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99-669������ Presented By Referred To Counci] File # 3q - � �o q GreenSheet# �sa�3 MINNESOTA RESOLVED, that the Licensee, Twin Star VFW Post 8854 d/b/a Twin Staz VFW Post 8854 (License ID No. 57268), located at 820 Concordia Avenue in Saint Paul, is hereby ordered to pay a fine of five hundred dollars ($500.00) for violating the conditions of its Liquor On Sale Club license which allows the sale of alcohol only to members and bona fide guests of the club. 10 11 12 13 14 Said fine shall be paid to the Office of License, Inspections and Environmental Protection within thirty (30) days of the adoption of this resolution by the Council and signature by the Mayor. This resolution and the action of the Council in this matter are based upon the facts contained in the Notice of Violation letter to the licensee and such arguments as may have been presented to the Council at the public hearing. The facts were not contested by the licensee. Requested by Department of: $Y � � \ ,� d— . Approved by Mayo^: Date By: �./r;"^u'v4,.tJ ' + "'G�-�.i Fosm Approved by City Attorney � By: ✓/�-�C'�-- Approved by Mayor for Submission to Council By: By: Adopted by Council: Date C�����1 Adoption Certified by Counc S etary s Virginia Palmer TOTAL # OF SIGNATURE PAGES 1999 I GREEN SHEET °Iq-��q No b�3�}3_ ■ u wnu,�.m�rae U a,vwwc.. _ � ❑'nr�nouEr ❑ anctmK _ ❑ wuxrJn�aEawcFSOUt ❑ wu�x�a�ssawncnc ❑IWYORI�A&95TANf) ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Concerning adverse action against liquor licenses held by 2tain Star VFW Post 8854, dba Twin Star VFW Post $854, 820 Concordia Avenue. auN � i�rv r�pprove (a) or rce�ecc PLANNING CAMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION IF IF AMOUNT OF TRANSACTION S SOURCE Has this perwNfirm ever worked untler a contract for Mis depardnenl? YES NO Ha6 Mis PersoNfirm ever i�em a cdy employee9 YES NO Does this persoMrm possess a sldll not rqimailypossessed by any curteM city employee? YES NO Is ihis persoNfirm a qrpeted vendoR YES NO olain all ves answers on sena�ate sheet antl attach to areen sheet COST/REVENUE BUDGETED �CIRCLE ONE) ACTIVITY NUMBER YES NO (IXPWNJ UNCONTESTED LICENSE HEARING �� - `�°� Licensee Name: Twin Star VFW Post 8854 d/b/a Twin Star VFW Post 8854 Address: 820 Concordia Avenue Council Hearing Date: July 14, 1999 Violation: Alcohol Sale to Underage Person, Alcohol Sale to Non-Member Date of Violation: May 13, 1999 Place: Licensed Premises Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: $500.00 Fine Attachments: 1. Proposed resolution 2. Notice of Violation 3. Police Report CN 99-067-152 4. License information CITY OF SAINT PAUL Norm Coleman, Mayor June 30, 1999 OFFICE OF THE CITY ATTORNEY Clayton M. Robinson, Jr., Ciry Attorney q9 -��9 Civil Division 400CityHa11 Telephoxe:651266-8710 ISWestKelloggBlvd Facsimile:651298-56l9 Saint Paul, Mixnesot¢ 55102 NOTICE OF COUNCIL HEARING William Massie �`i0U�.1C}� �25�'�iC�l i:2i-i°i' Ciub Manager J U L 0� 1�99 Twin Star VFW Post 8854 888 Aurora Avenue Saint Paul, MN 55104 RE: Liquar Licenses held by Twin Star VFW Post 8854, d/b/a Twin Staz VFW Post 8854 for the premises at 820 Concordia Avenue, Saint Paul Deaz Mr. Massie: Please take notice that a hearing concerning the above-named establishxnent has been scheduled for 5:30 p.m., Wednesday, July 14,1999 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing, in that the facts concerning the sale of alcohol to an underage person who was not a member of the club has not been denied. You will have an opportunity at the Council hearing to present orai and/or written remarks as to the penalty, if any, to be imposed. If you have any questions, please call me at 266-8710. Very truly yours, (�� 'ti�t � � Virginia D�almer Assistant City Attomey cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Larry Zangs, LIEP Community Organizer, Summit-University Planning Council, 627 Selby Ave., St. Paul, MN 55104 OFFICE OF THE CITY ATTORNEY Clayton M. Robiruon, Jc, CityA!lorney SAINS 1•AJL� • • • � AAAA Civr/ Divirion 400 City Hal1 I S West Ke!logg B[vd Sain1 Paul, Minnesota 55101 Telephone: 651266-87f 0 � ` ' t ' �� Facsimile: 651298-5619 May 20, 1999 William Massie Club Manager Twin Staz VFW Post 8854 888 Aurora Avenue Saint Paul, MN 55104 NOTICE OF VIOLATION RE: Liquor Licenses held by Twin Staz VFW Post 8854, d/b/a Twin Staz VFW Post 8854 for the premises at 820 Concordia Avenue, Saint Paul Deaz Mr. Massie: The Office of License, Inspections and Environmental Protection has recommended adverse action against the liquor licenses held by Twin Star VFW Post 8854. This recommendation is based upon the following facts: On May 13, 1999 the Saint Paul Police Department conducted a liquor compliance check at the Twin Star VFW Post 8854. At approximately 7:05 p.m., an eighteen year old individual entered the premises and asked to purchase a Miller Genuine Draft beer. The server told the individual that he would need to purchase a"Club Card" in order to purchase a drink, and sold the individual a card, and provided him with the requested beer. Twin Star VFW Post 8854 has a Liquor On Sale Club license. Clubs may only sell alcohol to members and bona fide guests; and the act of selling a "membership" card to anyone entering the club does not meet the requirements of being a member of the club. As such the sale to the individual was a violation of the license, as well as an illegal sale to an underage person. If you do not dispute the above facts please send me a letter with a statement to that effect. The matter will then be scheduled for a hearing before the St. Paul City Council to determine what penalty, if any, to impose. You will have an opportunity to appeaz and speak on your own behalf, or to have someone appear there for you. Page 2 William Massie May 20, 1999 q�-`�9 On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing before an Administrative Law Judge (AL,�. If you wish to have such a hearing, piease send me a letter stating that you aze contesting the facts. You wili then be sent a"Notice of Hearin�," so you will know when and where to appeaz, and what the basis for the hearing will be. In either case, please let me know in writing no later than Tuesday, June 1, 1999, how you would like to proceed. If I have not heard from you by that date, I will assume that you are not contesting the facts. The matter will then be scheduled for the hearing before the Sf. Paul City Council. If you have any questions, feel free to call me or have your attorney call me at 266-8710. Sincerely, �/�,,�.� � ��a �, Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Community Organizer, Summit-University Planning Council, 627 Selby Ave., St. Paul, MN 55104 aa-4�q STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on May 20, 1999, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: William Ma5sie Club Manager Twin Star VFW Post 8854 888 Aurora Avenue St. Paul, MN. 55104 (which is the last known address of said person) same, with postage prepaid, in the United States Minnesota. Subscribed and this 20th day � � Notary sworn to before me of May, 1999. pETEp p, ppN�ORN Comm. ExPires Jen.31. and depositing the mails at St. Paul, Page �_of � � ST. PAUL POLICE DEPARTMENT GENERAL REPORT -' ' - Squad: Team: Offense: os �92 c���v r.,-� � Location of Crime Svne• Occurred [�qt Q Between: ! QO S hrs. �� CN 99-067-152 �, . .�9�- � �q c hrs. on ra Records Crime Lab Lab Lacl tv Room Squad 792 Sgt. Wachal and Squad 795 Off. Weyker conducted liquor compliance checks in the Westem District on the above date. We utilized one underage operative (UC Undercover) to make purchase attempts at various on-sale establishments that sell either liquor or wine/beer. The operative was # 35. The UC was both photographed and identified by his Mumesota DriveF license with a DOB of 10-26-80 making him 18 yeazs of age. We had him remove his property s from his pockets so he couldn't enter any establishment with any form of identification. The UC was wired with a transmitter so we could hear his conversation once he was inside a particular establishment. We were able to monitor the conversation in our unmazked caz outside. At 1905 hours, we sent #35 into Twin Star VFW Post # 88541ocated at 820 Concordia to make an attempt to purchase an alcoholic beverage. We parked up the street south of the bar and listened. We could clearly hear him ask for a Miller Genuine Draft beer over his wire. The server later described as an older B/F wearing a white shirt with a vertical black stripe down the front told the UC that he needed to purchase a Club Cazd in order to purchase a drink. He did so with the $10 bill I provided him prior to going out this evening. Once he paid for and signed it, the server apparently gave him a beer because I heard her ask him: "did you want a glass with that?" The UC then left the baz and met us outside where we parked on the pazking lot just south of the bar. He then described the server to us. We went inside and were buzzed in through the locked front door. I observed the woman described by #35 behind the counter. I also saw a 12 ounce bottle of Miller Genuine Draft beer on the aorth end of the bar. I told the server that the yoqng man that just left was 18 years old and if she provided the beer on the baz to him. I pointe¢ to it as I spoke. She acknowledged that she did so. We identiSed her aSSHiI� Yvo� n�� IjOB 6-28-42 of 567 W. Central. She was cooperative. I photographed her and advised her of a watning this time but there will be a recheck withitt six months. I recovered the $10 hill from F�ill for the use of the Club Cazd (# 0224). The card was turned in to the Propert}+ Room as evidence. 0 z � � � J � Emp. 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(0 C G J U � � U.�' � � V� JO L � (6 � c Q Z O � O rn;� m � a � F J� m U �� J O O � ` `.k U � �,o � o c �na � °°� ��pN � � �Q C � �- . � O : 6 � �� J �; N L Y J (n LL � �N � mUcmU v r N U � U � V fn � 'V '6 N >.�r N fn N C� O N C N J C N E r � � C N C[] �.C]� 3 � � �m� m 3 ����� a � m `�L Hrn °'OUQO � � U �. N ��Z��O� tL C�O���UtOIiN> � - �o.�cUomc������ a a�i m�� .c a a o a o_"' ¢ L � pr-.O D U�Q 3 3� "O �U N N L� C C�� C� O C p U"6'CO �O >. U OE�E���t'O�,LVO � oo2m�:° ;dc U m V � E (6� �O� �N�N ��O> C 'Q�,�mO OO�p) �p) M01N C � < � °�a'��n a� cm �o o�n m c 3o¢ao¢oUr�Ni Q c � _ (, `�1 � � Q x a W � N O � � N d U � J � R d N O r 0 a � C O i+ R � O c d N C d U J rn � � N 7 N � w a�i > V U J Q a N � C � � � a � Q � F � C C O N `' U � 3 J � J Is E � C N V � � o 0 a N � W Q Q � � NO �U �z �� QVo N � �� ro � � 7 0. 9 LL � � z t � m z 0 � m � � a a� � E � m Q z F c � O Z l0 � �U c � U L W � O N N � Q w o N � c o N N N O `m � � J Z U '� M a � m 'n U M C � N � � c a J _ � � � Z Z Q E�Z U i� �iZ O m u C ¢ _ � d � � � Z N C � O ^ L M a o N � N � � N C � . m � o � m �n F- � rn n a .; ► O O v ¢� y a (p C C J U � U � U �„ � U � J Z J � Q O rn� � 9 : 6 - a' V� JC� �U �� J O � � ` � U � AN � U rnN � � `orn aco -' C ��O � 7 CN� p_ . _ �� 3 � m J � � J � � U N � N � M �y � i4Va�iu)U°� m d�� .� N t� O N� C N J C N E r '�6 N � � N�O�' jOd'LL � � @ `�s arn �OU o. � N Ern?cmpca ti rn.�c�n�$�oom�oa u�i C O �yQ (OLLN>p N�N, '6 UOLUONCG�`:"Cf6 'p m�� w. t� Q ad:o a� ... Q d ,� �,Y o awQ � a� L�pOU V �Q� Q3�` 'O •v�a��t o d U� V"6'C � T U 0������ O� � ooZa��,�.°. ;dcNdcU U 6'i V � E �m �O� �N�N O�OO o � M rn c� c� '- �°- � m a..- c o� com�n m c 3o¢a`o¢oU� ������ Presented By Referred To Counci] File # 3q - � �o q GreenSheet# �sa�3 MINNESOTA RESOLVED, that the Licensee, Twin Star VFW Post 8854 d/b/a Twin Staz VFW Post 8854 (License ID No. 57268), located at 820 Concordia Avenue in Saint Paul, is hereby ordered to pay a fine of five hundred dollars ($500.00) for violating the conditions of its Liquor On Sale Club license which allows the sale of alcohol only to members and bona fide guests of the club. 10 11 12 13 14 Said fine shall be paid to the Office of License, Inspections and Environmental Protection within thirty (30) days of the adoption of this resolution by the Council and signature by the Mayor. This resolution and the action of the Council in this matter are based upon the facts contained in the Notice of Violation letter to the licensee and such arguments as may have been presented to the Council at the public hearing. The facts were not contested by the licensee. Requested by Department of: $Y � � \ ,� d— . Approved by Mayo^: Date By: �./r;"^u'v4,.tJ ' + "'G�-�.i Fosm Approved by City Attorney � By: ✓/�-�C'�-- Approved by Mayor for Submission to Council By: By: Adopted by Council: Date C�����1 Adoption Certified by Counc S etary s Virginia Palmer TOTAL # OF SIGNATURE PAGES 1999 I GREEN SHEET °Iq-��q No b�3�}3_ ■ u wnu,�.m�rae U a,vwwc.. _ � ❑'nr�nouEr ❑ anctmK _ ❑ wuxrJn�aEawcFSOUt ❑ wu�x�a�ssawncnc ❑IWYORI�A&95TANf) ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Concerning adverse action against liquor licenses held by 2tain Star VFW Post 8854, dba Twin Star VFW Post $854, 820 Concordia Avenue. auN � i�rv r�pprove (a) or rce�ecc PLANNING CAMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION IF IF AMOUNT OF TRANSACTION S SOURCE Has this perwNfirm ever worked untler a contract for Mis depardnenl? YES NO Ha6 Mis PersoNfirm ever i�em a cdy employee9 YES NO Does this persoMrm possess a sldll not rqimailypossessed by any curteM city employee? YES NO Is ihis persoNfirm a qrpeted vendoR YES NO olain all ves answers on sena�ate sheet antl attach to areen sheet COST/REVENUE BUDGETED �CIRCLE ONE) ACTIVITY NUMBER YES NO (IXPWNJ UNCONTESTED LICENSE HEARING �� - `�°� Licensee Name: Twin Star VFW Post 8854 d/b/a Twin Star VFW Post 8854 Address: 820 Concordia Avenue Council Hearing Date: July 14, 1999 Violation: Alcohol Sale to Underage Person, Alcohol Sale to Non-Member Date of Violation: May 13, 1999 Place: Licensed Premises Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: $500.00 Fine Attachments: 1. Proposed resolution 2. Notice of Violation 3. Police Report CN 99-067-152 4. License information CITY OF SAINT PAUL Norm Coleman, Mayor June 30, 1999 OFFICE OF THE CITY ATTORNEY Clayton M. Robinson, Jr., Ciry Attorney q9 -��9 Civil Division 400CityHa11 Telephoxe:651266-8710 ISWestKelloggBlvd Facsimile:651298-56l9 Saint Paul, Mixnesot¢ 55102 NOTICE OF COUNCIL HEARING William Massie �`i0U�.1C}� �25�'�iC�l i:2i-i°i' Ciub Manager J U L 0� 1�99 Twin Star VFW Post 8854 888 Aurora Avenue Saint Paul, MN 55104 RE: Liquar Licenses held by Twin Star VFW Post 8854, d/b/a Twin Staz VFW Post 8854 for the premises at 820 Concordia Avenue, Saint Paul Deaz Mr. Massie: Please take notice that a hearing concerning the above-named establishxnent has been scheduled for 5:30 p.m., Wednesday, July 14,1999 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing, in that the facts concerning the sale of alcohol to an underage person who was not a member of the club has not been denied. You will have an opportunity at the Council hearing to present orai and/or written remarks as to the penalty, if any, to be imposed. If you have any questions, please call me at 266-8710. Very truly yours, (�� 'ti�t � � Virginia D�almer Assistant City Attomey cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Larry Zangs, LIEP Community Organizer, Summit-University Planning Council, 627 Selby Ave., St. Paul, MN 55104 OFFICE OF THE CITY ATTORNEY Clayton M. Robiruon, Jc, CityA!lorney SAINS 1•AJL� • • • � AAAA Civr/ Divirion 400 City Hal1 I S West Ke!logg B[vd Sain1 Paul, Minnesota 55101 Telephone: 651266-87f 0 � ` ' t ' �� Facsimile: 651298-5619 May 20, 1999 William Massie Club Manager Twin Staz VFW Post 8854 888 Aurora Avenue Saint Paul, MN 55104 NOTICE OF VIOLATION RE: Liquor Licenses held by Twin Staz VFW Post 8854, d/b/a Twin Staz VFW Post 8854 for the premises at 820 Concordia Avenue, Saint Paul Deaz Mr. Massie: The Office of License, Inspections and Environmental Protection has recommended adverse action against the liquor licenses held by Twin Star VFW Post 8854. This recommendation is based upon the following facts: On May 13, 1999 the Saint Paul Police Department conducted a liquor compliance check at the Twin Star VFW Post 8854. At approximately 7:05 p.m., an eighteen year old individual entered the premises and asked to purchase a Miller Genuine Draft beer. The server told the individual that he would need to purchase a"Club Card" in order to purchase a drink, and sold the individual a card, and provided him with the requested beer. Twin Star VFW Post 8854 has a Liquor On Sale Club license. Clubs may only sell alcohol to members and bona fide guests; and the act of selling a "membership" card to anyone entering the club does not meet the requirements of being a member of the club. As such the sale to the individual was a violation of the license, as well as an illegal sale to an underage person. If you do not dispute the above facts please send me a letter with a statement to that effect. The matter will then be scheduled for a hearing before the St. Paul City Council to determine what penalty, if any, to impose. You will have an opportunity to appeaz and speak on your own behalf, or to have someone appear there for you. Page 2 William Massie May 20, 1999 q�-`�9 On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing before an Administrative Law Judge (AL,�. If you wish to have such a hearing, piease send me a letter stating that you aze contesting the facts. You wili then be sent a"Notice of Hearin�," so you will know when and where to appeaz, and what the basis for the hearing will be. In either case, please let me know in writing no later than Tuesday, June 1, 1999, how you would like to proceed. If I have not heard from you by that date, I will assume that you are not contesting the facts. The matter will then be scheduled for the hearing before the Sf. Paul City Council. If you have any questions, feel free to call me or have your attorney call me at 266-8710. Sincerely, �/�,,�.� � ��a �, Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Community Organizer, Summit-University Planning Council, 627 Selby Ave., St. Paul, MN 55104 aa-4�q STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on May 20, 1999, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: William Ma5sie Club Manager Twin Star VFW Post 8854 888 Aurora Avenue St. Paul, MN. 55104 (which is the last known address of said person) same, with postage prepaid, in the United States Minnesota. Subscribed and this 20th day � � Notary sworn to before me of May, 1999. pETEp p, ppN�ORN Comm. ExPires Jen.31. and depositing the mails at St. Paul, Page �_of � � ST. PAUL POLICE DEPARTMENT GENERAL REPORT -' ' - Squad: Team: Offense: os �92 c���v r.,-� � Location of Crime Svne• Occurred [�qt Q Between: ! QO S hrs. �� CN 99-067-152 �, . .�9�- � �q c hrs. on ra Records Crime Lab Lab Lacl tv Room Squad 792 Sgt. Wachal and Squad 795 Off. Weyker conducted liquor compliance checks in the Westem District on the above date. We utilized one underage operative (UC Undercover) to make purchase attempts at various on-sale establishments that sell either liquor or wine/beer. The operative was # 35. The UC was both photographed and identified by his Mumesota DriveF license with a DOB of 10-26-80 making him 18 yeazs of age. We had him remove his property s from his pockets so he couldn't enter any establishment with any form of identification. The UC was wired with a transmitter so we could hear his conversation once he was inside a particular establishment. We were able to monitor the conversation in our unmazked caz outside. At 1905 hours, we sent #35 into Twin Star VFW Post # 88541ocated at 820 Concordia to make an attempt to purchase an alcoholic beverage. We parked up the street south of the bar and listened. We could clearly hear him ask for a Miller Genuine Draft beer over his wire. The server later described as an older B/F wearing a white shirt with a vertical black stripe down the front told the UC that he needed to purchase a Club Cazd in order to purchase a drink. He did so with the $10 bill I provided him prior to going out this evening. Once he paid for and signed it, the server apparently gave him a beer because I heard her ask him: "did you want a glass with that?" The UC then left the baz and met us outside where we parked on the pazking lot just south of the bar. He then described the server to us. We went inside and were buzzed in through the locked front door. I observed the woman described by #35 behind the counter. I also saw a 12 ounce bottle of Miller Genuine Draft beer on the aorth end of the bar. I told the server that the yoqng man that just left was 18 years old and if she provided the beer on the baz to him. I pointe¢ to it as I spoke. She acknowledged that she did so. We identiSed her aSSHiI� Yvo� n�� IjOB 6-28-42 of 567 W. Central. She was cooperative. I photographed her and advised her of a watning this time but there will be a recheck withitt six months. I recovered the $10 hill from F�ill for the use of the Club Cazd (# 0224). The card was turned in to the Propert}+ Room as evidence. 0 z � � � J � Emp. 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X y C n � 3 z U O d U C m � N c E m Z C n. � O U U C f 7 N C a � � Z N C ,� � r L M a m N N d ^ C Ip] fD � � F N V � i ..' � r o p 'o d d a U � C J N � N .p U U � V � J O ` � f6= c QZ O O rn� m � �°- � i- J C m U �� _I O p=c EG U� n,o� o i � N C��O j j� � J ' =°o - a rn ��°' m f0 .0 Y J (n l.L J �.�_.�O U yLLN�Ll f� N U U � mU c mCJ v '6 NT� U (nNNCn M d C� O d C� J C N E � a N C y C���'fl�K�L � a�� m � 3 3 c a -�m nrn�OU � N ��Z���� LL rnL�fl.��`�"O�@��Q � CO-�Q COLL.�rn>pm�J �p U OLU O d C C�i:. 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(0 C G J U � � U.�' � � V� JO L � (6 � c Q Z O � O rn;� m � a � F J� m U �� J O O � ` `.k U � �,o � o c �na � °°� ��pN � � �Q C � �- . � O : 6 � �� J �; N L Y J (n LL � �N � mUcmU v r N U � U � V fn � 'V '6 N >.�r N fn N C� O N C N J C N E r � � C N C[] �.C]� 3 � � �m� m 3 ����� a � m `�L Hrn °'OUQO � � U �. N ��Z��O� tL C�O���UtOIiN> � - �o.�cUomc������ a a�i m�� .c a a o a o_"' ¢ L � pr-.O D U�Q 3 3� "O �U N N L� C C�� C� O C p U"6'CO �O >. U OE�E���t'O�,LVO � oo2m�:° ;dc U m V � E (6� �O� �N�N ��O> C 'Q�,�mO OO�p) �p) M01N C � < � °�a'��n a� cm �o o�n m c 3o¢ao¢oUr�Ni Q c � _ (, `�1 � � Q x a W � N O � � N d U � J � R d N O r 0 a � C O i+ R � O c d N C d U J rn � � N 7 N � w a�i > V U J Q a N � C � � � a � Q � F � C C O N `' U � 3 J � J Is E � C N V � � o 0 a N � W Q Q � � NO �U �z �� QVo N � �� ro � � 7 0. 9 LL � � z t � m z 0 � m � � a a� � E � m Q z F c � O Z l0 � �U c � U L W � O N N � Q w o N � c o N N N O `m � � J Z U '� M a � m 'n U M C � N � � c a J _ � � � Z Z Q E�Z U i� �iZ O m u C ¢ _ � d � � � Z N C � O ^ L M a o N � N � � N C � . m � o � m �n F- � rn n a .; ► O O v ¢� y a (p C C J U � U � U �„ � U � J Z J � Q O rn� � 9 : 6 - a' V� JC� �U �� J O � � ` � U � AN � U rnN � � `orn aco -' C ��O � 7 CN� p_ . _ �� 3 � m J � � J � � U N � N � M �y � i4Va�iu)U°� m d�� .� N t� O N� C N J C N E r '�6 N � � N�O�' jOd'LL � � @ `�s arn �OU o. � N Ern?cmpca ti rn.�c�n�$�oom�oa u�i C O �yQ (OLLN>p N�N, '6 UOLUONCG�`:"Cf6 'p m�� w. t� Q ad:o a� ... Q d ,� �,Y o awQ � a� L�pOU V �Q� Q3�` 'O •v�a��t o d U� V"6'C � T U 0������ O� � ooZa��,�.°. ;dcNdcU U 6'i V � E �m �O� �N�N O�OO o � M rn c� c� '- �°- � m a..- c o� com�n m c 3o¢a`o¢oU� ������ Presented By Referred To Counci] File # 3q - � �o q GreenSheet# �sa�3 MINNESOTA RESOLVED, that the Licensee, Twin Star VFW Post 8854 d/b/a Twin Staz VFW Post 8854 (License ID No. 57268), located at 820 Concordia Avenue in Saint Paul, is hereby ordered to pay a fine of five hundred dollars ($500.00) for violating the conditions of its Liquor On Sale Club license which allows the sale of alcohol only to members and bona fide guests of the club. 10 11 12 13 14 Said fine shall be paid to the Office of License, Inspections and Environmental Protection within thirty (30) days of the adoption of this resolution by the Council and signature by the Mayor. This resolution and the action of the Council in this matter are based upon the facts contained in the Notice of Violation letter to the licensee and such arguments as may have been presented to the Council at the public hearing. The facts were not contested by the licensee. Requested by Department of: $Y � � \ ,� d— . Approved by Mayo^: Date By: �./r;"^u'v4,.tJ ' + "'G�-�.i Fosm Approved by City Attorney � By: ✓/�-�C'�-- Approved by Mayor for Submission to Council By: By: Adopted by Council: Date C�����1 Adoption Certified by Counc S etary s Virginia Palmer TOTAL # OF SIGNATURE PAGES 1999 I GREEN SHEET °Iq-��q No b�3�}3_ ■ u wnu,�.m�rae U a,vwwc.. _ � ❑'nr�nouEr ❑ anctmK _ ❑ wuxrJn�aEawcFSOUt ❑ wu�x�a�ssawncnc ❑IWYORI�A&95TANf) ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Concerning adverse action against liquor licenses held by 2tain Star VFW Post 8854, dba Twin Star VFW Post $854, 820 Concordia Avenue. auN � i�rv r�pprove (a) or rce�ecc PLANNING CAMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION IF IF AMOUNT OF TRANSACTION S SOURCE Has this perwNfirm ever worked untler a contract for Mis depardnenl? YES NO Ha6 Mis PersoNfirm ever i�em a cdy employee9 YES NO Does this persoMrm possess a sldll not rqimailypossessed by any curteM city employee? YES NO Is ihis persoNfirm a qrpeted vendoR YES NO olain all ves answers on sena�ate sheet antl attach to areen sheet COST/REVENUE BUDGETED �CIRCLE ONE) ACTIVITY NUMBER YES NO (IXPWNJ UNCONTESTED LICENSE HEARING �� - `�°� Licensee Name: Twin Star VFW Post 8854 d/b/a Twin Star VFW Post 8854 Address: 820 Concordia Avenue Council Hearing Date: July 14, 1999 Violation: Alcohol Sale to Underage Person, Alcohol Sale to Non-Member Date of Violation: May 13, 1999 Place: Licensed Premises Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: $500.00 Fine Attachments: 1. Proposed resolution 2. Notice of Violation 3. Police Report CN 99-067-152 4. License information CITY OF SAINT PAUL Norm Coleman, Mayor June 30, 1999 OFFICE OF THE CITY ATTORNEY Clayton M. Robinson, Jr., Ciry Attorney q9 -��9 Civil Division 400CityHa11 Telephoxe:651266-8710 ISWestKelloggBlvd Facsimile:651298-56l9 Saint Paul, Mixnesot¢ 55102 NOTICE OF COUNCIL HEARING William Massie �`i0U�.1C}� �25�'�iC�l i:2i-i°i' Ciub Manager J U L 0� 1�99 Twin Star VFW Post 8854 888 Aurora Avenue Saint Paul, MN 55104 RE: Liquar Licenses held by Twin Star VFW Post 8854, d/b/a Twin Staz VFW Post 8854 for the premises at 820 Concordia Avenue, Saint Paul Deaz Mr. Massie: Please take notice that a hearing concerning the above-named establishxnent has been scheduled for 5:30 p.m., Wednesday, July 14,1999 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing, in that the facts concerning the sale of alcohol to an underage person who was not a member of the club has not been denied. You will have an opportunity at the Council hearing to present orai and/or written remarks as to the penalty, if any, to be imposed. If you have any questions, please call me at 266-8710. Very truly yours, (�� 'ti�t � � Virginia D�almer Assistant City Attomey cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Larry Zangs, LIEP Community Organizer, Summit-University Planning Council, 627 Selby Ave., St. Paul, MN 55104 OFFICE OF THE CITY ATTORNEY Clayton M. Robiruon, Jc, CityA!lorney SAINS 1•AJL� • • • � AAAA Civr/ Divirion 400 City Hal1 I S West Ke!logg B[vd Sain1 Paul, Minnesota 55101 Telephone: 651266-87f 0 � ` ' t ' �� Facsimile: 651298-5619 May 20, 1999 William Massie Club Manager Twin Staz VFW Post 8854 888 Aurora Avenue Saint Paul, MN 55104 NOTICE OF VIOLATION RE: Liquor Licenses held by Twin Staz VFW Post 8854, d/b/a Twin Staz VFW Post 8854 for the premises at 820 Concordia Avenue, Saint Paul Deaz Mr. Massie: The Office of License, Inspections and Environmental Protection has recommended adverse action against the liquor licenses held by Twin Star VFW Post 8854. This recommendation is based upon the following facts: On May 13, 1999 the Saint Paul Police Department conducted a liquor compliance check at the Twin Star VFW Post 8854. At approximately 7:05 p.m., an eighteen year old individual entered the premises and asked to purchase a Miller Genuine Draft beer. The server told the individual that he would need to purchase a"Club Card" in order to purchase a drink, and sold the individual a card, and provided him with the requested beer. Twin Star VFW Post 8854 has a Liquor On Sale Club license. Clubs may only sell alcohol to members and bona fide guests; and the act of selling a "membership" card to anyone entering the club does not meet the requirements of being a member of the club. As such the sale to the individual was a violation of the license, as well as an illegal sale to an underage person. If you do not dispute the above facts please send me a letter with a statement to that effect. The matter will then be scheduled for a hearing before the St. Paul City Council to determine what penalty, if any, to impose. You will have an opportunity to appeaz and speak on your own behalf, or to have someone appear there for you. Page 2 William Massie May 20, 1999 q�-`�9 On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing before an Administrative Law Judge (AL,�. If you wish to have such a hearing, piease send me a letter stating that you aze contesting the facts. You wili then be sent a"Notice of Hearin�," so you will know when and where to appeaz, and what the basis for the hearing will be. In either case, please let me know in writing no later than Tuesday, June 1, 1999, how you would like to proceed. If I have not heard from you by that date, I will assume that you are not contesting the facts. The matter will then be scheduled for the hearing before the Sf. Paul City Council. If you have any questions, feel free to call me or have your attorney call me at 266-8710. Sincerely, �/�,,�.� � ��a �, Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Community Organizer, Summit-University Planning Council, 627 Selby Ave., St. Paul, MN 55104 aa-4�q STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on May 20, 1999, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: William Ma5sie Club Manager Twin Star VFW Post 8854 888 Aurora Avenue St. Paul, MN. 55104 (which is the last known address of said person) same, with postage prepaid, in the United States Minnesota. Subscribed and this 20th day � � Notary sworn to before me of May, 1999. pETEp p, ppN�ORN Comm. ExPires Jen.31. and depositing the mails at St. Paul, Page �_of � � ST. PAUL POLICE DEPARTMENT GENERAL REPORT -' ' - Squad: Team: Offense: os �92 c���v r.,-� � Location of Crime Svne• Occurred [�qt Q Between: ! QO S hrs. �� CN 99-067-152 �, . .�9�- � �q c hrs. on ra Records Crime Lab Lab Lacl tv Room Squad 792 Sgt. Wachal and Squad 795 Off. Weyker conducted liquor compliance checks in the Westem District on the above date. We utilized one underage operative (UC Undercover) to make purchase attempts at various on-sale establishments that sell either liquor or wine/beer. The operative was # 35. The UC was both photographed and identified by his Mumesota DriveF license with a DOB of 10-26-80 making him 18 yeazs of age. We had him remove his property s from his pockets so he couldn't enter any establishment with any form of identification. The UC was wired with a transmitter so we could hear his conversation once he was inside a particular establishment. We were able to monitor the conversation in our unmazked caz outside. At 1905 hours, we sent #35 into Twin Star VFW Post # 88541ocated at 820 Concordia to make an attempt to purchase an alcoholic beverage. We parked up the street south of the bar and listened. We could clearly hear him ask for a Miller Genuine Draft beer over his wire. The server later described as an older B/F wearing a white shirt with a vertical black stripe down the front told the UC that he needed to purchase a Club Cazd in order to purchase a drink. He did so with the $10 bill I provided him prior to going out this evening. Once he paid for and signed it, the server apparently gave him a beer because I heard her ask him: "did you want a glass with that?" The UC then left the baz and met us outside where we parked on the pazking lot just south of the bar. He then described the server to us. We went inside and were buzzed in through the locked front door. I observed the woman described by #35 behind the counter. I also saw a 12 ounce bottle of Miller Genuine Draft beer on the aorth end of the bar. I told the server that the yoqng man that just left was 18 years old and if she provided the beer on the baz to him. I pointe¢ to it as I spoke. She acknowledged that she did so. We identiSed her aSSHiI� Yvo� n�� IjOB 6-28-42 of 567 W. Central. She was cooperative. I photographed her and advised her of a watning this time but there will be a recheck withitt six months. I recovered the $10 hill from F�ill for the use of the Club Cazd (# 0224). The card was turned in to the Propert}+ Room as evidence. 0 z � � � J � Emp. No.: /� Yes Q No / CHF ❑ Hom ❑ Rob ❑ Juv ❑ Coord ❑ ID ❑ Lab ee eam ❑ Sex ❑ Rptr ❑ Othei __�� D/C ❑ Burg � Thek Q Prop Q CAU � F&F Q Auto � DAO ❑ CO � HumServ c \� � � M 621•92R °lq - c.�q � � 0 �. x a W O � � r � rn d U � R J � 1 N 0 'L' O G a C O w R � .. w c d N C d V J N J (6 Y� N N C V U C .._I � U U N Q � T � � L� N � N � c � U N � U � � N � � � � n � Z C N U lj � O N� W � Q Q � � N � N � Z � � 'a U m Q N �J � � ro � � a LL a> > Z F m � Z � � � F- � 0 a � N LL � > � Z ~ C � O a � �U c 3 0 U � N O o N f6 � ! X y C n � 3 z U O d U C m � N c E m Z C n. � O U U C f 7 N C a � � Z N C ,� � r L M a m N N d ^ C Ip] fD � � F N V � i ..' � r o p 'o d d a U � C J N � N .p U U � V � J O ` � f6= c QZ O O rn� m � �°- � i- J C m U �� _I O p=c EG U� n,o� o i � N C��O j j� � J ' =°o - a rn ��°' m f0 .0 Y J (n l.L J �.�_.�O U yLLN�Ll f� N U U � mU c mCJ v '6 NT� U (nNNCn M d C� O d C� J C N E � a N C y C���'fl�K�L � a�� m � 3 3 c a -�m nrn�OU � N ��Z���� LL rnL�fl.��`�"O�@��Q � CO-�Q COLL.�rn>pm�J �p U OLU O d C C�i:. 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