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88-1601 WHITE - CITY CLERK PINK - FINANCE COUnC1I / GANARV - DEPARTMENT G I TY OF SA I NT PAU L �+ O/ BLUE - MAVOR Clle NO. � � /� �i� At�y'PBB . ouncil Resolution '� ��� � �� ��� . Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the off-sale intoxicating liquor and other licenses held by Rroadwa�� Liquor Store, Inc. , Lewis H. Johnson, President , for the premises at 1165 Hudson Road in Saint Paul are hereby susnended for a rer_iod of 4 consecutive days , commencing on the follo��in� date: october 2 , , This p.esolutzon and the action taken herein are based on the facts contained �_n t�ie attached police reports concerning August 4, 1988 (t�.e renort covering July 22 , 1988 is included to show manager-�ent attitude) , on the Notice of Hearing dated August 31 , 198�3 , and on ap�licable statutes and ordinances including Ordinance No. 17556 (Council File No. 87-681) setting out penalties for liquor license violations . Such facts as are contained in the said nolice reports are not contested by the licenseholder, as evidenced by the attached letter of Mr. John E. Daubney, attorney for the licenseholder. The action taken is also based on the facts , circumstances and arguments presented by and on behalf of the licenseholder. COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond Lo� [n Favor Goswit� Rett°�a° B s�he;be� _ Against Y �'�"- ��wu��td.� �'ruu�'.i� Qttw� Wilson O`'T { ,,, ��� Form Ap roved by City Attorney Adopted hy Council: Date • _ Certified Pass C u '1 Secre BY g 2�/� Y sy �-���.�— Appro by lVlavor: Dat _` �.�.T � S 1� Approved by Mayor for Submission to Council By �"�: �5�;: � 1��� �,.�J��V,�;.r.�.i'r'�''!`�'I,�'�'' L�_,P4s 5 F .:. ✓ � .. . . - . . �� .r. . �"R�� /.NC- "•N . .,d• ,•, T .�.. . . . - � � ._. _._. a .,,' ..`'+rT :' � . . . . l�'w,,. .!'".' .�� 16�"'l�t�S . .�.r� ' ' ... . . . . ..... ..._. ....'�. . � ' �� :. ' .. . •_: _ ;.,..� . . 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'b U ; N •--� • O a Sa � p > Q d .a 1J S+ U `�+ i,. ^ 41 tA N Cl :. .t: R1 ¢ � � �u'1 a �u � z Ur ( t� O b0 td R1 �L.'i U .; N E c0 -r+ }+ :;t� v � • ��O ,e, u f!� N C ►+ Gl Gl O � c0 ,� E w � N 4 v �� �, � W �+ >+ •� co E �+ a o �� ; co a� •�+ o r+ '.:,@ co � .1 a- a x � � � d �, ,_,: ,:; o .c ,� u� 0 3 0 000 • � < u �+ oo ,� .-+ �v i, �v t;a� s; �+ �+ cn � 3 �+ � � _ . � a a ". ii � �E �v° o � c�a � ."i����o w° b a ai w o�p °z �-+ � y v d' F W N LJ 00 N 3l0 � N • •rl N 00 G � W � 0 �cv � ° d � 9, c� � .a .� �C �C A • � � � _ U' � � � W� Q s � �0 t� 1-i F+ t� C1 a U :`'3�+ N H .�. W .�C � �' �. Q <�t 0 i ar o 2 � d ►+ � � i�+ :'� .� U U 3�+ v . , : a U 4 0 � � � �_3 . � a� N •r+ N p� '-'�..� .--i ?-� •,-� f-+ c0 • <ai vi v r � ':; 3 �o .� .� .G �� ;':N co N .0 �'` �' � N C ui e�i oi - ; ,,., .-a u u� H u "�+ t� .� 3 ��.v' G�. � •� �- F �`✓. �G��/6a/ LAW OFFICES JOHN E. DAUBNEY ATTORNEYS AND COUNSELORS AT LAW 700 AMHOIST TOWER FOURTH AND 5T. PETER STREETS JOHN E. DAUBNEY ST. PAUL� MINNESOTA 55102 (6121224-4345 JANET C. FESLER" "ALSO ADMITTED IN WISCONSIN September 19 , 1988 r.. . .t. ,� _ Mr. Philip Byrne S�� � � 19�8 Assistant City Attorney ,� CITY OF ST. PAUL __ ;._ 647 City Hall � , . { ��i _, � � � St. Paul, MN 55��2 RE: Johnson Brothers Liquor Our File No: 2249 Dear Mr. Byrne: Please be advised that the undersigned has been requested to appear by Mr. Lewis Johnson, President of Broadway Liquor Store Inc. , the Corporate Licensee for the business at 1165 Hudson Road, St. Paul, known as Johnson Brothers Liquor. A prior appearance has been made in this matter by Attorney William Mahlum, but Mr. Johnson has now requested that I assume responsibility for this file. After examining the police reports, I feel that there is no nec- essity for having a Hearing before an Administrative Law :Tudge who' s determination is as to whether or not a violation occurred. It would appear that a violation did occur. However, there are several extenuating circumstances which should justify the City Council im- posing a less than guideline suspension of 5 days. I would request that you cancel the Hearing before the Administrative Law Judge and set a date for a Hearing before the St. Paul City Council. At that time, I would present substantial evidence that would justify im- position of a less than 5 day license suspension. Very truly urs, E aub y Attorn y for Broadway Liq r Store, Inc. JED:kd , CC: ewis �ohnson William Mahlum, Atty. at Law . . �C(��v' . �.�,.. ��"i ���`,�o��e nu p'oe\.. p� �C�' v� '•� �� � . RECEIVED �.. -- - _ ��i�A��� SEP 26 1988 STATE OF M I N N ESOTA CITY CLERK OFFICE OF ADMINISTRATIVE HEARINGS FIFTH FLOOR,FLOUR EXCHANGE BUILDING 310 FOURTH AVENUE SOUTH MINNEAPOLIS,MINNESOTA 55415 (612)341•7600 September 23, 1988 St. Paul City Council Attn: Albert B. Olson City Clerk 386 City Hall St. Paul, Minnesota 55102 Re: In the Matter of the Liquor License of Johnson Bros. Liquor Store; OAH Docket Nos. CITY-89-018-RM and 62-2101-2707-6. Dear Mr. Olson: Pursuant to Mr. Byrne's letter of September 21, 1988, the hearing scheduled for September 29, 1988 in the above-entitled matter has been cancelled. I am closing our file in this matter and returning the official record to you. Sincerely, U � � � � Virginia R. Halling OAH Secretary AN EQUAL OPPORTUNITY EMPLOYER /6a/ J���,o. s-� � , . CITY F S�NT PAUL 3�e ;,� a; _� OFFICE OF 7HE CITY ATTORNEY iiii�i ii ii �= `%m „�' EDWARD P. STARR, CITY ATTORNEY `'r�ul„n°,,��''�� 647 City Nall, Saint Paul, Minnesota 55102 612-298-5121 GEORGE LATIMEit MAYOR September 21 , 1988 Richard A. Mosman, Esq . Administrative Law Judge 1040 First Bank Place We�t Minneapolis , MN. 55402 RE: Johnson Bros . Liquor Store Dear Mr. Mosman: This is to advise you that counsel for the licenseholder has waived the hearing in the above matter and will proceed directl_y to the City Council for action on his license. Accordingly, you may cancel the hearing now set for September 29 , 1988 , and close vour file. I am enclosing a copy of Mr. Daubney` s letter for your file . Very truly yours , - . � PHILIP . . BYRNE Assistant City Attorney Enc. ��o/ , - , ��J'�`" LAW OFF�CES JOHN E. DAUBNEY ATTORNEYS AND COUNSELORS AT LAW 700 AMHOIST TOWER FOURTH AND 5T. PETER STREETS JOHN E.�AUBNEY ST. PAUL, MINNESOTA 55102 16I21224-a3a5 JANET C.FESLER" •A150 ADMITTED IN WISCONSIN September 19, 1988 , "f _ ,? : ._.t<. ',.c,r �� , ._ Mr. Philip Byrne ��� � � 19$8 Assistant City Attorney N CITY Or ST. PAUL 647 City Hall 'r ��` _ �, �, �-!a St. Paul, MN 551C2 " � � RE: Johnson Brothers Liquor Our File No: 2249 Dear Mr. Byrne: Please be advised that the undersigned has been requested to appear by Mr. Lewis Johnson, President of Broadway Liquor Store Inc. , the Corporate Licensee for the business at 1165 Hudson Road, St. Paul, known as Johnson Brothers Liquor. A prior appearance has been made in this matter by Attorney William Mahlum, but Mr. Johnson has now requested that I assume responsibility for this file. After examining the police reports, I feel that there is no nec- essity for having a� Hearing before an Administrative Law �udge who' s determination is as to whether or not a violation occurred. It would appear that a violation did occur. However, there are several extenuating circumstances which should justify the City Council im- posing a less than guideline suspension of 5 days. I would request that you cancel the Hearing before the Administrative Law Judge and set a date for a Hearing before the St. Paul City Council. At that time, I would present substantial evidence that would justify im- position of a less than 5 day license suspension. Very truly urs, E aub y Attorn y for Broadway Liq r Store, Inc. JED:kd i CC: ewis �ohnson William Nahlum, Atty. at Law - , � c =TY.-� - o � S- R N� �,�-�'- .����'°���T��:�� � � CITY OF SAINT PAUL ;o`�,. _ ' (p a - �'� d � _ C��O� ._ � 3• � .�: OFFICE OF THE CITY ATTORNEY , ����������� ;= � 1°� �01' �.-` EDWARD P. STARR, CITY ATTORNEY ,. . '�a;��„�n°�m.��'` 647 City Nall, Saint Paul.Minnesota 55102 612-298-5121 GEORGE LATIMER ��I��� MAYOR SEP 1 ��:,,°. �I�WSTtiHrx�t August 31 , 1988 � �AF�IN(;c Mr . Lewis H. Johnson, Pres. NOTICE OF HEARING Broadway Liquor Store, Inc. 1165 Hudson Road St. Paul, Mn. 55106 RE: Johnson Bros. Liquor Store, 1165 Hudson Road Dear Mr. Johnson: This is to notify you that a hearing will be held concerning all the licenses held at the premises stated above at the following time, date and place: Date: September 29, 1988 Time: 9:00 a.m. Place: Fourth Floor Auditorium St. Paul Public Library 9fd W. 4th Street St. Paul , Mn. 55102 The judge will be an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: , Name: Richard A. Mosmqn, Esq. Attorney at Law 19140 First Bank Place West Minneapolis, Mn. 55402 Telephone: 339=1515 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises, and for , adverse action against such licenses , under Chapter 310 , including sections 310. Pl5 and 3141. 06 , of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non-intoxicating liquor , authority is also conveyed by section 340A.415 of the Minnesota Statutes. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as follows : /!o o! . • . �,�,7� On August 4, 1988, a clerk in the Johnson Bros. Liquor Store sold a twelve-pack of Stroh's Light beer to two minors in violation of section 4g9.418 (2) of the Saint Paul Legislative Code, and section 340.5P13, subd. 2, of Minn. Stat. 1986. 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 of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present , each of whom the City attorney may cross=examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses who have a substantial interest in the outcom e of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceec3ing. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to com pel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 14�lPl.700PJ. If you think that this matter can be resolved or settled without a form al hearing, please contact or have your attorney contact the undersigned. If a stipulation or agreem ent can be reached as to the facts , that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. /l�ol _ , /��' (, 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 hearinq, it may become public unless objection is made and relief requested under Minnesota Statutes, section 14.64l, 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 �ataq� .�r�eii Office of Administrative Hearings William M. Mahlum, Esq. Attorney for the Licensee �. , . ��/�Q � O -� � ����d � STATE OF MINNESOTA ) � ) s s. -�— � COUNTY OF RAMSEY ) I , LOUANN MARIE DAVIS, being first duly sworri upon oath, deposes and says that she resides at 1714 East Nebraska, St. Paul , Minnesota and that she has been employed as a Cashier at Johnson Brother� Liquor Store at 1165 Fiudson Road, St. Paul, Minnesota and has been employed since �une 1 , 1988; that she previously had been fi employed at Jerry' s Food as a Checkout and while so employed was rPquired to card for identification purchaser' s of 3. 2 F3eer and cigarettes; that Affiant was employed on the day of the sale of Beer to a minor that is a subject of these proceedings and that another ti'" . Cashier, Jane- "Downs and Dennis, one of the ManagPrs were also so employed; that while Dennis had gone to the rear of the store in an- other room to check the registers, two girls came in about 6 : 45 p.n. and one of them walked back to the bPer coolers and picked up a twelve pack of Stroh' s and then took it to Jane ' s register where the sale was made; That Affiant 'knows that Jane Downs was subject to substantial emotional distress at tiiis time because of a family emergency ; both she and Jane had frequently been advised by the Managers to check identifications of anyone who appeared to be under 25 years of age; That Affiant is working at Johnson Brothers while she is also studyi.ng to become a Paramedic, and in addition is raising six children ranging in ages from 3-14 years of age; That Affiant is well aware of the fact that minors use many dif- ferent tricks to obtain phony identification, including the obtai:�ing _1_ • ��. � ���/�e/ of false birth certifi.cates, which in turn are used to obtain D ' river' s Licenses which bear a picture identification s}iowi.ng that the possesor is over thP age of 21 years; thzt Affiant i� familar . with one in- st�rice where �a. perspn who had hi� Driver's License revoked for driving violations obtained a different license in a different persons name and continued driving. Dated:_ � � �p 1�88 . —� '���� LouAnn Marie D vis Subscribed and sworn to bef_ore me this �_ day of s�om�,o C� c-� o�r,� 19 A 8 . N ar ub ic � .. .���� � QAU�1V NCi��y F�g���_M�MNESOT �^MSEV CpUNJY 149y commiaHOn sxpire� Aua. 8, 1985� -2- O ,��� )2�� � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY . ). I , JACQUELINE LOPEZ, being first duly sworn upon oath, deposes and says that she resides at 684 East Hawthorne Avenue and that she is employed as a Clerk at Johnson Brothers Liquor Store 1165 Hudson Road, St. Paul, Minnesota; and has been so employed since August 3, 1987; That Affiant has been advised by her Managers to closely check card anyone who even remotely appears to be under the age of 21 years; That on weekends when the stores have their busiest sales time, the Managers assist in checking identification at the door, in addition to off-duty St. Paul Police Officers who are employed to assist in this regard; that Affiant is working as a Cashier while attending the National College for Travel and Airline. � Dated: 1988 , . � cq eline L z Subscribed and sworn to before me this �_ day of �r, 1988 . C>cf�(,�- tary bl ' =z"�,.�,..�.�� _ '���� E, p � , ►u�uc A r��or�.: � My yom . kAMSEY CO(�NTY � mi.raio.� axp�r�� - '4�A.•8, 19gg ����o� � �` r-� � ST ATE OF MINNESOTA ) � ) ss. , COUNTY OF RAMSEY ) I , DEBORAH SAGSTETTER, being first duly sworn upon oath, deposes and says that she resides at 2030 Wilson Avenue, Apartment #27 , St. Paul, Minnesota and is employed as a Cashier at Johnson Arathers Liquor Store, 1165 Hudson Road, St. Paul, Minnesota, and has been so employed since June, 1985; That when Affiant was first hired she was instructed by the store' s Manager�, Chris and Herb to card anj�one for idPntification who appeared under 25 years of age; that Affiant norm�lly works days and cards ahoixt 10-15 people per day and when customers are refused because of lack of identification, or improper identification, they frequently become abusive but this abuse has been substantially reduced since the store has hired off-duty St. Paul Police Officers who work in uniform and assist in carding customers for identificatinn. Dated: � (�. � , 1988 . � Deborah Sagste er Subscribed and sworn to before me this day of : . 1988 - .0� ic , JOHN E. DAUBN Moi�ir►ueuc—MIMNfSOT� RA,MSEY COUN7v My commleaion �xpir�� Aug. 8, 6989 ��/l�/ � � �y�� ��� / STATE OF MINNESOTA ) � � ) ss. COUNTY OF RAMSEY ) I , DENNI5 GOBELY, being first duly sworn upon oath, deposes and says that he resides at 1221 Euclid, St. Paul, Minnesota and he is employed as a Manager at Johnson Brothers Liquor Store at 1165 Hudson Road, St. Paul, Minnesota; and has been so employed by Johnson Brothers since 1976; That Affiant works different shifts, and when employed checks identifications on grospective purchasers in addition to supervising the Cashiers, checking registers, and stocking shelves and orderinq supplies; that on occasion when minors who had no identification, or forged identification have attempted to make purchases, 1lffiant has refused them entrance and when they become abusive has called the police to request assistance; that he personally has refused admission to as many as 25 prospective patroris a week,because of lack of adequate identification; that Affiant has confiscated false identifications on numer_ous occasions, some of which examples are being presented here today; That on the occasion of the sale to the minor which is a subject of these proceedings, Affiant had been employed on that shift but had previously gone to the backroom in the estab�ishment to check registers and prepare � deposits for the following day; �that the Police Report indicating that Affiant did not express great concern as to the sale of kegs of beer to minors is a result of a misunderstanding by the Policeman who made the investigation; that the deposa.t for kegs and tappers is greater than the value of the keg and tapper itself but -1- ��/�Ql �„- _ that for every such keg and tapper sold it is the practice of the store to issue a rec�ipt which is required to be presented when the keg and tapper are returned for credit and that otherwise Affiant does not identify the purchaser on the receipt because only the receipt is required to obtain a credit or refund; That Affiant has always made a practice during the couxse of his employment at Johnson Brothers not only to personally check identifications but to instruct all Cashiers, on a daily basis, to be very careful as to identification of any purchaser appearing to be under 25 years of age. � Dated: /'D��i � , 1988 . ^ : Dennis Gobley Subscribed and swor.n to before me this _� day of� S�ar, 1988 . C� c 'F o 6 �►r N ubl c �'� ,�� , . :��.�. . �' 4 n. tw!v .���s�r..,� . .. „ug . r . ,'�. e:-V�k -2- �.. � ���ai ��- ,� `�s� STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) I, CHRIS SIREK, being first duly sworn upon oath, deposes and says that he resides at 883 Watson Avenue, St. Paul, Minnesota, and he is employed as a 1�Ianager at Johnson Brothers Liquor Store at 1165 Hudson Road, St. Paul, Minnesota and has been so employed since 1979; that Affiant works staggered shifts and regards as one of his principle duties and responsibilites as checking of identifications as to prospective purchasers who might be under 21 years of age; that Affiant on several occasions has called the Police £or assist- ance when minors who had been refused service made physical threats upon Affiant; That on one occasion Affiant was informed that a girl at Harding High School in St. Paul was manufacturing phony birth certificates and selling them to other students who used them for the purposes of obtaining Driver' s Licenses or Minnesota I .D. Cards showing that the bearer was over 21 years of age; that Affiant not- ified the St. Paul Police Department of this practice but was told that nothing could be done unless he could personally produce evidence of this practice taking place, which Affiant was unable to do because the information he had obtained was second hand; that Affiant has collected numerous phony identification cards during the course of -1- �' ^ ��^n�aJi/(a/ l/ y his employment at Johnson Brothers and usually collects them in a drawer in the office and then after a period of time discards them. Dated: � � � , 1988 . �' �c%/Wl,�' Chris Sirek Subscribed and sworn to before me this �_ day of Se�p�er, 1988 . � c "o.d� Notary 'c -2- � - ��"��°/ �rf� ;Z�� / STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) I, LEWIS JOHNSON, being first duly sworn upon oath deposes and says that he is the President of Broadway Liquor Store, a Corporate entity holding the License for Johnson Brothers Liquor Store, 1165 Hudson Road, St. Paul, Minnesota and that this Liquor License has been in the Johnson family since Liquor Licenses were first authorized by State and Federal Law in the early 1930 ' s; that Affiant' s father, Paul Johnson, first located the License at 7th & Broadway, but when that location was taken by the Highway Department for freeway purposes the license was moved to what was then a family supermarket at 1165 Hudson Road, St. Paul, Minnesota and that when the supermarket was closed, the entire store was then converted to a "super liquor store" selling wine, beer, whiskeys and some food stuffs such as those used for part�y purposes; that Affiant has on many occasions directed his Managers and Cashiers, and counseled with them on numerous occasions to check any prospective customer who appeared to be under 25 years of age for I .D. purposes, and to accept only Minnesota Driver' s Licenses or a Minnesota Picture I .D. and also, as a result of recent Legislation, Passports as beinq acceptable; that other means of identification are not acceptable and prospective customers using them are refused; that Affiant has also instructed the employees at the Johnson Brothers Liquor Store not to even allow minors to enter the store to purchase soft drinks, potato chips or other non-alcoholic type of beverages but to tell them firmly that minors are not permitted in the store; -1- - • Q��/���/ That Affiant is personally aware of the fact that the former employee Jane Downs who made the sale that is the subject of these proceedings, was greatly concerned on the day in question over the medical condition of her father and that this may have well been the reason for her inattention to checking the identification of the young lady who made the purchase in question; that Affiant has been a life-long resident of St. Paul with the exception of a period of time when he operated a Hotel in Moorhead, Minnesota, which was licensed to sell liquor; that Affiant also holds the first liquor license issued by the City of Roseville for the Paul Bunyan Motel and Restaurant on North Snelling Avenue, and that this is the first occasion in which Affiant, or a business in .which he had a controlling interest, has been cited for sale of liquor to a minor; that on one occasion Affiant was cited for an alleged human rights violation because the liquor store at 1165 Hudson Road refused to sell to a minority person who had recently moved to Minnesota from Illinois and did not have any acceptable identification; the Complaintant was 25 years of age. � -. i Dated: � , 1988 . __ Le is n o Subscribed anc� sworn to before me this I� da , 1988 . oc f �R-y- No y u lic ,__ . ��� � �� ��:��°�?� 1�'o T,.�.i.yF�N£Y �1qTAl.Y ►UBLIC—MtNNESUT� �'� kA,^�ISEY Ct?UNTy k� � ?y�y ::ommisxic� aK�rirea Au� 8.19$4 1 _.___.,,.�..�._.-�r-.....-a...�.....`.,.P.---.��,_:_� -2- ����60� f � STATE OF MINNESOTA ) �(` � �,�a � ) ss. COUNTY OF RAMSEY ) I, LORI BLANCHARD, being first duly sworn upon oath deposes and says that she resides at 1211 Edgerton Street, St. Paul, Minnesota and she is employed as a Cashier at Johnson Brothers Liquor Store, 1165 Hudson Road, St. Paul, Minnesota, and has been so employed since November, 1987; That Managers Chris, Dennis, and Herb have all instructed Affiant to card anyone for identification that appears to be under 25 years of age; that Affiant customarily works evenings and will card about 20 people during an average work shift and refusing about 8 potential customers because of lack of identification; that the refusal of service has resulted in claims of prejudice by some potential minority customers and use of profanity by others; that on some occasions Affiant has seen the Managers call the St. Paul Police Department where under age buyers have produced phoney identification cards; that Affiant has been advised that the only acceptable identification is a Minnesota Driver' s License or a Minnesota Identification Card with a picture on it; that Affiant has also been informed that a passport is also legal identification under Minnesota Law, but Affiant has never had occasion in which any potential customer produced a passport for purchase of liquor; that the addition of off-duty St. Paul Policemen working in the store for purposes of checking I .D. ' s has. materially assisted in reducing the number of minors attempting to buy liquor as they do not enter the -1- � - o��,6Q� store when they see a uniform policeman working near the door. Dated: � , 1988 . . Blanc a � Subscribed� and sworn to before me this ay of , , 1988 . �G + �,�' No y Pu ic � .:, �� ��_��A �' �,?:� �P �",� V ��JTAtf►l�P,;iC—�P&*,fM"z;GZp. " , g"� 42.�MSfV �Q:J"dr� ;�,- �.��mitsion axc� es ::uc; I�ii�'; "2— lst d - ��d' 2nd ���. /J 3rd � ur� � Adopted - � /o-�7-�� ' - .: ; • � r Yeas Nays .._.�' DIMOND ��� - ���v�- GOSWITZ /��/� I.ONG = RF:'TTMAN SONNFN WILSON MR. PRESIDENT, SCHEIBEL WNITE — CITV CLERK . PINK — FINANCE GITY OF' SAINT PAiTL Council CAN.i►RY —DEPARTMENT BIUE ��bAVOR File NO. �/ D� • � O� in�nce Ordinance N 0. 1 Presented By f ' � Refer � Committee: Date Out of Committee By Date An Ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to colleges, universities, and seminaries. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That Section 60.532 of the Saint Paul Legislative Code be amended by adding new clause (g) to read as follows: (g) Colle es universities and seminaries, and other such institutions of hi her learnin , ub ic and rivate, offerin courses in eneral , technica , or re igious e ucation and not operate or profit, provided that: (i ) dormitories or other group student housing shall not be ' permitted within the district; (ii ) when an institution is established in the district, the institution shall be re uired to rovide the minimum number of o -street arkin s aces or em o ees, sta , or stu ents as set forth in Section 62.102 2 e . The institution shal e required to provide additiona park�in �s a�ces on w en the minimum number of arkin s aces wiT� av�to be increased ue to a more than 10% ain in the number of em o ees staff, or students. Thereafter, additiona arkin s aces wil have to e rovided for each subse uent ain o more than 10% in the num er o employees, staff, or students; an COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond �� In Favor Goswitz Rettman B �he;�i Against Y Sonnen Wilson Form Approved by City Attorney Adopted by Council: Date � � Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved May for ubmi ion to Counci . � By WHIYE - CITV CLERK . PINK - FINANCE GITY OF SAINT PAUL Council h -CANi.RV -DEPARTMENT /� BLIfE . -M/�VOR File NO. _/�D- ` • O r indnce Ordinance N 0. �7�0 l� Presented By Referred To Committee: Date Out of Committee By Date (iii ) to determine compliance with parking requirements in (ii ) above the institution must file an annual re ort with t�ie planning administrator stating the num er of employees, staff, and students associated with the institution. Section 2. ,$3� That existing clauses (g) , (h) , and (i ) of Section 60.3;s� of the Saint Paul Legislative Code be re-lettered (h) , (i ) , and (j). Section 3. This ordinance shall take effect and be in force thirty days from its passage and publication. COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond � �.Q �� r.-- In Favor Goswitz � Rettman Scheibel � Against By 6ee�q � .�ii�leaa. NOV � �' t�v� Form Appr City Attorpey Adopted by Council: Date •�/ J �, , Certified Pas Council S ar BY By Appr ve ayor. Date � �� Approv y M or mission to Council � By p!�r��+� . . ? 1988 � i����vi�� �-.�-��� , .di° 413777 , � 'P ' ' ' DE�eR�rrr SEP 16 � %��j/` COpTACT NAl�lE � ' PHOI�IE . DATE . ASSIGN N[TMBE� FOR ROIITING ORDE�: (See reverse side.) _ Department.Director � y'� Mayor (or Assistant) _ Finance and Management Services Director Clerk ,_ Budget Direct ��►Y ► IG.W T � City Attorn � � � TOTAL NUMBER OF SIGNATURE PAGES: ' (Clip s21 locations for signature.) � WHAT �1ILL BE ACHIEVED BY TARING ACTION ON TIiS ATTACHED MATERIALS? (Purpose/Rati � le) ""'[" f,.�. � �wc.a�� ' c�w�.s? E ' 1� ��.SZ.s�Q �.�. �,ti. �i � t �--� � � � r�.�..� . �"o t�,�,. � • . COST/BENEFIT. BUDGETARY. AND PERSONNEL IMPACTS ANTICIPATED: � 1"! RECEIVEp . SEP 1 � 1988 . �1AY I FINANCIN� SOORCB AND BUDGET ACTIVITY NUMBER C�HAkGED OR CREDITED: OR S OFFI�E (Mayor's signature not rsquired if under $10,000..) Total Amount of TransBCtion: Aetivity �Nwaber: � n Council Research Center Funding Source: r^, � S E P �2 ��$8 ATTACHMENTS: (List and number all attachments.) � ` � � • ADMII�IISTRATIVE PROCEDURES Yes �No Rules, Regulations, Procedures, or Budget Amendment required? _Yes _No If yes� are they or timetable attached? DEPARTI�IEIQT REVIEW CYTY ATTQRNEY. REVIEW _Yes � o Council resolution required2 Resalution required? es ,�,No _Y�.s No Insurance required? Insursnce sufficient� �Yes _No Yes No Insurance attached? N � � . °' v i p � \ ; 01 i � w � � 0 � � � V '� W O � U O � Z � ..O �,� p .,.� � �..) C � '� . W N � p,� � m ' � � o � � •r � � O � •e� LI .1-1 � �.� V N S-1 � C N GJ � N •rl a � � � � � N N O i � I � �Vf � � M � . .�.. H d' i � � O 1 J a _ � � J � N N Y F--= G�D� a E W N � N 1�ILi U O►-+ � O V Z V Z �,h � � � r�-+� ~J c� G�. C�VM '� i . , u�f\ .. l) , � [' ;/� Ur � 5 1 (J� U i� :; _. . �lJ . i�L�'� :..S�� Li�� �`�i3' ,'� ` � c��r. �ECv�;�;:_��� �;� /� �� r E� I 3 8 39 Q�3 �yU f. .''.1 ��� I... . . ..... .... ..r•, -i• ..� , , .-. , -, .__ �� . � - �!t�f�/� . �V O �^ �,�+' !� STATE OF MINNESOTA ) County of Ramsey ) ss. CITY OF SAINT PAUL ) Albert B. Olson I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .City Clerk of the City of Saint Paul, Minnesota, do hereby certify that I have compared the attached copy of Council File No. . 88,-1602. . . . . . . . . . . as adopted by the City Council. , , November. 3:. . . . . . . . . . . . . 19. 88. . . and approved by the Mayor. . . . . . , , November. 4:. . . . . . . . . . . . . 19.88. . . 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. WITNESS my hand and the seal of the City of Saint Paul, Minnesota this . . . . . . . 29th. . . day of . , , ,Januar�. . . . . , ,A.D. 1990. . � ' � , � 7, ` : . . . . .�-�!����?�: . . . . :. . :��:-��� . . . . . . . . . r City Clerk. ��:� `�..,.,,.,,�; .1 rn�� f j t� . ..,. �Y i .'. ��h 'F,. °��,�� ���ris�� 'd '��, �dyY �� �� � l: �`y �� s�yr4`" Oi��'Fpr v, , . ,. ; �,, � si�.� . -� ;:sY e �a r''�;► r r " n` � ��"!r.� . ° �^" ;. . , � o�; �' �, .� e ��r ''iT I�# i�":� ' r • y . � r T ;. ` \ J���,: '�.'"_'---�t,�„„",�.....�i••��' � \ +� l ,e�� �`. � �r rt�� �f / � �'+ ���/�0�����• w. ' �1 �y/ ��n./K � �#�{ ..C'xy'1�x'F� "� �5.. J..;. , / l.. , 5 � .: Y � — � r� .. . �..C��t,19 V\V.��1�~�1� ( � ^/`^ � /i-{ // . . . . . . . � . . . . l � ` •// . . ... . .. , . . ..