85-108 WNITE - CITV CLERK
PINK - FINANCE GITY OF SAINT PAITL Council
CANqRV - DEPARTMENT ��]'•
BLUE - MAVOR File NO• ✓ /a
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Council esolu 'on
Presented By LICEN E C ` J�%(�
Referred To mmittee: Date
Out of Committee By Date
RESOLVED: That the request for the transfer of the On Sale Liquor,
Entertainment, and Off Sale Malt License expiring
January 31, 1985, presently held by Albert & Gesella
Baisi operators of the former Alary's Bar at �+57 Wabasha
Street, be and the same are hereby transferred to
249 West Seventh Street to do business as Alary's Bar.
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COUIVCILMEN Requested by Department of:
Yeas ��,..._Nays �
Drew ��SA��`�"
Masanz
� In Favor
�liwsls�
scheibe� __ Against BY
Tedesco
Wilson
Adopted by Council: Date
JAN 2 4 1985 Form Approv d b City At ey
Certified Pa s y ncil S re r BY
By
Approv Nlavor: Date JAN 2 �985 Appro d b Mayor for ubmission to Council
BY - Pt1�t.tsHE� F E� 2 1�5— BY
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COCHRANE & BRESNAHAN, P.A.
ATfORNEYS AT LAW
24 EAST 4th STREET
SAINT PAUL, MINNESOTA 55101-1002
JOHN A.COCHRANE
JAMES R.BRESNAHAN TELEPHONE
STEWART C.LOPER 612/298-1850
MARY F.SEYMOUR January 17 , 1985 CABLEADDRESS:COBRA
SUSAN M.COCHRANE
RONALD D.ALLEY
City Clerk
City of St . Paul
Re : Albert and Gesella Baisi
Dear Sir:
Enclosed herein and served upon you is Notice of the
Entry of Order of Albert Baisi and Gesella Baisi d/b/a/
Alary' s Bar vs . The City of St. Paul et . al . , File No.
470360 ordering the City Council to transfer the liquor
license to that location.
Yo s truly,
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' es R. Bresnahan
JRB:mkp
Enclosure
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STATE OF MINNESOTA DISTRICT COURT
COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT
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Albert Baisi and Gesella Baisi File No. 470360
d/b/a Alary ' s Bar,
Plaintiffs,
FINDINGS OF FACT
VS. CONCLUSIONS OF LAW Q
AND ORDER �' �
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The City of St. Paul , a Municipal c,r-'` � Y�;`
Corporation; and Bill Wilson, ""'`� � ,':
James Scheibel , John Drew and r.`� � �n "`
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Thomas. Flynn, N � �
Defendants . �� � "�
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The Plaintiffs ' motion for Temporary Orders in the above-
entitled case came on for hearing at 3 o 'clock p.m. , on December
20, 1984 . The Plaintiffs appeared individually and through their
counsel , James R. Bresnahan, John A. Cochrane, and Ronald D.
Alley, COCHRANE & BRESNAHAN, P.A. The Defendants appeared by
and through their counsel , Jerome J. Segal , Assistant �ity Attorney.
The Court having heard the testimony of the Plaintiff,
Albert Baisi , and Joseph Carchedi , license inspector for the
City of St. Paul , and having considered all affidavits , briefs
and other documents on file herein, and the arguments of counsel ,
makes the following Findings of Fact, Conclusions of Law, and
Order herein.
FINDINGS OF FACT
1 . On July 12 , 1984 , Plaintiffs made application to transfer
on sale liquor, entertainment and off sale malt liquor licenses from
the premises at 457 Wabasha, in the City of St. Paul to the premises
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at 249 West Seventh Street in the City of St. Paul.
2. On or about September 18, 1984 , the Plaintiff was
forced to vacate his premises at 457 Wabasha by the Housing and
Redevelopment Authority, an agency of the City of St. Paul which
exercised the power of eminent domain by an Application for Quick
Taking. The Court takes judicial notice that said Application for
Quick Taking was made in proceedings in the District Court of
Ramsey County entitled Housing and P.edevelopment Authority of
the City of St. Paul, Diinnesota, petitioner vs. John E. Blomquist,
Inc. , et al. , respondents, Court File No. 467651.
3. The Council of the City of St. Paul held a public hearing
on the Plaintiffs request for the transfer of on sale liquor, enter-
tainment and off sale malt beverage licenses on November 7, 1984
at 10: 00 a.m. in St. Paul, P�innesota.
4. On November 20, 1984, the Council of the City of St. Paul
adopted Council Resolution File No. 84-1568 which denied the
transfer of said licenses. Said Resolution recites the fact that
a public hearing was held as set forth above, that a number of
persons appeared to oppose the transfer of said licenses, that ,
the premises at 249 West Seventh Street were vacant, that the I
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area surrounding the premises at 249 West Seventh Street contained
an undue concentration of on sale liquor establishments, and that
the location at 249 West Seventh Street did not provide adequate
off street parking for an on sale liquor establishment.
5. �t�he premises at 249 West Seventh Street have been used
as an on sale liquor establishment for many years and until ap-
proximately September 24, 1984, were occupied by Jo-Art Inc. , a
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Minnesota business corporation operating an on sale liquor esta-
blishment known as Foxy' s bar.
6. The City of St. Paul, historically, has permitted con-
centrations of on sale and off sale liquor establishments and prior
to October 23, 1984 had not established any policy nor enacted any
ordinances limiting the concentration of liquor establishments by
any ascertainable standard.
7. On October 23, 1984, the City Council of the City of St. Paul
adopted a number of ordinances for the purpose of reforming and
restating its liquor license policies and procedures. Said
ordinances include City ordinances File No. ' s 84-638, 84-639 , 84-
641 and 84-1189, together with other ordinances. Said ordinances
became effective on November 26, 1984.
�. On November 7, 1984, the efective ordinances governing
the transfer of on sale liquor licenses were contained in Chapter
409 of the legislative code of the City of St. Paul.
9. By adoption of ordinance File No. 84-641, the City Council of
the City of St. Paul established a policy of limiting the con-
centration of liquor licenses to not more than 4 premises within
a 1/2 mile radius of a proposed location. However, by said
ordinance, the council also established an exception to that policy
permitting licensed holders whose premises were acquired or con-
demned by a body having the power of eminent domain to transfer
to a new location without regard to the four location within a
1/2 mile radius requirement.
_, 10.._._Prior to October 23, 1984 the policy of the City Council
of the City of St Paul with respect to imposing off street parking
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requirements upon liquor establishments was set forth in Section 409 . 10
of the Legislative Code of the City of St. Paul. Pursuant to said
section, the City Council could impose "reasonable conditions and
restrictions" pertaining to a requirement that off street parking be
provided by on sale liquor licensees.
11. At all times relevant to this action, the premises located
at 249 West Seventh Street has been zoned B-5 under the Zoning
Code of the City of St. Paul.
12. On October 23, 1984, by ordinance File No. 84-1189, the
City Council of the City of St. Paul established a policy requiring
on sale liquor licensees to provide off street parking spaces in
all districts other than B-4 or B-5.
13 . The Plaintiffs have been unable to operate their on sale
liquor business since September 18, 1984. Plaintiff Albert Baisi
is handicapped by blindness and has no other means of earning a
livelihood than his on sale liquor establishment.
14 . The Plaintiffs proposed to occupy the premises at 249
West Seventh Street under an assignment or sublease from Jo-Art,
Inc. Jo-A�t, Inc. , now holds the premises at 249 West Seventh
Street under a 5 year lease which terminates June 30, 1985.
CONCLUSIONS OF LAW
Based upon the foregoing Findings of Fact, the Court makes
the following Conclusions of Law.
A. This Court has jurisdiction over the subject matter and i
the parties in the above-entitled action. i
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B. The City Council of the City of St. Paul, pursuant to �
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the Minnesota Intoxicating Liquors Act and the Charter and Ordinances
of the City of St. Paul has broad discretion in acting upon requests
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for the transfer of liquor licenses within the City of St. Paul.
This Court may not substitute its judgment for that of the City
Council if the City Council has exercised its sound discretion and
has not acted in an arbitrary and perpricious manner.
C. In determining whether the City Council has exercised
sound discretion, this Court must consider whether the City Council
has followed established policies as set forth in its ordinances.
D. The City Council acted arbitrarily and capriciously in
finding that the premises at 249 West Seventh Street were vacant
in that the ordinances of the City of St. Paul do not permit more
than one on sale license holder to occupy a given premises in that
said premises had been vacated during the time in which the Plaintiffs
application for transfer was on file and had been pending for the pur-
pose of permitting Plaintiffs to transfer their license.
E. �t�he City Council acted arbitrarily and capriciously in
refusing to transfer the license on the basis that the location at
249 West Seventh Street did not provide for adequate off street
parking. The policy of the City Council as expressed in ordinances
in effect on November 7, 1984, required that the City condition
transfer upon provision for off street parking, and not deny transfer
without establishing an appropriate requirement or condition.
Further, the Council did articulate what number of off street parking
spaces, if any, Plaintiff could not have provided to satisfy off street
parking requirements. In addition, the policy of the Council as
reflected in its Ordinance 84-1189 is not to require off street parking
in B-5 zoning districts.
F. The City Council acted arbitrarily and capriciously in
denying transfer on the basis that an undue concentration of liquor
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establishments existed in the vicinity of 249 West Seventh Str.eet.
Prior to November 7, 1984, the City Council enacted ordinances
establishing an ascertainable standard limiting the concentration
of on sale liquor establishments in the vicinity of 249 West Seventh
Street. Further, the policy of the City Council as articulated
in its Ordinance No. 84-641 was to limit the concentration of
on sale liquor establishments to not more than four within a 1/2
mile radius. However, the City Council could not, in the exercise
of sound discretion, apply the policy limiting concentration to
four within a 1/2 mile radius unless it also applied the exception
contained within the same ordinace which is an integral part of
said policy
G. The Plaintiffs are without adequate remedy at law in
that their sole means of earning a livelihood is the operation of
an on sale liquor establishment.
H. The Plaintiffs have exercised due diligence to locate
other premises but have been unable to locate suitable premises
for their business. Therefore, the Plaintiffs will suffer immediate
and irrepearable harm unless this Court grants the relief requested
in Plainta.ffs Motion for Temporary Orders.
I. In considering whether the Plaintiffs Motion should be
granted, the Court looks to the status of the parties as of the
original date of the Plaintiffs application for transfer. On that
date, the Plaintiff was actively engaged in the operation of an
on sale liquor establishment at 457 Wabasha. Further, Plaintiff �
would remain engaged in his occupation but for the actions of the
City of St. Paul and its agency, the Housing and Redevelopment
Authority. Therefore granting the requested relief wou�d restore
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the status quo.
J. The Resolution, File No. 84-1568 , dated November
20, 1984, is an arbitray and capricious act and, therefore, void
and of no force and effect.
K. The City Council of the City of St. Paul should
be ordered to approve the transfer of the Plaintiffs ' On Sale
Liquor, Entertainment and Off Sale Malt Beverage licenses from �
437 Wabasha to 249 West Seventh Street pursuant to the application
on file with the City of St. Paul .
ORDER
NOW, THEREFORE, IT IS HEREBY ORDERED that the City Council
of the City of St. Paul transfer the On Sale Liquor, Entertainment
and Off Sale Malt Beverage Licenses issued to the Plaintiffs
from 437 Wabasha to 249 West Seventh Street pursuant to the
application on file with the City of St. Paul . �- �
Dated at Saint Paul , Minnesota, this � day of January,
1985.
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HAROLD W. SC LTZ
JUDGE OF THE DISTRICT COURT
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M E M O R A N D U M
No extensive memorandum is required because it would appear
that the rather detailed findings of fact and conclusion of law
set out the Court ' s feelings with respect to this matter in
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an adequate fashion. There is no doubt in the mind of the
Court that the action of the City Council in denying the transfer
of the licenses in question was arbitrary, capricious , and
unreasonable.
Based on all of the facts as determined by the Court,
and viewing the equities of the situation in an honest fashion,
the applicant should be entitled to transfer his licenses to
the location he has selected. There is no basis in fact or
in law for the City denying his application to transfer. Therefore,
this order of the Court. �
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STATE OF MINNESOTA DISTRICT COURT
COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT
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Albert Baisi and Gesella Baisi, Court File No. 470360
d/b/a Alary' s Bar, �
Plaintiffs,
" vs .
ORDER
The City of St. Paul, a Municipal
Corporation; and Bill Wilson,
James Scheibel , John Drew and
Thomas Flynn,
Defendants.
and
Barbara McCormick and
Irvine Park Historical Association,
Intervenors .
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The above entitled matter came on for hearing be�ore the
Honorable Harold W. Schultz , Judge of the District Court, on
December 20 , 1984 , at 3 :00 p.m. in Room ]:321, Ramsey County
Courthouse, St. Paul , D4innesota.
James R. Bresnahan, Esq. , John A. Cochrane, Esq. , and Ronald
D. Alley, Esq. , 24 East Fourth street, St. Pail , Minnesota 55101 ,
appeared representing the Plaintiffs. �
Jerome J. Segal, Esq. , Assistant City Attorney, 647 City Hall
and Courthouse, St. Paul , Minnesota 55102 , appeared representing
the Def endants.
Dennis D. Daly, Jr. Esq. , 1008 Minnesota Building , St. Paul.
Minnesota 55101 , appeared representing Barbara McCormick and
Irvine Park Historical Association, applicants f.or Intervention.
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The matter was before the Court pursuant to the request
of Applicants for Intervention counsel ' s Order permitted them
to intervene as Defendants . By agreement of all counsel the
matter was submitted to the court for decision based on pleadings ,
affidavits and memoranda of counsel previously submitted.
The Court having carefully distened to the arguments of
counsel and having examined all of the moving papers , including
Rule 24 , Minnesota Rules of Civil Procedure, has concluded that
there .is no common question of fact or law between those who
' are requesting the right to intervene and the parties to this
pending matter. The City Council will represent the thoughts
and desirers of the residents in this area . To allow the
intervention would simply complicate and prolong this matter.
NOW, THEREFORE, based on all of the files , records , and
proceedings, the arguments of counsel , IT IS HEREBY ORDERED that �
the motion to allow Barbara McCormick and Irvine Park Historical
Association to intervene as defendants in this matter is denied.
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Dated at Saint Paul , Minnesota, this � day of January,
1985.
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HAROLD W. S HULTZ
JUDGE OF THE DISTRICT COURT
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