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88-1769 WHITE - CITV CLERK PINK - FINANCE COUnC1I CANARV - DEPARTMENT G I TY OF SA I NT PAUL Rrw BLUE - MAVOR Flle NO. �+ �� , C uncil Resolution Presented By °` �-�`� `� � � Referred To Committee: Date Out of Committee By Date RESOLVED, that the On Sale Intoxicating Liquor License held by Bruce Anderson and Leonard DeConcini dba the Quick Stop Lounge for the premises at 828 East Seventh Street in Saint Paul , are hereby suspended for a period of five ( 5) consecutive days. This suspension shall commence on Sunday, October 30th and end on Thursday, November 3 , 1988 with reopening permitted November 4, 1988 . This resolution is based on the record of proceedings before the Administrative Law Judge, including the hearing on September 16 , 1988 , the documents and exhibits introduced therein, the arguments and statements of the parties and counsel for the parties on October 27 , 1988 and the deliberation of the Council in open session. The Council adopts the findings of fact and conclusions of law of the Administrative Law Judge contained in her report dated October 10, 1988 , a copy of which is attached hereto and made a part of this Resolution. A copy of this Resolution, as adopted, shall be sent by first class mail to the Administrative Law Judge and to the licenseholders. COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond �ng � In Favor Gosw;tz Rettman Scheibel � __ Against BY Sonnen Wilson NOV — � '� Form Approved by City Attorney Adopted by Council: Date — Certified Passed b ncil Secret By 0 vZ7�� B}� '� � Approved by Mayor for Submission to Council A►pprove INavor: Date i I��+�;'" ,. �� BY �� . ; -� � � . . � � -� ��6:� . �-�. ,� . , �" � CITY-89-016-MS � 50-2101-2677-6 ��Y � STATE OF MINNESOTA RECEtVED OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY OF ST. PAUL, MINNESOTA OCT 1 21988 �IT� CLERK In the Matter of Leonard P. FINDINGS OF FACT, DeConcini & Bruce E. Anderson CONCLUSIONS AND dba Quik Stop Lounge RECOMMENDATION The above-entitled matter came on for hearinq before Administrative Law Judge Marlene E. Senechal at 9:00 a.m. on September 16, 1988, in the 9th Floor Conference Room, Commerce Building, 4th and Wabasha, St. Paul , Minnesota. The hearing record closed on October 8, 1988 , upon receipt of the final submission of the parties . Thomas J. Weyandt, Assistant City Attorney, 647 City Hall , St. Paul , Minnesota 55102 , appeared representing the City of St. Paul License Division. Robert Anderson, son of Bruce E. Anderson and manager of the Quik Stop Lounge, 828 E. Seventh Street, St. Paul , Minnesota 55106 appeared representing the licensee, Bruce E. Anderson. There was no appearance by the licensee, Leonard P. DeConcini or his representative. 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 Recommendation 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 arc�ument to the City Council . Parties should contact Albert B. Olson, City Clerk, 386 City Hall , St . Paul , Minn2sota 55102 , to ascertain the procedure for filing exceptions or presenting argument. STATEMENT OF ISSUE The issue to be determined in this proceeding is whether or not two minors were served an alcoholic bevera�Ce in the Quik Stop Lounge on August 5, 1988, without being asYed for any identification and, if so, whether such conduct violates Section 409 . 08 (2 ) of the St . Paul Legislative Code and Minn. Stat . §340A. 503, subd . 2 , thereby subjecting the license holder to adverse action. ! � 2 Based upon all of the files, record and proceedings herein, the Administrative Law Judge makes the following: FINDING OF FACT I . Leonard P. DeConcini and Bruce E. Anderson dba Quik Stop Lounge, 828 E. 7th Street, St. Paul , Minnesota 55106, are the licensees for an on-sale liquor license for the Quik Stop Lounge . Mr. DeConcini also holds a license for an off-sale liquor store, Quik Stop Liquors , Inc. , which is located in the same building as the Quik Stop Lounge. Mr. DeConcini and Mr. Anderson are co-owners of the building. Mr . DeConcini operates the off-sale liquor store and Mr. Anderson operates the Quik Stop Lounge, which is the subject of this proceeding. Th� Quik Stop Lounge is managed for Mr. Anderson by his son, Robert Anderson. (City Ex. 2; Testimony of Robert Anderson (Anderson Testimony) ; Testimony of Joseph F. Carchedi (Carchedi Testimony) ) . 2 . The St. Paul Police Department investigates complaints regarding the sale of alcoholic beverages to minors . As part of such investigations , the Department works with under-age persons who attempt to purchase alcoholic beverages in the liquor establishment being investigated. (Testimony of Lt. Donald 4dinger (Winger Testimony) ) . 3 . On August 5, 1988, Lt . Donald Winger, St. Paul Police Department, Vice Unit , was ti�orking tiaith two minors , Tamara M. Chies, whose date of birth is February 5, 1970, and Joanne Sellner, whose date of birth is May 12 , 1970, in regard to the investigation of , among other establishments, the Quik Stop Lounge. (Winger Testimony; Testimony of Tamara M. Chies (Chies Testimony) ; Testimony of Joanne Sellner (Sellner Testimony) ) . 4. On the evening of August 5, 1988, two persons were working as bartenders in the Quik Stop Lounge: Robert Anderson and Leroy Rousseau. (Winger Testimony; Anderson Testimony) . 5 . Lt . Winger entered the Quik Stop Lounge at approximately 10: 50 p.m. He ordered a beer and was served by Mr . Anderson. (Winger Testimony) . 6. Ms . Chies and Ms . Sellner entered the Quik Stop Lounge approximately 10: 55 p.m. Ms . Sellner ordered two Miller Lite beers for which she paid Mr . Rousseau, who served her. No identification was requested from or provided by Ms. Chies or Ms . Sellner in regard to the purchase and sale of the two beers . (Winger Testimony; Chies Testimony; Sellner Testimony) . 7 . Shortly thereafter , Ms . Chies and Ms . Sellner left the Quik Stop Lounge . Ms . Chies and Ms . Sellner took the t • k' .�'- ;�'�� `: 3 two bottles of beer with them. Lt. Winr�er then also left the bar and went outside. He then took the two bottles of beer from Ms . Chies and Ms . Sellner and put the liquid from the bottles into eviclence containers . They then took the two bottles and the liquid in the evidence containers to the Department property room and inventoried them. A subsequent analysis by the Department ' s crime laboratory on September 14, 19$8 , revealed the presence of ethyl alcohol in the liquid in the evidence containers. (Winger Testimony; Sellner Testimony; City Ex. 1 ) . 8. On August 18, 1988 , a Notice of Hearing was issued to Leonard P. DeConcini and Bruce E. Anderson, Quik Stop Lounge, 828 E. Seventh Street, St. Paul , Minnesota 55106 . The Notice set the hearing for September 16, 1988 . 9. By letter dated September 21 , 1988 , the Administrative Law Judge requested the parties to submit written argument regarding the legal effect of the failure to meet the 30 day notice requirement of Minn. Rule 1400. 5600. By letter dated October 7, 1988 , the Licensees waived the 30 day notice requirement of Minn. Rule 1400. 5600. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the follotiving: CONCLUSIONS l . The Notice of Hearing did not meet the requirements of Minn. Rule 1400. 5600 because it was not served 30 days prior to the hearing. The Licensees , Bruce E. Anderson and Leonard P. DeConcini , waived the 30 day notice requirement of Minn. Rule 1400. 5600. The City has complied with all other substantive arid procedural requirements of statute or rule. 2 . The St. Paul City Council and the Administrative Law Judge have jurisdiction in this matter and have the authority to recommend or take adverse action in regard to the license for the Quik Stop Lounge pursuant to Minn. Stat. §§14. 50 and 340A.415 . 3 . On August 5 , 1988 , two minors were served an alcoholic beverages (Miller Lite beer) in the Quik Stop Lounc�e without being asked for any identification. This conduct violated 8ection 409 .08 (2) of the St . Paul Legislative Code and Minn. Stat . §340A.503 , subd . 2 , with res�ect to sale to minors . Based upon the foregoing Conclusions , the Administrative Law Judge makes the following: ( � 4 RECOMMENDATION IT IS HEREBY RECOMMENDED that the license for the Quik Sto� Lounge be suspended for a period of five days . Dated : October 10, 1988 a•�QS�.� MAR ENE E. SEN CHAL Administrativ Law Judge NOTICE Pursuant to Minn. Stat . §14.62 , subd. l , the St . Paul City Council is required to serve its final decision upon each party and the Administrative Law Judge by first class mail . Reported: Taped (not transcribed; Tape No . 3944) MEMORANDUM Minn. Rule 1400. 5600, subp. 3 provides that " (u)nless otherwise provided by law, the notice of and order for hearing shall be served not less than 30 days prior to the hearing. " The notice of hearing in this matter was served less than 30 days prior to the hearing. By letter dated September 21 , 1988, the Administrative Law Judge requested the parties to submit memorandum regarding the legal effect of the failure to meet the 30 day notice requirement . By letter dated October 7 , 1988 , counsel for the St . Paul License Division argued that the provision was inapplicable to this proceeding . By letter dat�d October 7, 1988 , the Licensees waived the 30 day notice requirement . Since the notice requirement has been waived , it is not necessary to address the City ' s argument regarding the applicability of the provision. Regardless of the applicability of the provision, its waiver by the Licensees is sufficient to provide jurisdiction in this matter . The Administrative Lati,� Judge has recommended that the license of the Quik Stop Lounge be suspended for five days . The facts of this matter are not in dispute. The Quik Stop Lounge served two minors an alcoholic beverage on August 5, 1988 . Th� minors were not asked to provide nor did they provide any identification prior to being served. This ��i ��.,��q �� •'�'O ��•� ��. �'•� �-_��.f - ��*1�}� . STATE OF M I N N ESOTA RECEIVED OFFICE OF ADMINISTRATIVE HEARINGS 0 CT 121988 FIFTH FLOOR, FLOUR EXCHANGE BUILDING 310 FOURTH AVENUE SOUTH C1TY CLERK MINNEAPOLIS,MINNESOTA 55415 (612)341-7600 October 10, 1988 St. Paul City Council Attn: Albert B. Olson, City Clerk 386 City Hall St . Paul , Minnesota 55102 Re : In the Matter of Leonard P. DeConcini and Bruce E. Anderson dba Quik 5�op Lounge; OAH Docket No . CITY-89-016-MS, 50-2101-2677-6 Dear Council Members : Enclosed herewith and served upon you is the Report of the Administrative Law Judge in regard to the above matter. By copy of this letter , service is also made upon the parties of record . The official record will be sent to you shortly. Sincerely, MARL NE E. SENEC AL Administrative a�T Judge 612/827-1543 MES:hs encl . cc. (w/encl . ) Thomas J. Weyandt Robert Anderson Leonard P. DeConcini AN EQUAL OPPORTUNITY EMP�OYER +�qt��nt �i/�� s.��T= o, CITY OF AINT P UL �"° '-� OFFICE OF THE CITY ATTORNEY o ,� �`; �� '� EDWARD P. STARR, CITY ATTORNEY � ntt 11111 ^= :,• ��'`��,,��`�,,��'` 647 Ciry Hall, Saint Paul,Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR RECEIVED October 12, 1988 �C11 ^: 1988 Mr. Leonard P . DeConcini CITY CLE�K Mr. Bruce E. Anderson Quik Stop Lounge 828 E. Seventh Street Saint Paul, MN. 55106 RE: Quik Stop Lounge NOTICE OF COUNCIL HEARING Dear Messrs . Anderson and DeConcini : Please take notice that a hearing on the report of the Administrative Law Judge concerning the above-mentioned establishment has been scheduled for 9 : 00 o' clock a.m. , October 27 , 1988 , in the City Council ChaLnbers , Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours . You may also present oral or written argument to the Council at the hearing. No new evidence will be received or testimony taken at this hearing. The Council. will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and . exceptions filed, but may depart from the recommendations of such Judge as permitted by la�a in the exercise of its judgment and dis- cretion. Very truly yours , PHILIP B. BYRNE Assistant City Attorney c c: Al�ert li. Ol son City Clerk Joseph F. Carchedi License Inspector Lt. Donald S . Winger Vice Unit � -,--- ...._ .�� ,. ., , ,.__:� , .---: -.�._. . - ,_- - - �._,. .. . � ,,.,....�. .. ..r��.,_1_,.,. ._ , ,�.,-�.... ir;�.:.:; ,�_ .. _.:.. � . .�;, z . ,t.�- . � � ��-�� ,�o��enuqo;.,. �••• •�� {1g�4 ''. STATE O F M I N N ESOTA OFFICE OF ADMINISTRATIVE HEARINGS RECEtVED FIFTH FLOOR,FLOUR EXCHANGE BUILDING OCT 171988 310 FOURTH AVENUE SOUTH MINNEAPOLIS,MINNESOTA 55415 CIYY CLERK (612)341-7600 October 13, 1988 St. Paul City Council Attn: Albert B. Olson City Clerk 386 City Hall St. Paul, Minnesota 55102 Re: In the Matter of Leonard P. DeConcini and Bruce E. Anderson, d/b/a Quik Stop lounge; OAH Docket Nos. CITY-89-016-MS and 50-2101-2677-6. Dear Mr. Olson: Enclosed please find the original Findings of Fact, Conclusions and Recommendation, copies of which were served upon you and all parties by Administrative Law Judge Marlene E. Senechal on October 11, 1988. I am closing our file in this matter and returning the official record to you. Sincerely, � ' �� , � GZa�%�� Virginia R. Halling OAH Secretary AN EQUAL OPPORTUNITY EMPLOYER , , :•.i��;�:-o';M�•• , .'.� � � �: `�i':i. .�• STAT E O F M I N N ESOTA RECEIVED OFFICE OF ADMINISTRATIVE HEARINGS FIFTH FLOOR,FLOUR EXCHANGE BUILDING OCT 171988 310 FOURTH AVENUE SOUTH ��TY �L��K MINNEAPOLIS,MINNESOTA 55415 (812)34t-7600 October 10, 1988 St. Paul City Council Attn: Albert B. Olson, City Clerk 386 City Hall St . Paul , Minnesota 55102 Re : In the Matter of Leonard P. DeConcini and Bruce E. Anderson dba Quik Stop Lounge; OAH Docket No. CITY-89-016-MS, 50-2101-2677-6 Dear Council Members : Enclosed herewith and served upon you is the Report of the Administrative Law Judye in regard to the above matter . By copy of this letter, service is also made upon the parties of record . The official record will be sent to you shortly. Sincerely, MARL NE E. SENEC AL Administrative aw Judge 612/827-1543 MES:hs encl . cc. (w/encl . ) Thomas J. Weyandt Robert Anderson Leonard P. DeConcini AN EQUAL OPPORTUNITY EMPLOYER � _ di�',. /� �"�' ♦ • b STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) AFFIDAVIT OF SERVICE BY U.S. MAIL /�ar1�.Q C. Se�ec�4�being first duly sworn, hereby deposes and says that on the ��' day of b c�ebe �r , 1988, at the City of Minneapolis, county and state aforementioned. she served the attached ��hd,KCr oF F4c� f Concl�S�oh S r �� comr►�.ehda�/u�, C�Tti - gq- 0/6 - MS � � 6 ' a,/°�` � b 77 - 6 � by depositing in the United States mail at said City of Minneapolis� a true and correct copy thereof, properly enveloped, with first class postage prepaid, and addressed to the individuals named on the attached mailing list. � Subscribe� and swor o e ore me this /o2t�t day of , 1988. ��?�r'�,� �- `s�y��.�2> Notary Public x nnr r �. SANDRA A. HAVEN �� NOTARY ?UBLIC-MINNESOTA �� RAP.1SEY COUi�TY MY COAAAAISSION EXPIRES AUGUST 21, 1990 k Y +►. � ` . St . Paul City Council Attn: Albert B. Olson, City Clerk 386 City Hall St. Paul, Minnesota 55102 Thomas J. Weyandt Assistant City Attorney 647 City Hall St . Paul , Minnesota 55102 Robert Anderson c/o Quik Stop Lounge 828 E. Seventh Street St . Paul , Minnesota 55106 Leonard P. DeConcini c/o Quik Stop Lounge 828 E. Seventh Street St . Paul , Minnesota 55106 � , , �� CITY-89-016-MS 50-2101-2677-6 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY OF ST. PAUL, MINNESOTA In the Matter of Leonard P. FINDINGS OF FACT, DeConcini & Bruce E. Anderson CONCLUSIONS AND dba Quik Stop Lounge RECOMMENDATION The above-entitled matter came on for hearing before Administrative Law Judge Marlene E. Senechal at 9 : 00 a.m. on September 16, 1988, in the 9th Floor Conference Room, Commerce Building, 4th and Wabasha, St . Paul , Minnesota . The hearing record closed on October 8 , 1988, upon receipt of the final submission of the parties . Thomas J. Weyandt, Assistant City Attorney, 647 City Hall , St. Paul , Minnesota 55102 , appeared representing the City of St. Paul License Division. Robert Anderson, son of Bruce E. Anderson and manager of the Quik 3top Lounge, 828 E. Seventh Street, St. Paul, Minnesota 55106 appeared representing the licensee, Bruce E. Anderson. There was no appearance by the licensee, Leonard P. DeConcini or his representative. 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 Recommendation 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 or not two minors were served an alcoholic beverage in the Quik Stop Lounge on August 5, 1988 , without being asked for any identification and, if so, whether such conduct violates Section 409 .08 (2) of the St. Paul Legislative Code and Minn. Stat . §340A. 503, subd. 2 , thereby subjecting the license holder to adverse action. � � i 2 Based upon all of the files , record and proceedings herein, the Administrative Law Judge makes the following: FINDING OF FACT 1 . Leonard P. DeConcini and Bruce E. Anderson dba Quik Stop Lounge, 828 E. 7th Street , St. Paul , Minnesota 55106, are the licensees for an on-sale liquor license for the Quik Stop Lounge. Mr. DeConcini also holds a license for an off-sale liquor store, Quik Stop Liquors , Inc. , which is located in the same building as the Quik Stop Lounge. Mr. DeConcini and Mr. Anderson are co-owners of the building. Mr . DeConcini operates the off-sale liquor store and Mr. Anderson operates the Quik Stop Lounge, which is the subject of this proceeding. The Quik Stop Lounge is managed for Mr . Anderson by his son, Robert Anderson. (City Ex. 2; Testimony of Robert Anderson (Anderson Testimony) ; Testimony of Joseph F. Carchedi (Carchedi Testimony) ) . 2 . The St. Paul Police Department investigates complaints regarding the sale of alcoholic beverages to minors . As part of such investigations, the Department works with under-age persons who attempt to purchase alcoholic beverages in the liquor establishm�nt being investigated. (Testimony of Lt . Donald Winger (Winger Testimony) ) . 3. On August 5, 1988 , Lt. Donald Winger, St. Paul Police Department, Vice Unit , was working with two minors, Tamara M. Chies, whose date of birth is February 5, 1970, and Joanne Sellner, whose date of birth is May 12 , 1970, in regard to the investigation of, among other establishments, the Quik Stop Lounge. (Winger Testimony; Testimony of Tamara M. Chies (Chies Testimony) ; Testimony of Joanne Sellner (Sellner Testimony) ) . 4. On the evening of August 5, 1988 , two persons were working as bartenders in the Quik Stop Lounge: Robert Anderson and Leroy Rousseau. (Winger Testimony; Anderson Testimony) . 5. Lt . Winger entered the Quik Stop Lounge at approximately 10: 50 p.m. He ordered a beer and was served by Mr. Anderson. (Winger Testimony) . 6. Ms . Chies and Ms . Sellner entered the Quik Stop Lounge approximately 10: 55 p.m. Ms. Sellner ordered two Miller Lite beers for which she paid Mr. Rousseau, who served her . No identification was requested from or provided by Ms. Chies or Ms . Sellner in regard to the purchase and sale of the two beers. (Winger Testimony; Chies Testimony; Sellner Testimony) . 7 . Shortly thereafter , Ms . Chies and Ms. Sellner left the Quik Stop Lounge. Ms . Chies and Ms . Sellner took the . . , , �� 9 3 two bottles of beer with them. Lt. Winger then also left the bar and went outside. He then took the two bottles of beer from Ms . Chies and Ms. Sellner and put the liquid from the bottles into evidence containers . They then took the two bottles and the liquid in the evidence containers to the Department property room and inventoried them. A subsequent analysis by the Department ' s crime laboratory on September 14 , 1988, revealed the presence of ethyl alcohol in the liquid in the evidence containers . (Winger Testimony; Sellner Testimony; City Ex. 1 ) . 8. On August 18 , 1988, a Notice of Hearing was issued to Leonard P. DeConcini and Bruce E. Anderson, Quik Stop Lounge, 828 E. Seventh Street , St . Paul , Minnesota 55106 . The Notice set the hearing for September 16, 1988 . 9. By letter dated September 21 , 1988, the Administrative Law Judge requested the parties to submit written argument regarding the legal effect of the failure to meet the 30 day notice requirement of Minn. Rule 1400. 5600. By letter dated October 7, 1988 , the Licensees waived the 30 day notice requirement of Minn. Rule 1400. 5600 . Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1 . The Notice of Hearing did not meet the requirements of Minn. Rule 1400. 5600 because it was not served 30 days prior to the hearing. The Licensees, Bruce E. Anderson and Leonard P. DeConcini , waived the 30 day notice requirement of Minn. Rule 1400 .5600. The City has complied with all other substantive and procedural requirements of statute or rule. 2 . The St. Paul City Council and the Administrative Law Judge have jurisdiction in this matter and have the authority to recommend or take adverse action in regard to the license for the Quik Stop Lounge pursuant to Minn. Stat . §§14. 50 and 340A.415 . 3 . On August 5 , 1988, two minors were served an alcoholic beverages (Miller Lite beer) in the Quik Stop Lounge without being asked for any identification. This conduct violated Section 409 .08 ( 2) of the St. Paul Legislative Code and Minn. Stat . §340A.503, subd . 2 , with respect to sale to minors. Based upon the foregoing Conclusions , the Administrative Law Judge makes the following: , > , 4 RECOMMENDATION IT IS HEREBY RECOMMENDED that the license for the Quik Stop Lounge be suspended for a period of five days . Dated: October 10 , 1988 c�xs;-.�, MAR ENE E. SEN CHAL Administrativ Law Judge NOTICE Pursuant to Minn . Stat . §14.62 , subd . 1 , the St . Paul City Council is required to serve its final decision upon each party and the Administrative Law Judge by first class mail . Reported: Taped (not transcribed; Tape No. 3944) MEMORANDUM Minn. Rule 1400 . 5600, subp. 3 provides that " (u)nless otherwise provided by law, the notice of and order for hearing shall be served not less than 30 days prior to the hearing . " The notice of hearing in this matter was served less than 30 days prior to the hearin�. By letter dated September 21 , 1988 , the Administrative Law Judge requested the parties to submit memorandum regarding the legal effect of the failure to meet the 30 day notice requirement . By letter dated October 7 , 1988 , counsel for the St . Paul License Division argued that the provision was inapplicable to this proceedinr� . By letter dated October 7, 1988 , the Licensees waived the 30 da�y notice requirement . Since the notice requirement has been waived, it is not necessary to address the City ' s argument regarding the applicability of the provision. Regardless of the applicability of the provision, its waiver by the Licensees is sufficient to provide jurisdiction in this matter. The Administrative Law Judge has recommended that the license of the Quik Stop Lounge be suspended for five days . The facts of this matter are not in dispute. The Quik Stop Lounge served two minors an alcoholic beverage on August 5 , 1988 . The minors were not asked to provide nor did they provide any identification prior to being served . This — � . X �� , ..� 00 � lSl� N • z ��r \ . w . � �� t. . F+{ ; U °� � '"�,.,`; � � � � H H � � ;, � 1-.1 , I t., « � � ' V 1 � -. I i ' W � � 0 t�'i � �•�• + W W t J W � F' q W W ' } ° W � z , , c.� `U , � w _ � � W . x � � � i , , ,O d�"' � � r � �v � W � �q q � ' � A a � • � a � H � � _ ( , , .. v, ;� w , . U z � x w. w .. � � a �' W �-.z w O z o ` :� �. � w •• o z . � W z W � � z � � � z � �� . � � o w � � � ; � ; � � � as � � .�, sp _� � : � r .� _ � ��1 �8� � � . � ` c � � � x. a.� , °��/�� r T �• ' ID#4472412 . DeConcini , Leonard ?.�& Anderson, Bruce E. dba ��ek-Stop Lounge 828 E. 7th St. 55106 p�u.K '� On Sale Liquor S00785 1-31-87 - Sunday Liquor 500785 1-31-87 � - - On Sale Liquor-C 16352 1-31-88 �,�p �T D � C� n d S Sunday Liquor 16352 1-31-88 Oaz Sale Liquor-C 16352 1-31-89 Sunday Liquor 16352 1-31-89 DeCOtdCIPiI, L�O;;A� P. �� ' ��g� 1 � sz��nth St. 55i06 SALUTF., A1ATH,A:d rI. ID#4472412 AI��DERSpt1, BRUC� E. D13A: 'QUIK �TOP LOUNGE pn gale Liquor Trfr. APPn• �521t 1-31-83� �,,. #Trfr. from Svoboda Boat �rdorks� Inc. (INACTIVE)� K C.F. 279191, 9-9-a2 1-31-83 g��y On Sale Liquor �52lt 1_31-84 On Sale Liquor 5887 Sunday Liquor 5887 1-31-84 On Sale Liquor 11211 1-31-85 Sunday Liquor 11211 1-31- R16352 1/31 6 On Sale Liquor R16352 1/31/86 * Sunday Liquor *�/28/85 C. F. 8�-1171 approved change of ownership to: DeConcini , Leonard P. and Anderson, Bruce E. 9/16/8$ I hereby certify this to be a true and exact copy of the records of the License �, Permit Division of the City of St. Paul for DeConcini, Leonard P. � Anderson, Bruce E, dba Quik Stop Lounge at 828 E. 7th S�. Jane alen Pe $ License Clerk II M �� . � � �� w �� . •-� �� •�,pn• L•�.ye�oncini., P1.:4. Salute and P.E. �nderson, trfr. On • ' . Sale I.iquor from Svoboda B t 4Jorks � , Inc. (Inactive) �'�� 11419 5-23-82 IInited Fire � Casualty Co. . ., , ,_. � d ��j5-781�6, exp. COi�TINUOUS . ; : . Li . _ _. .. . _: • umbia _: �: .. _. . � Lir�. 'a Col Casualty 3ind.er �,. :, Exp, 1/31/85 ,:�� .�'� �. � � � 'i/31/85 Li . Lia. All' q ied Fidelity � Q ,�� ,#AFL 001037 Exp. 1�31�86 ;�?/28/85 Public hearing on request '*o change owners from DeConcini , �r�onard P. , Salute, Nathan M. & :iderson, Bruce E. to DeConcini , ��eon�rd P. & Anderson, Bruce E. .APPROVED C. F. 85-1171 -_ � �� ( 11419 8-23-82 United Fire � Casualty Co. Bond# 55-78146, E� CONT 1-31-86 Liq Liab-Transcontinental # CCP0661912, Exp. 1-31-87 i 4-3-86 - Liq Lia Transcontinental ;- #CCP0662627 Exp. 1-31-87 1-3T-87 Liq Liab-Transcontinental i # CCP 1666605, Exp. 1-31-88 � 1-29-88 Liq Liab-Transconti.nental #C'CP1666605 Exp. 1-31-89 .�2/2/88 Transcontinental Liq. Lia. #CCP2738395 Expires 1/31/89 ; • 3 . , _ ' . DeConcini, Leonard P. � Anderson, Bruce E. ON SALE LIQ. dba Quick Stop Lounge C� F�-, c e J� _ C � ��,1 Leonard p. DeConcini Bruce B. Anderson C. F. 85-1171 dated 8/28/85 removed Nathan M. Salute as an owner I �. .�. 828 E 7th St 5510b (��(c� �eS s Ca �{� ID 4472412 Leonard P. Deconcini & Bruce E. Anderson dba Quik Stop (� Su� ��2T�'�� Lounge - . �� .�h SQ,�� Restaurant B 16352 1/31/88 �S��t—B 16352 1-31-89 lo � �� _,<��*'�. CITY OF SAINT PAUL 3�0 '�'° OFFICE OF THE CITY ATTORNEY �; �r, , �� ;: '�+ "-'� 101i� „:-- EDWARD P. STARR, CITY ATTORNEY ,. � �'�o-��!^�fi.��'' 647 City Hall, Saint Paul, Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR october � , 198s RECEiVED 0 CT 1 � 1988 Marlene E . Senechal CITY CLEF�l� 4445 Aldrich Avenue South Minneapolis , MN 55409 Re : In the matter of the Liquor License of the Quick Stop Lounge ; OAH Docket Nos. City - 89-016 - MS , 50-2101-2677-6 Dear Judge Senechal : I have just been advised of the contents of your September 21 , 1988 letter relative to the above . To date I have not received a copy, but the letter was read to me by a real estate agent who claimed to represent the owners. As I understand it you question the adequacy of notice of hearing in this matter for an alleged failure to provide thirty (30) days notice pursuant to MR 1400. 5600 , Subd. 3 . It is the position of the City of Saint Paul that we have fulfilled the requirements of M. S . 340A. 415 and M.S . 14. 58 which require that reasonable notice be given. The City of Saint Paul has not adopted, and does not feel bound, by the requirements of the rule cited in your letter. In addition, clearly the licensee did not claim prejudice by a lack of notice . Messrs . De Concini and Bruce Anderson were notified of the potential violation on August 15, called to request a hearing, and were notified on September 18 of a hearing to be held twenty- nine (29) days later on September 16th. Clearly they had adequate time to prepare , and I submit that their case of defense would not have been altered one iota had the hearing been held on Monday, September 19th. For the above stated reasons the City requests that you issue your decision based on the merits of the case as presented. Respectfully submitted, �� ,�cc,...�--f.,-6r,� _ THOMAS,/J . WEYANDT Assistant City Attorney TJW/mf cc : Licensees ' Leonard P. DeConcini & Bruce E . Anderson � �� g � ��=/ � � �/ �� =� � REALTY WORLD� — Larkin 261 North Ruth Street, St. Paul, MN 55119 Telephone:(612)738-2411 REALTY WORLD� RECEiVED 0 CT 171988 October 7 , 1988 �� Thomas Weyandt Assistant City Attorney � 647 City Hall St. Paul, MN 55102 Marlene E. Senechal Administrative Law Judge 4445 Aldrich Ave. So. Minneapolis, MN 55409 Re: In the Matter of Leonard P. DeConcini and Bruce E. Anderson dba Quik Stop Lounge; OAH Docket No. City-89-016-MS, 50-2101-2677-6 Dear Parties , We waive the 30 day rule requirement 1400 . 5600 subp. 3 in the above mentioned matter. We sincerely wish this matter to come to a conclusion as soon as possible, as we have sold our business and the License Division cannot start processing the License Transfer until this matter is resolved. Thank you for your cooperation in tnis matter. Sincerely, ;. -: , �c � Robert nderson � Leonard P. DeConcini Each oilice independently owned and operated ' �ii�s rr�R�n��naE� � C/ �� 6�t-' ° ' `��E�., ��•�"�F��'''9�'�? �v.'��SU\L YOy .�:� ,o p' O+A'"' ��. �,r•-��:�"_ � :�:i �. �y�_ � �.J�-��'�'�$J$k��: STATE O F M I N N ESOTA OFFICE OF ADMINISTRATIVE HEARINGS FIFTH FLOOR, FLOUR EXCHANGE BUILDING 310 FOURTH AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55415 (612)341-7600 October 6 , 1988 Thomas Weyandt Assistant City Attorney 647 City Hall St . Paul , Minnesota 55102 Robert Anderson c/o Quik Stop Lounge 828 E. Seventh Street St . Paul , Minnesota 55106 Leonard P. DeConcini c/o Quik Stop Lounge 828 E. Seventh Street St . Paul , Minnesota 55106 Re : In the Matter of Leonard P. DeConcini and Bruce E. E. Anderson dba Quik Stop Lounge; OAH Docket No. CITY-89-016-MS , 50-2101-26%7-6 Dear Parties : On September 21 , 1988 , I sent a letter to you in regard to this matter. Not having received a reply to the letter, I telephoned Mr . Weyandt today and he advised me that he had not received the letter. Therefore, I am enclosing a copy of that letter . If the parties �vish to submit a memorandum in rerard to the issue raised in that letter, please do so by no later than October 13 , 1988 . Sincerely, � � MARL�NE E. SE CHAL Administrative Law Judge 612/827-1543 MES :hs encl . ( 9/21/88 letter ) AN EQUAL OPPORTUNITY EMPLOYER � l,,o��E.�q �y,.�•t�acnn ��"�'- :,�� "q"�j�'0% E/ '�A`=, � ��.�,=��.:�'� ci �:_` �a �., � `''S'�♦ V�j�� .,-� = .S' J ��'"�'�+j�+��: �t;l'::�"��'.l'�':::..% STATE O F M I N N ESOTA OFFICE OF ADMINISTRATIVE HEARINGS FIFTH FLOOR, FLOUR EXCHANGE BUILDING 310 FOURTH AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55415 (612)341-7600 October 6 , 1988 Thomas Weyandt Assistant City Attorney 647 City Hall St . Paul , Minnesota 55102 Robert Anderson c/o Quik Stop Lounge 828 E. Seventh Street St . Paul , Minnesota 55106 Leonard P. DeConcini c/o Quik Stop Lounge 828 E. Seventh Street St . Paul , Minnesota 55106 Re: In the Matter of Leonard P. DeConcini and Bruce E. E. Anderson dba Quik Stop Lounge; OAH Docket No . CITY-89-016-MS , 50-2101-26%7-6 Dear Parties : On September 21 , 1988 , I sent a letter to you in regard to this matter. Not having received a reply to the letter , I telephoned Mr . Weyandt today and he advised me that he had not received the letter. Therefore, I am enclosing a copy of that letter . If the parties wish to submit a memorandum in regard to the issue raised in that letter , please do so by no later than October 13 , 1988 . Sincerely, o� MARL NE E. SE CHAL Administrative Law Judge 612/827-1543 MES :hs encl . (9/21/88 letter ) AN EQUAL OPPORTUNITY EMPLOYER . � -. . , �'^� cF„-•=-� v.•',��\t,C DU,y�• �Q'/V�..._ .��•,�J� ��j7,� 7y vJ��/ :r�'• ��.. " _ � ` <'�� r�+'d"' . STATE OF M I N N ESOTA OFFICE OF ADMINISTRATIVE HEARINGS FIFTH FLOOR, FLOUR EXCHANGE BUILDING 310 FOURTH AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55415 (612)341•7600 September 21 , 1988 Thomas Weyandt Assistant City Attorney 647 City Hall St. Paul , Minnesota 55102 Robert Anderson c/o Quik Stop Lounge 828 E. Seventh Street St . Paul , Minnesota 55106 Leonard P. DeConcini c/o Quik Stop Lounge 828 E. Seventh Street St . Paul , Minnesota 55106 Re : In the Matter of Leonard P. DeConcini and Bruce E. Anderson dba Quik Stop Lounge; OAH Docket No. CITY-89-016-MS , 50-2101-2677-6 Dear Parties : Upon reviewing the record in this matter, I noted that the hearing notice was issued August 18 , 1988, for the hearino on September 16, 1988 . There is no affidavit of service in the record; however, I assume that the notice was served some time on or after August 18 , 1988 . Therefore, it appears that the 30 day notice requirement of Minn. Rule 1400. 5600, subp. 3 was not met . The parties are hereby requested to submit written argument regarding the legal effect of the failure to meet the 30 day notice requirement. Such arguments should be filed with me no later than September 28 , 1988 , with copies served upon all parties at the time of filing . Please be advised that I serve as an Administrative Law Judge pursuant to a contract with the Office of Administrative Hearings . Therefore, I do not maintain an AN EQUAL OPPORTUNITY EMPLOYER � ' .�' { . �. Thomas Weyandt Robert Anderson Leonard DeConcini Paae 2 September 21 , 1988 office at the above address . Correspondence should be mailed to me at 4445 Aldrich Avenue South, Minneapolis , Minnesota 55409. Sincerely, / " ' '/ � �� `�� f�:.,,.;�� MARL NE E. SF.�NECHAL Administrati�re Law Judge 612/827-1543 MES:hs __ . . ��/ '7 �9 � ��O\L�D='p0�'. /f�� /%. �••�•�sl i :�. /•`.: ��•, ' �1*.p..�.p.}� I�uu Q�p I� STATE O F M I N N ESOTA � OFFICE OF ADMINISTRATIVE HEARINGS FIFTH FLOOR,FLOUR EXCHANGE BUILDING 310 FOURTH AVENUE SOUTH MINNEAPOLIS,MINNESOTA 55415 (612)341•7600 September 21 , 1988 Thomas Weyandt Assistant City Attorney 647 City Hall St. Paul , Minnesota 55102 Robert Anderson c/o Quik Stop Lounge 828 E. Seventh Street St . Paul , Minnesota 55106 Leonard P. DeConcini c/o Quik Stop Lounge 828 E. Seventh Street St . Paul , Minnesota 55106 Re: In the Matter of Leonard P. DeConcini and Bruce E. Anderson dba Quik Stop Lounge; OAH Docket No. CITY-89-016-MS , 50-2101-2677-6 Dear Parties: Upon reviewing the record in this matter, I noted that the hearing notice was issued August 18, 1988, for the hearing on September 16, 1988 . There is no affidavit of service in the record; however, I assume that the notice was served some time on or after August 18 , 1988 . Therefore, it appears that the 30 day notice requirement of Minn. Rule 1400. 5600, subp. 3 was not met . The parties are hereby requested to submit written argument regarding the legal effect of the failure to meet the 30 day notice � requirement. Such arguments should be filed with me no later than September 28 , 1988 , with copies served upon all parties at the time of filing . Please be advised that I serve as an Administrative Law Judge pursuant to a contract with the Office of Administrative Hearings . Therefore, I do not maintain an AN EQUAL OPPORTUNITY EMPLOYER Thomas Weyandt Robert Anderson Leonard DeConcini Paae 2 September 21 , 1988 office at the above address . Correspondence should be mailed to me at 4445 Aldrich Avenue South, Minneapolis , Minnesota 55409. Sincerely, / . , ` , � ��r,.��J �S�Y-I'�L�� . �� MARL NE E. S� ECHAL Administrati e Law Judge 612/827-1543 -- MES :hs . t_,�._.. , �,�;�_� �uo „* .f. STATE O F M I N N ESOTA OFFICE OF ADMINISTRATIVE HEARINGS FIFTH FLOOFi,FIOUR EXCHANGE BUILDING 310 FOURTH AVENUE SOUTH MINNEAPOLIS,MINNESOTA 55415 (81�341-7600 Auqust 24, 1988 Mr. Leonard DeConcini Philip Byrne Mr. Bruce B. Anderson Assistant City Attorney Quik Stop Lounge 647 City Hall 828 E. Seventh Street St. Paul, l�T 55102 St. Paul, IrII� 55106 Re: In the Matter of the Liquor License of the Quik Stop Lounge; OAIi Docket Nos. CITY-89-016-MS, 50-2101-2677-6 Dear Parties: This is to notify you that due to a scheduling conflict the above-referenced case has been reassigned to Administrative Law Judge Marlene E. Senechal of this office. Please refer any future questions concerning this case to Judge Senechal at the following address: Marlene E. Senechal 4445 Aldrich Avenue So. Minneapolis, 2�T 55409 Telephone No. 827-1543 Thank you for your cooperation. Sincerely, � f�J �� PAIG�PURCELL Docket Clerk Telephone: 612/341-7615 /�LP _ ✓ cc: Marlene Senechal AN EQUAL OPPORTUNITY EMPLOYER � � c �+y - �� - o� b - N� ' ��'7i �, ,, CITY OF SAINT PAUL 9. 9 _ �I � ( _ � /_7� _ /_ OFFICE OF THE CITY ATTORNEY � ��= �p �CJ `',`► i i��i°i �= 5 .;, EDWARD P. STARR, CITY ATTORNEY ��, . ,�•�¢,.��'`' 647 City Hall, Saint Paul,Minneso[a 55102 GEORGE LATIMER 612-298-5121 MAYOR �ECE��r�p ��'�:�:� � �► ,��8 August is , i9as �D�11fV1S�I�pTIVE �E�4RINGS Mr . Leonard P. DeConcini NOTICE OF HEARING Mr. Bruce E. Anderson Quik Stop Lounge 828 E. Seventh Street Saint Paul , Mn. 551�16 RE: Quik Stop Lounge, 828 E. 7th Street Dear Messrs. DeConcini and Anderson: This is to notify you that a hearing will be held concerning the licensed premises stated above at the following time, date and place: Date: September 16, 1988 Time: 9:Plf� a.m. Place: 9th Floor Conference, Commerce Building 4th and Wabasha Streets St. Paul , Mn. 55102 The judge will be an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Howard L. Ka ibel, Jr. Fifth Floor , Flour Exchange Building 310 Fourth Avenue South Minneapolis , Mn. 55415 Telephone: 341=7608 The Council of the City of Saint Paul has the authority to provide for hearinqs concerning licensed premises, and for action against such licenses , under Chapter 31�J , including sections 3101.415 and 31P1.�16, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non-intoxicating liquor , authority is also conveyed by section 34PIA.415 of the Minnesota Statutes . Evidence will be presented to the judge which may lead to adverse action against all licenses held by the licenseholder for the said premises as follows: • ' , On August 5, 1988 , two minors were served an alcoholic beverage (Miller Lite beer) in the Quik Stop Lounge without being asked for any identification. This violates section 4�9.08 (2) of the Saint Paul Legislative Code, and Minn. Stat. 1986, section 340A.503, subd. 2, with respect to sales to minors. 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=exam ine. The 1 icensee may then of fer 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 outcome 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 proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken. You should bring to the hearing all docum ents, 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 1400.7PJ041. 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 agreement 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 7 6 � 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. Ver truly yours, . _ \ f> PHILIP B BYRNE Assistant City At orney (612) 298'=5121 Attny. Reg . No. 1 961 cc: Joseph F. Ca chedi License In pector Lt. Donald Winger Vice Unit Albert B. Olson City Clerk P�iq$ �rCell Office of Administrative Hearings Robert Bruce Anderson Rte. 1 , Box 248 Farmington, Mn.