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89-2114 WHITE - CITV CLERK PINK - FINANC�E GITY OF SAINT PAUL Council � � CANARV - DEPARTMENT � BLUE� -MAVOR File NO. `• �/ � � Cty�.At�:./TJW Co nci Resolution �� Presented By � Referred To Committee: Date Out of Committee By Date RESOLVED, That the Priva e Club and all other licenses held by the VFW, Anderson Ne son Post No. 1635 for the premises at 648 East Lawson Avenue in Saint Paul are hereby suspended for a period of two (2) cons cutive days, but said suspension is stayed for one (1 ) year. A subsequent violation shall cause the two (2) day suspension t be imposed, in addition to any other sanction imposed for t e Second Appearance. This action taken herein is for the Sale of alcoholic beverages on the licensed premises without a roper on-sale license by the Anderson-Nelson VFW, through its employees , on June 13, June 29 and August 18 , 1989. This Resolution is based on the record of the proceedings before the Administrative La Judge, including the hearing on September 25 , 1989, the docu ents and exhibits introduced therein, the arguments and statements of counsel for the parties on November 14, 1989, and the deliberati n of the Council in open session. FURTHER RESOLVED, That t e Report of the ALJ dated October 10, 1989, with its Findings of F ct, Conclusions of Law and Memorandum is hereby adopted and made p rt of this resolution. The council declines to impose the eight en (18) day suspension recommended by the Administrative Law Judge. This departure is based on the fact that the Council is presentl in the process of amending.the licenses of the private club licenses in Saint Paul that would allow for the sale of alcoholic beverages o members and the likelihood of its passage is such that to impo e the eighteen (18) day suspension is unfair. COUNCILMEN Requested by Department of: Yeas Nays [n Favor Against BY Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary By (��0- By Approved by iNavor: Date Approved by Mayor for Submission to Council By BY WHITE - CITV CLERK PINK - FINANCE G I TY OF SA I NT PA U L Council -'1 CANARV - DEPARTMENT Flle NO. ' / BLUE - MAVOR Ctv. At't./TJW , , Counci Resolution Presented By Referred To Committee: Date Out of Committee By Date This departure is also based pon the prior good record of the club and the fact that the cl b is operated by a private non-profit fraternal organization with a record of numerous charitable endeavors. A copy of this Resolution as adopted, shall be sent by first-class mail to the Admin strative Law Judge, and to counsel for the licenseholder. COUNC[LMEN Yeas DlmOnd Nays Requested by Department of: Goswitz / [n Favor Long i�ettman C! Against BY Scheibel Sonnen 6�1i1SOri � Form Approved by City Attorney Adopted by Council: Date Certified � sed by Coun '1 Secre ry BY '�"'—"-" - �^ By A►pprove AAavo : D o C � � Approved by Mayor for Submission to Council B � BY � oEC is �se� . . ��' . �- �'9-�/� 60-2101-4049-6 ��=d.Y. _ :;.: STAT OF MINNESOTA �C ��`�s%�''.� :�:��; ' OFFICE OF AD INISTRATIVE HEARINGS ; , ,'11 �g �'� '� 8Q FOR THE CITY COUNC L OF THE CITY OF SAINT�PAUI� ;' . � �,`,{. In the Matter of FINDINGS OF FACT�, �� the Licenses of CONCLUSIONS , AND Anderson Nelson VFW RECOMMENDATIONS The above entitled matter ame on for hearing before Administrative Law Judge, John W. Harrigan, on September 25 ,� 1989 , at 10 : 00 AM, at Downtown St. P ul Main Library, 90 West Fourth Street, 4th Floor Meeting Room St. Paul , Minnesota 55102 . The hearing in this matter conclud d on September 25 , 1989 . Thomas J. Weyandt, Assista t City Attorney, 647 City Hall , St. Paul, Minnesota 55102 , appear d on behalf of the City of St. Paul . There was no appearance on beha f of the licensee . This Report is submitted to the St. Paul City Council pursuant to Section 310 .05 (c-1 ) of the t. Paul Legislative Code . STATE ENT OF ISSUE The issue to be determined 'n this proceeding is whether adverse action should be taken against he licensee on the ground that the licensee or its employees have old and permitted the sale of ' alcoholic beverages on the lice sed premises without a proper on-sale license under Chapters 09 or 410 of the St. Paul Legislative Code as a matter of usual conduct of the club, including the specific dates of June 13 , une 29 and August 18 , 1989 . FIND NGS OF FACT �� 1. The Anderson-Nelson Pos #1635 VFW is currently licensed as a private club according to the records of the City of St. Paul . It is not licensed for sale of alc holic beverages on the premises. 2 . On June 13 , 1989 , Micha 1 A. Grostyan entered the '� Anderson-Nelson VFW at 648 E. L wson; the door was unattended. He ordered a strong beer over the ar and was not questioned by the bartender regarding membership. He observed the bartender mixing drinks from standard liquor bot les for customers . . 3 . On June 29 , 1989 , at ap roximately 7:00 p.m. , Sgt. Bohn was allowed entrance to the Anderson Nelson VFW. He walked up to the bar and ordered two alcoholic drinks from the bartender . He paid the bartender for the drinks . H was not questioned, at any time, about being a member . Sgt. Bohn did not see any person with their own bottle of alcohol . .. - - � �r� ��a�i� 4 . On August 18 , 1989 , at approximately 7: 00 p.m. , Kristina Van Horn from the License Division and Lt. Olson went to Anderson-Nelson VFW. They were allowed access after they were identifred by the doorman as non-members and ask d to sign a guest book . They approached the bar and ordered two beers . The beer had no labeling to indicate it was other than trong beer . The bar and bar area appeared to be a typical on-sa e liquor establishment, differing only in that the liquor bottle were stored under the bar . The drinks were prepared from the ottles below the bar; mixed drinks for various customers appeared to be made from the same bottles . 5 . On July 28 , 1989 , the ity Attorney wrote to Anderson-Nelson VFW informing them of the alle ed violation and inviting a response. 6 . On August 31 , 1989 , Jo n E. Daubney, attorney, 700 Landmark Towers, 345 St. Peter Street, t. Paul, Minnesota 55102 , wrote to the City Attorney indicating t at the investigation of the Rice Street VFW might be politicall motivated. There is no evidence of any political motivation. 7 . On September 11 , 1989 , Mr . Daubney again wrote to the City Attorney and indicated that, * he activities the clubs have engaged in are a practice that has gro n-up over. a period of many years , with the tacit knowledge and c nsent of the law enforcement agency. " 8 . The Anderson-Nelson VF was sent a Notice of Hearing on September 12 , 1989 . 9 . The record reflects cor espondence, dated September 20 , 1989 , from John E. Daubney indicating "We are not contesting the allegations by the City in this matter , and therefore, there is no need to have a hearing before a Administrative Law Judge on September 25 , 1989 , or any othe date. " Based on the foregoing Find' ngs of Fact, the Administrative Law Judge makes the following: � CONCL SIONS OF LAW 1 . The Administrative Law udge and the St. Paul City Council have jurisdiction over this mat er pursuant to Minn. Stat. 340A.503 , subd. 2 , and St. Paul Legis . Co e 310 .05 (C-1 ) . The Notice of Hearing was proper in this matt r and all procedural requirements of law or rule have been fulfilled by the City. 2 . St. Paul Legis. Code Se . 409 .01 , provides: "No person shall sell intoxicating liquor or consumption at any time or place in Saint Paul without a license. " 3 . St. Paul Legis . Code Se . 409 .02 , provides: "On-sale shall mean the sale of liquor by the lass for consumption on the premises only. " 2 - �,..�-.il...�..Q-.:.1., �:�.�:�.L,.-,:�,,�r.�.� , .�,x:=-._�:�.�:,,,�.,.,,�.,:v,.��..,�.w,- . :,..,r.�,:�.�,..�:�,.�.��.,4�,�:�-.,.�,:�.:�:,,�.,;Y.,�.,��,��,.�.�.,,,..n.,..,.�: _,..�.-�n�:.._..:�...,.�.¢ _ " . � � C��'1--0,�� 4 . St. Paul Legis . Code ec. 409 .12 , provides: "Any license or permit under this chapter may be either suspended for up to sixty (60 ) days or revoked or a civ 1 fine imposed not to exceed two thousand dollars ($2 ,000 .00 ) or each violation on a finding by the council that the license or p rmit holder has failed to comply with an applicable statute; ' rule o ordinance relating to alcoholic beverages. No suspension, re ocation or fine shall take effect until the license or permit h lder has been afforded an opportunity for a hearing under Section 31 .05 of this Code. 5 . St, Paul Legis. Code S c. 409 .26 , establishes presumptive penalties and sets forth eleve types of violations . The sale of liquor without a license is no one of the listed violations . Similar violations are (5 ) Aft r hours sale of alcoholic beverages, (6 ) After hours display or con umption of alcoholic beverages, and ( 11) Sale of intoxicating liqu r where only license is for ��- nonintoxicating liquor . The p esumptive penalty for those violations is two or three day suspension for the first violation; four or six days for the secon violation; twelve or eighteen days suspension for the third viola ion and; revocation for the fourth violation. 6 . On June 13 , June 29 an August 18, 1989 , the Anderson-Nelson VFW, through its employees, so d and permitted the sale of alcoholic beverages on the licensed prem' ses without a proper on-sale license under Chapters 409 or 410 of t e St. Paul Legislative Code 7 . The sale of alcoholic b verages without a proper on-sale license appears to be a matter f usual conduct of the business of the club. 8 . The violation on August 18 , 1989 , was a third violation and occured subsequent to the recei t of a warning letter from the City, dated July 28 , 1989 , REC MMENDATION IT IS HEREBY RECOMMENDED th t the City Council take disciplinary action against the licensee as ollows: The license should be suspe ded for a period of two days for the first offense, four days fo the second offense, and twelve days for the third offense; a to al of eighteen days . / / i . / Dated this ;��day of October , 1 89 . �/'G� 9 '-%��G��i ,�G�.. � � .ohn W. Harrigan �� /Administrative La Judge Reported: Tape recorded. Pursuant to chapter 14 .62 , a cop of the Decision and Order in the above-entitled matter shall be s rved upon each party or the party's representative an the Administra ive Law Judge by first class mail . 3 T- � - J,- . � �-' l�� • EMORANDUM . � There is no evidence in th record to support the allegations of licensee 's counsel that the in stigations are politically motivated or that these practices have gr wn up over a period of years with the tacit knowledge and consent of the law enforcement agencies. The licensee is clearly vio ating the law. The explanation that this is a long-time practice do s not excuse the violations . J.W.H. A1-licenfo2 4 _y,...4y?� +'wy t- :z:^.o.c .�_. a_� �>�`.`'`% rY� �.�': �{'� ."�.i'.�:.. .'.F,r:.,,�`�` .4., .a'` j..a -r.tr`^�r'�"N"Ei'+,Rs""'sFx+,<"' � ir�c '�-"m;�.�:s,�+'�'!`+ �:5� � . . SaAU.w.,tv, <,n�.r°_,�s.as�r�. ...�.`�'d.z'�k'��'_� ..._ - . .-i.�:r,.s,a4+ .r�x. . .:;s;�'s.v.aS�r��,t.. 't_.:, .::: Kt r__ . �°._ -_, f.,., , _ _:-,.�.c�r.... . ... ..., __..... � ✓�� - ��,��f. �� '�a� �� ; .,�,�eo��?� i , � �� `��__--% �.. �- , �� % , : r ��: = �: C��,� , -� .:., . t' �y`'�� ,,,L�, STATE F M I N N ESOTA RECEIVF� OFFICE OF A MINISTRATIVE HEARINGS FIFTH FLOOR, FLOUR EXCHANGE BUILDING �J.`�� 310 F RTH AVENUE SOUTH �y,t (�, C MINNEA OLIS,MINNESOTA 55415 {e�l� v�GRK (612)341-7600 Oc ber 18, 1989 St. Paul City Council Attn: Albert B. Olson City Clerk 386 City Hall St. Paul , Minnesota 55102 Re: Ci�y of St. Paul vs. Tanners ��ke VFW; OAH Docket No. 60-Z101-4050-6. and City of �t. Paul vs. Ander�son- elson VFW Post #1635; OAH Docket No. 60-2101-4049-6. and City of St. Paul vs. Rice Stre t VFW; OAH Docket No. 60-2101-4056-6. Dear Mr. Olson: Enclosed are the duplicate tap s of the hearings in the above-referenced matters, which were all held on Se tember 25, 1989. Please note that the Rice Street VFW and the Anderson-Nelson FW hearings are on the same tape. Two copies of that tape are enclosed. he Findings were served on October 10 and the records returned to you on Oct er 16. incerely, �,�'t�'`'?�:,�C° ` `��' Z�''r-� ANDRA A. HAVEN ffice Services Supervisor elephone: 612/341-7642 sh Enc. AN EQUAL OP ORTUNITY EMPLOYER i � �y � � f's'._- / � � !l5" f 'a ��7 R —� � � r ,. �/? % I � LA OFFICES . `�� JOHN . DAUBNEY �� p � ,� �'�� 9 /�� , ATTORNEYS AN COUNSELORS AT LAW � .. � ��p�Q 700 LAN MARK TOWERS ADMINISTRq�`� 345 ST. ETER STREET ��AI�� 1M JOHN E.DAUBNEY ST. PAUL, MINNESOTA 55102 16121 224-4345 JANET C.FESLER" "ALSO ADMITTED IN WISCONSIN September 20 , 1989 Paige L. Purcell, Docket Clerk STATE OF MINNESOTA OFFICE OF AD INISTRATIVE HEARINGS Fifth Floor, Flour Exchange Bui ding 310 Fourth Avenue South Minneapolis, MN 55415 RE: City of St. Paul vs. Ander on-Nelson Post #1635 Dear Ms. Purcell: I have previously advised Mr. W yandt that we are not contesting the allegations �y the City in his matter, and therefore there is no need to have a hearing be ore an Administrative Law Judge on September 25, 1989 , or any o her date. Ver trul your , John E. y Atto ney at Law JED: d CC: Mr. Thomas J. W yandt, Att . for City of St. Paul Clients-Rice St eet VFW an Tanners Lake VFW & Anderson-Nelson VFW � . � J 60-2101-4049-6 STAT OF MINNESOTA ' OFFICE OF AD INISTRATIVE HEARINGS FOR THE CITY COUNC L OF THE CITY OF SAINT PAUL In the Matter of FINDINGS OF FACT, the Licenses of CONCLUSIONS, AND Anderson Nelson VFW RECOMMENDATIONS The above entitled matter ame on for hearing before Administrative Law Judge, John W. Harrigan, on September 25 , 1989 , at 10: 00 AM, at Downtown St. P ul Main Library, 90 West Fourth Street, 4th Floor Meeting Room St. Paul , Minnesota 55102 . The hearing in this matter conclud d on September 25 , 1989 . Thomas J. Weyandt, Assista t City Attorney, 647 City Hall , St. Paul, Minnesota 55102 , appear d on behalf of the City of St. Paul . There was no appearance on beh lf of the licensee . This Report is submitted t the St. Paul City Council pursuant to Section 310 .05 (c-1 ) of the St. Paul Legislative Code. STAT MENT OF ISSUE The issue to be determined in this proceeding is whether adverse action should be taken against the licensee on the ground that the licensee or its employees have sold and permitted the sale of alcoholic beverages on the lic nsed premises without a proper on-sale license under Chapters 409 or 410 of the St. Paul Legislative Code as a matter o usual conduct of the club, including the specific dates of June 13 , June 29 and August 18 , 1989 . FIN INGS OF FACT 1. The Anderson-Nelson Po t �1635 VFW is currently licensed as a private club according to th records of the City of St. Paul . It is not licensed for sale of al oholic beverages on the premises. 2 . On June 13 , 1989 , Mich el A. Grostyan entered the Anderson-Nelson VFW at 648 E. awson; the door was unattended. He ordered a strong beer over the bar and was not questioned by the bartender regarding membership He observed the bartender mixing drinks from standard liquor bo tles for customers . . 3 . On June 29 , 1989 , at a proximately 7:00 p.m. , Sgt. Bohn was allowed entrance to the Anders n-Nelson VFW. He walked up to the bar and ordered two alcoholic rinks from the bartender . He paid the bartender for the drinks . He was not questioned, at any time, about being a member . Sgt. Bo n did not see any person with their own bottle of alcohol . . . . ,,G?�� 4 . On August 18 , 1989 , at pproximately 7: 00 p.m. , Kristina Van Horn from the License Division nd Lt. Olson went to Anderson-Nelson VFW. They were allowed access fter they were identified by the doorman as non-members and aske to sign a guest book . They approached the bar and ordered wo beers . The beer had no labeling to indicate it was other than s rong beer . The bar and bar area appeared to be a typical on-sal liquor establishment, differing only in that the liquor bottles were stored under the bar . The drinks were prepared from the b ttles below the bar; mixed drinks for various customers appeared o be made from the same bottles . 5 . On July 28 , 1989 , the C ' ty Attorney wrote to Anderson-Nelson VFW informing them of the alleg d violation and inviting a response. 6 . On August 31 , 1989 , Joh E . Daubney, attorney, 700 Landmark Towers, 345 St. Peter Street, S . Paul , Minnesota 55102 , wrote to the City Attorney indicating th t the investigation of the Rice Street VFW might be politically motivated. There is no evidence of any political motivation. 7 . On September 11 , 1989 , r . Daubney again wrote to the City Attorney and indicated that, "T e activities the clubs have engaged in are a practice that has grow -up over a period of many years , with the tacit knowledge and co sent of the law enforcement agency. " 8 . The Anderson-Nelson VFW was sent a Notice of Hearing on September 12 , 1989 . 9 . The record reflects cor espondence, dated September 20 , 1989 , from John E. Daubney indi ating "We are not contesting the allegations by the City in this matter , and therefore, there is no need to have a hearing before a Administrative Law Judge on September 25 , 1989 , or any othe date. " Based on the foregoing Find ' ngs of Fact, the Administrative Law Judge makes the f ollowing: CONCL SIONS OF LAW 1 . The Administrative Law udge and the St. Paul City Council have jurisdiction over this mat er pursuant to Minn. Stat. 340A.503 , subd. 2 , and St. Paul Legis. Co e 310 .05 (C-1 ) . The Notice of Hearing was proper in this matt r and all procedural requirements of law or rule have been fulfilled by the City. 2 . St. Paul Legis. Code Se . 409 .01 , provides: "No person shall sell intoxicating liquor or consumption at any time or place in Saint Paul without a license. " 3 . St. Paul Legis. Code Se . 409 .02 , provides: "On-sale shall mean the sale of liquor by the lass for consumption on the premises only. " 2 . 4 . St. Paul Legis . Code S c. 409 .12 , provides: "Any license or permit under this chapter may e either suspended for up to sixty (60 ) days or revoked or a civi fine imposed not to exceed two thousand dollars ($2 ,000 .00 ) f r each violation on a finding by the council that the license or pe mit holder has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. No suspension, rev cation or fine shall take effect until the license or permit ho der has been afforded an opportunity for a hearing under Section 31 .05 of this Code. 5 . St. Paul Legis. Code S c. 409 .26 , establishes presumptive penalties and sets forth eleve types of violations . The sale of liquor without a license is no one of the listed violations . Similar violations are (5 ) Aft r hours sale of alcoholic beverages , (6 ) After hours display or con umption of alcoholic beverages, and ( 11 ) Sale of intoxicating liqu r where only license is for nonintoxicating liquor . The p esumptive penalty for those violations is two or three day suspension for the first violation; four or six days for the secon violation; twelve or eighteen days suspension for the third viola ion and; revocation for the fourth violation. 6 . On June 13 , June 29 an August 18, 1989 , the Anderson-Nelson VFW, through its employees, so d and permitted the sale of alcoholic beverages on the licensed prem ses without a proper on-sale license under Chapters 409 or 410 of t e St. Paul Legislative Code 7 . The sale of alcoholic everages without a proper on-sale license appears to be a matter of usual conduct of the business of the club. 8 . The violation on Augus 18, 1989 , was a third violation and occured subsequent to the rece pt of a warning letter from the City, dated July 28 , 1989 . RE OMMENDATION IT IS HEREBY RECOMMENDED t at the City Council take disciplinary action against the licensee as follows: The license should be susp nded for a period of two days for the first offense, four days f r the second offense, and twelve days for the third offense; a t tal of eighteen days . � Dated this ;��day of October , 1989 . ��f �, ; ��'� 9 � �G2 ��`' hn W. Harrigan /Administrative La Judge Reported: Tape recorded. Pursuant to chapter 14 .62 , a c py of the Decision and Order in the above-entitled matter shall be served upon each party or the party's representative an the Administ ative Law Judge by first class mail . 3 � a: � . M MORANDUM There is no evidence in the record to support the allegations of licensee 's counsel that the inv stigations are politically motivated or that these practices have gr wn up over a period of years with the tacit knowledge and consent of the law enforcement agencies. The licensee is clearly vio ating the law. The explanation that this is a long-time practice do s not excuse the violations . J.W.H. A1-licenfo2 4 o numrn a �� r �� :�.4Z��[UU,yO.�. 1" Di'.� � �•. "��n+,lu�B�u.�°. STATE F M i N N ESOTA OFFICE OF A INISTRATIVE HEARINGS FIFTH FLOOR, LOUR EXCHANGE BUILDING 310 FO RTH AVENUE SOUTH MINNEA LIS,MINNESOTA 55415 (612)341-7600 Septe ber 15, 1989 Thomas J. Weyandt City of St. Paul Office of the City Attorney 647 City Hatl St. Paul , Minnesota 55102 Mr. Donald G. Wing, Mgr. VFW Anderson-Nelson Post #1635 648 East Lawson Avenue St. Paul , Minnesota 55106 Re: City of St. Paul vs. VFW nderson-Nelson Post #1635 Dear Mr. Weyandt and Mr. Wing: Because of a scheduling change Administrative Law Judge Howard L. Kaibel , Jr. is not avallable on September 2 to preside over this matter this case has been reassigned. Please direct any future questions or correspondence to Adminstrative Law Judge John W. Har igan, 1900 Hennepin Avenue, Minneapolis, Minnesota 55403, telephone no. 870- 222. Please be informed that the he ring time, place and date will remain the same. Thank you. Yours very trul ��n� Q� � JL�� "�' PAIGE `�L. PURCELL Docket Clerk, OAH Telephone: 612/341-7604 PP AN EQUAL OP ORTUNITY EMPLOYER . . , ,;��` �.,/.�� K�w�"��jim'(� � CITY OF SAINT PAUL �.y��T1 o.'V �~° '0'� OFFICE OF 7HE CITY ATTORNEY O� � Y�' �� i O �� '''t ��'��I��I �� ;,. .u. �- �� , 19a�1v� EDWARD P. STARR, CITY ATT'ORNEY �r,,y��ne��,,.��' w, � 647 City Hall, Saint Paul, Minnesota 55102 � GEORGE LATIMER �� `�`,a�,� 612-298-5121 4��'` � MAYOR � � � , � ' / �O� SeptPmber 12, 1989 �v a � Mr . Donald G. Wing , Mgr . NOTICE OF HEARING VFW Anderson-Nelson Post #1635 648 East Lawson Avenue St. Paul , Minnesota 5514�6 RE: City of St. Paul vs. VFW A derson=Nelson Post #1635 Dear Mr. Wing: This is to notify you that the hearing will be held concerning all the licenses held at th premises stated above at the following time, date and place Date: September 2 , 1989 Time: 10:�P1 a.m.* Place : Downtown St Paul Main Library 9R! West Fou th Street 4th Floor M eting Room St. Paul , M . 551412 The judge will be an Administ ative Law Judqe from the State of Minnesota Office of Administra ive Hearings: Name: Mr. How rd L. Kaibel , Jr. Office o Administrative Hearings Fifth E1 or , Flour Exchange Building 310 Four h Avenue South Minneapo is , Mn. 55415 Telephone: 341'-76P18 The Council of the City of Saint Paul has the authority to provide for hearings concer ing licensed premises, and for adverse action against such licenses , under Chapter 310 , including sections 3141. 05 and 31Ql.d6 , of the Saint Paul Legislative Code. In the ca e of licenses for intoxicating and non= intoxicating liquor , aut ority is also conveyed by section 340A.415 of the Minnesota Sta utes. Adverse action may include revocation, suspension, fines and other penalties or conditions. *THERE IS A HEARING SCHEDULED PRIOR TO THIS HEARING. THE CITY OF ST. PAUL VS. VFW ANDERSON NEL ON IS EXPECTED TO BEGIN AT 10 A.M., HOWEVER, IT IS POSSIBLE THAT HERE WILL BE A DELAY. . + Evidence will be presented to t e judge which may lead to adverse action against all the license you hold at the above premises as follows: You or your em ployees ha e sold and permitted the sale of alcoholic beverages on he licensed premises without a proper on-sale license un er chapters 409 or 410 of the St. Paul Legislative Code as a matter of usual conduct of the business of the club, including the specific dates of June 13, June 29 and August 18 1989. You have the right to be repr sented by an attorney before and during the hearing if you s choose, or you can represent yourself. You may also hav� person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted 'n accordance with the requirem ents of sections 14.57 to 14.62 of he Minnesota Statutes, and such parts of the procedures under section 31P1.05 of the Saint Paul Legislative Code as may be app icable. At the hearing , the Adminis rative Law Judge will have all parties identify themselves fo the record. Then the City will present its witnesses and evid nce, each of whom the licensee or attorney may cross �-examine. The licensee may then offer in rebuttal any witnesses or evid nce it may wish to present, each of whom the City attorney may ross=examine. The Administrative Law Judqe may in addition hea relevant and material testimony from persons not presented as witnesses who have a substantial interest in the outcome of he proceeding; for example, the owners or occupants of propert located in close proximity to the licensed premises may have s bstantial interest in the outcome of the proceeding. Concludi g arguments may be made by the parties. Following the hearin , the Judge will prepare Findings of Fact, Conclusions of Law, nd a specific recommendation for action to be taken. You should bring to the hea ing all documents , records and witnesses you will or may eed to support your position. Subpoenas may be available to om pel the attendance of witnesses or the production of documen s in conformity with Minnesota Rules, part 14�10.7�l�J0. . � If you think that this matter an be resolved or settled without a formal hearing, please cont ct or have your attorney contact the undersigned. If a stipulat on or agreement can be reached as to the facts , that stipula ion will be presented to the Administrative Law Judge fo incorporation into his or her recommendation for Council act ' on. If you fail to appear at the he ring, the allegations against you which have been stated earlie in this notice may be taken as true and your ability to challe ge them forfeited. If non=public data is received into evidenc at the hearing , it may become public unless objection is ade and relief requested under Minnesota Statutes, section 14. 0, subdivision 2. Sincerely, THOMAS J. WEYANDT Assistant City Attorney cc: Joseph F. Carchedi License Inspector Albert B. Olson City Clerk Paige Purcell Office of Administrative Hearings Kris Van Horn License Enforcement Auc7i or � 1 �� ./�� .�.��•• �. CITY OF SAINT PAUL �~� ' a� OFFICE OF THE CITY ATTORNEY • s�• �� i�l�llll �+': ,,. „_ E D W A R D P. S T A R R, C I T Y A T T O R N E Y '��, ,..� a�, '�..� � 617 City Hall,Saint Paul.Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR July 28, 1989 Mr. Donald G. Wing, Mgr. � . Amer ican Leg ion Anderson-Nelson Post �1635 648 East Lawson Avenue St. Paul, MN 55106 Dear Mr . Wing : I am in receipt of informatio that could lead to an action against your Private Club licens . The basis for adverse action is as follows: You or your employees have old and permitted the sale of alcoholic beverages on t e licensed premises without a proper on-sale license un er chapters 409 or 416 of the Saint Paul Legislative Code as a matter of the usual conduct of the business of the club including the specific dates of June 19, 1989 and June 29, 989. If you do not dispute the alleg tions or facts , or agree that a violation occurred, but want. to have an opportunity to speak to the Council to argue for the li htest possible penalty under all the circumstances, please call me at 298=5121 to work out the procedures. On the other hand, if you conte t the allegations or dispute the facts, I will take the necess ry steps to schedule a hearing before an independent hearing xaminer and provide you with a proper notice of hearing so y u will know when and where to appear , and what the basis for the hearing will be. If I do not hear from you within seve (7) days from the date of this letter, I will assume you want o have the hearing. Very Truly Yours, $3�.9+�? � �-�*�-�- PHILIP B. BYRNE Assistant City Attorney cc : Joseph F. Carchedi License Inspector Lt. Daryl Olson Vice Unit � ` 9�°�' CITY OF SAINT PAUL s:y C,T. 0:2� . . . �~� '0' OFFICE OF THE CITY ATTORNEY � °° ��: '� iiii�i ti�iii := ;;; 1--L ^' EDWARD P. STARR, CITY ATTORNEY ��"m,�¢•`�,.�"�� 647 City Nall, Saint Paul,Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR —CITY OF ST. PAUL VS . ANDERSON — September 12, 1989 rdELSON VFW CITY EXHIBIT �� Mr . Donald G. Wing , Mgr . NOTICE OF HEARING VFW Anderson-Nelson Post #1635 648 East Lawson Avenue St. Paul , Minnesota 5514l6 RE: City of St. Paul vs. VFW And rson=Nelson Post #1635 Dear Mr. Wing: This is to notify you that the hearing will be held concerning all the licenses held at the premises stated above at the following time, date and place: Date: September 25 1989 Time: 10:00 a.m.* Place: Downtown St. Paul Main Library 941 West Four h Street 4th Floor Me ting Room St. Paul , Mn 55102 The judge will be an Administr tive Law Judge from the State of Minnesota Office of Administrat ve Hearings: Name: Mr. Howa d L. Kaibel, Jr. Office of Administrative Hearings Fifth Flo r , Flour Exchange Building 31fd Fourt Avenue South Minneapol s , Mn. 55415 Telephone: 341=7608 The Council of the City of aint Paul has the authority to provide for hearings concern ' ng licensed premises, and for adverse action against suc licenses , under Chapter 31� , including sections 310. �5 nd 3141. 06 , of the Saint Paul Legislative Code. In the cas of licenses for intoxicating and non=intoxicating liquor , auth rity is also conveyed by section 340A.415 of the Minnesota Stat tes. Adverse action may include revocation, suspension, fines nd other penalties or conditions. *THERE IS A HEARING SCHEDULED RIOR TO THIS HEARING. THE CITY OF ST. PAUL VS. VFW ANDERSON NELS N IS EXPECTED TO BEGIN AT 1H A.M., HOWEVER, IT IS POSSIBLE THAT T ERE WILL BE A DELAY. . ��^ � �r .. %y��- �,. �. �- Evidence will be presented to th judge which may lead to adverse action against all the 1 icenses ou hold at the above prem ises as follows: You or your employees hav sold and permitted the sale of alcoholic beverages on t e licensed premises without a proper on-sale license und chapters 409 or 410 of the St. Paul Legislative Code as a matter of usual conduct of the business of the club, incl ding the specific dates of June 13, June 29 and August 18, 989. You have the right to be repre ented by an attorney before and during the hearing if you so choose, or you can represent yourself. You may also hav� a person of your choice represent you, to the extent not prohibi ed as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of sections 14.57 to 14.62 of t e Minnesota Statutes, and such parts of the procedures under ection 310.4J5 of the Saint Paul Legislative Code as may be applicable. At the hearing , the Administ ative Law Judge will have all parties identify themselves for the record. Then the City will present its witnesses and evide ce, each of whom the licensee or attorney may cross �-examine. he licensee may then offer in rebuttal any witnesses or evide ce it may wish to present, each of whom the City attorney may c oss=examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as itnesses who have a substantial interest in the outcom e of th proceeding; for example, the owners or occupants of property ocated in close proximity to the licensed premises may have su stantial interest in the outcome of the proceeding. Concludin arguments may be made by the parties. Following the hearing the Judge will prepare Findings of Fact, Conclusions of Law, a d a specific recommendation for action to be taken. You should bring to the hear ng all documents , records and witnesses you will or may n ed to support your position. Subpoenas may be available to c m pel the attendance of witnesses or the production of document in conformity with Minnesota Rules, part 14�J(�.70041. r �M If you think that this matter can be resolved or settled without a formal hearing , please con act or have your attorney contact the undersigned. If a stipula ion or agreement can be reached as to the facts , that stipul tion will be presented to the Administrative Law Judge fo incorporation into his or her recommendation for Council act' on. If you fail to appear at the h aring, the allegations against you which have been stated earli r in this notice may be taken as true and your ability to chali nge them forfeited. If non=public data is received into eviden e at the hearing , it may become public unless objection is ade and relief requested under Minnesota Statutes, section 14.60, subdivision 2. 5incerely, THOMAS J. WEYANDT Assistant City Attorney cc: Joseph F. Carchedi License Inspector Albert B. Olson City Clerk Paige Purcell Office of Administrativ Hearings Kris Van Horn License Enforcement Aud � tor r�` ' P ge 1 of 2 � � . 64� � �L, wson Are. 55106 „ i.D.7134932 Anderson Nelson Post 1635 Priv. C�ub 13212 7-1-85* :.: :: :: ::: Andier on r �1 on�osdt a�l b�8 P�a��ub 18957 7-�-86 �� " Priv Club 18957 7-1-87 � r� � ' Anderson- elson Post#1635 Private Club 18957 7-1-88 �� Anderson- elson VFI� Post 1635 Inv. Fe (B) � Anderson-i el son Post #1635 Pri vate C�f ub 1�� 898 Anderson- elson Post #1635 Inv. Fee (B) 20965 7 18 � Pamela J Braunig dbaAltimate Catering 72326 12-31-89 Catering C Anderson- elson VFW Post #1635 Class B Gambling Invest. 79598 6- � Anderson Nelson VFW Post 4�1635 Private Club 18957 ��i� CARD ��1 648 E. Lawson ' S5106 Anders n Nelson VFW Post 1635 Invest gation Fee For All Except Bingo 40o,¢y 8/18/87 9/20/89 .;:�;<;:::: . _ CARD ��2 I hereby certify that this is a true and exact copy of the records of the License & Permit Division of the City of St. Paul for Anderson- Nelson Post 1635 at 648 E. Lawson —CITY OF ST. PAUL VS . ANDERSON — Avenue. NELSON VFW CITY' S EXHI�iIT ��2 � . ti G�� .��;":°*�:••;MARCELLA G:SCNILUNGER . . � � ��` �� "�`•; hOTARY PUf�IiC-MINNESOTA ' _ J eph F Carchedi _ __ �� i�AM-:>�Y.COUNTY.� _ � License Inspector `��t��s�` My Commission Expires Mar.21,1991 ," • ; : �:..� . �l O � i t�..�!i�.'.�. � �i4r Date ' . ^ ��l �� " _" —CITY OF T. PAUL VS . ANDERSO — ' NELSON V CITY' S EXHIBIT �� MICHAEL A. GROSTYAN LEGAL INVESTIGATOR G73 1 PARTRIDGL- PLACE OFFICE:(612)853•0270 LINO LAKES.MINNES01'A 55014 CnR:�at3)720•a290 June 20, 1989 Stephen M. Goldfarb Attorney at Law 610 Park P�ational Fank Bldg. 5353 �r7ayzata F].vd. _, t4inneapolis, MN 55�116 RE: People's Choice Dear Mr. Goldfar•b: - The following is a summary of the surv i�_Iance anc; investi�at�on I did on this par•- ticular case. First of all, according to the City of St. Paul Licensing Bureau, there are 12 private elubs in St. Paul, including y ur client's. The following is a list of those clubs and a summation of ny isits or attempted visits to each of these '°` faeilities during the past ten days. 1 . - 2.