88-1439 WHITE - C�TY CLERK
PINK - FINANCE G I TY O F SA I NT PA U L Council ��� 9
C4NARV - DEPARTMENT ��
BLUE - MAVOR File NO. V
City Attny/PBB • •
Council Resolution
Presented By �%'a����'�"`
Referred To Committee: Date
Out of Committee By Date
RESOLVED, that the On Sale Intoxicating Liquor, Sunday On
Sale, Restaurant and all other licenses held by Lexi-Front , Inc. ,
Chester L. T�Iille, President, dba Gabes By the Park, for the
premises at 991 North Lexington Parkway in Saint Paul , are
hereby suspended for a ueriod of four (4) consecutive days .
This suspension shall commence on ��=te�h?r 4� i�sg
This Resolution is based on the record of proceedin�s before
the Administrative Law Judge, including the hearing on June 16 ,
1988 , the documents and exhibits introduced therein, the argu-
ments and statements of counsel for the parties on August 23 ,
1988 , and the deliberations of the Council in open session.
The Council adopts the findings of fact and conclusions of law
of the Administrative Law Judge contained in her Report dated
July 7 , 1988 , a copy of v�hich is attached hereto and made a
part of this Resolution. This Resolution and the action taken
by the Council in suspendin; the license are also based on the
fact of public record that the said licenses were suspended for
three days , February 8-10, 1988 , for a violatian of the gambling
lacas following a hearing before the Council .
A copy of this Resolution, as adopted, shall be sent by
first class mail to the Administrative Law Judge, and to counsel
for the licenseholder.
COUNCIL MEMBERS Requested by Department of:
Yeas Nays
Dimond
r.o� ; : [n Favor
coswit�!►"�
Rettman
s�he;bet A gai n s t BY
Sonnen
Wilson p
AUl7 � � ��o� Form Approved by City Attorney
Adopted hy Council: Date
Certified Pass d y n il Secret By ��� �� `���+�-
gy.
Approv y Yfavor: Date
t Approved by Mayor for Submission to Council
By ' BY
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aTATE OF MI�dNESOTA
° i�j���'Z['E OF ADMINI`aTRATIVE HEr'�FtING�i
In trs� NIa����� ot FINDSNGS OF FACT,
the Licens�s of COIVCLUSIONS, AND
Gabe ' s By the °arl� RECOMMENDATIONS
The a�ove-entitled matter came on for hearing bef ore
Admi.nistrative Law Judge Carol Grant on June 16, 1988, at 9 :00
,�.m. , Ftaom 1345, R�msey County Courthouse, 20 West Fourth
�treet, St. P�ul , riinnzsota, 55102 . Pursuant to the stipulation
of both p�3rties herein, thz hearing in this matter concluded on
July 1, 1938, the date of receipt of the final brief af the
licensee.
r'hili.� Byrne, Assistant City Attorney, Attorney for the
City of St. F�ul-License Inspector, 647 City Hall , St. Paul , MN
55102, app��ared on behalf of the City of St. Paul . Doug
, Thomsvn, TH�MS�N & ELLIS , LTD. , Suite 340 , 345 St. Peter Street ,
St. Fdul, ILi'd 55102 , appeared on behalf of the l icerisee.
This fteport is submitted to the St. Fau1 City Council
pursuant t� Section 310. 05 { c-1) of the St. Paul Legislative
Code.
STATEMENT OF ISSUE
The i��u? to be determined in this proceeding is c�hether
adverse ac�cio.� should be taken against the licensee on the
r�round that a bartender in the licensed establishment sold an
alcoholic 3�ecerAge to � person under the age of twenty-one years
in viol�xti��n �t Minn. Stat. 340A.503 Subd. 2 and St. Faul Legis .
Code 409. 4,3t2) .
FINDINGS OF FACT
1. On April 7 , 1988, at approximately 6:00 p.m. , 5t. Paul
Police Reserve Officer Jody Hummel entered Gabe' s by the Park.
On th�t datz, she was nineteen years old. Her birthdate is June
l , 1968.
2. O:ficer Hummel ordered and was served a rum and Coke.
S�7p T�as npTaer as;�ed for identification. `ihe bartender looked at
her tor a :little bi�t, but did not ask questions . There were
letis t��an *7fteen people in the bar at the time.
�'��r�����:..�
JUL �. 41988
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3. Officer Hummel had ma�?.e nine illegal purchases of
• , intoxicating lic�uor in the twc _ays before she caent into Gabe' s;
she made i:hree more illegal purchases after she exited Gabe' s.
� �c�/�3�
' CONCLUSIONS
1. T'.�e Administrative Law Judge and the St. Paul City
Council h�.,�e jurisdiction over this matter pursuant to Minn.
Stat. 340A.503 Subd. 2 and St. Paul Legis. Code 409. 08( 2) . The
Notice of Hearing was proper in this matter and all procedural
requirements of law or rule have been fulfilled by the City.
2. St. Paul Legis. Code Sec. 409. 08( 2) provides : "No
liquor shall be sold or furnished for any purpose whatsoever to
�.ny person under twenty-one years of age. . . " .
3 . T;�e licensee' s bartender sold liquor to a p�rson under
,:anety-one years of age.
4. T�ze licensee, through its aqent, nas violated St. Paul
Leqris. Cod� Sec. 409. 08t2) .
Basec3 upon the f oregoing Conclusions, the Administrative
Law Judge makes the f ollowing:
RECOMMENDATION
IT IS HEREBY RECOMMENDED tha� the City Council take
disciplina�y action aqainst the licensee as f ollows :
The liquor license of Gabe' s by the Park should be
suspended �or a period of three consecutive days.
Dated this 7th day of July, 1988.
/� , �--
�s��('�aC_ �fi,.lri;,-f .
. Carol Grant
Administrative Law Judge
Pursuant to chapter 14.62 , a copy of the Decision and Order in
the abo�re-entitled matter shall be served upon e�ch party or the
party` s re�resentative and the Administrative Law Judge by first
class :n�il.
_ _ _ _ .
MEMORANDUM �%�-/���
, This is a liquor license disciplinary proceeding under
Sectit�n ��)`a. 0 �t2) of the St. Paul Legislative Code. P.s part of
his cas�, the licens�e made a preliminary motion to dismiss the
procee�iing� on the ground that there is a criminal prosecutian
��nding ag�inst Jill Muellner, a witness in this matter. The
license� c�ntended that Ms . Muelln�r would assert the fifth
�.mendment if subpoenaed to testify at the license hearing, and
that important testimony, theref ore, was unavailable.
In �i���ter v. Palmictiano, 425 U.S. 308 ( 1976? , the Court
held that the fifth amendment does nat preclude civil
proceedincts rolated ta pending criminal proceedings . In fact,
the fif th amendment "does not f orbid adverse inferences against
parties to civil actions when they refuse to testify in reponse
to probative evidence offered against them" , Id. at 318. It
f ollows that JiZl Muellner' s absence does not preclude the
instant licen�e revocation proceeding. In fact , whether Jill
P�luellner wc�uld have taken the fifth amendment is speculative.
Additionally� the Administrative Law Judge asked the licensee
for an otfer of proof to better determine the significance of
�3ill Niuellner ' s evidence, and the licensee did not mal�e the
offer af p��oot.
There is little dispute about the facts in this case. An
• �m�Ioyee ow Gabe' s sold an alcohoZic beverage to a minor on
April 7 , 1988. The record does not reflect that this has
h�ppened be�ore. The question becomes whether adverse action
may be t��ke:� aqainst the licensee based on a sinc�le incident of
this :��a.t�ar��. A single act of solicitation by a prostitute is
not enou�h to justify a lic�uor license rev�cation under a
statut� whicn prohibits the licensee fram pe•rmittinc� ttle
premises t�a bzcome disorderly, according to Sabes v. Citv of
iiinnea�uli�., , �2fl 11GJ 2d �71 , 878 tMinn. 1�63) . However, the
re�erence =�o a sinc;le act of solicitation in Sabes does not
address adverse ac�ion short of license revocation. The Sabes
Caurt alsa indicated that an employer has a duty to inquire into
the conditions pret�ailing in his business; that a statute
prohibiting � licensee from permittincf his premises to be used
us � resor� �af prostitutes implies knowZedg� of the violation
• or the o�po�tunity through reasonable diligence to acquire
knowledc,�e; zn�. th�t there is no saf ety in ignorance "if proper
inquiry would avail" . Id. at 878.
St. Paul Legis. Code 409. 08( 2 ) imposed upon the licensee an
affirr�ativ� requirement to request proof of age from those
nurchas�nct �r consuming alcoholic beverages furnished by the
lic�nsed �:�c�.LlishmPnt. The purchaser' s age is r�adily
ti:�c�:�•ta:�r�z?zle, :do excuse was offered far failure to obt�.in
proof o� �.c�:; in this case. Z'heref.ore, a penalty con�i�tent with
p�nalties ?:�e�lious�y imposed by th� City Council is appropriate.
r. .c�.
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'�-'� G G� 53-2101-2543-6
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STATE OF MINNESOTA �-'��
UFFI�yE t7F ADMINISTRATIVE HEARINGS
In the Matter of FINDINGS OF FACT,
the Licenses of CONCLUSIONS, AND � ��
Gabe' s By the Fark RECOMNIENDATION3
The above-entitled matter came on for hearing before
Administrative Law Judge Carol Grant on June 16, 1988, at 9:00
a.m. , Room 1345, Ramsey County Courthouse, 20 West Fourth
Street, St. Paul , Minnesota, 55102. Pursuant to the stipulation
of both parties herein, the hearing in this matter concluded on
July 1, 1988, the date of receipt of the final brief of the
licensee.
Philip Byrne, Assistant Citp Attorney, Attorney for the
City of st. Paul-License Inspector, 647 City Hall , St. Paul , M1V
55102, appeared on behalf of the City of St. Paul. Doug
Thomson, THOMSON & ELLIS, LTD. , Suite 300, 345 St. Peter Street,
St. Paul, MN 55102, appeared on behalf of the licensee.
This Report is submitted to the St. Paul City Council
pursuant to Section 310. 05 ( c-1) of the St. Paul Legislative
Code.
STATEMENT OF ISSUE
The issue to be determined in this proceeding is whether
adverse action should be taken against the licensee on the
ground that a bartender in the licensed establishment sold an
alcoholic beveraqe to a person under the age of twenty-one years
in violation of Minn. Stat. 340A.503 Subd. 2 and St. Paul Legis.
Code 409.08(2) .
FINDINGS OF FACT
1. On April 7 , 1988, at approximatelp 6:00 p.m. , St. Paul
Police Reserve Officer Jody Hummel entered Gabe' s by the Park.
On that date, she was nineteen years old. Her birthdate is June
1, 1968.
2. Officer Hummel ordered and was served a rum and Coke.
She was never asked for identification. The bartender looked at
her for a little bit, but did not ask questions. There were
less than fifteen people in the bar at the time.
�G�_ , . � �f C��__�'..� Citp-89-004-CG
"�`"— 53-2101-2543-6
�
��-i�/3�
sTATE OF MINNESOTA
C�FFICE �F ADMINISTRATIVE HEARINGS
In the Matter of � FINDINGS OF FACT�
the Licenses of CONCLUSION3, AND
Gabe' s By the Park RECOMMENDATION3
The above-entitled matter came on for hearing before
Administrative Law Judqe Carol Grant on June 16, 1988, at 9:0�
a.m. , Room 1345, Ramsep Countp Courthouse, 20 West Fourth
Street, St. Paul, Minnesota, 55102. Pursuant to the stipulation
of both parties herein, the hearinq in this matter concluded on
July 1, 1988, the date of receipt of the final brief of the
licensee.
Philip Byrne, Assistant Citp Attorney, Attorney for the
City of St. Paul-License Inspector, 64? City Hall, St. Paul, M1V
55102, appeared on behalf of the City of St. Paul. Doug
Thomson, THOMSON & ELLIS, LTD. , Suite 300, 345 St. Peter Street,
�t. Paul, MN 55102, appeared on behalf of the licensee.
Z'his Report is submitted to the St. Paul City Council
pursuant to Section 310. 05 (c-1) of the St. Paul Legislative
Code.
i
STATENIENT OF ISSUE
The issue to be determined in this. proceedinq is whether
adverse action should be taken aqainst the licensee on the
ground that a bartender in the licensed establishment sold an
alcoholic beverage to a person under the aqe of twentp-one pears
in violation af Minn. Stat. 340A.503 Subd. 2 and St. Paul Leqis.
Code 409.08(2) .
FINDINGS OF FACT
1. On April 7, 1988, at approximatelp 6:00 p.m. , St. Paul
Police Reserve Officer Jody Hummel entered Gabe' s by the Park.
On that date, she was nineteen pears old. Her birthdate is June
l, 1968.
2. Officer Hummel ordered and was served a rum and Coke.
She was never asked for identification. The bartender looked at
her for a little bit, but did not ask questions. There were
less than fif teen people in the bar at the time.
3. Officer Hummel had made nine illegal purchases of
intoxicating liquor in the two days bef ore she went into Gabe' s;
she made three more illegal purchases af ter she exited Gabe' s.
�'� -��/3y'
CONCLUSIONS
1. The Administrative Law Judqe and the St. Paul City
Council have jurisdfction over this matter pursuant to Minn.
Stat. 340A.503 Subd. 2 and St. Paul Legis. Code 409. 08( 2) . The
Notice of Hearing was proper in this matter and all procedural
requirements of law or rule have been fulfilled by the City.
2. St. Paul Legis. Code Sec. 409. 08(2) provides : "No
liquor shall be sold or furnished f or any purpose whatsoever to
any person under twenty-one years of age. . . " .
3. The licensee' s bartender sold liquor to a person under
twnety-one years of age.
4. The licensee, through its agent, has violated St. Paul
Legis. Code Sec. 409.08( 2) .
Based upon the f oreqoing Conclusions, the Administrative
Law Judge makes the following:
RECOMMENDATION
IT IS HEREBY RECOMMENDED that the City Council take
disciplinary action against the licensee as follows:
The liquor license of Gabe' s by the Park should be
suspended for a period of three consecutive days.
Dated this 7th day of July, 1988.
�nn.�-C_.. ����,,! ,
Carol Grant
Administrative Law Judge
Pursuant to chapter 14.62, a copy of the Decision and Order in
the above-entitled matter shall be served upon each party or the
party' s representative and the Administrative Law Judqe by first
class mail.
l
MEMORANDUM '�/�3�
This is a liquor license disciplinary proceeding under
Sectian 409. 08(2) of the St. Paul Legislative Code. As part of
his case, the licensee made a preliminarp motion to dismiss the
proce��ings on the graund that there is a criminal prosecution
pending against Jill Muellner, a witness in this matter. The
licensee contended that Ms. Muellner would assert the fifth
amendment if subpoenaed to testify at the license hearinq, and
that important testimony, therefore, was unavailable.
In Baxter v. Palmictiano, 425 U.S. 308 ( 1976) , the Court
held that the fifth amendment does not preclude civil
proceedings related to pending criminal proceedings. In fact,
the f if th amendment "does not f orbid adverse inf erences against
parties to civil actions when they refuse to testify in reponse
to probative evidence offered aqainst them" , Id. at 318. It
f ollows that Jill Muellner' s absence does not preclude the
instant license revocation proceeding. In fact, whether Jill
Muellner would have taken the fifth amendment is speculative.
Additionally, the Administrative Law Judge asked the licensee
for an offer of proof to better determine the significance of
Jill Muellner' s evidence, and the licensee did not make the
offer of proof.
There is little dispute about the facts in this case. An
emplopee of Gabe' s sold an alcoholic beverage to a minor on
April 7 , 1988. The record does not reflect that this has
happened before. The question becomes whether adverse action
may be taken aqainst the licensee based on a single incident of
this nature. A sinqle act of solicitation by a prostitute is
not enough to �ustify a liquor license revocation under a
statute which prohibits the licensee from permitting the
premises to become disorderly, according to Sabes v. Citv of
Minneapolis , 120 N6d 2d 871, 878 tMinn. 1963) . However, the
ref erence to a single act of solicitation in Sabes does not
address adverse action short of license revocation. The Sabes
Court also indicated that an employer has a duty to inquire into
the conditions prevailing in his bu�iness; that a statute
prohibiting a licensee from permitting his premises to be used
as a resort for prostitutes implies knowledge of the violation
or the opportunity through reasonable diligence to acquire
knowledge; and that there is no safety in iqnorance "if proper
inquiry would avail" . Id. at 878.
St. Paul Legis. Code 409. 08(2) imposed upon the licensee an
affirmative requirement to request proof of age from those
purchasinq or consuming alcoholic beveraqes furnished by the
licensed establishment. The purchaser' s aqe is readily
ascertainable. No excuse was offered for failure to obtain
proof of age in this case. Therefore, a penaltp consistent with
penalties previously imposed bp the City Council is appropriate.
c.q.
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� ` F�T*���'�� � CITY OF SAfNT PAUL
� =9��`� "' ''4..
��"� ''� OFFICE OF THE CITY ATTO(�NEY
, . .
:� � ;'
�' 'iii1��11��i ��
'>.; —L-�- �= EDWARD P. STARR, CITY ATTORNEY
``:,�•.�.-`�' 647 City Hall, Saint Paul, Minnesota 55102
612-298-5'121
GEORGE LATIMER
MAYOR
May 23, 1988
Mr . Chester L. Wille NOTICE OF HEARING
Lexi=Front, Inc.
991 P�orth . Lex ington Parkway
St. Pa;�l , Mn. 55103
RE: Ga1�e' s By The Park
Dear M� . Wille :
This is to notify you that a hearing will be held concerning the
licen=ed premises stated above at the following time , date and
pl ac e :
�ate : June 16 , �988
T ime: 9: 00 A. M.
Place : Room 1345. Ramsey County Courthouse
20 West Fourth Street , St . Paul , Mn. 551Q2
The judge will be an Administrative Law Judge from the State of
yinnesota Office of Administrative Hearings :
Nam2: Ms . Carol Grant
� 24�4 Stevens Avenue South .
. Minneapolis , Mn . 5544�4
Telephone: 871-9004 • . .
� Th'e Council of the City of Saint Paul has the authority to
provide for hearings concerning licensed. premises, and for action
. . again�t such liaenses , under Chapter 3I0, including sections ,
310.05 and 31PJ.Q6 , of the Saint Paul Legislative Code. In the
case c f 1 ic�nses for intox icating and non- intox icating 1 iquor ,
authority is also conveyed by section 34 �A.415 of the Minnesota
Statutes . .
- . , Evidence will be �resented to the judge which may lead to adverse ,
� action against the license or licenseholder as follows : � �
• On April 7, 1988, a bartender in the licensed establishment,
Gabe's By The Park , sold an alcohol ic beverage to a person
un�er the age of 21 years in violation of section 409. 08 (2 )
of the Saint Paul Legislative Code and Minn. Stat. 1986 ,
section 340A. 503 , subd . 2.
, �'�/�/3�
^ , .
� ► �
You have the right to be represented by an attorney before and
during the hearing if you so choose, or you can represent
yourself. You may also have a person of your choice represent
you , to the extent not prohibited as unauthorized practice of
law.
The hearing will be conducted in accordance with the requirements
of sections 14.57 to 14. 62 of the Minnesota Statutes , and such
parts of the procedures under section 310. 05 of the Saint Paul
Legislative Code as may be applicable.
At hearing , the Administrative Law Judge will have all parties
identify themselves for the record. Then the City will present
its witnesses and evidence, each ef ti�hom the licensee or aLtorney
• may cross°-examine. The licensee may then offer in rebuttal any
wi tnesses or ev idence it :nay wi sh to present , each of whom the
City attorney may cross�examine. The Administrative Law Judge
may in addition hear relevant and material testimony from persons
not presented as witnesses who have a substantial interest in the
outcome of the proceeding; for example, the owners or occupants
� of property located in close proximity to the licensed nremises
may ha��e substantial interest in the outcome of the proceeding.
Conclu:jing arguments may be made ;�y the parties. Following the
`�earing , the Judge will prepara Findinc�s of Fact, Conclusions of
L3z.a , and a specific recom*nendation for action .to be taken.
You should bring to the hearing all documents , r�cords and .
witnesses you will or may need to support your position .
Subpoenas ;nay be available to compel the attendance of witnesses
� br the production of documents in conformity with Minnesota
• Rules, part 14 �0.7Q00. �
� � :IL..�you think that this matter can be resolved or settled without , •
a forrnal hearing , please contact or have your• �attorney contact �
� � the undersigned. If a stipulation or agreement can be reached as
to the facts , that stipulation wil ? be presented to the
Administrative Law Judge for incorporation inzo his or her
recor;�mendation for Council action.
.
If you �fail to appear at the hearing , the allegations against you
which have been stated earlier in this notice may be taken as .
true and your ability to challenge them forfeited. If non=public '
data is received into evidence at the hearing , it may become
. ,/`��
. � ' ��/�`�
. �
publ ic unless obj ection is made and rel ief requested under
Minnesota Statutes , section 14. 60, subdivision 2.
Very truly yours,
. � �+
PHILIP B - BYRNE
Assistant City Attorney
(612 ) 298=5121
Attny. Reg . No . 13961
cc: Joseph F. Carchedi
License Inspector
Lt. Donald Winger
Vice Unit
Albert B. Olson
City Clerk
.�s. . Ca�ral':.Gr�nt -�
.
. ��-/�-3�
1
THOMSON & ELLIS, LTD.
LAWYERS
2 SUITE 300
THREE FORTY FIVE ST. PETER STREET
SAINT PAUL, MINNESOTA 55102
3 (612) 227-0856
4
5
6
7
Gabe 's By The Park
8
v.
9
St. Paul City Council
10
11
12 BRIEF OF LICENSEE
13 At a hearing conducted in this case on June 16, 1988,
14 the Honorable Carol Grant requested the licensee to submit a
15 brief concerning the propriety of imposing sanctions in this
16 case. This brief is submitted on behalf of the licensee in
� � accordance with that request. The issue addressed by this
18 brief is whether it is appropriate to impose serious sanctions
19 against a licensee for a single sale of an alcoholic beverage
20 to a minor . At the June 16, 1988, hearing Judge Grant
2� questioned whether Sabes v. City of Minnea olis, 265 Minn.
22 166, 120 N.W. 2d 871 (1963 ) , permits the imposition of serious
23 sanctions for such a first-time offense.
24 The plaintiff in Sabes sued the city to enjoin
25 revocation of various licenses he held in connection with the
26 operation of his bar and restaurant. Both the district court
27
28
I
. , ��/��%
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� and the supreme court refused to enjoin the revocation. The
2 plaintiff held licenses for on-sale liquor , nonintoxicating
3 beverages, food, cigarettes, and operating a dance hall and
4
tavern. The revocation was based upon numerous arrests and
5
convictions for various morals violations occurring at the
6
plaintiff 's bar . 120 N.W. 2d at 873.
7
The city council heard evidence of more than one dozen
8
instances of solicitation, occurring at the plaintiff ' s bar,
9
which resulted in prostitution convictions . Id. at 875-76.
10 �
Additional evidence of other moral offenses, also occurring at
11
the plaintiff 's bar, was presented to the city council . Id.
�
o �0 12 at 876. Based on all of this evidence, the city council
� N,� 13
J W" concluded that the plaintiff permitted his bar to be used as a
J �aOm 14
W���`�o resort for prostitutes and, consequently, revoked his
W W
as3�W?N 15
ZJ��y�N licenses . Id. at 875.
O N J� ��
cn �a`° 16
0 0� On appeal, the Minnesota Supreme Court held that the
Z 17
= WQ
~ _`� revocation was justified by the plaintiff ' s knowledge that
~ 18
prostitutes were frequenting his bar and by the "numerous
19
convictions" resulting from their solicitation on his
20
premises. Id. at 879 . Nevertheless, intimating that serious
21
sanctions are inappropriate in cases involving only a
22
first-time single violation, the court cautioned: "Nor is a
23
single act of solicitation enough to justify a license
24
revocation under a statute which prohibits the licensee from
25
permitting the premises to become disorderly. " Id. at 878
26 —
(emphasis supplied) . Thus, Sabes supports the proposition
27
that serious sanctions (such as revocation or suspension) are
28
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- . .
�����i
1
justified only if there is evidence of more than one violation.
2
Unlike Sabes, the evidence in the present case is
3
limited to only one alleged violation: a single sale of an
4
alcoholic beverage to a minor on April 7, 1988. Also unlike
5
Sabes, there is no evidence that the licensee in the present
6
case knew of this alleged first-time violation. Furthermore,
7
Sabes involved the solicitation of prostitution--a far more
8
serious offense than the mere sale of an alcoholic beverage to
9
a minor . Adherence to the rationale in Sabes, therefore,
10
dictates that serious sanctions not be imposed in this case.
11
The present case involves an allegation of a single,
W 12
�N first-time violation of selling an alcoholic beverage to a
o �0 13
JN�
. W� minor . Imposition of serious sanctions, such as revocation or
`� W~`° 14
�
�N°oaNO sus ension is clearl ina ro riate. If a short sus ension
Ww�'�zr P r Y PP P P
as3�W?N 15
ZJ��y�N is imposed, however, fundamental fairness and justice require
N �Q�° 16
0 0� that it be stayed for a reasonable period of time, and
= WQ 17
~ _� executed only if a subsequent violation occurs.
~ 18
Respectfully submitted,
19
THOMSON & ELLIS, LTD.
20
21 -
By
22 r Bass
Atty. Lic. No. 189340
23 Suite 300
345 St. Peter Street
24 St. Paul, Minnesota 55102
(612)227-0856
25 Attorneys for Licensee
Dated : June 27, 1988
26
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28
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' c t ( �i i �i V:... �
STATE OF MIY:�'ESOTA )
County of Ramsey ) ss. _
CITY OF SAINT PAUL )
Albert B. Olson
I. • • • • • • • • •• • • • • • • • . - - . . .. . . .City Clerk of the
City of Saint Paul, uinnesota, do hereby certify that I have
co�pared the attached copy of Couacil File \o. , �!�681. . . . . . . . . . . .
as adopted by the City Council. . . . . , ,APri1 .28,. " . . . . . . . . . lg.gg. . .
and approved by the *:ayor. . . . . . . . . . . . ..pril .29.. . . . . . . . . . . . 1?.88. . .
with the original thereo£ on file .in my office. �
I further certi:y that said copy is a true aiid correct copy
� ' of said originaZ and the whole thereof.
' WIT��SS ny hand and the seal of the City of Sain*_ Paul,
Minnesota this . . . . ?3rd. . . . , , day of .. . . . . .MaX . . . . . . .A.D. 19.88 .
. , � � � r
• ` . . . . . . �,jxfK;�.:� , l�: . .::-�:":��n!.. . . . . . . . . ..
City Clerk. ;�,
l� �TY O F 5AINT Y-�LTL ""°`.'
.�ww♦ o�►,►�r..cw �
+.u�c — �.�row File H�.
���/'City' Attny . a • .y� �
, � O/ WZ/LbL/`�G Ordinance NO. Aa1dt . 'y��4
'resented B `t� . /�'`ti • �T`g" ��
Y
Referred To Committee: Date
� Out of Committee By Date
�����
An Ordinance amending Chapter 409 of the
Saint Paul Legislative Code pertaining
to Intoxicating Liquor; nroviding
presumptive venalties for liquor
licensed establisr.nents .
THE COUNCIL OF THE CITY OF SAZNT PAUL DOES ORDAIN :
� Section 1 .
� That Chapter 409 of the Saint Paul Legislative Coc�e is hereby
amended so as to add the following new provisions thereto :
Sec . 489-�3- 409 . 26 . Intoxicating liquor; ad�e�se
PeaY�xgs; eend�e��eAS��a�e�a��ens; presumptive penalties .
a) P��ur_�_o�se . 'I'he purpose of this section is to
� est2bli' s�-a stancard by which the, City Council
deter�ines the length of license suspensions; and
revocations , ���es-ax�{��e�-�ke-��ae_Ao-e=-eex�=��eas
t?e�-��e-bt�9�xes� -��ee�se9; and shall apply to a11 ;
on-sale and off-sale licensed premises . T�ese
�enalties are resumed to be a ro riate-�or ever
� case , owever t e Counci may eviate t ere rom in
an individual case where the Council iinds and
de�er�ines that t.here exist substantial and com-
' • . ael in reasons IIta in it more ap 'ro riate to do .
, . so . When eviatin rom t ese standar s 't e Council
' • shal provide wri.tten reasons which spe�ci y why the . �
penaity selected was mare appropriate .
COUNCII. IvIEMBERS ',
;cas hays Requested by Department of: •
Diaand Q .
�es In Favor �"
co���
Rettman ✓
s�b�;n�i Against BY ,
Sonnen
. Niiwn
Form Appr ved by Citv Attorney
'_oated by Council: Date '
�t:(�ed Passed by Council Secretar ' gY ' � �� � �A�� ���0��
Y
.'•; _
����•�d b� .'�layor: Date ' Approved by Dtayoc for Submissicn to Council
>y � BY
• . _ _. _ � ' 1
. • - � /�
-2- �-/���
b) Pres tive enalties for violations . Adverse
penalties or convictions or violations s a 1 be
presumed as follows :
TYPE OF VIOLATION' 1ST VIOLATION 2ND VIOLATION 3RD VZOLATION
1. Commis�sion of Revocation NA NA
a felony related
to the licensed .
activity. �
2 . Sale of Revocation NA NA
alcoholic
beverages while ,
license is under . �
suspension.
3 . Sale of 5 Consecutive Revoca�ion NA
�a�coholic Days Sus-
beverages to pension
uneer-age person.
4 . Sale of 5 Consecutive 15 Consecutive P�evocation
2lcoholi.c beverage Days Sus- Days Sus-
�o in�oxicated pension pension
� �person. � ,
� 5 . After hours 3 Consecutive •9 Consecutive Revocation -
sale or display Days Sus- Days Sus- �
c�f alcoholic pension pensio� �
beverages .
� 6 . Refusal to 5 Consecutive 15 Consecutive Revocation
allow City ' Days Sus- � Days Sus- '
inspectors or pension pension
police admission —
to inspect premises . _
- 7 . Illegal 3 Consecutive 9 Consecutive Revocation ' '
� � gasbling on Days Sus- Days Sus- � �•
- pre�ises . pension. pension
8. . Permit person 3 Consecutive 9 Consecutive Revocation �
to leave premises Days Sus- Days Sus-
with alcoholic pension pensio�
beverage .
�-,
. �
t c� =f-�-�'
- • . � � • d� I
� . . . �r�
. . ��-/�/3�
. . _3_
TYPE OF VIOLATION 1ST VIOLATION 2ND VIOLATION 3RD VIOLATION
9 . Failure to 15 Consecutive 45 Consecutive Revocation
make application Days Sus- Days Sus-
for license pension pension
renewal prior to
license expiration '
date.
10. � Violations of 5 Consecutive 15 Consecutive Revocation
City ordinances Days Sus- Days Sus-
• pertaining to pension pension
' fire or building
or health ccdes .
c) Computation of time . For the purpose of determining
the number of occurrences of violations , the council shall
consider a violation as a second occurrence i� it occurred
within 18 calendar months of the first violation; and shall
consider a violation as a third occurrence if it occurred
' �vithin 30 calendar months of the second violation.
d� Ex-ge��e--eeA=��e�s---��-e-�}eense-�e��e�-has-been
sekedt��e�-�e�-eA-ad�e�se-�iea���g;-eet��ie=�-�e�be�9-s�ia�?-xec .
��set�ss-�ke-��eexse-�a��e�-*�}�k-eeel�-e�keY-eK-���k-ar��-e� '
�he-gax��es-�fl�e��aed-�t�-�ke-�a��ex-t�n�es9-snek-��eenss�ea
' eeex�s-ex-��e-gxb��e-�eee��-�t�r}xg-�he-g�b?�e-kea��Ag9-e=
�ke-�a��eY-e�-dx�}Ag-�ke-eet�e��'s-tzxa�-�e�i�e3°8c�6A9-e� �
tke-�a�te�-
.� e3 d) Other penalties . Nothing in this section shall �
' � • 'restrict or limit the authority of the .ccuncil to suspend
up tA 60 days , revoke the license , a� impose a civil fine
not to exce.ed $2 , 000 , to �im ose conditions or take an other
� adverse action in accor ance wit aw, eY-Y}e a��eas-�� -
AeAeetag �eaee-�a�� -aa-egg �eab e-s�e�t��e;-�x�e-e�-e�d�rzaaee. —
_ �e�aC�Ag-�e-e�eeke��e-�e�re�ege9; provided that the license .
. .. holder has been afforded an opp�ortu'n�i_�t f�or a hearing in . •
the manner provided for in�ection 310-.O�f this Code . '
� .
�� u-l�-.S�
.ia r►. . . - . .
/ � . ... .... � Q
., . . . _ 4rdinc�nce "- o����« No._ ���-� '
'resented By � �
Referred To Committee: Date
Out of Committee By Date
�'� -��-3 �
' -4- .
� Section 2 .
This ordinance shall take effect and be in force thirty
days from and after its passage, approval and publication.
COUNCIL MEMBERS Requested by Department oE: -
1'ta;. Nays � � , - -
Dimond ' '
- ��s In Favor � ...
. Gos•iu
" Rrttman
s�nt;�� Against By
Sonnen '
"`� � APR 2 8 i98� Form App oved by ity Attorney
=.dopted by Council: Date �
:ertif;Pd Pa�s d-�b, ,Co�neil S t ► � By � � �—�'a�
�
By �1
/
:.:;,roved'by �tayor �� Date� P1'Z � ��� Approved by f�tayor for Submission to Cou�cil
i �
� �
�� `��- •.��--`- "v � �--� By
f�y . ..
�„�,�:�L� �,�aY 7 19�8_ -
� - —_. -- . . raav ��v. —u .. � i +
� � � � �, Ordina�nce _ �iaanceNO. � ss
. . .,
P��cea sy .
Referred To Committee: Date
Out of Committee By Date �
��-���35
An Ord;inance �mending Sectio� 310.05 of the
Saint Paul Legislative Code pertaining to �
. license procedures.
THE COUNCIL�OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section l .
That Section 310.05 (c) of the Saint Paul legislative Code is hereby
amended to read as follows:
(c) Where the cause for the adverse hearina is based �ur�on a .
violation of law and there is no dispute as to the facts under-
lyinq the violation, the hearing shail be heid by the eednt��;
Khfiep st�e�+ effard council 's committee desianated to hear
license matters. Otherwise the hearinq shall be conducted before
a hearing examiner appointed bv the councii for that purpose.
The applicant or the licensee shall oe provided an opportunity
to present evidence and argument as well as meet adverse testimony
or evidence by reasonable cross-examination and rebuttal evidence.
The eednrt� committee or hearinct examiner may in its dis-
cretion permit other interested pers�ns the opportunity to present
testimony or evidence or otherwise participate in such hearing.
' �
COUNCII.. MEMBERS
Y� N� Rcquested by Department of:
Dimond
' �� In Favor
- co��
x��
���;� Against BY
Sonocn
wilson
Adapted by Council: Date Form Ap oved by Cit tomey
CertiEied Passed by Council Secretary BY "' � �
By
Approved by Mayor Date Approved by Mayor for Submission to Council
By BY
,
: .,• . . . �, v<7 .�
. � • _, ' , CiC - �///��
. �T.ss9
. � Sect i on 2. � �y`��
That Section 310.05 of the Seint Paul Legislative Code is hereby
amended so as to add the following new Subsections thereto to be rnunbered
as 310.05 (c-1) and 310.05 (c-Z): .
(c-1 ) Procedure� hearina examiner. The hearina examiner shati hear
all evidence as mav be cresented on behalf of the citv and the aaait-
cant or licensee, and shall aresent to the �en+n+�ttee Council '
written findinas of fact and conciusions of law toaether with a
recortmendation for adverse action.
.
The een+n+tt�ee Council shall consider the evidence contained in
the record, the hearinq examiner's recommended findinas of fact and con-
clusions. and shall not consider anv factual testimonv not previousiv
submitted to and considered bv the hearin4 examiner. The eon+nrt��ee
. Council at a public hearina shall provide the applicant or licensee an
opportunitv to present oral or written ar4uments allevina error on the
part .of the examiner in the application of the law or interaretation of
the facts, and to present testimonv related to the recortmended adverse
action. Upon conclusion of the hearina, and after considerina the
record, the examiner's findinas and recortmendations toQether with
such additional arQUments and testimonv presented at the hearina.
�he eonn+ttter �ha�} �abmt� tt� fTndtng�; eene+d�teR� and re�emn+en�e-
��an� �e the fd�� �ednet�r
dpen reeetpt of �he eenr�+t�tee�e repert; �he Eednet� �hs�� p�i�ece
the n+e��e�- epen �t� regd�e�� meettng egende et Nhteh �tTe �he eodnct�
9he�� eort�tder �he �eeord of �he preeeed�ng� tne�adtng �he f�ndtRga; .
eene�daton� .end �eeen�+endettens sabmtt�ed by the �xan►�nef end �he
eon�ntt�eer Flrtt�en nettee of the n+ee�tng �he�� be prevtded �e the
epp�teent or �teen�ee.- � �he eodnef� �ha�� �n eceefdenee Mt'tF1 �BM •
the Council shail determine what, if anv, adverse action shall be
taken, which action shall be bv resolution. The Council mav acce�t,
re.iect, or modifv the recommendations of the hearina examiner or
. committee. -
(c-2� Ex-parte contacts. If a license matter has been scheduled
for an adverse hearinq, councii members shall not discuss the
� license matter with each other or with anv of the parties or interested �
persons involved in the matter unless such discussion occurs on the
. public record durina the public hearinas of the matter or durina the
Counci ? 's final deliberations of the matter. '
. Z
�wt t�r�row- ---- va s i vi' Vt111r 1 1 t1U L dQ ,� // '
. ;,� . , File N 0.
.. . ' • • t
�Ordindnce � - o�inance N O. �����
Presented By �
Referred To Committee: Date
Out of Committee By Date
� ��-����
Section 3. �
This ordinance shaii take effect and be in force thirty days from and
after its passage, approval and publication.
COUNCILMFN • R•_quested by Department of:
Yeas ��� Nays �.
- ,xt.,_ ��_ In Favor
Rettms /
�Sch�ibd Against BY
Sonn�n
T..�. .--p�.D . �
w++�+. . %,
MAY 1 7 �A Form Appr d by City Atto ey
Adopted by Council: Date �
Certified P s e ou ci e . BY ���
By _
App ov� Mayor• Date � �-'^� z� Approved by Mayor for Submission to :ouncil
By BY
���p M AY 2 8198$ .
M
.a ' �—/s���
4 410.03 LEGLSLATNE CODE .
ages for death or injury caused by or re- paragraph that the limitations set forth in this
sulting from the violation of any provision paragraph shall in no manner be applicable to
of law relating to the business for which any hotel or motel.
such licensee has been granted a license, U on written etition si
and conditioned that such recovery may be P P gned on behalf of the
had from the surety on the bond.The amount �hool, church or synagogue located within three
recoverable shall be measured by the ac- hundred(300)feet of the proposed location of the
tual damages; provided, however, that in license, the council may by a five-sevenths vote
no case shall such surety be liable for any �gregard the provisions of this paragraph insofar
� amo►.uit in excess of the amount of the bond. � location adjacent to a school, church or syna-
gogue of a proposed license is concerned.
(e) Exception if compliance with other bonding �� public hearing; notices. No new on-sale or
requirements. For those applicants also applying off-sale license shall be issued until the council
for or already having an on-sale wine license pur- ahall have first held a public hearing on the ap-
suant to Section 409.15,compliance with the bond- plication. The not�cation requirements applica-
� ing requirements of Section 409.06(j)satisfies the ble to transfers or change in licensed areas in
bonding requirements of paragraph (d) of this �ction 410.07 shall be appticable in the issuance
section.
of new licenses.
(fl Investi.gation. The applicant shall permit rep-
resentatives of the division of public health, de- (i) Unlazvful use of wea�pons ff during any twelve-
partment of police and department of fire and month period there are reported two (2) or more
safety services to inspect and examine the place incidents involving unlawful use or handling of
of business described in the application, together �uearms,assault weapons or knives,as defined in
' with all the appliances and instruments used or ��ion 225.01, on any licensed on-sale premises,
to be used in the transaction of the business for a Public hearing shall be conducted by the coun- ��
which the license is sought, and any refusal ,on cil. Any adverse action may be considered by the
the part of such applicant to permit such inspec- council pursuant to the hearing provisions of Sec-
tion shall be deemed as sufficient ground upon tion 310.05. .
which the council shall refuse to issue the license (Code 1956, §§ 310.02(a), (c�(e), 310.04, 310.18;
applied for. Ord.No..16848,11-12-81;Ord.No. 17174, 10-23-84;
Ord. No. 17248, § 1, 6-6-85; Ord. No. 17290, § 1, �
(g) License near school or church No license for 9-10-85) �
on-sale nonintoxicating malt liquors s�iall be is- Editor's note—Ordinance No.17290,§1,adopted Sept.10,
sued for any premises located within t:hree hun- 19s5, ameaded 4 410.03 by ad3ing a r.2w paragraph(�). In-
drecl(300)feet from any public or parocrial school, �much as Ord. No. 17248, adepted June 6, 1985, alrea�y
church Or S 8 O e 88�i(� thY'ee hundred (300) enacted provisions herein cod�ed as paragraph(h),the provi-
� g• � ' sions of Ord. No. 17290 have been redesignated as a new
feet being calculated and computed as the (IiS- p�agraph(i)at the editor's discretion.
tance measured from the property line of the prem- G�oss reference--Licensing rayuirements for establishmenta
� iaes or building proposed as the lceation for the selling intoxicat:ng liquors,§4os.es. • .
noaintoxicating malt liquor license to the prop- ,
erty,line of any school, church or synagogue in �c. 410.04. R.egulations. �
the area for which the license is sought. (s) Minors. No nonintoxicating malt liquors shall �
All licenses in force and effect on November 10, be sold or fursished for any purpose whatever to
1962, the location of which license is in conflict �Y person under twenty-one (21) years of age.
with the provisions hereof may be renewed, trans- �'oof of age for purchasing or consuming nonin-
fened or otherwise dealt with in accordance with �xicating malt liquor beverages may be estab-
law, it being the intent of this paragraph to be lished only by a valid driver's license or Minne-
applied prospectively for.proposed locations of li- ��identification card,or in the case of a foreign
censes, and further it being the intent of this Aational by a valid passport. A person who was
3nPP-No.l ' - �._.
' 2194
. � S
- . ��/s�.��'
� � LICENSES �410.04 -
C
born on or before September 1, 1967, may con- obtain music therefroin between said hours of 9:00
tinue to purchase and consume alcoholic'bever- p.m. and 9:00 a.m.; provided further, that the
ages and ehall be treated for purposes of this tone of such radio is modulated so as not to annoy
Legislative Code as a person who is twenty-one the occupants of nearby premises. The failure of
(21)years old. any on-sale licensee using a radio between said
(b) Intoxicating liquor prohibited It shall be hours to keep the same from becoming a nuisance
unlawful for any person duly licensed to sell non- to occupants of nearby premises shall be deemed
' intoxicating malt liquor,but not duly licensed to $�cient cause, in the discretion of the council,
sell intoxicating liquor, or for any of his agents, �revoke his license to sell such nonintoxicating
servants or employees,to keep,store,possess,have malt liquor.
under his control, sell or permit any person to (fl Sales on days of parades. When a licenaee is
keep, store or possess any intoxicating liquor upon notified by the police.department that a parade
said premises. will be held within one block of the licensee's
establishment, all nonintoxicating malt beverages
It shall be unlawful for such licensee,his agents, �d liquid of any type sold during the entire day
servants or employees to permit the consumption of said parade shall be sold only in plastic or
of intoxicating liquor upon said premises. paper containers. In addition, upon receiving such '
For t.he purposes of this chapter, "intoxicating notice, the licensee shall place a person at each
liquor" is hereby defined to mean and include entrance and each exit of the establishment at
ethyl alcohol and any distilled, fermented, spiri- least one hour prior to the time of paxade,and the
tuous, vinous or malt liquid of any kind potable licensee shall require a person to remain at those
as a beverage, which liquid contains an alcoholic locations until one hour after the parade to en-
content in excess of three and two-tenths (3.2) sure that patrons do not enter or exit with beer or
percent thereof by weight. intoxicating liquor.
(c) Sales prohibited; hours. No such nonintoxi- (g) Parking. There shall be provided in all zon-
cating malt liquors shall be sold either on-sale or ing districts, other than B-4 or B-5 Districts, off-
off-sale between the hours of 1:00 a.m. and 8:00 street parking spaces for all on-sale premises as
. a.m. on any weekday, Monday through Saturday provided herein:
inclusive, nor between the hours of 1:00 a.m. and �1) �ansfer or new issuance to a structure
� 12:00 noon on Sundays. No on-sale licensee shall
permit any such nonintoxicating malt liquors to �newly constructed for that purpose,off-street
� be consumed on its premises during the hours P�'king at the rate of one space for each
when the sale thereof is by this chapter prohibited. forty-five(45)square feet of patron area.
, (d) Dancing. TJancing. wherein the public par- �2) �Yansfer o: new issuance to an existing
� ticipates and dancing, singing and other vaude- ���'e not previously licensed for on-sale
ville exhibitions Qr entertainment are hereby at P�'Po�s during the twenty-four(24)months
all times prohibited on the premises of any off- Preceding the application, off-street park-
sale licensee;provided,however,that if such prem- ing at the rate of one space for each forty-
ises are duly ticensed for entertainment,such danc- �ve(45)square feet of licensed patron area
ing,exhibitions or entertainment may be permitted. ���?e number of off-street parking spaces
, which would be required for the previous•
- (e) Musi.c All music, by whatever means pro- use of the same area under the existing
. � vided, is hereby grohibited upon the premises of zoning code provisions. Existing parking
any on-sale licensee between the hours of 9:00 � spaces which previously served the same
p.m. of any one day and 9:00 a.m. of the following area shall not be counted to meet the re-
d�y, except where such premises are duly licensed quirements unless any aze in excess of what
for entertainment; provided, that an on-sale li- would have been required for the previous
_ censee is hereby permitted to operate a radio and use. No additional off-street paxking shall
: `
CSupp.No.l
2195
��'���� � =;
�
Gabes By The Park )
)
v. )
)
St. Paul City Council )
)
)
)
)
* * * * * * * * * * *
AFFIDAVIT OF SERVICE BY MAIL
STATE OF MINNESOTA )
) ss .
CQL'NT1' OF R�1SEY ?
Jennifer Pierce of the City of St. Paul, County of Ramsey,
State of Minnesota, being duly sworn, says that on the 27th day of
June , 19 88 , she served the following:
BRIEF OF LICENSEE
0''1= Philip �. Byrne, Assistant City Attorney
by mailing to h;,,, a copy thereof, enclosed in an envelope, postage
prepaid, and by depositing the same in the Post Office at St. Paul,
Minnesota to 638 City Hall - Courthouse, St. Paul, MN 55102
the last known address of said attorney.
�� �� �
Subscribed a�,}?d sworn to before
me this 1`!'i day of �-`-
19 _______
O"'`a , DIANE B. THOMPSON
NOTARY PUBLIC - MINNE30TA
WASHINGTON COUNTY
Zc v ` My opmmlesion expires 1-2491
NOTARY PUBLIC
��- i���
LAW OFFICES
� I�:LTRZMA.N, GRANT, 1�ZANA�iAN, BI,UTH & BART�F,R
A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ;
2.�0� Stevens Avenue South ��������„
Minneapolis, Minnesota 55�04
�s1�� sn-soo.� . J U L � �. �:�`��:
� �tsz�►r�v�
Marc G. Kurzman EA to
Carol Grant Jamte�s-H: '�ana�an
Linda M. O,�ala Joseph P. Bluth
James E. Moon �E�E�y�p Ann B. Barker
(507) 387-5661
JUL 2 71988
Jf�.�y i 2, 19 s s C1SY CLERK
George Beck
Office of Administrative Hearings
Fifth Floor, Flour Exchange Building
310 Fourth Avenue South
Minneapolis, MN 55415
Re; In the Matter of the Licenses of Gabe' s by the Park;
In the Matter of the Licenses of Pelham Market
Dear George:
Enclosed please find four copies of the Findings of Fact,
Conclusions, and Recommendation, and Memorandum in the
Gabe' s matter, and four copies of the Findings of Fact,
Conclusions, and Recomendation in the Pelham Market matter.
Sincerely,
������ ����
Carol Grant
Administrative Law Judge
CG/tw
enc.
• Attorneys admitted to practice in Florida, Minnesota and New York
��'-i��-�'
��� 9rATE QF NIII�J�A
.�,
OFFICE OF ADr�TISPRATIVE I�'ARINGS
��
� ' HFARIl� SUB�POII�
Tp Ms. Jody Hummel, Briggs & Morgan, W-2200 First National
Bank Building, St. Paul, Minnesota 55101
GR�TIl�IG�S:
YdIJ ARE I�RF.BY OCM�NDID to lay aside all your business ar�d excuses and to
apQear before �arol Grant. Administrative Law JudQe
of the Office of Administrative Nearings of the State of Minnesota at
Room 1345, Ramsey County Courthouse
in the City of St. Paul , , Rams ey County,
Minnesota, � tl�e 16th day of June , 19 88 j'
at 9:00 o'clock in the fore rioon, to ap�ear as a witness in
the matter of the Licenses of Gabe's By The Park
YOU ARE FUI��R dONY�IDID to bring and have� with you, to be used as
evidence in the Yiearing, if required, the following:
Pursuant to the authority granted in Minn. Stat. § 14.51, Witness, the
Honorable Duane R. Harves, Chief Administrative Law Judge, at Minneapolis,
Minnesota, thi s 9 th day of June , 19 8 8 .
DUANE R. I�►RVES
Chief Administrative Law Judge
612/341-7600
Ii�00061-01
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I�1S � � �: i E �i 1i��i....' 1
STATE OF MZN:�TESOTA )
County of Ramsey ) ss.
CITY OF Sl�IN? PAUL ) •
Albert B. Olson
I, . . . . . . . . . . . . . . . . . . . . . ... . . .City Clerk of the
� City of Saint Paul, uinnesota, do hereby certify that I have
compared the attached copy of Council File \o. . ��=681. .. .. .
as adopted by the City Council. . . . , , ,APri1 .28,. Y . . . . . . . , , , I9.88. . .
and �pproved by the *:ayor. . . . . . . . . , . ,Apri1 .29.. . . . . . . . . . . . l�.gg. . .
with the original thereof on file in my office.
I further certify that said copy is a true and correct copy
' of said original and the whole thereof.
� ' WIT\'ESS my hand and the seal of the City of Saint Paul,
Minnesota this . . , , ?3rd. . . . , . day of '.. . . . . .Ma�'. . . .. . ..A.D. 19.88 .
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' • • • . • • L":.����/:� . JC.i.�� . r':�i i� n�.� �� � • • � • • �•
City Clerk. ;�;
' +HAR♦ O�P�RT1rEMT VjTy OF SAINT Y4UL `'"u""` c�S'�7 G
� 6�.ua - .!��ow
��/Cit�y AttTly . File _ ._
�rdi��nce o�dln,n�� No. Amdt . �;�4
. � ` � ��
�resented By . • `5�:
ReEerred To Committee: Date
� Out of Committee By Date
An Ordinance amending Chapter 409 of the
Saint Paul Legislative Code pertaining
to 'Intoxicating Liquor; nroviding �
presumptive penalties for liquor
. "licensed establisr.aents .
THE COUNCIL OF THE CITY OF SAINT PAU'L DOES ORDAIN : -
� Section 1 .
� That Chapter 409 of the Saint Paul Legislative Coc�e is hereby
amended so as to add the following new provisions thereto : �
Sec. 489-�3- 409 . 26 . Intoxicating liquor; ad�e�se
PeaY:xgs; een��e��6A9�',��e18��62�i9; presumptive penalties .
a) Purpose. The purpose of this section is to
establi's�i a standard by which the, City Council
determines the length of license suspensions; and
revocations , ��nes-8x�dfeK-�l�e-g�ae_xg-e€-eex�=t�eas
�?ep.-ti�e-bxs�xess-��ee�se9; and shall apply to aIl �
or�-sale and off-sale licensed premises . T:�ese
' �enalties are resumed to be a ro riate�or ever •
� case , owever t e Counci may eviate t ere rom in
�n individual case where the Council iinds and
� e�ernines that there exist substantia and com- `
� - � . ellin reasons ma in it more a 'ro riate to o . �
, so . When eviatin rom t ese stan ar s 't e Council
. �' � shal provide �written reasons which spe�ci y why the •
penalty selected was more approprzate .
COUNCII. MEM�ERS -
:=_as Nays ' Requested by Department of: •
Dimond � • .
�og tn Favor
�oswi�
Rettman �,/
�b�;�i Against BY ,
$onneo .
' ��ilson
Form Appr ved by Cit Attorney
'o�ted by Council: Date �
- rtified Passed by Council Secretary � BY
� � �l � j'��k <f-�-�
:,.. �
�o�•ed by .`�layor. D3te Approved by htayor for Submission to Couneil
:;� ' $y
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b) Pres tive enalties for violations . Adverse
penalties or convictions or vio ations sha Z be
presumed as follows :
TYPE OF VZOLATION 1ST VIOLATION 2ND VIOLATION 3RD VIOLATION
�. Co�issiori of Revocation NA NA
a felony related .
to the licensed .
activity.
2. Sale of Revocation NA NA
' alcoholic
� beverages while ,
license is under .
suspension.
3 . Sale of 5 Consecutive Revocation - NA
�alcoholic Days Sus-
beverages to pension
' under-age person.
4 . Sale of 5 Cons,ecutive 15 Consecutive Revocation
zlcoholic beverage Days Sus- Days Sus-
to intoxicated pension pension '
person. � •
5 . After hours 3 Consecutive •9 Consecutive Revocation � -
sale or display Days Sus- Days Sus- ' _ �
. csf zlcoholic pension pension
beverages . .
6 . Refus,al to 5 Consecutive 15 Consecutive Revocation
allow City ' Days Sus- � Days Sus- �
� inspectors or pension pension -
police admission � _
to inspect premises . ' � _
� . 7 . Illegal 3 Consecutive 9 Consecutive Revocation ' '
� gaalbling on Days Sus- Days Sus- � �-
• premises . pension. pension
8 . Permit person 3 Consecutive 9 Consecutive Revocation �
to leave premises Days Sus- Days Sus-
with alcoholic pension pension
beverage.
�-,
t� =f-�-�S'
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-3-
TYPE OF VIOLATION 1ST VIOLATION 2ND VIOLATION 3RD VIOLATION
9 . Failure to 15 Consecutive 45 Consecutive Revocation
make application ' Days Sus- Days Sus-
for license pension pension
renewal prior to
license expiration
date.
10. Violations of 5 Consecutive 15 Consecutive Revocation
City ardinances Days Sus- Days Sus-
� pertaining to pension pension
� fire or building
or health codes .
c) Computation of time. For the purpose of determining
the number of occurrences of violations , the council shall
consider a violation as a second occurrence if it occurred
k�ithin 18 calendar months of the first violation; and shall
consider a violation as a third occurrence if it occurred
caithin 30 calendar months of the second violation.
d3 E::-ge��e--eea��ae�s---�€-a-�}eense-�e��e�-l�as-been
sel�ed�?e�-€e�-an-ad�e�9e-ke8�3�ig;-eenrie=�-�.e�be�s-9ha1�-ae� .
E�se�ss-�ke-��eense-�a��e�-H��k-eeek-etl�eY-e�-�a�tk-aAy-e€
� �t�e-ga���es-�x�ae��aed-�n-�l�e-�a��e�-xnress-st�e�-��9ets9s�en
' eeen�s-e�-�ke-gxb��e-=eee�d-�.r�r�Ag-�he-g�.���e-kea���gs-e-
� t�e-�a��eY-e�-dt���Ag-�ke-eetixe}?-=s-�=�e�-�e1=�ei8c�6A9-e=
. c�e-e�s2�`te�- •
e� d) Other penalties . Nothing in this section shall �
� : • restrict or limit the authority of the .cauncil to suspend
� up to � 60 days�, revoke the license , e� impose a civil fine .
not to exceed $2 , 000 , to 'im ose condir_ions or take an other
adverse action in accor ance wit aw, e�-Y36 a��e�s-e� .
aexee�p �eaee-�a�� -aa-egg �ea e-s�e�t��e;-��e-e�-e��3Ra8ee —
�ela��xg-�e-a�eeke��e-be�ae�ages; provided that the Iicense .
. .. holder has been afforded an o oztunit for a hearing in .
' . the manner provided for in Section . of this Code. '
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.. . . 0 rdin�dnce � o�d�nan�e N o._ ��6-�_____
'resented By
Referred To � Committee: Date
Out of Committee By Date
� -4- .
Section 2.
This ordinance shall take effect and be in force thirty
days from and after its passage, approval and publication.
COUNCIL MEMBERS Requested by Department of: -
r'Ca;. Nays � . - -
Dimond ' '
• t�+�g In Favor „ ..
Gos+iu
' Rrttm�n
�n�;�� Against BY
Scnnen � '
"� APR 2 � i98�
Form App oved by �ity Attorney
.dopted by Council: Date �
ert;f,?d Pas� ��b ;Council S t • � By � .1 f�—(o—��
py � � w1�
: ;;�•:ed b}� �y'or=�` D:.te Pt'2 � 1�� Approved l�y �fayor for Submission to Couneil
� , � �
p�.y��\ ` � �--�-- ��; �v) 1"'-,' BY
�„���:uc�t i,':��Y 7 1988
,� . _ _
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`-a
$409.07 LEGISLATIVE CODE
prnvided, that the licensed establishment (2) No liquor shall be sold or furnished for any
is in conformance with the Minnesota Clean purpose whatever to any person under
Indoor Air Act. twenty-one(21)years of age or to one obvi-
(2) It is unlawful for any:such establishment, o�ly intoxicated or to any person to whom
directly or indirectly,to sell or serve intoz- 8uch sale is prohibited by any law of this
icating liquors as provicled in subparagraph . state or ordinance. Proof of age for pur�has-
(1) above without liaving first obtained a �8 or consuming alcoholic beverages may
special license therefor.Such special license _. be �blished only by a valid driver s li-
may be issued by the council for a period of _ �� or Minnesota identification card, or
one year and for which the fee shall be two in the case of a foreign national by a valid
hundred dollars ($200.00). Applicatioa for p�°�• A person who was born on or be-
said special license shall be made to the fore September 1, 1967, may continue to
council in the same manner ae application P�hase and consume alcoholic beverages
for other licenses to sell intosicating liquor �d shall be treated for purposes of this
� are made. LeBisslative Code as a person who is twenty-
- one(21)years old.
(c) No oonsumption or display when-pnnhibited �3) No sale shall be made in any place or in �
No person shall consume or display or allow oon• p� of a building where such sales are
sumptioa or display of liquor upon the premises p��bited by state law or this chapter.
of an on-sale licensee at any time when the sale of
such liquor is not permitted. (4) No person under eighteen(18)years of age
(d) Private Christmas parties. Notwithstanding may be employed in a place where into$i-
any other provision of the Legislative Code, the �ting liquor is�old for consumption on the _,
license holder of premises having an on-sale li- premises,except persons under eighteen(18) :
years of age may be employed as musicians �
cense may once a year during the Christmas sea- or in bussing or washing dishes in a res- -
son have a private party at no charge to the guests ���t or hotel that is licensed to sell in-
after the 2awful closing hours; providPd, that a ���ting liquor and may be employed as
�►ritten request fo:said party is submitted to the waiters or waitresses at a restaurant,hotel
license inspector thirty (30)days prior to the pro- or motel where oniy wine is sold;provided,
� posed date of the party; and provided further, that�the person under the age of eighteen .
that no sales as defined by law of intofficating (18)may�not serve or sell any wine.
liquors or nonintoxicating malt liquor shall be -
made at or during said party.The inspector shall (5) Every licensee is hereby made responsible
notify the chief of police of the date of each pro- for the conduct of his place of business and
� • po�p�y, � � required to maintain order and sobriety in
(Code 1956, $ 308.20; Ord. No. 16815, 7-23-81; such place of business.
Ord..No. 17037,6-30-83; Ord.No. 17162,9-2?-84) �6) No licensee shall keep, possess or operate,
Sec. 409.08. Regulations generally. or permit the keeping,possession or opera-
tion of, on any licensed premises or in any
All licensees hereunder are hereby required to room adjoining the licensed premises any
' observe the following regulations;provided,how- slot machine, dice or any gambling device
. ever that any such regulation which spec�cally or apparatus, nor pernait any gambling
� �refers to an on-sale licensee shall not bind an .. therein(whether or not licensed by the state),
off-sale licensee, nor shall any regulation which nor permit the licensed prem:ses or any
spec�cally refers to an off-sale licensee bind an room in the same or in any adjoining build-
on-sale licensee: ing directly or indirectly under his control
(1) All sales shall be made in full view of the , t0 � � � a resort for prostitutes or
public. other disorderly persons, except that pull- �
,
Sapp.Na 1
2'1?8
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LICENSES 5 409.08
�, ' �
�..��'
tabs and tip-boards rnay be sold on licensed tions until one hour after the parade, to
premises when such activity is licensed by ensure that patrons do not enter or exit �
the state pursuant to Minnesota Statutes, with beer or into$icating liquor.
Chapter 349, and conducted pursuant to
regulations contained iri this Legislative (11) There shall be provided in all zoning dis-
Code. This exception shall not apply to es- tricts, other than B-4 or B-5 Districts, off-
tablishments licensed by the city for the street parking spaces for all on-sale prem-
sale of nonintosicating malt beverages,non- ises as provided herein:
intoxicatiag malt beverages and wine,and a. ��er or new issuance to a struc-
nonintoxicating malt beverages and wine �newly constructed for that purpose,
as menu items only. off-street parking at the rate of one
Notwithstanding other provisions of this space for each forty-five(45)square feet
Legislative Code to the contrary,the coun- of patron area.
cil may permit an on-sale licensee to per- b. Transfer or new issuance to.an exist-
' mit the holding of a single event,such as a ing structure not previously licensed
banquet, that includes the sale of raffle for on-sale purposes during the twenty-
tickets as a part of the event activity;pro- four (24) months preceding the appli-
vided, that such events are separate from cation,off-street parking at the rate of
the public areas of the licensed establish- one space for each forty-five(45)aquare
ment, nor open to the general public, and feet of licen�ed patron area minus the
the raf�le conducted by a charitable orga- number of off-street parking spaces
nization licensed by the State of Minnesota. which would be required for the previ-
(7) No dancing wherein the public participates, ous uae of the same area under the
� _ � and no da.ncin sin or other vaudeville • existing zoning code provisiona. Exist-
�,, g' �g ing parking which previously served
exhibitions or entertainment shall be per- the same area shall not be counted to
mitted on the premises of any on-sale li- meet the requirements unless any a.�e
censee unless such premises are duly licensed in excess of what would have been re-
for entertainment. quired for the previous use. No addi-
(8) The license issued to said licenaee shall be tional off-street parking shall be required �
posted in a conspicuous place in that por- if the number of additional spaces re-
tion of the premises for which the license quired is five(5)or fewer spaces.
has been issued. c. Esgansion of licensed area, off-street
(9) No person shall remain in or loiter in the P�'king at the same rate as transfer or
parking lot of an on-sale licensee after the new issuance to an egisting atructure
lawful closing hour. not previously licensed for on-sale pur-
poses, plus twenty-five (25) percent of
(10) When a licensee is not�ed by the police any parking shortfall for the ehisting
department that a parade will be held within licensed area. "Parldng shortfall" shall
one blo�k of the licensee's establishment, mean the difference between one space
all beer and all intogicating liquor or liq- for each forty-five (45) square feet of '
uid of any type aflld during the entire day patron floor area for the existing licensed
- of said parade shall be sold only in plastic ,area minus the number of parking spaces
or paper containers. In addition, upon re- • actually provided for that area.
ceiving such notice,the licensee shall place d. "Patron area" shall mean to include
a person at each entrance and each ezit of all areas used by the public, and eg-
the establishment at least one hour prior cludes all areas used exclusively by em-
to the time of parade,and the licensee shall ployees for work,storage or office space.
�� , require a person to remain at those loca-
l gupp.No.l
2179
�������
,�{;'� J U N 1 U 1��� ,
�'�iOV�� �
��}' .1.
STAT E O F M i N N ESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FIFTH FLOOR,FLOUR EXCHANGE BUILDING
310 FOURTH AVENUE SOUTH
MINNEAPOIIS,MINNESOTA 55415
(81�341-7800
June 9, 1988
Philip B. Byrne
Assistant City Attorney
647 City Hall
St. Paul, Minnesota 55102
Re: Subpoenas - Jody Hummel
Dear Mr. Byrne:
'i
As you requested, enclosed are subpoenas requiring the attendance of
Ms. Jody Hummel at the hearings reqarding Gabe's In The Park on June 16, 1988,
and the Pelham Market on June 24, 1988.
Yours very truly,
�`�/,� �.1/�'O �"��
�
CAROL GRANT
Administrative Law Judge
Telephone: 612/871-9004
sh
Enc.
AN EQUAL OPPORTUNITY EMPLOYER