law Judge in response of
Mark Vaught's letter dated April 3, 1998
4-3-98 Fax of letter from Mark Vaught to
Administrative Law Judge regarding
Prehearing Statement of District 2
Community Council
4-1-98
3-31-98
Letter and fax duplicate from Mark Vaught
to Administrative Law Judge
Letter from Joseph Anthony to
Administrative Law Judge in response to
letter dated March 27, 1998
27. 3-27-98 Letter from Administrative Law Judge to
Virginia Palmer, Gerald Frisch, Mark
Vaught and Steven Phillips regarding
letter from Mark Vaught dated March 26,
1998
28. 3-26-98
29. 3-24-98
30. 3-23-98
31. 3-18-98
32. 3-13-98
33. 3-6-98
Letter and fax duplicate from Mark Vaught
to Administrative Law Judge
Letter from Administrative Law Judge to
Ann Woods, Marjorie Barnard, Mickey
Michlitsch, Gary Unger and Karen Swenson
Letter from Virginia Palmer to
Administrative Law Judge in response to
letter dated March 18, 1998
Letter from Administrative Law Judge to
Virginia Palmer regarding motion mailed on
March 13, 1998
Letter from Virginia Palmer to
Administrative Law Judge including Pre-
hearing Motions
Letter from Virginia Palmer to Gerald
Frisch regarding Notice of Hearing
1
1
1
1
1
3
5
4
6
2
2
6
2
2
1
5
3
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
12-10-97
n/a
Undated
3-6-98
n/a
12-10-97
Site Plan map labeled as City's Exh. No. 9
Saint Paul Legislative Code 62.103,
310.05-07 and 403 with duplicate copies
of each Chapter.
Hours and parking for businesses on East
side of White Bear Avenue
Letter from Michael Pan to Scott Renstrom.
Duplicate copies of exhibits (letter and
map)
Site Plan map, Applicant Exhibit #1
Undated 2 photographs (and duplicates of each),
Applicant Exhibit #4 & #5
Undated Hillcrest Center parking lot count (and a
duplicate) Applicant Exhibit #2
9-22-97 Letter from Tim Dornfeld to Andrea Aayden
(and a duplicate) Applicant Exhibit #3
Undated Saint Paul Legislative Code 62.102,
Exhibit B
Undated
�
Hours and parking for businesses on East
side of White Bear Avenue (duplicate)
Exhibit C
Letter from Michael Pan to Scott Renstrom
(DUplicate) Exhibit D
4-20-98 Letter from Joseph Anthony to
Administrative Law Judge including
Applicant's Memorandum in Support of
Issuance of the License
4-20-98 Letter from Mark Vaught to Administrative
Law Judge including the Final Argument of
the District 2 Community Council
4-21-98 Fax copy of Letter from Mark Vaught to
Administrative Law Judge including the
Final Argument of the District 2 Community
Council
4-20-98 Letter from Virginia Palmer to
Administrative Law Judge including the
City's Final Argument
4-23-98 Letter from Joseph Anthony to
Administrative Law Judge regarding
Applicant's Reply Brief and proposed
Findings of Fact
4-24-98 Letter from Virginia Palmer to
Administrative Law Judge including the
City's Reply Brief
1
54
1
1
2
1
4
2
4
7
1
1
15
9
9
8
8
8
Rule 114-� v+ llant has the obligab� of notifi"inB t�'e
ellatC � ap � of the argument or submis
or after t�'e record is traT'S�� tO �e apP or e]erk of the �� courc ��sn the record
sion date so that the elerk ma. at yhe proper tune'
eourt, or �e aPPellate court, on motion by a Pa?'t�' ��e �lerk of Supreme Court
te � direet that the omission or len � the clerk
on its o� ��'� ' and if neeessazY that a n7armally, sueh notice should be gi'
ent be �ai'�'e�d, S �� y d, o f � myl eovrt a a�eek before the 30day period.
misstatem a roced and ttan bu;l+y or v;eight�' extubits,
supplementa� Tecord be PP If � �ecord conta'u�s �� for the
[j]] other questions as to the form lla� e0� °f � t � p�; must make spe
reeord shaIl be PTesented to the appe
prtation of such e�bits tn the Supreme
adopted Dec. 7, 1967, eff. Feb. 1, 1968. �.mended Jun 7983. Co�w't.
1983, eff. Aug. 1, 19&3; \oc. 10, 1983, eff, aug. 1 ,
���ry Committee �ote--lg g }11.02. Exhibits andModels cQ� d�ket
Rule 110.05. T4ii rule is substan��'% the same .� y,�},je of the tase and the appe
p. SO(e) and Fed.R.Ci�.P• i�(a>� aT'd number shall be endorsed upon all e�bits sent t,o �e
� as P.F��R'�'p roeedure £ormerly re- the appeuate �°�' E�bits a�d models
� cmnherome P the tiial eow't adininish'atAr �tith
replaces the
q �.� b ntinn.R.Cic.P. 09.07 to secm'e a settled �,�1 be returned t° or �ger PTOCe
� the remittitur when a neK � t of the appellate court
are ordered, but if the judgm
is final and neither a new trial nor fi': a� po°.�amay
giSLE 11L TRA.NS>fISSION OF TxE RECORD �e ordered, �e cierk of the aPi�
Rule 111.01. '11'ansmission of Record; Time y � y �ibits and models unless called for by
of dhe p within 3� days after entrY of the 3ud�'e
�r�ty,;n 10 days aftea' the due date for the �'S a � CQ �
llant's brief, the t�''al eourt adTmn'Sti'at°r shall of the appell 1, 1983;
the appe ellate 79�5; June 17, 1953> eff- Aug.
tp the clerk of the app Feb. 14, ,� 19�. Dec. 6, 1991, eff. Jan� 1,
�,rynsmit the record 19 � y g, Aug.
eourts, together with a numbered itemized list in �� d
quadruPlicate of all docum ea aanna h deS- Nov. i0> Hearing in
+ in tke record, identifi'ing .blt sha� be en- ord for PreliminarY
' llate court docket m"nber and Rule 111.03.._ �
niteness; eaeh document and � the Appellate Courts t � a a
} dorsed with the appe for a
�, corresponding number from the itemized ��T� t � P tp the Sime the record �s �� On �
� }Mal court, admic�strdt°r shall send a copy bi � � desires to make" a motion for �T�S��
A pa rtY haG-ing Possession o£ exhi �- p taY P aPPey�� for additiona] seeuritY
to a11 Part��� e rsedeas bond, or for any
�t shall trazLSm�t them with an itemized list in quadruP eal,or ° tliestaial court adm�n�strator at
! cate to t�e �1erk of tl�e apPellate Fourt� `II1� 10 daYs bond on_app t �� e apP
of the respondent's intermediate order, � sha11 trdmsn" el
! after the due date for e ad� ��T,�"gements �th �e request of an� Df �e original re�ord W�� �
� brie£..A P�Y shall � of bu1kY or weighty exhbits late court those p
� the clerk for the delivery � ��d �.om the party� designates•' 1983;
t eff. Aug. 1,
Amended Feb. 14, 1975; June 1?, 19 �+ � 1,
' and for the cost of ti'anSPor�''� Ang: 1, 7983; Dee. 6, 1991, eff� ._
� appy�ate cov�s. �'�'smission of the re�ord is effect- Nov. i0, 1983,
ed when the trial eourt administ�'at°r mails ar other- eff- y
� wise forwards the record to the appellate courts. 1992.
Amended Feb. 14, 1975; 3une 1�� 1�' �' Aug. 1,
1953; q Disposition of Kecord after APPeai
Dee. 6, 1991, eff. Jan. i, Rule I11.0 . ea1, t1�e elerk of the
?Jov. 10, i983, eff. AuB. 1, 1983; ,- . UPOn the tennination of.the app ��
appellatg zcow-�s shall trans� the on�
' 1992. �, .- • -._ • ' r . � - and maY ta'an..°mit the
G ,_ � 1967 , to the State Law LibrarY �ourt adm�nistr'�
Advis�n, Co�nmittee Note--� � 1967. -
� gules 311.61 and 1i1.02 C� P''On'� remainder of the record,to tUe tnal_ �._.,
aad Rvle {,pr. ; : ., . .: - � 1983, eff. AuB: 1.,.19
In 1975 � Rute � l u mbered as ILule 11�1)• Tnese .�.,•� . 19?5, 3une 12, eff. Jan. 1
111.02 was P ll(a) and (b), Amended 19&4,� eff. Ang. 1, 1983; Dee. 6, 1991,
rules are sirnilar to P.Fed.RAPP� 1966). � � Nov: 10, , , ._ . �- '; : � ' .
and Fed.R.Civ.P. i5(e) (as amended, July i, 1992. :; ?- :-. Ts �:",, . . ,
subsYant.iaallY the Proeedure SI��� . -.. �
They modify ll h Tye appellant '' ered Rule 111.04 in 19751 �
��.r by,Minn.Sup.CtR. V, l�e ��.Pt a3th his brief .. Rule,111.05. , LR.enumb . . .. . , .. - ..
has the duty of filingdu� af transmission of_ the, ; , `_'? � , .. .. _
� and apPe� bri ai reecord to the SuPT�' _ °' .' , �-. : ., � .. ., ': � -
3 mmainder of ttie b"� r � ' 5EKYED
CodrL is �mposed on the elerk the trial eourt. .:. .�-� RULES 112 to 114. L� .
The cterk`of the trial eourE also must prepar"e � `-` : , t �s ut' FOR FIITUFCE USE)
- ydeq"uaf.� inde'x of the iecord iv the s� Paz'agi dPh c,w4; 442 �., _
,was.apeeifie8'.in•'Minn.SuP.Ct.R. V, .
��
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
Shari Moore, Deputy City Clerk, being first duly swom, deposes and says that on September 17,1998 she
served the attached:
Index to the Saint Paul City Council File I`TO. 98-698
upon the following attomey(s), individual(s) or corporation(s) by placing a true and conect copy thereof in
an envelope addressed as shocvn and depositing the same, with postage prepaid, in the United States mails
at Saint Paul, Minnesota.
Clayton Robinson
Saint Paul City Attorney
Virginia D. Palmer
Assistant Saint Paul City Attomey
Atty. Reg. No. 128995
15 West Kellogg Blvd, Suite 400
Saint Paul, MN
Attomeys for Respondent
Joseph W. Anthony
Gena A. Braaten,
Fruth & Anthony
Attomeys At Law
3750 IDS Center
80 South Eighth Street
Minneapolis, MN 55402
Attorneys for Relator
c=�2� �'/�"�
Subscribed and sworn to before me
this (� t �- day of ` ,Q�pf(y� �t_. , 19�
�
Notary Public
•AAAi W Vr �MM/J�MMA/�n/�Mh/�M/�MJ�M 1
�� DcBORAH A. WiLEY
� NOTARY PUBIIC-MtXNE507A
RRMSEYCOUNTY
My Comm. Expl+es Jan. 31, 2000
iVVyV�Iy1M^JWVVH�'J\n(�ryy� _
CITIZEN SERVICE OFFICE
Fiad Owusu, City Clerk
CITY OF SAINT PAUL
Norm Coleman, Mayor
170 Ciry Hall TeL: 651-266�989
15W.KelloggBou[eva�d Fax: 651-166-8689
SaintPau[, Mismesota 55702
September 17, 1998
Frederick K. Grittner
Office of the Clerk of the Appellate Courts
245 Minnesota Judicial Center
St. Paul, Minnesota
Re: 505 Properties, Inc., d/b/a Hiilcrest Bingo
Appellate Court File: CX-98-1496
Dear Sir:
Enclosed herewith please find an index and original copies of the Saint Paul City
Council's record in the above referenced matter. This is the City Council's compiete
record and its index.
By copy of this letter, the index is being sent to Attorneys for Relator and
Respondent, together with affidavits of service by Mail.
Sincerely,
��� ���
Shari Moore
Deputy City Clerk
cc: Clayton Robinson, City Attorney (index only)
Virginia Palmer, Assistant City Attorney (index oniy)
Joseph W. Anthony, Attorney at Law (index only)
Gena A. Braaten, Attorneys at Law (index only)
Council File # - qa3
Presented By
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Green Sheet # ���
ll
Referred To Committee: Date
1
2 RESOLVED, that the licenses held by Bram Corporation, d/b/a Arcade Baz for the
3 premises at 932 Arcade Street, are hereby suspended effective upon passage and signature of this
4 resolution, until such tnne as the building in which the licensed business is operated has a valid
5 Certificate of Occupancy.
7 FURTHER RESOLVED, that the findings of fact and conclusions of law of the
8 Administrative Law Judge Report in this case, dated August 20, 1998, are expressly rarified and
9 adopted as the written findings and conclusions of the Council in this matter, and the
10 recommendation of the AT,J is hereby adopted.
11
12 This Resolution is based on the record of the proceedings before the ALJ, including the
13 hearing on July 10, 1998, the documents and e�ibits introduced therein, and the deliberations of
14 the Council in open session on September 23, 1998.
15
16 A copy of this Resolution, as adopted, sha11 be sent by first class mail to the
17 Adminisirative Law Judge and to Michael Feist.
Requested by Department of:
Adoption Certified by Cou cil Secretary
By:
Approved by Mayor: D e l.
By'
By:
Foxm Approved �y City Atto ey
$Y � ' '� _ \/ ✓ `�Y' "]r�✓1
Approved by Mayor for Submission to Council
By:
Adopted by Council: Date ����
Council Offices
Dan Bostrom, 266-8660
A4UST 8E ON COUNCIL AGENDA BY (OP.Tc7
October 14, 1998 Consent Agenda
9/29/98
xu�wee wn
TOTAL # OF SIGNATURE PAGES
GREEN SHEET
9i-9a3
No K��' "' �°"�
u��� u��-
❑ arvwnontr ❑ mruaK _
❑ wuwcui�aav¢rsas ❑ w�w�a��mm�eera
❑ r�ronlox�smsr�xp ❑
(CLIP ALL LOCATIONS FOR SIGNATURE)
Concerning adverse action against licenses held by Bram Corporation, DBA Arcade Bar,
932 Arcade Street.
PIANNING CqMAA1SS10N
CIB COMMITTEE
CIVIL SERVICE CAMMISSION
RSONALSERVICE CON7RACi5 MUSTANSWER TNE FOLLOWIN6 QUES7ION5:
Has this perswJfrtn everxorked untle� a coMraU farthis department?
YES NO
Has Mis Pe��rm erer been a citY emPbYee?
YES NO
Does this Pa��rm P� a sititl ra[ normaOYW�� M' any arteM citY emPbY�
YES NO
IS this pefsoruhrtn a tergetetl ventloR
YES NO
� �„� �P �a�.r �. �'
��#e�'a aQi�'v.....�.�..sE ,�,., �
� ` -1 1 .�
IFAPPROVED
AMOUNTOFTRANSACTION
COST/REVRlUE BUDfiETED (GRCLE ON�
VES NO
SOURCE ACTIVRYNUMBER
INFORMAiION (EXFWt�
OFFICE OF THE CITY ATTORNEY
Ciayton M. Robinsox, !a, Ciry Attorney
CITY OF SAINT PAUL
Norm Ca[eman, Mayor
August 28, 1998
Mr. Michaei Fiest
Arcade Bar
932 Arcade Street
Saint Paul, Minnesota 55106
au� � � 3��a
Re: Licenses held by Bram Corporation d/b/a Arcade Baz for the premises located at 932
Arcade St. in St. Paul
Our File Number: G98-0206
Deaz Mr. Fiest:
Please take notice that a hearing on the report of the Administrative Law Judge concerning the
above-mentioned license has been scheduled for 5:30 p.m., Wednesday, September 23,1998,
in the City Council Chambers, T'hird Fioor, Saint Paul City Hall and Ramsey County
Courthouse.
You have the opportunity to file excepfions 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 testnnony taken at this hearing. The Council wiil
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 judgement and discretion.
Sincerely,
` f ��
��
Virginia . Palmer
Assistant City Attorney
cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall
Robert Kessler, Director, LIEP
Christine Rozek, LIEP
Civil Division
�f'g��
d00CiryHall Telephone:651266-8710
ISWestRelloggBlvd Faaimile:657198-5679
Saint P¢u� �nnesot¢ 55702
NOTICE OF COUA'CIL HEARING Gp� ��;�;.:.�: :_-�:;�gf
Bruce Sylvester, Community Organizer, Payne Phalen Dist. 5 Plazuiiug Council, 1014
Payne Ave., St. Paul, MN 55101
���g�
8-2111-11759-3
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE CITY OF SAINT PAUL
In the Matter of the Licenses held by
Bram Corporation, d/b/a Arcade Bar
FINDINGS OF FACT.
CONCLUSIONS AND
RECOMMENDATION
The above-entitled matter came for hearing before Administrative Law
Judge Jon L. Lunde commencing af 9:30 a.m. on Friday, July 10, 1998, in room
41 of the City Hall-Courthouse in St. Paul, Minnesota. The hearing was held
pursuant to a Notice of Hearing dated June 10, 1998. The record closed on
Augusf 17, 1998, when the City filed its proposed Findings of Fact, Conclusions,
and Recommendation.
Virginia D. Pa{mer, Assistant City Attorney, Civil Division, 400 City Hall, 15
West Keliogg Boulevard, St. Paui, Minnesota 55102, appeared on behalf of the
Office of License, Inspections, and Environmental Protection (LIEP). Michael
Fiest, the president and sole owner of the Bram Corporation, 932 Arcade Street,
St. Paul, Minnesota 55106, appeared on behalf ofi himseff and his corporation.
NOTICE
This Report contains a recommendation and not a final decision. The St.
Paul City Councii will make the finai decision after reviewing the record and may
adopt, reject or modify the Findings of Fact, Conclusions and Recommendation
contained herein. Pursuant to the St. Paul Legislative Code, Section 310.05(c-
1), the City Councii's final decision shall not be made until this Report has been
made available to the parties to the proceeding and they have been provided an
opportunity to present oral or written arguments alleging error on the part of the
Administrafive Law Judge in the application of the law or the interpretation of the
facts, and an opportunity to present argument relating to any recommended
adverse action. The applicant and any interested parties should contact the St.
Paul Cify Council, 310 City Hall, St Paul, Minnesota 55102 to ascertain the
procedure for presenting argument to the Council.
STATEMENT OF ISSUE
Section 310.06(b)(3) of the St. Paul Legislative Code permits adverse
action against any license or permits held by a(icensee if the licensed premises
"do not comply with applicabfe health, housing, fire, zoning and building codes
Kt
and regulations." The Certificate of occupancy for the premises at 932 Arcade
Street has been revoked and the deadline for challenging the revocation has
expired. Due to the revocation of the Licensee's certificate of occupancy, must
all licenses and permits of the Licensee be revoked?
Based upon ali of the proceedings herein, the Administrative Law Judge
makes the following:
FINDINGS OF FACT
1. Bram Corporation, d/b/a Arcade Bar, holds Liquor On-Sale Sunday,
Liquor On-Sale-C, Restaurant (C), Entertainment Class A, Cigarette and
Gambling licenses for the premises at 932 Arcade Street, St. Paul, Minnesota.
Ex. 4.
2. Michael Fiest is the president of Bram Corporatic�, and the property
owner at 932 Arcade Street, St. Pauf, Minnesota.
3. The buiiding at 932 Arcade Street consists of several apartments as
weli as the bar. The certificate of occupancy is issued for the entire buiiding.
4. By letter dated December 4, 1997, Mr. Fiest was notified that the
certificate of occupancy for 932 Arcade Street was revoked. The letter set a
date, January 7, 1998, for a reinspection of the property, and informed Fiest of
the building code violations which needed to be corrected before a certificate of
occupancy couid be reissued. Ex. 1.
5. By letter dated January 9, 1998, Fiest was informed that the
necessary requirements had not been met for renewal of the certificate of
occupancy. A new reinspection date and time was set for February 1 Q, 1998,
and a list of the necessary corrections was again provided. Ex. 2.
6. At the reinspection on February 11, 1998, the corrections needed to
obtain the certificate of occupancy had not been completed, and on February 12,
1998, a citation was issued to Fiest for occupying a building without a certificate
of occupancy. Ex. 3.
7. By letter dated May 12, 1998, Fiest was notified that the Office of
License, Inspections and Environmental Protection woutd be seeking adverse
action against all licenses held by Bram Corporation, d/b/a Arcade Bar, because
the building in which the business is {ocated did not have a valid ce�tificate of
occupancy. Ex.5. �
8. The Licensee submitted a timely request for hearing, and this
proceeding commenced. Ex. 6.
9. As of the date of the hearing, no certificate of occupancy had been
issued for the buitding and some of the necessary corrections stii{ remained
undone.
2
0��_9�
10. The Office of License, Inspections and Environmental Protection
recommended ihat all licenses held by Bram Corporation, d/b/a Arcade Bar, be
suspended until such time as a certificate of occupancy is renewed for the
building.
11. The Licensee admitted that his certificate of occupancy was
revoked and stipulafed that ifs licenses and permifs should be suspended until ail
necessary work on the premises is completed and a cerfificate of occupancy
obtained.
Based upon the foregoing Findings of Fact, the Administrative Law Judge
makes the foilowing:
CONCLUSIONS
1. The St. Paul City Council and the Administrative Law Judge have
jurisdiction in this matter pursuant to Minn. Stat. § 14.55 and the St. Paul
Legislative Code §§ 310.05 and 310.06.
2. The Notice of Hearing issued by the City was proper and all
applicable substantive and procedural requirements have been fuffilied.
3. The City bears the burden in this matter of proving by a
preponderance of the evidence that adverse action is warranfed with respect to
the licenses held by Bram Corporation, d/b/a Arcade Bar.
4. Section 310.06(b)(3) of the St. Paul legislative Code permits adverse
action to be taken against any license or permits held by the licensee if the
licensed premises "do not comply with applicable health, housing, fire, zoning,
and building codes and regulafions.°
5. The City has established by a preponderance of the evidence that
the building at 932 Arcade Street does not comply with health, housing, fire,
zoning and building codes and regulations, as evidenced by the letters sent to
the licensee/building owner detai(ing the corrections that needed to be made, and
the revocation of the certificate of occupancy, and that Licensee was aware of
the revocation of the certificate of occupancy.
Based upon the foregoing Conclusions, the Administrative Law Judge
makes the following:
RECOMMENDA710N
IT IS HEREBY RECOMMENDED: That the St. Paul City Council take
adverse action against the ficenses hefd by Bram Corporation, d/b(a Arcade Bar
3
, ..
q��qa�
by suspending said licenses until such time as a certificate of occupancy has
been issued for the building at 932 Arcade Streef.
Dated this 20th day o4August, 1998
_�o>. � Z w-...�
ON L. LUNDE
Administrative Law Judge
NOTICE
The City is respectfully requested to provide a copy of its {nal decision to
fhe Administrative Law Judge by first class mail.
Reporfed: Tape recorded, one tape.
Not transcribed.
0
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEA1tINGS
100 Washington Square, Suite 1700
100 Washington Avenue South
Minneapolis, Minnesota 55401-2138
August20,1998
�ECEiVEL'
��� 2 � 1998
Fred Owusu
City Clerk
170 City Hall
15 W. Kellogg Blvd.
St. Paul, Minnesota 55102
CI7Y CLEftK
RE: In the Matter of the Licenses held by Bram Corporation, d/b/a
Arcade Bar; OAH Docket No. 8-2111-11759-3.
Dear Mr. Owusu:
Enclosed and served upon you is the Findings of Fact, Conclusions and
Recommendation of the Administrative Law Judge in the above-entitled matter.
Also enclosed is the official record. The tape recording of the hearing wifl be sent
to you under separate cover. We are now closing our file.
Yours very truly,
JLL:Ic
Enclosure
cc: Virginia D. Palmer
Michael Fiest
� rfc.
� �. ��
N L. LUNDE
Administrative Law Judge
Telephone:612/341-7645
Providing Impartial Hearings for Government and Citizens
An Equal Opport Employer
Administretive Law Section & Administrative Services (612) 34'I-7600 � TDD No. (612) 341-7346 s Fax No. (612) 349-2665
STATE OF MINNESOTA)
) ss
COUNTY OF HENNEPIN)
AFFIDAVIT OF SERVICE BY U.S. MAIL
Louise C. Cooper, being first duly sworn, hereby deposes and says that
on the 20 dav of August, 1998, at the City of Minneapolis, county and state
aforementioned, she served the attached FINDINGS OF FACT, CONCLUSIONS
AND RECOMMENDATION: OAH Docket No. 8-2111-11759-3 by depositing in
the United States mail at said City of Minneapolis, a true and correct copy
thereof, properly enveloped, with first class postage prepaid and addressed to
the individuals named herein.
Fred Owusu
City Clerk
170 City Hail
15 W. Kellogg Blvd.
St. Paul, MN 55102
Virginia D. Palmer
Assistant City Attorney
Civil Division
400 city Hall
15 West Kellogg Blvd.
St. Paul. MN 55102
Michael Fiest
Bram Corporation
932 Arcade St.
St. Paul, MN 55106
p�..�,�,�.�.. C , ��
Louise C. Cooper
Subscribed and sworn to before me
this 20th day of August 1998.
Q �
Notary Public
� n �,,�.., __ , .,.�,'. LAVONREC3AN
�t,-� � , y ', NOTARYPUBUC—MINNESOTA
� nnyc`�mm E�,,,;�� �� .._�,.s` iiENNEPiNWUNTY
i 4
• � � • � � � , ��My Comm. Expitee Jen. 91. Z000
�
8-2111-91759-3
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE CITY OF SAINT PAUL
In the Matter of the Licenses held by
Bram Corporation, d/b/a Arcade Bar
FINDINGS OF FACT.
CONCLUSIONS AND
The above-entitled matter came for hearing before Administrative Law
Judge Jon L. Lunde commencing at 9:30 a.m. on Friday, July 10, 1998, in room
41 of the City Hall-Courthouse in St. Paul, Minnesota. The hearing was held
pursuant to a Notice of Hearing dated June 10, 1998. The record closed on
August 17, 1998, when the City filed its proposed Findings of Fact, Conclusions,
and Recommendation.
Virginia D. Palmer, Assistant City Attorney, Civil Division, 400 City Hall, 15
West Keilogg Boulevard, St. Paul, Minnesota 55102, appeared on behalf of the
O�ce of License, Inspections, and Environmental Protection (LIEP). Michael
Fiest, the president and sole owner of the Bram Corporation, 932 Arcade Street,
St. Paul, Minnesota 55106, appeared on behalf of himself and his corporation.
NOTICE
This Report contains a recommendation and not a final decision. The St.
Paul City Councii will make the final decision after reviewing the record and may
adopt, reject or modify the Findings of Fact, Conclusions and Recommendation
contained herein. Pursuant to the St. Paul Legislative Code, Section 310.05(c-
1), the City Council's final decision shall not be made until this Report has been
made available to the parties to the proceeding and they have been provided an
opportunify to present oral or written arguments alleging error on the part of fhe
Administrative Law Judge in the application of the law or the interpretation of the
facts, and an opportunity to present argument relating to any recommended
adverse action. The applicant and any interested parties should contact the St.
Paul City Council, 310 City Hall, St. Paul, Minnesota 55102 to ascertain the
procedure for presenting argument to the Council.
STATEMENT OF ISSUE
Section 310.06(b)(3) of the St. Paul Legislative Code permits adverse
action against any license or permits held by a licensee if the licensed premises
"do not comply with applicable health, housing, fire, zoning and building codes
�
and regulations." The Certificate of occupancy for the premises at 932 Arcade
Street has been revoked and the deadiine for challenging the revocation has
expired. Due to the revocation of the Licensee's certificate of occupancy, must
all licenses and permits of the Licensee be revoked?
Based upon all of the proceedings herein, the Administrative Law Judge
makes the following:
FINDINGS OF FACT
1. Bram Corporation, d/b/a Arcade Bar, holds Liquor On-Sale Sunday,
Liquor On-Sale-C, Restaurant (C), Entertainment Class A, Cigarette and
Gambling licenses for the premises at 932 Arcade Street, St. Paul, Minnesota.
Ex. 4.
2. Michael Fiest is the president of Bram Corporation, and the property
owner at 932 Arcade Street, St. Paul, Minnesota.
3. The building at 932 Arcade Street consists of several apartments as
we(I as the bar. The certificate of occupancy is issued for fhe entire bui(ding.
4. By letter dated December 4, 1997, Mr. Fiest was notified that the
certificate of occupancy for 932 Arcade Street was revoked. The letter set a
date, January 7, 1998, for a reinspection of the property, and informed Fiest of
the building code violations which needed to be corrected before a certificate of
occupancy could be reissued. Ex. 1.
5. By letter dated January 9, 1998, Fiest was informed that the
necessary requirements had not been met for renewal of the certificate of
occupancy. A new reinspection date and time was set for February 10, 1998,
and a list of the necessary corrections was again provided. Ex. 2.
6. At the reinspection on February 11, 1998, the corrections needed to
obtain the certificate of occupancy had not been completed, and on February 12,
1998, a citation was issued to Fiest for occupying a building without a certificate
of occupancy. Ex. 3.
7. By letter dated May 12, 1998, Fiest was notified that the Office of
License, Inspections and Environmental Protection wouid be seeking adverse
action against all licenses held by Bram Corporation, d/b/a Arcade Bar, because
the building in which the business is located did not have a valid certificate of
occupancy. Ex.5.
8. The Licensee submitted a timely request for hearing, and this
proceeding commenced. Ex. 6.
9. As of the date of the hearing, no certificate of occupancy had been
issued for the building and some of the necessary corrections stiil remained
undone.
2
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OFFICE OF TfIE CITY ATTORNEY
Clayton M Robinson, Jc, City Anomey
CITY OF SAINT PAUL
Norm Coleman, Mayor
— � (✓ ` � zt - ! ,� Civil Division
� 400 Ciry Hall
Q4�� t� p 0};5� ISWestKelloggBlvd
�,� n�:' •' �amtPaul,�rmesota55702
Te7ephone: 651266-8710
Facsimile: 65l 298-5619
August 13, 1998
The Honorable Jon Lunde
� . ' . J �L� J�SV� , `
Admiaustrative Law Judge
Office of Administrative Hearing
100 Washington Square, Suite 1700
Minneapolis, MN 55401
RE: In Re the Licenses held by Bram Corparation d/b/a Arcade Bar
Deaz Judge Lunde:
Enclosed please find proposed Findings of Fact, Conclusions and Recommendation in the above-
entitled matter. I have not provided a copy to the Licensee, but will do so if you wish.
Sincerely, ^
� % )
�-0-��
Virgini�
Assistant City Attorney
STATE OF MINNESOTA
OFFICE OF ADMINISTRATTVE HEARINGS
FOR TF� CITY OF SA1NT PAUL
In the Matter of the Licenses
held by Bram Corporation
d/b/a Arcade Bar
FINDINGS OF FACT,
CONCLUSIONS, AND
RECOMI��NDATION
The above-enfitled matter came on for hearing before Administrative Law Judge 7on
Lunde on July 10, 1998, in Room 41 of the City Hall-Courthouse, Saint Paul, Minnesota.
Virginia D. Palmer, Assistant City Attorney, 400 City Ha11, Saint Paul Minnesota, 55102
appeazed for the Office of License, Inspections and Environmental Protecfion. Michael Fiest,
President of Bram Coiporation, 932 Arcade Street, appeared on his own behalf. At the time of
the hearing, parties stipulated to the fact that the certificate of occupancy was revoked.
This Report is submitted to the Saint Paul City Council pursuant to Saint Paul Legislafive
Code §310.05 (o-l). This Report is a recommendation, not a final decision. The Saint Paul City
council will make the final decision after a review of the recard, The Council may adopt, reject
or modify the Findings of Fact, Conclusions and Recommendations contained herein.
STATEMENT OF THE ISSUE
The issue to be determined in this proceeding is whether the licenses held by Bram
Corporation, d/b/a Arcade Bar, should be suspended due to the revocation of the certificate of
occupancy for the building in which the licensed premises aze located.
FINDINGS OF FACT
1. Bram Corporation, d/b/a Arcade Bar, holds Liq_uor On-Sale Sunday, Liquor On-Sale -
C, Restaurant (C), Entertainment Class A, Cigarette and Gambling licenses for the premises 932
Arcade Street, Saint Paul, Minnesota. Exh. 4
2. Michael Fiest is the President of Bram Corporation, and the property owner at 932
Arcade Street, Saint Paul, Minnesota.
3. The building at 932 Arcade Street consists of several apartments as well as the baz.
The certificate of occupancy is issued for the entire building.
4. By letter dated December 4, 1997, Mr. Fiest was notified that the Certificate of
Occupancy for 932 Arcade Street was revoked. The letter set a date, 7anuary 7, 1998, for a
reinspection of the property, and informed Fiest of the building code violations which needed to
be corrected before a Certificate of Occupancy could be reissued. Each. 1
5. By letter dated January 9, 1998, Fiest was informed that the necessary requirements
had not been met for renewal of the Certificate of Occupancy. A new reinspection date and time
was set for Februazy 10, 1998, and a list of the necessary corrections was again provided. E�. 2
6. At the reinspection on Febniary 11,199$, the corrections needed to obtain the
Certificate of Occupancy had not been completed, and on Febniary 12, 1998, a citation was
issued to Fiest for occupying a building without a certificate of occupancy. E�3
7. By letter dated May 12, 1998, Fiest was notified that the Office of License,
Inspecfions and Environmental Protection would be seeking adverse action against all licenses
held by Bram Corporation, d!b/a Arcade Bar, because the building in which the business is
located did not have a valid Certificate of Occupancy. E�.S
8. The Licensee submitted a timely request for hearing, and this proceeding commenced.
Exh.6
9. As of the date of the hearing, no Certificate of Occupancy had been issued for the
building and some of the necessary corrections stiil remained undone.
10. The Office of License, Inspecrions and Environmental Pzotection recommended that
alllicenses held by Bram Corporarion, d/b/a Arcade Baz, be suspended unfil such fime as a
Certificate of Occupancy is renewed for the building.
CONCLU5IONS
i. The Saint Paul City council and the Administrative Law Judge have jurisdiction in this
matter pursuant to Minn. Stat. § 14.55 and Saint Paul Legislative Code §§310.05 and 310.06.
2. The Notice of Hearing issued by the City was proper and all applicable substantive
and procedural due procedural due process requirements have been fulfilled.
3. The City bears the burden in this matter of proving by a preponderance of the evidence
that adverse acfion is wananted with respect to the licenses held by Bram Corporation, d/b/a
Arcade Baz.
4. Section 310.06(b)(3) of the Saint Paul Legislative Code pernuts adverse action to be
taken against any license or permits held by the licensee if the licensed premises "do not comply
with applicable health, housing, fire, zoning, and building codes and regulations."
5. The City has established by a preponderance of the evidence that the building at 932
Arcade Street does not comply with health, housing, fire, zoning and building codes and
regulations as evidenced by the letters sent to the licensee/building owner detailing the
corrections that needed to be made, and the revoca6on of the certificate of occupancy, and that
Licensee was awaze of the revocarion of the certificate of occupancy.
Based upon the foregoing Conclusions, the Adiniuistrative Law Judge makes the
following:
RECOIvIMENDA'I'ION
IT IS HEREBY RESPECTFiJLLY RECOIvIIvIENDED: That the Saint Paul City Council
take adverse action against the licenses held by Bram Corporation, d/b/a Arcade Baz by
suspending said licenses until such time as a Certificate of Occupancy has been issued for the
building at 932 Arcade Street.
Dated this day of August, 1998.
JON LUNDE
Administrative Law Judge
NOTICE
The City is respectfully requested to provide a copy of its final decision to the
Administrative Law Judge by first class mail.
Reported: Tape recorded (not transcribed).
6.
%
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE COUNCIL OF
1'FIE CITY OF SAINT PAUL
In Re the Licenses held by
Bram Corporation d/b/a Arcade Baz
932 Arcade Street
CITY'S PROPOSED
EXHIBITS
July 10, 1998
TO: Judge Jon Lunde, Administrative Law Judge, Office of Administrative Hearings, 100
Washington Square, Suite 1700, Minneapolis, Minnesota 55401
The following cons6tutes a list of the City's proposed e�ibits for the Administrative Hearing
on July 10, 1998.
Exhibit No.
E�. No. 1
E�. No. 2
E�. No. 3
E�. No. 4
E�. No. 5
E�. No. 6
E�. No. 7
Description
Inspection Checklist #1 dated December 4, 1997 (8 pp.);
Inspecfion Checklist #2 dated January 9, 1998 (7 pp.);
Violation Information form dated Febniary 12, 1998, with attached citation
and license information (3 pp.);
Licensing information (1 p.);
Notice of Violation dated May 12, 1998, with Affidavit of Service
� PP•);
Licensee's letter requesting administrative hearing, mailed May 26, 1998
� P•);
Notice of Hearing dated June 10, 1998, with �davit of Service (4 pp.).
Also attached please find courtesy copies of applicable St. Paul Ciry ordinances:
St. Paul Legislative Code § 310.05
St. Paul Legislative Code § 310.06
Respectfully submitted this l Oth day of July, 1998.
( ���,P `
Virgini . Palmer
Assistant City Attorney
Office of The City Attorney
400 City Hall
15 West Kellogg Boulevard
Saint Paul, Minnesota 55102
(612)266-8710
1UL-67-95 05:36 pM ST.PAUL FIRE DEPT.
612 2?8 6255 P.08
pEAAkTMS�T OF fiRE aND 5AFETY SERVICES
7imorhy X. futtrr, Firr ChieJ
D1Y:SION Qfi FIRb PREYENTION
Sterers Zactard, Ftrc Nnrshn!
C1TY aF SAIN'I` PAUL
Nom: ('�lr»mn. Mtttv�r
AECEMBER 4, 3997
1 P!J East 6teventh S1rKf Tr7ryrhnne.• b12-228�623a
Saia! °nu�, i4NS5IQt Fc[Simflt: 612-228-6241
PtEASE �OT��PP4SI�IENT QAT£A�D 1`Ih�E
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SAIAI'f PAI7L MN 55105
RE: Cextificate of (�ccupaz�cy Revocatian
93? ARCAAE ST ARCADE BAR No. oi Uniis: 4
f3ear Prnperry Representative:
Your builaing was ins�ted on DECEMBER 2. 1997, for 1he renewa[ of the Cen[ficate af
Qecupaney. inasmuch sa y�u have failed Fa compty with the appiicablc rcquiremcnts in a
reasonable amount of time Without a{�scat, i� has became necessan,' to revoke the Certificate oi
Decupsney fOr tha atove•eaptioned loeation in accordaner with ScCtiai 33.05 of tha Saint Paal
Legislntive Cade.
T1�S5 LE'1TER S�.RVES AS OFFIClA1. NOT3CE OF• RBVOCATi(7IZ.
Scciion 39.�5, SuSdivision S of thc Saint Paul Legisla4ive Gade turiher provides that � Duilding
shalt Lc Occupied with0ut a Ce1'uCuate oT Occupaacy. Feilurc io vatatc the bui{dtng ar ewnply
nit1� the attadsed Corredians List t�}�.1AN[SAitY 4 T998, mzy resutt in a crtcninal citatinn.
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mus[ 6e dane undex pernyit and wilh 17ie approW� aS llse Auiiding In�ec�ian and D+,�ign Aiv'ssitin,
35fl 5t. Pctcr Ste�et, 3nite 310, 5aint Paul, M��+�sots 35tOZ (�66-9U90).
If you havc any qucstions. }'olt may cantaet rne xt 228-6203.
Sinc�el�� ���
SRENT RICKGTSQN
Inspactor
CpRS-6
� e e icenses e Sy�ram orpora o�
— d!b/a Arcade Bar —
City's Exh. # 1
JUL-07-98 99:3� RM ST_PAUL FIRE DEPT. 612 228 6255 P.99
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n DaEC to be reinsp�ted: IOt30f47
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flWN�klAGENT A IlDItESS; 932 ARCADE ST, SAWT PAUL MN SS1dG
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JUL-07-98 05:37 AM ST.PAUL FIRE DEPT. 612 'L26 6255 P_16
. Priqt D�e: 10116t97(3}
Date to be re��ed: 10l30197
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CFO KEY_ 24607 UATA CHAIQGE �} USE GRpUP: A O��'pANCy: gpR�g,�AURANT �SQ
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SQUARE FPET: 7SSDINU4ISER OF UNZT9: 4 INSPBCTY}R: $RENT RICKE7'SOhl iY21
QN`NERIAGENf: MIKE FlF,S't'
��NERi�GENT' +°.DI�R�SS: 932 ARCADfi $T, SAINT PAUL MN SS1II6
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--�--.�..
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SUL-67-98 09:37 qM ST_PAUL FIRE DEPT_ 612 22$ 5255 P.11
Print bate: IO/15197{3)
Date to be relnspecded: 18130/97
REINSP�C�`TON CHECKT,IS�'
CP4 tC�Y: 146�:' DATA CHANGE �,, USE GRQUP, A OCCUPANCY: Bq$�gg'�'A�n^t ytp
ar..pc annRSSS: 932 ARCADE ST ARCAD� BAR
SQtiARE FPEf: 78�lNUMEEK UF UNYCS: 4 tN3PECf9R: SRENT RICKETStfN A'�1
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COMPANY TO TEST AND $ERVICE {�
1+TBEDED) TSE b'IRE ALAItM SXSTEM.
PROVinE I�octJPq�D7TATIDN Tp TH25
OFFSCE AS PRpQF OF COMP7,IANC'$.
N 34,11(6j
FS'iOV=pE FLU$ GAS ANAI,1�SZS
ALICUS+iENTATIQN ON HEATING PT�AN1'S
FOR RESIDENTZAL TJr72TS, SEE TFIE
ATTACHMENT R1Y-1.
� 34.7.I{g)
PRCIFERI.Y CF1P OPEI+I PIPE IN KITCHEN
DF VNST #2A.
cansm�n�rs:
DAT�:
TIhfE SEG;
REIA'5PECTt(}�i DATE;
0270METER:
1NSP bISCOUA+T
�
RETNSP�CTIQT7 CHAI2GE: YES ,� NO �
YES _ NO _„_
YIOLATtp]V LE9TER A'"�,
I.:� a.�N:a r;: ta
SIGh'ATllRE;
JUL-07-98 09:37 pM ST.PpUL FIRE DEPT- 61'L 228 6255 P.12
� Prim IY,�te: ID116i97(3}
,
' Aax ro be rcins�ted: SD/3QK17
REII�I3PECTIL}N CHECKLIST
CFD KEY: 14b07 DATA CHAI4GE {� USS GROUP: A Q�UPANCY: BAxlRES"1'!+L'RANT >SD
a�.,nc nnnxESS: 932 ARCAD� ST A.RC.4DE BAR
SQUARE FEET� 7880711[I1vIBF.12 OF U[dITS: 4 INSPECS BRSN'f AICKE154I3 921
oW1vER1AGENT: MiKE PIES'I'
OWNERltiG�1'�' ADDRESS: 432 ARCADE 5C, SAiNT PAUL ?vSN 55106
qWNFSt AGESdT PHOI�IE: 612-774-4207 CERTSFIED: D6718171 RF.1�E1VkL AUE: 03102J97
STA'i'[SS: C
�►W4iYASTWYt wfi#*���fif+�Mµ*►�%�N�kitik#f9l���'Mf�9�RN RtiF►�Frt��'41�W��t4��yR+1 ��FN #�t�iMi+YM��Af�ti4�Ff>YT#�kytl*kk�
K&Y,� Y=CDRRECTION A?ADE N=Ct11t1e74CT10N NflT MADS A°ADA� Yj��TION
ii�X�Ti�Mk��4�k�k#i�Y4�k�R�FtYnFb�F�FtyFwM��Y Y�MR�Y+�yM�7YYy�+li4Y�Y�tik/tAi#iYY�ftiMkit%Y�! t��M4 *��►IAkMYY4tiiF�kM4Wittik�6tsii
YIr�JA
� 34.14{2)(a}
CONTACT A ¢UAT,IFZED ELECTRICAL
CONTRACT4R TO 1tEWTItE A,LI+
RESIDBNTIAL Ui7IT5 TO CODE (g�T�IT
IxEQVIRED} , REM4VE ALL ILLEyGAL
WIRII�G THROUGHOUT R�SEDENTIAL
U1VIT5.
� 299F.3G2
TMME]]�ATELS' PRO�ITDE A OPBRATIQNAZ'
SMaKB AETECTOR IN UNIT #���
RESECUR� SMOKE DETECTOR TQ ���
IN UNIT #3A.
CoM�►tBNTS-
DATE.�
TIME HEG:
OI�OME'i�R;
iPtSP DI5C4iJNT
� � • r.• �a
R BIi�ISPECTI C3F4 13ATE:
EPR>:
REiNSPEC770N Gi�AAGE: 'YES � N� �._.
YES � A`R �
VIOLATECIN LET7'ER 9
-----�--
S2GNA'r`URE:
JUL-57-48 @9:38 RM ST.PAVL FIRE DEPT. 612 228 5255 P-13
' . . Ftint Date: 1Dlf4l97(3)
, I3ate w be reinsper.tsd: 10138197
REINSP�CTI�N �H�CKLIS°I'
CFQ KEY; 14647 DATA CHANGE �} USE GROliP: A OCCUPANCY: BARIRESTAURANT >SD
a�� nrsDxESS: 932 ARCADE ST ARCAD� BAR
SQUARE FEET: 7$80tNtJMBER OF CiNt'fS: A INSPE.CI'OR_ HRENT RICKETSON iJ21
OWN1iRfAGENT: MSKE FtEST
�WTi�RtAGEPIT ADDRES3: 932 ARCAI7E ST, SA1NT PAUL MN 55166
QW11ER AGEIV`I' PHONB: 6l2-774-9247 CSR7TFIED: 46f18171 RENE�T�'AL DIfE: 03/D2t97
5TATUSo C
♦t�t*MM�strw�rwewW�kxKSxa��r�sfiM*resxraesMxer+Trsaeatr�«+�r��rt�rt+r�rwrwqMw�tY
KPsY.• Y-CQRRECTION MADE N=CORREC7I�N N(1T h4�11>8 R=ADDED YlOLATION
4 WY+FF W Y�Ri fRS f fi�Y# ��"�'�WrtN+Mt�+kR��i�fTSf �6�tNXY�rt+iWT4Mifittwd�XMMMMWrt�tiY W kWNMit##y#il3iY+YY YWM49�qkSAktbtWYMR#fia�'iM
YJNJA
�� 34.09(3)(h�
1tEMOVE SURFACE MflUIQTED SXaIDE80LTS
FRC}M SECQND EXIT DOOR. HEMDVE
TIiIRA LOCKING DSVICE FRQM ENTRY
DOOR TQ 1JNIT #2A. NQ M�RE THAN
TWO DEV�CES TO UN7+OCK OR UNJaATCH
$EFDRE SXITZNT A UNIT.
IMMEDTAT�LY REMOVE SURFACI`s MQ[INTED
SLIDE HbvT ANP FADT,QCK ON ENTRY
]]OOR TO tTNIT #3A.
N -_ 34.1a {7)
SC:FAPE, PAIN's, AI�D FtBFINISH ALL
WALLS AND CEILINGS THRUUGFSOVT
RESIDENTI�T, 'I7NIT5. REPAITt ALL
${7LE5 IN WAS,T,$ 7aND REPLFaCE/REPATI2.
ALL MSSSING QR IIETERIORATE4
FLOORING THROUGHOUT. ALL Sl7RFACES
AND FLQORING SHALL BE MASNTASNED
�RT A PRt7FESSIDNAI, 8'TATE OF
MAINTENANC� AND REFAIR.
COMMENfiS:
DA7E;
OAOMETER:
IFdSP I3ISCOUNT
t a • �. a
TlMS SEG:
REINSPECTILYN DATE:
i��
R�INSPEGTI4N CHAI2GE: YES �_ NO _,�_
YES i NO _
VIOLATION LET1'ER #
S1GtJATliRE:
JUL-07-98 09:3$ PM ST.PpUL FIRE DEPT. 612 228 6255 P.15
" , Priat Date; 14/I6t97{3)
Date w be reiospected: 2413Gl97
REIN�PECTION CI�CKI.IST
CFO KEY: 14bp7 DATA CHANGg �j USE GRO{Jp: A OCCLfPANCY: BAR/TtESTAURA?VT �Sp
BLDG ADDHESS: 932 ARCAI}E ST ARGADE BAR
SQUARE FEET: 7880INfJM$Eg (yF UNiTS: 4 iNgpECTpR; gRE[YT 7tfCi�'TSpN �p2�
01i'NE$/AGE[Y!': MIKE FIESf
OY+'ISERIAC�E�T ApT)R$SS: 932 AgCADE ST. S�t7NT pAUL A-tI+i SS1Q6
OWNEft AGEHT PHD?dE: 622- CERTIFIffi; p6/1817t REbigWAL Dt1E: p3tfl2/g7
STATUS: C
♦RYW�Xyi4�itY�fiYW�i#+Y�k#��YY�t�FMrY�t»�tMti�kM WytOSW�IiYtY;�k� My�A�Mkl�RE�A�Yt*MNY�t�ti�ir�k3+kMik#+kw4:%Mk9dtiMitYT�KWaIY.�t4Y'Y*�Y
R�Y.' Y=C�RRECTIDNMADE 1 V�CORRECTl(JNNpTMADE A=AI?Ir�J y1QLAT7dN
iWY4�k.TFt�kWk##ttiKMk�RM�rlil�YYeN#4�kW�k�rRkiMYfNRM1WiM�##i�it*fifi�YWY#RS+YtW�WWYe�t#M+FNLY�MiY��Y# krti►��F�F�Y��kE4AY+kRM�MM�Y##k�R4i?fit
YjN/A
— �'
�
39.Q2 (C)
SUBMIT A COMl�LETE+D SMQK$ DETECTOR
AFFTDAYIT TO THZS OFFICE.
33.05tD7
�ZT #2B AND #38
REOCCUPI�p YRQT=I,
APP80VF,D BY THIS
ARa NOT TO 8E
I2EIN5FECTED AIJD
o�Faes,
� M�''� 1�.505
B�tOVIL�E A 2A-1pBC FIR$
E SN GXFZ' 580F ��A /` (�1 � � +�6U'.��'�
fCURRSNTLX SERVICED ,�D TAGGEDj F111`� � �'�
ANI? MpUNTED IN A VI$I$L�,
ACCESSTHL�3 LQCATION,
CC7MM�'NTS:
DATE;
TIME HE�.
REfiYSPECTION DATE:
flDOlyETEA:
!��
REINSt'EC1"t{}N GHARGE: YES �_ Np �
1NS? DZSCQtIP�T
YES ` Np „
VI4I,ATIDN LET"fEk q
� r ► :�.
—_._,�
$IGNATURB:
flF,YARTMEN'f OF ��E ANb SAFfiTY S�YICFS
iimoihy fC. FYticr, Fi+'e Ckie(
D[Y1SlON OF f[Rfi P1t£v�N'i'IaH
Skven liurora. Fin blurskd
, �,::-
t�.,�
l � f
1 �
�AAAI►;
crrx oF s,�zN� rau�.
Nnrm G�tru�ax. Alainr
JANUARY 9, 1498
MIKF. �IEST'
932 ARCADfi St'
SAINT PAiiL. MN 55106
��: Ce�ificate o£ Qccupancy Revocation
932 ARCADE ST ARCt,DE BAR No. ot Uniu: 4
Dear Propetty R�presenncative:
Your buitding wxs inspected on 1AtSIJARY 7, 1498, for the renewal of the Certificate of
pcc�paocY• lnasmuch as you Lave failed to comply witD s1�e aPptica6le raquicements in a
reawnabtc amonnt of time witLont appeat, it has become mtesssiy to T�evake the Cert�cate of
pecupancy tor the above-captioned location in acconiance wi�h Secuon 33.05 of c6c Seint Paut
LEgstative Cod�. -
TH1S L.E'['x'SR SERVES AS OFFICIAL N4TICE OF REV�ATSON.
Section 33.05, Subd7vis'wn 5 of she Saim Paul 1�gisla�i�e Code fnrrher p��das chu �m build�ng
shall be occupied wic.�M�t a Cercificate of OccupazKy. Failure to vacate tbe bui5ding ur mmpl7
with the uttached Correetions List by FEB12tJA�tY 91498, may rautt in a criminal eitatiorr.
Cnrrections requiring cnnsvucrian, etecuicsl, Qlwmbing, heating, sgrinkler or sas piping work
musc be done under pemxst snd with she agprovai of tbe Suilding lnspection and Design Divis4on,
350 St. Peter Str�, Suiu 310, Sainc Paul. Minn�ja 55502 (266-�94).
tf you have aoy <Nestinns. You may contact me at 228-62�8.
5'snceretY�
�� ��A�����
SRENC R[CT{£'CSON
Inspator
700 Easf Eleventk St��R Ttfeyhont: 6I2-228-62,?G
SairuPaal,MN551e1 Factfmitc:4t2.228�241
��SE IE4jE APPU�� �A► E At�� Tll i..
�� �1�n�!$ t��3�+
P4e2se mest 4� 1�speG�tt e3 �e F�� a� tdn9 �eys
tur ea�ss ID a� 9reas. tt y� aish � re�d+ed��e th¢
�,�tr�atCall &" 6et�eeti7�0andS:ODa�
C�.�37
����� � . �
_ dlbia Arcade Bar _
City's Exh. # 2
JUL-07-98 99:34 RM ST.PAUL FIRE DEPT. 612 228 fi255 P_02
, Pridt Date: 72l23147(4)
' Date ro bc resnapected: Dif0419$
REINSPECTIaN CHECKLTS°P
CFp KEY: 14507 DATA CHANGfi �) Z35E GRQUP: A OCCUPANCY: BARIRESTALRANT 754
SLFG ADAR�SS: 932 ARCADE S'1' ARCADE BA.R
SQUARE �EL'�': 7880,tI+IUMBLR OF UI�lSTS: 4 P.v`SFECS'4R: BRENT RTCKETSQIti '�J21 : i:�i
OWNERlACEiYT: MIKE FlE3T ,
OWNEItJAG�1Q'C ADARE5S: 932 ATiCAaEE ST, SARa'�' PAUL Mlv 5510G
dVvNfi32 AGENT PI�ONE: 612-774-92Ct7 CER72FIED: C6JI8l7] RENfiWAL I�llE: 03t(72147
STA'C[7S: It
1lMMYN+kY�*43t�M1�V'�S9Ril�i WWN�kft�Yik4M«1� Y�K�I P�R#fit►►PR�Ywi4Mx/4Wkrt�Fta �rMMM�RSAMMaY#ttiX�M�#i'FV 4Rl4ktt�MNk+F4X���M M+itN*6Ki�fi#x
KES": Y=CORRECTIDN MA73E N=CORRECT70N NOT MADE A=ADBEA VIOLATIDN
MX�liCYY�F+kii�ii WMS!#kt/kX�RM��+�Wwk�F� WrtF�F�F rFn�WM�k�FiRWMr ttsa+MM�4 ksJ N�M9 is� 4�F�NMi3►�N MW �F�t i�YNw4fi+1z*b4Mk+f s�YMAkMfiMMWMMk
Yr�rA
� 3a.as
POS� CEI2TIEICATE OF OC�lTPP.PJCY TN
A SJISIBLE LOCATSON FItOM BUILDY21GS
EXTERIOFt.
��
� MUFC 25.114 f_i1
Fd5T dCCUPANCY LdAD SSGDT IN A (j��/
VISISL� Z,flCATZ4N.
MUFC 65.10'7
DS5CONTINU� USE OF NON-APPR4VED
MLILTI-PLt7G AAAPTBRS THROLiGHOiTT
COMMERCIAL AREAS.
i� MU�'C 12.106 (C, EJ
-- �r - REMCJVE SUT2F7tCE MOUN�'ED SLILIE SOLT
FROM 42EAR EXIT Df>LFt (SAR AREA) .
_�j t�u�'C io.sa7tsa}
— 'f -- PERPRANENTL'Y SEAL OPF•IS CIiCI�'E iN
� BASEMENT OF COMMBI2CSAL AREA�
GOMAtENTS:
DAiE: , /" � � �t� _ _ 4I50METkR: � -L"�'..�
TtME BEC: %� Exn: J/�d i�s� aisca'vr�T
REiNSPECTION DATE: _ �� � YES _ NO V
REINSPLCTIah1 CFiARGF.: YP..S �IdO � VYCILATI4N LBT7"ER #�
SiGNATUR�: ��� r�"'
� o - � a
�
JUL-07-95 99:34 AM ST.PAUL FIRE DEPT. 612 228 6255 P.03
' . Print ]7ate� 12/23t97(4j
, A�ta ta be reinspected; b1104188
RELNSPECTION CHECKI�IST
CPO KEY: 146Q7 DATA CkiANGE L� L75E GROL3P: A OCCUPAI�C1': SARIRESCAZTRANT >54
BLDG ADDRESS; g�� ARCAD� ST :�RCADE BAR
SQUARE FEET; 388QlI�TTJMBER OF UNITS: 4 INSPEGTDR; BR81rT RICKET'S4N �21
�w?v�wnc�rrrr: �aucs xrFSr
4WNERtAGEl1T r1DIIRESS� 932 ARCADE ST, SAINT PAL3L MN 551Dfi
OWNER AGENT FH(3NE: 617r774-4207 C�TtTPt'IED: d6(18(71 liENSWAL DllG: 03102i97
STATUS: R
3iF1kYY�Yf#YY+'sw�tfsets}�keywwsY�nWW WW►WWGMWMYX�WY►Wn3�kf#taafliR►+#4WY�}►W�Mi�FNM+k44axYt�e44�iiA itit�kt#� iiMi+kk4Wi+i�k
REY: Y=CORfiECTIOR' �t1AE W=CORRECTlON NOZ MAIl� A=ADDED VIOLA770N
Ya�ak*� V iM�WV�W�NW�krt b4NW�k4#k�FN�WN�rt+MMMMT+kV#W firtk#f+ItsK4ss es3xii��li�k�kWiWWk�kN�W94N%�FMKwMkiti#iitbk�kttlt#F iii3iiki�YWkA
X�NJA
� 34.09{3) �e� �
PROVTI�E SCR�ENS 'WI�E1�� MI53iNG p-
`PHROUGHOUT ItESIDFsNTZAL UY3T'I'S.
� 34.10 {7}
SCRAPE, 2AS2�1T, AND REPTNSSH ALL
ItESTA�'IJTIAL COMMON AREAS (FIALLWAY
WALLS, CEXL�ATGS, AIQD FLODRS) AbSD
MAZN�'AIAi I1V A PY20FESSIbNAL STATE
OF REPATR.
� MUFC 14.108{a}
C4NTA�T A ¢t7ALSFZED RLARM SSR'VICS
COMPADiY T� TE5T A1V�D SERVICI3 (AS
N£EllBD).THE FIRE ALARM 5YSTEM.
PROVIDE DOCUMEI�'TATION TO THIS
OF'FICE AS PRpoF OF CUMPLZAIOCE .
� 34.11f6i
PRQVIDE FLUS GAS ANFlLXSIS
bQCUM�NTAT'SON ON HEATING PLANTS
P'DR RESI,GENTSA�r UNITS. SEE THE
}�TTACHMELdT RH-1,
CO�I?MTsNTS,
DATE:
TiME BEG:
REINSPECTION DATE�
pIi{SMETER:
END:
RETAFST'F:C7S073 Ci�IARG�: YE5 � NO _
VIQLATION I.ETTE1t iP
�1 �
� , ����.�� � ���
� y Gt
[NSP DI5COl7NT
Y�S _ ht0
�: � ►•�a
SIGNATURE:
�UL-07-98 09:�5 pM ST.PRUL FIRE DEPT� 612 22S 8255 P.04
' . . Prim Datc: IZ123197{47
, Date w be reinspecced: OIlU4l98
ItEI�iS�C'�UN CHE�I�LISF
CFO REY: 146Q7 I?ATA CHAIVGB �) USE GROUF: A dCCUFANCY: BA�l2i F.STAURAIVT >50
BLDG ADBRESS: 932 ARCADE ST ARCAI3LS' BAR
SQt7ARE FEET: 7880lHUMHER OF [INIT'S: 4 RdSPHCfQR: SRERlT RICKEI'SON !!21
QWh1ER1AGENT: MII� AIEST
QWidERJAGENT ADDI2BSS: 93Z ARCADE ST, SAII+IT PA[P MA' SS1Q6
QWNER AGENT PAON�: 612-77q-92tYJ CERTIFIED: Q6tlSt71 RENL^WAL DUH: 0310Z'97
STA'!'US: R
k�k�tf �t�l f�F tMtlAiEM 6R iR RRikSR��6LiN�ti�tM9&�kW4� W riYN i�+[�YY86+kt M�Yi�Ye+YYR�tYYl�W�t+k4oYW�Rk�kie�Ri ti$ #�k #i Ri tidii�kiRi►y y� RiN P+k� t��>
�fiY Y=CORRE�TIPNMAb1i N=CORRb'CTION NOT A��ADE A-ADIl�D VI�Lr37'70N
♦�sR��a�i kseESa�sss!l�ti� RTrt�F+FM�hMWX�X�FMF�Y/S��*�'lMb��kflefTifA��fF#ftfifix�FkF�fii KtFM#Mfi�FM�I*9�X�n�EwMMMFMM�k+Pl�Ya�FiA'k.t Afifi+Fi�iM
Y/iJ/A
� 34.11(4�
PROPBRLY CAP OPEN PSPE YN FcTTCHEP7
QP UNST #2A.
� 34.1Q{2}{aJ
COATTACT A Qt7ALIFIEA ELECTRTCAL
CONTRPsCTDR TQ I2EWIRE ALL
RESIIIENT�AL UNTTS TC7 CdX7$ (PERMIT
RfiQUIRED} . REMOVE ALL ��,LEGAI,
SPIRING TxRO[IGHQVT RESIDEPITTAL
UD7ITS .
299F.362 �
IMM&DIATELY FR6'trSD� A OPERATIONRJa ��
BMOKE I>ETECTOR IN IINST #2B.
RSSECURE SMOKE AETECTO�i TO WALL L�
IN IINYT #3A.
COMMfiN2�:
DATB.
TiME SEG:
REINSPECTIQN DA7'�:
ODOMETER:
EiYA:
CTiARGE: YES " N{3
VIpLATION LE7"PER �i_
INSP DISCOiJNT
YE5 _ NO _..,.
• � • !h!
SIGNAT'URB;
dUL-57-98 09:35 AM ST.PAUL FIRE DEPT. 612 228 5255 P.05
• ' Pript Duce: i;J23147(4)
�, Daze w Ue reiaspectw: DF104l98
RETNSPECTIQN CHECXT1Ia''T'
CFO KLY: 14b07 AATA CIiq��E �} liSB G1�OUP: A OCCLTAhiCY: BARIFtFStAURANT 9 SO
g�c a�nx�ss: 932 A.RG4DE ST ARCADE BAR
SQUARE FEET': 78R4/iYUMBER OF UMITS: 4 INSP�CIY?R: BTt�h*T RICKET'50H �21
OtVNERtAGENT: MIKE FIEST
OWhEKJAGENT ADDRBSS: 432 tIRCADE ST, SAthP!' FAUL MN SS1aG
OW11ER AGENT PHpNE; 6I2-77q-9247 CERTIFIED: 04118171 RENEWAL DU&; 031d2147
STAT[IS: R
•iR#YMf M&Ye�Y#t#/?w4YWPMMfi+k+t#WY�W�VtM4ykWN5k�k�F*�k�hMi�RR+ttt+k##�kiR�MFMN+K*K�k*#iY�4�MAkY�yARM�ki�8YW4#\X�M *AN�WMiF#�Ri#WFAMM♦
KTsY.' Y=CORRECTION MADE N=CORRECTION NOT MQdJE A=ADDED YIOLAT'lON
#ItAkYYY�Y4#0lY�w WMY��k+Y4ti *rtMw�M#ttfinay�MWMkirsiT�F�FNN�YW+MR4�ftN'fi�kNtBWW►y�+F#�FiaeFiAkW�YMk�Mt�R�Ftlk�F.�Y�k#+F+IWMk�IeY�t#�kRMYW�YMi
'XfN/A
1 ' �'
+ ��� . � c•
•• • i ��.• .,.
- - - - ., .
_ ,.
..
- - . .; - -
i
34.10{7)
SCIiAPE, PASN'T, AND REFSNISH ALE+
WALLS ANII CExLING6 TiiR4UGIFpUT
RESIDENTYAL LTNIT3. REPAIR AI,L
HOLE5 SN WALL9 ANA REPI,ACEJREPAIR
ALL M.ISSTNG pR DETSRIQRATED
FLOUI2IPTC, "PAROIIGHOCST. AP.�L SURFACES
AND F7�OORING SHALL BE MALI4TASNED
SN A HRQFESSIpNAL STATE DF
MAINTENRWC� APTD 12�'I+AZR.
CQMA48NTS;
�ATE:
TiMB B�G:
REINSPECTtC1N DATE:
ODO�f ETER:
ENIJ:
REtNSPECTtpN CFiARGE� Y£S � NO
INSF DTSCOtlNT
YES !, NO _
VIULATIDtV LETFER #
�� ��!!' . �� �w,
SIGYATLt1tE:
JUL-9T—QS 09:35 AM ST.PAUL FIRE DEPT. 612 228 6255 P.96
� , Priut Date: i21�3l97{4}
, T3ate ta be reinsFeaed: O1JC4,'98
��������� ������
CFO XEY; 14501 I3ATA CHAIVC>E �} IISE GROt3P: A 4CCUFANCY: BARlRESTAtIRANT �SQ
BT,IaG ADDRESS: 9�� ARCADE ST ARG'AI3E BlLR
SQt7ARE FEET: 788(1/NUMSER OF UN1TS: 4 INSPECTOR: BRENT RiG'I�TSON #21
OVFNERfAGBPdT: N.IISE FtEST
DWNERlAGENT RDDRESS: 932 ARCADE ST, SAINT PAUL Mld 55146
OWNER AGEN'F PH�NE: 62Z-774-92p7 CERT'IF2ED: 0611$t71 kEE?�tEWAL DUE: 031QZ/9 i
STATUS: R
iiFrt####i*it��Y*li.i�NX�ViM�le�Fi�MMlN�Fbµ�M�MM�FMYT�!#t#�4�k#W'MY�'FktM�CMk�F44l�t�#�ki#�lY�yYWW WYyMM�f�4MWR►Ni64tM��K��iR3R}R'���+tY��tY
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Y/NJA
� 34.7.0 (4)
REPAIR Oit REPLACE MI83ING AND/OR
DETERTORATEA �THRDOM FLOORING
THRpUGH017'S` ALZ LiNITS . BATHROOM
FLOORS SHP.T�L BE EMPERUIOUS TQ
6dATER,
� 34.14C27 �l�) {C}
PROVSDE COVER PLATES 'RXERE MISSING
7'�714pUGH0UT RESIDEMTFAL AREAS.
� $ 5 .106 ( a} t�^""
DISCONTTNTJE i75E QF E7iTEATSI0S3 q � y ��
CORD3 IN ANTT #28 A1�IA �'HROVGHdTJT p
12ESIf}ENTIAL 7�2E,Ti8.
� 34.16(1}
TEDTANTS Ta CLEAIV ATFD MAINTATP3
REAR BEDROOM YAT A CLEAN AND
SANZTRRY CONLtITION UNIT ��R (ROOM
IS CURRF�NTLY I75$D AS ST�RAG$,
CLUTTPsRED WITH ANIMhI� F8CE5, ETC?
COI+fMfiNT5:
Lr7:�t1�E
TIME BEG:
REINSP6CTIOhi DATE:
ODDMETER:
INSP DFSCAll1�tT
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YE5 � NO _
REINSPECt'IQN CHARGE; YES �, Ni3,_
Vi41.A1'IQN LETTER �'
.:� atn. � s: �a`
SIGNATUR�:
.�. JU1-67-98 �9:36 AM ST-PRUL FIRE ➢EPT. 612 228 6255 P_67
, ' Print D,7te: 12123t97(G)
,,' Datc to be reir�speatcd: 41lQ4196
�����CTT�� ��' �����
CFO KE�: 14�7 BATA CHANGS � USE GAOliP; A dCCUPANCY: BARlRESTAURANT >50
sLaa nDn�ss: 932 Al2CADE ST ARCADE BAR
SQUA�$ �BET': 788alA OF [fA1T'I'S: 4 MSPEGTOFt- 6REPIT RICKE'i SON �'21
DWh'ER/AGENT: MI1� FTES7
01VNER(AGEIv"T ADDTtP,$S; 932 ARCADE SP, SAINT PAUL MN SSI�
OYJNER AGEN7 PiiONE: bl?-774-92Q7 CERTIFIF.D; 46I18171 RENEWAL DL1E: Q3/02/47
STATUS: R
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KEY.• Y=CaRREC7'!ON MAIJE N=CORR&CTION NOT hlADE A�ADDED PIDLATION
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rlNrA
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SUBMI'I' A CQMPLETED SA40KE DETECTOR
AFPSDA�ST TO T}SIS QFFICE.
1�7 33.05 (DJ
UNIT #2B }iN'l7 #3B ARE ND'S' TO HE
I2SDCCL7PTED VNTIL REIN5PECTEI] AND
AYPROVE➢ BY THIS OFFICE,
CtlMMENTS:
DATE:
TlME BEG:
RE[NSPECTtON ])ATE:
ODOML�TSR: . �
END:
REINSPECTTON CHARGE: YES � NO �
INSP DISCOUri'T
Y8S „_._ ND ,_
YIt)LATTdh� LETTER N
a a • �• a
S[GNATUBE:
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D'c7A:27?.2EM OF FIRE AND SAFcf'y S&'LV ICS
Tunoriry K Fu!/c�, Firt Gicf
-. DNISION OF FIRp PILVE,*77'ION !
S�cvrn Zcccaid, F+re Marrnc!
CrIY Or SAL�vT PALZ
Norm Cafcman, Maya�
iw.:sri oc-.<nm �mtcr lc!ennonc 6/Z-_c36231
.:a:��?cuf,.-Y1N5510/ Fncsimii<:612-?23-6247
VIOLA'�'ION IYFORtiL�.TION
VIOT.ATION DAT.�
�
Chronolo�y on back
// �r
INSPECTOR'S N?.il�fE (print) ��✓7/TL- jfsc'�j�ax/ n
d/b/a Arcade Bar _
City's E�. # 3
OF�TER/AGEYI' VERTFICATION
II � � ( D � �` �' z�"�lc-ti 7`�./� �v (.c�rt�'L�E° W �1✓.�/.�7� � ////.G ��llt G7�c� II
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STATEOFMINNESOTA-RAMSETCOUNTYDISiq{('��OURS GITYCF ' /'�l1=�
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2 8-29-22-32-C.oj-8 01 ST. PAUL * ACTIVB s 02/12/98
NAMES-------------------- -- ---- ------ -- -------- -- ---------------------�
FEE OWNER...! i
04J13/94 ! BRAM CORPORATION ?
04/13/94 ! 932 ARCADE ST !
! ST PAUL MN 551063851 !
PROP ADDR...! 932 ARCADE ST ! �
! ST. PAUL MN 551�63851 !
TAX DESCRIPTION-----------------------------------------------------------------
PLAT..00226.! WILLIAMS RE-ARRANGEMENT OF ? LOT SIZE .............5,625 SQ FT
! BLOCK 3, NELSON'S ADDTI'ION ! .12 ACRES
! TO THE CTI'I' OF ST. PAUL !
DESC........! NELSONS ADDITION !
! SUBJ TO ESMT; S 75 FI' !
! OF LOTS 16 & !
! LOT 17 !
--------------------------------------------------------------------------------
C OMMENTS ----------------------- ----- - ----------------------------
Alt-Z FOR I3ELP° WYSE 50 ° HDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° ON-LINE
Lic ID ................... 16204
STAT ..................... AC
Business Name............ BRAM CORPORATION
Doing Business As........ ARCADE BAR
Address .................. 932 ARCADE ST
Zip ................•-••.. 55106
E�cp Date ................. 02/28/98
License Name ............. GAMBLING LOCATION (CLASS C)
. LIQ-ON SALE-100SEATS/LESS-C
. SUNDAY ON SALE LIQUOR
. ENTERTAINMENT - CLASS A
. RESTAURANT (C)-LIMITED
. CIGARETTE
NOTE AREA ................ INSP CHANGE FROM O1 TO 02 ON 3/20/92
. 10361
. 65 SEATS 5-5-87
. 040588 PH TO CONSIDER ADVERSE ACTION - LAYED OVER
. FOR THREE (3) WEEKS
. 071988 REPORT OF ADMIN LAW JTJDGE, INCLUDING FINDIN
. GS OF FACT, CONCLUSIONS AND RECOMMENDATION IN THE
. MATTER OF ADVERSE HEARING INVOLVING THE LIQUOR LIC
. ENSE OF THE BRAM CORPORATION DBA ARCADE BAR.
. 072188 11 CONSECUTIVE DAY SUSPENSION (8/7/88 THRU
. a/i�/ss) C.F. 88-1224
. 090688 RENEWAL OF 013188 APP'D C.F. 88-1466
. 9/14/89 PA ON APPN FOR NEW OF CLASS A GAMBLING
. LOCATION LICENSE APP'D C.F. 89-1649
. 1/17/95 ENTERTAINMENT CHANGED FROM CLASS 2 TO A
. PER C.F. #94-1447
. 1995-7% DISC ON LIQ FEE APPLIED TO 2ND 1/2-LAP-LIC
. 4/11/96 CIG CODE ADDED FR/ID# 17937--LAP-LIC
. 1/28/97 INVOICED FOR 7% DISC RECEIVED IN 1996 AS
. TRAINING WAS NEVER RECEIVED-- $ DUE 2/18/97--LAP
. 6/5/97 $294_00 RECEIVED FOR 1996 7o DISCOUNT
. GRANTED BUT NOT EARNED--LAP-LIC
. 1997 7o DISC REFLTNDED P.V.# V-330-9943--KRD-LIC.
Bond Policy Number.......
Bond Company .............
Bond Effective Date......
Bond Expiration Date.....
Insurance Carrier........
Ins. Policy Number.......
Insurance Effective Date.
Ins. Expiration Date.....
Associated Stock Holder..
ROYAL INS CO
RSP259105
03/24/97
02/28/98
WILLIAM C MARTINEAU
MICHAEL M FEIST
Dealer No ................
Tax Id ................... 5096825
Worker Comp Exp Date..... 12/06/94
Telephone ................ 7'74-9207
����. — - ` .
_ d/b/a Arcade Bar _
City's Exh. # 4
�A ;.
��
OFFI�OF Tf� CITY ATTORNEY
PegB tyAttamey
CITY OF SAINT PAUL Civil Division
Norm Calemars, Mayor 400 City Hall
I S Wes[ Kellogg Blvd
Saint Pau[, Minnesota SSI01
�
May 12, 1998
NOTICE OF VIOLATION
Owner/Manager
Arcade Baz
932 Arcade Street
Saint Paul, Minnesota 55106
RE: All iicenses held by Bram Corpontion d/b/a Arcade Baz
for the property located at 932 Arcade St. in St. Paul
License ID No.: 16204
Deaz Sir/Madam:
Telephone: 612 266-8770
F¢aimile: 6l2 298-5619
The D'uector of the Office of License, Inspecfions and Environmental Protection is recommending
that adverse action be taken against your license. The basis for the adverse action is:
The certificate of occupancy for the building at 932 Arcade Street was revoked
on December 2, 1997. Saint Paul Legislafive Code §310.06(b)(3) permits
adverse action to be taken if the licensed premises "do not comply with
applicable health, housing, fire, zoning and building codes and regulations."
Because the certificate of occupancy has been revoked the licensed premises are
no longer in compliance with the applicable rules and regulations.
If you do not dispute the above facts please send me a letter with a statement to that effect. The
matter will then be scheduled for a hearing before the St. Paul City Council to determine what
penalty, if any, to impose. You will have an opportunity to appeaz and speak on your own behalf,
or to have someone appeaz there for you.
On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing
before an Administrative Law Judge (AL.�. If you wish to have such a hearing, please send me a
letter stating that you aze contesting the facts. You will then be sent a"Notice of Hearing," so you
wiil know when and where to appeaz, and what the basis for the hearing will be.
� e e�censes e y ram or ora , o�
— d/b/a Arcade Bar —
City's Egh. # 5
_ Page 2 •
'° � ' Arcade Baz
May 12, 1998
�
In either case, please let me know in wrifing no later than Monday, May 26,1998, how you
would like to proceed. If I have not heard from you by that date, I will assume that you are
not contesting the facts. The matter will then be scheduled for the hearing before the St. Paul
City CouncII.
If you have any questions, feel free to call me or have your attorney call me at 266-8710.
Sincerely,
`�/�..��J
�� ��
Virguria D. Palmer
Assistant City Attorney
cc: Robert Kessler, Director, LIEP
Christine Rozek, LIEP
Bruce Sylvester, Community Organizer, Payne Phalen Dist. 5 Planning Counci1,1014 Payne
Ave., St. Paul, MN 55101
. ..
s
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY
�
AFFIDAVIT OF SfiRV2Cfi BY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on May 12, 1998, she served the attached I30TICE OF VIOLATIOI3
on the following named person by placing a true and correct copy
thereof in an envelope addressed as follows:
Owner/Manager
Arcade Bar
932 Arcade Street
St. Paul, MN. 55106
(which is the last known address of said person) and depositing the
same, with postage prepaid, in the United States mails at St. Paul,
Minnesota.
Subscribed and sworn to before me
this 12th day of May, 1998.
PETER P. PANGgpRN
ND7ARY p�gLIC — MINNESOTA
N Comm. ExPi�es Jart 31. �
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OPFICS OF T'88 CITY ATTORNSY
Peg Bi� Attornry
CITY OF SAINT PAUL CrvHDiviston
Norm Co[emarr, Mayor 400 Ctty Hall
IS WetY %rl[oggBfvd
Saia1 Pau� M'�nnesota 55702
i
June 10, 1998
NOTICE OF HEARING
Mr. Michael M. Feist
Arcade Bar
932 Arcade Street
Saint Paul, Minnesota 55106
RE: All licenses held by Bram Corporation d/b/a Arcade Bar
for the premises located at 932 Arcade St. in St. Paul
License ID No.: 16204
Our File Number: G98-0206
Deaz Mr. Feist:
Te[ephone: 611 266-8 77 0
Facsi�ti/c 6Z219&56Z9
Please take notice that a hearing will be held at the following tune, date and place concerning all
licenses for the premises stated above:
Date: Friday, July 10,1998
Time: 9:30 a.m.
Place: Room 41
St. Paul City Hall
15 W. Kellogg Blvd.
St. Paui, MN. 55102
The hearing will be presided over by an Administrafive Law Judge from the State of Minnesota
Office of Administrative Hearings:
Name: Jon Lunde
Office of Administrative Hearings
100 Washington Square, Suite 1700
Minneapolis, MN. 55401
Telephone: 341-7645
� e e icenses e y ram orpora io �
— d/b/a Arcade Bar —;
City's Exh. # 7
� �
The Council of the City of Saint Paul has the authority to provide for hearings conceming licensed
premises and for adverse action against such licenses, under Chapter 310, inciuding sections 310.05
and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non
into�ucating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse
acrion may include revocation, suspension, fines and other penalties or condifions.
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:
The certificate of occupancy for the building at 932 Arcade Street was revoked
on December 2, 1997. Saint Paul Legislative Code §310.06(b)(3) permits
adverse action to be taken if the licensed premises °do not comply with
applicable health, housing, fire, zoning and buiiding codes and regulations.°
Because the certificate of occupancy has been revoked the license premises are
no longer in compliance with the applica6le rules and regulations.
You have the right to be represented by an attomey before and during the hearing or you can
represent yourself. You may also have a person of your choice represent you, to the ea�tent not
prohibited as unauthorized practice of law.
The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections
14.57 to 14.62 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 themseives for the record.
The City will then present its wimesses and evidence, each of whom the licensee or attorney may
cross-exasnine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to
present, each of whom the City's attomey may cross-examine. The Administrative Law Judge may
in addition heaz relevant and material testimony from persons not presented as witnesses by either
parry who have a substantial interest in the outcome of the proceeding; for example, the owners or
occupants of property located in close proximity to the licensed premises may have substantial
interest in the outcome of the proceeding. Concluding azguments 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 by the City Council.
You should bring to the hearing ail documents, records and witnesses you will or may need to
support your position. Subpoenas may be available to compel the attendance of wimesses or the
production of documents in confornuty 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 sripulation or agreement can be reached as to the
facts, that stipulation will be presented to the Administrative Law 3udge for incorporation into his
or her recommendation for Council action.
Notice of Hearing - Page 2
� �
If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the
allegations against you which have been stated earlier in this notice may be taken as #rue. If non-
public da#a 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.
If you have any questions, you can call me at 266-8710.
Very truly yours,
J u � ��-K.ri�
C��
Virginia D. Palmer
Assistant City Attorney
cc: Nancy Thomas, Office of Administrative Hearings, 100 Washington Square, Suite 1700,
Mpls, MN 55401
Nancy Anderson, Assistant Council Secretary, 310 City Hall
Robert Kessler, Director, LIEP
Cluistine Rozek, LIEP •
Bruce Sylvester, Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne
Ave., St. Paul, MN 55101
Notice of Hearing - Page 3
i�
.a� ; 1
�
STATE OF MINNESOTA
COUNTY OF RAMSEY
�
ss. AFFIDAVIT OF SSRVICE BY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on June 12, 1998, she served the attached NOTICE OF HEARING on
the following named person by placing a true and correct copy
thereof in an envelope addressed as follows:
Mr. Michael M. Feist
Arcade Bar
932 Arcade Street
St. Paul, MN. 55106
(which is the last known address of said person) and depositing the
same, with postage prepaid, in the United States mails at St. Paul,
Minnesota.
Subscribed and sworn to before me
this 12th da�of Jy�e,_1998.
PETER P.PANG80RN
NOTARY PUBLIC - MINNESOTA
IY Comm. E�ires.lan.37.2�
Sec. 310.05. Hearing procedures.
(a) Adverse action; notice and hearing requirements. In any case where the council may
or intends to consider any adverse action, including the revocarion or suspension of a license, the
imposition of conditions upon a license, or the denial of an application for the grant, issuance or
renewal of a license, or the disapproval of a license issued by the State of Minnesota, the
applicant or licensee sha11 be given notice and an opporhxnity to be heazd as provided herein. The
council may consider such adverse actions when recommended by the inspector, by the director,
by the director of any executive depaztment established pursuant to Chapter 9 of the Charter, by
the city attorney or on its own initiative.
(b) Notice. In each such case where adverse action is or will be considered by the council,
the applicant or licensee sha11 have been notified in writing that adverse action may be taken
against the license or application, and that he or she is enfitled to a hearing before action is taken
by the council. The notice shall be served or mailed a reasonable time before the hearing date,
and shall state the place, date and time of the hearing. The nofice shall state the issues involved
or grounds upon which the adverse acrion may be sought or based. The council may request that
such written notice be prepazed and served or mailed by the inspector or by the city attomey.
(c) Hearing. Where there is no dispute as to the facts underlying the violation or as to the
facts establishing mitigating or aggravating circumstances, the hearing sha11 be held before the
council. Otherwise the hearing shall be conducted before a hearing examiner appointed by the
council or retained by contract with the city for that purpose. The applicant or the licensee shall
be provided an opportunity to present evidence and azgument as well as meet adverse testimony
or evidence by reasonable cross-examination and rebuttal evidence. The hearing examiner may in
its discretion permit other interested persons the opportwuty to present testnnony or evidence or
otherwise participate in such hearing.
(o-l) Procedure; hearing examiner. The hearing examiner shall hear all evidence as may
be presented on behalf of the city and the applicant or licensee, and shall present to the council
written findings of fact and conclusions of law, together with a recommendation for adverse
action.
The council shall consider the evidence contained in the recard, the hearing examiner's
recommended fmdings of fact and conclusions, and shall not consider any factual testimony not
previously submitted to and considered by the hearing examiner. After receipt of the hearing
examiner's findings, conclusions, and recommendations, the council shall provide the applicant
or licensee an opportunity to present oral or written arguments alleging enor on the part of the
exatniner in the application of the law or interpretation of the facts, and to present argument
related to the recommended adverse action. Upon conclusion of that hearing, and after
considering the record, the exaininer's findings and recommendations, together with such
additional azguments presented at the hearing, the council shall determine what, if any, adverse
action shall be taken, which action shall be by resolution. The council may accept, reject or
modify the findings, conclusions and recommendations of the hearing examiner.
(c-2) Fx parte contacts. If a license matter has been scheduled for an adverse hearing,
council members shall not discuss the license matter with each other or with any of the parties or
interested persons involved in the matter unless such discussion occurs on the record duting the
hearings of the matter or during the counciPs final deliberations of the matter. No interested
person shall, with knowledge that a license matter has been scheduled for adverse hearing,
convey or attempt to convey, orally or in writing, any information, azgument ar opinion about the
matter, or any issue in the matter, to a council member or his or her staff until the council has
taken final action on the matter; provided, however, that nothing herein shall prevent an inquiry
or communications regarding status, scheduling or procedures conceming a license matter. An
interested person, for the purpose of this pazagraph, shall mean and include a person who is an
officer ar employee of the licensee which is the subject of the scheduled adverse hearing, or a
person who has a financial interest in such licensee.
(d) Licensee or applicant may be represented. The licensee or applicant may represent
himself or choose to be represented by another.
(e) Record,• evidence. The hearing examiner shall receive and keep a record of such
proceedings, including testimony and e�chibits, and shall receive and give weight to evidence,
including heazsay evidence, which possesses probative value commonly accepted by reasonable
and prudent persons in the conduct of their afFairs.
( fl Council action, resolution to contain f:ndings. Where the council takes adverse action
with respect to a license, licensee or applicant for a license, the resolution by which such action
is taken shall contain its findings and determinafion, including the imposition of conditions, if
any. The council may adopt a11 or part of the findings, conclusions and recommendations of the
hearing examiner, and incorporate the same in its resolution takiug the adverse action.
(g) Additional procedures where required. Where the provisions of any statute or
ordinance require addifional notice or hearing procedures, such provisions sha11 be complied with
and shall supersede inconsistent provisions of these chapters. This sha11 include, without
limitation by reason of this specific reference, Mimiesota Statutes, Chapter 364 and Minnesota
Statutes, Section 340A.415.
(h) Discretion to hear notwathstanding withdrawal or surrender of application or license.
The council may, at its discretion, conduct a hearing or direct that a hearing be held regarding
revocation or denial of a license, notwithstanding that the applicant or licensee has attempted or
purported to withdraw or surrender said license or application, if the attempted withdrawal ar
surrender took place after the applicant ar licensee had been notified of the hearing and potential
adverse action.
(i) Continuances. Where a hearing for the purpose of considering revocation or
suspension of a license ar other disciplinary acfion involving a license has been scheduled before
the council, a continuation of the hearing may be granted by the council president or by the
council at the request of the licensee, license applicant, an interested person or an attorney
representing the foregoing, upon a showing of good cause by the pariy making the request.
(j} If the c�uncil unposes an adverse action as defined in section 310.01 above, a generic
notice of such action shall be prepazed by the license inspector and posted by the licensee so as to
be visible to the public during the effective period of the adverse action. The licensee shall be
responsible for taking reasonable steps to make sure the notice remains posted on the front door
of the licensed premises, and failure to take such reasonable precautions may be grounds for
fiuther adverse action.
(k) Imposition of costs. The council may impose upon any licensee or license applicant
some or all of the costs of a contested hearing before an independent hearing examiuer. The costs
of a contested hearing include, but aze not Innited to, the cost of the administrative law judge or
independent hearing examiner, stenographic and recording costs, copying costs, city stafF and
attomey tirne for which adequate records have been kept, rental of rooms and equipment
necessary for the hearing, and the cost of e�cpert witnesses. The council may impose all or part of
such costs in any given case if (i) the posirion, claim or defense of the licensee or applicant was
frivolous, azbitrary or capricious, made in bad faith, or made for the purpose of delay or
harassment; (ii) the nature of the violation was serious, or involved violence or the threat of
violence by the licensee or employees thereof, or involved the sale of drugs by the licensee or
employees thereof, and/or the circumstances under which the violation occurred were aggrauated
and serious; (iii) the violation created a serious danger to the public health, safety or welfare; (iv)
the violation involved unreasonable risk of harm to vulnerable persons, or to persons for whose
safety the licensee or applicant is or was responsible; (v) the applicant or licensee was
sufficiently in control of the sihaation and therefore could haue reasonably avoided the violation,
such as but not 1'united to, the nonpayxnent of a required fee or the failure to renew required
insurance policies; (vi) the violation is covered by the matrix in section 409.26 of the Legislative
Code; or (vii) the violation involved the sale of cigazettes to a xninor.
(1) Imposition of fines. The council may impose a fine upon any licensee or license
applicant as an adverse license acfion. A fine may be in such amount as the council deems
reasonable and appropriate, hauing in mind the regulatory and enforcement purposes embodied
in the particulaz licensing ordinauce. A fine may be in addition to or in lieu of other adverse
action in the sole discretion of the council. To the extent any other provision of the Legislative
Code provides for the imposifion of a fine, both provisions shall be read together to the eactent
possible; provided, however, that in the case of any conflict or inconsistency, the othex provision
shall be controlling.
(Code 1956, § 510.05; Ord. No. 17551, § 2, 4-19-88; Ord. No. 17559, §§ 1, 2, 5-17-88; Ord. No.
17659, § 1, 6-13-89; Ord. No. 17911, § 1, 3-10-92; C.F. No. 94-46, § 7, 2-2-94; C.F. No. 94-898,
§§ 2, 3, 7-13-94; C.F. No. 94-1340, § 2, 10-19-94; C.F. No. 95-473, § 4, 5-31-95)
Sec. 310.06. Revocation; suspension; adverse actions; imposition of conditions.
(a) Councid may take adverse action. The council is authorized to take adverse action, as
defined in section 310.01 above, against any or alllicenses or permits, licensee or applicant for a
license, as provided in and by these chapters. Adverse actions against entertainment licenses
issued under Chapter 411 of the Legislative Code may be inifiated for the reasons set forth in
subsection (b) below, or upon any lawful grounds which are communicated to the license holder
in writing prior to the hearing before the council. Such actions shall be initiated and carried out in
accordance with the procedures outliue in secfion 310.05; provided, however, that the format
notice of hearing shall be used to initiate the adverse action without the use of prior procedural
steps.
(b) Basis for action. Such adverse action may be based on one (1) or more of the
following reasons, which aze in addition to any other reason specifically provided by law or in
these chapters:
(1) The license or pernut was procuted by misrepresentation of material facts, fraud,
deceit or bad faith.
(2) The applicant or one (1) acting in his or her behalf made oral or written
misstatements or misrepresentations of material facts in or accompanying the
application.
(3) The license was issued in violation of any of the provisions of the Zoning Code,
or the premises which are licensed or which aze to be licensed do not comply with
applicable health, housing, fire, zoning and building codes and regulations.
(4) The license or permit was issued in violation of law, without authority, or under a
material mistake of fact.
(5) The licensee or applicant has failed to comply with any condition set forth in the
license, or set forth in the resolution granting or renewing the license.
(6) a.
The licensee or applicant (or any person whose conduct may by law be imputed to the licensee or
applicant) has violated, or performed any act which is a violation of, any of the provisions of
these chapters or of any statute, ordinance or regulation reasonably related to the licensed
activity, regardless of whether crnninal charges have or have not been brought in connection
therewith;
b. The licensee or applicant has been convicted of a crune that may
disqualify said applicant from holding the license in question under the
standards and procedures in Minnesota Statutes Chapter 364; or
a The licensee or applicant (or any person whose conduct may by law be
imputed to the licensee or applicant) has engaged in or permitted a pattem
or practice of conduct of failure to comply with laws reasonably related to
the licensed acrivity or from which an inference of lack of fitness or good
character may be drawn.
(7) The acfivities of the licensee in the licensed activity created or have created a
serious danger to the public health, safety or welfaze, or the licensee performs or
has performed his or her work or activity in an unsafe manner.
(8) The licensed business, or the way in which such business is operated, maintains or
permits conditions that unreasonably annoy, injure or endanger the safety, health,
morals, comfort or repose of any considerable number of inembers of the public.
(9) Failure to keep sidewalks or pedestrian ways reasonably free of snow and ice as
required under Chapter ll4 of the Saint Paul Legislative Code.
(10) The licensee or applicant has shown by past misconduct or unfair acts or dealings:
physical abuse, assaults or violent actions done to others, including, but not
limited to, actions meeting the definition of criminal sexual conduct pursuant to
Minnesota Statutes Sections 6Q9342 through 609.3451; sexual abuse, physical
abuse or maltreahnent of a child as defined in Minnesota Statutes Section
626.556, subdivisions 2 and 10e, including, but not limited to, acts which
constitute a violation of Minnesota Statutes Sections 609.02, subdivision 10;
609321 through 6093451; or 617.246; neglect or endangerment of a child as
defined in Minnesota Statutes Section 626.557, subdivision 2; the manufaciure,
distribution, sale, gift, delivery, transportation, exchange or barter of a controlled
substance as defined in Minnesota Statutes Chapter 152; the possession of a
controlled substance as defined in Minnesota 5tatutes Chapter 152 in such
quantities or under circumstances giving rise to a reasonable inference that the
possession was for the purpose of sale or distribution to others; or by the abuse of
alcohol or other dnxgs, that such licensee or applicant is not a person of the good
moral character or fitness required to engage in a licensed activity, business or
profession.
(11) The licensee or applicant has materially changed or permitted a material chattge in
the design, construction or configuration of the licensed premises without the
prior approval of the city council in the case of Class III licenses, the director in
the case of Class II licenses, and the inspector in the case of Class I licenses, or
without first having obtained the proper building permits from the city.
(12) The licensee or applicant has violated section 294.01 of the Legislative Code, or
has made or attempted to make a prohibited ex parte contact with a council
member as provided in section 310.05(a2) of the Legislative Code.
The terms "licensee" or "applicant" for the purpose of this section sha11 mean and include any
person who has any interest, whether as a holder of more than five (5) percent of the stock of a
corporation, as a partner, or otherwise, in the premises or in the business or activity which aze
licensed or proposed to be licensed.
With respect to any license for activities entitled to the protection of the First Amendment,
notwithstanding the foregoing provisions, neither the lack of good moral character or fitness of
the licensee or applicant nor the content of the protected speech or matter shall be the basis for
adverse action against the license or application.
(c) Imposition of reasonable conditions andlor restrictions. When a reasonable basis is
found to impose reasonable conditions and/or restrictions upon a license issued or held under
these chapters, any one (1) or more such reasonable conditions and/or restricfions may be
imposed upon such license for the purpose of promoting public health, safety and welfaze, of
advancing the public peace and the elimination of conditions or actions that constitute a nuisance
or a detriment to the peaceful enjoyment of urban life, or promoting security and safety in neazby
neighborhoods. Such reasonable conditions and/or restrictions may include or pertain to, but are
not limited to:
(1) A lnnitation on the hours of operation of the licensed business or establishment,
or on particular types of activities conducted in or on said business or
establishment;
(2) A lnnitation or restricfion as to the location within the licensed business or
establishment whose [sic] particular type of activities may be conducted;
(3) A limitation as to the means of ingress or egress from the licensed establishment
or its parking lot or unmediately adjacent area;
(4) A requirement to provide off-street parking in excess of other requirements of
law;
(5) A limitation on the manner and means of advertising the operation ar merchandise
of the licensed establishment;
(6) Any other reasonable condition or restriction limiting the operation of the licensed
business or establishment to ensure that the business or establishment will
hannonize with the character of the area in which it is located, or to prevent the
development or continuation of a nuisance.
T'he inspector may impose such conditions on Class I licenses with the consent of the license
holder, or may recommend the imposition of such conditions as an adverse action against the
license or licenses; the inspectar 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 license holder,
or upon any class of license as an adverse action against the license or licenses following notice
and hearing as may be required. Such conditions may be imposed on a license or licenses upon
issuance or renewal thereof, or upon and as part of any adverse acfion against a license or
licenses, including suspension. Conditions imposed on a license or licenses shall remain on such
licenses when renewed and shall continue thereafter until removed by the council in the case of
conditions on Class III licenses or conditions imposed by adverse action, and by the inspector in
the case of Class I and II licenses.
(d) Standards for multiple Zicense determination. In any case in which the council is
authorized to take adverse action against less than all of the licenses held by a licensee, or
applied for by an applicant, the following standards may be used:
(1)
�2)
(3)
(4)
(5)
(6}
�7)
The nature and gravity of the grounds found by the council to exist upon which
the adverse action would be based;
The policy and/or regulatory goals for the particulaz licenses involved, either as
embodied in the Legislafive Code or as found and detennined by the council;
The interrelationship of the licenses and their relative importance to the overall
business enterprise of the licensee or applicant;
The management practices of the licensee or applicant with respect to each of
such licenses;
The extent to which adverse action against less than all of the licenses or
applications would result in difficulty in enforcing and monitoring the adverse
action taken;
The hardship to the licensee or applicant that would be caused by applying
adverse action to a111icenses or applications; and
The hardship and/or danger to the public, or to the public health and welfaze, that
would result from adverse acrion against less than all of the licenses or
applications.
(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; Ord. No. 17901, §§ 2, 3, 1-14-92; Ord. No. 17917, §§ 2, 3, 3-31-92; Ord.
No. 17922, § 1, 4-28-92; C.F. No. 94-500, § 3, 7-6-94; C.F. No. 94-1340, § 3, 10-19-94; C.F.
No. 95-473, § 5, 5-31-95)
� � OPFICS OF TRS CITY ATTORNSY
Peg BUk, City Aaarrtey
CITY OF SAINT PAUL __ :;; � :'.' � �J �:rnNU�o„ �
Norm Co/emnn, Mayor 400 Gty Hal! 7e(ephorsc 612 266-8770
J� �IJi7 � j ��� �� �� ]SA'eslReQaggBlvd Facsi�le:67119R5679
Saint Pau� M'uueesota SSIO2
i 7y.��� � :i.�.l 14:.
���. ���i:7�
June 10, 1998
NOTICE OF HEARING
Mr. Michael M. Feist
Arcade Baz
932 Arcade Street
Saint Paul, Minnesota 55106
RE: A11 licenses held by Bram Corporation d/b/a Arcade Bar
for the premises located at 932 Arcade St. in St. Paul
License ID No.: 16204
Our File Number: G98-0206
Deaz Mr. Feist:
Please take notice that a hearing will be held at the following tune, date and piace concerning all
licenses for the premises staied above:
Date: Friday, July 10,1998
Time: 9:30 a.m.
Piace: Room 41
St Paul City Hall
15 W. Kellogg Blvd.
St. Paul, MN. 55102
The hearing will be presided over by an Administrative Law Judge from the State of Minnesota
Office of Administrative Hearings:
Name: Jon Lunde
Office of Administrative Hearings
100 Washington Square, Suite 1700
Minneapolis, MN. 55401
Telephone: 341-7645
�7
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 seetions 310.05
and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non-
intoxicating liquor, authority is aiso conveyed by Minnesota Statutes section 340A.415. Adverse
action may include revocation, suspension, fines and other penalties or conditions.
Evidence will be presented to the judge which may lead to adverse action against all the licenses you
hold at the above premises as follows:
The certificate of occupancy for the building at 932 Arcade Street was revoked
on December 2, 1997. Saint Paul Legislative Code §310.06(b)(3) permits
adverse action to be taken if the licensed premises °do not comply with
applicable health, housing, fire, zoning and building codes and regulations."
Because the certificate of occupancy has been revoked the license premises are
no longer in compliance with the applicable rules and regulations.
You have the right to be represented by an attorney before and during the hearing or you can
represent yourself. You may also have a person of your choice represent you, to the extent not
prohibited as unauthorized pracrice of law '
The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections
14.57 to 14.62 and such parts af the procedures under section 310.05 of the Saint Paul Legislative
Code as may be applicable.
At the hearing, the Adcuinistrarive Law Judge will have all parties identify thexnselves for the record.
The City will then 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's attomey may cross-examine. The Administrative Law Judge may
in addition heaz relevant and material testimony from persons not presented as wimesses by either
parry who have a substantiai interest in the outcome of the proceeding; for example, the owners or
occupants of property located in close pro�mity 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 prepaze Findings of Fact, Conclusions of Law, and a specific
recommendation for action to be taken by the City Council.
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 resoived or settled without a formal hearing, please contact or
have your attomey contact the undersigned. If a stipulation or agreement can be reached as to the
facts, that stipula6on will be presented to the Administrative Law Judge for incozporation into his
or her recommendation for Council action.
Notice of Hearing - Page 2
If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the
allegations against you which have been stated earlier in this notice may be taken as #rue. 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.
If you have any questions, you can call me at 266-8710.
Very truly yours,
J v � �vwvl
��i �
Virginia D. Palmer
Assistant City Attorney
cc: Nancy Thomas, Office of Administrative Hearings, 100 Washington Square, Suite 1�00,
Mpls, MN 55401
Nancy Anderson, Assistant Council Secretary, 310 City Hall
Robert Kessler, Director, LIEP
Christine Rozek, LIEP
Bruce Sylvester, Community Organizer, Payne Phalen Dist 5 Planning Counci1,1014 Payne
Ave., St. Paul, MN SS101
Notice o£ Hearing - Page 3
,�
t , ,
COURT OF APPEALS NUMBER:CX-98-1496
INDEX OF COIINCIL FILE (C.F.) 98-698
, DOC. DATB
NIIMBBR
DESCRIPTIQN
I3IIt�IDER
OF
PAGPs5
l. 8-5-98 Resolution and Green Sheet denying the 3
(date license application of 5005 Properties,
adopted Inc. d/b/a Hillcrest Bingo and adopting
by the Report of the ALJ with exceptions and
Council) amendments
F
3
7-20-98 Letter from District 2 Community Council
Attorney Mark Vaught regarding License
Application of 5005 Properties, Inc. d/b/a
Hillcrest Bingo
6-25-98 Letter from City Attorney to Mr. Joseph W.
Anthony announcing date of City Council
Hearing
E
`
4. 6-19-98 Letter from the State of Minnesota Office 1
of Administrative Hearings to the City
Clar'=: transmitting the Findings of Fact,
Conclusions and Recommendation for license
application of 5005 Properties, Inc. d/b/a
Hillcrest Bingo
5. 6-19-98 State of Minnesota Office of 13
Administrative Hearings for the City of
Saint Paul Findings of Fact Conclusions
and Recommendation -
6. 4-9-98
7. 11-6-97
8. 10-28-97
9. 12-8-97
10. 12-10-97
11.
12.
13.
14.
1-98
2-2-98
2-19-98
2-19-98
List of City's Proposed E�ibits for the
Administrative Hearing regarding the
license application for 5005 Properties,
Inc. d/b/a Hillcrest Bingo
Bingo Hall License Application
L.I.E.P. Review Checklist
Letter from Ken Ford to L,arry Saliterman
Letter from Lawrence Zangs to Larry
Saliterman
List of Bingo Halls located in Saint Paul
Letter from Bill Gunther to Robert Levine
Agreement on license conditions
Proposed Resolution with license
conditions
15. n/a Duplicate copy of index items #7-14
16. 11-19-97 Fax from Bob Minks to Larry Zangs
regarding tenant hours at Hillcrest
Shopping Center
2
15
1
1
1
1
1
1
1
22
5
17. 11-14-97
18. Undated
19
20
21
22
23
24
25
26
Fax of floor plan
Tenant floor plan of Aillcrest Shopping
Center
10-28-97 Fax of Hillcrest 1997 Rent Roll
Undated Hillcrest Bingo Square Foot Calculations
12-10-97
4-21-98
�=�j
Site Plan map (11��x16.5") labeled Exhibit
A
Fax of letter from Joseph Anthony to
Administrative Law Judge regarding filing
of briefs
Fax of letter from Joseph Anthony to
Administrative Law Judge in response of
Mark Vaught's letter dated April 3, 1998
4-3-98 Fax of letter from Mark Vaught to
Administrative Law Judge regarding
Prehearing Statement of District 2
Community Council
4-1-98
3-31-98
Letter and fax duplicate from Mark Vaught
to Administrative Law Judge
Letter from Joseph Anthony to
Administrative Law Judge in response to
letter dated March 27, 1998
27. 3-27-98 Letter from Administrative Law Judge to
Virginia Palmer, Gerald Frisch, Mark
Vaught and Steven Phillips regarding
letter from Mark Vaught dated March 26,
1998
28. 3-26-98
29. 3-24-98
30. 3-23-98
31. 3-18-98
32. 3-13-98
33. 3-6-98
Letter and fax duplicate from Mark Vaught
to Administrative Law Judge
Letter from Administrative Law Judge to
Ann Woods, Marjorie Barnard, Mickey
Michlitsch, Gary Unger and Karen Swenson
Letter from Virginia Palmer to
Administrative Law Judge in response to
letter dated March 18, 1998
Letter from Administrative Law Judge to
Virginia Palmer regarding motion mailed on
March 13, 1998
Letter from Virginia Palmer to
Administrative Law Judge including Pre-
hearing Motions
Letter from Virginia Palmer to Gerald
Frisch regarding Notice of Hearing
1
1
1
1
1
3
5
4
6
2
2
6
2
2
1
5
3
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
12-10-97
n/a
Undated
3-6-98
n/a
12-10-97
Site Plan map labeled as City's Exh. No. 9
Saint Paul Legislative Code 62.103,
310.05-07 and 403 with duplicate copies
of each Chapter.
Hours and parking for businesses on East
side of White Bear Avenue
Letter from Michael Pan to Scott Renstrom.
Duplicate copies of exhibits (letter and
map)
Site Plan map, Applicant Exhibit #1
Undated 2 photographs (and duplicates of each),
Applicant Exhibit #4 & #5
Undated Hillcrest Center parking lot count (and a
duplicate) Applicant Exhibit #2
9-22-97 Letter from Tim Dornfeld to Andrea Aayden
(and a duplicate) Applicant Exhibit #3
Undated Saint Paul Legislative Code 62.102,
Exhibit B
Undated
�
Hours and parking for businesses on East
side of White Bear Avenue (duplicate)
Exhibit C
Letter from Michael Pan to Scott Renstrom
(DUplicate) Exhibit D
4-20-98 Letter from Joseph Anthony to
Administrative Law Judge including
Applicant's Memorandum in Support of
Issuance of the License
4-20-98 Letter from Mark Vaught to Administrative
Law Judge including the Final Argument of
the District 2 Community Council
4-21-98 Fax copy of Letter from Mark Vaught to
Administrative Law Judge including the
Final Argument of the District 2 Community
Council
4-20-98 Letter from Virginia Palmer to
Administrative Law Judge including the
City's Final Argument
4-23-98 Letter from Joseph Anthony to
Administrative Law Judge regarding
Applicant's Reply Brief and proposed
Findings of Fact
4-24-98 Letter from Virginia Palmer to
Administrative Law Judge including the
City's Reply Brief
1
54
1
1
2
1
4
2
4
7
1
1
15
9
9
8
8
8
Rule 114-� v+ llant has the obligab� of notifi"inB t�'e
ellatC � ap � of the argument or submis
or after t�'e record is traT'S�� tO �e apP or e]erk of the �� courc ��sn the record
sion date so that the elerk ma. at yhe proper tune'
eourt, or �e aPPellate court, on motion by a Pa?'t�' ��e �lerk of Supreme Court
te � direet that the omission or len � the clerk
on its o� ��'� ' and if neeessazY that a n7armally, sueh notice should be gi'
ent be �ai'�'e�d, S �� y d, o f � myl eovrt a a�eek before the 30day period.
misstatem a roced and ttan bu;l+y or v;eight�' extubits,
supplementa� Tecord be PP If � �ecord conta'u�s �� for the
[j]] other questions as to the form lla� e0� °f � t � p�; must make spe
reeord shaIl be PTesented to the appe
prtation of such e�bits tn the Supreme
adopted Dec. 7, 1967, eff. Feb. 1, 1968. �.mended Jun 7983. Co�w't.
1983, eff. Aug. 1, 19&3; \oc. 10, 1983, eff, aug. 1 ,
���ry Committee �ote--lg g }11.02. Exhibits andModels cQ� d�ket
Rule 110.05. T4ii rule is substan��'% the same .� y,�},je of the tase and the appe
p. SO(e) and Fed.R.Ci�.P• i�(a>� aT'd number shall be endorsed upon all e�bits sent t,o �e
� as P.F��R'�'p roeedure £ormerly re- the appeuate �°�' E�bits a�d models
� cmnherome P the tiial eow't adininish'atAr �tith
replaces the
q �.� b ntinn.R.Cic.P. 09.07 to secm'e a settled �,�1 be returned t° or �ger PTOCe
� the remittitur when a neK � t of the appellate court
are ordered, but if the judgm
is final and neither a new trial nor fi': a� po°.�amay
giSLE 11L TRA.NS>fISSION OF TxE RECORD �e ordered, �e cierk of the aPi�
Rule 111.01. '11'ansmission of Record; Time y � y �ibits and models unless called for by
of dhe p within 3� days after entrY of the 3ud�'e
�r�ty,;n 10 days aftea' the due date for the �'S a � CQ �
llant's brief, the t�''al eourt adTmn'Sti'at°r shall of the appell 1, 1983;
the appe ellate 79�5; June 17, 1953> eff- Aug.
tp the clerk of the app Feb. 14, ,� 19�. Dec. 6, 1991, eff. Jan� 1,
�,rynsmit the record 19 � y g, Aug.
eourts, together with a numbered itemized list in �� d
quadruPlicate of all docum ea aanna h deS- Nov. i0> Hearing in
+ in tke record, identifi'ing .blt sha� be en- ord for PreliminarY
' llate court docket m"nber and Rule 111.03.._ �
niteness; eaeh document and � the Appellate Courts t � a a
} dorsed with the appe for a
�, corresponding number from the itemized ��T� t � P tp the Sime the record �s �� On �
� }Mal court, admic�strdt°r shall send a copy bi � � desires to make" a motion for �T�S��
A pa rtY haG-ing Possession o£ exhi �- p taY P aPPey�� for additiona] seeuritY
to a11 Part��� e rsedeas bond, or for any
�t shall trazLSm�t them with an itemized list in quadruP eal,or ° tliestaial court adm�n�strator at
! cate to t�e �1erk of tl�e apPellate Fourt� `II1� 10 daYs bond on_app t �� e apP
of the respondent's intermediate order, � sha11 trdmsn" el
! after the due date for e ad� ��T,�"gements �th �e request of an� Df �e original re�ord W�� �
� brie£..A P�Y shall � of bu1kY or weighty exhbits late court those p
� the clerk for the delivery � ��d �.om the party� designates•' 1983;
t eff. Aug. 1,
Amended Feb. 14, 1975; June 1?, 19 �+ � 1,
' and for the cost of ti'anSPor�''� Ang: 1, 7983; Dee. 6, 1991, eff� ._
� appy�ate cov�s. �'�'smission of the re�ord is effect- Nov. i0, 1983,
ed when the trial eourt administ�'at°r mails ar other- eff- y
� wise forwards the record to the appellate courts. 1992.
Amended Feb. 14, 1975; 3une 1�� 1�' �' Aug. 1,
1953; q Disposition of Kecord after APPeai
Dee. 6, 1991, eff. Jan. i, Rule I11.0 . ea1, t1�e elerk of the
?Jov. 10, i983, eff. AuB. 1, 1983; ,- . UPOn the tennination of.the app ��
appellatg zcow-�s shall trans� the on�
' 1992. �, .- • -._ • ' r . � - and maY ta'an..°mit the
G ,_ � 1967 , to the State Law LibrarY �ourt adm�nistr'�
Advis�n, Co�nmittee Note--� � 1967. -
� gules 311.61 and 1i1.02 C� P''On'� remainder of the record,to tUe tnal_ �._.,
aad Rvle {,pr. ; : ., . .: - � 1983, eff. AuB: 1.,.19
In 1975 � Rute � l u mbered as ILule 11�1)• Tnese .�.,•� . 19?5, 3une 12, eff. Jan. 1
111.02 was P ll(a) and (b), Amended 19&4,� eff. Ang. 1, 1983; Dee. 6, 1991,
rules are sirnilar to P.Fed.RAPP� 1966). � � Nov: 10, , , ._ . �- '; : � ' .
and Fed.R.Civ.P. i5(e) (as amended, July i, 1992. :; ?- :-. Ts �:",, . . ,
subsYant.iaallY the Proeedure SI��� . -.. �
They modify ll h Tye appellant '' ered Rule 111.04 in 19751 �
��.r by,Minn.Sup.CtR. V, l�e ��.Pt a3th his brief .. Rule,111.05. , LR.enumb . . .. . , .. - ..
has the duty of filingdu� af transmission of_ the, ; , `_'? � , .. .. _
� and apPe� bri ai reecord to the SuPT�' _ °' .' , �-. : ., � .. ., ': � -
3 mmainder of ttie b"� r � ' 5EKYED
CodrL is �mposed on the elerk the trial eourt. .:. .�-� RULES 112 to 114. L� .
The cterk`of the trial eourE also must prepar"e � `-` : , t �s ut' FOR FIITUFCE USE)
- ydeq"uaf.� inde'x of the iecord iv the s� Paz'agi dPh c,w4; 442 �., _
,was.apeeifie8'.in•'Minn.SuP.Ct.R. V, .
��
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
Shari Moore, Deputy City Clerk, being first duly swom, deposes and says that on September 17,1998 she
served the attached:
Index to the Saint Paul City Council File I`TO. 98-698
upon the following attomey(s), individual(s) or corporation(s) by placing a true and conect copy thereof in
an envelope addressed as shocvn and depositing the same, with postage prepaid, in the United States mails
at Saint Paul, Minnesota.
Clayton Robinson
Saint Paul City Attorney
Virginia D. Palmer
Assistant Saint Paul City Attomey
Atty. Reg. No. 128995
15 West Kellogg Blvd, Suite 400
Saint Paul, MN
Attomeys for Respondent
Joseph W. Anthony
Gena A. Braaten,
Fruth & Anthony
Attomeys At Law
3750 IDS Center
80 South Eighth Street
Minneapolis, MN 55402
Attorneys for Relator
c=�2� �'/�"�
Subscribed and sworn to before me
this (� t �- day of ` ,Q�pf(y� �t_. , 19�
�
Notary Public
•AAAi W Vr �MM/J�MMA/�n/�Mh/�M/�MJ�M 1
�� DcBORAH A. WiLEY
� NOTARY PUBIIC-MtXNE507A
RRMSEYCOUNTY
My Comm. Expl+es Jan. 31, 2000
iVVyV�Iy1M^JWVVH�'J\n(�ryy� _
CITIZEN SERVICE OFFICE
Fiad Owusu, City Clerk
CITY OF SAINT PAUL
Norm Coleman, Mayor
170 Ciry Hall TeL: 651-266�989
15W.KelloggBou[eva�d Fax: 651-166-8689
SaintPau[, Mismesota 55702
September 17, 1998
Frederick K. Grittner
Office of the Clerk of the Appellate Courts
245 Minnesota Judicial Center
St. Paul, Minnesota
Re: 505 Properties, Inc., d/b/a Hiilcrest Bingo
Appellate Court File: CX-98-1496
Dear Sir:
Enclosed herewith please find an index and original copies of the Saint Paul City
Council's record in the above referenced matter. This is the City Council's compiete
record and its index.
By copy of this letter, the index is being sent to Attorneys for Relator and
Respondent, together with affidavits of service by Mail.
Sincerely,
��� ���
Shari Moore
Deputy City Clerk
cc: Clayton Robinson, City Attorney (index only)
Virginia Palmer, Assistant City Attorney (index oniy)
Joseph W. Anthony, Attorney at Law (index only)
Gena A. Braaten, Attorneys at Law (index only)