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88-1686 wHITE - Cirr CLERK COUIICII ` /� PINK - FINANCE GITY OF SAINT PAUL CANARV - DEPARTMENT ��/�/ BLUE - MAVOR F�Ie NO. �1 � - City Attny/PBB C uncil Resolution r � �� Presented By -`'�� Referred To Committee: Date Out of Committee By Date RESOLVED, that the off sale intoxicating liquor license owned by P�r. Mike J. Nallick dba The Caves formerly issued for the premises at 215 So . Wabasha Street, Saint Paul , and which is now inactive, is hereby renewed solely and only for the followin� purpose : 1 . The license may be transferred by Mr. Nallick' s widow, Mrs . Dora Nallick; and 2 . The application shall be made within forty-five �.ays from the dute Qf publication of this Resolution. If the application is not timely made, or the license is not transferred as ?ndicated, the license shall not be renewed and shall lapse . The findings and conclusions of the Administrative LaU� Judge are hereby adopted and incorporated in this Resolution as the written findings of the Council . The Council has de- narted from the recommendation of the Administrative La�� Judge in this case because the licenseholder, Mike J . Nallick, died on September 12 , 1988 , giving rise to a need to consider the policy implications of section 310 . 11(j) of the Saint Paul Le�islative Code and the desire to do equity and further the in- terests of fairness in responding to a difficult situation. FURTHER RESOLVI�� that a copy of this Resolution shall be sent by first class mail to the Administrative Law Judge and to the licenseholder. COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond Lo� [n Favor Goswitz Rettman �/ B �be1�� _ Against Y Sonnen Wilson pp �C,T �. n ��00 Form Approved by City Attorney Adopted by Council: Date . Certified Pa s d ouncil S gy / �Z By. Ap ro d y A+I vor: � r Approved by Mayor for Submission to Council $y — BY Ptl�i.lSHEB u L + !� � 1988 . r � . � ��i/�� CITY-88-039-PE 4-2101-2528-6 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY OF ST. PAUL, MINNESOTA In the Matter of the FINDINGS OF FACT, Renewal of the Caves CONCLUSIONS ANO Inactive On-Sale RECOMMENDATION Liquor License The above-entitled matter came on for hearing before Administrative law ' Judge Peter C. Erickson at 10:30 a.m. on Thursday, August 18, 1988, in Room 1503, City Hall Annex, 25 West Fourth Street, St. Paul, Minnesota. Jerome Segal , Assistant City Attorney, Room 647, St. Paul City Hall , St. Paul , Minnesota 55102, appeared on behalf of the City of St. Paul . Mike J. Nallick, the Licensee herein� 244 South Morgan Avenue, Minneapolis, Minnesota 55405, appeared and testified on his own behalf: Wayne Belisle, 196 South Mississippi River Boulevard, St. Paul , Minnesota 55105, appeared on behalf of himself and Library, Inc. , a teenage nightclub. The record on this matter closed on August 25, 1988, at which time the parties decided not to submit written argument. This Report is a recomnendation, not a final decision. The St. Paul City Council will make the final decision after a review of the record which may adopt, reject or modify the Findings of Fact, Conclusions, and Recomnendations contained herein. Pursuant to Minn. Stat. § 14.61 , the final decisian of the City Council shall not be made until this Report has been made available to the parties to the proceeding for at least ten days. An opportunity must be afforded to each party adversely affected by this Report to file exceptions and present argument to the City Council . Parties should contact Albert B. Olson, City Clerk, 386 City Hall , St. Paul , Minnesota 55102 to ascertain the procedure for filing exceptions or presenting argument. STATEMENT OF ISSUE The issue to be determined in this proceeding is whether the on-sale inactive liquor license issued to Mike Nallick should not be renewed due to his failure to restore the licensed business to full operation or transfer the license on or before January 31 , 1988. Based upon all of the proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1 . On March 26, 1987, the St. Paul City Council approved an application for an on-sale liquor license submitted by Joe-Art, Inc. at 215 South Wabasha Street in St. Paul. At that time, 215 South Wabasha Street was an inactive business address. The City Council specifically approved an inactive liquor . � . , , . �� /�� • license for that address. This license had been previously issued to an active business on West Seventh Street in St. Paul . 2. As part of the March 26� 1987 liquor license approval referenced above in Finding 1 , the City Council resolved that: This license shall not be renewed on inactive status after January 31 , 1988, and will be renewed only on condition that the licensed business is �restored to full operation or, in the alternative. the Licensee make application for and obtain approval for the transfer of this license prior to January 31 , 1988. The on-sale liquor license and the City Council resolution was mailed to Joe-Art, Inc. after approval of the application and passage of the resolution. 3. On June 17, 1987, the St. Paul City Council approved an application to transfer the on-sale liquor license of Joe-Art, Inc. to Mike Nallick at the same 215 South Wabasha Street address. As part of this approval , the City Council resolved that: This license shall not be renewed on an inactive status after January 31 , 1988 and will be renewed only on condition that the licensed business is restored to fu11 operation or, in the alternative, the Licensee make application for and obtain approval for the transfer of this license prior to January 31 , 1988. The license and City Council resolution was mailed to Mike Nallick at 244 South Morgan in Minneapolis. Mr. Nallick received this mailing and was aware that the City Council had placed conditions on the renewal of the liquor license. 4. Neither of the conditions set forth in the June 17, 1987 City Council . resolution were met by Mr. Nallick prior to January 31 , 1988. (The business located at 215 South Wabasha Street was not restored to full operation and Mr. Nallick had not obtained approval for the transfer of his license.) The City license inspector spoke to Mr. Nallick on several occasions prior to January 31 , 1988, at which time the conditions imposed on the liquor license were discussed. 5. Mr. Nallick submitted an application to the City to renew his i�active on-sale liquor license prior to January 31 , 1988. This application was submitted without the licensure fee. - 6. The liquor license at issue herein became inactive sometime in 1984. Mr. Nallick has paid yearly license fees in the amount of s3,500 per year to keep the license "actively" inactive. 7. Mr. Nallick did pay the "second half" license fee for his inactive license on July 28, 1988 with a check written for the amount of $1 ,725.25. This check was deposited by the City of St. Paul . 8. In 1986, the business property located at 215 South Wabasha Street was purchased by Wayne Belisle, d/b/a library, Inc., to be used as a teenage -2- - ��a�� nightclub. Part of the terms of this purchase included the transfer of Mr. Nallick's on-sale liquor license to Mr. Belisle. It was not until early January of 1988� however. that Mr. Belisle began to discuss the license transfer with the City of St. Paul . At that time, it was impossible to effectuate the license transfer before February 1 , 1988 because a six-week notice requirement mandated by ordinance. Mr. Belisle did file an application with the City to transfer Mr. Nallick's license to Library, Inc. in January of 1988. 9. In addition to the "Joe-Art" liquor license, Mr. Nallick also "owned" an off-sale liquor license which he acquired f rom his son who had operated the license at 215 South Wabasha Street as the "Caves' nightclub. When the Caves went out of business, Mr. Nallick obtained the liquor license because it was collateral for a loan which he had made to his son. Due to the fact that there were approximately $20,000 in tax liens against that license, Mr. Nallick allowed the license to be revoked after an action r+as comnenced by the State of Minnesota. At that time, the "Joe-Art" license had been transferred to Mr. Nallick so a license was available pursuant to the terms of the purchase agreement with Library, Inc. It had been agreed that if a liquor license was not available to Library� Inc. , the purchase price for the property would be reduced by ;25,000. Mr. Belisle, d/b/a Library, Inc., was not in a hurry to have the liquor license transferred because it was his intent to run the teenage nightclub as a non-alcohol business for several years before turning it into an on-sale liquor establishment. Over the past few years, Mr. Nallick has paid between $35,000 and 540,000 in liquor license fees for both of the on-sale lice�ses he "owned" for that period of time. , Mr. Nallick has never operated an active on-sale liquor establishment with either of the licenses. 10. Mr. Nallick was under the impression that only an application to transfer the license had to be filed before February 1 , 1988; not that the transfer had to be approved by the Council before that date. 11 . On June 27, 1988. a Notice of Hearing was sent to Mr. Nallick informing him that the City was taking action to revolce his inactive liquor license and that a hearing would be held to consider that action on August 18, 1988. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: ' CONCLUSIONS 1 . The Administrative Law Judge and the St. Paul City Council have jurisdiction in this matter pursuant to Minn. Stat. §§ 14.50 and 340A.404 and St. Paul Legislative Code chapters 310 and 409. The Notice of Hearing was proper and all substantive and procedural requirements of law or rule have � been complied with by the City. 2. Pursuant to Section 409.06(k)(2) of the St. Paul Legislative Code, no "inactive" liquor license can be renewed by the City unless the business has resumed full operation or a transfer of the license has been approved. The record in this matter shows clearly that neither of those conditions has been met herein. 3. Based on the Licensee's failure to comply with the requirements of Section 409.06(k)(2), the liquor license at issue herein should not be renewed. -3- ,� ,. .' ' . (/' . ��/6�� Based upon the foregoing Conclusions, and for the reasons set forth in the Memorandum below, the Administrative Law Judge makes the following: RECOMMENDATION The Judge respectfully recommends that the St. Paul City Council not renew Mr. Nallick's inactive on-sale liquor license. Dated this �day of September, 1988. P ER C. ERI KSON Administrative Law Judge Reported: Taped. NOTICE Pursuant to Minn. Stat. § 14.62, subd. 1 , the agency is required to serve its final decision upon each party and the Administrative Law Judge by first class mail . MEMORANDUM As stated above, the record in this matter is clear that Mr. Nallick was fully aware that conditions were placed on the renewal of his inactive liquor license. Although Mr. Nallick apparently misunderstood what those conditions were, it was his duty and responsibility to comply with the Legislative Code and the resolution issued by the City Council on June 17, 1987. These conditions were clearly set out in the notices received by Mr. Nallick. Both Mr. Nallick and Mr. Belisle delayed taking any action on the license until it was too late. Consequently, the license should not be renewed. P.C.E. -4- � ,��-1 ��-��j /D� // �,C.�� (��,c.��_�"/✓-�-�--� Q� 6DUNOq � , �' RECEIVED��I b� � � `��;�*�� SEP 1�1988 STATE O F 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 12, 1988 St. Paul City Council Attn: Albert B. Olson City Clerk 386 City Hall St. Paul, MN 55102 Re: In the Matter of the Renewal of the Caves Inactive On-Sale Liquor License; OAH Docket No. CITY-88-039-PE, 4-2101-2528-6 Dear Mr. Olson: Enclosed and served upon you by mail, please find the Findings of Fact, Conclusions and Recommendation in the above-entitled matter. I also enclose the official record, and I am closing our file in this matter. Your ery tr ly, � TER C. ERICKSON Administrative Law Judge Telephone: 612/341-7606 PCE:lr Enclosures cc: Jerome Segal Mike J. Nallick Wayne Belisle AN EQUAL OPPORTUNITY EMPLOYER . . O�� /, �i�� , , _ . �� - � -� RECE�VED � J ��.�� ':: ° � _ ' �_i �, $ ��) � �� 0 CT 0 41988 �� ( T��tn- o � � (� z . � CITY CL�RK �..{ , W ,�, . � � � � : � � G�j Q_� � � � _ � � �`^' .� � � < o , � z��- zszP�� p � y�� 3� - /�� - � . _ � � �1 y � �so ,.,} � �; n o , , � � # . � � � � ��z�f ~ ° o � ,. t'' . Z . ," _ � �� '� `^ �� J �l' � �9�d . i`, r'V, � � � a i � � , � � Y � � .� V`8i=� G� � � G�� aZ � � ,��, � ' � � � �yj� � �p � � '�y liZ� W�Z J ��'�s O � �'o O � C � � � D =ZCa7a M.�� iv V U O Z z z�� /--� . J�Z ( / �N � / �� O vi g lX f�0°a � /� / � i�l � w�-G �� %y�2�1�.,,�p �'� y�i — ,/1'f'li �., � . ) � O 7A i � -/=//__'�_ f I/�" '� i� ` �t� R�F �� ryV l ��GJ'� � ■�x � d � � ' � . � / �V d� �� v � � i o (��G��"`�� .�r� .�'��a�e � , a��' i'�;�?2l� ��C2�� z� � � ,� � �� ' ��° '�:ar� Gf�`��'�� ,i�a�� --.�` � �-�r+�-' �� I � �� , G�� I �-�! i � '� � i- � � . �� t /,�S- o�^-�� '� _ � � �� , , �� # � - �� --- ..�- . � � -�� , �' � , �� , � % Gv� �� ,�� ..c � ��'�� -�. � � �� Q- ��,�� L�� - � �%��`� 0 > ^ �flZ�� C�i��Y � �-o ��/' � `!�!'�/+�. � / / C�"(�/ � r ? + C�� Li�� G� °�� it%�"�- � �� . .�� G� ��u�.�� r � i'/'�/�7/b ' � ��"� `� -�� G�� ^/i��1� G�-e !�'�'7 e. �� 2� � �� ' ' G ' ► � 2��..�� z2' � ' z��G�� • � � �� !� ��i�vY �l�tJG��- , -� �� , �� . , - �� , „� -� . �� '� �� .�� v�� - � , � , �� 6 ��``� � , �� G°��v�- � � � ' . , , C 2 T �Y 0 F S A I N T P A U L LIC—ID: 23859-7 . L I C E N S E R E N E W A L N O T I C E INV—DT: 12/30/87 *** SUBMIT THE FEES FOR THE FOLLOWING LICENSES BEFORE THE PAYMENT DUE DATE.*** � YOU MAY BE PENALIZED UP TO 50 � OF YOUR LICENSE FEE FOR LATE PAYMENT. *** •�•-* PAY TOTAL AMOUNT SHOWN WITH CHECK MADE PAYABLE TO CITY OF SAINT PAUL. *** ( BOND AND/OR INSURANCE INFORMATION ATTACHED ) PAYMENT DUE DATE : O1/31/88 MIKE NALLICK MINNESOTA TAX ID # : N/A INACTIVE ' LICENSE EXP. DATE. : Ol/31/88 244 S MORGAN ST BOND EXP. DATE : INACTI MINNEAPOLIS, MN 55405 INSURANCE EXP. DATE : INACTI UNIT—COST #UNITS AMOUNT c.� --------- ------ --------- ?082 LIQ�QN 4�LE-100SEATS/LESS — C 3445.50 O1 :�� `'' l��-?• �7 S :_�,=''-�: "�' APPLICATION FEE : 2.50 �....;,::.. �= ' TOTAL : $-3�44-8�$9- :::_��;;.` ,:x.� �� 17�.�,�� .a�,:; c,,�, _.-'_'�,„ � GL� - c.o � � . ` I � Q' / C� C� LIC—ID: 2 — G�t � � � 3859 7 � ($15. 00 CHARGE FOR RETURNED CHECKS) (IF OUT OF BUSINESS, PLEASE INFORM U . ) � ------------------------------------------------------------------------------ RECEIVED .:_. ._ . - . _ : . .. _ _ ---- ----�- - -- ---=�--- , . . ^ y ^ , `-T /�� 9}(Q . ..ITa�•� .41tJAV:ix�a.TS�+3iwaaid.wxl %a13a'Ia�rTr�.ra�.4ax.•:•�••••�nra�z¢va:�.iumn.�,•• ___„ O�J 1 O�S-�vvtJ . . �, . . . - , -,--., -�-- �' . . . MIC�HAEi� NAL�I�K . , . , '.1� I�O Z 3 ,'� , C��Y.C�.�RK ' LIC. N-420-G03-429-962 ' , 244 S. MORGRN AVE. PH. 377 53T3 ', � . .' � MINN,EAQQLIS, MN .554Q5 � °L� �� `'" ��1-T000/2910 °�;�r��. . �TY C�F;ST. PAI��. ' . �� °v,r�-�,� i r ' _ .M � _ r. ..,��T� - � /�`'i � . ,�/�-�'�..�'� , � 1 INSURED CASH , / l � .��Ir��BANKING�AND SAV.INGS.F.A. 11(IANAGEMENT• : . 405 E Mun StreeE � Anoka`Mmneso[a 65303, . t . ' � �� `-� .. �.( ��-�.=� : � ��i��fll/0' s'��Cl ��+c� � . � . �: 29 1� 000;: .'r 'W0 380:0� l L 30 5n■ LQ'2� ��'OOOO i �'.�2�5 2�5��' � . _____ . _ � . . _ r�. , . . , � , . , � . n�.r,,''�„ ��: �)� +._.'? r {'r� �' � ;1�1 rt �.y y_, , _ .1 ::��-;�n. L; , „•-'�„ t r._.,7' � -.�. ., - �� . � � , _'`•^.^ .r �r — -.. �rY L- -} (�.1 � 'i i.��.. G�; �' � � ' . � . �� I� 1 � '�+11H'�t�Ib�vU�� -- � `-�=ti�- :, .. „� —- _ � '13 58NfAYS 9�N �'C- : 'EJ'3il NNVfl M�J�11d � � L� ,88,`�'�2 � � � '3 �� , �� ,� �, 4 1 � � C' %`�`''' ,� �" .t �y`3� �� '' �� i � . , ;rj'� ""'-.R'7,...C7.i'�i..,rl i — � � .�..,4_. . .. _..�-� . � ' , , ��a � BLAIR ARCADE LIMITED PARTNERSHIP Suite 100 , 366 Selby Avenue St. Paul, Minnesota 55102 (612) a�� ,�� -- � 6� '� � � RECEIVED July 22 , 1986 OCT 0 41988 CITY CLERK Michael Nallick Box 8 Anoka, MN 55303 RE: Liquor License Held in the Name of Jon-Art Corp. Dear Mike: Pursuant to our phone conversation of July 22, 1986 , I have enclosed with this letter the draft of a letter to Joseph Carchedi which needs to be executed on behalf of Jon-Art Corp. and submitted along with the application for transfer. Please have it executed at your earliest convenience and returned to me. This is the last item that we need prior to the formal submission of the application for transfer. Please feel free to contact me if you have any questions or comments concerning this. Thank you. Sincerely, John R. Rupp - JRR/cj ;L22 (16) Enclosure BABCOCK. I.00HER. NEII�JON & MANNELLA AT7'ORNEY9 AT LAW 118 EABT MAIN 97`REET � ANOKA, MINNFBCYrA 56303 TN:L.(812)421-6767 E1�MLJND P.BAIIC�OCK . LANnOL J.I.00HER � NnRTH7'UWN OFFTCE JAhiF�M.NEII.90N NORTIITOWN CF.NTEIt � F�I.IX A.MANNELI.A 117 NORT}lTOWN llRIVF: � ItOBE}tT F.MANNELLA RI.A7N�.MN.ISlYiGi4 WiLLIAM D.HCHUTTER TF,Is(618)786-0460 (IAR1'T.LwFLEUR THOMAB D.MOTPAZ RECEiVED RNOOKLYN PARK OFFI(`E ATEVEN 6.THOR60N ^y^}� VILLA(3E NORTH CENTER JOHN E.OLMON OCT O� �v�+S 7fi31 BROOKLYN BOULEVARD T}IOMAH A.KLINT AROOKI.YN PARK.MN.56443 ATEPHEN J.NAHH 6RFdlORY J.HELLINUS C�TY CLERK . TEI.:(812)5B6-7178 COLEEN J.CARIBTEDT-JOHNBON November 25, 1986 Michael Nallick 244 So. Morgan � Minneapolis, MN Re: Liquor License 'This is to confirm our conversation on November 25, 1986 pertaining to your appearance before the Ramsey County Municipal Court on December 1 , 1986, on the offense of Failure to Pay "On Sale Liquor License". I have advised you that if you want to retain a claim on the liquor license that is in the name of Jim George, Mike Golden and Peter Marcus, that you personally pay the liquor license fee that is due and owing. You should not rely on Wayne Belisle making the payment. �Cou have advised me that my office is not involved in any manner in making any Court appearance for you pertaining to this liquor license. Very truly yours, ��-C�� James M. Neilson JMN:nrl BABCOCK, LOCHER. NEILSON & MANNELLA pTTORNEY9 AT LAW 118 EA6T MAIN 6TREET ANOKA.MINNF.9(Yl`A 66303 (TEis(618)421•6161) NORTHTOWN OFFII%E � EDMUND P.BABCOI%K 1VORTIiTOWN CF,NTEIt LANDOL J.IACHER . ' 117 NORTIiTOWN URIVE JAMFB M.NEIIBON � BLAINE.MN.56�34 � FELIX A.MANNELLA � TF.Ir(912)788-0$60 ROBERT F.MANNELLA RECE'VED WILLIAM D.SCHUTTER 6ARY T.Lwr'LEUR �(tpOKLYN PARK Ob'FICE THOMAS D.MOTrAZ V(LLA6F.NORTH CENTF.R ... � . O�� O� 19a8 7881 AItOOKLYN HOULEVARD - JOFIN E.OLMON � B1tOOKLYN PARK.MN.66�4.9 THObiA3 A.KLINT ( TEL:(812)688-7118 6TEPHEN J.NASH Cr�� v��R� . � 6RE(30RY J.HELLIN66 � COLEN.N J.CARIATEDT-JOI-INBON � DEBORAH I..COTrON IiANDALL J.FULLER October 19, 1987 Michael Nallick Box 8 . Ano ka, MfV 55303 Re Liquor License � Our File No. 9883-NAL-003 Pursuant to our telephone conversation today, I have enclosed the following regarding the above: 1. Proposed Purchase Agreement; 2. Proposed Promissory Note. Please read through each of these documents to make sure that you understand them and that they are as you intend them to be. If you wish to discuss with me the meanings of any of the clauses contained in these documents, or if you wish any changes to be made, please contact me. I will not do anything further until I receive instructions from you. Very truly yoW�rs S J. Enclosures BABCOCK. LOCHER. NEIL�ON & MANNELLA ATTORNEYB AT LAW 118 EABT MAIN 6TREET ANOKA,MINNFS30TA 66303 (TELe(818)481-6161) � EDMUND P.BAB(70(.K NORTHTOWN OP'[�'IOE LANDOL J.IAOHER 1\ORTIITOWN CF.NTER JAMFY9 M.NEII�ON 117 NORTHTOWN DRIV� FELIX A.MANNELLA RECEIVEp B�INE.MN.6664� � ROBERT F.MANNELLA , T6.Iw(618)788-0860 WILLIAM D.6CHLiTTER � 6ARY T.LwN'LEUR OCT O THOMAB D.MdiTAZ � ,QQ� BROOKLYN PARK OFFICE ��V V ILLA6F.NORTH CENTER �� 7827 BROOKLYN HOULF:VARD � JOI-IN E.OLAfON C1TY CLERK DROOKLYN PARK,MN.664L3 TFIOMA3 A.KLINT . � TF:L:(O18)6BR-711A STEPHEN J.NABH . 6RE(iORY J.HELLIN66 � COLEEN J.CARI�TEDT-JOHN90N DEBORAH L.COTTON RANDALLJ.FULLER � Michael Nallick Box 8 Anoka, MN 55303 Re Liquor License Sale Our File No. 9883-NAL-003 � On October 19, 1987, I sent a letter to you with the proposed liquor license Purchase Agreement. I have not heard back from you since that time. Would you please advise me as to whether the Purchase Agreement is acceptable to you and what steps you have taken? Due to the "timing" problems that you have, I would like to know what� is happening on this matter so that I can be available if you need me to do any further work for you. Until I hear from you, I will not proceed any further on this file. Very truly yours �`�� 1 �'`�� , �-'Stephen J. a h SJN:kgp • � � � � � RECEIVED - � . . 0 CT 0 41988 . � CITY CLERK - recomes MINNESOTA DEPARTMENT OF HEALTH nanent S�etion oi Vit�l Ststisti�s record. e tYpP. LOC�L FI�E NUMBEN CERTIFICATE OF DEATH STATE FIIE NUMBER �perma• , OECEASED- N�r�E f in5• MIODLE �AST 7 SEX 7 DATE Oi OEATM Mo O�v •�� nk. MICHAEL JOHN NALLICK male September 12, 1988 •..ACE n�r.u. �e u.a•�0...r.o 4c uro.�Oe•o.v 5.DATE OP BIRTM r�no Dw ��•� 6 RACE ISo•u�r� t• COUNTV OF DEATM u.:e�.�ne�v� o��n. •v. o�.� ,��a. 73 Decembe� 19 1914 Caucasian Henne in 7�. LOCATION OF DEATM ICitr o.TewnM�ol 7c MOSVITAL OR OTMER INSTITUTION-r+•�..•n�no��nn�•.Giw Si.H� 7tl.II HoSD Or In51 Indicate DOA. 1n0 Numb�r) OPIEmer.Pm..Inpatient(Speulyl Minnea olis 244 Mor an Avenue South a.lIqTM►LACE ISi�u o.Fenco�Cou��v) 9.C�t�i�n o1 Whn Co�nav 10.Mv��d.N��r Muri�tl,W�CUwW. 11.S/OUSE.- NAME O�w•cw(SO•curl Minne ota USA married Dora S. Nallick � i2 w..o.c..wa•w.�n us •.m.a �7.SOCIAL SECURITV NUMBER ��• USUAL OCCUVATION IG�w k�nn o�.vo��eu. UE.KIND OF BUSINESS OA INOV57RV FOrC�f(SDKi/V YM Or NO) inp 1nOft OI wOlk�ny 1i1�.�wn�/r�t�rW) no 473-07-3831 owner/o erator acka in material mf . . 15�.RtS10lNCE-STATC 1+o COUNTV ISC CITV,VILLAGE OA 70WNSM1► lbtl.�ro�a�Coroe.��• �im�t��Swc•W Minnesota Henne in Minnea olis � "ES ❑"° 16� FATMER-NAME . 16D.81RT�+oLACE ISua o�Fo•��pn t7.ADDRESS OF DECEDENT SI��t��O Numb�� on O��c• Counavl V Ukraine 244 Mor an Avenue South 55405 1g� MOTMER-MAIDEN NAME 1Nb.B�ATHPLACE ISta�e o•Fo��9^ 19 INFONMANT- NAME Atltl•�� ¢ Covnvvl a k ine Dora Nallick 244 Mor an Ave. So. Minnea olis MNi 30 YART I-OEATM WAS CAUSED BV IEn��ontv om uuw oo��•IA1.Iel.na ICI� �F DIAGNOS�S DE F E RRED App�0um�2�IM�rwl p A IMMEOIATE CAVSE , C�K4 Bo• 9�1wNn OnNt I�E O��t� N+ ¢ Acute cerebrovascular event � LL Q B DUE TO.OR AS A W CONSEOUENCEOF j f � C. OUE TO,OR AS A Z L CO�lSE�UENCE OF N PART 11-OTMER SIGNIfICANT CONDITIONS 7�� AUTOPS� ?te ��w�,wo�r�ne�no+ce� Z � sa�c,�� ue•..e�n a• nmy c•uw o� O � ,�(YESQNO tl��tn �es I H < Z��.ACCIDENT,SUICIDE,HOMICIDE OA UNOETERMINE� 27b.OATE O� INJUNV Mo. D�Y �'�� I Nour 2It.INJUNY AT WONK SO��V��s o•No �a ` 1 V IF DEFERAED � � Chec� Bo. � � ]�o.�LACE OF INJURV Ut Mom�,f�rm,Sa��t,F�ctory,ON�c�Bltlp.Etc.l 27�.LOCATION StrNt o�RFD NumDw C�tY.Vdlsp�o�Towns�iP Ceumv Su�• � � U v J 721 MOW INJURV OCCURRED (Ent�.N�tun ol le�u.y in►�:�I or/�.t 11.It�m 20) u Q � V a :3..CfGtTIfICAT10N-►MYSICIAN Mo.D�r�� Mo O�v v��. ��o GERTIFICATION-�MEDICAI EkAMINER OF CORONER � W 1�ttended the tlece�sed Irom to and on tne Das�s o�tne eum�eation ot the bodV��dlor tbe�ovest�qat�o�.�o m�oD��on Oeath �` � Mo. O�y Y��r `/ I�ft s�w himiner ihve on .I Itl�d,dd notl v�ew�M balv+��er tlra�� occu�re0�•O_�M,on�he dstr snd due to tht uutef tuteA sbovt T�e decedent r Mo o,v v..r ` DeaU xcurred�� M�t the O�ace�nd t�me snd on t�t date ttsted above antl to „„�=p�o�ounced tleW o� •� M� (/� Ine best o1 mv knowledge due to tAe uuus su�ed. V 7�c ►MYSICIAN-S�GNATURE ��a�MEDIC EXAMINER OR CORONER -S�GNA7Upf , �� ?�� ►NVS�C�AN-NAME (TVD�o.Pnot) 7�1 MEO�CAI EXAMI F O�i GOAONEP•-NAME ITVV�o.i��n : GARRY F. PETERSON, M.D. , Medical Examiner �7p MAIUNG ADORE55 ��v��u�n.M�E�c�i E.�min�r or Co�omr . 7Jh DATE S�GNED � 730 South Seventh Street, Minneapolis, Minnesota 55415 Se�tember 20,��1988 � 74� 6URIAL,CREMATION,REMOVAI N� CEMETERVORCREMATORV NAM( N� LOC4�iON iCnv.v�n�p�o.Co.�ntvl ISnvl S°�`�� burial Cr stal Lake Cemeter Minnea olis, Minnesota 7�0 DATF Of BUA�A�.CAEMATION 7S• FUNERAL MOME - N.��e 7:•1� �UNt W4� NCIMt � Annr�at REMUVAL Mo ��Y �� Se tember 15 1988 Geart -Delmore Funeral Cha I, 3888 West Broadway, Robbinsdale, Minnesota � 76► D��E �4FO Pr IOCAI RFGISIRAA 76b IOCAL REGISTNAR S�p��• 2? RTICIAN OR FUNERAL IR C10R S�o^��• •r • • w S . �. �� -/�� STATE OF MINNESOTA) .� ) s s. .. COUNTY OF HENNEPIN) � � � � � � , AFFIDAVIT OF SERVICI LaVon Regan, being first duly sworn. 1 12th day of September , 1988, at ' � state aforementioned, she served the atta� � v �N 55y� � AND RECO.^�IMENDATION OF THE ADMINIST: �, �;��o--� _� '"�.r�._ � � ,t� wso � CiTY-88-039-PE, 4-2101-2528-6 °'b�,N��'� �� \ � � � � � � � �'�� by depositing in the United States mail z � � � C� �~ i and correct copy thereof, properly envel� � �.,�� and addressed to the individuals named o: � � � � y� � � � p , � � � � � � � a, � � �� Subscribed and sworn to before me this 12t�i day of September , 1988. o, � � � 4 �.�'i�r�� G - ��,��) � �, Notary Public ` � � tMMlJNnMMn_n��.Mh/�MMM.M.�/�MM• � � $k�'��A A. HAVEN V ��."'i NO�,:�r r�U�� .,-Mi�hESOTA � � tt�� kAM$cY �CU;�IY � 0 MY COAAAAISSION F.XPIRES AUGUST 21, 1990� V � x vwwv K \ N � � � � � � � _ _--- _ � Service List September 12, 1988 St. Paul City Council Attn: Albert B. Olson City Clerk 386 City Hall St. Paul , MN 55102 Jerome Segal Room 647 St. Paul City Hall St. Paul , MN 55102 Mike J. Nallick 244 South Morgan Avenue Minneapolis, MN 55405 Wayne Belisle 196 South Mississippi River Boulevard St. Paul , MN 55105 � ., � , ��-�� CITY-88-039-PE , 4-2101-2528-6 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY OF ST. PAUL, MINNESOTA In the Matter of the FINDINGS OF FACT, Renewal of the Caves CONCLUSIONS AND Inactive On-Sale RECOMMENDATION Liquor License The above-entitled matter came on for hearing before Administrative Law Judge Peter C. Erickson at 10:30 a.m. on Thursday, August 18, 1988, in Room 1503, City Hall Annex, 25 West Fourth Street, St. Paul , Minnesota. Jerome Segal , Assistant City Attorney, Room 647, St. Paul City Hall , St. Paul , Minnesota 55102, appeared on behalf of the City of St. Paul . Mike J. Nallick, the Licensee herein, 244 South Morgan Avenue, Minneapolis, Minnesota 55405, appeared and testified on his own behalf. Wayne Belisle, 196 South Mississippi River Boulevard, St. Paul , Minnesota 55105, appeared on behalf of himself and Library, Inc. , a teenage nightclub. The record on this matter closed on August 25, 1988, at which time the parties decided not to submit written argument. This Report is a recommendation, not a final decision. The St. Paul City Council will make the final decision after a review of the record which may adopt, reject or modify the Findings of Fact, Conclusions, and Reco�nendations contained herein. Pursuant to Minn. Stat. § 14.61 , the final decision of the City Council shall not be made until this Report has been made available to the parties to the proceeding for at least ten days. An opportunity must be afforded to each party adversely affected by this Report to file exceptions and present argument to the City Council . Parties should contact Albert B. Olson, City Clerk, 386 City Hall , St. Paul , Minnesota 55102 to ascertain the procedure for filing exceptions or presenting argument. STATEMENT OF ISSUE The issue to be determined in this proceeding is whether the on-sale inactive liquor license issued to Mike Nallick should not be renewed due to his failure to restore the licensed business to full operation or transfer the license on or before January 31 , 1988. Based upon all of the proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1 . On March 26, 1987, the St. Paul City Council approved an application for an on-sale liquor license submitted by Joe-Art, Inc. at 215 South Wabasha Street in St. Paul . At that time, 215 South Wabasha Street was an inactive business address. The City Council specifically approved an inactive liquor e license for that address. This license had been previously issued to an active business on West Seventh Street in St. Paul . 2. As part of the March 26, 1987 liquor license approval referenced above in Finding 1 , the City Council resolved that: This license shall not be renewed on inactive status after January 31 , 1988, and will be renewed only on condition that the licensed business is restored to full operation or, in the alternative, the licensee make application for and obtain approval for the transfer of this license prior to January 31 , 1988. The on-sale liquor license and the City Council resolution was mailed to Joe-Art, Inc. after approval of the application and passage of the resolution. 3. On June 17, 1987, the St. Paul City Council approved an application to transfer the on-sale liquor license of Joe-Art, Inc. to Mike Nallick at the same 215 South Wabasha Street address. As part of this approval , the City Council resolved that: This license shall not be renewed on an inactive status after January 31 , 1988 and will be renewed only on condition that the licensed business is restored to full operation or, in the alternative, the Licensee make application for and obtain approval for the transfer of this license prior to January 31 , 1988. The license and City Council resolution was mailed to Mike Nallick at 244 South Morgan in Minneapolis. Mr. Nallick received this mailing and was aware that the City Council had placed conditions on the renewal of the liquor license. 4. Neither of the conditions set forth in the June 17, 1987 City Council resolution were met by Mr. Nallick prior to January 31 , 1988. (The business located at 215 South Wabasha Street was not restored to full operation and Mr. Nallick had not obtained approval for the transfer of his license.) The City license inspector spoke to Mr. Nallick on several occasions prior to January 31 , 1988, at which time the conditions imposed on the liquor license were discussed. 5. Mr. Nallick submitted an application to the City to renew his inactive on-sale liquor license prior to January 31 , 1988. This application was submitted without the licensure fee. 6. The liquor license at issue herein became inactive sometime in 1984. Mr. Nallick has paid yearly license fees in the amount of $3,500 per year to keep the license "actively" inactive. 7. Mr. Nallick did pay the "second half" license fee for his inactive license on July 28, 1988 with a check written for the amount of $1 ,725.25. This check was deposited by the City of St. Paul . 8. In 1986, the business property located at 215 South Wabasha Street was purchased by Wayne Belisle, d/b/a Library, Inc. , to be used as a teenage -2- nightclub. Part of the terms of this purchase included the transfer of Mr. Nallick's on-sale liquor license to Mr. Belisle. It was not until early January of 1988, however, that Mr. Belisle began to discuss the license transfer with the City of St. Paul . At that time, it was impossible to effectuate the license transfer before February 1 , 1988 because a six-week notice requirement mandated by ordinance. Mr. Belisle did file an application with the City to transfer Mr. Nallick's license to Library, Inc. in January of 1988. 9. In addition to the "Joe-Art" liquor license, Mr. Nallick also "owned" an off-sale liquor license which he acquired from his son who had operated the license at 215 South Wabasha Street as the "Caves" nightclub. When the Caves went out of business, Mr. Nallick obtained the liquor license because it was collateral for a loan which he had made to his son. Due to the fact that there were approximately $20,000 in tax liens against that license, Mr. Nallick allowed the license to be revoked after an action was comrnenced by the State of Minnesota. At that time, the "Joe-Art" license had been transferred to Mr. Nallick so a license was available pursuant to the terms of the purchase agreement with Library, Inc. It had been agreed that if a liquor license was not available to Library, Inc. , the purchase price for the property would be reduced by $25,000. Mr. Belisle, d/b/a Library, Inc. , was not in a hurry to have the liquor license transferred because it was his intent to run the teenage nightclub as a non-alcohol business for several years before turning it into an on-sale liquor establishment. Over the past few years, Mr. Nallick has paid between $35,000 and $40,000 in liquor license fees for both of the on-sale licenses he "owned" for that period of time. Mr. Nallick has never operated an active on-sale liquor establishment with either of the licenses. 10. Mr. Nallick was under the impression that only an application to transfer the license had to be filed before February 1 , 1988; not that the transfer had to be approved by the Council before that date. 11 . On June 27, 1988, a Notice of Hearing was sent to Mr. Nallick informing him that the City was taking action to revoke his inactive liquor license and that a hearing would be held to consider that action on August 18, 1988. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS l . The Administrative Law Judge and the St. Paul City Council have jurisdiction in this matter pursuant to Minn. Stat. §§ 14.50 and 340A.404 and St. Paul Legislative Code chapters 310 and 409. The Notice of Hearing was proper and all substantive and procedural requirements of law or rule have been complied with by the City. 2. Pursuant to Section 409.06(k)(2) of the St. Paul Legislative Code, no "inactive" liquor license can be renewed by the City unless the business has resumed full operation or a transfer of the license has been approved. The record in this matter shows clearly that neither of those conditions has been met herein. 3. Based on the Licensee's failure to comply with the requirements of Section 409.06(k)(2) , the liquor license at issue herein should not be renewed. -3- . , .. Based upon the foregoing Conclusions, and for the reasons set forth in the Memorandum below� the Administrative Law Judge makes the following: RECOMMENDATION The Judge respectfully recornrnends that the St. Paul City Council not renew Mr. Nallick's inactive on-sale liquor license. Dated this �day of September, 1988. P ER C. ERI KSON Administrative Law Judge Reported: Taped. NOTICE Pursuant to Minn. Stat. § 14.62, subd. 1 , the agency is required to serve its final decision upon each party and the Administrative Law Judge by first class mail . MEMORANDUM As stated above, the record in this matter is clear that Mr. Nallick was fully aware that conditions were placed on the renewal of his inactive liquor license. Although Mr. Nallick apparently misunderstood what those conditions were, it was his duty and responsibility to comply with the Legislative Code and the resolution issued by the City Council on June 17, 1987. These conditions were clearly set out in the notices received by Mr. Nallick. Both Mr. Nallick and Mr. Belisle delayed taking any action on the license until it was too late. Consequently, the license should not be renewed. P.C.E. -4- � Room 203, City Hall ,�.6, �-3 I-g� Saint Paul, Minnesota 55102 APPLICATION FOR RENEWAL OF ON SALE INTOXICATING LIQUOR LICENSE PLEASE COMPLETE ALL ITEMS LISTED BELOW �, l. Appl icant/Company Name `�'��,, ,�� , t��y� ��,��> � � �_ ,��'?� v /..� � � �� ;' � .� _ � , , --�-.:_ � � lephone No. �. Business Name � ��; s� ,:, . � t�r �� , 3. Business Address j' STREET: -�--� � -- J�` �,:�,.' �Z 1•._�� ,� �� Number Name Dire on Type 4. Mail to Address STREET: �_Li --� — � ( ��{ ,� L Number Name� D ction Type �\_ _ � _ � 1 �-- �-�—Z.,� � r--- City State Zip Code� .- � 1 �; � ' 5. Name of Applicant "��`�r"��'�_ �' f,� `��' � Tele hone � �� --< '-� `-' � - � P �� ` `� ; i Individua�/Partner/Officer Area Code/Number 6. Applicant Address STREET:`:� !-� '� '- > �' �'� ,_-��,.��_�,� � `��1L- Number Name '� Direction Type �! :� _ 1��/�-� T��c'� City: State Zip �ode 7. Type of Business: Restaurant Club ��u��_ Hotel/Motel 8. Manager in Charge � �s� �� 9 �� First Name Middle Last Date of Birth 9. Manager Home Address STREET: � �,-r-�L� Number Name Direction Type �� t�'�� City State Zip Code �^ Te lephone �'� .''�1s`�.� Area Code Number Ori�. Date of Employment 10. Are any of the following taxes or charges for the licensed premises unpaid or delinquent? �k t� ,�.�.z, 2�_ -�' Real Estate Taxes Yes --N� .�( Personal Property Taxes Yes No ,,� Special Assessments Yes No �City Utiiity Bills Yes No 11 . If there have been any changes in interests in premises or finances, or contracts between applicant and any persons, corporation, partnerships, or any new loans since license was last issued, explain in detail: ��;,^-ti� , _�' � ` - 12. Liquor is served in the following areas (rooms) ��vL_� ,�;,��.;.,-� 13. Seating Capacity: 100 seats or less over 100 seats over 200 seats White copy - return to License & Permit Division ��, � � :� Pink copy - retain for your records - � r,��`'" " -�! � � ��''`-`'�'� G� � r ��►��"�.b Signature-of �Applicant �NMITE - CITY CLERK � �� " � PINK - FINANCE • VI1`Y OF SAINT �AUL Councii �7` � rn CANARV - DEGAfiTMENT t i BLUE - MAVOR � F31e �O. ' Council Resolution Presented By " Referred To Committee: Date Out of Committee By Date RESOLVED: : That Applicatioa (I.D.#23859) for the transfer of an Oer Sale Liquor Licensa (Inactive) by Mike Nallick at 215 Sauth Wabasha expiring January 31, 1988, be and the same is hereby transferred fros Joe-Art Inc. (Darlene Murphy, President) Kith the follo�►ing conditions: 1. There shall he no aperation �nder the suthority of the license in St. Paul without prior approval of the required band by Lhe License Inspec�or ar�d City Attorney and 2. There shall be no transfer of the Iicxnae Lo aay other location without prior approvai of tha City Co�mcil as required by liM �.-,� This license shall not be reaewed on an inictive status after ~ �— • Jaausry 31. 1988 and �+ill be reaeued only on condition thst the � _� Iicensed busincss is restored to full operatiio� ar in the slternaf�ve;�� tLe licensee aake sgplic�tion for and obtsin agpro�al for the trsa�fer,��.� of this license prior to January 31, 1988. _�.:;=:, --:� _�r.:..r --� _::� � O ' COUNCILMEN Requested by Department of: Yeas Nays Br°M' %�,; ��z ` [n Favor nMeasra scne�cei _ Against BY — 3�n TedesCo �I�,' 1 tiV�teon JUi�t 1 I 1�7 Form Approved by City Attorney Adopted by Council: Date Certified Passed;,by Council Secretary BY gy, ' jd.lY1�" ' - -`t-�•' -- Approved by 1+lavor: Date '��' Approved by Mayor for Submission to Council By _ By C i�`y 1G � r WNITE - CITV CLERK � ..� . . ' � . � � � . PiNK _ air.l.�NCE COUfICll „�, .� C�NARY - DEPIIRTMENT �J I TY OF SA I NT PA LT L FIlC NO. � --�/'+' BIUE -MAVOR Cou cil Resolution Presented By �� Referred To Committee: Date Out of Committee By Date RE50LYED: ?hat appltcatio� 16225 for an � Sale Liquar License. appiied for by Jce-Art Inc., at 215 S. �iabasha Street, be and the same is hereby approved, provided #hat �1j There sha11 be no operation under the authority of the tic�se at 2I� S. Waba�ha Street, St. Paul, witha�t prior appravai of the reguired bond by the License ias�ector and the City Attarney, and (2) That there shail be �o transfer of the 1ic�nse to any other locatton w9thout prio� approva� af the City Co�mciZ as requfred by tar. This licenee ahall not be reneved oa inactivs �tatna aftoc • Jannary 3I, 2988E and vill be renevQd only on conditfon that Lhe Iicenaed buainesa ie reatored to Lull apQratioa oc i� the alternative the licenaee nake applicatioa foc aad obtain appcoval for ths traaaf�r of thia ].icenae prior to January 31, 1988. �-- I ' g�l '�w►„ �-�,l-`� � ;� 1(�fi , ��''``� �' ' - �;_ �`�' � ��,� �t 1 I S N ��.�� f !T COUNCILMEN � -'-�' Yeas p�� Nays Requested by Department of: _ � Nicosia j �� a ,;.. Rettman I(1 F7v0f � Scheibel so��e� J Against BY Tedesco Wilto� ; „�i1 Form Approved by City Attorney :.-. ; �- ,'�t� Adopted by Council: Date Certified Pa s�d by Council Se�ccetary By 'i � BS• � ).�.��..�..-` � � r � �V�i �i�� „�J Approved by Mayor for Submission to Council Approved by Ylavor. Date - � By By — ;T� .� �� b.'T- .�.,? /" �Y � �- /��,� §409.06 LEGISLATNE CODE regard to the sale and service of intoxicat- (1) That the licensee will obey the law relat- ing liquor, including, without limitation by ing to such licensed business. reason of this specification, all applicable regulations contained in Sections 409.08 �2) That the licensee will pay to the munici- and 409.09 of this chapter. pality, when due, all taxes, license fees, penalties and other charges provided by � (fl Zoning restrictions. No license shall be is- law. sued for premises located within an area wherein such use of the premises is prohibited by the zon- (3) That in the event of any violation of the ing code, nor within an area where such sales are provisions of any law relating to the busi- forbidden by the state law or any other ordinance ness for which the license has been granted of the city. for the sale of intoxicating liquor,such bond shall be forfeited to the City of Saint Paul. (g) �icense restrictions. No off-sale license shall be issued for any place where nonintoxicating (4) That the licensee will pay, to the extent of malt beverages shall be sold for consumption on the principal amount of such bond, any dam- the premises. ages for death or injury caused by or re- (h) Other required permi� No license granted sulting from the violation of any provision hereunder shall be effective until a permit shall , of law relating to the business for which be issued to such licensee by the United States if such licensee has been granted a license, any such permit is, in fact, required. and further conditioned that such recovery may be had also against the surety on his (i) State restrictions. No license shall be issued bond. to any person in connection with the premises of another to whom no license could be issued under The amount specified in any bond required is the provisions of the state liquor control act; pro- hereby declared to be a penalty and the amount vided, however, that this provision shall not pre- recoverable shall be measured by the actual dam- vent the granting of a license to a proper lessee ages; provided, however, that the surety thereon by reason of the fact that he shall lease premises shall not be liable for any amount in excess of the of a minor, noncitizen or a person who has been Penal amount of the bond.All such bonds shall be convicted of a crime other than a violation of this for the benefit of the obligee and of all persons chapter or the liquor control act. suffering damages by reason of the breach of con- ditions thereof. Such ponds shall run to the City (j) Bond No on-sale license shall be granted of Saint Paul as obligee, and in the event of for- until a bond in the amount of three thousand feiture of any such bond for violation of the law, dollars ($3,000.00) has been furnished, approved the District Courx of Ramsey County may forfeit and filed by and with the proper city officers. the penal sum of the said bond to the City of No off-sale license shall be granted until a bond Saint Paul. in the sum of one thousand dollars ($1,000.00) shall be furnished and approved by the state li- �� Renewals: quor control commissioner and the city council, (1) An on-sale license renewal may be denied and filed with the proper city officers. for any licensee who is delinquent in any The surety on such bond shall be a surety com- Payment or contribution to a health and pany duly licensed to do business in the State of Welfare trust or pension trust. Minnesota, and the bond shall be approved as to (2) If on or before the expiration date of the form by the city attorney. All bonds when ap- license the licensed business has discontinued proved by the proper city or state officers, as the its operation or closed for any reason, the case may be, shall be deposited with the director council shall renew said license only upon of the department of finance and management the condition that the licensee shall reopen services. All such bonds; whether off-sale or on- and restore the licensed business to full sale, shall be conditioned as follows: operation within the terms of the renewed 2176 CiT .�.�, � 6� 7' �Z 7 .. , -� LICENSES §409.07 license, or in the alternative, that the li- (m) Unlawful use of weapons. If during any censee shall make application for and ob- twelve-month period there are reported two(2)or tain passage, approval and publication of a more incidents involving unlawful use or handling resolution for the transfer of said license of firearms,assault weapons or knives,as defined within the term of the renewed license to in Section 225.01, on any licensed on-sale prem- another person. No license issued upon con- ises, a public hearing shall be conducted by the dition pursuant to this subsection shall be council.Any adverse action may be considered by further renewed unless one or the other of the council pursuant to the hearing provisions of the above conditions has been fully met; Section 310.05. provided, however, that the council may (Code 1956, §§ 308.03, 308.05, 308.07-308.11, reissue a license for a business which has 308.13, 308.15, 308.19, 308.28, 308.34; Ord. No. not been in full operation during the prior 17172, 10-23-84; Ord. No. 17173, 10-23-84; Ord. license year if the licensed premises were No. 17177, 10-23-84; Ord.No. 17229, § 1,4-18-85; acquired by eminent domain or under the Ord. No. 17247, § 1, 6-6-85; Ord. No. 17289, § 1, threat of eminent domain and the licensee 9-10-85; Ord. No. 17318, § 1, 12-24-85; Ord. No. has made a good faith attempt to relocate 17328, § 2, 1-23-86) the business to another location. G�oss reference—Licensing requirements for estabiishments selling nonintoxicating malt liquors, §410.03. (3) Any license which is not renewed pursuant to this paragraph (k) or for any other rea- �c. 409.07. Hours of sale; Sunday sales,etc. son lapses and may be reissued pursuant to Section 409.16. (a) Hours of sale. No sale of intoxicating liquor shall be made after 1:00 a.m.on Sunday nor until (1) License near church or schooL No license 8:00 a.m. on Monday. No on-sale shall be made shall be issued for any premises located within between the hours of 1:00 a.m. and 8:00 a.m. on three hundred(300)feet from any public or paro- any weekday. No off-sale shall be made before chial school, church or synagogue, said three hun- 8:00 a.m. or after 8:00 p.m. of any day except dred(300)feet being calculated and computed as off-sale shall be permitted on Friday and Satur- the distance measured from the property line of day until 10:00 p.m. No off-sale shall be made on the premises or building proposed as the location New Year's Day, January 1; Independence Day, for the liquor license to the property line of any July 4; Thanksgiving Day; or Christmas Day, De- school,church or synagogue in the area for which cember 25; but on the evenings preceding such the license is sought. days,if the sale of liquors is not otherwise prohib- Any licenses in force and effect on November ited on such evenings,off-sale may be made until 10, 1962, the location of which license is in con- 10:00 p.m., except that no off-sale shall be made flict with the provisions hereof, may be renewed, on December 24 after 8:00 p.m. transferred or otherwise dealt with in accordance (b) Sunday sales: with law, it being the intent of this paragraph that it be applied prospectively for proposed loca- (1) Notwithstanding the provisions of paragraph tions of licenses,and further it being the intent of (b), establishments to which on-sale licen- this paragraph that the limitations set forth in ses have been issued or hereafter may be this paragraph shall in no manner be applicable issued for the sale of intoxicating liquo.rs to any hotel or motel.Upon written petition signed Which are hotels or restaurants and which on behalf of the school, church or synagogue lo- have facilities for serving no fewer than cated within three hundred (300) feet of the pro- fifty (50) guests at one time may serve in- posed location of the license,the council may by a toxicating liquors between the hours of 10:00 five-sevenths vote disregard the provisions of this ' a.m. and 12:00 midnight on Sundays in paragraph insofar as location adjacent to a church, conjunction with the serving of food,but no school or synagogue of a proposed license is liquor shall be served on Sundays other concerned. than to persons who aze seated at tables; . Supp.No.l 217:.7 • _, '. �, `�`��r�`�� ` - CITY OF SAINT PAUL . ^��- d,T. ,,.,,. � .. . • _;� ♦''i. . , . .. '• '�'"{�', .�� OFFICE OF THE CITY ATTORNEY s O � y ';� 1111'(11�11 �� . ,_ . -1-1-_^� . EDWARD P. STARR, CITY ATTORNEY �`"��„z•;,;.��'' 647 City Nall, Saint Paul. Minnesota 55102 GEORGE LATIMER 612-298-5121 MAYOR June 27, 1988 Mr . Mike J. Nallick NOTICE OF HEARING 244 South Morgan Avenue Minneapolis , Mn . 554�5 RE: The Caves Inactive Licenses • . Dear Mr . Nallick : T�is is to. notify you that a hearing will be held concerning the licensed premises stated above at the following time, date and place : � Date : August 18 , 1988 � Time: 10: 601 a .m. Room 15013 , City Hall Annex 25 W. 4th Street, St. Paul , Mn. 551�2 The judge will be an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings : �..G:�';C. . .. . ,`.: �':� ...... � _ .....� . ' _ � : ....- .._ __..,.. .. ..:.. �_C. � _ . �. :_.' .. . .. . .. � - - -.: _ .. _ :. .. ! _ _ .. ._ _. _ :... . _ .. _ . .. ., 1:'i� r .: lki :G:::: _.. .,`�'S.'-T:u� .. _ �. :`i . Nl'lI7T�EG�Ul1S � �in. �541� , Telephone: 341=7607 • �ao� The Counc�il of the City of Saint Paul has the authorit�y to provide for hearings concerning licensed premises, and for action � against such licenses , under Chapter 310, ir_cluding sections. 310.05 and 316.06 , of the Saint Paul Legislative Code. In the � case of licenses for intoxicating and non-intoxicating liquor , authority is also conveyed by section 346A.415 of the Minnesota . Statutes . � � Evidence will be presented to the judge which may lead to adverse action against the license or licensehol�er as follows : � You have failed to restore the licensed business to full operation or to transfer the license before January 31 , 1988 , as required by Council File No. 87-884J and section 409.06 (k) (2) of the Saint Paul Legislative Code. A copy of � C i 1� �'�.�: b: �" -�/ .. /'. - t . said Council File is attached hereto. The Administrative Law Judge will be asked to recommend to the City Council that renewal,:of such license be denied . 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 requirem ents of sections 14.57 to 14.62 of the Minnesota Statutes , and such parts of the procedures under section 310.�5 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 inter2st in the outcene of the aroceedinc; for examrle, the ew�ers cr occu-,a;��s 'Cl� yV i v.'�_ c. ��v �V�..C ± ...,_ ..T. �_�..�_ _ _,. .. ...�.� _ _.. �. . . .i.C`1)._ .. .., _ C. .. C f..'r.f . _ . ... .,.. h_ ..... ;., ". _ �.t G � .. . �. , c . .« .. -� . �.... �. . ' ' ' ' l i C _ ..c, . _ .....,.. .. ��. __ r.: _ �.. _- _ _... .. - -• �--' — - . .. . . ...._ . , .. . _G_ E r. �'.�'C � ��=- .:c _. _ _ _. _ .. ._� .. ; _ � _. - . _ � . ... - . - _ :. _ . . . _. _.., . _ ��:` :!G G� '. �3 � ...r.' v.. �C .. ' ' '_ ._.. _ ..� C . �..�. ��i�� _ .. �. _ � � l._ �... .� v _ _ _ ':+�? Ci F Ls�, �n;: a sreci :ic reco;r,menaa��an fcr ac�ion Lo �e 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 1400.7PJ00. If you think that this matter can be resolved or settled without � a formal hearing, please contact or have your attorney contact ' � the undersigned. If a stipulation or agreem ent can be reached as • �to the facts , that stipulation will be presented to the Admiaistrative Law Judge for incorporation into his or her recomc�endation 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 public unless objection is made and relief 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 Peter Erickson ' Administrative Law Judge� . _ _ __ . . .�_.?� �--.-., ,..... - �_,..,,.. ., ., . . . �- . . . . ��-s� � City of Satnt Paul � � � . Department of Finance and Management Services , �� License and Pennit Division , - . .,- �. 203 City`Hall-". _,,,,�y� St.Paul,�Minnesota 55102-298-5056 ' �~'`"`"�. `"r'� � APPLICATION FOR LICENSE ,;'�'� �v CASH CHECK CIASS NO. New Renew - a � . � � � � . ` _ �-I `�,(,7 19 � I i Date I � (i, Code No. Title of Ucense From � � � 19��To � � .=Z l 19 � � � � � ` ` ,�,� � �-�, � r ,_� t� , 7 ��.a5` , , ' F-- 100 : � I � 1 �-t�� I\!C(, 4 l I �- P�. (11� �.,C; `.A� {al� �Ci.�S �.t'�` • APPIIwnGComPany Name 100 . � . � '1 �.�r.-�- .. � �C� ^ '.,�; � .,-z. - - 100 Bualnesa Name r� - � �i ��/ � � ; , A � 1 ,� �, S �. `� ��-^�'` r-,� Business Address Pho�e No. 100 100 Mail to Address PAone No. _ 100 �{(�'e, ►`i(.1_ ' � � �--f�.. ManapedOwner•Name -_� '� '� _-- .� / / �oo r �/i ; . . . - . � �4 d• l � or��u , � � �`r� _ • .. , .:.100 y�.;'� . ,AtanaqedGwner Home Address Phone No. 4098 Application Fee ! /�/� / Recelved the Sum of ' 2...100 . '. � I.S � � - t n �S Ll C7��. . �(C� �� °`"Ma�+�perl e�-C1ry.State 3 Zip Code 100 Total 100 . � ��Y�.� �, 1..� ,�' ',�,�.�::. License Inspector '�� BY� ` �� Signature ol Applicant Bond: . Company Name Policy No. Expiration Date ,: Insurance: `r., � �. Company Name Poilcy No. �— w J• ..__I Expiration Date Minnesota State Identification No. Social Security No. Vehicle Information: Serial Number Ptate Number Other. ., � -'"`�� THIS IS A RECEIPT FOR APPLICATION THIS IS NOT A LICENSE TO OPERATE.Your application(or license wilt either be granted or rejected subject to the provisions of the zoning ordlnance and completion of the inspec�ons by the Health, Fire,Zoniny andlor License Inspectors. w� � � � �� ,� ��^tix � $15.00 CHARGE FOR ALL RETURNED CHECKS �� (l <1,"�,( . . . ,�'f�) _ �� / �'y ��' 4 '�� n� °�, C � !� u � , �'' !� _. ,,� �„ � � c �y�� `' � ,,u.. (�" �� _,3 .� i�, �,� .L` `� ,1 _ ;`c. r C -C �,�s �- l a -�s 7 uZ -'� , �` � �;�7 ,�c�i�` b;�"� �' � , , , ' , � -t� ��;�� ,Application No. Oate Received ::� j � ,., � �(�� By � � _ � " 3.5'�,. ,�,. CITY OF ST. PAUL, MINNESOTA APPLICATION FOR ON SALE IPJTOXICATING LIQUOR LICcNSE � SUNDAY ON SALE INTOXICATING LIQUOR LICENSE . PRIVATE CLUB INTOXICATI�VG LIQUOR LICENSE OFF SALF INTOXICATING LIQUOR LICENSE ON SALE MALT BEVERAGE LICENSE ON SALE WINE LICENSE Directions: ihis form must be filled out with typewriter or by printing in ink by the soTe owner, by each partner, by each person who has interest in excess of 5� in the corporation and/or association in which the name of the lic�nse will be issued. THIS APPLICATION IS SUBJECT TO REVIEW BY 7HE PUBLIC 1. Application for ,(name of license) ��► s4-�C�K �` ��`"'�� "y �� y„��r �«�eKse , L n . O f� ,�1�.-� ��_ 2. �ocated at (address) � l s Sd4�� (�a-�t s�� S�re�.-� � 3. Name under which business wi11 be operated a �=� ��erw` `•n �� --- 3?�' - ��4 y �K� 4. True Plame �i� � �• � 1�� (� Phone �'Zl - 7�d o !`�) First Middle Maiden Last . 5. Date of Bi rtti � Z — �� — ��y P1 ace of Bi rth � , r.�� _� � � Month, Oay, Year o. Are you a citizen of the United States? �e-� � Native � Naturalized 7. Home Address � �/�f �5�: 1'd?r r�Q n �l �s 3yd.� Home Tel ephone 3 � '�' ��y 8. Including your present business/employment, what business/empToyment have you followed for the past five years? Business/Employment Address ��L' '(�i CA �.+ ��"o R�� GL�Z.1� // d �/4d l.e 1'C�' � /�Y /V W ^�d�a �J O� �a O � a X g' . 9. M�rried? �5 If answer is "yes", list the name and address of spouse. '� a �l � S'ct. /'h `= cZ ,S � � G� �a ✓� �a Y'� ,�� 1�� s � -o ro � 10. ;�ave •you ever been convicted of any felony, sr'fine or vioiation of any city ordinance ti ro � ' other than traffi c? 'tes _ �a �� \ N^ . y N Date of arrest I9,_ tdhere Charge Conviction Sentence Date of arrest 19 '�(here � Charge Conviction Sentence 1:. Retail 8eer Federal ►ax Stamp Retail Liquor FederaT Tax Stamp will be used. 12. Closest 3.2 Place Church School 13. Closest intoxicating liquor place. On Sale Off Sa1e i�. List the names and residences of three persons of Ramsey County of good moraT character, not relat�d to �he applicant or financially interested in the premises_ or business , wno �nay he referred to as ta tre applicant's character. Vame Qddress � �� [ . O �� at �/ t� °�.S a.1c' ' 3 J�' � / `. � r iT ( 1 1�° �F'�°.c�.DTr .. �b��. 6� c�v � r �-��. z � �s� o �-�. NC�- �S I5. Addres� of premises for whict� appl ication is made �/ � � �¢�fSr�� J7'r•°—e.'T Zone C1 ass i�i caz�on Phone � o n, � 16. 3etween what cross s�reets? �� v'�f, 'rJhich side of Streat I7. Are premises now occupied? � G S What Business? 4ow Long? � � � � ��x / '_3. !ist licens25 Nnic� you c:�rrently ho1d, or fo rnerly he1d, or may have an intarest in. � . � i9. !�!ave any oT �he lic�nses lis�ed by lou in No. 18 ever be� r�voked? Yes vo {� Ir answer is "yes" , l;s� the dates and reasons �. � � � . �{ r • � If business is incorporated, give date of incorporation 19 and attach copy of �,rticles of Incorporation and minutes or tirst meeting. � 21. List all officers� of the corporation, giving their names, office held, home address and home and business telephone numbers. 22. If business is partnership, list partner(s), address and telephone numbers. �Tame Address Phone 23. Is there anyone else who will have an interest in this business or premises? � 24. Are ou oin to o erate this business � %�4ct�� /�G�~s� , y g g p personally. If not, who will operate it? Name Home Address Fhone 25. Are you going to have a manager or assistant in this business? If answer is "yes", give name, home address, and home telephone number. Name Home Address Phone r�NY FALISFICATION OF e�.NSW'ERS GIVEN OR niATERIAL SLBMITTID WILL RESULT I*I DE:1IaI. OF THIS :'�PPLICaTION. I hereby state under oath that I have answered all of the above questions, and that the information contained therein is true and correct to the best of my knowledge and belief. I hereby state furthez uader oath that I have received no money or other consideration, directly, or indirectly, in connection with the transfer of this license, from any person by way of loan, gift, contribution or otherwise, other than already disclosed in the application wnich I have herewith submitted. State of :tinnesota) ' . . ) Z�_ Countq of Ramsey ) (Signature of applicant) Subscribed and swom to before me this � L�� day o f `'i�.�7 19 $C� ��N�.Vy�,�nnnnnnn a :;q, ,�?y;=???!:`1 L. �`�`P"�1$ R'.r"� . `,� v J1�14'.1. � r T ` /�� ( ��S��I(�r..�ry �i'JI{'.''I��'�� i�.��•ti�'lCJUl� , � �]L/�'viC>v �.Mi.Y.�:.^ :• -rynn`ItilY :1ota Public Ramse Count '�tinnesota �� ,"'� , G�'.::��•";:` '` �� a Y }I s + � •`T:.J.. f Y G�'.�'.c;.i•�,:sa,..ey.2, :�y Commission expire .,�,,� C ��,�,�,�,�,,,�,"„vv„,nr,tihlNYV'JW��' wHITE - C�7r CIERK . .. .�. .. - .� � . ! �� PrNK � � FINANCE � T COUISCII 9lUERY � MAYORTMENT . G'jTY OF SAINT PALTL File NO. ��7� � ♦ �. Council Resolution . , ; : . Presented By '� � '`�� r�'� � '� , Referred To � ' Committee: Date Out of Committee By Date ; RECEIVE� � . J U< � ��ss8 . r� &ESOLYED: : That Applicatioa (i.D.023859) for the �raasfer"of an OI��S�2a=Lfquo=° Licensa (Inactive) by Mike Nallicic at 215 South Wabasha e�cpiri,ng Januazy 31, 1988, be and thc sa�e is hereby transferrad fzo� Joe-Art Inc. (Darlene Murphy, President) xith the folloxing eanditions: 1. There shall be no operatioa Tmder the authority of the iicense in St. Paul without prior appraval of the required bond by the . Licensa Inspec0�r and City Attorney and Z. There shall be no transfer af the Iicense to any other locatioa without prior agpzovai of tha City Council as require3 by law �.-� � This licanse shali not be renex�d on an inactive status aftar —' �- January 31, 1988 and xill be renewed anly an condition that the �- �- Iicensed business is rsstvred to full operation or in the altemafive �, the Iicansee maice a�plication for and obtain approval for the traii�feL� of this license prior to January 3I, 1988. ='�+ -� _;� � __� > � � .. — o •' COUNCILI+[EN Requested by Department of: � Yeas Nays � � Brew ,�! rnarar,z �'''"- �' In Favor r�Measra J Sche�oel A gai n s t By �'0� TeOe�� JUN i 7 1981 w�t�on Form Approved by City Attorney Adopted by Council: Date ' �i • Certified P�ssed b Council-Secretary � By g�. � "`�t �� c•--��/`1' ' .. a ��'; ;�( A roved b Ma or for Submission to Council Approved by Vlavor. Date ' ��'�� L " PP Y Y sy By §409.06 LEGISLATNE CODE regard to the sale and service of intoxicat- (1) That the licensee will obey the law relat- ing liquor, including, without limitation by ing to such licensed business. reason of this specification, all applicable �2) That the licensee will pay to the munici- regulations contained in Sections 409.08 pality, when due, all taxes, license fees, and 409.09 of this chapter. penalties and other charges provided by (fl Zoning restrictions. No license shall be is- law. sued for premises located within an area wherein such use of the premises is prohibited by the zon- (3) That in the event of any violation of the ing code,nor within an area where such sales are provisions of any law relating to the busi- forbidden by the state law or any other ordinance ness for which the license has been granted of the city. for the sale of intoxicating liquor,such bond shall be forfeited to the City of Saint Paul. (g) •License restrictions. No of�sale license shall be issued for any place where nonintoxicating (4) That the licensee will pay, to the extent of malt beverages shall be sold for consumption on the principal amount of such bond, any dam- the premises. ages for death or injury caused by or re- sulting from the violation of any provision (h) Other required permit No license granted of law relating to the business for which hereunder shall be effective until a permit shall such licensee has been granted a license, be issued to such licensee by the United States if and further conditioned that such recovery any such permit is, in fact,required. may be had also against the surety on his (i) State restrictions. No license shall be issued bond. to any person in connection with the premises of another to whom no license could be issued under The amount specified in any bond required is the provisions of the state liquor control act; pro- hereby declared to be a penalty and the amount vided, however, that this provision shall not pre- recoverable shall be measured by the actual dam- vent the granting of a license to a proper lessee ages; provided, however, that the surety thereon by reason of the fact that he shall lease premises shall not be liable for any amount in excess of the of a minor, noncitizen or a person who has been Penal amount of the bond.All such bonds shall be convicted of a crime other than a violation of this for the benefit of the obligee and of all persons chapter or the liquor control act. suffering damages by reason of the breach of con- ditions thereof. Such�ionds shall run to the City (j) Bond No on-sale license shall be granted of Saint Paul as obligee, and in the event of for- until a bond in the amount of three thousand feiture of any such bond for violation of the law, dollars ($3,000.00) has been furnished, approved the District Court of Ramsey County may forfeit and filed by and with the proper city officers. the penal sum of the said bond to the City of No off-sale license shall be granted until a bond Saint Paul. in the sum of one thousand dollars ($1,000.00) (k) Renewals: shall be furnished and approved by the state li- quor control commissioner and the city council, (1) An on-sale license renewal may be denied and filed with the proper city o�cers. for any licensee who is delinquent in any The surety on such bond shall be a surety com- Payment or contribution to a health and pany duly licensed to do business in the State of �'elfare trust or pension trust. Minnesota, and the bond shall be approved as to (2) If on or before the expiration date of the form by the city attorney. All bonds when ap- license the licensed business has discontinued proved by the proper city or state off'icers, as the its operation or closed for any reason, the case may be, shall be deposited with the director council shall renew said license only upon of the department of finance and management the condition that the licensee shall reopen services. All such bonds; whether off-sale or on- and restore the licensed business to full sale, shall be conditioned as follows: operation within the terms of the renewed 2176 LICENSES §409.07 license, or in the alternative, that the li- (m) Unlawful use of weapons. If during any censee shall make application for and ob- twelve-month period there are reported two(2)or tain passage,approval and publication of a more incidents involving unlawful use or handling resolution for the transfer of said license of firearms,assault weapons or knives,as defined within the term of the renewed license to in Section 225.01, on any licensed on-sale prem- � another person. No license issued upon con- ises, a public hearing shall be conducted by the dition pursuant to this subsection shall be council.Any adverse action may be considered by further renewed unless one or the other of the council pursuant to the hearing provisions of the above conditions has been fully met; Section 310.05. provided, however, that the council may (Code 1956, §§ 308.03, 308.05, 308.07-308.11, reissue a license for a business which has 308.13, 308.15, 308.19, 30825, 308.34; Ord. No. not been in full operation during the prior 17172, 10-23-84; Ord. No. 17173, 10-23-84; Ord. license year if the licensed premises were No. 17177, 10-23-84; Ord.No. 17229, § 1,4-18-85; acquired by eminent domain or under the Ord. No. 17247, § 1, 6-6-85; Ord. No. 17289, § 1, threat of eminent domain and the licensee 9-10-85; Ord. No. 17318, § 1, 12-24-85; Ord. No. has made a good faith attempt to relocate 17328, § 2, 1-23-86) the business to another location. G�oss reference—Licensing requirements for establishments seliing nonintoxicating malt liquors, §410.03. (3) Any license which is not renewed pursuant . to this paragraph (k) or for any other rea- �c. 409.07. Hours of sale; Sunday sales,etc. son lapses and may be reissued pursuant to Section 409.16. (a) Hours of sale. No sale of intoxicating liquor shall be made after 1:00 a.m. on Sunday nor until Q) License near church or schooZ No license 8:00 a.m. on Monday. No on-sale shall be made shall be issued for any premises located within between the hours of 1:00 a.m. and 8:00 a.m. on three hundred(300)feet from any public or paro- any weekday. No off-sale shall be made before chial school, church or synagogue, said three hun- 8:00 a.m. or after 8:00 p.m. of any day except dred(300) feet being calculated and computed as off-sale shall be permitted on Friday and Satur- the distance measured from the property line of day until 10:00 p.m. No off-sale shall be made on the premises or building proposed as the location New Year's Day, January 1; Independence Day, for the liquor license to the property line of any July 4; Thanksgiving Day; or Christmas Day, De- school,church or synagogue in the area for which cember 25; but on the evenings preceding such the license is sought. days,if the sale of liquors is not otherwise prohib- Any licenses in force and effect on November ited on such evenings, off-sale may be made until 10, 1962, the location of which license is in con- 10:00 p.m., except that no off-sale shall be made flict with the provisions hereof, may be renewed, on December 24 after 8:00 p.m. transferred or otherwise dealt with in accordance (b) Sunday sales: �vith law, it being the intent of this paragraph that it be applied prospectively for proposed loca- (1) Notwithstanding the provisions of paragraph tions of licenses,and further it being the intent of (b), establishments to which on-sale licen- this paragraph that the limitations set forth in ses have been issued or hereafter may be this paragraph shall in no manner be applicable issued for the sale of intoxicating liquo.rs to any hotel or motel.Upon written petition signed which are hotels or restaurants and which on behalf of the school, church or synagogue lo- have facilities for serving no fewer than cated within three hundred (300) feet of the pro- fifty (50) guests at one time may serve in- posed location of the license,the council may by a �xicating liquors between the hours of 10:00 five-sevenths vote disregazd the provisions of this ' a.m. and 12:00 midnight on Sundays in paragraph insofar as location adjacent to a church, conjunction with the serving of food,but no school or synagogue of a proposed license is liquor shall be served on Sundays other concerned. than to persons who are seated at tables; Supp.No.1 2177 °��. CITY OF SAINT PAUL s-� �~0 '�� OFFICE OF 7HE CITY ATTORNEY �° �r. �r iiil�l ll li c: <;.m EDWARD P. STARR, CITY ATTORNEY '��'"r��°`mo�'` 647 City Hall, Saint Paul,Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR � �� `� ,�� July 6 , 1988 �Am��'� Mr. Peter Erickson Office of Administrative Hearings Fifth Floor, Flour Exchan�e Building 310 Fourth Avenue South Minneapolis , M!�. 55415 RE : In re The Caves Inactive License and In re Downtown Liquors Inactive License Dear Mr. Erickson: Enclosed are Council File Nos . 87-�80 and 87-383 relating to the above two cases , as well as two copies of section 409 . 06(k) (2) of the Saint Paul Legislative Code. These were inadvertently omitted from your copies of the Notices of Hearing in such cases when originally sent out . Very truly yours , . , �' PHILIP . RYRNE Assistant City Attorney Encs . cc : Mr. Milce J. Nallick Ms . Julia Zaine sy::W�:.. � � � . o3� - PE ��/�� . r: ��TT o,�; � � CITY OF SAINT PAUL . =,•` . .�:; �� '"" '�` OFFICE OF 7HE CITY ATTORNEY �� iiii� •'= 5�'�! � `-: -1-1- �� , I G I ..• �' EDWARD P. STARR, CITY ATTORNEY `•'� '� � 64i I aim Paul, Minnesota 55102 �:..� .�\ ��I��[1 612-298-5121 GEORGE LATIMER v MAYOR d�N 2� 19$8 A E June 27, 1988 Mr . Mike J. Nallick NOTICE OF HEARING 244 South Morgan Avenue Minneapolis , Mn. 55405 RE: The Caves Inactive Licenses • . Dear Mr . Nallick: This is to. notify you that a hearing will be held concernirg the licensed premises stated above at the following time, date and place : Date : August 18 , 1988 " Time: 10: 00 a .m. Room 1503 , City Hall Annex 25 W. 4th Street, St. Paul , Mn. 55102 The judge will be an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings : "�"a : *• . ._ _ .. _... '_''" _ .. .- - ': _ ,. �. . _ _ _ . _..c _ _ .�_:.. ._ _ �=.. '�:. .. .. . . .:: : . . _ .. _ �. - .�_ � .. '_� , _. :..�.. -- - - � ... . . _. _ r _ �b- _ � �... _�.. r: , �,. ..._ :7f�:..... Ns�nneap�iis , N.n. ��5 Telephone: 341=7607 The Counc�il of the City of Saint Paul has the authorit�y to provide for hearings concerning licensed premises, and for action � against such licenses , under Chapter 314l, including sections. 310.05 ar.d 310.06 , 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 . Evidence will be presented to the judge which m ay lead to adverse action against the license or licenseholder as follows : � You have failed to restore the licensed business to full operation or to transfer the license before January 3I , 1988 , as required by Council File No. 87 -880 and section 409.86 !k) (2) of the Saint Paul Legislative Coc�e. A copy of said Council File is attached hereto. The Administrative Law Judge will be asked to recom mend to the City Council that renewal; of such license be denied . 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 requirem ents of sections 14.57 to 14.62 of the Minnesota Statutes , and such parts of the procedures under section 3141. �5 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 rel?vant and material testimony from persons not presented as witnesses who have a substantial interest in the c�utcome of the proceedir�g; for example, th� o�,:�ers c: c•�^upGnt� ..� �:'Y(`'y J"1"` i r�.+.. t�..°'. _ .1.� .._ . ��. .. _.. , ' _ .,f � -. . _ ... .. . .. .. .. ... ..'.�S. C`. `_i .. �� :�C . ._ . _...c�G�. `...C_. . .. ��._ .y_ � _ .. � . _. . .�.. . _ . � _ �.. .. ' _... . . , _ , LC �,.. • ,i.-� • _..-. .,._. . ` _ . . . . � . ....... 4��.. . ` _ '" C._'. .�v .. .. _ .�... ,.-�. . , ., , .... . . ., . . . . .. . . . . ' .. ...� � � 1'C=.� i .. __ ,. -.. ' .. *' .. .. � . ... ... -. _ . � , . -..-_ 1C7:, � _.:� ,1,:�:.jt..'' lw _. ` i :._'� �r-=t � _ ` '�' ` . -- - .. _ _ � ��:....,.i ...�_: .;5 G� Law, and a s�ecific 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 1400.7P�0(d. If you think that this matter can be resolved or settled without '_ . a formal hearing , please contact or have your attorney contact � the undersigned. If a stipulation or agreem ent can be reached as �to the facts , that stipulation will be presented to the Administrative Law Juoge for incorporation into his or her recomm endation 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 public unless objection is made and relief 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 P��,s�_:�t ile�k�on � Adr.iinistrative Law Judge•