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84-562 �NHITE - CITV CLERK P1NK ,� - FINANCE G I TY OF SA I NT PA U L Council � CANARV - DEPARTMENT BLUE - MAVOR � �City Attny/PBB File N 0.__ g ` Cou cil Resolution Presented By � �'�� Referred To Committee: Date Out of Committee By Date WHEREAS, Russell A. Miller holds non-intoxicating (on sale and off sale) and restaurant licenses for the premises known as Miller' s Bar, 471 St. Peter St. , Saint Paul; and WHEREAS , a hearing was held on April 11 and 26, 1984, before the Council of the City of St. Paul upon the recommendation of the License Inspector that such licenses be revoked, such recommendation; the grounds therefor, and notice of such hearing being communicated to the licensee by letter dated March 14, 1984; and the licensee being represented by counsel ; and WHEREAS, testimony was received from Joseph F. Carchedi , License Inspector; Sgt. Per Tredal, Officers B.R. Mossbarger and Nancy Di Perna, and Lt. Geo. Hutton, all of the St . Paul Police Department; Russell A. Miller; Linda Marie Rongitsch; Mike Schwartz ; Gordon Sylstad; James Nellis ; and Laura Nellis ; and received docu- mentary evidence and police reports numbered as City Exhibits 1 through 10, and Licensee' s Exhibit l ; and WHER.EAS , the evidence established that sales of mari,juana occurred in the licensed premises on numerous occasions between �'` February, 1983 and January, 1984; that the employees of the licensee � knew or should have known of such sales , that knowledge being imputed to the licensee if he did not have actual knowledge; that minors under the lawful age were present on the licensed premises and consumed alcoholic beverages , such beverages being sold to them by employees of the licensee; that the licensee and/or his employees showed ].ack of cooperation with the police in that no steps were taken to address or rectify the problems occurring in the licensed premises , particularly after a discussion on that point with Lt. COUNCILMEIV Requested by Department of: Yeas Fletcher Nays Drew [n Favor Masanz NiCOSia scnetbe� __ Against BY Tedesco Wflson Form d by City tto e Adopted by Council: Date Certified Passed by Council Secretary BY By, t\pproved by 1+lavor. Date Approved by Mayor for Submission to Council BY BY WMITE - CITV CLERK PINK � - FINANCE COUI�CII CANARV - DEPARTMENT GITY OF SAINT PAUL �� ���D� �BLUE - MAVOR File NO. 1 Council Resolution Presented By Referred To Committee: Date Out of Committee By Date -2- George Hutton of the Saint Paul Police; that employees of the licensee were unable to control persons entering the licensed premises ; that employees of the licensee had no control over the conduct of patrons or customers when the licensee was not there; and that a police officer was assaulted in the licensed premises on March 3 , 1984; and WHEREAS , based upon all of the evidence, testimony and documents received, upon consideration of the demeanor and credibility of the witnesses , and upon the findings recited above, the Council has determined that the licensed premises has been operated in such a manner as to create a serious danger to the public health, safety and welfare and so as to create a nuisance; now, therefore, be it RESOLVED, that the licenses held by Russell A. Miller for the premises known as Miller' s Bar, 471 St. Peter Street , are hereby revoked, effective at noon on the date this Resolution is published. COUNCILMEfV Requested by Department of: Yeas Nays Fletcher � o►aw In Favor Masanz Nicosia Scheibel � __ Against BY Tedesco Wflson Adopted by Council: Date MAY — 3 �98�1 Form Approved by City Attorney Certified Pa se ouncil Se etary BY By A►p ve y �Navor: A - 7 �98� Approved by Mayor for Submission to Council By By , . , �il�USHED ', ;'� i�=`� , � r-- �y:s�.� _-�����P"�`�d�,_ CiTY C�F SAINT PAUL `�. G,T T �'�, - � "" ' �'' OFFICE OF THE CITY ATTORNEY %� !� 1 i�. =o �1 � -1� = �,u�E tllil, z:'- . `� �!�!�[��!1!!' ^_s EDWARD P. STARR, CITY ATTORNEY � 6 '�a;�r,y;.:,��'���' 647 Ciiy Hall, Saint Paul, Minnesota 55102 GEORGE LATIMER 612-298-5121 MAYOR April 27 , 1984 Mr . Douglas W. Thomson Thomson & Hawkins Suite 1354 55 East Fifth Street St . Paul , Minnesota 55101 Dear T�Ir . Thomson: Enclosed is a copy of the Resolution relating to the Miller' s Bar licenses . It wi11 be on the Thursday, May 3 , 1984, Council agenda. Very truly yours , PHILIP B . BYRNE Assistant City Attorney Enc . cc : �11 Olson C-i�-����k ��- �`���-�� THOMSON & HAWKI NS `t,/3l�� LAWYERS DOUGLAS W, THOMSON SUITE 1530 � CHARLES L. HAWKINS F�FTY-FIVE EAST FIFTH STREET DEeOR/+H ELLIS SAINT PAUI, MINNESOTA 55101 (612) 227-0856 October Twenty Second 1 9 8 4 �-,„-r�.:'""`�f 7""�'"� '�"'° :� 'a� ..:o.�.R y..,,y L G� / ('`1���y`�� � r�l'" ��s.r�,�e.�'� �'�4�'„Si'�l - ' - y� v - �r-.�.,.. �. ; .. z . .. � - Joseph F. Carchedi License Inspector ��T 2 � ���4 Dept. of Finance and Management Services Division of License and Permit Administr�tion ,.,_ Room 203, City Hall �' �`����f�i��' ` b' � '�'�`�R .S't. PaLll� MlIlT12SOtd 551�2 � '�° �'�,�"4i�'�fi:v: r-�a�,- �' . ia°au�.r��.: Miller' s Bar Dear Mr. Carchedi: As you k_now I represent Russell Miller the owner and license Holder of rZiller' s Bar. Since the decision of the St. Paul City Council to remove the license there has been a substantial change in circumstances that I feel would be relevant in support of a request that the Council reconsider its decision. The change in circumstances includes the change in the complexion of the neighborhood in which the bar is located and the fact there has been no incidents regarding the operation of Miller' s Bar since the decision to revoke. The purpose of this letter is to request that you place the matter befare the City Council for the purpose of- presenting a formal request for reconsideration. Thank l�ou. Yours truly, ,.,,,-- l t� --��-�----" � � , �� -� uglas W. Thomson �� �: �c+r�- DWT/dbt ..-.. `�-' � �x � � °�Q nwa c� r � �� � � � rn � ..�.