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89-2117 WHI7E - CITV CLERK � COUIICll PINK - FINANCE �GITY OF ... AINT PALTL �— p?�� CANARy � DEPARTMENT � ,BLUE `-�.IAVOti . . � File N 0. rty�Att.'mJ�' Counc.il esolution -`� - ib .�; , . Presented By � Refecred To Committee: Date Out of Committee By Date RESOLVED, That the Private Club, Restaurant and all other licenses held by the Tanners L e VFW, Post No. 8217 , for the premises at 1795 Seventh Street East in St. Paul are hereby suspended for a period of two ( ) consecutive days, but said suspension is stayed for one (1 ) year. A subsequent violation shall cause the two (2) day sus ension to be imposed, in addition to any other sanction imposed r the Second Appearance. This action taken herein is for the ale of alcoholic beverages on the licensed premises without a pro er on-sale license by the Tanners Lake VFW, through its employees , on June 14, June 29 and August 17 , 1989. This Resolution is based o the record of the proceedings before the Administrative Law J dge, including the hearing on September 25 , 1989, the docume ts and exhibits introduced therein, the arguments and statements o counsel for the parties on November 14, 1989, and the deliberation f the Council in open session. FURTHER RESOLVED, that the eport of the ALJ dated October 10, 1989, with its Findings of Fac , Conclusions of Law and Memorandum is hereby adopted and made a p t of this resolution. The council declines to impose the nine (9) day suspension recommended by the Administrative Law Judge. COUNCILMEN Yeas Nays Requested by Department of: in Favor Against BY Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY ( 'Z'� � By A►pproved by lVlavor: Date Approved by Mayor for Submission to Council By BY N�HITE - CITY CLERK PINK r FINANC�E GITY OF SAINT PAiTL Ft1eCi1N0• �y�j al17 CANqRV�-0EPABTMENT ��—�, BI.UE MAVOR C ty. At�t./'I'JW • • Counci Resolution Presented By Referred To Committee: Date Out of Committee By Date This departure is based on th fact that the Council is presently in the process of amending th licenses of the private club licenses in St. Paul that woul allow for the sale of alcoholic beverages to members and the 1 ' kelihood of its passage is such that to impose the eighteen (1 ) day suspension is unfair. This departure is also based upon t e prior good record of the club and the fact that the club is perated by a private non-profit fraternal organization with a ecord of numerous charitable endeavors. A copy of this Resolution, as dopted, shall be sent by first-class mail to the Administrative Law Judge , and to counsel for the licenseholder. COUNCILMEN Requested by Department of: Yeas D'1moIId Nays Goswitz _� (n Favor Long / Rettman lJ Against BY Scheibel Sonnen W1180I7 �� Form Approved by City Attorney Adopted by Council: Date Certified Pas ed by Council ecretar BY �� By _ A►pproved b avor: ate DEC 0 � 19� Approved by Mayor for Submission to Council By V" ^ gY �1,� D E� � 6 198�9 � PINK � FINANCE ��' . � CANARV -DEPARTMENT ' 'G I TY O SA I NT PA U L Council /J /j DI.UE -MAVOR . F1IC NO.�� l//% � cty.. Att./TJw Counc l Resolution Presented By Referred To Committee: Date " . Out of Committee By Date RESOLVED, That the Priv te Club, Restaurant and all other licenses held by the Tanners Lake VFW, Post No. 8217, for the premises at 1795 Seventh Str et East in St. Paul are hereby suspended for a period of tw (2) consecutive days , but said suspension is stayed for one (1 ) year. A subsequent viola�.ion shall cause the two (2) day s spension to be imposed, in addition to any other sanction imposed for the Second Appearance. This action taken herein is for th Sale of alcoholic beverages on the licensed premises without a p oper on-sale license by the Tanners Lake VFW, through its employe s , on June 14, June 29 and August 17, 1989. This Resolution is based n the record of the proceedings before the Administrative Law Judge, including the hearing on September 25, 1989, the docum nts and exhibits introduced therein, the arguments and statements f counsel for the parties on November 14, 1989 , and the deliberatio of the Council in open session. FURTHER RESOLVED, that the Report of the ALJ dated October 10, 1989, with its Findings of Fac , Conclusions of Law and Memorandum is hereby adopted and made a p rt of this resolution. The council declines to impose the nine (9 day suspension recommended by the Administrative Law Judge. COUNCILMEN Yeas Nays Requested by Department of: In Favor Against BY Adopted by Council: Date Form Approved by City Attorney Certified Passed by Council Secretary By By Approved by iNavor: Date Approved by Mayor for Submission to Council BY BY WHITE '- CITV CLERK . � . � PINK � - FINANGE COUIICII CANARV - DEPARTMENT CITY � OF SAINT PAUL File NO. �//� DIUE -MAVOR , Cty. At�.'TJW Counci Resolution Presented By Referred To ' .Committee: Date Out of Committee By Date This departure is based on th fact that the Council is presently in the process of amending th licenses of the private club� licenses in St. Paul that wou d allow for the sale of alcoholic beverages to members and the ikelihood of its passage is such that to impose the eighteen ( 8) day suspension is unfair. This departure is also based upon he prior good record of the club and the fact that the club 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 Administrative La Judge, and to counsel for the licenseholder. COUNCILMEN Requested by Department of: Yeas Nays [n Favor Against BY Adopted by Council: Date Form Approved by City Attorney Certified Passed by Council Secretary BY gy. Approved by 1�lavor: Date � « Approved by Mayor for Submission to Council Bv Bv . . :-. � �� . _ �� -�ii7 . �� 60-2101-4050-6 STATE OF MINNESOTA OFFICE OF ADM NISTRATIVE HEARINGS FOR THE CITY COUNCI OF THE CITY OF SAINT PAUL In the Matter of FINDINGS OF FACT, the Licenses of CONCLUSIONS , AND Tanners Lake VFW RECOMMENDATIONS The above entitled matter ca e on for hearing before Administrative Law Judge , John W. Harrigan, on September 25 , -_1989 , at 11: 00 AM, at Downtown St . Pau Main Library, 90 West Fourth Street, 4th Floor Meeting Room, t. Paul , Minnesota 55102 . The hearing in this matter concluded on September 25 , 1989 . Thomas J. Weyandt, Assistant City Attorney, 647 City Hall , St. Paul , Minnesota 55102 , appeared on behalf of- the City of St. Paul . There was no appearance on behal of the licensee. ' This Report is submitted to he St. Paul City Council pursuant to Section 310 .05 (c-1 ) of the S . Paul Legislative Code . STATEM NT OF ISSUE The issue to be determined i this proceeding is whether adverse action should be taken against t e licensee on the ground that the licensee or its employees have s ld and permitted the sale of alcoholic beverages on the licensed premises without a proper on-sale license under Chapters 40 or 410 of the St. Paul Legislative Code as a matter of u ual conduct of the club, including the specific dates of June 29 , 19 9 , and August 17 , 1989 . FINDIN S OF FACT - 1 . The Tanners Lake VFW is c rrently licensed as a private club according to the records of the C ' ty of St. Paul . It is not licensed for sale of alcoholic be erages on the premises. 2 . On June 14 , 1989 , at appr ximately 11: 30 p.m. , Michael A. Grostyan entered the Tanners Lake VFW at 1795 7th Street East. Mr . Grostyan was not questioned by an one regarding his membership upon entry. He sat at the bar and ord red a beer . When he was served the beer he was asked if he was a member . When he informed the bartender that he was not, he was asked to sign a guest book . Mr . Grostyan was able to purchase str ng beer over the counter and drink it on the premises . He observed iquor bottles on display and mixed drinks being dispensed by the bar ender from the liquor bottles into glasses and mix added. � :. � E� _ y�;.-. ��y�a��? 3 . Mr . Grostyan also phoned th club and was told that "they open at 4 :00 p.m. and that you are upposed to be a member but you might be able to get in. " _ 4 . On June 29 , 1989 , Sgts . Ke e and Gohl went to the Tanners Lake VFW at 6: 30 p.m. '•Sgt. Gohl r ports that he has been in numerous on-sale liquor establishm nts during his experience and when he walked into the Tanners La e VFW there was no difference. The bartender poured a drink from liquor bottle into a glass . Sgt. Kempe ordered a beer and Coke which he received and he paid $2 .00 for it. At no time were the asked if they were members of the club . There were liquor bottl s behind the bar , there were no names on the bottles. 5 . On August 17 , 1989 , at app oximately 8: 15 p.m. , Rristina Van Horn from the License Division and Sgt. Gohl went to Tanners-.I,ake VFW. They approached the bar and rdered a beer . The bartender asked if they were members and was told they were not; that they were from the Licensing Division. The bartender was pouring drinks from a bottle marked with a name b t she could not remember the name of the member whose name was on th bottle . The Commander came to the premises a few minutes later a d indicated that they sell 3 .2 beer for $1 .25 each and set-ups, e stated that people bring their bottles . The officers went back i to the club and stayed for a short time and they noticed storag lockers. There was no traffic to and from the storage lockers an no bottles sitting on the tables. All drinks were poured fr m bottles and made at the bar . Beer , both in cans and on tap was old. , 6 . On July 28 , 1989 , the Cit Attorney wrote to Tanners Lake VFW informing them of the alleged iolation and inviting a response. 7 . On August 31 , 1989 , John . Daubney, attorney, 700 Landmark Towers, 345 St. Peter Street, St. Paul, Minnesota 55102 , wrote to the City Attorney indicating that the investigation of the Rice Street VFW might be politically m tivated. There is no evidence of any political motivation. _� 8. On September 11 , 1989 , Mr Daubney again wrote to the City Attorney and indicated that, "The activities the clubs have engaged in are a practice that has grown- p over a period of many years, with the tacit knowledge and cons nt of the law enforcement agency. " 9 . The Tanners Lake VFW was ent a Notice of Hearing on September 12 , 1989 . 10 . The record reflects corre pondence, dated September 20 , 1989 , from John E. Daubney indica ing "We are not contesting the allegations by the City in this m tter , and therefore, there is no need to have a hearing before an dministrative Law Judge on September 25 , 1989 , or any other ate. " � 2 .: �. � �� . . �� y�-a��7 . . �� Based upon the foregoing Findi gs of Fact, the Administrative Law Judge makes the following: CONCLUSI NS OF LAW 1 . The Administrative Law Jud e and the St. Paul City Council have jurisdiction over this matter pursuant to Minn. Stat. 340A.503 , subd. 2 , and St. Paul Legis. Code 10 .05 (C-1 ) . The Notice of Hearing was proper in this matter nd all procedural requirements of law or rule have been fulfilled by the City. 2 . St. Paul Legis . Code Sec. 09 .01, provides: "No person shall sell intoxicating liquor for consumption at any time or place in Saint Paul without a license. " 3 . St. Paul Legis . Code Sec. 09 .02 , provides: "On-saYe shall mean the sale of liquor by the gla s for consumption on the premises only. " 4 . St. Paul Legis. Code Sec. 09 .12 , provides: "Any license or permit under this chapter may be e ' ther suspended for up to sixty (60 ) days or revoked or a civil fi e imposed� not to exceed two thousand dollars ($2 ,000 .00 ) for e ch violation on a finding by the council that the license or permit ho�der has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. No suspension, revoca ion or fine shall take effect until the license or permit holder has been afforded an opportunity for a hearing under Section 310 .05 of this Code. 5 . St. Paul Legis . Code Sec. 409 .26 , establishes presumptive penalties and sets forth eleven t pes of violations . The sale of liquor without a license is not o e of the listed violations . Similar violations are (5 ) After ours sale of alcoholic beverages , (6 ) After hours display or consum tion of alcoholic beverages, and ( 11) Sale of intoxicating liquor here only license is for nonintoxicating liquor . The pres mptive penalty for those violations is two or three days s spension for the first violation; four or six days for the second v olation; twelve or eighteen days suspension for the third violatio and; revocation for the fourth '� violation. 6 . On June 29 and August 17 , 1989 , the Tanners Lake VFW, through its employees , sold and p rmitted the sale of alcoholic beverages on the licensed premise without a proper on-sale license under Chapters 409 or 410 of the t. Paul Legislative Code 7 . The sale of alcoholic bev rages without a proper on-sale license appears to be a matter of usual conduct of the business of the club. 8 . The violation on August 1 , 1989 , was a second violation and occured subsequent to the receip of a warning letter from the City, dated July 28 , 1989 . 3 ` ...'�3ma!5C�4fRM_-dM4�.!ei��'Ntt"'.,4dhi�M:sfA�'f�"'_"..'%Yi'&.�Ri��'ti'Mi!$'+v2'AbYF'?:1FP.Ci�aPS�594Pb.T.i.. .:,?��95�t71'd�"Y'`CK'�EL:�F!.�$,F�.::w�".`.n o'.��'��..'fq0�� .:_'R;.",,.:.�j'.�_�.��:(S�'a':_��n.:.�:.�f:'.:�.ii .: � - � �� . _ �� I-a�� . � � 9 . The record also discloses u lawful sales of alcoholic beverages on June 14 , 1989 . RECOMM NDATION IT IS HEREBY RECOMMENDED that he City Council take disciplinary action against the licensee as fol ows: The license should be suspende for a period of three days for the first offense and six days for the second offense, a total of nine days . Dated this ��day of � 1,u-'�' , 1 9 . � ; �;�� -��-� � .� ,rJohn W. Harrigan � . Administrative Law � udge � , Reported: Tape recorded. Pursuant to chapter 14 . 62 , a copy of the Decision and Order in the above-entitled matter shall be se ved upon each party or the party's representative an the Administrat ve Law Judge by first class mail . A1-licenfo3 4 _ - � n �� a� �r . . �; � ��—d 7 MEMO NDUM The recommendation is limited o illegal sales on two dates; July 29 and August 17; � 1989 . The ecord is clear that another violation occured on June 14 , 1989 . The Notice of Hearing, however , does not cite the date of June 14 , 1989 . Therefore, no penalty is recommended for that violation as he licensee did not receive formal notice. There is no evidence in the record to support the allegations of licensee 's counsel that the inves igations are politically motivated or that these practices have grow up over a period of years with the tacit knowledge and consent o the law enforcement agencies . The licensee is clearly viola ing the law. The explanation that this is a long-time practice does not excuse the violations . J W.H. - 5 .`� y'- �j�� `7 F�'' � ;� C� �. l�' � ` �. �� p" � �`m,mm�� r`� . 4' / ��J / �4 :°l � �j tr f fr! / f% ` � C��E _.nx� �� !�✓ /�.+Se•'� �pILEDUh�•. i ~ j� �.� �. � � •�•� ��..-- Fl k."'4e`n �^'`�4�r�,�'��... •i f •-�" C"f �� _ 4' ��7 _ v" �n?ii fl ,�� I�uium STATE F M I N N ESOTA RECEIVED OFFICE OF AD INISTRATIVE HEARINGS �1 ry�� 1 � FIFTH FLOOR, LOUR EXCHANGE BUILDING 310 FO TH AVENUE SOUTH ClTY CLEitK MINNEAP LIS,MINNESOTA 55415 12)341-7600 Octo er 16, 1989 St. Paul City Council Attn: Albert B. Olson City Clerk 386 City Hall St. Paul , Minnesota 55102 In the Matter of the Licenses f Tanners Lake VFW OAH Docket No. 60-2101-4050-6 Dear Mr. Olson: Enclosed please find the origi al Findings of Fact, Conclusions and Recommendation together with the offi ial record in the above-entltled matter. We are closing our file in th s matter. Sincerely, �� C . � u Louise C. Cooper Office of Administrative Hearings enclosure AN EQUAL OPPORT ITY EMPLOYER Dy}\�11iQ s��Tr �`�� CITY OF SAINT PAUL 3�. @'� 30 ��; OFFICE OF 7HE CITY ATTORNEY �� win�nm ,< %a "-'� ��" „�' EDWARD P. STARR, CITY ATTORNEY `;s '''��,,,,�«°,��'`� 647 Ciry Hall, Saint Paul,Minnesota 55102 612-298-512� GEORGE LATIMER MAYOR October 19 , 1989 Mr . Richard D. McLay Notice of Council Hearing Post Commander, Tanners Lake VF 1792 York Avenue St. Paul , Mn. 55119 RE: City of St. Paul vs. Tanner Lake VFW Dear Mr. McLay: Please take notice that a earing on the report of the Administrative Law Judge concerning the above-mentioned establishment has been schedule for 9:00 o'clock a.m., November 14, 1989, in the City Council hambers, Third Floor, Saint Paul City Hall and Ramsey County Cou thouse. You have the opportunity to file exceptions to the report with the City Clerk at any tim e dur ' ng normal business hours. You may also present oral or writte argument to the Council at the hearing. No new evidence will e received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Ad inistrative Law Judge and on the arguments made and exceptions filed, but may depart from the recomm endations of such Judge as permitted by law in the exercise of its judgment and discretion. Sincerely, THOMAS J. WEYANDT Assistant City Attorney cc: Joseph F. Carchedi License Inspector Lt. Donald S. Winger Vice Unit Albert B. Olson City Clerk John Daubney Attorney at Law Mr. Peter C. Feist, Mgr . Tanners Lake VFW STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) AFFIDAVIT OF SERVICE Luann K. Skrivseth, being firs duly sworn, deposes and says that on the lOth day of October , 1 88 , she served the attached Findings of Fact, Conclusions and ecommendations , by depositing in the United States Mail at the City of Minneapolis, a true and correct copy thereof, property env loped with postage prepaid; to all persons at the addresses indic ted below or on the attached list: Thomas J. Weyandt Assistant City Attorney U� 647 City Hall St. Paul , Minnesota 55102 John E. Daubney Attorney at Law 700 Landmark Towers 345 St. Peter Street St. Paul , Minnesota 55102 Subscribe and swor to before me this (�`� day of , 19 9 . �,� ' ��. � �; Qtary Public w+' � J�JHN W. HAI�Fi1GnN +%�,~,�:,.,•�:,r;:i i ARY VUBIiC—MlN�.:.°�TA � +��il HEnNEPIN CC!:l��Y .�,: `,'�..l.�•'t.'y CommsMOn F�cWres:ePt.23. �J92 60-2101-4050-6 STATE MINNESOTA OFFICE OF ADMI STRATIVE HEARINGS FOR THE CITY COUNCIL F THE CITY OF SAINT PAUL In the Matter of FINDINGS OF FACT, the Licenses of CONCLUSIONS, AND Tanners Lake VFW RECOMMENDATIONS The above entitled matter cam on for hearing before Administrative Law Judge, John W. Harrigan, on September 25 , 1989 , at 11: 00 AM, at Downtown St. Paul Main Library, 90 West Fourth Street, 4th Floor Meeting Room, S . Paul , Minnesota 55102 . The hearing in this matter concluded n September 25 , 1989 . Thomas J. Weyandt, Assistant ity Attorney, 647 City Hall , St. Paul, Minnesota 55102 , appeared n behalf of the City of St. Paul . There was no appearance on behalf of the licensee. This Report is submitted to t e St. Paul City Council pursuant to Section 310 .05 (c-1 ) of the St. Paul Legislative Code. STATEME T OF ISSUE The issue to be determined in this proceeding is whether adverse action should be taken against th licensee on the ground that the licensee or its employees have sol and permitted the sale of alcoholic beverages on the license premises without a proper on-sale license under Chapters 409 or 410 of the St. Paul Legislative Code as a matter of us al conduct of the club, including the specific dates of June 29 , 198 , and August 17 , 1989 . FINDING OF FACT l . The Tanners Lake VFW is cu rently licensed as a private club according to the records of the Ci y of St. Paul . It is not licensed for sale of alcoholic bev rages on the premises. 2 . On June 14 , 1989 , at appro imately 11: 30 p.m. , Michael A. Grostyan entered the Tanners Lake FW at 1795 7th Street East. Mr . Grostyan was not questioned by any ne regarding his membership upon entry. He sat at the bar and orde ed a beer . When he was served the beer he was asked if he was a ember . When he informed the bartender that he was not, he was sked to sign a guest book . Mr . Grostyan was able to purchase stro g beer over the counter and drink it on the premises . He observed 1 'quor bottles on display and mixed drinks being dispensed by the bart nder from the liquor bottles into glasses and mix added. '"�(� �� _ . ! .% � /' 3 . Mr . Grostyan also phon d the club and was told that "they open at 4 :00 p.m, and that you are supposed to be a member but you might be able to qet in. " 4 . On June 29 , 1989 , Sgts Kempe and Gohl went to the Tanners Lake VFW at 6: 30 p.m. Sgt. Go 1 reports that he has been in numerous on-sale liquor establ shments during his experience and when he walked into the Tanner Lake VFW there was no difference. The bartender poured a drink f om a liquor bottle into a glass. Sgt. Kempe ordered a beer and oke, which he received and he paid $2 .00 for it. At no time were they asked if they were members of the club. There were liquor b ttles behind the bar , there were no names on the bottles. 5 . On August 17 , 1989 , at approximately 8: 15 p.m. , Kristina Van Horn from the License Division and Sgt. Gohl went to Tanners Lake VFW. They approached the bar nd ordered a beer . The bartender asked if they were members and was told they were not; that they were from the Licensing Divisi n. The bartender was pouring drinks from a bottle marked with a na e but she could not remember the name of the member whose name was o the bottle. The Commander came to the premises a few minutes lat r and indicated that they sell 3 .2 beer for $1 .25 each and set-up . He stated that people bring their bottles . The officers went ba k into the club and stayed for a short time and they noticed st rage lockers . There was no traffic to and from the storage lockers and no bottles sitting on the tables. All drinks were poured from bottles and made at the bar . Beer , both in cans and on tap s sold. 6 . On July 28 , 1989 , the C ' ty Attorney wrote to Tanners Lake VFW informing them of the alleg d violation and inviting a response. 7 . 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. 8 . 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. " 9 . The Tanners Lake VFW wa sent a Notice of Hearing on September 12 , 1989 . 10 . 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. " 2 a Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUS ONS OF LAW 1 . The Administrative Law Ju ge and the St. Paul City Council have jurisdiction over this matte pursuant to Minn. Stat. 340A.503 , subd. 2 , and St. Paul Legis. Code 310 .05 (C-1 ) . The Notice of Hearing was proper in this matter and all procedural requirements of law or rule have been fulfilled b the City. 2 . St. Paul Legis. Code Sec. 409 .01 , provides: "No person shall sell intoxicating liquor fo consumption at any time or place in Saint Paul without a license. " 3 . St. Paul Legis. Code Sec. 409 .02 , provides: "On-sale shall mean the sale of liquor by the gl ss for consumption on the premises only. " 4 . St. Paul Legis. Code Sec. 409 . 12 , provides: "Any license or permit under this chapter may be ither suspended for up to sixty (60 ) days or revoked or a civil f ne imposed not to exceed two thousand dollars ($2 ,000 .00 ) for ach violation on a finding by the council that the license or permi holder has failed to comply with an applicable statute, rule or or inance relating to alcoholic beverages. No suspension, revoca ion or fine shall take effect until the license or permit holde has been afforded an opportunity for a hearing under Section 310 .0 of this Code. 5 . St. Paul Legis. Code Sec. 409 .26 , establishes presumptive penalties and sets forth eleven t pes of violations . The sale of liquor without a license is not o e of the listed violations . Similar violations are (5 ) After ours sale of alcoholic beverages, (6 ) After hours display or consum tion of alcoholic beverages, and ( 11) Sale of intoxicating liquor here only license is for nonintoxicating liquor . The pres mptive penalty for those violations is two or three days s spension for the first violation; four or six days for the second v olation; twelve or eighteen days suspension for the third violatio and; revocation for the fourth violation. 6 . On June 29 and August 17 , 1989 , the Tanners Lake VFW, through its employees , sold and p rmitted the sale of alcoholic beverages on the licensed premise without a proper on-sale license under Chapters 409 or 410 of the t. Paul Legislative Code 7 . The sale of alcoholic bev rages without a proper on-sale license appears to be a matter of usual conduct of the business of the club. 8 . The violation on August 1 , 1989 , was a second violation and occured subsequent to the receipt of a warning letter from the City, dated July 28 , 1989 . 3 9 . The record also discloses nlawful sales of alcoholic beverages on June 14 , 1989 . RECOM ENDATION IT IS HEREBY RECOMMENDED that the City Council take disciplinary action against the licensee as fo lows: The license should be suspend d for a period of three days for the first offense and six day for the second offense, a total of nine days. Dated this ��day of '' ' , 9 . � �� i'� �� ,�2,��--'' ,�� i�Tohn W. Harrigan Administrative Law � udge � ! Reported: Tape recorded. Pursuant to chapter 14 .62 , a copy of the Decision and Order in the above-entitled matter shall be se ved upon each party or the party's representative an the Administrat ve Law Judge by first class mail . A1-licenfo3 4 • ��"' f. / ( `r' �� c� ! ME ORANDUM The recommendation is limite to illegal sales on two dates; July 29 and August 17 , 1989 . Th record is clear that another violation occured on .Tune 14 , 19 9 . The Notice of Hearing, however , does not cite the date of June 1 , 1989 . Therefore, no penalty is recommended for that violation a the licensee did not receive formal notice. There is no evidence in the ecord to support the allegations of licensee 's counsel that the inve tigations are politically motivated or that these practices have gro n up over a period of years with the tacit knowledge and consent f the law enforcement agencies . The licensee is clearly viol ting the law. The explanation that this is a long-time practice doe not excuse the violations . .W.H. � L-x ! ��•* �. CITY OF SAINT PAUL '�� ' OFFICE OF THE CITY ATTORNEY . ,�: �` , �� '� EDWARD P. STARR. CITY ATTORNEY .�� u �.n id w; �• - 'y,4� '••• �y 647 City Hall.Saint Paul,Minnesota 55102 -��4tnr•:.�'.s 612-298-5121 �GEORGE LATIMER MAYOR July 28, 1989 Mr. Peter C. Feist, Mgr. Tanners Lake VFW Post �8217 1795 7th Street East St. Paul, MN 55119 Dear Mr . Feist : I am in receipt of informati n that could lead to an action against your Private Club licen e. 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 u der chapters 4H9 or 410 of the Saint Paul Legislative Code as a matter of the usual conduct of the business of the club including the week of June lt, 1989 and on June 29, 1989. If you do not dispute the alleg tions or facts, or agree tnat 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 contest the allegations or dispute the facts, I will take the necessa y steps to schedule a hearing before an independent hearing xaminer and provide you with a proper notice of hearing so yo will know when and where to appear , and what the basis for the hearing will be. If I do not hear from you within seven (7) days from the date of this letter, I will assume you want t have the hearing. Very Truly Yours, �+�-� � • ��- PHILIP B. BYRNE Assistant City Attorney cc: Joseph F. Carchedi License Ins�ector Lt. Daryl Olson Vice Unit .��.�. �.�J.��. �.....-...�...��...«..-wv.�,.�.r�w+....n�_...r_.�.... .��.�.r,.. .i�....r..-. ...w t...�w.+Mwf�l�erw:_��......w.�VAn.,a.v.nK'..f,':R.a�.aw.+..wv:M'tiw1ti�Y:w'.:rY✓. � �� f�?� � � 9/20/89 I hereby certify that this is a rue and exact copy of the records of the License & Permit Division of the City of St. Paul for Tannners Lake VFW Post 4�8217 at 1795 East Seventh Street. � � J eph F Carchedi License Inspector ,�a Date _ ITY OF ST. PAUL VS . TANNERS — AKE VFW CITY' S EXHIBIT ��2 f�,��:�:MARCELLA G. SCHILLINGER � NOTARY PUBLIC—MINNESOTA � . '`w` ��• RAMSEY CO UNTY � ' My Commission Expires Mar.21,tgg� `v V �:�,�..' PAGE 1 of 2 119 East 7th St. 55106 ID#426664 Tan ers Lake VFW Post 8217 _ � Gamb Inves. Fee B 61139 6-22-89 1 Cigarette 17052 3-31-9p . - Tann s Lake VFW Post 8217 '�� ' Private Club 18291 7-1-90 Restaurant(B) 18291 7-1-90 ' Tann rs Lake VFW Post #8217 �S' - . , Class B Gamb. Invest. Fee 13698 8-31-90 �� M M oM0 u�o � � °O q o�0 \0�0 0�0 ao ao ^ ^ � � M� ^, M�+'-+ CARD ��1 t 1 N M � � �t� l� M1�1� n C� r— tv� I �p ^ o �-, ., ; �O�D � M � ONM M �� I M I'n LA �O � �N M M L�00 N � ...; . _. _.. . . . . . .. �. . d ap op �,,,i �-1 � r-1�pp I . . . .. . . . � '-�1 . . .. .. . .. .. .� y t.... . . � . .� � . � � � � . . . _ r1 � ,�+ � � � . V = �� ,� �, � � �,� � 1795 East 7th Street-55119 ID#426664 • � . � CJ � cd V , �U � �, .? p � N > +�.�,°> +� M+ > � Tanner Lake VFW Post 8217 00 �' i,+ N V•�+ � U'r uf � _ a a a a N a � N� � Restaurant (B) 18291 7-1-88 ,� � Private Club 18291 7-1-88 � � � '� ' Tanner Lake VFW Post 8217 N � � Gambling Inv. Fee B 17980 6/22/38 °� °N° 00 � � � ,� +� � Tanner Lake VFW Auxiliary #8217 � o o o Gambling Inv. Fee B 75688 12/1/88 � a � 3 � 3 3 " " " 1 Cigaxette 17052 3-31-89 � � � > > � > Tanner Lake VFW Post 8217 � �, � � � ,� � Private Club 18291 7-1-89 � � N � ; a ,� • Restaurant B 18291 7-1-89 S. y �7 fr � p�j � Q� � \iL'flll/ Tf 2 �T � �.-. � �' C� � . . ..... � v � F.r �_[--� . . �.�....._. e. . . .... .. . . ...... . ..... .. - _ . .. .... ."�"�-_:.�_. ... . .. _ _., 179 E Seventh Str�et-55119 � ID# 9651904 � � Tanne s Lake VFW Post 8217 � 2 Cigarette 17052 3-31-87 Tanne s Lake VFW Post 8217 Private Club 18291 7/1/87 Restaurant B 18291 7/1/87 � T ers Lake VFW Post 8217 Investigation Fees 95873 8/13/87 Royal uard Junior Drum & Bugle Corps Tipboards, Raffles & Pulltabs 16606 11/29/86 � Tanne Lake VFW Auxiliary #8217 � Investigation FeesL�) 99211 11/4/87 � j " " " 1 Cigarette 17052 3-31-88 CARD 4�3 ' f� f/ � � _ ��'�- /, MICHAELA. GROSTYAN —CITY OF ST. PAUL VS . TANNERS LEGALIN�'ESTIGATOR LAKE VF CITY' S EX��IBIT �k3 G73 1 PARI'RIDGE PLACE OFFICE:(612)653-0270 LINO LAKES,MINNESOTA 55014 CnR:�a i 2)�2aa2so June 0, 1989 Stephen M. Goldfarb Attorney at Law 610 Park P�ati.onal Fank Bldg. 5353 y+ayzata BJ vd. � _ P�finneapolis, MN 55�16 RF: People's Cho�ce Dear Mr. Goidfarb: The following is a summary of the survei?iance an�i inve�ti�at�on I di.d on this par- ticular case. First of all, according to the City f St. Paul Licensing Bureau, there are 12 private clubs in St. Paul, including you client's. The following is a list of those clubs and a summation of ny vi its or attempted visits to each of these �` facilities during the past ten days. 1 . 2. Tanners Lake VF47. 1795 7th St. E. On the evenin� of �une 1�, I enter the facility at approximately 11 :30 p.m. , no one questioned me at the door r onee I was inside as to whether I was a member or not. I sat down and ord red a beer at the bar, was served the beer anci then was asked whether J was a member. When I informed them I was not, a bartender produced a guest book w ich she asked me to sign. While she was doing th�s, a customer was giving her a hard time about requiring me to si�n the boolc. In fact, the customer tated, "Why do you make him sign that? You're the only bartender here th t does that. No one else does it." The bartender responded by sayin�, "Be use we don°t have a liquor license, I have to make him sign it so we don't � t into trouble.'t Zt should also be noted that whi.le I was there, I observed liquor bottles on display and mixed drinks being dispensed by the bartender f om the liquor bottle into a glass and mix adc3ed: I did not have an opportun'ty to view any licenses that were displayed within the establishment. I was t ld during a phone call to the establishment that they open at 4:00 p.m. and t at you are supposed to know a member, but you might be able to get in. . • 'Goldfarb - PeopleTs Choice ' June 20, 1989 Page Three 4, 10. 11 . If I can be of further assistance in thi file, please advise. Zf you would like r�e to make further effor•ts r•egarding the c ubs I have visite� in the past or those T have been unsuccessful on, please advise Si r_cerely, � t�ichael l�. 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C N �-S O- O N O tn G rt f� � E �-i N � c� � N m t� w n �o � o �o rr � n n W (D �n rt u� • .� G O r• tD r• �n v� O I l� n O r, � r-� � rn O tn O � r* .G W 7' O � a. O CL f� r• , r� C G ]' 'b tn fD. � � N R � r fD � LL � i't rt N tn fD . (D fD �O r� ?' �C C O. ' - • �o • �' rr p.. �-t I ' w Oo r. o' � f0 • � O �'i = E ln T.' O � �' O w � rn w cD w (D w W w G rt H � h'• � ' � �O 7 E E � K � E (D �'�t (0 .Xi � y �p Pt � �rt QO N � O. � W r'S rt w C� rt f7 E $ £ h-� tA fD 7' £ �-h �n Cl W O fD rt O O fD fD C " W O �' (D C X N G lD W F. F, �"' �"S (D 1r• Vf `,}" rt h-• F-� "a' N � N N T." �C � N r• . T.' Cl. W n r-� co Oo u� C N r� Q. o !D . rf� �y � ��' � , . • CITY O SAINT PAUL INTERDEPARTME TAL MEMORANDUM � ��-��1��°� _CITY OF ST. AUL VS . TANNERS — �°��' LAKE VFG] CI Y' S EXHIBIT �� 6 AU� ti;; 1989 DATE: August 24, 1989 r�;�� " �. -�-� � .Y „ r°; 7 ; �„;` `�� -?,. �:, ., T0: Tom Weyandt City Attorney's Office � FROM: Kris Van Horn,,��` License Division RE: Private Club Investigation - Tanners Lake, 1795 East 7th Street As requested by the City Attorney, I accompanied Andy Gohl from the Saint Paul Police Department Vice nit to the private club Tanners Lake. We arrived at 8:15 p.m. on August 17, 1989. Andy rang a buzzer and the door was opened. We walked to th bar and were asked by a female bar- tender if we were members, guests of a member, or if we had identifi- cation. She informed us she coul not serve us. Andy identified himself as a vice fficer and me as Kris Van Horn from the License Division and told her e would like to observe the operation. She stated that she was a little ervous. Andy asked for the woman's name and phone number which she g e. We asked how drinks were disperse and paid for. We were informed that set-ups were $1.25, tap beer was .65�, and cans were $1.25. The liquor came from members bottles. The b rtender made aIl of the drinks while we were there. The person next t me was served what looked like a screw driver. I saw the bartende mix several other drinks all from bottles that had initials on them. The bartender could not identify the members that owned the bottles. While sitting at the bar with And , I noticed Gene Sellards, who appeared to have recognized me. He was co ersing with a man later identified as Potter. Potter came over and ask Andy if he was a member. Andy said no. He then asked if Andy had an identification card. He took his out and showed it to him. Andy repli that he did not have an identifica- tion card. At that point he orde ed us out. Andy indentified himself and me t Potter. (Sellards was standing in back of him looking very angry.) otter stated that he didn't care who we were. He wanted us out an we had no right to be there. Andy tried to tell him that by law we 'd have the right to inspect the premises at any time. I asked if they had a Private Clu License. He stated they did. I then told him that Chapter 310 of the gislative Code gives us the right to -..._�..s-.....-....«.�....,,s._::.ti..�r�..-e,._�. . ��,.a.�,vvc;:r.�s.. .. _..�'_..:.:..j.:x-_arccM::s?.c:>_:n ..-.�.:�.-ar.....�.r^:..*..r-Y'�,>.":- _ >°a��r*...:t,;ze°�F �-r�w:.:�_.< �.'!x.\.� ..�?.:�:-�....."� _..�:!'?�i..k-''a:T�,"T`. _. _,_.�.,'r.,a'. t+ '' S Tom Weyandt Page 2 August 24, 1989 inspect a licensed premises and by p eventing that he was jeopardizing the Private Club License. He still as not convinced and said he would call the commander. Richard McLay (the commander) was th re in approximately 3 to 5 minutes and asked us to come back to his off ce. We informed him of what we were doing and he agreed that we had every right to do that and apolo- gized for Mr. Potter. I asked how a person became a member and was told that you have to be a vet, or be a w fe, daughter, grandaughter, etc. of a vet and have proof of such. Then ou would be voted in at the next committee meeting. Andy asked how the drink prices were set. McLay informed us that a committee set the prices. All this nformation was the same as the bartender had described. He did inf rm us that for visiting vets he kept a case of whiskey that could be dispersed to the visitors as his guests. We then ended the meeting w th Mr. McLay with his assurance that he would speak with Mr. Potter. We went back into the bar and sat at a table for a few minutes. We then went to the bar and asked to see a c n of beer. The bartender took the beer directly from the cooler in bac of the bar. It was strong beer and did not indicate any members name. e then Ieft the bar at approximately 8:45 p.m. KVH/lb ' cc: Mr. Carchedi .: �� >��T'�� CITY OF SAINT PAUL 3�e ,?� ;; ,�: OFFICE OF THE CITY ATTORNEY � �; >< iiii�i ii�iii >= `.;; 1--1� „=" EDWARD P. STARR, CITY ATTORNEY '�`'�<<• '••• 647 Ciry Hall, Saint Paul,Minnesota 55102 �n�Q,.,�•�. 612-298-5121 GEORGE LATIMER MAYOR CTTY OF ST. PAUL VS . TANNERS _ September 12, 1989 �AKE VFW CITY'�S EXHIBIT �� Mr . Pete,r C. Feist , Mgr. NOTICE OF HEARING Tanners Lake VFW Post #8217 1795 7th Street East St. Paul, Minnesota 55119 -- RE: City of St. Paul vs. Tanner Lake VFW Dear Mr. Feist: This is to notify you that th 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: 11:00 a.m.* Place: Downtown St. Paul Main Library 90 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 310 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 concerning licensed premises, and for adverse action against suc licenses , under Chapter 3141 , including sections 31 �. 05 nd 31g. 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 P IOR TO THIS HEARING. THE CITY OF ST.PAUL VS. TANNERS LAKE VFW IS EXPECTED TO BEGIN AT 11 A.M., HOWEVER THERE MAY 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 employees 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 matter of usual conduct of the business of the club, inc uding the specific dates of June 29 and August 17, 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 have person of your choice represent you, to the extent not prohib ted as unauthorized practice of law. The hearing will be conducted i accordance with the requirem ents of sections 14.57 to 14.62 of he Minnesota Statutes, and such parts of the procedures under section 310.�5 of the Saint Paul Legislative Code as may be applicable. At the hearing , the Administrative 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 Judge may in addition hear relevant and material testimony from persons not presented as itnesses who have a substantial interest in the outcome of t e proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have su stantial interest in the outcom e of the proceeding. Concludi g 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 hearing all documents , records and witnesses you will or may eed to support your position. Subpoenas may be available to ompel the attendance of witnesses or the production of documen s in conformity with Minnesota Rules, part 1400.7fd0P1. ti . � If you think that this matter c n be resolved or settled without a formal hearing, please conta t or have your attorney contact the undersigned. If a stipulati n or agreement can be reached as to the facts , that stipulat on will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council actio . If you fail to appear at the hea ing, the allegations against you which have been stated earlier in this notice may be taken as true and your ability to challen e them forfeited. If non-public data is received into evidence at the hearing, it may become public unless objection is m de and relief requested under Minnesota Statutes, section 14.6 , 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 earings Kris Van Horn License Enforcement Audit r ` , � A,i� .�_` `�,/.// Syv��n CITY OF SAINT PAUL S:`��rr o�� . 3~� '0''� ` � �� OFFICE OF THE CITY ATTORNEY �o i.` ' � '� inurnw ,, `�;;; "'!�01' ��= 4�9 EDWARD P. STARR, CITY ATTORNEY , p � ?t 1-� � ��''�n,;��¢,�m..�"''^ S�. $-C��` � 647 City Hall, Saint Paul, Minnesota 55102 GEORGE LATIMER PQ HiN a��3S 612-298-5121 MAYOR D � /\ � � . � � _ � � September 12, 1989 �Q� � I Mr . Peter C. Feist, Mgr . NOTICE OF HEARING Tanners Lake VFW Post #8217 1795 7th Street East St. Paul , Minnesota 55119 RE: City of St. Paul vs. Tanners Lake VFW Dear Mr. Feist: This is to notify you that the earing 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: 11:0fd a.m.* Place: Downtown St. aul Main Library 9(� West Fourt Street 4th Floor Mee ing Room St. Paul , Mn. 55102 The judge will be an Administra ive Law Judge from the State of Minnesota Office of Administrati e Hearings: Name: Mr. Howar L. Kaibel, Jr. Office of dministrative Hearings Fifth Floo , Flour Exchange Building 31f� Fourth Avenue South Minneapoli , Mn. 55415 Telephone: 341=7608 The Council of the City of S int Paul has the authority to provide for hearings concerni g licensed premises, and for adverse action aqainst such licenses , under Chapter 3101 , including sections 31 �J. 05 a d 310. P16 , of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non=intoxicating liquor , autho ity is also conveyed by section 34fdA.415 of the Minnesota Statu es. Adverse action may include revocation, suspension, fines an other penalties or conditions. *THERE IS A HEARING SCHEDULED PR OR TO THIS HEARING. THE CITY OF ST.PAUL VS. TANNERS LAKE VFW I EXPECTED TO BEGIN AT 11 A.M., HOWEVER THERE MAY BE A DELAY. Evidence will be presented to the judge which may lead to adverse action against all the licenses y u hold at the above premises as follows : You or your em ployees have sold and permitted the sale of alcoholic beverages on th licensed premises without a proper on--sale license unde chapters 4�19 or 41� of the St. Paul Legislative Code as a atter of usual conduct of the business of the club, inclu ing the specific dates of June 29 and August 17, 1989. You have the right to be repres nted by an attorney before and during the hearing if you so hoose, or you can represent yourself. You may also have a erson of your choice represent you, to the extent not prohibit d as unauthorized practice of law. The hearing will be conducted in ccordance with the requirem ents of sections 14.57 to 14.62 of th Minnesota Statutes, and such parts of the procedures under s ction 31fd.f�5 of the Saint Paul Legislative Code as may be applic ble. At the hearing , the Administr tive Law Judge will have all parties identify themselves for he record. Then the City will present its witnesses and eviden e, each of whom the licensee or attorney may cross°-examine. T e licensee may then offer in rebuttal any witnesses or eviden e it may wish to present, each of whom the City attorney may cr ss=examine. The Administrative Law Judge may in addition hear r levant and material testimony from persons not presented as witnesses who have a substantial interest in the outcom e of the proceeding; for example, the owners or occupants of property 1 cated in close proximity to the licensed premises may have subs antial interest in the outcom e of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken. You should bring to the heari g all documents, records and witnesses you will or may ne d to support your position. Subpoenas may be available to co pel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 14f�0.7fdP10. . , , � ,,� 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 for incorporation into his or her recommendation for Council acti n. 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. QI, 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 Audi or m, ,n ,� ��-�ii� �.�� .� L: ��i. �� •p4 .� *i"�'�; IIILIItiUr STATE O M I N N ESOTA OFFICE OF ADM NISTRATIVE HEARINGS FIFTH FLOOR,FL UR EXCHANGE BUIIDING 310 FOUR H AVENUE SOUTH MINNEAPO S,MINNESOTA 55415 (6 2)341•7600 Septem er 15, 1989 Thomas J. Weyandt City of St. Paul Office of the City Attorney 647 City Hall St. Paul , Minnesota 55102 Mr. Peter C. Feist, Mgr. Tanners Lake VFW Post #8217 1795 7th Street East St. Paul , Minnesota 55119 Re: City of St. Paul vs. Tanne s Lake VFW Dear Mr. Weyandt: Because of a scheduling change dministrative Law Judge Howard L. Kaibel , Jr. is not available on September 25 to preside over this matter this case has been reassigned. Please direct any uture questions or correspondence to Adminstrative Law Judge John W. Harr gan, 1900 Hennepin Avenue, Minneapolis, Minnesota 55403, telephone no. 870-0 22. Please be informed that the hea ing time, place and date will remain the same. Thank you. Yours very truly, ��./ � ��ti�Cs_-�s�. PAIGE L. PURCELL Docket Clerk, OAH Telephone: 612/341-7604 PP AN EQUAL OP ORTUNITY EMPLOYER � ��a�� DEPARTMENT/OFFICE/OOU;qI DATE INITIATED• � �S� Attorne /TJW 11/22/s9 GREEN SHEET No. INI7IAU DATE INITIAUDATE CONTACT PERSON d PF�NE � ARTMENT DIRECTOR CITY OOUNqL Thomas J. Weyattdt 5121 �� [] AT7'ORNEV �cirr c��uc MUST BE ON COUNpL AOENDA BY(DAT� ROUTINO �B D(�ET DIRECTOR �FlN.R MOT.SERVICEB DIR. December 5 198 9 � �R(OR AS818TANTl � TOTAL N OF SIONATURE PA�iES 9 (CLIP ALL LOCAT NS FOR 81GNATURE� ACTION REGUEBTED: License Adverse Action Resolution represents action already t ken by the council on 11,[14/89. RECOMMENDATIONS:Approve(A)w Re�sct(R) COUNCIL COMM REPORT OPTIONAL _PLANNINO COMMISSION _GVIL SERVICE COMMIBSION ANALYST PHONE WO. _qB C�AMITTEE — COMMENT8: _STAF'F — _DISTRICf OOURT — 'SUPPORTS WHICH COUNqL OBJECTIVE7 ♦. INITIATIN(i PF�BLEM,ISSUE,OPPORTUNITY(Who,Whet,WMn,Where,Wh�: ��EiVF� N4V24� �,,r � C�EkK ADVANTACiE3 IF APPROVED: DISADVANTACiES IF APPROVED: DISADVANTA(iE3 IF NOT APPROVED: ��ur�c�e �dese�Yci� Center (�!OV 2�? �°89 TOTAL AMOUNT OF TRANSACTION a COST/REVENUE BUD�iETED(qRCLE ONE) YES NO �Npqrp gpup� ACTMTY NUMBER FlNANpAL INFORMATION:(EXPLAIt�